COMMITTEE REPORTS

Report of the Committee on the Rules of Procedure

20 December 1946
Remarks

This Committee was appointed on 10 December 1946, and was tasked with drafting the rules and procedures to govern the Assembly’s functioning. Rajendra Prasad was the Chairman and he was joined by 14 other members, including notable figures such as Jagjivan Ram and Pattabhi Sitaramayya. On 20 December, the Committee presented its report to the Assembly.

The Report made a number of significant recommendations. For instance, it suggested redesignating the Assembly’s ‘Permanent Chairman’ as the ‘President’ to avoid any confusion. The Report also outlined the powers of key office bearers and established a quorum for the Assembly’s meetings. Interestingly, while Hindustani or English was recommended the official language for conducting business, members were also given the option to speak in their mother tongues.

The Assembly took up the Report for discussion on 21 December 1946. K.M. Munshi, who presented the Report to the Assembly and requested members to adopt the Report’s recommendations quickly so that the constitution-making could begin its substantive work. Any necessary tweaks could be made at later . The Assembly adopted the Report after two days of deliberation. Indeed, the Report was amended many times during the course of the Assembly’s tenure right up to June 1949.

While this Report may not have directly influenced the substantive provisions of the Constitution of India in 1950, it played a crucial role in setting up the administrative and procedural framework for the Constituent Assembly of India to execute its work. It was frequently referenced during disputes among members over the Assembly’s procedures and was an important point of discussion throughout the constitution-making process.

RULES OF PROCEDURE

Chapter 1

Definitions

Date of Commencement.

CR.RP.1

1. These rules may be called the Constituent Assembly Rules. They shall come into force at once.

Definitions.

CR.RP.2

2. In these rules, unless the context otherwise requires:

(a) “Assembly” means the Constituent Assembly of India.

(b) “Chairman” means the person who for the time being presides over the Assembly or any of its Sections or committees.

(c) “Member” means a member of the Assembly.

(d) “President” means the person elected by the Assembly at its preliminary session as the Chairman under the provisions of the Statement and his successors in office.

(e) “Secretary” means the Secretary of the Assembly.

(f) “Section” means a Section of the Assembly referred to in the Statement.

(g) “Statement” means the Statement of the Cabinet Mission to India and H.E. the Viceroy dated May 16, 1946.

Chapter II

Admission of Members and Vacation of Seats

Admission of Members.

CR.RP.3

3. No member shall take his seat or vote in the Assembly or any Section thereof until he has signed his name in the Register kept for the purpose at a meeting of the Assembly or, if the Assembly is not in session, in the presence of the President.

Resignation.

CR.RP.4

4. (1) A member may resign his office by writing under his hand addressed to the President. (2) On the acceptance of the resignation by the President the seat shall become vacant:

Provided that no resignation from the member representing Delhi or Ajmer-Merwara shall be accepted unless he has resigned his membership of the Indian Legislative Assembly.

Casual Vacancies.

CR.RP.5

5. (1) When a vacancy occurs by reason of death, resignation or otherwise in the office of a member of the Assembly, the President shall notify the vacancy and call upon the constituency concerned to elect a person for the purpose of filling the vacancy.

(2) A candidate for a vacancy shall be such as could be elected by the constituency concerned under the Statement.

(3) When a member ceases to be a member by reason of death, or resignation, or otherwise, the President shall ordinarily make a request in writing to the Speaker of the Provincial Legislative Assembly concerned, or, as the case may be, the President of the Coorg Legislative Council, or the appropriate authority in British Baluchistan, for the election of a person, for the purpose of filling the vacancy as soon as may reasonably be practicable.

(4) Where the vacancy is in the office of a member elected by a Provincial Legislative Assembly, the seat shall be filled by election according to the principle of proportional representation with the single transferable vote by the members of the same community whether General, Muslim or Sikh, in the Legislative Assembly, as had elected him.

(5) Only an Indian, that is to say, a person domiciled in any part of India, may be nominated for election as a member of the Constituent Assembly

(6) As soon as may be after the receipt of the request mentioned in sub-rule (3), the Speaker of the Provincial Legislative Assembly concerned shall appoint, by suitable notification, –

(a) a date, not later than fifteen days after the date of notification, for the nomination of candidates;

(b) a further date, not later than the third day after the first- mentioned date, for the scrutiny of nominations;

(c) a further date not later than two days after scrutiny for withdrawal of his candidature by a candidate; and

(d) a further date not later than twenty-one days from the date fixed for withdrawal on which a poll shall, if necessary, be taken.

