constituent assembly of india debates (proceedings)- volume vii

sent in their amendments in full in the hope that we would discuss these matters here and then give
notice of our amendments after a discussion between ourselves. The old arrangement of two days' notice
enabled us to meet in groups or parties and discuss and send in amendments. If this practice is to be
guillotined and we are not to be permitted to give notice of amendments as we proceed clause by clause,
it will not be fair for those who have only just now joined the Assembly. There are many who have
signed the Register today and got the papers of the Assembly a few hours ago. The draft Constitution is
a huge volume which we want to read and consider. If you accede to the request of my friend Mr. Kunzru
and permit the new-comers to study the Draft Constitution as the discussion proceeds it will facilitate
them to send their amendments in time and have their say. Otherwise, the new arrivals will not be
accommodated at all.
Mr. President, we are the Constituent Assembly and are making the Constitution. An ordinary law
which is considered by the Legislative Assembly and passed can be amended once very month or so. But
the Constitution is not amended every now and then. We are making a Constitution for centuries to come
and it cannot be amended easily, as easily as we can amend a legislative enactment. Therefore, full
facilities should be given to the Members of this House to have their say.
Therefore, I repeat the request that you may please consider that the two days' time given in the
rules is not taken away and allow amendments subject to their relevancy to the motion under
consideration. Amendments may not be moved which have the effect of negativing the main motion
except as permitted by the Chairman. Notice of amendments to a motion must be given one clear day
before the motion is moved in the Assembly. This rule being there, I submit ,unless we change the
rules..............
Mr. President: The relevant rule is 38-0.
Shri Mahavir Tyagi: It says:
"If notice of a proposed amendment has not been given two clear days before the day no which the Constitution or the Bill, as the case
may be, is to be considered, any member may object to the moving of the amendment, and such objection shall prevail, unless the
President in his discretion allows the amendment to be moved.
Do you mean to interpret this rule 38-0 in such a way that the whole Constitution.........
Mr. President: I hope the Honourable Member will not drive me to give a decision on that point
today. You had better leave it there. (Laughter).
Shri H. V. Kamath : Arising from the pronouncement made by you this morning, may I seek
clarification on two points?
Shri Algu Rai Shastri (United Provinces: General):*[Mr. President, I find that Honourable Members
stand up to intervene in the debate. I request that I may also be given a chance to speak.]*
Shri H. V. Kamath: May I seek a little clarification of the announcement you made this morning?
You were pleased to say that the Assembly would adjourn on 9th December for a few days. Do we
adjourn on that day irrespective of whether we complete the consideration of the Constitution or not?
Mr. President: Nothing of the sort. I only suggested some sort of time table which I considered to
be fair. It is for the House to decide whether they would go on up to 9thof December next year.
(Laughter).