9. भारताच्या राजपत्रात 26 फेब्रुवारी 1948 रोजी प्रसिद्ध झालेला संविधानाचा मसुदा, तसेच डॉ. आंबेडकरांनी भारताच्या संविधान सभेचे अध्यक्ष डॉ. राजेंद्र प्रसाद यांना 21 फेब्रुवारी 1948 रोजी लिहिलेले पत्र

Extent of executive power of States.

142. Subject to the provisions of this Constitu- tion, the executive power of each State shall extend— (a) to the matters with respect to which the Legislature of the State has power to make laws, and

5 (b) to the exercise of such rights, authority and jurisdiction as are exercisable under any agreement entered into with any State or group of States for the time being speci- fied in Part III of the First Schedule under article 236 or article 237 of this Constitution.

10 Council of Ministers Council of ministers to aid and ad- vise Gover- nor.

143. (1) There shall be a Council of ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.

15

20 (2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discre- tion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.

25 (3) The question whether any, and if so what, advice was tendered by ministers to the Governor shall not be inquired into in any court. 30 Other pro- visions as to ministers.

144. (1) The Governor’s ministers shall be ap- pointed by him and shall hold office during his pleasure:

Provided that in the States of Bihar, Central Provinces and Berar and Orissa, there shall be a minister in charge of tribal welfare who may in ad- dition be in charge of the welfare of the Scheduled Castes and backward classes or any other work. 35 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 199 167THE DRAFT CONSTITUTION

(2) Before a minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.

(3) A minister who, for any period of six conse- cutive months, is not a member of the Legislature of the State shall at the expiration of that period cease to be a minister.

5 (4) In choosing his ministers and in his relations with them the Governor shall be generally guided by the Instructions set out in the Fourth Schedule, but the validity of anything done by the Governor shall not be called in question on the ground that it was done otherwise than in accordance with such In- structions.

10

15 (5) The salaries and allowances of ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legis- lature of the State so determine, shall be as specified in the Second Schedule.

20 (6) The functions of the Governor under this article with respect to the appointment and dismissal of ministers shall be exercised by him in his discretion. The Advocate = General for the State 25 Advocate- General for State.

145. (1) The Governor of each State shall appoint a person who is qualified to be appointed a judge of a High Court, to be Advocate-General for the State. (2) It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters and to perform such other duties of a legal character as may from time to time be re- ferred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.

30

35

(3) The Advocate-General shall retire from office upon the resignation of the Chief Minister in the State, but he may continue in office until his successor is appointed or he is reappointed.

40 200 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 168 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

(4) The Advocate-General shall receive such re- muneration as the Governor may determine. Conduct of Government Business Conduct of business of the Govern- ment of a State.

146. (1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.

5 (2) Orders and other instruments made and exe- cuted in the name of the Governor shall be authenti- cated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.

10

Duties of Chief Minister as respects the furnishing of informa- tion to Governor, etc.

147. It shall be the duty of the Chief Minister of each State— 15

(a) to communicate to the Governor of the State all decisions of the Council of ministers relating to the administration of the affairs of the State and proposals for legislation;

20 (b) to furnish such information, relating to the administration of the affairs of the State and pro- posals for legislation as the Governor may call for; and

(c) if the Governor so requires, to submit for the consideration of the Council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the Council. 25

CHAPTER III—The State Legislature General 30 Constitution of Legisla- tures in States in Part I of the First Sche- dule.

148. (1) For, every State there shall be a Legis- lature which shall consist of the Governor; and

(a) in the States of________________,* two Houses,

(b) in other States, one House. 35 (2) Where there are two Houses of the Legis- lature of a State, one shall be known as the Legisla- tive Council and the other as the Legislative Assembly and where there is only one House, it shall be known as the Legislative Assembly.

40

*The names of these States will be filled in when it has been ascertained which of the States are to have two Houses.

THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 201 169THE DRAFT CONSTITUTION

Composition of the Legislative Assemblies.

149. (1) Subject to the provisions of articles 294 and 295 of this Constitution the Legislative Assembly of each State shall be composed of members chosen by direct election.

(2) The election shall be on the basis of adult suffrage; that is to say, every citizen who is not less than twenty-one years of age and is not otherwise disqualified under this Constitution or any law made by the Legislature of the State on the ground of non- residence, unsoundness of mind, crime or corrupt or illegal practice shall be entitled to be registered as a voter at such elections.

5

10

(3) The representation of each territorial consti- tuency in the Legislative Assembly of a State shall be on the basis of the population of that constituency as ascertained at the last preceding census and shall, save in the case of the autonomous districts of Assam, be on a scale of not more than one repre- sentative for every lakh of the population:

15

Provided that the total number of members in the Legislative Assembly of a State shall in no case be more than three hundred or less than sixty. 20

(4) Upon the completion of each census, the repre- sentation of the several territorial constituencies in the Legislative Assembly of each State shall, sub- ject to the provisions of article 289 of this Consti- tution, be readjusted by such authority, in such manner and with effect from such date as the Legis- lature of the State may by law determine:

25

Provided that such readjustment shall not affect representation to the Legislative Assembly until the dissolution of the then existing Assembly. 30 Composition of the Legis- lative Coun- cils.

150. (1) The total number of members in the Legislative Council of a State having such a Council shall not exceed twenty-five per cent of the total number of members in the Legislative Assemb- ly of that State.

35

(2) Of the total number of members in the Legis- lative Council of a State—

(a) one-half shall be chosen from panels of candidates constituted under clause (3) of this article;

40 202 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 170 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

(b) one-third shall be elected by the members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote; and

5 (c) the remainder shall be nominated by the Governor.

(3) Before the first general election and, there- after, before each triennial election under clause (2) of article 151 of this Constitution to the Legisla- tive Council of a State, five panels of candidates shall be formed, of which one shall contain the names of representatives of universities in the State and the remaining four shall respectively contain the names of persons having special knowledge or practi- cal experience in respect of the following subjects, namely:—

10

15 (a) literature, art and science;

(b) agriculture, fisheries and allied subjects; (c) engineering and architecture;

(d) public administration and social services. 20 (4) Each panel of candidates constituted under clause (3) of this article shall contain at least twice the number to be elected from such panel. (5) For bye-elections clauses (3) and (4) of this article shall have effect subject to such adaptations and modifications as may be prescribed by the Legis- lature of the State by law.

25 Duration of State Legis- latures.

151. (1) Every Legislative Assembly of every State, unless sooner dissolved, shall continue for = five years from the date appointed for its first meeting and the expiration of the said period of *five years shall operate as a dissolution of the Assembly.

30

*The Committee has inserted “five years” instead of “four years” as the life of the Assembly, as it considers that under the Parliamentary system of Government the first year of a Minister’s term of office would generally be taken up in gaining knowledge of the work of administration and the last year would be taken up in preparing for the next general election, and there would thus be only two years left for effective work which would be too short a period for planned administration.

THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 203 171THE DRAFT CONSTITUTION

(2) The Legislative Council of a State shall not be subject to dissolution, but as nearly as may be one-third of the members thereof shall retire as soon as may be on the expiration of every third year in accordance with the provisions made in that behalf by the Legislature of the State by law.

5

Age-limit for mem- bership of the State Legislature.

152. A person shall not be qualified to be chosen to fill a seat in the Legislature of a State unless he is, in the case of a seat in a Legislative Assembly, not less than twenty-five years of age and in the case of a seat in a Legislative Council, not less than thirty-five years of age.

10

Sessions of the State Legislature, prorogation and dissolu- tion.

153. (1) The House or Houses of the Legislature of the State shall be summoned to meet twice at least in every year, and six months shall not intervene between their last sitting in one session and the date appointed for their first sitting in the next session.

