884 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Babu Ramnarayan Singh : You are doing it.
Dr. Ambedkar : I am not doing it at all, as I will show you. Therefore, it seems to me that it is a suggestion which really lacks even commonsense and I do not therefore propose to deal with it.
Now in regard to the other question that the Code should be made voluntarily applicable. I think this is a very dangerous suggestion. What does this suggestion mean ? It means that this Parliament is only a body to recommend a certain thing. All that the Parliament can do, if we accept the suggestion is to say to the people outside. “ This is a law we have passed. We think it is good. Gentlemen, it is for you to say whether you will accept it or not.” If that is the position that we are going to adopt and if we accept this principle now, we shall be setting a precedent and there will be no end to such recommendations that may be made by Parliament, namely that much of its legislation should be left to be passed by people outside on a referendum. I do want to say that this Parliment is a Sovereign Parliament. Beyond seeking the mandate of the people it has no obligation to the people to obtain their consent. It can decide what it likes. It is supreme : It has authority to make a law, to unmake a law. If every time this Parliament is to be subjected to the vote of the ignorant people outside who do not know the A.B.C. of the technicalities of the law, this Parliament will have to be suspended : it would be much better not to have a Parliament at all.
Secondly, I have not seen any single example in the history of the Legislative Assembly of this country of such a course being recommended to Parliament. This is not the first time that Parliament is passing a law dealing with Hindu Law. I have made a modest computation of the laws passed by the Indian Legislature ever since legislative power began to be exercised, practically from 1833. Altogether 29 laws have been passed, some of them of a very drastic character making fundamental changes, but there never was any plea in this House that any of those laws should be left to be passed and sanctioned by public opinion or public referendum. ( An hon. Member : They were not elected legislatures). It is worse still. Even when the legislatures were not elected legislatures, they exercised the lawmaking power and imposed it upon the people. Now when the legislature is far more representative than it ever was a plea is made that this Parliament cannot make a law for the people.
An Hon. Member : Nobody has said that.