z:\ ambedkar\vol-02\vol2-09.indd MK SJ+DK 21-9-2013 685
EVIDENCE : MIR MAQBOOL MAHMOOD AND OTHERS 685
relationship of control as representative of the paramount power to bring it into effect.
- Dr. B. R. Ambedkar : I do not know whether I have made myself clear. My point is that the Federal Court is part of the Federal Constitution ?
Dr. P. K. Sen : Undoubtedly.
- Dr. B. R. Ambedkar : And the head of the Federal Constitution will be the Governor-General and not the Viceroy ?
Dr. P. K. Sen : Yes.
- Dr. B. R. Ambedkar : Consequently, the enforcement of the decisions of the Federal Judiciary, which is part of the Federal Constitution, properly belongs to the Governor-General and not to the Viceroy, and there fore it is the Governor-General who ought to have the power of enforcement ?
Dr. P. K. Sen : All I can say is that it seems that the proper procedure would be for the Governor-General to proceed through the Viceroy.
- Dr. B. R. Ambedkar : I will not pursue that point further. Mr. Panikkar, in reply to a question put by Mr. Jayakar, you said that it would be necessary to have the prior consent of the Indian States before the subjects which are going to be reserved at the centre are transferred, especially the Army. Have I represented you correctly ?
Mr. K. M. Panikkar : Quite correctly.
- Dr. B. R. Ambedkar : Do I understand you to say that if the States assent, at the next time when a question for discussion arises, that the Army should not be a transferred subject, it would not be transferred ?
Mr. K. M. Panikkar : Presumably so.
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Sir Michael O’dwyer, G.C.I.E., K.C.S.I.
*3356. Dr. B. R. Ambedkar : In your evidence I find that you make a very sharp distinction between what are called the intellectual classes, or intelligentsia and the masses. I want to ask you this : Do you make any difference in the situation when the intellectuals which you have in mind are drawn from one particular stratum of society and the situation in which the intellectuals are drawn from the different strata of society ?
Sir Michael O’dwyer : I do. I think if they are drawn from different strata they will have a wider outlook.
- Dr. B. R. Ambedkar : Do not you think in the present circumstances in India the intellectual class is really a composite class not merely drawn from the Brahmins but from the non-Brahmins, the Muslims, the Depressed Classes ?
Sir Michael O’dwyer : It varies very much in the different parts of India. In the North of India the intellectual classes are predominantly Hindu out *Minutes of Evidence, Vol. II-A, 29th June 1933, pp. 406-07.