15

(2) Subject to the provisions of this article, the Governor may from time to time—

20 (a) summon the Houses or either House to meet at such time and place as he thinks fit;

(b) prorogue the House or Houses;

(c) dissolve the Legislative Assembly, (3) The functions of the Governor under sub- clauses (a) and (c) of clause (2) of this article shall be exercised by him in his discretion. 25

Right of Governor to address and send mes- sages to the Houses.

154. (1) The Governor may address the Legislative Assembly or in the case of a State having a Legis- lative Council, either House of the Legislature of the State, or both Houses assembled together, and may for that purpose require the attendance of members.

30

(2) The Governor may send messages to the House or Houses of the Legislature of the State whether with respect to a Bill then pending in the

35

204 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 172 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Legislature or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration.

Special ad- dress by the Governor at the com- mencement of each ses- sion and discussion in the Legis- lature of matters re- ferred to in the address.

*155. (1) At the commencement of every session, the Governor shall address the Legislative Assembly or in the case of a State having a Legislative Coun- cil, both Houses assembled together and inform the Legislature of the cause of its summons. 5

(2) Provision shall be made by the rules regula- ting the procedure of either House for the allotment of time for a discussion of the matters referred to in such address and for the precedence of such dis- cussion over other business of the House. 10

Rights of ministers and Advo- cate-General as respects the Houses.

156. Every minister and the Advocate-General for a State shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly of the State or, in the case of a State having a Legislative Council, both Houses and any joint sitting of the Houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member, but shall not, by virtue of this article, be entitled to vote.

15

20

Officers of The State Legislature 25 The Speaker and Deputy Speaker of the Legislat- tive Assem- bly.

157. Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof, and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.

30

*This clause which is based on the practice prevalent in the Parliament of the United Kingdom has been inserted by the Com- mittee as it considers that it will prove useful in our Constitution also.

THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 205 173THE DRAFT CONSTITUTION

Vacation and, resignation of, and removal from the office of, Speaker and Deputy Speaker.

158. A member holding office as Speaker or Deputy Speaker of an Assembly— (a) shall vacate his office if he ceases to be a member of the Assembly;

(b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and 5 (c) may be removed from his office for incapa- city or want of confidence by a resolution of the Assembly passed by a majority of all the then members of the Assembly: 10 Provided that no resolution for the purpose of clause (c) of this article shall be moved unless at least fourteen days’ notice has been given of the in- tention to move the resolution:

15

Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.

20

Power of the Deputy Speaker or other persons to perform the duties of the office of or to act as, Speaker.

159. (1) While the office of Speaker is vacant the duties of the office shall be performed by the Deputy Speaker, or if the office of Deputy Speaker is also vacant, by such member of the Assembly as the Gov- ernor may appoint for the purpose.

25

(2) During the absence of the Speaker from any sitting of the Assembly, the Deputy Speaker or, if he is also absent such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker.

30

The Chair- man and Deputy Chairman of the Legis- lative Council.

160. The Legislative Council of every State having such Council, shall, as soon as may be, choose two members of the Council to be respectively Chair- man and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be.

35

206 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 174 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Vacation and resignation of, and re- moval from, the office of Chairman and Deputy Chairman.

161. A member holding office as Chairman or Deputy Chairman of a Legislative Council—

(a) shall vacate his office if he ceases to be a member of the Council;

(b) may at any time by writing under his hand addressed, if such member is the Chair- man, to the Deputy Chairman, and if such member is the Deputy Chairman, to the Chairman, resign his office; and 5

(c) may be removed from his office for incapacity or want of confidence by a resolution of the Council passed by a majority of all the then members of the Council:

10

Provided that no resolution for the purpose of clause (c) of this article shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.

15

Power of the Deputy Chairman or other persons to perform the duties of the office of, or to act as, Chairman.

