DR. AMBEDKAR AND THE HINDU CODE BILL 441
will be faced with opposition to the Bill from the most intelligent section, the most enlightned section ( An honourable Member: Which the Honourable Member has not done). I believe the interruption is not based upon a thorough consideration of the subject. I submit that it will be agreed that the members of the bar are not very conservative people
Shri L. Krishnaswami Bharathi: Most of them are orthodox and conservative.
Mr. Naziruddin Ahmad : They are not perhaps the orthodox section. . . .
Shrimati Renuka Ray : What about the opinion of Mr. Atul Gupta recognised as one of the most eminent lawyers and chosen by Congress for the Partition Committee?
Shri Krishna Chandra Sharma : Does the lawyer line on precedents !
Mr. Naziruddin Ahmad : In spite of these interruptions I submit they are not the orthodox sections. You go to any bar library and you will find that this Bill is opposed tooth and nail . . . .
Shri L. Krishnaswami Bharathi : Because their occupation will be gone.
Mr. Naziruddin Ahmad : I do not agree that you eliminate the profession of the bar by this Bill. You are introducing complications which you can not think of. On the other hand, I submit that the lawyers in a different capacity, in a professional capacity, will thank this House for introducing this controversial measure. Four judges of the Calcutta High Court, four advanced Hindu judges of the Calcutta High Court— one of whom now adorns the Federal Court Mr. B. K. Mookerji have said—that the law is already well settled, the law is well known. The law may be different here and there but that is due to various reasons into which I need not now go. The law is well known.
Shri A. Karunakara Menon : If the law is so settled why Law reports every week?
Mr. Naziruddin Ahmad : It is because I feel that my honourable friend does not realise the subtleties which underlie the law. In fact precedents are necessary. You cannot cover any possible case in anticipation by legislation. So precedents are necessary. They illuminate difficulties and they are helpful in deciding cases in future. The moment mankind gives up precedents, specially in the domain of law,