Front matter

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Babasaheb Dr. B.R. Ambedkar (14th April 1891 - 6th December 1956)

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DR. BABASAHEB AMBEDKAR WRITINGS AND SPEECHES Volume No. : 12 Edited

by Vasant Moon Dr. Ambedkar Foundation Ministry of Social Justice & Empowerment Govt. of India

Volume No. : 12 First Edition: Education Department, Govt. of Maharashtra: 14 April, 1979 First Re-Printed by Dr. Ambedkar Foundation: Jan, 2014 Second Re- Printed by Dr. Ambedkar Foundation: August, 2019 Third Re-Printed by Dr. Ambedkar Foundation: August, 2020 ISBN: 978-93-5109-183-7 Cover Design: Dr. Debendra Prasad Majhi, Ph.D.

Monogram used on the Cover page is taken from Babasaheb Dr. Ambedkar’s Letterhead.

© Courtesy: Secretary, Education Department, Government of Maharashtra. ISBN (Set): 978-93-5109-171-4 Discounted Price: One Set of 1 to 17 Volumes (20 Books): Rs. 2250/- Discount Policy Annexed.

Publisher:

Dr. Ambedkar Foundation Ministry of Social Justice & Empowerment, Govt. of India 15, Janpath, New Delhi – 110 001 Phone: 011-23320571 Public Relation Officer : 011-23320588 Email: cwbadaf17@gmail.com Website: http://drambedkarwritings.gov.in The Education Department, Government of Maharashtra, Bombay-400032. For Dr. Babasaheb Ambedkar Source Material Publication Committee Printer:

M/s Aravali Printers & Publishers Pvt. Ltd., W-30, Okhala Phase – 2, New Delhi – 110020

Collected Works of Babasaheb Dr. Ambedkar (CWBA) Counselling and Collaboration Dr. Thaawarchand Gehlot Minister for Social Justice & Empowerment, Govt. of India and Chairperson, Dr. Ambedkar Foundation Shri Ramdas Athawale Minister of State for Social Justice & Empowerment, Govt. of India Shri Krishan Pal Gurjar Minister of State for Social Justice & Empowerment, Govt. of India Shri Rattan Lal Kataria Minister of State for Social Justice & Empowerment, Govt. of India Shri R. Subrahmanyam Secretary, Ministry of Social Justice & Empowerment, Govt. of India Ms. Upma Srivastava Addl. Secretary and Member Secretary, Dr. Ambedkar Foundation, Govt. of India Dr. Debendra Prasad Majhi, Ph.D.

Director, Dr. Ambedkar Foundation, Govt. of India Dr. Brijesh Kumar Co-ordinator (CWBA), Dr. Ambedkar Foundation

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The Complete Sets of Collected Works of Babasaheb Dr. Ambedkar, popularly known as CWBA / lEiw.kZ ok³~e;] in Hindi and English, being released by Dr. Thaawarchand Gehlot, Hon’ble Minister of Social Justice & Empowerment, Government of India and Chairman, Dr. Ambedkar Foundation at New Delhi. Dr. Debendra Prasad Majhi, Director of the Foundation and Sh. Surendra Singh, Member Secretary were also present on the occasion. The V olumes in Hindi (V ol. 22 to V ol. 40) have been published for the first time in 2019. CWBA VOLUMES RELEASE

PREFACE

Babasaheb Dr. B.R. Ambedkar was an erudite personality, a symbol of knowledge and a great son of India. He was a public intellectual, social revolutionary and a prolific communicator. He has left behind thought provoking writings and speeches bearing interdisciplinary perspectives, with insightful analysis of sociopolitical situations which evoke intellectual reasons and emotions. His writings are having profound sense of justice manifested in emancipation of marginalized masses. He not only dedicated his life for ameliorating the conditions of deprived sections of the society, but his views on inclusiveness and “Samajik Samrasta” continue inspiring national endeavor. It is expected that these V olumes may provide contemporary relevance of his thought and open up the possibilities of rethinking Dr. Ambedkar in the present day context.

