{"id":1756,"date":"2026-04-26T05:00:00","date_gmt":"2026-04-25T23:30:00","guid":{"rendered":"https:\/\/bharatlex-rinkutai.com\/?p=1756"},"modified":"2026-04-21T13:14:28","modified_gmt":"2026-04-21T07:44:28","slug":"procedure-prescribing-election-of-permanent-chairman-of-constituent-assembly","status":"publish","type":"post","link":"https:\/\/bharatlex-rinkutai.com\/?p=1756","title":{"rendered":"Procedure Prescribing Election of Permanent Chairman of Constituent Assembly"},"content":{"rendered":"\n

Proceedings of Tuesday, 10th<\/sup> December, 1946<\/h2>\n\n\n\n

Although the procedure prescribing election of permanent Chairman of Constituent Assembly is not having high significance in today\u2019s time, but still from point of view of history, this shall be discussed, while wondering about the making of Constitution <\/a>of India. The proceedings of 10th<\/sup> December, 1946, were started on 11 am. The members were called for signing the Register if not signed on previous day, but no one came. Then Acharya J B Kriplani moved the Resolution for procedure prescribing election of the Chairman.<\/p>\n\n\n\n

As per rules proposed, one member might nominate any other member as proposer and a sign of third member as seconder was required with such nomination. The nomination should be submitted before 2:30 pm of the same day i.e. 10.12.1946. Before putting the nomination of any member, the proposer must ascertained that such member is willing to smallest number of votes shall be excluded from the election. As per 3rd<\/sup> Rule nominated member, proposer and seconder should have been signed the Register.<\/p>\n\n\n\n

As per Rule (2), temporary Chairman should read the names of the members who have been duly nominated with names of proposer and seconder. If one member had been so nominated, then he should be declared as the duly elected Chairman. If more than one member had been so nominated, the Assembly should proceed to elect the Chairman <\/a>by ballot on the date fixed. Rule (4) provided that in case of two candidates, the one who obtained larger votes by ballot should be declared elected. If they obtain equal votes, the election should be by the drawing or lots. Rule (5) was of its kind. It provided the case when more than two candidates were nominated. In that case, ballot voting would be conducted, in first ballet, the candidate who obtained lowest votes should be excluded from the election. Balloting should continue to exclude the candidate obtaining lowest votes, until only one member obtained more votes than the remaining candidates or more than the aggregate votes of the remaining candidates. Finally such candidate should be declared as elected. If in case more than two candidates, any two or more candidates get who obtained equal but lowest votes, then in that case Rule (6) provided that one of such candidates should be excluded by the drawing of lots.<\/p>\n\n\n\n

Dr. P. S. Deshmukh of C P and Berar province, made following suggestions in the said resolution. Firstly in Rule (1) he suggested to use word \u201canother\u201d instead of \u201cthird\u201d. Secondly in Rule (3) he suggested that for \u201che and his proposer and seconder\u201d, the word \u201cand\u201d should be replaced with \u201cor\u201d thus it would become \u201che or his proposer or seconder\u201d. Acharya J B Kriplani had no objection on these suggestions.<\/p>\n\n\n\n

Sri M Ananthasayanam Ayyangar of Madras Province raised his concern about the amendment of replacement of word \u201cthird\u201d by \u201canother. He explained that, there was already word \u201canother\u201d in the Rule (1), and if \u201cthird\u201d is replaced by \u201canother\u201d, then nominated person could become his\/her own seconder, which was absurdity.<\/p>\n\n\n\n

In reply to this Dr. P S Deshmukh came with another suggestion. Dr. Sinha rejected his second suggestion as his first proposal was not disposed of, which was not fair to the House.<\/p>\n\n\n\n

Then C Rajagopalchari of Madras clarified that the nominated member should be different from his proposer and seconder should also be different from proposer and nominated member. Hence the word \u201cthird\u201d was precise in the said rule.<\/p>\n\n\n\n

Thus the word \u201cthird\u201d remained. For second amendment proposed by Dr. P S Deshmukh, many members said that there should not be any change from \u201cand\u201d to \u201cor\u201d. Hence the suggestions proposed were rejected. Mr. H V Kamath of C P and Berar province raised a query about the absence of any provision for withdrawal of a contesting candidate, and he proposed a clause regarding such withdrawal date and time in case of more than one candidate had been nominated. Dr. Sinha held this as good amendment. After disposing all the amendments <\/a>in the presented resolution, the resolution was adopted.<\/p>\n\n\n\n

Provisional Adoption of Central Legislative Assembly Rules and Standing Orders<\/h2>\n\n\n\n

