37. Prorogation of the Central Legislature
The Central Legislature should be prorogued by ail order of the Head of the State.
38. Dissolution of the Central Legislature
(1) The first dissolution of the Legislature should be on the advice of the Prime Minister.
(2) No dissolution should take place on the advice of the Caretaker Ministry which functions between the date of the dissolution of the Legislature and the formation of a new Ministry after fresh elections.
(3) If a contingency arises wherein no such Ministry as can command the confidence of the Legislature can be formed, the Head of the State should be authorized to dissolve the Legislature in exercise of his discretionary powers and hold fresh elections.
Explanation-As the Committee recommended that the Ministry should be responsible to both the Houses of the Legislature, it is necessarily implied that under the Constitution the dissolution of both the Houses should take effect simultaneously.
39. Powers of the two Houses inter se and provision for Conflict
The two Houses of the Central Legislature should have equal powers and, in case of dispute on any question, a joint session of both the Houses should be called for taking a decision thereon.
The Budget and other money Bills should be considered jointly by both the Houses.
40. Right of Ministers and the Advocate-General as respects the Central Legislature
The Ministers and the Advocate-General should have the right to address any House of the Legislature even though they' may not be Members of that House. The Advocate General should have no right of vote as he will not be a Member of the Legislature.
A Minister should not vote in the House of which he is not a Member.
41. The Chairman and the Deputy Chairman of the Central Legislature
Each House should have a Chairman and a Deputy Chairman.
Provision should be made in the Constitution regarding the election and the removal of the Chairman and the Deputy Chairman on the following lines:
- (i) Each House of the Central Legislature should, as soon as may be, choose two Members of the House to be respectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the House concerned should choose another Member to be Chairman or Deputy Chairman as the case may be.
- (ii) A Member holding office as Chairman or Deputy Chairman of any of the Houses should vacate his office, if he ceases to be Member of the House, and
