(16) Wing Commander A. W. H. James and Dr. J. H. Hutton16-10-1933 - Page 757

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736 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

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Lieut.-Colonel C. E. Bruce, C.S.I., CLE., C.B.E., Lieut.-General Sir George Macmunn, K.C.B., K.C.S.L, D.S.O., Mr. F. F. Lyall CLE., Mr. Waris Ameer Ali I.C.S., Mr. O. C. G. Hayter, and Hon. Mr. Justice W. A. Le Rossignol.

†12,465. Dr. B. R. Ambedkar: Were there Ministers in India at the time when you were District Judge ?

Lt. Col. C. E. Bruce: There were, but they were not concerned with me ; I should say, not elected Ministers, but I am referring now to the future in this Memorandum when, as I understand, the proposed Constitution—

12,466. Dr. B. R. Ambedkar: I thought you were speaking from your experience ?

Lt. Col. C. E. Bruce: May I explain to you ? This refers to the future when the proposal is to place Ministers under elected Legislatures and responsible to elected Legislatures and liable to stand or fall with their Cabinets.

Sir Hart Singh Gour: Your words are prophetic.

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Wing Commander A. W. H. James, M.P., and Dr. J. H. Hutton, C.I.E., I.C.S.

‡D29. Dr. B. R. Ambedkar: Cannot they plead tribal law as their customary law ?

Wg. Comdr. A.W.H. James: No, it is not recognised by the High Court

Dr. B. R. Ambedkar: The High Court would recognise any custom ?

Wg. Comdr. A. W. H. James: It is not necessary to establish that it is a Hindu or Muhammadan custom. If there is no law laid down in that sense, the custom would govern. Ordinarily, that would be the thing. I am not speaking with first hand knowledge.


§D222. Dr. B. R. Ambedkar: Dr. Hutton, in reply to a question by Major Attlee, I think you stated that you would prefer that the administration of the excluded areas should be a Central subject, rather than a Provincial subject ?

Dr. J. H. Hutton: That is my own feeling.


D224. Dr. B. R. Ambedkar: I just want to turn to some other matters which have been discussed in your paper, I think you are proceeding upon the basis that these people should under no circumstances come within the purview of the new constitution ?

Dr. J. H. Hutton: That is so.

D225. Dr. B. R. Ambedkar: That is the hypothesis and the basis upon which you are proceeding ?

†Minutes of Evidence, Vol. II-C, 6th October 1933, p. 1612.

Ibid., Vol. II-D, 16th October 1933, p. 2376.

§ Ibid., pp. 2388-90.