z:\ ambedkar\vol-02\vol2-10.indd MK SJ+YS 21-9-2013/YS-8-11-2013 785
EVIDENCE : RIGHT HON. SIR SAMUEL HOARE AND OTHERS 785
13,151. Dr. B. R. Ambedkar: Now, with regard to Proposal 114, there is a proviso tacked on to it that the concurrent power shall not be exercised so as to impose a financial burden. What I would like to know is this. If there is a dispute that a particular proposal does impose a financial burden, one party contending that it does not, another party contending that it does, now is this dispute to be resolved ? Largely and broadly, for instance, the Central Government proposes new service to be carried on by the new Provinces, one could draw the conclusion that such a thing would impose a financial burden, but there might be cases on the border-line where there might be a dispute ?
Sir Samuel Hoare: As the provisions stand at present, recourse would be to the Federal Court. That may not, however, be sufficiently comprehensive a method and, as I said the other day, we are considering the possibility of some kind of arbitral procedure to apply in cases that were not suited for settlement by the Federal Court.
13,152. Mr. M. R. Jayakar: It would fall at present under paragraph 155(i) ?
Sir Samuel Hoare: Yes, the Federal Court.
13,153. Dr. B. R. Ambedkar: There is just one more question I would like to ask you, Secretary of State, because I am not clear about it What I want to know is this : With regard to these administrative relations, first of all, is the Central Government bound to employ the Provincial Governments as its agents ?
Sir Samuel Hoare: Yes, in the concurrent field.
13,154. Dr. B. R. Ambedkar: It is bound to?
Sir Samuel Hoare: Yes.
13,155. Dr. B. R. Ambedkar: It cannot employ its own agents ?
Sir Samuel Hoare: It is our intention that the administration in the concurrent field should be Provincial.
13,156. Dr. B. R. Ambedkar: Subject to a question of whether its directions can be given or not—that is another matter ?
Sir Samuel Hoare: Yes.
13,157. Dr. B. R. Ambedkar: Then it would also follow that the Provincial Governments are bound to take up the work of the agency of the Central Government if they are called upon ?
Sir Samuel Hoare: Yes, under the Federal Law.
†13,411. Dr. B. R. Ambedkar: Also the fact that the backward classes are included in the Communal Award by having a certain number of seats assigned to them. Would that not also bring them under the definition of “minorities” ? I mean if, as you said just now, the minorities would be those communities that are covered by and included in the Communal Award, I should imagine the Backward Classes also would be included in the Communal Award ?
† Minutes of Evidence, Vol. II-B, 17th October 1933. p. 1206.