Article 289 - Page 764

DRAFT CONSTITUTION 731

[Article 301, as amended by Dr. Ambedkar’s amendment was added to the Constitution]


*Mr. President : You are again assuming that it will be a session of the House.

Shri Jaspat Roy Kapoor : My submission were based on that assumption surely, but I do not know if there can be any other assumption. We find everywhere that members shall be electing the President, Vice-President and members of the Council of States as members of the legislature and in no other capacity. For instance, we find in article 55 that the Vice-President will be elected by members of both Houses of Parliament in a meeting.

The Honourable Dr. B. R. Ambedkar : The wording is “at a joint meeting” and not “silting”.

Shri Jaspat Roy Kapoor : It will be all right if that point is authoritatively stated on the Floor of the House so as to avoid the possibility of this article being interpreted differently....


ARTICLE 289

Mr. President : I will first put the amendment which Dr. Ambedkar has moved last.

The question is :

“That in amendment No. 99 of List I in the proposed article 289—

(i) in clause (1) the words ‘to be appointed by the President’ occurring at the end be deleted.

(ii) for clause (2), the following clauses be substituted :—

‘(2) The election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, us the President may from time to time fix and die 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.”

‘(2a) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Commission.’

(iii) in clause (4), before the words “The conditions of service’ the words ‘subject to the provisions of any law made by Parliament’ be inserted.”

The amendment was adopted.

[Six amendments by other members were negatived.]

[Article 289, as amended was added to the Constitution]

[The Assembly was adjourned until a date in July 1949 to be fixed by the President.]

*CAD, Vol. VIII, 16th June 1949, p. 952.

Ibid., p. 958.