DRAFT CONSTITUTION 725
question because as I said it is going to be one of our greatest headaches and as a via media it was thought that if this Assembly would give or enact what is called an Instrument of Instructions to the President and provide therein some machinery which it would be obligatory on the President to consult before making any appointment, I think the difficulties which are felt as resulting from the American Constitution may be obviated and the advantage which is contained therein may be secured. At this stage it is impossible for me to see or anticipate what attitude this House will take when the particular draft Instructions come before the House. If the House rejects the proposal of the Drafting Committee that there should be an Instrument of Instructions to the President which might include, among other things, a provision with regard to the making of appointments, this problem would then be solved by that method. But, as I said, it is quite difficult for me to anticipate what may happpen. Therefore in order to meet the criticism of my Honourable Friend Prof. Saksena, supported by the criticism of my Honourable Friend Pandit Kunzru, I am prepared to make certain amendments in amendment No. 99. I am sorry I did not have time to circulate these amendments, but when I read them the House will know what I am proposing.
My first amendment is :
“That the words ‘to be appointed by the President’ at the end of clause
(1) be deleted.”
“In clause (2) in line 4, for the word ‘appoint’ substitute the word ‘fix’ after which insert the following :—
“The appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in this behalf by Parliament, be made by the President.”
“The rest of the clause from the words ‘when any other Election Commissioner is so appointed’ etc., should be numbered clause (2a).
Shri M. Ananthasayanam Ayyangar (Madras : General) : Sir, on a point of order, new matter is being introduced which ought not to be allowed at this stage. Otherwise there will have to be another debate.
The Honourable Dr. B. R. Ambedkar : I hope the Chair will allow other members to offer there views.
Mr. President : In that case I think the best course would be to postpone consideration of this article.
The Honourable Dr. B. R. Ambedkar : These amendments are quite inoffensive; they merely say that anything done should be subject to laws made by Parliament.