342 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
not be interpreted as though they were matters of strait-jacket as if nothing else is permissible.
Shri Kamath: You yourself made it.
Dr. Ambedkar: The point that I was trying to make to the House is that on account of the declaration by the Supreme Court that this Parliament has no capacity to make a law in certain heads, the question before the House is this : can we allow the situation to remain as it is, as created by the judgments, or we must endow Parliament with the authority to make a law ?
At this stage I do want to make a distinction and I do so for the special reason that Dr. Mookerjee came and said that we were taking away the freedom which people enjoyed. I think it is necessary to make a distinction between the capacity to make a law and the enactment of a particular law. All these matters as to whether a particular law encroaches upon the freedom of the people is a matter which can be discussed when the law is being made. Today we are not dealing with a law ; we are only dealing with the capacity of Parliament to make a law.
[ S HRIMATI D URGABAI in the chair ]
Dr. S. P. Mookerjee : May I ask one question with regard to this point that you are only asking Parliament to endow you with power to make a law ? But according to the changes which have been proposed, all the laws which were invalidated will become valid retrospectively.
Dr. Ambedkar: I know that is a point on which my friend Pandit Bhargava laid great stress and it would be very wrong on my part to leave it unexplained.
Dr. S. P. Mookerjee : And the much-hated emergency laws will become good laws.
Dr. Ambedkar: It is not quite so.
Shri Kamath: Almost;
Dr. Ambedkar: So far I have dealt with two heads, namely, public order and the incitement to an offence. There