(7) The votes shall be given by ballot and in person:

Provided that when the Assembly is not in session, votes may, at the option of the voter, be given in person or by registered post, provided further that no votes shall be given by proxy.

(8) After the votes are duly counted, the result of the election shall be declared and reported to the President.

(9) Save as otherwise provided in these Rules, the elections to the Constituent Assembly shall be held, mutatis mutandis, in accordance with the rules and regulations for the time being in force in regard to elections held by the Provincial Legislative Assembly, and, where no such rules and regulations exist, in accordance with the standing orders that may be made in this behalf by the President of the Constituent Assembly.

(10) The foregoing rules shall apply in relation to Coorg, subject to the following modifications, namely,-

(a) that for “the Provincial Legislative Assembly” there shall be substituted “the Coorg Legislative Council” and for the “Speaker of the Provincial Legislative Assembly”, there shall be substituted the “President of the Coorg Legislative Council” and

(b) that instead of a section of the Provincial Legislature taking part in the election, the non-official members of the Coorg Legislative Council shall take part in it.

(11) On and after the date on which these rules come into force, the member who for the time being represents Delhi or Ajmer-Merwara in the Indian Legislative Assembly shall also be the member representing Delhi or Ajmer-Merwara, as the case may be, in the Constituent Assembly, any other seat held by him in the Constituent Assembly being thereupon deemed to be vacant.

Chapter III

Business of the Assembly

Business.

CR.RP.6

6. (1) The business of the Assembly means the business conducted-

in the Assembly itself;

in the Committee of the whole Assembly;

in the Sections;

in the Advisory Committee referred to in paragraph 20 of the Statement;

in the Steering Committee;

in the Staff and Finance Committee;

in the Credentials Committee; and (viii) in such other committees or sub-committees as may be set up by the Assembly or the Sections or the Advisory Committee or other committees.

(2) The business of the Assembly shall be conducted in New Delhi unless the Assembly resolves otherwise. (3) The conduct of the business of the Assembly and the procedure thereof shall be regulated by the rules and standing orders and the resolutions of the Assembly and by the rulings given from time to time by the Chairman,

Dissolution.

CR.RP.7

7. The Assembly shall not be dissolved except by a resolution assented to by at least two-thirds of the whole number of members of the Assembly.

Date of Meetings.

CR.RP.8

8. The Assembly shall sit on such dates as the President, having regard to the state of business of the Assembly, may from time to time direct: Provided that the President shall not adjourn the session for more than three days at a time except with the permission of the Assembly.

Committee of the Whole Assembly.

CR.RP.9

9. The Assembly may resolve itself into a Committee of the whole Assembly.

Time of Meetings.

CR.RP.10

10. Meetings of the Assembly shall commence at 11 AM except as otherwise resolved by the Assembly or directed by the Chairman.

Arrangement of Business.

CR.RP.11

11. (1) A list of business for the day shall be prepared by the Secretary and a copy thereof shall be supplied for the use of every member before the commencement of the business of the day. The business thus prepared shall be calld the “Orders of the Day”.

(2) Save as otherwise provided in these rules, no business, not included in the Orders of the Day, shall be transacted at any meeting without the leave of the Chairman.

Notice of Motions.

CR.RP.12

12. The business of the Assembly shall be brought before it or its committees by means of-

(a) a motion;

(b) a report of a committee;

(c) an amendment to a motion or an amendment to an amendment.

CR.RP.13

13. (1) Unless otherwise directed by the Chairman, notice of every motion accompanied by a copy of the motion shall be given at least three clear days before the day on which the motion is to be moved in the Assembly.

(2) Every notice required by these rules shall be given in writing addressed to the Secretary and signed by the member giving notice and shall be left at the Notice Office, which shall be open for the purpose between the hours of 11 AM. and 5 P.M.

(3) Notices left when the office is closed shall be treated as given on the next open day.

