DRAFT CONSTITUTION 1015
a period of twenty-four hours of such arrest. No magistrate can exercise his authority in permitting longer detention unless he knows the charges on which a man has been detained.
Shri H. V. Kamath : I know a little of the Criminal Procedure. I have known of cases where magistrates have remanded persons for fifteen days at a stretch without the police filling a chalan or charge sheet before him. I know of magistrates who have remanded persons without caring to go into the prima facie merits of the case. Another thing that Dr. Ambedkar said was that the words “as soon as may be” really means “immediately”.
The Honourable Dr. B. R. Ambedkar : It means in any case within twenty-four hours.
Shri H. V. Kamath : May I invite his attention to certain articles where the words “as soon as may be” have been used without any specific connotation. Take for instance article 280 which relates to the Emergency Powers of the President.
The Honourable Dr. B. R. Ambedkar : The interpretation of the meaning of the words “as soon as may be” must differ with the context.
Shri H. V. Kamath : I do not know whether Dr. Ambedkar will be always in India to interpret and argue with doubting layers and doubting judges as to the meaning of the words and phrases used in this Constitution. I am sorry Dr. Ambedkar will not be immortal to guide our judges and lawyers in this country. As the Constitution is being framed not for Dr. Ambedkar’s life time, but for generations to come, I think we must be specific in what we say.
The Honourable Dr. B. R. Ambedkar : You are selling your immortality very cheap.
Shri H. V. Kamath : I have no desire for physical immortality. It appears however that Dr. Ambedkar presumes he will be immortal.
The Honourable Dr. B. R. Ambedkar : You might admit you have made a mistake in tabling this amendment.
*Shri H. V. Kamath : ...Dr. Ambedkar in his speech referred to the enthusiastic champions of absolute liberty. I shall make it quite clear that I am not an advocate of absolute liberty.
Mr. President : He did not talk of absolute liberty today.
Shri H. V. Kamath : He did, Sir, if I remember aright. (The Honourable Dr. Ambedkar noded in the affirmative). He referred to absolute personal liberty. I am not a champion or advocate of absolute personal liberty....
*CAD, Vol. IX, 15th September 1949, p. 1518.