Speaking generally on the article, I agree with Mr. Kamath that the simple term “Constituent Assembly” has been expressed in a very verbose and round about manner, namely, “the body functioning as the Constituent Assembly of the Dominion of India immediately preceding before the commencement of this Constitution”. For this long, expression, the mere term “Constituent Assembly” would have been enough. That is a well-defined and well understated expression and was brought into being by the Independence of India Act, and did not require further amplifications. But I do not quite agree with Mr. Kamath when he says that this provision is totally unnecessary. There is a provision in the Independence of India Act which says that the powers laid down under the Government of India Act as modified, shall be exercised by the Constituent Assembly, apart from its duty of framing the Constitution. That power is confined to carrying on all the duties under the Government of India Act as adapted by the Governor-General. But this article 311 empowers the Constituent Assembly to carry on the powers “under this Constitution” as distinguished from being under the Government of India Act as so adapted. The Government of India Act and this Constitution are essentially different Acts, and an article like this is absolutely necessary in order to enable the present Constituent Assembly to function and do the work under “this Constitution” until the new Houses of Parliament are duly constituted after a general election.
