constituent assembly of india debates (proceedings)- volume vii

hope that you, whose duty it is to maintain our rights and privileges unimpaired, will not take away by
executive discretion his right to propose his amendment. Sir, this is a matter of great importance. It
relates to a question of principle. I do not think that in practice any conflict will arise between the Chair
and any member of this House but I am anxious that no right, not even the least, that the rules enable
us to enjoy should be taken away from us or whittled down either directly or indirectly. I hope that my
observations will receive the attention of the Chair and that my remarks will be taken in the spirit in
which they have been made. We all mean to be respectful to you. We listen to whatever you say with
great attention and with a desire to act up to your advice but we do earnestly request you not to make
any attempt to trench even on the smallest of our privileges. We ask you to standup for them should
anybody attack them and I trust that the discussion will be carried on in such a way as to enable us to
feel that you are the guardian of our dignity and privileges and will maintain unimpaired every right that
the House enjoys at present under the rules.
Mr. President: I hope I have not given any cause so far in this Assembly to any Member to complain
that I have acted in such a way as to take away any of his rights and I hope to continue the tradition in
the future also.
Maulana Hasrat Mohani (United Provinces: Muslim): Sir, I beg to draw your attention to the fact
that I have already given notice of a motion to the effect:
"That the consideration of the Draft Constitution of India be postponed till the election of a fresh and competent Constituent Assembly
on the basis of Joint Electorates and the formation of political rather than communal parties in India."
I also beg to draw your attention to your ruling when I proposed an amendment to the same effect
on the occasion of the presentation of the report on the principles of a Model provincial constitution, viz.,
that the consideration of the provincial constitution be postponed unless and until we have considered
the Union Constitution.....
Mr. President: We shall take up your amendment in due course.
Maulana Hasrat Mohani: I want to place my motion first.
Mr. Hussain Imam (Bihar: Muslim): The motion that the Bill be considered has not been made and
therefore the amendment cannot be moved at this stage.
Mr. President: That is what I am saying. We shall take it up in due course.
The Assembly then adjourned for Lunch till Three of the Clock.
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The Assembly re-assembled after lunch at Three of the Clock, Mr. President (The Honourable Dr.
Rajendra Prasad) in the Chair.
Shri Mahavir Tyagi : Mr. President, before we rose for lunch, the question put before you for your
consideration was whether the procedure which you had announced regarding the discussions here held
good or whether you will please accede to the request made by my friend Pandit Hirday Nath Kunzru.
According to the rules we have the right to give two days' notice of amendments if they are to be
considered valid. I need not quote the relevant rule. It is known to everybody. We followed it last time.
When the draft of the Constitution was sent to us, I and many others here thought naturally that the
same old procedure with regard to discussion will be followed. Now, many of my friends may not have