(4) Where three clear days’ notice of a motion has been given, the Secretary shall send a copy of the motion to the members at least two clear days before the day on which it is to be moved; and in other cases, he shall send a copy to them as soon as possible after notice has been received.

(5) No notice shall be required-

(a) for a motion for an adjournment of the Assembly:

(b) for a motion for adjournment of the consideration of the motion which is under discussion;

(c) for a motion for reference back to a committee:

(d) for a motion that the Assembly do resolve itself into committee of the whole; or

(e) for a motion which, in the opinion of the Chairman, is of urgent and vital importance.

Motions of Adjournment.

CR.RP.14

14. There shall be no motion for an adjournment of the Assembly for the purpose of discussing any matter not included in the Orders of the Day, or not connected with the work of the Assembly.

Quorum.

CR.RP.15

15. (1) The presence of at least two-fifths of the total number of members shall be necessary to constitute a meeting of the Assembly or of any of its Sections, as the case may be:

Provided that when a Section is settling the Provincial con- stitution for any Province included therein, the presence of at least two-fifths of the representatives of that Province shall be necessary.

(2) If the Chairman, on a count being demanded by a mem- ber at any time during a meeting, ascertains that the requisite number of members is not present, he shall adjourn the Assembly till the next day on which it ordinarily sits: Provided that no demand for a count to ascertain the presence of a quorum shall be made within one hour of any previous count.

Seating of Members.

CR.RP.16

16. The members shall sit in such order as the President may appoint.

Member to Rise When Speaking.

CR.RP.17

17. A member desiring to make any observation on any matter before the Assembly shall speak when called upon to do so by the Chairman and shall rise when he speaks, except as permitted by the Chairman. If, at any time, the Chairman rises, the member shall take his seat and cease speaking.

Language in the Assembly.

CR.RP.18

18. (1) In the Assembly, business shall be transacted in Hindustani (Hindi or Urdu) or English, provided that the Chairman may permit any member unacquainted with either language to address the Assembly in his mother tongue. The Chairman shall make arrangements for giving the Assembly, whenever he thinks fit, a summary of the speech in a language other than that used by the member and such summary shall be included in the record of the proceedings of the Assembly.

(2) The official records of the Assembly shall be kept in Hindustani (both Hindi and Urdu) and English.

Motions.

CR.RP.19

19. (1) A matter requiring the decision of the Assembly shall be brought forward by means of a question put by the Chairman.

(2) In all matters requiring to be decided by the members of the Assembly, the Chairman shall exercise a vote only in the case of an equality of votes.

(3) Any question relating to a matter referred to in paragraph 19(vii) of the Statement shall be decided as laid down therein.

(4) Votes may be taken by voices or division and shall be taken by division if any member so desires.

(5) The Chairman shall determine the method of taking vote by division.

(6) The result of a division shall be announced by the Chairman and shall not be challenged.

Amendments.

CR.RP.20

20. (1) An amendment must be relevant to the motion to which it is proposed.

(2) An amendment may not be moved which has the effect of being the negative of the original motion.

(3) (a) Notice of any amendment to a motion must be given at least one clear day before the motion is to be moved in the Assembly.

(b) Notices of any amendment of an amendment must be given before the Assembly meets for the day on which the motion is to be moved.

(4) The Chairman may disallow any amendment which he considers to be frivolous or dilatory.

(5) The Chairman may put amendments to the vote in any order he may choose.

CR.RP.21

21. No question which has once been decided by the Assembly shall be reopened except with the consent of at least one-fourth of the members present and voting.

Closure.

CR.RP.22

22. Any time after a motion has been made, any member may move “that the question be now put” and unless it appears to the Chairman that the motion is an infringement of the right of reasonable debate, the Chairman shall put the motion, “that the question be now put”; and if the motion is accepted, no further discussion on the original motion shall be permitted except for a reply by the member who made the original motion.

Decision on Points of Order.

CR.RP.23

23. In all matters relating to procedure or the conduct of business, the decision of the Chairman shall be final:
Provided that when a motion raises an issue which is claimed to be a major communal issue, the Chairman shall, if so requested by a majority of the representatives of either of the major communities, consult the Federal Court before giving his decision: Provided further that no Section shall trespass upon the functions of the Union Assembly or vary any decision of the Union Assembly taken upon the report of the Advisory Committee referred to in paragraph 20 of the Statement.

