z:\ ambedkar\vol-02\vol2-08.indd MK SJ+YS 21-9-2013/YS-8-11-2013 589
IN SUB-COMMITTEE NO. VIII 589
Legislature to the Governor or Governor-General as the case may be. Let us put that
Dr. Ambedkar: I support that.
† Dr. Ambedkar: The position taken by Mr. Shiva Rao is that discretion in the matter of removal of members of the Public Services Commissions is to be vested entirely in the Governor or Governor-General. The fact the Legislature has passed a resolution by a majority will not ipso facto lead to removal, but the Governor or Governor-General will consider whether action should be taken or not
Raja Narendra Nath: I would not allow the Legislature to interfere at all in respect of appointments.
Dr. Ambedkar: A man may be corrupt, just as judges may be corrupt. Should there be no remedy at all ? Should there be no way of removing such persons ? We are removing patronage from the Ministers because we feel they may be corrupt, but the Public Services Commissions may be corrupt, and if we have no chance of removing any of their members what will the position be ?
Dr. Shafa’at Ahmad Khan: Dr. Ambedkar has admitted that a member of a Public Services Commission can be removed by the Governor, and if that is so what is the use of the address by the House ? It is very dangerous to have a Legislative body interfering in executive matters. We must keep the deliberative function of the Legislatures completely apart from the function of the Executive, and if we mix the two functions in a matter of this kind, where thousands of appointments may be at stake. I think we shall be inviting trouble and making the whole of the regulations regarding the Public Services Commissions completely useless and utterly futile.
Chairman: Would it be in accordance with the desire of the SubCommittee—I think the criticism made is rather cogent — that we should insert a clause to the effect that any member of a Public Services Commission holds office during good behaviour and is removable by the Governor or Governor-General as the case may be ? (Agreed).
Sir Provash Chunder Mitter: So long as the Legislature is not specifically brought in, I am satisfied.
Chairman: Would that further amendment be in accordance with the wishes of the Sub-Committee ? (Agreed). We shall consider it at the report stage ; we are considering it provisionally now. Now we get to Colonel Gidney’s point
Dr. Ambedkar: Before you proceed to Colonel Gidney’s proposal when the draft was first read out there was a clause stating that a member of a Public Services Commission after he had ceased to hold office as a member of such a Commission should not be eligible for service under the Crown.
†Proceedings of Sub-Committee No. VIII (Services), pp. 125-26.