Life story · Chapter 10 of 13

1947–1956

Law Minister and Opposition Voice

The Hindu Code Bill, a resignation, two lost elections and new plans

A well-known portrait of Ambedkar, probably from the late 1940s or 1950s, when he was Law Minister. The exact date and photographer are unknown.
A well-known portrait of Ambedkar, probably from the late 1940s or 1950s, when he was Law Minister. The exact date and photographer are unknown. — Photo: Unknown author · Public domain (PD-India, PD-India-URAA) · Wikimedia Commons

When India became independent in August 1947, Dr. Ambedkar, long a critic of the Congress, joined its government as Law Minister. Within weeks he also became chairman of the committee drafting the Constitution, a story told in the Constitution chapter. This chapter follows his other battles: a law to give Hindu women equal rights, his resignation, two election defeats, and his last plans for India’s democracy.

India’s first Law Minister

In August 1947 he accepted Prime Minister Jawaharlal Nehru’s invitation to become Minister of Law in the first cabinet 1 2. In a letter of 30 July 1947, Nehru wrote that Ambedkar had agreed to join but felt that Law alone would not give him enough work 3.

He later said the offer “came as a great surprise”, since he had been “in the opposite camp”. He accepted because he should not refuse help in building the nation. He asked for an administrative department as well and was promised Planning, but it never came to him 4. Besides the Constitution, he steered election laws and the drawing of constituency boundaries 5.

Ambedkar (seventh from right) among other dignitaries at India's first Republic Day parade on 26 January 1950.
Ambedkar (seventh from right) among other dignitaries at India's first Republic Day parade on 26 January 1950.Photo: Unknown author · Public domain (PD-India) · Wikimedia Commons

What the Hindu Code Bill proposed

Hindu family law was then scattered across centuries-old texts and countless court judgments. Two main schools, Mitakshara and Dayabhaga, treated family property differently 6. Government-appointed committees led by B. N. Rau worked on reforms from 1941, and in 1944 a Hindu Law Committee was asked to draft a full code 7 8. The Bill was introduced on 11 April 1947 9.

On 9 April 1948 Dr. Ambedkar explained what was new 10:

  • Property. A widow, a daughter and a son’s widow would inherit alongside the son. A daughter would get a share in her father’s property, half of a son’s share. A woman who inherited property would own it fully, instead of only using it for life. Dowry would be held in trust for the bride.
  • Marriage. Caste and sub-caste would no longer decide whether a marriage was valid. A man could have only one wife. Civil (registered) marriage would sit alongside religious marriage.
  • Divorce. For the first time, Hindu marriages could be dissolved, on seven grounds including desertion and cruelty.
  • Adoption. A husband would need his wife’s consent to adopt, and adoptions could be registered.

Why it was blocked

The Bill moved very slowly. It went to a Select Committee on 9 April 1948. The House agreed to take it up on 19 December 1949, gave it no time in 1950, and began voting on it clause by clause only in February 1951 9.

Opposition was strong outside Parliament. An All-India Anti-Hindu Code Bill Committee formed in March 1949, and Swami Karpatri led meetings across the country. At protests organised in Delhi in December 1949, including by the RSS, effigies of Nehru and Ambedkar were burned 11. Inside the Congress, conservative members resisted. Rajendra Prasad, who became President in 1950, opposed the Bill. As President he reportedly called the push for it undemocratic and threatened to withhold his assent 12.

Nehru supported the Bill but allowed members a free vote. In September 1951 he first proposed passing only the marriage and divorce part, then dropped the Bill for that session. Dr. Ambedkar was told the reason was lack of time. He did not believe it, since other bills were given priority 9.

Ambedkar being sworn in as Minister of Law in August 1947, with V. N. Gadgil seated next to him and Sarvepalli Radhakrishnan on the far right, according to the Commons description.
Ambedkar being sworn in as Minister of Law in August 1947, with V. N. Gadgil seated next to him and Sarvepalli Radhakrishnan on the far right, according to the Commons description.Photo: Unknown author · Public domain (PD-India) · Wikimedia Commons

The resignation (1951)

He resigned on 27 September 1951. Nehru accepted the next day, and Dr. Ambedkar stayed until the session ended 13. On 10 October, after a disagreement with the Chair over when he could speak, he left the House and gave his statement to the press 14 15. It gave five reasons 4:

  1. He had been kept out of key cabinet committees and given no administrative department.
  2. The government had not even appointed the promised commission for the Backward Classes, and Scheduled Castes still faced “the same old tyranny”.
  3. He disagreed with foreign policy, which he linked to huge army spending. On Kashmir, he suggested partition or a vote in the Valley only.
  4. The Cabinet had become a body that simply recorded decisions taken by small committees.
  5. Finally, and decisively, the treatment of the Hindu Code Bill.

