1080 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
*Mr. Nazirudin Ahmad : Sir, I move :
“That in amendment No. 8 of List I (Second Week), in clause (1) of the proposed article 310, for the words ‘as are provided for under article 197 of this Constitution in respect of the judges of such High Court’ the words as they were entitled to immediately before the said commenceient’ be substituted.”
Clause (1) of this article provides that the Judges of High Court would on the date on which the Constitution comes into force (provisionally on the
26th of January 1950), shall continue to be Judges of the same High Court.
The Honourable Dr. B. R. Ambedkar : May I draw attention to the fact that this amendment anticipates Schedule II ? This matter is to be dealt with under Schedule II and the proper time would be when Schedule II is before the House.
[Amendment of Mr. Ahmed was negatived. Dr. Ambedkar’s amendment as mentioned earlier was adopted. Article 310 was added to the constitution.]
ARTICLE 311
†The Honourable Dr. B. R. Ambedkar: Sir, I move :
“That for article 311, the following article be substituted :—
“311. (1) Until both Houses of Parliament have been duly constituted and summoned to meet for the first session under the Provisions as to provisions of this Constitution, the body functioning provincial Presidents of the Union and the as the Constituent Assembly of the Dominion of Speaker and Deputy India immediately before the commencement of Speaker thereof. this Constitution shall exercise all the powers and perform all the duties conferred by the provisions of this Constitution on Parliament.
Explanation. —For the purposes of this clause, the Constituent Assembly of the Dominion of India includes—
(i) the members chosen to represent any State or other territory for which representation is provided under clause (2) of this article, and
(ii) the members chosen to fill casual vacancies in the said Assembly.
(2) The President may by rules provide for—
( a ) the representation in the provisional Parliament functioning under clause (1) of this article of any State or other territory which was not represented in the Constituent Assembly of the Dominion of India immediately before the commencement of this Constitution,
( b ) the manner in which the representatives of such States or other territories in the provisional parliament shall be chosen, and
( c ) the qualifications to be possessed by such representatives.
(3) If a member of the Constituent Assembly of the Dominion of India was on the sixth day of October, 1949, also a membr of a House of the Legislature of a Governor’s Province or an Indian State, then, as from the date of commencemnt
*CAD, Vol. X, 10th October 1949, p. 77.
† Ibid., pp. 79-80.