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Showing contexts for: Amendment moved in Constituent Assembly Debates On 19 May, 1949 Part IMatching Fragments
The motion was adopted.
Article 75-A was added to the Constitution.
* Article 76 Mr. President : The motion is :
"That article 76 stand part of the Constitution."
(Amendment No. 1512 was not moved.) Mr. President : Amendment Nos. 1513, 1514, 1515 are all verbal and therefore disallowed.
Amendment No. 1516 by Mr. Naziruddin Ahmad.
Mr. Naziruddin Ahmad : I do not wish to formally move this amendment, but I want to make a few remarks. A similar amendment of mine was very kindly characterised by Dr. Ambedkar as absurd. I submit, Sir, my amendment was not absurd. There is yet time to reconsider the matter in the Drafting Committee. What I wanted to submit to the House was that if the Deputy Chairman loses his seat by resignation or by losing his membership, and if he is re-elected as a member, he should not be debarred from contesting. The only difficulty was in clause (c) of article 74. I think it is a very substantial matter that if a Deputy Chairman loses his seat but is re-elected, then he should not be debarred from contesting. That was the point I wanted to bring to the notice of the House. The House has already declared itself against the amendment, and so I do not wish to move it. I only submit that the amendment is not at all absurd but rather very reasonable.
(Amendments Nos. 1523 and 1524 were not moved.) Mr. Naziruddin Ahmad : Amendment No. 1525 is verbal.
Mr. President : I also thought so.
(Amendments Nos. 1526, 1527 and 1528 were not moved.) I think these are all the amendments to article 77. There is only one amendment moved to this article.
Prof. Shibban Lal Saksena (United Provinces : General) : Sir, I wish to oppose the amendment moved by Mr. Kamath. I feel that he has forgotten that the President is the Executive head and we want that the Speaker and the Deputy Speaker should be completely independent of the Executive and when, therefore, it is provided that the Speaker should send in his resignation to the Deputy Speaker, it only means that the independence of the Speaker and the House over which he presides should be maintained. If we send it to the President, it means we send it to the Executive. It is a very healthy principle that the Speaker and the Deputy Speaker should be completely independent of the Executive. I therefore hope that Mr. Kamath will not press his amendment.
Mr. Tajamul Husain : Mr. President, Sir, I support the amendment moved by my honourable Friend Mr. Kamath and I think that when the Speaker wishes to resign, he should send his letter of resignation not to an office who has been working under him, but to someone higher in authority, i.e., the President of the Republic. This would be better, Sir, I think, for the dignity of the House. My honourable Friend Prof. Saksena said that he wants to keep the dignity of the House. The House of the People is intermingled with the President in many ways and you cannot separate one from the other; it is impossible; and the President of the Republic, after all, Sir de jure is the head of the House of the People. These are the two heads and it is really eight and proper that when he wishes to resign, the letter should go to the highest tribunal that is the President, than to his subordinate. With these words, I support the amendment moved by my honourable Friend Mr. Kamath.
* Article 78 Mr. President : The motion is :
"That article 78 form part of the Constitution."
(Amendments Nos. 1529 and 1530 were not moved.) The amendment to amendment No. 1530 does not arise because the amendment itself is not moved.
(Amendment No. 1531 was not moved.) There is no amendment that has been moved to article 78.
The question is :
"That article 78 stand part of the Constitution."
The motion was adopted.
Article 78 was added to the Constitution.
* New Article 78-A Mr. President : There is notice of an amendment by Mr. T. T. Krishnamachari to add a new article 78-A. Shri T.T. Krishnamachari : Mr. President, Sir, I move :