Decisions Upon the Report of the Advisory Committee.

CR.RP.24

23-A. It shall be the exclusive function of the Advisory Committee referred to in paragraphs 19 and 20 of the Statement to initiate and consider proposals and to make a report to the Assembly upon fundamental rights, clauses for the protection of minorities and the administration of tribal and excluded areas; and it shall be the exclusive function of the Assembly to take decisions upon such report and further to decide the question of the incorporation of these rights in the appropriate part of the constitution.

Irrelevance or Repetition.

CR.RP.25

24. The Chairman of the Assembly after having called the attention of the Assembly to the conduct of a member, who persists in irrelevance or in tedious repetition, either of his own arguments or of the arguments used by other members in debate, may direct him to discontinue his speech, and the member shall, thereupon, resume his seat.

Power to Order Withdrawal of a Member.

CR.RP.26

25. (1) The Chairman shall preserve order and shall have all powers necessary for the purpose of enforcing his decisions on all points of order.

(2) The Chairman may, in the case of grave disorder arising in the Assembly, suspend any sitting for a period not exceeding three days.

Meetings in Camera.

CR.RP.27

26. (1) The meetings of the Assembly may, in the discretion of the Chairman, be held in camera.

(2) The proceedings of all committees shall be conducted in camera.

(3) The admission persons other than members to the Assembly Chamber and its galleries during the sittings of the Assembly shall be regulated in accordance with the orders of the Chairman.

(4) The Secretary shall cause full reports of the proceedings of the Assembly to be printed and circulated to all members:
Provided that, where any meeting is held in camera, such reports shall be marked confidential and for the personal use of the members only. (5) Where any meeting of the Assembly is held in camera, the Chairman may authorise a summary of the proceedings to be issued to the press.

Chapter IV

The President

Election.

CR.RP.28

27. (1) The President of the Assembly shall be elected by the Assembly from among its members.

(2) The President shall cease to hold office as such if he ceases to be a member of the Assembly.

Vacation of Office.

(3) The President may resign office by writing under his hand addressed to the Secretary for communication to the Assembly. If the Assembly is in session, the resignation shall be read out to the members; if the Assembly is not in session, it shall be published in the Gazette of India; upon being so read out or published, as the case may be, it shall become effective.

Procedure for Filling Vacancy.

(4) When, owing to a vacancy in the office of President of the Assembly, the election of another President becomes necessary, one of the Vice-Presidents appointed in this behalf by the Steering Committee shall fix a date for the holding of the election and the Secretary shall send to every member notice of the date so fixed.

(5) At any time before noon on the day preceding the date so fixed any member may nominate another member for election by delivering to the Secretary a nomination paper signed by himself as proposer and by a third member as seconder and stating –

(a) the name of the member nominated, and

(b) that the proposer has ascertained that such member is willing to serve as President if elected.

(6) On the date fixed for election the Vice-President or other member performing the duties of the President shall read out to the Assembly the names of the members who have been duly nominated together with those of their proposers and seconders, and, if only one member has been so nominated, shall declare that member to be elected. If more than one member has been so nominated, the Assembly shall proceed to elect a President in accordance with the principle of proportional representation by means of the single transferable vote.

(7) The deliberations of the Assembly shall be presided over by the President, when he is present.

(8) The President shall be the guardian of the privileges of the Assembly, its spokesman and representative and its highest executive authority.

Delegation of President’s Functions.

CR.RP.29

28. The President may, subject to such conditions as he may prescribe, delegate to a Vice-President such of his powers and duties as he may think fit.

Appointment of Provisional Chairmen of Sections.

CR.RP.30

29. The President may appoint, from among the members of a Section, a Chairman to preside over that Section until such time as the Section elects its own Chairman.

Chapter V

Vice-Presidents

Vice-Presidents Election.

CR.RP.31

30. The Assembly shall have five Vice-Presidents.

CR.RP.32

31. (1) Out of the five Vice-Presidents, two shall be elected by the Assembly as a whole from among its members in the manner prescribed by the President.

(2) Chairmen elected by the Sections shall be ex-officio Vice- Presidents of the Assembly.

