DRAFT CONSTITUTION 605
Under the scheme of that Act the rules were required to be made by the Governor-General in the exercise of what is called his individual judgment, that is to say, he would not be required to take the advice of his Ministry in making these rules. To that extent the rules made by the Governor-General prescribing the duties of the AuditorGeneral would undoubtedly be independent of the Executive. Today we are not vesting the President with any such power of independent judgment so that if any modification in these rules were to be made by the President he would undoubtedly be acting on the advice of the Ministry of the day, that is to say, the Executive. I admit that to that extent there is a certain amount of anomaly, but I do hope that my honourable friend, Mr. Sidhva, who, I hope, will continue to function as a Member when the new Parliament is constituted, will take on himself the earliest opportunity of urging Parliament to change the position and to convert the rules into laws made by Parliament.
[Following amendment of Pandit Kunzru in addition to that of Dr. Ambedkar mentioned before was accepted .]
“ That in clause (1) of article 130, after the word ‘may’ the words ‘on behalf of the people of the State’ be inserted.”
(Article 125, as amended, was added to the Constitution.)
ARTICLE 127
- The Honourable Dr. B. R. Ambedkar : Sir I move :
“That in article 127, for the word ‘Parliament’ the words ‘each House of Parliament’ be substituted.”
It is only a formal amendment.
The amendment was adopted.
ARTICLE 130
† The Honourable Dr. B. R. Ambedkar : Sir, this article is an exact reproduction of article 42 which deals with the executive power of the Union. There is no change made at all. Word for word this article is a reproduction of article 42. I find from the book of amendments that exactly similar amendments were tabled to article 42 and they were debated at great length. I do not think I can usefully add anything to what I said in the course of the debate on article 42 and the amendments
- CAD, Vol. VIII, 30th May 1949, p. 415.
† Ibid., p. 423.