DR. AMBEDKAR AND THE HINDU CODE BILL 733
competent to deal with a subject of this character, whether the House has been elected on a clear issue to determine the contents of this Bill, or whether there is sufficient urgency in this matter to allow this House to deal with this proposition. I for one do not think that there can or should be a question about the competence of this body to deal with subjects of this character. The Hon. Member, who spoke just before me, has given a number of illustrations in which structural changes including the Constitution had been proposed by legislative measures in this House and carried. Even more important reforms had been made by the legislature preceding this which was not of the same sovereign character that this Legislature is, and therefore the question as to the competence of this House to deal with matters of this character seems to me to be irrelevant, unbecoming and if I may say so, not quite respectful towards this Assembly, for while it is quite true that this single issue was not placed before the electors, those of us who recollect the manner and method by which we have been elected to this House will realize that not on any issue
was this House elected except that of acquiring independence
4 P.M. and shaping a constitution for the country. If you press that
argument too far, I am afraid you will render many matters with which
this House has dealt with as either illegal or ultra vires. I would not
like therefore that any suggestion of this character can be or should be
advanced so as to throw any doubt whatsoever, on the competence, the
authority and correctness of this House in dealing with and disposing
of such matters.
Sir, in general elections also, it is not possible to have each issue
separately examined. As all those, who have an experience of popular
general elections, will realize general elections are always fought on a
multiplicity of issues. There is therefore not any clear indication of
a majority on any individual issue of such complexity as we are
dealing with now. Unless the Constitution provides a method like
referendum, unless we had a constitutional device like that suggested
by Mr. Gokulbhai Bhatt, we would find it extremely difficult if not
impossible, to get a clear verdict of the people on issues of this
character. There would really be no means of ascertaining popular
opinion. Even then there may be those who would say, given the state
of public education in this country, given the state or the condition
in which the press in the country is monopolized by a few individuals,
given also the lack of experience of the voter in matters of this character,