CR.RP.33

32. The President shall fix the dates and times for the nomination and election of the two Vice-Presidents to be elected under rule 31(1).

Vacation of Office.

CR.RP.34

33. (1) A Vice-President shall cease to hold office as such if he ceases to be a member of the Assembly. A Vice-President may resign office by writing under his hand addressed to the President, and, on acceptance thereof by the President, the resignation shall become effective.

Procedure for filling vacancy.

(2) When, owing to a vacancy in the office of an elected Vice-President of the Assembly, the election of another Vice- President becomes necessary, the President shall fix a date for the holding of the election, and the Secretary shall send to every member a notice of the date so fixed.

(3) At any time before noon on the day preceding the date so fixed, any member may nominate another member for election by delivering to the Secretary a nomination paper signed by himself as proposer and by a third member as seconder and stating-

(a) the name of the member nominated, and

(b) that the proposer has ascertained that such member is willing to serve as Vice-President, if elected.

(4) The President shall read out to the Assembly the names of the members who have been duly nominated together with those of their proposers and seconders, and, if only one member has been so nominated shall declare that member to be elected. If more than one member has been so nominated, the Assembly shall proceed to elect the Vice-President in accordance with the principle of proportional representation by means of the single transferable vote.

Person to Preside over Assembly in Absence of President.

CR.RP.35

34. In the absence of the President, such Vice-President as the President may determine shall preside over the Assembly.

CR.RP.36

35. If the President is absent and there is no Vice-President able to preside over the Assembly, the Assembly may choose any member to perform the duties of the Chairman.

Chapter VI

Office of the Constituent Assembly

Head of the Office of the Constituent Assembly.

CR.RP.37

36. (1) The President shall be the head of the office of the Assembly.

(2) The Office shall consist of two branches, an Advisory Branch and an Administrative Branch.

Organization of office.

(3) There shall be a Constitutional Adviser, to be appointed by the President, who shall be the head of the Advisory Branch.

(4) There shall be a full-time Secretary, to be appointed by the President, who shall be the head of the Administrative Branch, provided that if a member of the Assembly is appointed Secretary, he shall resign his office as member.

(5) There shall be under the Constitutional Adviser and the Secretary respectively such other officers and establishments as the President may, on the advice of the Staff and Finance Committee, determine.

(6) The President may make such temporary appointments as are necessary to enable the Sections to meet. Thereafter the Sections may appoint their own Secretaries subject to confirmation by the President and these shall rank as Joint Secretaries in the Office of the Assembly.

(7) The Government of each Governor’s Province in a Section may appoint a Provincial Secretary subject to confirmation by the President and these Provincial Secretaries shall rank as Deputy Secretaries in the Office of the Assembly.

(8) The President shall exercise in respect of the Office of the Assembly all powers of appointment, control and discipline, provided that he may delegate to any officer such of these powers as he thinks fit and subject to such conditions as he may prescribe.

CR.RP.38

37. It shall be among the duties of the Secretary-

(a) to administer the funds placed at the disposal of the Assembly in accordance with the provisions in the budget accepted by the Assembly;

(b) to keep and maintain the records relating to the business of the Assembly; and

(c) to make arrangements for meetings of the Assembly and its Sections and the Committees.

Chapter VII

Committees

Steering Committee.

CR.RP.39

38. (1) A Steering Committee shall be set up for the duration of the Assembly and shall consist initially of eleven members to be elected by the Assembly in accordance with the principle of proportional representation by means of the single transferable vote.

(2) The Assembly may from time to time elect, in such manner as it may deem appropriate, eight additional members, of whom four shall be reserved for election from among the representatives of the Indian States.

(3) The President shall be an ex-officio member of the Steering Committee and shall be its ex-officio Chairman. The committee may elect a Vice-Chairman from among its members to preside over the committee in the absence of the President.

(4) The Secretary of the Assembly shall be ex-officio Secretary of the Steering Committee.

(5) Casual vacancies in the committee shall be filled as soon as possible after they occur by election by the Assembly in such manner as it may determine.

Functions of the Committee.

