z:\ ambedkar\vol-02\vol2-09.indd MK SJ+DK 21-9-2013 683
EVIDENCE : MIR MAQBOOL MAHMOOD AND OTHERS 683
evidence. I said that in a matter like this it is very difficult to derive any help from analogy. What is, or is not, present in other parts of the world will not very much help us, because the position of the States in regard to the British Crown is very unique and, therefore, we have it here (it may be anomalous) that whereas the State subject owes allegiance to his own Ruler, he also owes allegiance to the Crown, and in order to adjust the legal position and all the implications arising therefrom, the matter has got to be considered in all its bearings. It is hardly possible to give an answer in the course of evidence as to what should be the legal implications of such a position.
- Mr. Jayakur : Therefore, may I take it that no final and unalterable decision upon this point has been arrived at by the States ?
Mir Maqbool Mahmood : No.
- Dr. B. R. Ambedkar : I am satisfied that you regard the position as anomalous and worthy of consideration ?
Mir Maqbool Mahmood : It is, undoubtedly, worthy of consideration.
- Dr. B. R. Ambedkar : Now I want to ask you a question about this Federal Court. Will you look at paragraph 155 of the White Paper ? You will see there that there is no provision made for a Federal Court having any jurisdiction in a dispute arising between a citizen from an Indian State versus a British Indian Province, or a citizen of a British Indian Province versus an Indian State. Do you not agree that it is necessary to provide a forum whereby a British Indian subject having a cause of action arising out of a Federal law against an Indian Slate should have a forum wherein he could vindicate his right ?
Mir Maqbool Mahmood : As I understand the White Paper, it is contemplated that Section 155 would apply only to certain special cases where the parties are State and State, or State and Province, or State and Federation, or Province and Federation. As regards a particular individual having a cause of action against a British Indian Province or a State, there is really no provision that the Federal Court will have jurisdiction. It is evidently implied that the cause of action arises or the place of residence of the defendant, as is ordinarily the case according to the Code of Civil Procedure, will determine the forum where the litigation will take place.
- Dr. B. R. Ambedkar : That is not the question. The question is this : Whether the Federal Court would have jurisdiction ?
Mir Maqbool Mahmood : No, it is not contemplated that the Federal Court will have jurisdiction.
- Dr. B. R. Ambedkar : Supposing a dispute arises out of a cause of action out of a Federal Legislation, the ultimate forum, wherever the original suit may lie, certainly must be the Federal Court ? May we not first look at the original litigation, the suit itself ?
Mir Maqbool Mahmood : It evidently contemplates that the suit will lie, either in British India or in the State, as the case may be. Then we come to the question of appeal.