DRAFT CONSTITUTION 1069
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 Council of Ministers of the shall become members of the Council of Ministers of Provisional President. 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
*CAD, Vol. X, 7th October 1949, p. 12.
† Ibid., pp. 14-15.