584 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
innocuous heading was given to the chapter, much of the resentment to this provision will die down. Yes. The word ‘Ordinance’ is a bad word, but if Mr. Kamath with his fertile imagination can suggest a better word, I will be the first person to accept it. I do not like the word “ordinance”, but I cannot find any other word to substitute it.
Mr. President : There is another amendment which has been moved by Sardar Hukam Singh in which he says that the President may promulgate ordinances after consultation with his Council of Ministers.
The Honourable Dr. B. R. Ambedkar : I am very grateful to you for reminding me about this. The point is that that amendment is unnecessary, because the President could not act, will not act except on the advice of the Ministers.
Mr. President : Where is the provision in the draft Constitution which binds the President to act in accordance with the advice of the Ministers ?
The Honourable Dr. H. R. Ambedkar : I am sure that there is a provision, and the provision is that there shall be a Council of Ministers to aid and advise the President in the exercise of his functions.
Mr. President : Since we are having this written Constitution, we must have that clearly put somewhere.
The Honourable Dr. B. R. Ambedkar : Though I cannot point it out just now, I am sure there is a provision. I think there is provision that the President will be bound to accept the advice of the Ministers. In fact, he cannot act without the advice of his Ministers.
Some Honourable Members : Article 61 (1).
Mr. President : It only lays down the duly of the Ministers, but it does not lay down the duty of the President to act in accordance with the advice given by the Ministers. It does not lay down that the President is bound to accept the advice. Is there any other provision in the Constitution ? We would not be able even to impeach him, because he will not be acting in violation of the Constitution if there is no provision.
The Honourable Dr. B. R. Ambedkar : May I draw your attention to article 61, which deals with the exercise of the President’s junctions. He can not exercise any of his functions, unless he has got the advice, ‘ in the exercise of his functions. It is not merely to ‘ aid and advise ’. “ In the exercise of his functions ” those are the most important words.