35. Parliament—Prevention of Disqualification Bill - Page 743

724 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

of profit, irrespective of the question whether it was held by a Member of Parliament or not. We were very careful—I must again repeat—in finding a true basis for our decision, because if we treated each case ad hoc, on its own, it might have been argued that we applied one criterion to one particular case and another criterion for another case. We did not want that sort of accusation to be levelled against Government and therefore we were very keen in finding out a general fundamental principle which would be applied to all the cases. It was on that basis that we came to this conclusion that there were certain cases which exceeded the principle, namely, that the allowances were beyond what might be called merely compensation for actual expenses incurred.

Pandit Kunzru: But there were other committees.

Dr. Ambedkar: I am just coming to them. Now, with regard to the question that has been raised namely Rehabilitation Finance Corporation, it is obvious that the Article speaks of offce “of profit under the Government of India or the Government of any State”. An office of profit under a Corporation may be an office of profit. It is certainly not an office of profit under Government, and, therefore, the person is not disqualified.

Shri Sidhva: It is under the Government of India.

Dr. Ambedkar: What I give is the judicial interpretation and I am sure my hon. friend Mr. Sidhva, who I do not think would claim that he is a great constitutional lawyer, would not contest that position.

Shri Sidhva: What about the Supreme Court decision ?

Dr. Ambedkar: The Supreme Court has nothing to do with it. I was going to say that many Members are under the impression that this a matter which can be taken to the Supreme Court. This matter cannot be taken to the Supreme Court. If the House will allow me to say so, it is out of deference to the House that we have brought this measure. The President has absolute power to say whether any particular office is an office of profit or not. But we thought that it was not right to let the President decide it. We thought