694 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
ARTICLE 112-B
- The Honourable Dr. B. R. Ambedkar : Sir, I move :
“That for amendment No.23, the following amendment he substituted :—
“That after the new article 112-A, the following article he inserted :—
112-13 Parliament may by law confer on the Conference on the Supreme Supreme Court power to entertain and hear appeals Count of Appellate jurisdiction hum any judgment, final order or sentence of a High with regard to criminal Court in the territory of India in the exercise of its matters. criminal jurisdiction subject to such conditions and limitations as may be speed led in such law.
ARTICLE 111-A
† Mr . President: Dr. Ambedkar will now move his amendment.
The Honourable Dr. B. R. Ambedkar (Bombay : General) : Sir, I move :
“That with reference to amendments Nos. 23 and 24 of List I (Fifth Week) for the new article 111-A, the following be substituted :—
111-A (1) The Supreme Court shall have power Appellate jurisdiction of to entertain and hear anneals from any judgment, Supreme Court with regard to final order or sentence in a criminal proceeding of criminal matters. a High Court in the territory of India— (a) if the High Court has on appeal reversed the order of acquital of an accused person and sentenced him to death; or
(b) if the High Court has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or
(c) if the High Court certifies that the case is a fit one for appeal to the Supreme Court:
Provided that an appeal under sub-clause (c) of this clause shall lie subject to such rules as may from time to time he made by the Supreme Court and to such conditions as the High Court may establish or require.
(2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law.”
I do not wish to say anything at this stage but I shall reserve my remarks towards the end after hearing the course of debate on my new amendment.
‡The Honourable Dr. B. R. Ambedkar : Mr. President, Sir, I rise to make just a few observations in order to give the House the correct idea of what is proposed to be done by the introduction of this new article 111-A. The first tiling which I should make clear is that it is not the intention of article
111-A to confer general criminal appellate jurisdiction upon the Supreme Court. The jurisdiction sought to be conferred is of a very limited character.
*CAD, Vol. VIII, 13th June 1949, p. 824.
† Ibid., 14th June 1949, p. 840 .
‡ Ibid., 14th .Tune 1949, pp. 853-57.