constituent assembly of india debates (proceedings)- volume vii

signature thereto. When the Bill is so authenticated it shall become an Act and shall be published in the Gazette of India."
Sir, before I commend my motion for the acceptance of the House, I consider it my duty to offer a
few words of explanation as to why this amendment has become necessary. Sir, I am sure that
Honourable Members are aware that during the last session of the Constituent Assembly when it met on
the 27th January, certain amendments were proposed and accepted by this House to the rules of the
Constituent Assembly, and one of those amendments was to introduce a new rule 38-V laying down the
procedure for passing of the Bills referred to in Rule 38-A. Sir, that proposed rule 38-V raised a good
deal of controversy and objections were raised by some Honourable Members on the ground that a Bill
passed by the Constituent Assembly for amending the Indian Independence Act or the Government of
India Act 1935 as adapted by that Act should not be subject to the assent of the Governor-General since
such a procedure might detract from the sovereign character of the Assembly. Another objection was
raised on the ground that, if that rule was adopted, the consequence would follow that the Governor-
General might give or withhold his ascent even to a Bill seeking to amend the existing constitution.
Another objection was raised on the ground that there should not be any difference between the
procedure to be adopted for passing the Draft Constitution and for passing a Bill seeking to amend the
existing Act. These objections were discussed and after prolonged discussion, the suggestion made by
Mr. Kamath to refer the proposed rule back to the Draft Committee for re-examination in the light of the
objections raised, was accepted. This suggestion was accepted by the House and the rule was referred
back to the Drafting Committee. The Drafting Committee has considered this rule and their fresh
proposal is before the House. Sir, this new rule dispenses with the ascent of the Governor-General to any
Bill passed by the Constituent Assembly under Rule 38-A. The original rule reads thus:
"When a Bill referred to in Rule 30-A is passed by the Assembly, a copy thereof signed by the President shall be submitted to the
Governor-General for his assent. When the Bill is assented to by the Governor-General, it shall become an Act and shall be published in the
Gazette of India".
I think Members have understood the significance of the change proposed and that I need not
elaborate this point. I commend my motion for the acceptance of the House.
Mr. President: Mr. Kamath has tabled an amendment to this to substitute the words "has been" for
the word "is".
Shri H. V. Kamath : Mr. President, Sir, I move:
"That in the proposed rule 38-V for the words `when the Bill is so authenticated' the words `When the Bill has been so authenticated' be
substituted."
This amendment, Sir, is entirely similar to the one which has been accepted by the House with regard
to another motion moved by my honourable Friend. Mrs. Durgabai. I think it will be happier and more in
consonance with the rules of idiom and usage to substitute the words "has been" for the word "is" so
that, if the amendment is accepted, the proposed rule will read:
"When a Bill referred to in rule 38-A is passed by the Assembly, the President shall authenticate the same by affixing his signature
thereto. When the Bill has been so authenticated, it shall become an Act . . . ." etc.
I commend this amendment for the acceptance of the House.
Mr. President: The motion has been moved and also an amendment to that. If any Member wishes
to speak on the motion, he may do so now.
Shrimati G. Durgabai: I accept the amendment.