PARLIAMENTARY DEBATES 347
Some Hon. Members: No.
Dr. S. P. Mookerjee: If it is only for protection against defamation, why are you having it separately ?
Dr. Ambedkar: Sometimes it is better to separate a certain category.
Shri Kamath: Expediency.
Dr. S. P. Mookerjee: Which is the Constitution in the rest of the world where such a separate provision is made ? You contradicted me.
Dr. Ambedkar: The whole point is that the British Constitution is an unwritten Constitution and therefore nothing is necessary; Parliament is supreme.
Dr. S. P. Mookerjee: What about the American Constitution ?
Dr. Ambedkar: There are no Fundamental Rights in the United Kingdom. That is the difficulty.
Dr. S. P. Mookerjee: In any written constitution does a similar provision exist ?
Dr. Ambedkar: It does not, but in the United States of America according to the canons of interpretation adopted by the Supreme Court such a law is possible.
Dr. S. P. Mookerjee: That is a different matter.
Dr. Ambedkar: It is not different at all.
Now I come to clause 3, sub-clause (1)( b ). This clause seeks to amend clause (6) of article 19 which deals with trade, profession, etc.
Shri Deshbandhu Gupta (Delhi) : Before the Hon. Minister goes to clause 3(1)( b ) , may I ask him one question ? The words are “defamation or incitement to an offence” and all laws existing today will become…….
Dr. Ambedkar: I have not come to that.
Shri Deshbandhu Gupta: I want you to answer that.