Vol. 13 · pages 166–170

(5) (a) Subject to the provisions of articles 292 and 293 of this Constitution, the House of the People shall consist of not more than five hundred representatives of the people of the territories of the States directly chosen by the voters. 5 (b) For the purpose of sub-clause (a), the States of India shall be divided, grouped or formed into territorial constituencies and the number of re- presentatives to be allotted to each such constituency shall be so determined as to ensure that there shall be not less than one representative for every 750,000 of the population and not more than one represen- tative for every 500,000 of the population: 10 Provided that the ratio of the total number of representatives of the States for the time being specified in Part III of the First Schedule to their total population shall not be in excess of the ratio of the total number of representatives of the States for the time being specified in Parts I and II of that Schedule to the total population of such States. 15 20 (c) The ratio between the number of members to be elected at any time for each territorial constitu- ency and the population of that constituency as ascertained at the last preceding census shall, so far as practicable, be the same throughout India. 25 (6) The election to the House of the People shall he on the basis of adult suffrage; that is to say, every citizen who is not less than twenty-one years of age and is not otherwise disqualified under this Constitu- tion or under any Act of Parliament on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice shall be entitled to be registered as a voter at such elections. 30 (7) Parliament may, by law, provide for the re- presentation in the House of the People of territories other than States. 35 (8) Upon the completion of each census the re- presentation of the several States in the Council of States and of the several territorial constituencies in the House of the People shall, subject to the pro- visions of article 289 of this Constitution, be 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 165 133THE DRAFT CONSTITUTION

readjusted by such authority, in such manner and with effect from such date as Parliament may, by law, determine. (9) When States for the time being specified in Part III of the First Schedule are grouped together for the purpose of returning representatives to the Council of States, the entire group shall be deemed to be a single State for the purposes of this article. 5 Duration of Houses of Parliament. 68. (1) The Council of States shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accord- ance with the provisions made in that behalf by Parliament by law. 10 (2) The House of the People, unless sooner dis- solved, shall continue for *five years from the date appointed for its first meeting and no longer, and the expiration of the said period of *five years shall operate as the dissolution of the House: 15 Provided that the said period may, while a Pro- clamation of Emergency is in operation, be extended by the President for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. 20 25 Sessions of Parliament, prorogation and dissolu- tion. 69. (1) The Houses of Parliament shall be summoned to meet twice at least in every year, and six months shall not intervene between their last sitting in one session and the date appointed for their first sitting in the next session. 30 (2) Subject to the provisions of this article, the President may from time to time— (a) summon the Houses or either House of Par- liament to meet at such time and place as he thinks fit; 35 *The Committee has inserted “five years” instead of “four years” as the life of the House of the People as it considers that under the Parliamentary system of Government the first year of a minister’s term of office would generally be taken up in gaining knowledge of the work of administration and the last year would be taken up in preparing for the next general election, and there would thus be only two years left for effective work which would be too short a period for planned administration. 166 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 134 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

(b) prorogue the Houses; (c) dissolve the House of the People. Right of Pre- sident to address and send messa- ges to Houses. 70. (1) The President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members. 5 (2) The President may send messages to either House of Parliament, whether with respect to a Bill then pending in Parliament or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration. 10 Special add- ress by the President at the com- mencement of each session of Parliament and discussion in Parliament of matters re- ferred to in the address. 71. (1) At the commencement of every session the President shall address both Houses of Parlia- ment assembled together and inform Parliament of the causes of its summons. 15 (2) Provision shall be made by the rules regulat- ing the procedure of either House for the allotment of time for discussion of the matters referred to in such address and for the precedence of such discus- sion over other business of the House. 20 Right of ministers and Attorney- General as respects Houses. 72. Every minister and the Attorney-General of India shall have the right to speak in, and otherwise to take part in the proceedings of, either House, any joint sitting of the Houses and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote. 25 Officers of Parliament The Chairman and Deputy Chairman of the Council of States. 73. (1) The Vice-President of India shall be ex- officio Chairman of the Council of States. 30 (2) The Council of States shall, as soon as may be, choose a member of the Council to be Deputy Chairman thereof, and so often as the office of De- puty Chairman becomes vacant the Council shall choose another member to be Deputy Chairman thereof. 35 Vacation and resignation of, and re- moval from the office of, Deputy Chair- man. 74. A member holding office as Deputy Chairman of the Council of States— (a) shall vacate his office if he ceases to be a member of the Council; 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 167 135THE DRAFT CONSTITUTION

(b) may at any time, by writing under his hand addressed to the Chairman, resign his office; and (c) may be removed from his office for incapacity or want of confidence by a resolution of the Council passed by a majority of all the then members of the Council: 5 Provided that no resolution for the purpose of clause (c) of this article shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution. 10 Power of the Deputy Chairman or other per- sons to per- form the duties of the office of, or to act as, Chairman. 75. (1) While the office of Chairman is vacant, or during any period when the Vice-President is acting as, or discharging the functions of the, President under article 54 of this Constitution, the duties of the office shall be performed by the Deputy Chair- man, or if the office of Deputy Chairman is also vacant, by such member of the Council of States as the President may appoint for the purpose. 15 (2) During the absence of the Chairman from any sitting of the Council of States, the Deputy Chairman or, if he is also absent, such person as may be deter- mined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman. 20 25 The Speaker and Deputy Speaker of the House of the People. 76. The House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof, and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as the case may be. 30 Vacation and resignation of, and re- moval from, the offices of Speaker and Deputy Spea- ker 77. A member holding office as Speaker or De- puty Speaker of the House of the People— 35 (a) shall vacate his office if he ceases to be a member of the House of the People; (b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and 40 168 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 136 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

(c) may be removed from his office for incapa- city or want of confidence by a resolution of the House of the People passed by a majority of all the then members of the House: 5 Provided that no resolution for the purpose of clause (c) of this article shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution: Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution. 10 Power of the Deputy Spea- ker or other persons to performs the duties of the office of, or to act as, Speaker. 78. (1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker, or if the office of Deputy Speaker is also vacant, by such member of the House of the People as the President may appoint for the purpose. 15 (2) During the absence of the Speaker from any sitting of the House of the People, the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the House, or, if no such person is present, such other person as may be determined by the House, shall act as Speaker. 20 25 Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and the De- puty Speaker. 79. There shall be paid to the Chairman and the Deputy Chairman of the Council of States, and to the Speaker and the Deputy Speaker of the House of the People, such salaries and allowances as may be respectively fixed by Parliament by law, and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule. 30 Conduct of Business Voting in Houses; power of Houses to act not- withstanding vacancies and quorum 80. (1) Save as provided in this Constitution, all questions at any sitting or joint sitting of the Houses shall be determined by a majority of votes of the members present and voting, other than the Chair- man or Speaker or person acting as such. 35 The Chairman or Speaker or person acting as such shall not vote in the first instance, but shall have 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 169 137THE DRAFT CONSTITUTION