162. (1) While the office of Chairman is vacant, the duties of the office shall be performed by the Deputy Chairman or if the office of Deputy Chairman is also vacant by such member of the Council as the Governor may appoint for the purpose.

20

(2) During the absence of the Chairman from any sitting of the Council, the Deputy Chairman or, if he is also absent such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman.

25

Salaries and allowances of and Deputy Speaker and the Chairman and Deputy Chairman.

163. There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly and to the Chairman and the Deputy Chairman of the Le- gislative Council such salaries and allowances as may be respectively fixed by the Legislature of the State by law, and, until provision in that behalf is so made, such salaries and allowances as are speci- fied in the Second Schedule.

30

35

Conduct of Business Voting in Houses ;

power of Houses to act notwith- standing vacancies and quorum.

164, (1) Save as provided in this Constitution, all questions in a House or a joint sitting of two Houses of the Legislature of a State shall be determined by a majority of votes of the members present and voting, other than the Speaker or Chairman or per- son acting as such.

40

THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 207 175THE DRAFT CONSTITUTION

The Speaker or Chairman or person acting as such shall not vote in the first instance but shall have and exercise a casting vote in the case of an equality of votes.

(2) A House of the Legislature of a State shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislature of a State shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do, sat or voted or other- wise took part in the proceedings.

5

10

(3) If at any time during a meeting of the Legis- lative Assembly or the Legislative Council of a State there is no quorum, it shall be the duty of the Speaker or Chairman or person acting as such either to adjourn the House or to suspend the meeting until there is a quorum.

15

The quorum shall be ten members or one-sixth of the total number of members of the House, which- ever is greater.

20 Disqualifications of Members Declaration by members

165. Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Gov- ernor or some person appointed in this behalf by him, a declaration according to the form set out for the purpose in the Third Schedule.

25

Vacation of seats.

166. (1) No person shall be a member of both Houses of the Legislature of a State and provision shall be made by the Legislature of the State by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other.

30

(2) No person shall be a member both of Parlia- ment and of the Legislature of a State and if a person is chosen a member both of Parliament and of the Legislature of a State, then, at the expiration of such period as may be specified in rules made by the Governor of the State, that person’s seat in the Legislature of the State shall become vacant, unless he has previously resigned his seat in Parliament.

35

40 208 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 176 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

(3) If a member of a House of the Legislature of a State— (a) becomes subject to any of the disqualifications mentioned in clause (1) of the next suc- ceeding article; or

5 (b) resigns his seat by writing under his hand addressed to the Speaker or the Chair- man, as the case may be,

his seat shall thereupon become vacant. (4) If for a period of sixty days a member of a House of the Legislature of a State is without per- mission of the House absent from all meetings thereof, the House may declare his seat vacant: 10

Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.

15

Disqualifi- cations for membership.

167. (1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State—

20 (a) if he holds any office of profit under the Government of India or the Government of any State for the time being specified in the First Schedule other than an office declared by the Legislature of the State by law not to disqualify its holder;

25

(b) if he is of unsound mind and stands so de- clared by a competent court;

(c) if he is an undischarged insolvent;

*(d) if he is under any acknowledgment of alle- giance or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power;

30

(e) if he is so disqualified by or under any law made by the Legislature of the State. 35

(2) For the purposes of this article, a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State for the time being specified in the First Schedule by reason only that—

40

(a) he is a minister either for India or for any State for the time being specified in Part I of the First Schedule; or

*The Committee has inserted this sub-clause following the provisions of section 44 (i) of the Australia Constitution Act, THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 209 177THE DRAFT CONSTITUTION

(b) he is a minister for any State for the time be- ing specified in Part III of the First Sche- dule, if he is responsible to the Legisla- ture of the State, or where there are two Houses of the Legislature of the State, to the Lower House of such Legislature and if not less than three-fourths of the mem- bers of such Legislature or House, as the case may be, are elected.

