z:\ ambedkar\vol-02\vol2-10.indd MK SJ+YS 21-9-2013/YS-8-11-2013 791
EVIDENCE : RIGHT HON. SIR SAMUEL HOARE AND OTHERS 791
Dr. B. R. Ambedkar: But, all the same, the issue in both cases would be the same, namely, the interpretation of the Constitution Act. I can quite understand the distinction being based upon different causes of action, but where the cause of action is the same, or rather the plea is the same, namely, that there is a breach of the constitution, I do not see any justification in making this distinction based upon units and parties.
†14,380. Dr. B. R. Ambedkar: Now there is another question which I wish to ask the Secretary of State, and it is this. I do not find any provision in the White Paper about it. Do not you think, Secretary of State, it is desirable that there should be provision made allowing private individuals to sue for a declaration that a particular act is unconstitutional, although he is not seeking any specific relief ? I mean, all the cases that you have provided for I find are cases in which some specific relief is asked for. It may be desirable that a private party, in order to safeguard his future, may like to test at once if he has any doubts whether the particular proposal made by the Federation or by a Province is unconstitutional so that he may safeguard his position for the future, although, at the moment, when he is filing the suit for the proceedings, he has no reason to seek any specific relief ?
Sir Samuel Hoare: I have some hesitation, not being a lawyer, in answering a question of that kind, but if I may give offhand the answer of a layman I would have said that it was extraordinarily difficult to allow a general right of that kind without any specific issue affecting the individual.
Marquess of Reading: May I make the observation that what you have said is really the law as it is applied in this country ? We do not allow these applications of what are called Qia timet, that is to say, merely a case of difficulty hereafter to get a declaration when there is no substantial dispute and the moment there is a dispute it can be done. We never allow it, and I do not think they do in India.
Sir Hari Singh Gour: No cause of action ; no right of suit.
Mr. Zafrulla Khan: Indeed there would be very great difficulties if such a provision were inserted in the Constitution. You would start a million suits being instituted in India the moment the Act was passed.
14,381. Dr. B. R. Ambedkar: I do not know whether everybody will exercise his right ?
Sir Samuel Hoare: It would be an excellent affair for the legal profession in India.
‡15,741. Dr. B. R. Ambedkar: Just one question, Secretary of State, dealing with the exceptions in (c), “Special Powers” (Special powers of the Governor-General) as I understand, the position is this : Generally
† Minutes of Evidence, Vol. II-B, 20th October 1933, p. 1293.
‡ Ibid., 7th November 1933 p. 1344.