Constituent Assembly of India Debates

Shri K. Santhanam: I am speaking on the point of order. There are two issues on
this point. What is the status of this Assembly? Having defined the status, it has to be
determined as to how it should function. Now, it is argued that it has got a double
status, one as the Constituent Assembly and the other as the legislature. My own view
is that it has got only one status. This is the Constituent Assembly. According to the
Indian Independence Act, it is stated that the powers of the legislature of the
Dominion shall be exercise able in the first instance by the Constituent Assembly of
the Dominion. It is this Assembly, one indivisible integral body which has to exercise
the powers of the Dominion legislature. Therefore, there is no purpose, there is no
meaning in dividing this House into two, consisting of the same members. I think it is
illegal to say that this is a Constituent Assembly today and this is a legislature
tomorrow. It is one body. For the sake of convenience, we may devote some time to
one work and some to the other and we may, if necessary have two sets of rules. I do
not think it is legitimate for anyone to raise the point that today this is not a
legislature and therefore it cannot raise an issue and tomorrow it is only the
legislature and therefore another issue cannot be raised. We must treat it as one
body. A Committee may be set up to frame rules of procedure as to how to regulate
both these functions. Therefore, I suggest that no premature decision or ruling. should
be given today as to the status of this body. It should be carefully considered by
lawyers and we should not commit ourselves to anything which may lead to all kinds
of difficulties.
Mr. Tajamul Husain (Bihar: Muslim): Now, Sir, we are here as members of the
Constituent Assembly. No doubt we assumed powers as members of the Union
Parliament on 15th August; but we to-day were summoned by you to attend the
session of the Constituent Assembly and not of the Union Parliament. We, Sir, are
governed here by the Rules of Procedure and Standing Orders which were framed in
this House. There is no other rule under which we are governed, and we are bound by
these Rules. To-day we are meeting as members of the Constituent Assembly and not
as members of Parliament--because if had been meeting as Parliament, all the
members of Indian Government should have been present here to-day-now
supposing, Sir, a very urgent and important matter connected with public education is
taken up, you would require the presence of the Member in charge of Education, but
he cannot be here as he is not a member of the Constituent Assembly. Therefore I
submit that though the matter under discussion is undoubtedly very important and
some serious action has to be taken by the Honourable the Prime Minister of India, we
are absolutely powerless under our Rules to discuss this matter. Therefore my point of
order is that we are meeting today as members of the Constituent Assembly and as
such we are bound by our own Rules and we cannot discuss the matter which has
been raised.
Shri R. V. Dhulekar (United Provinces. General): *[Mr. President, I do not agree
with the point of order that has been raised. Since August 15, this Constituent
Assembly has assumed full powers. It has no longer a dual aspect. Before August 15,
this body was a Constituent Assembly and at that time, it could be said that it, had no
power of legislation or of making changes in the country's administrative functions.
Since August 15, it has assumed full powers of administration including the power of
framing the Constitution and we can perform those functions while sitting here at one
place.
Another question has been raised and it is that on August 15, it was said that the
next session of the Constituent Assembly would begin on the 20th. I would like to add