“The Hindu Code was the greatest social reform measure ever undertaken by the Legislature in this country.”

— Statement on his resignation, 10 October 1951 5

He added that leaving inequality “between class and class, between sex and sex” untouched while passing economic laws was “to build a palace on a dung heap” 16. He firmly denied that he left because of illness 5.

Most of his ideas later became law in separate Acts, including the Hindu Marriage Act, 1955 and the Hindu Succession Act, 1956 6. Two further Acts in 1956 covered guardianship, adoption and maintenance 17.

Two election defeats (1952 and 1954)

For India’s first general election, his Federation refused alliances with the Hindu Mahasabha, the RSS and the Communist Party, and joined hands with the Socialist Party 18. He stood for the seat reserved for Scheduled Castes in Bombay City North, a two-member constituency where each voter had two votes. Polling was on 3 January 1952 19.

The Congress candidate Narayan Sadoba Kajrolkar, once Dr. Ambedkar’s own assistant, won the reserved seat with 1,38,137 votes to his 1,23,576 20 21. Some 74,333 ballot papers were rejected, many because voters had put both votes in one box. With his Socialist ally Ashoka Mehta, he filed a petition blaming campaigns by the Communist leader S. A. Dange and another candidate, G. V. Deshmukh, who had urged voters to do this 22. The petition was argued before a tribunal in late 1952 23.

In 1954 he contested a Lok Sabha by-election in Bhandara (now in Maharashtra) and lost again to the Congress, by about 8,000 to 8,700 votes 21 24.

Ambedkar, Jawaharlal Nehru, Maulana Azad and other ministers at a lunch given by Vallabhbhai Patel in June 1948 to mark C. Rajagopalachari becoming the first Indian Governor-General.
Ambedkar, Jawaharlal Nehru, Maulana Azad and other ministers at a lunch given by Vallabhbhai Patel in June 1948 to mark C. Rajagopalachari becoming the first Indian Governor-General.Photo: Unknown author · Public domain (PD-India) · Wikimedia Commons

In the Rajya Sabha (1952–1956)

In 1952 he was elected to the Council of States, now the Rajya Sabha, as a member from Bombay. His recorded speeches there run from 19 May 1952 to 1 May 1956 25 26. He spoke on the new Andhra State, foreign policy, the Untouchability (Offences) Bill and the reorganisation of states 27.

In September 1953, arguing that majorities must not ignore minorities, he said he would be “the first person to burn” the Constitution 28. In March 1955 he explained: a temple had been built for a god, but if a devil took it over, what else could be done but destroy it? 29

Milind College, Aurangabad (1950)

In 1950 his People’s Education Society opened Milind College of Arts and Milind College of Science in Aurangabad 30. Aurangabad was then in the Marathwada region of Hyderabad State 31. A photograph shows President Rajendra Prasad laying the college’s foundation stone 32. In July and August 1953 he stayed in Aurangabad for most of the time, working on his colleges 33.

President Rajendra Prasad with members of the Union Cabinet at Government House, New Delhi, on 31 January 1950. Ambedkar is seated first from left.
President Rajendra Prasad with members of the Union Cabinet at Government House, New Delhi, on 31 January 1950. Ambedkar is seated first from left.Photo: Unknown author · Public domain (PD-India) · Wikimedia Commons

What makes democracy work? (1952)

On 22 December 1952 he spoke at the Poona District Law Library 34. He defined democracy as a way of bringing big economic and social change without bloodshed. He then listed what it needs 35:

  • No deep inequality. “There must not be an oppressed class.”
  • A real opposition that keeps the government on its toes.
  • Equal treatment in law and in day-to-day administration.
  • Constitutional morality, meaning everyone respects the unwritten rules of fair play.
  • No tyranny of the majority over minorities.
  • A moral order in society, and a public conscience that is stirred by every injustice, whoever the victim.

“democracy is not a plant which grows everywhere.”

— Poona lecture, 22 December 1952 36

Thoughts on Linguistic States (1955)

When the States Reorganisation Commission proposed redrawing India’s states by language, he replied with a short book. Its preface is dated 23 December 1955 at Milind College 37. His rule was “One State, one language”: each state should have one official language. But one language did not have to mean one state: “A people speaking one language may be cut up into many States” 38.

