z:\ ambedkar\vol-02\vol2-10.indd MK SJ+YS 21-9-2013/YS-8-11-2013 792
792 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
speaking, the Legislature cannot pass a discriminatory Act. I am speaking quite generally ?
Sir Samuel Hoare : Yes.
15,742. Dr. B. R. Ambedkar: Administratively the Government of the day cannot discriminate unless it satisfies the Governor that there is no discrimination in fact ?
Sir Samuel Hoare: No.
Mr. M. R. Jayakar: The Governor-General.
15,743. Dr. B. R. Ambedkar: The Governor-General or the Governor, because the proviso refers to both. That is theoretically and generally the position, is it not ?
Sir Samuel Hoare: Yes.
15,744. Dr. B. R. Ambedkar: Now under sub-clause ( c ) the Governor-General will have the power to pass a legislative enactment making a discrimination if it came within the terms of this proviso. I mean, this power you give to the Governor not only for administrative purposes, but also for legislative purposes ?
Sir Samuel Hoare: It is the general power under Proposal 18 of the White Paper.
15,745. Dr. B. R. Ambedkar: Governing both ; so that the Governor may discriminate although the Government may not ?
Sir Samuel Hoare: For the prevention of any grave menace to peace and tranquillity.
15,746. Dr. B. R. Ambedkar: Yes ; Now I want to ask what is the import of this. I will put one or two specific illustrations to see if that is what you mean. I suppose under (his clause it would be possible for the Governor-General, by way of prevention of any grave menace, to say that certain persons shall not be employed in the Army. Would it be open to the Governor to do so under this ?
Sir Samuel Hoare: I suppose theoretically it would be, but the case would be very remote in connection with a grave menace to peace and tranquillity. I cannot, for instance, imagine putting the concrete case which is perhaps in Dr. Ambedkar’s mind, a Governor-General saying that a proposal to start a unit endangered the peace and tranquillity of India.
15,747. Dr. B. R. Ambedkar: I am glad to hear that. That is what rather disturbed me ?
Sir Samuel Hoare: I am not saying whether from a military point of view it would be a good or a bad plan but I cannot see that this would come within the scope of this safeguard.
15,748. Dr. B. R. Ambedkar: Nor would it come within the special powers of the Governor in this clause to say that the Depressed Classes shall not be employed in the Police ?
Sir Samuel Hoare: No.
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