294 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
a recommendation is obtained, that would meet the requirements of clause (3) of Article 117. But while that is so, I think there is one practical point which must be considered. The House must not readily assume that the President will give his assent or recommendation whenever it is asked. If a financial liability is involved, the President will have to consider the matter in detail and find out whether the financial condition of the country is such as he could agree to take more financial liability. It is possible that the President may refuse his recommendation, in which case the labour spent by the House would be wasted. I think, therefore, there is no harm in adopting or suggesting the rule that whenever there is any bill projected before the house which involves or is likely to involve expenditure from the Consolidated Fund, the House should insist that immediately, before the consideration stage begins, the Member in-charge should produce a recommendation from the President so that the House may be engaged in labours which may ultimately not turn out to be fruitless.
Mr. Deputy Speaker: We have heard this point in extenso. I entirely agree with the Hon. the Law Minister in coming to the conclusion that ‘appropriation’ as used in Article 110, Sub-clause (1) (d) is only a term of art and it applies only to cases which are referred to in Article 114. Therefore the provisions do not militate against the provisions of Article 117
(1). Of course, it involves expenditure from the Consolidated Fund and therefore comes within the purview of sub-clause
(3) of Article 117.
Mr. Chairman : So far as the word “mechanical” goes it appears the defect must be something relating to the machine. So far as the word “construction” used by Mr. Sidhva goes, it does not look quite opposite. The word “structural” better explains the meaning. At the same time, if both the words are taken away the wording will be merely “defective” which perhaps will be more vague than now. So
P. D., Vol 10, Part II, 18th April 1951, pp. 7006-8.