CR.RP.40

39. (1) The committee shall-

(a) arrange the order of business for the day:

(b) group similar motions and amendments and secure, it possible, assent of the parties concerned to composite motions and amendments;

(c) act as a general liaison body between the Assembly and its Office, between the Assembly and the Sections, between the Sections inter se, between committees inter se, and between the President and any part of the Assembly; and

(d) deal with any other matter under the rules or referred to it by the Assembly or the President.

(2) The President may make standing orders for the conduct of the business of the Steering Committee.

Staff and Finance Committee.

CR.RP.41

40. (1) A Staff and Finance Committee shall be set up consisting of-

(a) the President,

(b) the five Vice-Presidents, and (c) nine other members to be elected in such manner as may be determined by the President.
Functions of in the committee.

(2) The functions of the committee shall be-

(a) to advise the President regarding the posts to be created the Office of the Assembly, and the salaries and emoluments to be attached thereto;

(b) to recommend to the Assembly the allowances to be paid to the officers and members of the Assembly and its committees; and

(c) to frame a budget or supplementary budget for submission to the Assembly.

(3) The President may make standing orders for the conduct of the business of the committee.

(4) The Finance and Staff Committee shall invite the Auditor-General to audit the accounts of the Assembly.

Credentials Committee.

CR.RP.42

41. A Credentials Committee shall be set up for the duration of the Assembly for the purpose of dealing with all questions relating to the validity of the title of elected or other members.

CR.RP.43

42. (1) The committee shall consist of five members who shall be elected by the Assembly.

(2) The committee shall have power to co-opt additional members not exceeding two in number.

(3) Casual vacancies in the committee shall be filled as soon as they occur by election by the Assembly or by co-option, as the case may be.

Other Committees.

CR.RP.44

43. (1) Any other committee may be set up by a motion in the Assembly or a Section according as the business of the committee relates to the Assembly or the Section.

(2) The members of every such committee shall be elected according to the principle of proportional representation by means of the single transferable vote.

(3) The Secretary of the Assembly shall be ex-officio Secretary of every such committee, unless the motion by which the committee is set up otherwise provides; and the Secretary of any Section shall be ex-officio Secretary of every committee set up by that Section, unless the motion by which the committee is set up otherwise provides.

(4) Unless the motion by which a committee is set up other- wise provides, the committee shall appoint one of its members as Chairman who shall regulate the work of the committee.

CR.RP.45

44. The motion by which a committee is to be set up shall state the quorum necessary to constitute a meeting of the committee and the time within which the committee shall present its report.

CR.RP.46

45. The report of a committee shall be presented to the Assembly or to the Section, as the case may be, by the Chairman of the committee and a copy thereof shall be forwarded to the Office of the Constituent Assembly.

Chapter VIII

Budget.

CR.RP.47

46. (1) A statement of the estimated expenditure of the Assembly shall be prepared by the Staff and Finance Committee and placed before the Assembly for approval.

(2) Supplementary statements may be similarly placed before the Assembly in accordance with the directions of the President.

Chapter IX

Salaries and Allowances

CR.RP.48

47. (1) Allowances of the members shall be fixed by the Assembly on a motion approved by the Staff and Finance Committee. The committee may make standing orders providing for special allowances to members in particular cases as well as for allowances to non-members engaged on the work of the Assembly.

(2) The salaries and allowances of the servants of the Government of India or any Provincial Government or any other authority whose services are placed at the disposal of the Assembly shall be such as may be agreed upon between the Government or other authority concerned and the President acting on the advice of the Staff and Finance Committee. The salaries and allowances of all persons recruited directly shall be such as may be fixed by the President on the advice of the Staff and Finance Committee.

Chapter X

Doubts and Disputes as to Elections

Definitions.

CR.RP.49

48. In this Chapter, unless there is anything repugnant in the subject or context,

(a) “Candidate” means a person who has been nominated as a candidate at any election or who claims that he has been so nominated or that his nomination has been improperly refused;

(b) “Returned Candidate” means a candidate whose name has been published in the appropriate Official Gazette as a duly elected member of the Assembly.

Election Petition.

CR.RP.50

49. No election shall be called in question except by an election petition presented in accordance with the provisions of this Chapter.

Presentation of Petition.

