THE DRAFT CONSTITUTION 149
THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 181
Restrictions on discussion in Parliament.
Courts not to inquire into proceedings of Parliament.
Power of President to promulgate Ordinances during recess of Parliament.
- (1) No discussion shall take place in Parliament with respect to the conduct of any judge of the Supreme Court or a High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the judge as hereinafter provided.
(2) In this article the reference to a High Court shall be construed as including a reference to any court in a State for the time being specified in Part III of the First Schedule which is a High Court for any of the purposes of Chapter IV of this Part.
- (1) The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure.
(2) No officer or other member of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.
CHAPTER III—Legislative Powers of the President
- (1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.
(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament assented to by the President, but every such Ordinance—
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(a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the re- 35 assembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and 40
(b) may be withdrawn at any time by the President.