Constituent Assembly of India Debates

that all powers have been vested in the Constituent Assembly. There is nothing
outside it when we are in session, we can do anything and at any time. It is a different
thing that for our convenience we may hold discussions on constitution from ten to
one. After that, from three to five we may discuss administrative matter& We have full
authority for both and legally there is nothing to prevent us from doing so. I think that
the persons who say that there are legal restrictions ion our way, go against the law.
They should study the Act of Independence and should know that the administration is
in our hands. We can also adjourn and leave Delhi for the present and may be reached
later after a month or two to function as a legislature. Therefore, the point of order
that has been moved is not right. There is only one comprehensive aspect of this
Assembly and it includes framing' of the constitution as well as the carrying on of the
administration.]*
Shri T. Prakasam (Madras: General): Sir, it is wrong to say that the status of this
Sovereign body of the Constituent Assembly is one and indivisible. After 15th August
this body became the Sovereign Body not only in regard to the framing of the
Constitution but also with regard to doing the work necessary as the Sovereign
Legislative. Now, Sir, I have got a certain matter to be placed before the Sovereign
Legislature which is closely connected with the framing of the Constitution. According
to me until those matters are settled in the Legislature, this constitution-making also
cannot be proceeded with. Therefore this House must have a dual capacity and
whenever it is necessary, this House can convert itself into a Sovereign Legislature to
consider one or two important questions without wasting time relating to framing the
Constitution itself and then again converting itself into a Constituent Assembly for
framing the Constitution. That is the correct position and the constitutional position.
Therefore it should not be considered as having an exclusive status, indivisible, and it
should not continue framing the Constitution without caring for the other matters that
may come here.
Mr. President: I think we have had enough discussion on this point. There are two
questions which have actually been raised, one with regard to the status of the
Assembly as it is today and the other regarding the incidents which have taken place
on the 14th/15th. I would now ask the Leader of the House to make any statement
which he wishes to make on both the points or any of the points.
The Honourable Pandit Jawaharlal Nehru (United Provinces: General): Mr.
President, Sir, I am not quite sure which of these two questions I am supposed to take
first. I am suffering under a disadvantage. I have been trying to follow what has been
said in this House very closely; but roughly speaking I have heard about one-fourth of
what has been said. I do not know whether the accoustics of this hall has changed or
owing to our experiences of the last few days our voices have changed or something
has happened. It is either a roar or whisper. I found it difficult to follow either the roar
or the whisper.
If I may deal with the constitutional point that has been raised more or less as a
layman than as an expert, it seems to me perfectly clear that this House is obviously a
Sovereign body and can do just what it likes, admitting that the House does only
things which its itself decided to do. It can change its own decisions. It can change its
own Rules but so long as the rules subsist, it follows its own rules. If it wants, it can
change them. Therefore there is no doubt that this House has the right to carry on as
a Legislative Assembly if it wants to from tomorrow or any time it likes but before
doing so, it should come to that decision and frame its rules accordingly. I would