Then, Sir, in passing, I would like to make one observation. In this Constitution we have already provided for the ordinance-making power of the President. When Parliament is not in session the President has been empowered to issue ordinances if he is satisfied that the circumstances so require. Now I want to show how such powers can be abused. We, in good faith, pass certain articles giving certain powers hoping that they will he rightly used; but in connection with this ordinance-making power, a couple of days ago, a certain thing happened which, from my meagre knowledge of the provisions in the Government of India Act as adapted is an abuse of the power vested in the Governor-General. Now I am not speaking of the merits of the particular Ordinance. The Ordinance for the Recovery of Abducted Persons was re-promulgated on Sunday last, two days ago. Here I would invite your attention to the Government of India Act as adapted by the India Order of 1947. The relevant section concerning ordinance-making does not provide for the re-promulgation of an Ordinance before the date of its expiry. The Ordinance expired last Sunday; but the day before, that is, Saturday, a Press Note was issued to the effect that the Ordinance will be extended from Sunday itself and that too when the Assembly was in session. So far as the Constituent Assembly is concerned, the India Act makes no difference whether it functions as a Constitution-making body or as a legislature. Therefore it would have been in the fitness of things if that Ordinance had been brought before this Assembly sitting as the legislature for a day for the purpose of considering that Ordinance. If that had been done it would have been far better than this re-promulgation. This, Sir, is one of those instances which show how powers conferred can be misused, have been misused and will be misused. We must, as far as possible provide for safeguards against the abuse of power by Governments or organisations.
