Article 146 - Page 655

622 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Shri H. V. Kamath : With reference to my amendment, may I know if Dr. Ambedkar has realised from the view that he expressed previously—if he has recanted ?

Mr. President : I do not think that kind of cross-examination can be allowed. Now I shall take up the amendments.

There are two amendments moved by Mr. Tahir and Mr. Mohd. Ismail Nos. 2174 and 2175 which relate to this article 144, clause (l).

If Dr. Ambedkar’s amendment No. 2165 is carried, probably they will drop automatically. Therefore, I would put Dr. Ambedkar’s amendment to vote.

[Dr. Ambedkar’s all amendments mentioned hereinbefore were adopted, rest were negatived. Article 144, as amended was added to the Constitution.]

ARTICLE 145


The Honourable Dr. B. R. Ambedkar : I do not think I need add anything to the debate that has taken place. All that I want to say is this : I am prepared to accept the amendment of Mr. Naziruddin Ahmad No. 2210.

*Mr. President : Then I put Amendment No. 2210 which includes within itself 2211 also.

[Following amendment of Naziruddin Ahmed was accepted by Dr. Ambedkar and the House.]

“That for clauses (2) and (4) of article 145, the following be substituted :—

‘(3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine’.”

[Article 145, as amended was added to the Constitution.]

ARTICLE 146


†The Honourable Dr. B. R. Ambedkar (Bombay : General) : Sir, I do not accept the amendment. Article 146 is only a logical consequence of article 130. Article 130 says that the executive power of the State shall be vested in the Governor. That being so, the only logical conclusion is that all expression of executive action must be in the name of the Governor as is provided for in article 146.

In regard to the observations made by my Honourable Friend Prof. K. T. Shah that under the old regime, all executive action was expressed in the name of the Government of India, my reply is that that was due

Ibid, 2nd June 1949. P. 532