The Gazette of India
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NEW DELHI, MONDAY, OCTOBER 17, 1949
GOVERNMENT OF INDIA
CONSTITUENT ASSEMBLY OF INDIA New Delhi, the 15th October, 1940
No. CA/37/Cons. 49.—The following amendment mode by the Constituent Assembly of India in the Constituent Assembly Rules on 15th October 1949 is published for general information:—
AMENDMENT
That for rule 38-R of the Constituent Assembly Rules, the following rules shall be substituted namely:—
Revision of
the Consti-
tution by
the Drafting
and the con-
sideration of
the amend-
ments re-
commended
by them.
"38-R. (1) When a motion that the Constitution be taken into consideration has been carried and the amendments to the Consti- tution moved have been considered, the President shall refer the Constitution as amended to the Drafting Committee referred to in sub-rule (1) of rule 38-L with instructions to carry out such re- numbering of the articles, clauses and sub-clauses, such revision of punctuation and such revision and completion of the marginal notes thereof as may be necessary, and to recommend such formal or con- sequential or necessary amendments to the Constitution as may be required.
(2) After the Constitution has been referred to the Drafting Com- mittee, the report of the Committee shall be presented to the Assembly by the Chairman or any other member of the Drafting Committee and thereafter the Chairman or other member of the Committee may move that the amendments recommended by the Committee in the Constitution so referred to them be taken into consideration:
Provided that no such motion shall be made until after the report of the Drafting Committee together with the copies of the Constitu- tion as revised by them has been made available for the use of members and that any member may object to any such motion being made unless the report and the copies of the Constitution as so revised have been made available five clear days before the date on which the motion is made, and such objection shall prevail unless the President in his discretion allows the motion to be made
2052 THE G A a E t o a ^ t ' ^ i m ^ X T K A O i i D l N A l t y, oOT 17 &&consequential upon an amendment recommended in any provision oi the Constitution by the Drafting Committee ,ait'er J.he Constitution was roiorred to them under sub-rule (1) but nhali not be allowed to move any other amendment.
(5) If notice oi a proposed amendment has, not been given tv/v clear days before the day on wlueh the motion referred to in sub-nil* (2J is to be taken up for consideration, any member mav object to tht moving oi the amendment, and s wb objection shall prevail unless the President in hib discretion allows the amendment to be moved
(6) Notwithstanding anything in t'hehy rule'-, all tlie jmondrnentt recommonded by the l)rafting Committee, atter tho Constitution wa1- referred to them under sub-iule (1), shall be deemed *xs have been moved, and it shall not be necessniy for the Pit_sident to yut each "£ those amendments separately to vote,
(7) The provisions of aub-rulan (2) and (8) ot iui\ ^8-P hhall a-ppb to every amendment of which notice has boon given under sub-ruli' (5), and notwithstanding anything in these rulet it shall be in th'- diHoretion of ike Prcsidont to disallow iui) amendment of which notice hafe been HO given
(&) The President shall xillot nut more than two days for the con- sideration by the Assembly of all amendments after fhe Liottoi referred to in sub-rule (2) has been carried and bhall, uti the tim. appointed by him for the close of the sitting of the Assembly en tht last oi the allotted days, forthwith put every question necessary to dispose of nil the outstanding matters in connection with those amendments, a-nd in the oase of amendments recommended by the "Drafting Committee (is such, he fthall put only the question that the amendments so reoommonded, be made or that the amendments BO j'ccommendod OR modified by any amendment or amendments adopt- ed bv tho Assembly be made, as the case may be.
(9) For the purpose of bunging to a conclusion any proceedings relating to, such amendments on the last of the allotted days, thi* President shall have power to select the amendments to be proposed
Pwring of tbn Oontti- tnftfon.
38-1-lE. (1) When the amendments to the Constitution referred to the drafting Committee undoi sub-rule (1) of rule 38-K have boen connidered, unv member may move that the Constitution ns settled by the Assem&ly be passed, and to a motion so made no further amendment ahal] be allowed to be moved.
(2) Tho President may tU u time-limit for speeches during tho debnte on a motion made under f>ub-rule (1).
(3) Tk" President ma} in relation to any proceedings an connec- tion with the passing of the Constitution under rule 88-E or thi" mje relax or suspend anv of these rulefl
By Order,