Discussion on Article 25 | & Article 24
(Article 23, as amended was adopted and added to the Constitution).
ARTICLE 24
Shri T.T. Krishnamachari (Madras: General) : It is the desire of many Honourable Members of this House that this article should not be taken up now, but taken up later, because we are really considering various amendments to it so as to arrive at a compromise and Dr. Ambedkar will bear me out in regard to this fact.
The Honourable Dr. B.R. Ambedkar (Bombay: General): Yes, Sir, I request that article No.24 be kept back.
Mr. Vice-President: Is that the wish of the House? Honourable Members: Yes.
Mr. Z.H. Lari (United Province: Muslim): Then what about article 15, Sir?
Mr. Vice-President: The consideration of that article has been postponed for the time being.
ARTICLE -25
The Honourable Dr. B.R. Ambedkar: Sir, I do not think that because this article is subject to the provisions of the other articles to which my Honourable Friend, Mr. Karimuddin has referred, it is not possible for us to consider this article now, because, as will be seen, supposing we do make certain changes in article 285 or others relating to that matter, we could easily make consequential changes in article 25. Therefore, it will not be a bar. Therefore, it is perfectly possible for us to consider article 25 at this stage without any prejudice to any consequential change being introduced therein. Supposing some changes were made in the articles that follow…
Kazi Syed Karimuddin: Then why not postpone this?
The Honourable Dr. B.R. Ambedkar: No.
Mr. Vice-President: I am going to put this amendment to vote, because if it is carried, then the consideration of all the amendments will be postponed.
Mr. Vice-President: The question is:
“That the consideration of this clause be postponed till the consideration of Part-XI of this Draft Constitution.”
The motion was negative.
Mr. Naziruddin Ahmad: Perhaps there is some misprint; I do not know. If there is no misprint it is certainly open to the comment that it is vague.
The only point that I had in mind was that the right to move the Supreme Court by appropriate proceedings is guaranteed. I wanted to allow people to move to other courts also. If there is a fundamental right granted here, and if any poor man is forced to move the Supreme Court…
The Honourable Dr. B.R. Ambedkar: See sub-clause (3).
Mr. Naziruddin Ahmad: That sub-clause empowers some other specified Courts to deal with this subject; but I wanted to make it more general, that the fundamental rights should be capable of being enforced by a motion in any Court…
Shri H.V. Kamath:…. I hope that Dr. Ambedkar will tell us why he thinks it necessary to specify the writs here and not just leave it to the Supreme Court to decide what writs or orders or directions it should issue in any case. I hope he will not merely send our prestige, or some such consideration will give satisfactory and valid reasons why we should insist on mentioning these writs in this clause of the article.
The Honourable B.R. Ambedkar: Sir, I understand that Mr. M.A. Baig is not in the House. Will you permit me to move to 789. I am going to accept this amendment. It shall have to be moved formally.
Mr. Naziruddin Ahmad: I desire to move it if that is acceptable to the House.
Mr. Vice-President: Does the House permit Mr. Naziruddin Ahmad to move this?
Honourable Members: Yes.
Mr. Naziruddin Ahmad: Sir, I move:
“That in clause (2) of article 25, for the words “in the nature of the writs of” the words “or writs, including writs in the nature of” be substituted.”
Sir, this is a red-letter day in my life in this House, and this is a single amendment which is going to be accepted. This amendment is a foster-child of mine and that is why perhaps the Honourable Member is going to accept it. It requires no explanation.
(To be continued)
Dr.Babasaheb Ambedkar Writings & Speeches, Vol. 13, (pages 433 – 435) 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.
