118 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Are we going to empower the executive, judiciary or the Central Government ? The power should not be distributed between all the three. Sub-clause (3) of clause 3 says:
“For the purpose of facilitating the application in the said States of any such Act or Ordinance as aforesaid, any court or other authority may construe the Act or Ordinance with such alteration not affecting the substance as may be necessary or proper to adapt it to the matter before the court or other authority.”
It shows that we have not made up our mind as to who is to have these powers. I can understand the Central Government being empowered during the interim period. Who is the authority .....................
Dr. Ambedkar : Any authority. It is an adaptation: it is not adoption. We have passed so many adaptation laws in this House.
Shri Hossain Imam : This adaptation is done by the Central authority or the Legislature. Here the adaptation is left free to an unspecified number of people. The authority is nowhere defined in this legislation—whether it means the Chief Commissioner or the Chief Secretary ........
Dr. Ambedkar : Whoever will have to administer the law will have to adapt it.
Shri Hossain Imam : We are doing something to which we have not given proper consideration. The Bill has been introduced late in the session. It would be far better if the Government withdew the Bill now and have some kind of Ordinance after the session has ended, if they want to have something of this kind. Otherwise a well considered law should be brought forward in which every kind of power should be given. It would be better to have an Ordinance rather than a Bill of this nature, where there are loose ends. I would, therefore, request the Hon. Minister to reconsider the matter.
Dr. Ambedkar : In view of the fact that my hon. Friend is prepared to permit Government to enact this
5-00 p.m. measure in the form of an Ordinance, obviously, it means that he cannot have much objection to the merits of the thing. Otherwise, I do not see what objection he has for enacting this measure.