962 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
constituted there. Now the Governor or the Provincial Ministry may either constitute a new court of appeal in which case appeals will go to that court, or may declare the District Judge’s Court as a court of appeal which will hear appeals from decisions made by the village panchayats and other courts. Therefore, there again there is a provision for appeal. According to my amendment now, there may be a further appeal from the District Court of appeal either to the High Court or to the Supreme Court.
Shri Rohini Kumar Chaudhari : I particularly read out these lines of sub-paragraph (2): —
“...the Regional council for an autonomous region or any court constituted in this behalf by the Regional Council or, if in respect of any area within an autonomous district there is no Regional Council, the District Council for such district, or any court constituted in this behalf by the District Council, shall exercise the powers of a Court of Appeal in respect of all suits and cases between the parties all of whom belong to scheduled tribes...”
What would happen when one of the parties is not a member of a scheduled tribe?
The Honourable Dr. B. R. Ambedkar : If the parties are such that one is a tribal and the other a non-tribal, then the ordinary law will apply.
Shri Rohini Kumar Chaudhari : Where have you provided it?
The Honourable Dr. B. R. Ambedkar : It follows from it. Even now it says, “where the parties are...”*. I do not think there is any difficulty and I hope my friend has understood it.
Shri Rohini Kumar Chaudhari : There is no provision made anywhere, Sir.
The Honourable Dr. B. R. Ambedkar : The jurisdiction of the ordinary court is ousted only to the extent provided for in paragraph 4. Otherwise the jurisdiction of the ordinary courts continues. These will not be the only courts in this area; there will be other courts established by the Provincial Government for the purpose of administration of the general law of the Province.
[Paragraph 4, as amended, was added to the Schedule.]
(Paragraph 9)
†The Honourable Dr. B. R. Ambedkar : Sir, I move:
“That sub-paragraph (1) of paragraph 9 be deleted.”
The paragraph refers to licence or lease granted by the Government of Assam for the prospecting for or the extraction of minerals. That matter now is with the Central Government and therefore it is unnecessary to have this sub-paragraph here.
*Dots indicate interruption.
†CAD, Vol. IX, 6th September 1949, p. 1039.