774 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
mentioned in Article 102, he also vacates his seat. The question that arises for consideration is whether Articles 101 and 102 are exhaustive or whether there is any other article in the Constitution which also may operate independently although the case does not fall under articles 101 and 102. My submission is this, that Article 105(3) is an additional power, given to Parliament to bring about a vacancy of a seat and is not concluded by anything contained in article
101 and article 102.
This is a case where a Member has committed a breach of privilege and when the House takes it upon itself to come to a finding that the breach of privilege has been committed and that the case is so serious that an expulsion may be ordered, the House can order the expulsion under article 105(3). The House is competent to do so, because of what is stated in Article
105(3), where it is stated that the powers etc. of Parliament shall be those of the House of Commons, and any reference to May’s Parliamentary Practic. I think, will show that expulsion is one of the powers of the House of Commons and one of the powers that it possesses for punishing a breach of privilege. Therefore the powers to bring about a vacancy in a seat by ordering an expulsion is there under articl 105(3) and that is in no way abrogated by the provisions contained in articles 101 and 102. The only other question that arises for consideration is this, whether the proceedings that have already been started against the hon. Member under provisions of article 105 by a specific order of Parliament can, so to say, come to an end if the Member chooses to resign under the provisions of Article 101. My humble submission is that an hon. Member cannot bring about a stoppage of the proceedings under article 105 by resorting to Article 101. These proceedings must continue, notwithstanding the fact that the hon. Member has brought about his resignation under Article 101, and in fact it is not possible for Parliament to inflict a direct punishment upon him by virtue of their proceedings. Therefore, it may still be open for Parliament, notwithstanding the resignation of the hon. Member to proceed with the proceedings which have been already started under Article 105.