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 Provisions as to being specified in part of the First Schedule has or Provincial Legislature in have been duly constituted and summoned to meet each Slate. for the first section under the provisions of this Con *CAD, Vol. X, 7th October 1949, p. 15.