DRAFT CONSTITUTION 679
The Honourable Dr. B. R. Ambdkar : I am very sorry. Prof. Shibban Lal Saksena says that the financial year should be changed. Well, I have nothing to say except that I suspect that his motives are not very pure. He perhaps wants a winter session so that he can spin as long as he wants. If he wants longer sessions, he must sit during summer months as we are now doing.
[Dr. Ambedkar’s amendment was accepted. Article 95, as amended, as mentioned earlier was added to the Constitution.]
ARTICLE 96
*The Honourable Dr. B. R. Ambedkar : Sir, I move :
“That for article 96, the following article be substituted:—
Votes on account, votes ’96. (1) Notwithstanding anything contained on credit and exceptional in the foregoing provisions of this Chapter, the grants. House of the People shall have power— (a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 93 of this Constitution for the voting of such grant and the passing of the law in accordance with the provisions of article 94 of this Constitution in relation to that expenditure;
(b) to make a grant for meeting an unexpected demand upon the resources of India when on account of the magnitude or the indefinite character of the service the demand cannot be staled with the details ordinarily given in an annual financial statement;
(c) to make an exceptional grant which forms no part of the current service of any financial year;
and to authorise by law the withdrawal of moneys from the consolidated Fund of India for the purpose for which the said grants are made.
(2) The provisions of articles 93 and 94 of this Constitution shall have effect in relation to the making of any grant under clause (1) of this article and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure.’”
The Honourable Shri K. Santhanam : Sir, I do not want to reopen the general principle which has been accepted; hut I wish to say that the drafting of this article is rather defective.
For instance, in clause (1) it says, “the House of the People shall have power” and this is followed by, after sub-clause (c), “and to authorise by law…….” I think according to the Constitution, the House of the People cannot authorise by law.
The Honourable Dr. B. R. Ambedkar : I should say, Sir, that the Drafting Committee reserves to itself the liberty to re-draft the last three lines following sub-clause (c).
*CAD, Vol. VIII, 10th June 1949, pp. 711-713.