PARLIAMENTARY DEBATES 773
(39)
CONDUCT OF A MEMBER OF PARLIAMENT
- The Minister of Home Affairs (Shri Rajagopalachari):
Of course, the Law Minister will speak with greater authority. The article that is referred to as well as any other rule is conceived and put down in a form of words for application in the ordinary course. There are, however, certain general principles which guide every procedure which has the quality of a judicial procedure. Any law or any rule must be interpreted and applied so that the law itself may not be circumvented. Here is a case where proceedings were started in order to enquire into the conduct of a Member. It appears to me a matter of fundamental general principle that the object and procedure of Parliament cannot be circumvented by a technical act like this. Therein comes what Mr. Santhanam points out that the words “as soon as” is not there automatically to bring about a vacancy. Apart from any technical defect in the matter, the general principle. I submit, is important that the law is intended for the ends of law and not to be circumvented.
Mr. Deputy Speaker: Let us hear the Hon. Law Minister.
The Minister of Law (Dr. Ambedkar): The point has come upon me quite suddenly and I am therefore only expressing, if I may say so, my first impressions, after reading article 101, clause (3). Vacation of a seat may take place for the reasons which have been specified in Articles 101 and
- Article 101, clause (3) sub-clause ( b ) refers to resignation by a Member of Parliament; the clause under which the hon. Member whose conduct is the subject-matter of investigation has acted. There is also another article which deals with disqualifications of Members for being chosen and for being a Member. If a Member falls under any of the conditions
- P. D., Vol. 14, 27th August 1951, pp. 3247-48.