92 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
the Constituent Assembly. In the first three the language was the same as in Article 198. I have ascertained these facts from the records of the Constituent Assembly. In these circumstances various questions arise. Why was the language of Article 198 not changed when the language of Article 197 was changed ? What was the reason for changing the language of article 197 (2) (b) ? Was the language changed because the original intenion underlying Article 197 (2) (b) was changed ? Or was it because the intention was the same but it was fell that the new language expressed the same old and original intention better ? Is it difficult to give any definite answer to these questions? As far as my recollection goes we changed the language of Article 197 not because we changed our original intention but because it was felt that the changed language expressed our original intention better. In any case the argument based on difference in language is not at all decisive.
I realize that for a pedant this may not dispose of the argument based on difference of language. For it is possible to turn back and say if your intention in Article 198 was the same as in 197 (2) (b) why did you not follow suit and change its language when you changed the language of Article 197 (2) (b) and bring it in line ? To this argument my reply is very simple. It is wrong to argue that in every case difference of language means difference of intentions. For it is a well accepted proposition that the intention may be the same though it is experssed in different words. In this connection I would like to quote the following extract from Craie’s on Statute Law :
“But although, as has been said, this presumption is generally to be made, and “it is certainly to be wished”, as the Judicial Committee said in Casement v. Fulton (i), “that, in framing statutes, the same words should always be employed in the same sense”; still, there are many instances to be found of the Legislature departing from language previously used for the purpose of conveying a