He warned against “consolidation of the North and balkanisation of the South” 39. So he proposed splitting Uttar Pradesh into three states, Bihar and Madhya Pradesh into two each 40, and Maharashtra into smaller states with Bombay as a separate city-state 41. Small states, he argued, protect minorities, helped by multi-member constituencies. He also suggested Hyderabad as India’s second capital 42.

Ambedkar, as Law Minister, at his office in 1950.
Ambedkar, as Law Minister, at his office in 1950.Photo: Unknown author · Public domain (PD-India) · Wikimedia Commons

Toward a Republican Party

In 1951 his Federation said it hoped India would one day have a two-party system 18. On 30 September 1956 the Federation’s executive, meeting at his Delhi home, decided to dissolve itself and form a new “Republican Party”. He drafted a blueprint for it 43. The historian Eleanor Zelliot described the idea as bringing the Untouchables into a larger group 44. He died on 6 December 1956, before it was launched. His followers formally founded the Republican Party of India on 3 October 1957 44.

Where sources disagree

  • Who introduced the Hindu Code Bill. The BAWS editors say Dr. Ambedkar introduced it on 11 April 1947 45. But he joined the government only in August 1947; in mid-1947 the Law Member was Jogendranath Mandal 46. His own statement says only that the Bill “was introduced”. The Columbia timeline says he “introduced” it in February 1951; that was in fact when clause-by-clause voting began 47.
  • 1950 debate. He said no time was given to the Bill in 1950 9; the BAWS editors say clause-by-clause discussion resumed on 14 December 1950 48.
  • Resignation date. His statement says 27 September 1951 13. One article says 25 September 12, and a BAWS editor’s note says 27 October 48.
  • Leader of the Opposition. The Columbia timeline says he became Leader of the Opposition after resigning 47. We found no official record of such a post for him.
  • 1952 margin. The petition’s figures give a gap of 14,561 votes 20. Articles say “about 15,000” 21 or 14,537 49, and some call the seat “Bombay North Central”.
  • 1954 Bhandara. Accounts give the margin as about 8,000, about 8,500 or 8,681 votes 49 21 50. One says he came third 24. The winning Congress candidate is listed as Bhaurao Borkar in one constituency list, but the same page’s results table names others. We could not check official results.
  • Milind College foundation stone. The Commons photo caption says 1 September 1950; we could not confirm this from an official record.
  • Maharashtra’s split. Thoughts on Linguistic States first speaks of four states, counting Bombay city, and then of “three Maharashtrian States” 41.