CR.RP.51

50. (1) An election petition against any returned candidate may be presented to the President by any candidate or elector on the ground of any irregularity or corrupt practice:

(i) in the case of the first elections to the Assembly, within seven days from the date on which these rules come into force;

(ii) in the case of subsequent elections within thirty days from the date on which the results of the elections are published in the appropriate Official Gazette.

(2) An election petition shall be deemed to have been presented to the President when it is delivered to the President or to any officer appointed by him in this behalf:

(a) by the person making the petition; or

(b) by a person authorised in writing in this behalf by the person making the petition; or

(c) by registered post.

Deposit of Security.

CR.RP.52

51. At the time of the presentation of the petition, or, in the case of any petition presented before the date on which these rules come into force, within seven days from such date, the petitioner shall deposit the sum of rupees one thousand in cash or in Government promissory notes of equal value at the market rate of the day as security for the costs of the case.

Reference to Credentials Committee.

CR.RP.53

52. (1) If the provisions of rule 50 or rule 51 are not complied with, the President shall dismiss the petition:

Provided that if the person making the petition satisfies the President that sufficient cause existed for his not presenting the petition within the period prescribed in rule 50, the President shall have discretion to condone the failure to comply with that rule.

(2) If the petition is not dismissed under the preceding sub-rule, the President shall, if he is satisfied that sufficient grounds exist for such action, refer the petition to the Credentials Committee.

Inquiry into President.

CR.RP.54

53. The Credentials Committee shall, with due despatch, inquire into the allegations made in the petition and, subject to the provision of the next succeeding rule, submit a report to the President.

CR.RP.55

54. The Credentials Committee may, if they think fit, recommend to the President that an election tribunal be appointed to inquire into the petition.

CR.RP.56

55. Where such a recommendation has been made, the President shall appoint an election tribunal consisting of one or more than one person to inquire into the petition.

CR.RP.57

56. On the conclusion of the inquiry, the election tribunal shall make a report to the President.

CR.RP.58

57. On receipt of the report of the Credentials Committee or the election tribunal, as the case may be, the President shall issue orders in accordance therewith.

Chapter XI

Consideration of Draft Constitutions.

CR.RP.59

58. (1) The Assembly shall, before finally settling the new Union constitution, give an opportunity to the several Provinces and States through their legislatures to formulate, within such time as it may fix, their views upon the resolutions of the Assembly outlining the main features of the constitution or, if the Assembly so decides, upon the preliminary draft of the constitutions.

(2) Before the constitution of any Province is finally settled, an opportunity shall be given to it to formulate, within such time as may be fixed for the purpose, its views-

(a) upon the resolutions outlining the main features of the constitution or, if the majority of the representatives of the Province so desire, upon the preliminary draft of such constitution, and

(b) upon the preliminary decision of the Section concerned, as to whether a Group constitution shall be set up for the Provinces included in the Section and, if so, with what provincial subjects the Group should deal.

Chapter XII

Miscellaneous

Regulations Regarding Elections on the Principle of Proportional Representation.

CR.RP.60

59. All elections in the Assembly to be held on the principle of proportional representation by means of the single transferable vote shall be conducted mutatis mutandis in accordance with the regulations in force in this behalf in the Indian Legislative Assembly.

Power of Assembly or Any Committee to Act Notwithstanding Vacancies.

CR.RP.61

60. Subject to the requirement of a quorum prescribed by or under these rules, the Assembly and any committee set up by the Assembly shall have power to act notwithstanding any vacancy in the membership thereof.

Amendment of Rules.

CR.RP.62

61. No new rule shall be made nor shall any of these rules be amended or deleted except after a reference of the proposal so to make, amend, or delete the rule to the Steering Committee, which shall report to the Assembly within two weeks of the receipt of the reference.

Rules of Procedure for Sections.

CR.RP.63

62. Save as otherwise provided in these rules, the provisions thereof shall apply mutatis mutandis to the Sections and the committees of the Assembly. The Sections may make standing orders not inconsistent with these rules.

Removal of Difficulties.

CR.RP.64

63. Where, in the opinion of the President, any difficulty arises in the carrying out of these rules, or in respect of any matter for which no provision is made in these rules, the President may, notwithstanding anything contained therein, make such provision as he thinks fit for the purpose of removing the difficulty.