882 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
The Honourable Dr. B. R. Ambedkar : But the House should recognise what I am saying viz., that it is not possible for the Drafting Committee to bringforth before the House a neat and complete formula which will not require reconsideration. Now Sir, my friend said that we have brought in the High Courts. Well, we have deliberately brought in the High Courts because we felt that it was necessary lo bring in High Courts in view of certain articles that we have already passed. My Friend, Mr. Naziruddin Ahmad, evidently forgot articles 192A, 193, 197,201 and
207 which deal with the High Courts and if he were patiently to apply his mind to these articles, he will find that the only matter that is left to the Provincial Legislatures is to fix jurisdiction of the High Courts in a pecuniary way or with regard to the subject matter. The rest of the High Court is placed within the jurisdiction of the Centre. Obviously when considering entries in the Union List which are meant to give complete power to the Centre, we were bound to make good this lacuna and to bring in the High Courts which, as I said, by virtue of these articles excepting for two cases have been completely placed within the purview of the Parliament. There is nothing surreptitious about it. This is merely correcting and error which originally crept in by reason of the fact that the article and entry were not properly composed. That is the reason why High Courts have been brought in.
Coming to the question as to why we have brought in the entry— Persons entitled to practice before the Supreme Court and the High Court—the position has been already explained by my friend Mr. Alladi Krishnaswami Ayyar ; but I will put the same matter very shortly, and it is this that, really speaking, there is nothing very extraordinary in bringing in these words— persons entitled to practice before Supreme Court or High Court—as Members will see article 121 which gives Parliament the power to make any law with regard to persons practising before the Supreme Court. Therefore, that power is already there and there is nothing new so far as the entry refers to persons entitled to practise before the Supreme Court.
Now with regard to the High Court, the position is this. The power which the Centre have today is contained in entry 17 of the Concurrent List which deals with professions, and legal profession is one of the professions. It is, therefore, perfectly possible for Parliament to enact a taw regulating the practice of persons appearing in the High Court by virtue of the power given to it by entry 17 which is in the Concurrent List, but the trouble with that is this. Concurrent List means that both parties can legislate. The Centre can legislate and the provinces can legislate and the legislation may be not quite in consonance with each oilier. Consequently it was fell that while leaving entry 17 as it is in the Concurrent List lo cover all professions,