Vol. 13 · pages 866–870

833DRAFT CONSTITUTION The Honourable Dr. B. R. Ambedkar : That is a very fundamental thing. In a sense it is fundamental and in a sense it is not fundamental because we have provided that the Proclamation shall be placed before Parliament. That obligation I have now imposed. Obviously if the Parliament is called and the Proclamation is placed before it, it would be a stupid thing if the people who come into the Parliament do not take positive action and such a Parliament would be an unnecessary thing and not wanted. Pandit Thakur Das Bhargava : Is it not necessary to say that the law will only be applicable for the period of the emergency and not for shorter period and not for six months after the proclamation ? The Honourable Dr. B. R. Ambedkar : I am coming to that, but so far as this question is concerned, it is a matter of mere detail whether the Parliament should by an express resolution say that we want the President to withdraw it, or we want the President to continue it, or we want the President to continue it in a modified form. Once Parliament is called and Parliament has become seized of the matter, is it not proper that the matter should be left to Parliament and its consent presumed to have been given unless it has decided otherwise ? Where is the difficulty ? I do not see anything with regard to the amendment. An Honourable Member : It is one o’clock now. Mr. Vice-President : We are going to finish this article. The Honourable Dr. B. R. Ambedkar : Mr. Gupte has moved an amendment which is an amendment to the amendment of Pandit Bhargava, No. 78. He wants that a definite period should be mentioned, that the Proclamation should be placed before Parliament within two months. Pandit Bhargava’s amendment was one month, I think, if I mistake not and my original proposal is “as soon as possible”. Well I do not know whether anybody wants to make this a matter of conscience and if this matter was not guaranteed, we are going to fast unto death. I think “as soon as possible” may be worked in such a manner that the matter may be placed before Parliament within one month, within two months or may be even a fortnight. It is a most elastic phrase and therefore, I submit that the provision as contained in the draft is the best under the circumstances and I hope the House will accept it. Mr. Vice-President : I now place the amendments before the House. [All amendments except that of Dr. Ambedkar were either withdrawn or rejected. Article 280 as amended was added to the Contributed.]

834 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES *The Honourable Dr. B. R. Ambedkar (Bombay : General) : Sir, I move : “That for article 254 the following article be substituted :— 284. (1) Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State. (2) Two or more Slates may agree that there shall be one Public Service Commission for that group of states, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States Parliament may by law provide for the appointment of a Joint Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs of those States. (2a) Any such law as aforesaid may contain such incidental and consquential provisions as may appear necesary or desirable for giving effect to the purposes of clause (2) of this article. The Public Service Commission for the Union, if requested so to do by the governor or Ruler of a State, may with the approvel of the President agree to serve all or any of the needs of the State. (4) References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise requires, be construed as references to the Commision serving the needs of the Union or, as the case may be, the State as respects the particular matter in question.” The article is self-explanatory and I do not think that any observations are necessary to clear up any point in this article. I will therefore reserve may remarks to the stage when I may be called upon to reply to any criticism that may be made. Shri Lakshminarayan Sahu (Orissa : General) : May I know, Sir, why the provision as to any such law by Parliament is introduced and also why mention has been made of Ruler in these provisions ? The Honourable Dr. B. R. Ambedkar : If I understand my friend Mr. Sahu correctly, he wants to know why we have introduced the provision for Parliament to make law. He will understand that the basic principle is that each State should have its own Public Service Commission. But, if, for administrative purposes or for financial purposes it is not possible for each State to have a Public Service Commission of its own, power is left open for two States by a resolution to confer power upon the centre to make provision for a joint Regional Commission to serve the needs of two such States which, as I have said, either for administrative or for financial reasons are not in a position to have a separate independent Commission for themselves. Obviously, when such a power is conferred upon the Centre, it must be that the power so conferred must be regulated by law made by Parliament and it should not be open to the President either to constitute a Joint Commission for two States by purely executive Public Service Commissions for the Union and for the State. *CAD, Vol. IX, 22nd August 1949, pp. 555-556.

