298 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
to Mr. Vallabhbhai Patel had been written in these terms: “We have a right to constitute the committee in a way like. But you should recommend to us names of seven persons to be appointed on the committee and we shall appoint them.” It is true that in the Thakore’s case there is an agreement between him and Vallabhbhai while there was no such agreement between the legatee and her relations in Johnson vs. Rowlands. We are not however considering the question whether the agreement is binding on and enforceable against the Thakore Saheb which is made by him in his capacity as the Crown. That is a different question and raises important issues.
The Absent Phrase
The issue with which we are concerned is what is meant by the word ‘recommend’ and on this issue the case of Johnson vs. Rowlands seems to be on all fours with the case of Thakore Saheb vs. Vallabhbhai Patel. The absence of the words “we have a right to constitute the Committee in any way we like” in the letter of the Thakore Saheb to Vallabhbhai cannot, I submit, make any difference. Such words must be deemed to be present in every document executed by him as the Sovereign Ruler of Rajkot. Whether they are actually there or not the positive power of constituting the Committee at his pleasure in an inseparable incident of his position and run with him as part of the prerogative of the Crown. Nor does the fact that the Thakore Saheb in his letter did not reserve to himself the power to reject the recommendation of Mr. Vallabhabhai affect the situation.
The question is not whether the Thakore Saheb has reserved for himself the power to reject. The question is whether there is anything in the word ‘recommend’ which can be said to take away the Thakore’s inherent powers of rejection which are always with him and which it was not necessary for him to save by any express stipulation. If this is so, the word ‘recommend’ cannot be given an interpretation different from the one given to it in these two cases.