Article 25 - Page 467

434 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Mr. Vice-President : The consideration of that article has been postponed for the time being.


ARTICLE 25

*The Honourable Dr. B. R. Ambedkar : Sir, I do not think that because this article is subject to the provisions of the other articles to which my Honourable Friend, Mr. Karimuddin has referred, it is not possible for us to consider this article now, because, as will be seen, supposing we do make certain changes in article 285 or others relating to that matter, we could easily make consequential changes in article 25. Therefore, it will not be a bar. Therefore, it is perfectly possible for us to consider article 25 at this stage without any prejudice to any consequential change being introduced therein. Supposing some changes were made in the articles that follow ......

Kazi Syed Karimuddin : Then why not postpone this ?

The Honourable Dr. B. R. Ambedkar : No.

Mr. Vice-President : I am going to put this amendment to vote, because if it is carried, then the consideration of all the amendments will be postponed.

Mr. Vice-President : The question is :

“That the consideration of this clause be postponed till the consideration of Part XI of this Draft Constitution.”

The motion was negatived.


†Mr. Naziruddin Ahmad : Perhaps there is some mis-print; I do not know. If there is no mis-print it is certainly open to the comment that it is vague.

The only point that I had in mind was that the right to move the Supreme Court by appropriate proceedings is guaranteed. I wanted to allow the people to move other Courts also. If there is a fundamental right granted here, and if any poor man is forced to move the Supreme Court

The Honourable Dr. B. R. Ambedkar : See sub-clause (3).

Mr. Naziruddrn Ahmad : That sub-clause empowers some other specified Courts to deal with this subject ; but I wanted to make it more general, that the fundamental rights should be capable of being enforced by a motion in any Court....

*CAD, Vol. VII, 9th December 1948, p. 931.

Ibid., 931.