53. Constitution (Fourth amendment) Bill, 1954 - Page 974

PARLIAMENTARY DEBATES 955

of the court. Here, in our country, we have cultivated a different mentality. Our mentality is that if the Judges of the Supreme Court do not give a judgement which is to our liking, then we can throw it out. That is what it is. I am rather glad with regard to the behaviour of our Supreme Court. In the short time that it has been in existence, I see some different phases of the Supreme Court. Being a sick person I have not been attending the Supreme Court for the last two or three years, but I am in contact with what is happening. I remember that in the very first flush of its power, the Supreme Court declared or had the courage to declare that a certain section of the Indian Penal Code was ultra vires. Our Government at once reacted and brought in an amendment to declare that the interpretation of the Supreme Court was wrong.

( Interruptions. )

Mr. Chairman: Let us avoid comments upon the Supreme Court.

Dr. B. R. Ambedkar: I hope that notwithstanding the constant amendments which the Government seems to be prone to bringing forth, the Supreme Court will continue to have its independent judgement, notwithstanding what the Government may have to say. I do not find that the Supreme Court has given any judgement which, any independent man can say, is not in consonance with the terms of the Constitution.

Now Sir, I will proceed to deal with the different clauses in the Bill. The first clause is clause 2. This clause 2 of the Bill divides clause (2) of the original Article 31 into two parts, clause (2) and clause (2A). With regard to clause (2) one has nothing to say, because it is merely a reproduction, probably with a certain economy of words, of the terms, contained in the original colause (2). I have therefore nothing to say about it. But clause (2A) is a new thing and it must be examined carefully. In the first place, I cannot understand the meaning of this clause. It has not been explained by the Prime Minister, nor do I find any explanations from my hon. friend the Minister for Home Affairs. What exactly is it intended to convey ? It is a sort of mysterious clause; it has been shrouded in mystery. Now, let me analyse this clause (2A). What does