916 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
“That for amendment No. 3589 of the List of Amendments, the f ollowing be substituted :—
‘That entry 4 in List II be omitted from that List and be included in List I.’ ”
Sir, I may with your permission say that instead of List I the entry should be included in List III. It will meet the objection of Mr. T. T. Krishnamachari. Sir, I regard “Police” as a vital subject and I think it should be included in the concurrent powers and thus brought under the Centre.
Shrimati Purnima Banerji (United Provinces : General) : I want to ask whether you are satisfied that ‘Police’ includes the Home Guards and the Pranthiya Raksha Dal.
The Honourable Dr. B. R. Ambedkar : That depends upon any legislation made by the province. If under the Police Act they enrol a certain person, he is a police for that purpose or if they enrol under some other Act and they are given the powers of the Police, that will also be police.
Shri Mahavir Tyagi : May I ask whether the Home Guards and the Pranthiya Raksha Dal go under the residuary powers of the Government of India or be controlled by the local Government? Where will they go?
The Honourable Dr. B. R. Ambedkar : If it is not Police, then it will go under the Central government. “Police” is used in contradiction to “Army”. Anything which is not “army” is Police.
Shri Mahavir Tyagi : Let that go down as your ruling within questions.
Pandit Hirday Nath Kunzru : If Dr. Ambedkars’ interpretation is correct, then a province can raise an army without calling it by that name.
The Honourable Dr. B. R. Ambedkar : No, I do not think they can do it.
Dr. P. S. Deshmukh : That is what is happening already.
The Honourable Dr. B. R. Ambedkar : An army is enrolled under the Indian Army Act 1911 and there are stringent conditions laid down as to enrolment in that Act. A province has no right to legislate on that entry at all.
Pandit Hirday Nath Kunzru : A province will not legislate with regard to the creation of an army at all. But, it can raise a force and give it military training without calling it an army.
Shri T. T. Krishnamachari : I might mention, Sir, that there are special armed police in the provinces. They are recruited under the powers given under the Police Act. They are considered to be a police force even though they are on a quasi military basis.