DR. AMBEDKAR AND THE HINDU CODE BILL 461
in this way : Agricultural land was in the Legislative List of the Centre under the previous constitution. The Bill was passed by the Lower House in March 1937 when it was functioning under the old Constitution. The Upper House passed it sometime in April when the new constitution of
1935 had come into force. So, when the Bill was passed by the Upper House, it had no jurisdiction to legislate for agricultural land. The amending Act of 1938 was passed when none of the Houses had this jurisdiction. These were capital blunders committed by the Legislature of the time. The Rau Committee referred the matter for opinion to the Federal court. The Federal court gave a ruling that the House had………
The Honourable Dr. B. R. Ambedkar (Minister of Law): The history is wholly wrong.
Shri L. Krishnaswami Bharathi (Madras : General): How could the Rau Committee refer to the Federal Court ?
Mr. Naziruddin Ahmad : It is wholly wrong ?
The Honourable Dr. B. R. Ambedkar : Yes, wholly wrong.
Mr. Naziruddin Ahmad : In what respect ?
The Honourable Dr. B. R. Ambedkar : I will deal with it in my reply.
Pandit Lakshmi Kanta Maitra : He is substantially correct
Mr. Naziruddin Ahmad : The Rau Committee reported to Government and the Governor General referred the matter to the Federal Court. I was wrong only in a minute technical detail. I repeat: The Rau Committee referred the matter to the Federal Court through the appropriate channel—the Governor General. Is that wrong ? I was absolutely right and never wholly wrong. (Interruption).
Mr. Speaker : The honourable Member may proceed.
Mr. Naziruddin Ahmad : The point was thus referred by the Rau Committee to the Federal Court and they gave the ruling that the Legislature acted ultra vires so far as agricultural land was concerned. That was a capital blunder which was revealed at the time. As soon as the ruling of the Federal Court was known I come upon the scene My connection with the Hindu Code is not casual or recent. I am in a position to show to the House that I took legal steps in connection with this legislation as far back as 1941. I was then a Member of the Bengal Legislature and I submitted a Bill even before the first report of the Rau Committee was out. As soon as the judgment of