DRAFT CONSTITUTION 579
consideration and therefore I want those articles to be held over for the lime being. But we can begin with article 100.
[Article 100 was adopted and added to the Constitution as suggested by Dr. Ambedkar . ]
ARTICLE 101
*The Honourable Dr. B. R. Ambedkar : Sir, with regard to the amendment of Mr. Kamath, I do not think it is necessary, because where can the proceedings of Parliament be questioned in a legal manner except in a court ? Therefore the only place where the proceedings of Parliament can be questioned in a legal manner and legal sanction obtained is the court. Therefore it is unnecessary to mention the words which Mr. Kamath wants in his amendment.
For the reason I have explained, the only forum where the proceedings can be questioned in a legal manner and legal relief obtained either against the President or the Speaker or any officer or Member, being the Court, it is unnecessary to specify the forum. Mr. Kamath will see that the marginal note makes it clear.
With regard to the amendment moved by my Friend Mr. Naziruddin Ahmad, he has not understood that the important words in sub-clause
(2) are ‘ in whom powers are vested ’.
Mr. Naziruddin Ahmad : For maintaining order.
The Honourable Dr. B. R. Ambedkar : ‘No officer or other Member of Paliament in whom powers are vested ’ are the persons who are protected by sub-clause (2). The Speaker is already an officer and also a Member. No powers has to be conferred upon him. The Constitution confers the power on him. Therefore, having regard to the fact that it is only ‘ other Member that is to say, Member besides the Speaker or the Deputy Speaker as the case may be, who requires to be protected. Therefore the word ‘other’ is important.
Mr. President : What is the effect of the words ‘ or for maintaining order’ ?
The Honourable Dr. B. R. Ambedkar : Supposing there is a brawl in the House I do not like to put it that way. But, supposing there is a brawl in the House, and the Speaker, not finding any officer at hand to remove a certain Member, asks certain other Member who is present to remove the Member who is causing the brawl. Then that particular Member is the Member who is invested with this authority by the Speaker and he would come under “other Member ”.
- CAD. Vol. VIII, 23rd May 1949, pp. 200-01