Vol. 13 · pages 1101–1105

1068 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES word “provisional” before the word “Parliament”, as he has done in the case of the President. The Honourable Dr. B. R. Ambedkar: I do not think there can be any great objection to the retention of the words “provisional Parliament”. I do not propose to make any change in that. It would not be called the “Provisional Parliament” but for purposes of the language of this article I think it is necessary to say that it is the Provisional Parliament. Shri R. K. Sidhva: But I thought that Dr. Ambedkar has agreed to omit the word “Provisional”. Mr. President : No, this is with reference to the Parliament. Mr. Shibhan Lal Saksena wanted that the word “Provisional” should be omitted before the word “Parliament”. Dr. P.S. Deshmukh: If that is so, I would like to move my amendment for the deletion of the word “Provisional” in the other place also. Mr. President : Does your amendment refer to Parliament also ? Dr. P. S. Deshmukh : Yes, Sir. Mr. President : Mr. Shibhan Lal Saksena has moved it. That will be put to the vote. I will now put the various amendments to vote. The question is : “That in amendment No. 23 of List II (First Week), in clause ( 1) of the proposed article 311-A the word ‘provisional’ be deleted.” The amendment was adopted. The Honourable Shri K. Santhanam (Madras : General) : Does it mean the word “Provisional” will be deleted before the word “Parliament” also ? Mr. President : No ; that comes later on. The question is— “That in amendment No. 28 of List II (First Week), in clause ( 2) of the proposed article 311-A, for the words ‘provisional President’ in the first place where they occur, the words ‘President so elected by the Constituent Assembly of the Dominion of India’ be substituted.” The amendment was adopted. Mr. President : The question is : “That in amendment No. 28 of List II (First Week), in clause ( 2) of the proposed article 311-A, for the words ‘the provisional President’ in the second place where they occur, the word ‘President’ be substituted.” The amendment was adopted. Mr. President: Then I take up the amendment which was sought to be moved by Dr. Deshmukh but which was actually moved by Mr. Shibban Lal Saksena.

1069DRAFT CONSTITUTION The question is : “That in clause (2) of the proposed new article 311-A, the word ‘provisional’ occurring before the word ‘Parliament’ be deleted.” The amendment was negatived. (Article 311-A, as amended, was added to the Constitution.) ARTICLE 311-B *The Honourable Dr. B. R. Ambedkar : Sir, I move : “ That after article 311-A the following new article be inserted : ‘311-B. Such persons as the provisional President may appoint in this behalf shall become members of the Council of Ministers of the provisional President under this Constitution, and until appointments are made, all persons holding office as Ministers for the Dominion of India immediately before the commencement of the Constitution shall become and shall continue to hold office as members of the Council of Ministers of the Provisional President under the Constitution.” Dr. P. S. Deshmukh : Sir, I thank you for giving me this opportunity of moving this amendment of mine. I move : “That in amendment No. 13 above, in the proposed new article 311-B, the word ‘provisional’ wherever it occures, be deleted.” May I add that since the Honourable Dr. Ambedkar has accepted the sense behind this amendment I do not wish to take up the time of the House any more. It becomes more or less a consequential amendment. (Amendment No. 15 was not moved.) Mr. President : I take it that Dr. Ambedkar accepts the amendment. The Honourable Dr. B. R. Ambedkar : Yes, Sir, I do. ***** †The Honourable Dr. B. R. Ambedkar : Mr. President, Sir, this article 311-B is merely a formal article permitting the President, so to say, to carry over the Ministry that may be existing immediately before the commencement of the Constitution. This article is analogous to the other article which we have already passed, relating to members of the Public Service Commission and to the Auditor-General. Consequently there is really no fundamental difference between those articles and this article. If those who have commented upon the provisions of this article 311-B contend that no Ministry ought to be appointed or function on the 26th of January, 1950, unless that Ministry has the confidence of the Parliament, I am quite prepared to accept that contention. But I do not quite understand how this article makes it impossible either for the Parliament or for the Ministry to obtain what might be called a vote of confidence. If the memers of Parliament do not think that the existing Ministry is competent enough to Council of Ministers of the Provisional President. *CAD, Vol. X, 7th October 1949, p. 12. †Ibid., pp. 14-15.

1070 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES discharge the functions which it has to perform, it is open to this House before the 26th of January to pass a vote of no confidence in the Ministry and thereby dismiss the Ministry. It would be equally open to the Prime Minister, before submitting the names of the members of the Cabinet to the provisional President, to obtain also a positive vote of confidence in himself and his Ministry from the House. If neither the Prime Minister nor the House desires to apply the test of no confidence or confidence before the 26th of January, 1950—assuming that to be the date for the operation of the Constitution—this article 311-B does not take away the power from the House after the 26th of January to table a no-confidence motion and to dismiss that Ministry. Nor is the Prime Minister prevented by this article from coming forward after the appointment of the Ministry to obtain a positive vote of confidence in himself and the Ministry. Therefore it seems to me that those who have commented upon the provisions of article 311-B, probably under the impression that this is a surreptitious attempt on the part of the existing Ministry to smuggle themselves, so to say, under the new Constitution, have been labouring under a misapprehension. The doors are perfectly open at present, and even after the 26th of January, for the House to take such action as the House prefers and to dismiss the Ministry if they do not like it. Therefore, this article is merely, as I said, a formal article permitting the carrying over of the existing Ministry into the New Constitution. Shri H. V. Kamath : The Honourable Dr. Ambedkar has not answered the points raised by me. What about the oath of office I referred to ? The Honourable Dr. B. R. Ambedkar : That will be taken undoubtedly. “Appointment” means taking the oath of office. Otherwise there is no apppointment. Shri H. V. Kamath : On that very day ? The Honourable Dr. B. R. Ambedkar : Yes, certainly. On that very day. “Appointment” includes oath of office. Mr. President: I shall put Dr. Deshmukh’s amendment to vote—I take it that it has been accepted by the Mover. [The amendment was adopted. Article 311-B, as amended, was added to the Constitution.] ARTICLE 312 *The Honourable Dr. B. R. Ambedkar : Sir, I move : “That for article 312, the following article be substituted :— ‘312. (1) Until the House or Houses of the Legislature of each State for the time being specified in part of the First Schedule has or have been duly constituted and summoned to meet for the first section under the provisions of this Con- *CAD, Vol. X, 7th October 1949, p. 15. Provisions as to Provincial Legislature in each Slate.

