1016 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
ARTICLE 15A
*Shri Mahavir Tyagi (United Provinces : General) : Sir, Dr. Ambedkar will please pardon me when I express my fond wish that he and the other members of the Drafting Committee had had the experience of detention in jails before they became members of the Drafting Committee.
The Honourable Dr. B. R. Ambedkar : I shall try hereafter to acquire that experience.
Shri Mahavir Tyagi : I may assure Dr. Ambedkar that, although the British Government did not give him this privilege, the Constitution he is making with this own hands will give him that privilege in his life-time. There will come a day when they will be detained under the provisions of the very same clauses which they are making (Interruption).
†Smt. G. Durgabai : ...Sir, I commend this article for the acceptance of the House.
Mr. President : I understand Dr. Ambedkar has to make certain suggestions to meet the criticisms that have been made against this article. I would therefore give him a chance to speak at this stage and if any further question arises we can consider it.
Babu Ramnarayan Singh (Bihar : General) : Does he agree to remove the article altogether?
Mr. President : No.
The Honourable Dr. B. R. Ambedkar : Sir, I relly did not think that so much of the time of the House would be taken up in the discussion of this article 15-A. As I said, I myself and a large majority of the Drafting Committee as well as members of the public feel that in view of the language of article 15, viz., that arrest may be made in accordance with a procedure laid down by the law, we had not given sufficient attention to the safety and security of individual freedom. Ever since that article was adopted I and my friends had been trying in some way to restore the content of due procedure in its fundamentals without using the words “due process”. I should have thought that Members who are interested in the liberty of the individual would be more than satisfied for being able to have the prospect before them of the provisions contained in article 15-A and that they would have accepted this with good grace. But I am sorry that is not the spirit which actuates those who have taken part in this
*CAD, Vol. IX, 16th September 1949, p. 1547.
† Ibid., p. 1556-1565.