1238 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
have to prevail except in so far as a specific reservation is made. What is his objection ?
Pandit Thakur Das Bhargava : This is an amendment to the old clause 4. There is no question of inconsistency etc. there.
Mr. Deputy Speaker : Only in cases where it is inconsistent, the Law must override. If it is not, it may continue.
Pandit Thakur Das Bhargava : This is an amendment to the original clause 4. It is quite different from the new clause 4. If you adopt the amendment moved by Dr. Ambedkar, then, it may be unnecessary.
Dr. Ambedkar : That is my amendment.
Pandit Thakur Das Bhargava : I am in agreement with your amendment; but I have given a different amendment.
Dr. Ambedkar : What is before the House is my amendment.
Pandit Thakur Das Bhargava : The original clause 4 does not consider the question of inconsistency at all.
Mr. Deputy Speaker : I am not able to follow the need for this amendment.
Shri Santhanam : He wants to restore the original wording that the custom should be invalid to the extent of inconsistency.
Dr. Ambedkar : We have never used the word ‘inconsistent’ even in the original clause. The original clause was :
“Save as otherwise expressly provided in this Code, any text, rule, or interpretation of Hindu Law, or any custom or usage or any other law in force immediately prior to the commencement of this Code shall cease to have effect as respects any of the matters dealt with in this Code.”
It was an absolute thing with regard to law and custom.
Pandit Thakur Das Bhargava : In clause 4 as it stood in the original Bill, there is no reference to inconsistency. It is absolute. My amendment seeks to amend the clause in two ways : in the first place these words are not there : ‘save as expressly provided etc.’. Secondly, the question of inconsistency is absent in the original clause. Then all customs and texts of Hindu Law shall prevail but to the extent of inconsistency only they would not have effect. Otherwise whatever is provided in this Act will have effect. With your permission. Sir, I move amendment No. 420, with this correction. I beg to move :