This question that I would ask the House to consider is whether an amendment of the Rules of Procedure of this House will have the effect of really vesting the Court with the jurisdiction of executing orders for costs passed by the President. The Code of Civil Procedure can only be amended by an amending Act. We have already decided in this House that this Constituent Assembly will sit in two different capacities-one as a constitution-making body which it is now, and the other as a legislative body in another chamber. We have decided also that amendments to the Government of India Act and the Indian independence Act can be made in the House, and we have just now passed a Bill to amend the Government of India Act, 1935, in this House. With regard to the proposed amendment of the Code of Civil Procedure the proper procedure would be a real downright amendment of the Code by means of a Bill, and if that course is considered advisable, the proper venue would be this House in its legislative capacity where a proper Bill is to be introduced. If it is considered so urgent that this provision should find a place on the Statue Book at once, the Governor-General may be approached for an Ordinance and in due course this Ordinance may be replaced by a permanent statutory enactment effecting a proper amendment of the Code of Civil Procedure. The difficulty as I submitted, would be whether an amendment of our Procedural Rule would really vest the Court with the necessary jurisdiction. I await a clarification of the situation by competent authorities.
