Vol. 12 · pages 726–730

705MISCELLANEOUS NOTES II. Freedom from Arrest. This privilege is not granted by the Government of India Act. It is granted by an Act of the Indian Legislature. It is called Legislative Members Exemption Act, 1925. [No. 23 of 1925] UNDER THIS ACT 1. Members of the legislative bodies constituted under the Government of India Act are exempt from liability to serve as jurors or assessors. 2. No person is liable to arrest or detention in prison under civil process— (a) If he is a member of a legislative body constituted under the Government of India Act, during the continuance of any meeting of such body. (b) If he is a member of any Committee of such body, during the continuance of any meeting of such body. (c) If he is a member of either chamber of Indian Legislature, during the continuance of a joint sitting of the chambers, or of a meeting of a conference or joint Committee of the chambers of which he is a member, and during 14 days before and after such meeting or sitting. Points to note. (1) Freedom is only from Civil Arrest. (2) Liable to re-arrest after the period. Procedure of the Legislatures I. The Procedure of the Indian Legislature is regulated by (1) Rules of Business and (2) Standing Orders. Section 67 (1) permit Rules and Standing Orders to be made Section 67 (6) for the Central Legislature. Section 72 D (6) permit Rules and Standing Orders to be made Section 72 D (7) for the Local Legislature.

706 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES II. Legislatures have no authority to make rules and standing orders.— The Dominions have it. In India the matter is governed by Section 129A. Governor General in Council to make rules and Standing Orders. Difference between Standing Orders and Rules 1. Rules are not subject to alteration or repeal by the Indian Legislature, Local or Central. 2. Subject to certain conditions Standing Orders may be amended. Different purposes of Rules and Standing Orders Two Questions: 1. What matters a Legislature can discuss and what is within its competence and what is not ? 2. Assuming any particular matter is within its competence, How is that matter to be discussed ? How is it to be brought to an issue ? In what order are members to speak ? Has anybody priority in speaking ? How are votes recorded ? How are they counted ? How are they valued. The first Question is settled by the Rules of Business. The second is settled by the standing orders. To use the language of the Act: Rules of Business Regulate the Course of business. Standing Orders regulate the Conduct of business. Rules of Business and Freedom of Action Do the Rules of Business give the Legislators the necessary freedom to discharge their functions ? * Rule 8. —A Question may be asked for the purpose of obtaining information on a matter of public concern within the special cognizance of the member to whom it is addressed. Period of Notice. (a) The President may disallow a question if it does relate to a matter which is not primarily the concern of the Local Government.

707MISCELLANEOUS NOTES (b) A Question which is allowed by the President may be disallowd by the Governor if it relates to (i) any matter affecting the relations of H. M’s Government or of the Government of India, or of the Governor or the Governor in Council, with any foreign State. (ii) any matter affecting the relations of any of the foregoing authorities with any Prince or Chief under the suzerainty of His Majesty, or relating to the affairs of any such Prince or Chief or to the administration of the territory of any such Prince or Chief. (iii) any matter which is under adjudication by a Court of Law having jurisdiction in any part of His Majesty’s Dominions. N. B.— If any doubt arises the Governor shall decide the point and his decision shall be final. (c) In a controversy between the Governor General in Council or the Secretary of State and Local Government no question shall be asked except as to matters of fact, and the answer shall be confined to a statement of fact. (ii) Right to move Resolutions. Rules 22-23. Rule 23. (1) Every resolution shall be in the form of a specific recommendation addressed to the Government. Statutory Restrictions Resolution cannot be moved regarding a matter relating to which a question cannot be asked. Rule 22. Apart from the Statutory restrictions on the right to move resolutions, the Governor has the power within the period of notice to disallow any resolution, on the ground that it cannot be moved without detriment to the public interest or on the ground that it relates to a matter which is not primarily the concern of the Local Government.

708 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Prohibitions against Resolutions Rule 24A. No discussion of a matter of general public interest shall take place otherwise than on a resolution moved in accordance with rules governing the moving of resolutions except with the consent of the President & the member of the Government to whose department the motion relates. 2. It shall not be permissible to the President or to the member of the Government concerned to give his consent to the moving of any motion in regard to any of the subjects in regard to which a resolution cannot be moved. (iii) Motion for adjournment Rules 11 and 12 Rule 11. A motion for an adjournment of the business of the Council for the purpose of discussing a definite matter of urgent public importance may be made. Rule 12. This is subject to the following restrictions. (i) Only one such motion shall be made at the same sitting. (ii) Not more than one matter can be discussed. It must be restricted to specific matter of recent occurrence. (iii) Motion must not raise a matter already disposed of: must not revive. (iv) Motion must not anticipate a matter already on the agenda or of which notice is given. 1. A motion must not deal with a matter on which a resolution could not be moved. 2. The President must give his consent. (iv) Motion of Want of Confidence Rule 12A. A motion expressing want of confidence in a minister or a motion disapproving the policy of the minister in a particular. zz

3 NOTES ON HISTORY OF INDIA [Reproduced from the handwritten manuscripts—ed.] I More important for the history of India were the conquests of the Sakas and Yueh-chih, nomad tribes of Central Asia similar to the modern Turkomans. 1 The former are first heard of in the basin of the river Ili, and being dislodged by the advance of the Yueh-chih moved southwards reaching north-western India about 150 B.C. Here they founded many small principalities, the rulers of which appear to have admitted the suzerainty of the Parthians for some time and to have borne the title of Satraps. It is clear that western India was parcelled out among foreign princes called Sakas, Yavanas, or Pallavas whose frontiers and mutual relations were constantly changing. The most important of these principalities was known as the Great Satrapy which included Surashtra (Kathiawar) with adjacent parts of the mainland lasted until about 395 A. D The Yueh-chih started westwards from the frontiers of China about 100 B. C. and, driving the Sakas before them, settled in Bactria. Here Kadphises, the chief of one of their tribes, called the Kushans, succeeded in imposing his authority on the others who coalesced into one nation henceforth known by the tribal name. The chronology of the Kushan Empire is one of the vexed questions of Indian history and the dates given below are stated positively only because there is no space for adequate discussion and are given with some scepticism, that is desire for more knowledge founded on facts. Kadphises I (c. 1545 A. D.) after consolidating his Empire led his armies southwards, conquering Kabul and perhaps Kashmir. His successor Kadphises II (c. 45-78 A. D.) annexed 1 But perhaps not in language. Recent research marks it probable that the Kushans or Yueh-chih used an Iranian idiom.