z:\ ambedkar\vol-02\vol2-09.indd MK SJ+DK 21-9-2013 684
684 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
- Dr. B. R. Ambedkar : But the suit may be of such a large character that the jurisdiction may lie with the Federal Court itself ?
Mir Maqbool Mahmood : I do not think so.
- Dr. B. R. Ambedkar : All that I want to draw your attention to is this, that in the provisions contained in paragraph 155, there is no provision made for a private citizen to vindicate his rights arising out of Federal Legislation against a Native Indian State, or a citizen of an Indian State against an Indian Province ?
Mir Maqbool Mahmood : Evidently.
- Dr. B. R. Ambedkar : Will you please refer to paragraph G of your Memorandum, Document 21, sub-paragraph ( c ) ?
Mir Maqbool Mahmood : Yes.
- Dr. B. R. Ambedkar : At the end of that paragraph you suggest that in case a particular State fails to enforce the decree of the Federal Court powers should be given to the Viceroy to do so ?
Dr. P. K. Sen : Yes.
- Dr. B. R. Ambedkar : Why do you want to give this power to the Viceroy and not to the Governor-General or to the Federal Ministry ? The Federal Court is part of the Federal Constitution ?
Dr. P. K. Sen : In the event of a particular order of the Federal Court not being carried out by the State unit, it seems that the appropriate person to see that it is carried out is the Viceroy.
- Dr. B. R. Ambedkar : Why Viceroy ? Why not the Governor-General or the Federal Ministry ? Why the Viceroy ?
Dr. P. K. Sen : Because the Viceroy is in touch with the State in his position as representative of the paramount power to see that a particular function which the State ought to fulfil is fulfilled.
- Dr. B. R. Ambedkar : No, I take a different view, and I want to put that view to you. The Federal Court is part of the machinery of the Federal Government, and it is the Governor-General who, under the White Paper proposals would be the person who would represent the Federation and not the Viceroy. The appropriate party therefore to have this power, if anyone is to have it, is the Governor-General and not the Viceroy ?
Dr. P. K. Sen : The question is whether the Governor-General as GovernorGeneral, and as head of the Federal Executive, will be able to bring to book, if I may so use the expression, or, rather, to enforce the particular order in the State.
- Dr. B. R. Ambedkar : My point is that he should be able to do it, not the Viceroy. The Viceroy represents the Crown in relation to para-mountcy in these things ?
Dr. P. K. Sen : What is the sanction for the Governor-General ? We apprehend that it would be the Viceroy who would have that particular