DRAFT CONSTITUTION 539
ARTICLE 64
*Shri Raj Bahadur (United State of Matsya) : Mr. Vice-President, Sir, I come here to oppose the amendment that has been moved by Prof. K. T. Shah. From the various amendments that he has been moving from time to time, I am led to think that he is moving according to a set plan and that he wants the Presidential system of constitution instead of the Parliamentary system of democracy for the country. But, with all respect to his erudition and experience, I see that he has not been consistent even in that. When we discussed article 42, by which the entire executive power of the Union is vested in the President, he himself moved two amendments. Nos. 1040 and
1045 to that article and one of his amendment reads as follows :—
“The sovereign executive power and authority of the Union shall be vested in the President, and shall be exercised by him in accordance with the Constitution and in accordance with the laws made thereunder and in force for the time being.”
By implication it means obviously that all executive actions should be taken by and in the name of the President, which is exactly the import, meaning and the implication of article 64, under discussion. I therefore, fail to see any reason for Prof. K. T. Shah to go now behind the terms of his own amendment, which he moved to article 42. What we mean clearly enough is that the entire executive power of the Union vests in the President and all governmental orders, and instruments shall be made in the name of the President. It is no anomaly and no inconsistency under any known democratic principles to get the orders issued in the name of the President and as such, I submit, there is no reason for the house to accept the amendment which has been moved by Prof. Shah.
The Honourable Dr. B. R. Ambedkar : Mr. Vice-President, sir, I do not think any reply is called for.
[Two amendments were negatived. None was adopted. Article 64 was adopted and added to the Constitution.]
ARTICLE 65
†Mr. Vice-President : There is only one amendment now before the House and the clause is open for general discussion. Dr. Ambedkar, would you like to say anything ?
The Honourable Dr. B. R. Ambedkar : No, Sir, I do not accept Mr. Kamath’s amendment.
The amendment was negatived.
Article 65 was added to the Constitution.
*CAD, Vol. VII, 7th January 1949, p. 1352.
† Ibid., p. 1354.