5

Penalty for sitting and voting be- fore making declaration under article 165 or when not qualified or when dis- qualified.

163. If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of article 165 of this Constitution, or when he knows that he is not qualified or that he is disqualified for membership thereof or that he is prohibited from so doing by the provisions of any law made by the Legis- ture of the State, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the State.

10

15

20 Privileges and Immunities of Members Privileges, etc, of mem- bers.

169. (1) Subject to the rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in the Legislature of every

25 (2) No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Le- gislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a House of such a Legislature of any report, paper, votes or proceedings.

30

(3) In other respects the privileges and immuni- ties of members of a House of the Legislature of a State shall be such as may from time to time be de- fined by the Legislature by law, and until so de- fined shall be such as are enjoyed by the members of the House of Commons of the Parliament of the United Kingdom at the commencement of this Cons- titution.

35

40 (4) The provisions of clauses (1), (2) and (3) of this article shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise take part in the proceedings of, a House of the Legislature of a State as they apply in relation to members of that Legislature.

45

210 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 178 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Salaries and allowances of members

170. Members of the Legislative Assembly and the Legislative Council of a State shall be entitled to receive such salaries and allowances as may from time to time be determined by the Legislature of the State by law, and, until provision in that respect is so made, allowances at such rates and upon such conditions as were immediately before the date of commencement of this Constitution applicable in the case of members of the Provincial Legislative Assem- bly for that State.

5

10 Legislative Procedure Provisions as to introduc- tion and passing of Bills.

171. (1) Subject to the provisions of articles 173 and 182 of this Constitution with respect to Money Bills and other financial Bills, a Bill may originate in either House of the Legislature of a State which has a Legislative Council.

15 (2) Subject to the provisions of articles 172 and 173 of this Constitution, a Bill shall not be deemed to have been passed by the Houses of the Legislature of a State having a Legislative Council unless it has been agreed to by both Houses either without amend- ment or with such amendments only as are agreed to by both Houses.

20

(3) A Bill pending in the Legislature of a State shall not lapse by reason of the prorogation of the House or Houses thereof.

25 (4) A Bill pending in the Legislative Council of a State which has not been passed by the Legisla- tive Assembly shall not lapse on a dissolution of the Assembly.

30 (5) A Bill which is pending in the Legislative Assembly of a State, or which having been passed by the Legislative Assembly is pending in the Legislative Council, shall lapse on a dissolution of the Assembly.

35 Joint sitting of both Houses in States hav- ing Legisla- tive Councils in certain eases.

172. (1) If after a Bill has been passed by the Legislative Assembly of a State having a Legislative Council and transmitted to the Legislative Council, more than six months elapse from the date of the reception of the Bill by the Council without the Bill being passed by both Houses, the Governor may, un- less the Bill has lapsed by reason of a dissolution of the Legislative Assembly, summon the Houses to

40

THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 211 179THE DRAFT CONSTITUTION

meet in a joint sitting for the purposes of deliberating and voting on the Bill:

Provided that nothing in this clause shall apply to a Money Bill.

(2) In reckoning any such period of six months as is referred to in clause (1) of this article, no account shall be taken of any time during which both Houses are prorogued or adjourned for more than four days. 5 (3) If at the joint sitting of the two Houses summoned in accordance with the provisions of this article the Bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majo- rity of the total number of members of both Houses present and voting, it shall be deemed for the pur- poses of this Constitution to have been passed, by both Houses:

10

15 Provided that at a joint sitting— (a) if the Bill has not been passed by the Legis- lative Council with amendments and returned to the Legislative Assembly, no amendment shall be proposed to the Bill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill;

20

(b) if the Bill has been so passed and returned by the Legislative Council, only such amendments as aforesaid shall be pro- posed to the Bill and such other amend- ments as are relevant to the matters with respect to which the Houses have not agreed;

25

30

and the decision of the person presiding as to the amendments which are admissible under this clause shall be final.

