ARTICLE 22 A (New Article)
Prof. K.T. Shah: Sir, I beg to move:
“That after Article 22, the following new article be inserted: — “22-A. All privileges, immunities or exemptions of heads of religious organisations shall be abolished.”
The Honourable Dr. B.R. Ambedkar: Mr. Vice-President, Sir, the amendment probably is quite laudable in its object, but I do not know whether the amendment is necessary at all. In the first place all these titles and so on which religious dignitaries have cannot be hereafter conferred by the State because we have already included in the fundamental rights that no title shall be conferred and obviously no such title can be conferred by the State, Secondly, as my Honourable Friend is aware perhaps, no suit can lie merely for the enforcement of a certain title which a man chooses to give himself. If a certain man calls himself a Sankaracharya and another person refuses to call him a Sankaracharya no right of suit can lie. It has been made completely clear in Section 9 of the Civil Procedure Code that no suite can lie merely for the enforcement of what you might call dignity. Of course, if dignity carries with it some emoluments or property of some sort, that is a different matter, but mere dignity cannot be a ground of action it all.
With regard to the amenities which perhaps some of them enjoy, it is certainly within the power of the executive and the legislature to withdraw them. It is quite true, as my Honourable Friend Mr. Chaudhari said, that in some cases summonses are sent by the magistrate. In other cases when the man concerned occupies a bigger position in life, instead of sending summons, he sends a letter. Some people, when appearing in courts, are made to stand while some other people are offered a chair. All these are matters of dignity which are entirely within the purview of the legislature and the government. If there was any anomaly or discrepancy or disparity shown between a citizen and a citizen, it is certainly open both to the legislature and the executive to remove those anomalies. I therefore think that the amendment is quite unnecessary.
(The motion of Prof. Shah was negatived).
ARTICLE 23 (Contd.)
Mr. Vice-President (Dr. H.C. Mookherjee): We shall now resume discussion of article 23 to which two amendments have been moved. Amendment No.677 relates to national language and script and is therefore postponed. Amendments Nos. 678, 679, 680 and 681 (1st part) are to be considered together as they are of similar import. I can allow No. 678 to be moved.
The Honourable Dr. B.R. Ambedkar (Bombay: General): Sir, I move –
“That in clause (1) of article-23, for the words “script and culture” the words “script or culture” be substituted.”
The only change is from “and” to “or” and the necessity of the change is so obvious that I do not think it is necessary for me to say anything regarding the same.
Mr. Vice-President: Amendment No. 679.
Shri H.V. Kamath (C.P. & Berar: General): I have been forestalled by Dr. Ambedkar. So, I do not move No. 679.
Mr. Vice-President: Do you wish to press No. 680?
Mohamed Ismail Sahib (Madras: Muslim): Yes.
Mr. Vice-President: Do you wish that 681 first part should be put to vote?
Prof. K.T. Shah (Bihar: General): First part is covered by Dr. Ambedkar’s amendment. But I would like to move to the second part.
Shri Jaipal Singh (Bihar:General): Mr. Vice-President, Sir, I have great pleasure in welcoming this article, more so as it has been suitably amended by Dr. Ambedkar, and I hope his amendment will be accepted by the House. Sir, to me this article seems to open a new era of India …
Mr. Vice-President: Dr. Ambedkar
Prof. Shibban Lal Saksena (United Provinces: General): sir, I have to say something, and …
Mr. Vice-President: I cannot allow the discussion to be prolonged any longer, and my decision is final in this matter.
Prof. Shibban Lal Saksena: To allow some people and not to allow others is not proper.
Mr. Vice-President: I know it is considered improper. Dr. Ambedkar.
(To be continued)
Dr.Babasaheb Ambedkar Writings & Speeches; Vol. 13, (pages 427 – 429) 1994, Rs. 190. Govt. of Maharashtra, Bombay. The book may be had from Director, Government Printing, Stationery and Publications, Netaji Subhash Road, Bombay – 400 004
