9. Draft Constitution as published in the Gazette of India, dated 26th February 1948 with Dr. Ambedkar’s letter dated 21st February 1948 to Dr. Rajendra Prasad,President of the Constituent Assembly of India - Page 248

THE DRAFT CONSTITUTION 215

THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 247

(b) the failure of any authority to exercise any of their powers.

with respect to the use, distribution or control of water from that source, the Government of the State may complain to the President. 5

Decision of 240. (1) If the President receives such a com- complaints. plaint as aforesaid, he shall, unless he is of opinion that the issues involved are not of sufficient import- ance to warrant such action, appoint a Commission consisting of such persons having special knowledge 10 and experience in irrigation, engineering, administration, finance or law as he thinks fit, and request that Commission to investigate in accordance with such instructions as he may give to them, and to report to him on the matters to which the com- 15 plaint relates, or such of those matters as he may refer to them.

(2) A Commission so appointed shall investigate the matters referred to them and present to the Presi- dent a report setting out the facts as found by them 20 and making such recommendations as they think proper.

(3) If it appears to the President upon considera- tion of the Commission’s report that anything therein contained requires explanation, or that he needs 25 guidance upon any point not originally referred by him to the Commission, he may again refer the matter to the Commission for further investigation and a further report.

(4) For the purposes of assisting a Commission 30 appointed under this article in investigating any matters referred to them, the Supreme Court, if requested by the Commission so to do, shall make such orders for the purposes of the proceedings of the Com- mission as they may make in the exercise of the 35 jurisdiction of the court.

(5) The report of the Commission shall include a recommendation as to the Government or persons by whom the expenses of the Commission and any costs incurred by any State or persons in appearing before 40 the Commission are to be paid and as to the amount of any expenses or costs to be so paid; and an order made by the President under this article, in so far as it relates to expenses or costs, may be enforced as if it were an order made by the Supreme Court. 45