DR. AMBEDKAR AND THE HINDU CODE BILL 795
deal with them would be when the particular provision which he thinks contravenes the Constitution, comes up for consideration, not till then, because to say all the provisions are of that type, and therefore there should be no consideration of the Bill, would be going too far.
That is the short way in which I can dispose of all the objections which the hon. Member has urged. This does not mean that I agree with his view. But assuming that his view is correct, still the proper time would be when the relevant clause comes up for consideration. This House is perfectly competent to add to, or substract from the Bill as presented to the House, if the House comes to the conclusion that a particular provision is not proper or offends against the Constitution. But it cannot be decided by the Chair just at the very beginning.
I do not think I need go into the merits of the arguments as to how far there is really any discrimination or how far marriage is really a question of religion and so on and so forth.
I think we shall now proceed with the bill, clause by clause.
Clause 2 — (Application of Code)
Pandit M. B. Bhargava (Ajmer) : I have got an amendment standing in my name, proposing the insertion of a new clause 2, after clause 1.
Mr. Speaker : Yes, that is right. The hon. Member may move it now.
Shri Tyagi : Sir, before that, may I refer to a ruling you gave once, and to the ruling which you gave just now ? Once when I raised a point about a Bill being declared ultra vires, the ruling was that it was for the Courts to decide whether it was ultra vires and that it was not within the purview of the Chair. Sir, do you hold to that view now or will you use discretion in declaring certain clauses ultra vires or otherwise of the Constitution ?
Mr. Speaker : I do not think I have yet any grounds for changing my view. If however, grounds are shown. I may reconsider the matter.
Pandit Thakur Das Bhargava (Punjab) : Sir, ordinarily clause 1 is taken after all the clauses are finished. In regard to the Hindu Code I find from the amendments to clause 1 that some of them involve questions of a very substantive nature. They relate to applicability of the Code in certain States. Many amendments to clause 1 have been put on the order paper and may I request you kindly to consider whether it would be possible to take up clause 1 first ?