constituent assembly of india debates (proceedings)- volume vii

prevent any unnecessary complication of legislative procedure or delaying of legislation. In most of the
areas ordinary legislation is applicable and the policy has been and should be to apply legislation normals
unless there is any special reason to the contrary. As a matter of general concern restriction seems
necessary only in certain matters and we recommend that all legislation relating to (1) social matters (2)
occupation of land including tenancy laws, allotment of land and setting apart of land for village
purposes, and (3)village management including the establishment of village panchayats should be dealt
with in this manner.
13. CRIMINAL AND CIVIL COURTS -
We have noticed that there are areas where the regular machinery for the disposal of criminal and
civil cases is not in operation and an "Agency" system is in force. The civil procedure has in particular
been substituted by a simplified procedure. We have no doubt that simplified procedure should be
possible for the disposal of petty criminal and civil cases and recommended accordingly that except
where the regular procedure is already in force, a simplified system should continue to be in forced. We
are not however in a position to say whether the exact procedure followed at present needs modification
or not.
14. RESERVATION IN FEDERAL LEGISLATURE -
We have recommended reservation of seats in the Provincial Legislature. We recommend reservation
in the Federal Legislature also on the basis of population in each province. On the scale contemplated in
the draft Union Constitution, this would be 5 for Bihar, 3 for C. P., and 2 each for Bombay and Orissa.
15. PROVINCIAL TRIBES ADVISORY COUNCIL -
Most of the Provincial Governments have found it necessary to set up advisory bodies for the proper
administration of the tribal areas. In our view, it is necessary that there should be a body which will keep
the Provincial Government constantly in touch with the needs of the aboriginal tracts (Scheduled Areas)
in particular and the tribal for such a council requires little explanation. Whatever legal machinery is set
up, it is no fancy to suggest that its actual translation into practice may not be in accord with its spirit,
and besides the legal machinery itself may be found defective in practice. For a number of years clearly,
the development of the aboriginals will require the most meticulous care. There are many ways in which
the aboriginals' interests may be neglected, and it is known that regardless of certain prohibitory rules
they are subjected to harassment at the hands of subordinate government officials and contractors. In
spite of the abolition of beggar, for instance, there are still a good many cases of it in fairly serious form
coming to notice from time to time. The working of provincial legislation or the machinery of
administration in whole or in not needs constant scrutiny and regulation. The reclamation of the tribal is
not likely to be an easy matter since it is seen from experience that even where provision for local bodies
exists the aboriginal requires special encouragement to take active part in it. We have also pointed out
that the representation of the aboriginal in the legislature is likely to be weak for some time to come. To
exercise special supervisory functions therefore and to bring to the attention of the Provincial
Government from time to time the financial and other needs of the aboriginal areas, the working of
development schemes, the suggestion of plans, or legislative or administrative machinery, it is necessary
to provide by statute for the establishment of a Tribes Advisory Council in which the tribal element is
strongly represented. There may be no objection to the advisory council being made use of for
supervision of the interests of other backward classes as well. We are of the view that the establishment
of an Advisory Council for the next ten years at least is necessary in the Provinces of Madras ,Bombay,
West Bengal, Bihar, C. P. & Berar and Orissa, and we recommend that statutory provision be made
accordingly. We have referred earlier (Para. 11) to the part that the Tribes Advisory Council will play in
respect of Legislation.