1071DRAFT CONSTITUTION stitution, the House or Houses of the Legislature of the corresponding Province functioning immediately before the commencement of this Constitution shall exercise the powers and perform the duties conferred by the provisions of this Constitution on the House or Houses of the Legislature of such State. (2) Notwithstanding anything contained in clause (1) of this article, where a general election to reconstitute the Legislative Assembly of a Province was ordered before the commencement of this Constitution, the election may be completed after such commencement as if this Constitution has not come into operation and the assembly so reconstituted shall be deemed to be the Legislative Assembly of that Province for the purposes of that clause. (3) Any person holding office as Speaker of the Legislative Assembly or President of the Legislative Council of a Province immediately before the commencement of this Constitution shall after such commencement be the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be of the corresponding State for the time being specified in Part I of the First Schedule while such Assembly or Council functions under clause (1) of this article : Provided that where a general election was ordered for the reconstitution of the Legislative Assembly of a Province before the commencement of this Constitution and the first meeting of the Assembly as so reconstituted is held after such commencement the provisions of this clause shall not apply and the Assembly as reconstituted shall elect a member of the Assembly as the Speaker thereof.’ ” The provisions are quite clear and I do not think that they require any explanation. Mr. President : Are there any amendments to this ? I do not see any. ***** *Shri M. Ananthasayanam Ayyangar : It all depends how long the interim period lasts, if it is a short one, there may not be any need for the dissolution. But what if it is otherwise ? We know every sitting Member will be anxious to continue and every other person who has not had a chance may like to have the House dissolved. I am not casting any aspersions on any particular Member. I only say that in the circumstances I have mentioned, there must be some provision whereby, if necessary, an opportunity can be had of changing the Assembly and going to the electorate. The Honourable Dr. B. R. Ambedkar : Sir, after what has fallen from you, I do not think it is necessary for me to pursue the matter any further. So far as the merits of the amended article are concerned, I do not think anything has been said which calls for a reply. Shri H. V. Kamath : What about the clause concerning the Speaker ? The Honourable Dr. B. R. Ambedkar : That was there in the original draft. Mr. President : I will now put article 312 to vote. The question is : “That the proposed article 312 stand part of the Constitution.” The motion was adopted. Article 312 was added to the Constitution. *CAD, Vol. X, 7th October 1949, p. 23.

1072 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES ARTICLES 312-A TO 312-E, 312G AND 312-H *The Honourable Dr. B. R. Ambedkar : Sir, I move : “That after article 312, the following new aticles be inserted :— ‘312A. Any person holding office of Governor in any Province immediately before the commencement of this constitution shall after such commencement be the provisional Governor of the corresponding State for the time being specified in Part I of the First Schedule until a new Governor has been appointed in accordance with the provisions of chapter II of Part VI of this Constitution and has entered upon his office. 312B. Such persons as the provisional governor of a State may appoint in this behalf shall become members of the council of Ministers of the provisional Governor under this Constitution, and until appointments are so made, all persons holding office as Ministers for the corresponding State immediately before the commencement of this constitution shall become and shall continue to hold office as members of the Council of Ministers of the provisional Governor of the State under this Constitution. 312C. Until the House or Houses of the Legislature of a State for the time being specified in Part III of the First Schedule has or have been duly constituted and summoned to meet for the first session under the provisions of this Constitution, the body or authority functioning immediately before such commencement as the Legislature of the corresponding Indian State shall exercise the powers and perform the duties conferred by the provisions of this Constitution on the House or Houses of the Legislature of the State so specified. 312D. Such persons as the Rajpramukh of a State for the time being specified in Part III of the First Schedule may appoint in this behalf shall become members of the council of Ministers of such Rajpramukh under this Constitution and until appointments are so made, all persons holding office as Ministers immediately before the commencement of this Constitution in the corresponding Indian State shall become and shall continue to hold office as members of the council of Ministers of such Rajpramukh under this Constitution. For article 312E I propose amendment No. 21 : “That in amendment No. 16 above, for the proposed new article 312E, the following substituted :— “312E. For the purposes of elections held under any of the provisions of this Constitution during a period of three years from the commencemet of this Constitution the population of India or any part thereof may, notwithstanding anything contained in this Constitution, be determined in such manner as the President may by order direct.’ ” “312G. A Bill which immediately before the commencement of this Constitution was pending in the Legislature of the Dominion of India or in the legislature of Province or Indian Stale may, subject to any provision to the contrary, which may be included in rules made by Parliament or the Legislature of the corresponding State under this Constitution, be continued in Parliament or the Legislature of the corresponding State, as the case may be, as if the proceedings taken with reference Provisions as to provincial Governor of Provinces Council of Ministers of Provisional Governors. Provisions as to provisional legislatures in States in Part III of the First Schedule Council of Ministers for States in Part III of the First Schedule. Provision as to Bills pending in the dominion Legislature and in the Legislatures of Provinces and Indian States. *CAD. Vol. X, 7th October 1949, pp. 23-24.