27. Code of Civil Procedure (Amendment) Bill - Page 293

276 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

in the amending Bill may be allowed to stand. Or if that is not to stand, then, in some places, the word “Head” has to be used and in other, the ;erm “Head of a Foreign State” has to be used, because the draftsmen have some-how rearranged the clauses in such a manner that there is no escape from this position.

Dr. Ambedkar : I am really at a loss to understand why my hon. friends are unhappy over the phraseology that has been used in this Bill My hon. friend Mr. Raj Bahadur says that it is better to distinguish foreign Rulers from Indian Rulers by giving them a different name. Supposing that was true, would it not be necessary again to define “Head of a Sate”.

Shri Raj Bahadur : No, no ………

Dr. Ambedkar : In the United States of America, there is the President; in Great Britain, there is the King; in Switzerland, there is some other machinery to represent the State. If the facts are various, you will have to have a definition of “Head of State”.

Another hon. Member says that he has examined the provisions of the Civil Procedure Code to which I made reference in the morning. He thinks that the words that we have used in this amending Bill do not occur there. I hope he has got a copy of the Civil Procedure Code in front of him.

Dr. R. U. Singh : I have got it here.

Dr. Ambedkar : Please look up the heading of section 83.

Dr. R. U. Singh : That I stated earlier.

Dr. Ambedkar : The heading is, “Suits by Aliens and by or against Foreign Rulers and Rulers of Indian States.” I would like to draw his attention also to the fact that this amendment was made in 1937 by the adaptation of Indian Laws Order. I cannot say that I am quite up-to-date in the matter of International Law and the phraseology that they use. But, I am quite content in saying that any one who made this Adaptation—and he will permit me to say that the adaptation was made by the India Office—must have been advised by some Parliamentary Lawyer, who could not have gone very much wrong in using the phraseology ‘Foreign Rulers’