The mandate of Dr. Ambedkar Foundation, inter-alia, include implementation of programmes and furthering the ideology and message of Babasaheb Dr. Ambedkar among the masses in India as well as abroad. It is a matter of great happiness that consequent upon a decision by the Governing Body of the Foundation Chaired by Hon’ble Minister of Social Justice and Empowerment, the Foundation is getting the third edition of Collected Works of Babasaheb Ambedkar (CWBA) V olumes, reprinted on popular demand of the readers. It is informed for the benefit of all concerned that the Foundation always endeavors to make the V olumes available to the readers at an affordable price, and accordingly, it has also been decided to continue with the discount policy as per the past practices on Sale of V olumes. The discount policy of the Foundation has been annexed with each V olume. It is hoped that the V olumes will continue to be source of inspirations for the readers.

15, Janpath, (Dr. Debendra Prasad Majhi)

New Delhi

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These views are the views of a man, who has been no tool of power, no flatterer of greatness. They come from one, almost the whole of whose public exertion has been one continuous struggle for liberty for the poor and for the oppressed and whose only reward has been a continuous shower of calumny and abuse from national journals and national leaders, for no other reason except that I refuse to join with them in performing the miracle—I will not say trick—of liberating the oppressed with the gold of the tyrant and raising the poor with the cash of the rich.

—Dr. Ambedkar in ‘Annihilation of Caste’.

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TABLE OF CONTENTS

SR.

NO.

SUBJECT PAGE

Foreword ... ... ... (vii)

Preface ... ... ... (ix)

Note on Editing ... ... ... (xi)

PART I

Chapter 1. Ancient Indian Commerce ... ... 1 Chapter 2. Commercial Relations of India in the Middle Ages Or The Rise of Islam and the Expansion of Western Europe ... ... ... 31 Chapter 3. India on the Eve of the Crown Government... 53 PART II Chapter 1. The Untouchables and the Pax Britannica ... 75 PART III Chapter 1. Lectures on the English Constitution Preface ... ... ... 155 (i) Principles underlying the English Constitution ... ... ... 157 (ii) What is Parliament ? ... ... 165 (iii) The Crown ... ... ... 171 (iv) The House of Lords ... ... 179 (v) The Powers and Privileges of the Lords and the Commons ... 185 Chapter 2. Paramountcy and the Claim of the Indian States to be Independent ... ... 197 PART IV Chapter 1. The Common Law ... ... 209 Chapter 2. The Dominion Status ... ... 259 Chapter 3. The Law of Specific Relief ... ... 275 Chapter 4. The Law of Trust ... ... 315 (xiv) DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES SR.

NO.

SUBJECT PAGE

Chapter 5. The Law of Limitation ... ... 371 Chapter 6. The Law of Criminal Procedure ... ... 399 Chapter 7. The Transfer of Property Act ... ... 477 Chapter 8. The Law of Evidence ... ... 531 PART V Chapter 1. Waiting for a Visa ... ... 661 PART VI Miscellaneous Notes ... ... ... 693 (1) The Constitution of British India ... ... 697 (2) Notes on Parliamentary Procedure ... ... 701 (3) Notes on History of India ... .... 709 (4) Manu and the Shudras ... ... 709 (5) Preservation of Social Order ... ... 727 (6) With the Hindus ... ... ... 731 (7) Frustration ... ... ... 733 (8) The problem of Political Suppression ... 737 (9) Which is worse ? Slavery or Untouchability? ... 741 zz CONTENTS MESSAGE v PREFACE vii

SR.

NO.

SUBJECT PAGE

Chapter 5. The Law of Limitation ... ... 371 Chapter 6. The Law of Criminal Procedure ... ... 399 Chapter 7. The Transfer of Property Act ... ... 477 Chapter 8. The Law of Evidence ... ... 531 PART V Chapter 1. Waiting for a Visa ... ... 661 PART VI Miscellaneous Notes ... ... ... 693 (1) The Constitution of British India ... ... 697 (2) Notes on Parliamentary Procedure ... ... 701 (3) Notes on History of India ... .... 709 (4) Manu and the Shudras ... ... 709 (5) Preservation of Social Order ... ... 727 (6) With the Hindus ... ... ... 731 (7) Frustration ... ... ... 733 (8) The problem of Political Suppression ... 737 (9) Which is worse ? Slavery or Untouchability? ... 741 zz DISCOUNT POLICY ON SALE OF VOLUMES

Facsimile of Dr. Ambedkar’s handwriting during his student-days in America in the year 1915-16 ; pages from ‘ Ancient Indian Commerce’.

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PART I

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