310 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
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*CODE OF CIVIL PROCEDURE (AMENDMENT) BILL
The Minister of Law (Dr. Ambedkar): I beg to move for leave to introduce a Bill further to amend the Code of Civil Procedure, 1908.
Mr. Speaker: The question is:
“ That leave be granted to introduce a Bill further to amend the Code of Civil Procedure, 1908.”
The motion was adopted.
Dr. Ambedkar: I introduce the Bill.
**CODES OF CIVIL AND CRIMINAL PROCEDURE (AMENDMENT) BILL
*** The Minister of Law (Dr. Ambedkar): I beg to move:
“ That the Bill further to amend the Code of Civil Procedure,
1903, and the Code of Criminal Procedure, 1898, be taken into consideration.”
This Bill seeks to make a change in the jurisdiction of the subordinate judiciary. As the House knows the Constitution gives courts in India the right to declare whether any particular law made by the legislature, Central or provincial, is intra or ultra vires of that legislature. This power is now being exercised by all the subordinate judges and members of Parliament must have been aware that some very curious decisions have been given by various subordinate courts holding certain laws to be ultra vires. It is felt that it would not be right to leave this power of declaring whether the laws made by the State are intra or ultra vires to the subordinate judiciary.
First of all, without meaning any offence to members who are holding it, the subordinate judiciary cannot be said to be
- P. D., Vol. 7, Part II, 18th December 1950, pp. 1834-35.
** P. D., Vol. 10, Part II, 20th April 1951, pp. 7153-76.
***Ibid., pp. 7153-54.