After adopting the resolution of Procedure Prescribing Election of Permanent Chairman of Constituent Assembly, next issue was to decide the adoption of the Central Legislative Assembly Rules and Standing Orders. These rules and order were framed according to the British Rule. But for working of the Constituent Assembly, as no rules were in hand to follow, it was proposed to provisionally adopt these rules and orders, already in force. Jawaharlal Nehru moved this resolution before the Constituent Assembly.<\/p>\n\n\n\n

As per Jawaharlal Nehru, the Constituent Assembly started without any rules and regulations made by any outside authority. It had to make its own rules for its business and working. There was no committee appointed to make the rules even till 10.12.1946. Even if committee was appointed it would have took few days, and for working of these few days, it was proposed to adopt the rules and standing orders of the Central Legislative Assembly<\/a>. According to the proposal of Jawaharlal Nehru, such rules and standing orders were subject to any modification as per discretion of the Chairman, including the temporary chairman.<\/p>\n\n\n\n

Biswanth Das of Orissa, opposed the resolution and asked Jawaharlal Nehru to withdraw this resolution. The direct negation of the resolution was not accepted by Dr. Sinha. According to Biswanath Das, as the Rules Committee was being appointed shortly and it will take only two to three days to frame new rules for working, the Constituent Assembly should not work on important business. As the resolution proposed by Jawaharlal Nehru put lot of discretion on Chairman, Biswanath Das proposed that let the Chairman regulate the work in his absolute discretion. He further raised a difficulty, that many of the members do not know the rules and standing orders of working of the Central Legislative Assembly and all the members should be provided with copies of such rules and standing orders within such short period. On the basis of these four contentions he asked Jawaharlal Nehru to withdraw his resolution regarding the adoption of Rules and Standing Orders of the Central Legislative Assembly.<\/p>\n\n\n\n

Sri Prakasa of United Provinces<\/a>, supported the resolution of Jawaharlal Nehru, saying that the rules and standing orders of the Central Legislative Assembly were perfect, and even they would be adopted by the Rules Committees as they were. He also pointed out that it would be waste of time if the proceedings of the House were adjourned in order to frame own Rules of Business. N V Gadgil of Bombay province requested to supply the copies of the Rules and Standing Orders of Central Legislative Assembly to all members. As no one seconded and supported Biswanath Das, the resolution of Adoption of the Rules and Standing Orders of the Central Legislative was passed with majority.<\/p>\n\n\n\n

Confirmation of Existing Organisation of Constituent Assembly Office:<\/h2>\n\n\n\n

Prior to commencement of the working of the Constituent Assembly in December, 1946, an office of the same was working and had organized many things which were gone before the members. Although the office members were working behind the scene, but such office was needed. It was proposed to confirm the existing organization of the Constituent Assembly Office or it can be modified as the Assembly thinks fit. The office was headed by Sir B N Rau. He and his staff were very assistive to Dr. Sinha, hence he said that such office should be continued and office would assist the permanent Chairman also. The Resolution was not opposed by anyone and carried out.<\/p>\n\n\n\n

<\/p>\n\n\n\n

<\/p>\n\n\n\n

Note: This article is completely based on Constituent Assembly Debates and only for knowledge purpose.<\/p>\n\n\n\n

\n

Read Previous Part<\/p>\n\n\n\n

Facts about Constituent Assembly<\/a><\/p>\n\n\n\n

CONSTITUENT ASSEMBLY OF INDIA DEBATES (PROCEEDINGS)- VOLUME I<\/a><\/p>\n\n\n\n

Bookmark this site for more such informative articles related to law and legal history. Share it on your social circles and don’t forget to comment your opinion to shape the ongoing law making process.<\/p>\n<\/div>\n\n\n\n

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<\/p>\n","protected":false},"excerpt":{"rendered":"

Biswanth Das of Orissa, opposed the resolution and asked Jawaharlal Nehru to withdraw this resolution. 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The direct negation of the resolution was not accepted by Dr. Sinha.","_links":{"self":[{"href":"https:\/\/bharatlex-rinkutai.com\/index.php?rest_route=\/wp\/v2\/posts\/1756","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bharatlex-rinkutai.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bharatlex-rinkutai.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/bharatlex-rinkutai.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/bharatlex-rinkutai.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1756"}],"version-history":[{"count":3,"href":"https:\/\/bharatlex-rinkutai.com\/index.php?rest_route=\/wp\/v2\/posts\/1756\/revisions"}],"predecessor-version":[{"id":1763,"href":"https:\/\/bharatlex-rinkutai.com\/index.php?rest_route=\/wp\/v2\/posts\/1756\/revisions\/1763"}],"wp:attachment":[{"href":"https:\/\/bharatlex-rinkutai.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1756"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bharatlex-rinkutai.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1756"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bharatlex-rinkutai.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1756"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}