z:\ ambedkar\vol-02\vol2-10.indd MK SJ+YS 21-9-2013/YS-8-11-2013 761
EVIDENCE : RIGHT HON. SIR SAMUEL HOARE AND OTHERS 761
position as the Provincial Communal Award, but they see the gravest objection to any change on two points, viz ., the allocation of one-third of the British India seats in the Federal Legislature to Muslims, and the percentages of the seats allocated to British India and the States respectively.†
- To summarise, it will be clear from the above that the Communal Award has reference only to the composition of the Legislatures, and is not concerned with the whole of the manifold points in the Constitution which have a communal aspect (e.g. special responsibilities of Governors and GovernorGeneral, relations between Centre and Provinces, fundamental rights, etc.) and also that in respect of the matters provided for in the Communal Award, the Government have clearly defined their position and the conditions upon which alone they would think it justifiable to depart from it.
‡7231. Sir Austen Chamberlain: Is it the intention of the Secretary of State at sometime during our proceedings to make proposals of that kind to us ?
Sir Samuel Hoare: Certainly ; I think it is quite essential that in any Constitution Act, somewhere or other, there should be provision for constituent powers.
- Dr. B. R. Ambedkar: I may draw attention to similar provisions in the present Government of India Act. There are certain sections mentioned in an appendix.
Sir Samuel Hoare: It is I think following the lines of every Constitution Act and following the lines of the Government of India Act itself.
- Lord Salisbury: I have read it as well as 1 can at the moment, but I have not been able to appreciate it fully ?
Sir Samuel Hoare : If Lord Salisbury will look at it again, always keeping in mind the fact that this is one of the questions which we have to consider and for which we have eventually to make some kind of provision in the Constitution Act, I think he will fully appreciate it.
Dr. B. R. Ambedkar: It is the Fifth Schedule to the Government of India Act : “The provisions of this Act which may be repealed or altered by the Indian Legislature.”
§7260. Marquess of Zetland: May I ask one supplementary question? With regard to those four constituencies which will return Depressed Class representatives, will they overlap territorially ?
†To prevent misapprehension, it may be explained that of the ten Governor-General’s nominees in the Upper Chamber, it is intended that six should be from British India and four from the States.
‡Minutes of Evidence, Vol. II-B, 20th July 1933, p. 828.
§ Ibid., 21st July 1933, p. 832.