DR. AMBEDKAR AND THE HINDU CODE BILL 1245
Sardar B. S. Man : Even when the orders are issued directly by the President ? Of course, the constitutional presumption is there that these orders are issued on the advice of the Cabinet. The situation in the Punjab is that it is governed directly by the President. Of course the responsibility for any orders issued by him would fall on the Cabinet, but when the orders of the President are to be discussed, how can I refer to them except as orders of the President ?
Mr. Chairman : The Constitution very definitely says that everything that the President does shall be on the advice of his Council of Ministers and that explains every act of the President.
Sardar B. S. Man : Suppose I want to refer to the orders made by the President in relation to Punjab, I can only refer to them as the orders of the President, though the presumption remains that they are made by the President on the advice of his Cabinet. I would like to have a clear ruling from you on that point.
Mr. Chairman : I think the point has been made claear already by Dr. Ambedkar and whatever explanation he has given applies to this category of orders as well, to which the Hon. Member has just referred.
There are two positions; one is that the President are not to be criticised, the other is that the President, whatever he does, does it on the advice of his Cabinet. If these two are taken into consideration, the conclusion will be that even though his actions are based on the advice of the Cabinet, yet thery are not to be criticised.
Sardar B. S. Man : Even if they are unconstitiutional—even if they are bad ? I can always say that this advice which has been tendered to the President is bad advice.
Mr. Chairman : We have accepted the provison in the Constitution that the President’s actions are not to be criticised.
Sardar B. S. Man : We can even move a no-confidence motion.......
Dr. Ambedkar : You can move a no-confidence motion in the Government, not the President.
Shri Damodar Menon (Travancore-Cochin) : Has not this House a right to impeach the President ?
Dr. Ambedkar : That is a separate matter altogether.
Mr. Chairman : I would, in this connection, refer the House to clause (VI) of Rule 159 of our Rules of Procedure which says :