DRAFT CONSTITUTION 961
[Amendment was negatived. Paragraph 3, as amended, was added to the Schedule.]
( Paragraph 4 )
*The Honourable Dr. B. R. Ambedkar: Sir, I move :
“That in sub-paragraph (1) of paragraph 4, the words and figures ‘or those arising out of any law made under paragraph 3 of this Schedule’ be deleted.’ ”
They are unnece ssary.
Sir, I also move:
“That in sub-paragraph (2) of paragraph 4, for the words ‘shall have appellate jurisdiction over such suits or cases and the decision of such Regional or District Council or Court shall be final’ the words ‘except the High Court and the Supreme Court shall have jurisdiction over such suits or cases’ be substituted.’ ”
Sir, I also move:
“That after sub-paragraph (2) of paragraph 4 the following sub-paragraph be added :—
(3) the High Court of Assam shall have and exercise such jurisdiction over the suits and cases to which the provisions of sub-paragraph (2) of this paragraph apply, as the Governor may from time to time by order specify’.”
This amendment makes an important change. Originally under subparagraph (2) of Paragraph 4 the decision of the District Court was final. Now we have provided that they shall be subject to appellate jurisdiction of the High Court and the Supreme Court which was a necessary provision.
†The Honourable Dr. B. R. Ambedkar : Sir, I must say that I was somewhat surprised by my honourable Friend’s putting me these questions. I think he could have answered them himself. But I will now answer them as he has put them to me.
With regard to the first question of whether lawyers will be allowed to appear in courts established in the tribal area, the answer is very simple. In the first place, the Provincial Government will have the power, under the entry in List III dealing with professions, to make any law with regard to the legal profession; and if under that law they provide that lawyers shall be entitled to appear in the courts in the districts which are known as autonomous districts, then that law will apply unless the governor thinks that that law should not apply. Therefore, that matter is quite clear.
With regard to the question of appeals from the decisions of the tribunals which are created under this paragraph, the answer again is quite simple. The paragraph first provides that a court of appeal may be
*CAD, Vol. IX, 6th September 1949, p. 1033.
† Ibid ., pp. 1035-1036.