1136 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
considerations come into play. Technically it is called Atma tushti, and according to the principle of Atma tushti each one has to decide— not for the pleasure of it; Atma tushti does not mean pleasure, it does not mean one’s whim of taking one thing today and taking another thing tomorrow, taking rice today and taking chapati tomorrow. But atma tushti has a fundamental religious place. According to Atma tushti the Dharma has to be selected, and once it is selected it remains permanently there, for all time. But that is so only when both the things are mentioned in the Shruti. The vikalp comes only when both the things are thus mentioned in the Shruti. For instance you find :
अतिरात्रे षोड़शिनं गृÊाति । नातिरात्रे षोड़शिनं गृÊति ।
(Late at night takes one of sixteen, takes not late at night.)
Two directly conflicting things in the Shruti. But both being there, the vikalp is possible. If the Smritis say two different things, then if we found that there is mention of the two things in the Shrutis, the vikalp would be possible, and the claim which has been made by my Hon. Friend the Law Minister and others that these provisions are based upon what the Shrutis say, would become correct. But the available Shrutis are silent on the point. There is no direction about the matter. The question then arises, how then do the Smritis contain different rules if they have derived them from the Shruti sources ?
Mr. Deputy Speaker : I understand the Bill to go according to the Shrutis if possible and without the Smritis if necessary. That is what, I think, the Law Minister has in view. Therefore, notwithstanding the doubt as to whether it is three and five according to strict rules of interpretation—and they have to be made consistent; I do not think he disputes the proposition that everywhere they are trying to make it consistent so as to avoid any inconsistency—he chooses the latter view. Even if it is not borne out by the strict rules of interpretation he says that it is the correct one and should be adopted, subject of course to the approval of the House. I think that is the view of the Law Minister.
Dr. Ambedkar : Yes.
Mr. Deputy Speaker : Therefore, there is no good labouring the point as to what the interpretation is.
Pandit Malaviya : As I said, I am not doing this necessarily to go into the interpretation of this thing. I am taking this as an example to show the approach to the matter. What I wish to say is that according to the Mimamsa Shastra the two texts, one saying that it should be