Read more

Sources

  1. Columbia University – Pritchett timeline franpritchett.com ↗ ↩
  2. Constitution of India – CADA constitutionofindia.net ↗ ↩
  3. Law and Other Things – Vikram Raghavan lawandotherthings.com ↗ ↩
  4. BAWS Vol. 14 Part II, pp. 1318–1319 Read this page on the site · Official PDF ↗ ↩
  5. BAWS Vol. 14 Part II, p. 1325 Read this page on the site · Official PDF ↗ ↩
  6. BAWS Vol. 14 Part I, editorial Read this page on the site · Official PDF ↗ ↩
  7. BAWS Vol. 14 Part I, pp. 37–38 Read this page on the site · Official PDF ↗ ↩
  8. BAWS Vol. 14 Part I, p. 249 Read this page on the site · Official PDF ↗ ↩
  9. BAWS Vol. 14 Part II, p. 1323 Read this page on the site · Official PDF ↗ ↩
  10. BAWS Vol. 14 Part I, pp. 4–12 Read this page on the site · Official PDF ↗ ↩
  11. SabrangIndia – L. S. Herdenia, drawing on Ramachandra Guha sabrangindia.in ↗ ↩
  12. SabrangIndia – Bhavuk sabrangindia.in ↗ ↩
  13. BAWS Vol. 14 Part II, p. 1317 Read this page on the site · Official PDF ↗ ↩
  14. BAWS Vol. 14 Part II, editor’s note Read this page on the site · Official PDF ↗ ↩
  15. BAWS Vol. 17 Part I, pp. 404–405 Read this page on the site · Official PDF ↗ ↩
  16. BAWS Vol. 14 Part II, p. 1326 Read this page on the site · Official PDF ↗ ↩
  17. Wikipedia (pointer) en.wikipedia.org ↗ ↩
  18. BAWS Vol. 17 Part I, pp. 402, 406 Read this page on the site · Official PDF ↗ ↩
  19. BAWS Vol. 17 Part I, pp. 408–411 Read this page on the site · Official PDF ↗ ↩
  20. BAWS Vol. 17 Part I, p. 412 Read this page on the site · Official PDF ↗ ↩
  21. The Mooknayak en.themooknayak.com ↗ ↩
  22. BAWS Vol. 17 Part I, pp. 413–419 Read this page on the site · Official PDF ↗ ↩
  23. BAWS Vol. 17 Part I, pp. 420–424 Read this page on the site · Official PDF ↗ ↩
  24. Newslaundry newslaundry.com ↗ ↩
  25. BAWS Vol. 15, p. 835 Read this page on the site · Official PDF ↗ ↩
  26. BAWS Vol. 15, p. 962 Read this page on the site · Official PDF ↗ ↩
  27. BAWS Vol. 15, contents Read this page on the site · Official PDF ↗ ↩
  28. BAWS Vol. 15, p. 862 Read this page on the site · Official PDF ↗ ↩
  29. BAWS Vol. 15, p. 949 Read this page on the site · Official PDF ↗ ↩
  30. BAWS Vol. 17 Part II, p. 544 Read this page on the site · Official PDF ↗ ↩
  31. BAWS Vol. 17 Part III, p. 498 Read this page on the site · Official PDF ↗ ↩
  32. Wikimedia Commons commons.wikimedia.org ↗ ↩
  33. BAWS Vol. 17 Part III, p. 497 Read this page on the site · Official PDF ↗ ↩
  34. BAWS Vol. 17 Part III, p. 472 Read this page on the site · Official PDF ↗ ↩
  35. BAWS Vol. 17 Part III, pp. 475–485 Read this page on the site · Official PDF ↗ ↩
  36. BAWS Vol. 17 Part III, p. 485 Read this page on the site · Official PDF ↗ ↩
  37. BAWS Vol. 1, p. 140 Read this page on the site · Official PDF ↗ ↩
  38. BAWS Vol. 1, p. 165 Read this page on the site · Official PDF ↗ ↩
  39. BAWS Vol. 1, p. 143 Read this page on the site · Official PDF ↗ ↩
  40. BAWS Vol. 1, pp. 151–152 Read this page on the site · Official PDF ↗ ↩
  41. BAWS Vol. 1, pp. 152–153 Read this page on the site · Official PDF ↗ ↩
  42. BAWS Vol. 1, pp. 165, 170–171 Read this page on the site · Official PDF ↗ ↩
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  44. The News Minute thenewsminute.com ↗ ↩
  45. BAWS Vol. 14 Part I, editorial Read this page on the site · Official PDF ↗ ↩
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  47. Columbia University – Pritchett timeline franpritchett.com ↗ ↩
  48. BAWS Vol. 14 Part II, editor’s note Read this page on the site · Official PDF ↗ ↩
  49. Organiser organiser.org ↗ ↩
  50. Wikipedia (pointer) en.wikipedia.org ↗ ↩

Key dates in this chapter

  1. Hindu Code Bill is introduced in the central legislature Writings & Speeches
  2. Becomes Minister of Law in Nehru's first cabinet source
  3. Explains the Hindu Code Bill; it is sent to a Select Committee Writings & Speeches
  4. Large protest rally in Delhi against the Hindu Code Bill source
  5. Milind College opens in Aurangabad Writings & Speeches
  6. Hands his resignation to Prime Minister Nehru Writings & Speeches
  7. Releases his statement explaining the resignation Writings & Speeches
  8. Loses the Lok Sabha election in Bombay City North Writings & Speeches
  9. Files an election petition with Ashoka Mehta Writings & Speeches
  10. First recorded speech in the Council of States (Rajya Sabha) Writings & Speeches
  11. Lecture in Poona on the conditions for democracy Writings & Speeches
  12. Loses the Bhandara Lok Sabha by-election source
  13. Hindu Marriage Act passed, the first part of the Hindu Code to become law Writings & Speeches
  14. Signs the preface of Thoughts on Linguistic States Writings & Speeches
  15. Speaks in the Rajya Sabha on the States Reorganisation Bill Writings & Speeches
  16. Scheduled Castes Federation executive decides to form a Republican Party Writings & Speeches
  17. Republican Party of India is formally founded, after his death source
See the full timeline →
Cite this page

“Law Minister and Opposition Voice: The Hindu Code Bill, a resignation, two lost elections and new plans.” Prabuddha Pathak — Dr. B. R. Ambedkar, in his own words, prabuddhapathak.com. https://prabuddhapathak.com/life/law-minister/

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