835DRAFT CONSTITUTION order. It is for that purpose that power is given to Parliament to regulate the composition of any Commission which is to serve two States. Shri Lakshminarayan Sahu : The other point as to why the ‘Ruler’ has been mentioned ? The Honourable Dr. B. R. Ambedkar : Because it may be that even a State in Part III may find it unnecessary to have an independent Public Service Commission for itself Consequently, the door again there should not be closed to a State in Part III if that State were to agree to any State in Part I jointly to make a request to the President that a Joint Commission may be appointed. That is the reason why ‘Rule’ is included in the provisions of this article. Shri R. K. Sidhva (C. P. & Berar : General) : I want one clarification. In clause (3) it is stated “with the approval of the President, agree to serve all or any of the needs of the State.” May I know if any local body wants to utilise the services of the Service Commission, will that be allowed ? The Honourable Dr. B. R. Ambedkar : Yes. There is a separate article for that making provision that if a local authority wants its needs to be served by the Public Service Commission, it will be possible for Parliament to confer such authority upon the Public Service Commission also to serve the needs of such local authority. (Amendment No. 2 was not moved) ***** *Mr. President : Dr. Ambedkar. The Honourable Dr. B. R. Ambedkar : I do not think there is anything that I need say. [All amendments except that of Dr. Ambedkar were rejected Article 284 as amended was added to the Constitution.] ARTICLE 285 Mr. Naziruddin Ahmad : ...I think it is difficult for anyone to try to follow these changes. I therefore object not only on the ground of their being in breach of the rules but also on the ground they are in a form not readily intelligible and they should have been expressed as amendments to the Constitution itself. The Honourable Dr. B. R. Ambedkar : This is not the first time when my friend has raised a point of Order. You have been good enough to allow the Drafting Committee to depart from the technicalities of the Rules of Procedure and I therefore submit that in this case also you will be pleased to allow us to proceed. *CAD, Vol. IX, 22nd August 1949, p. 571. Ibid., p. 572.

836 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES ***** †Mr. President : ...Dr. Ambedkar may explain how the separate articles came into being. You move them together and we may take them separately at the time of voting. The Honourable Dr. B. R. Ambedkar : Yes, they may be put separately. Sir I move : “That for article 285, the following articles be substituted :— 285. (1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commisssion, by the Governor or Ruler of the State: Provided that at least one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and in computing the said period of ten years any period before the commencement of this Constitution during which a person has held office under the Crown shall be included. (2) A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty-five years, and in the case of a State Commission or a Joint Commission, the age of sixty years, whichever is earlier : Provided that— (a) a member of a Public Service Commission may by writing under his hand addressed, in the case of the Union Commission or a Joint Commission, to the President and in the case of a State Commission, to the Governor or Ruler of the State, resign his office; (b) a member of a Public Service Commission may be removed from his office in the manner provided in clause (1) or clause (3) of article 285-A of this Constitution. (3) A person who holds office as a member of a Public Service Commision shall, on the expiration of his tern of office, be ineligible for re-appointment to that office. 285A. (1) Subject to the provisions of clause (3) of this article, the Chairman or any other member of a Public shall only be removed from office by order of the President on the ground of misbehaviour after the Supreme Court on a reference being made to it by the President has, on inquiry held in accordance with the procedure prescribed in that behalf under article 121 of this Constitution, reported that the Chairman or such other member, as the case may be, ought on any such ground be removed. (2) The President in the case of the Union Commission or a Joint Commission and the Governor or Ruler in the case of a State Commission may suspend from office the Chairman or any other member of the Commission in respect of whom *CAD, Vol. IX, 22nd August 1949, p. 572. † Ibid., pp. 573-576. Appointment and term of office of members Removal and suspension of a member of a public Service Commission

837DRAFT CONSTITUTION a reference has been made to the supreme Court under clause (1) of this article until the President has passed orders on receipt of the report of the Supreme Court on such reference. (3) Notwithstanding anything contained in clause (1) of this article, the President may, by order, remove from office the Chairman or any other member of a Public Service Commission if the Chairman or, such other member, as the case may be— (a) is adjudged as insolvent; or (b) engages during his term of office in any paid employment outside the duties of his office; ” And here I want to add a third one, as (c) : “(c) is in the opinion of the President unfit to continue in office by reason of infirmity of mind or body. (4) For the purpose of clause (1) of this article, the Chairman or any other member of a Public Service Commission may be deemed to be guilty of misbehaviour if he is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit from emoluments arising therefrom otherwise than as a member and in common with the other members of any incorporated company. 285-B. In the case of the Union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor or Ruler of the State, may by regulation— (a) determine the number of members of the Commission, and their conditions of service; and (b) make provision with respect to the number of members of the staff of the Commission and their conditions of service : Provided that the conditions of service of a member of a Public Service Commission shall not be altered to his disadvantage after his appointment. 285-C. On ceasing to hold office— (a) the Chairman of the Union Public Service Commissions on ceasing Commission shall be ineligible for further employment either under the Government of India or under the Government of a State; (b) the chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of any other State Public Service Commission but not for any other employment either under the Government of India or under the Government of a State; (c) a member other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service Commission or as the Chairman of a State Public Service Commission but not for any other employment either under the Government of India or under the Government of a State; (d) a member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of that or any other State Public Service Commission, but not for any other employment either Under the Government of India or under the Government of a State. Power to make regulations as to conditions of service of members and staff of the Commission Bar to the holding of offices by members of to be such members.