Special pro- cedure in respect of Money Bills.

*173. (1) A Money Bill shall not be introduced in a Legislative Council.

35

(2) After a Money Bill has been passed by the Legislative Assembly of a State having a Legislative Council, it shall be transmitted to the Legislative Council for its recommendations, and the Legislative

40

*This article and all other provisions in this Chapter relating to “Money Bills” have been inserted to give effect to the recom- mendations of the Expert Committee on the Financial Provisions of the Constitution.

212 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 180 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Council shall within a period of thirty days from the date of its receipt of the Bill return the Bill to the Legislative Assembly with its recommendations, and the Legislative Assembly may thereupon either accept or reject all or any of the recommendations of the Legislative Council.

5

(3) If the Legislative Assembly accepts any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Legislative Council and accepted by the Legisla- tive Assembly.

10

(4) If the Legislative Assembly does not accept any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by the Legislative Assembly without any of the amendments recommended by the Legislative Council.

15

(5) If a Money Bill passed by the Legislative Assembly and transmitted to the Legislative Council for its recommendations is not returned to the Legis- lative Assembly within the said period of thirty days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the Legislative Assembly.

20

25 Definition of “Money Bills.”

174. (1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:—

(a) the imposition, abolition, remission, altera- tion or regulation of any tax;

30

(b) the regulation of the borrowing of money or the giving of any guarantee by the State, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the State;

35

(c) supply;

(d) the appropriation of the revenues of the State;

(e) the declaring of any expenditure to be ex- penditure charged on the revenues of the State, or the increasing of the amount of any such expenditure;

40

THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 213 181THE DRAFT CONSTITUTION

(f) the receipt of money on account of the reve- nues of the State or the custody or issue of such money or the audit of the accounts of the State; or

(g) any matter incidental to any of the matters specified in items (a) to (f) of this clause. 5

(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered or by reason that it provides for the impo- sition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

10

(3) If any question arises whether a Bill intro- duced in the Legislature of a State which has a Le- gislative Council is a Money Bill or not, the deci- sion of the Speaker of the Legislative Assembly of such State thereon shall be final.

15

(4) There shall be endorsed on every Money Bill when it is transmitted to the Legislative Council un- der the last preceding article, and when it is pre- sensed to the Governor for assent under the next suc- ceeding article, the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill.

20

25 Assent to Bills.

175. A Bill which has been passed by the Legis- lative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President :

30

Provided that where there is only one House of the Legislature and, the Bill has been passed by that House, the Governor may, in his discretion, return the Bill together with a message requesting that the House will reconsider the Bill or any speci- fed provisions thereof and, in particular, will reconsider the desirability of introducing any such amendments as he may recommend in his Message and, when a Bill is so returned the House shall reconsider it accordingly and if the Bill is passed 35

40

214 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 182 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

again by the House with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom.

Bills reserved for considera- tion

176. When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom:

5

Provided that where the Bill is not a Money Bill the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as is mentioned in the proviso to the last preceding article and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by them with or without amendment, it shall be presented again to the President for his consideration.

10

15

Procedure in Financial Matters Annual financial statement.

177. (1) The Governor shall in respect of every financial year cause to be laid before the House or Houses of the Legislature of the State a statement of the estimated receipts and expenditure of the State for that year, in this Part of this Constitution referred to as the “annual financial statement” 20

25 (2) The estimates of expenditure embodied in the annual financial statement shall show separately—

(a) the sums required to meet expenditure described by this Constitution as expendi- ture charged upon the revenues of the State; and

30

(b) the sums required to meet other expenditure proposed to be made from the revenues of the State;

and shall distinguish expenditure on revenue account from other expenditure.

35

(3) The following expenditure shall be expendi- ture charged on the revenues of each State—

(a) the emoluments and allowances of the Governor and other expenditure relating to his office;

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THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 215 183THE DRAFT CONSTITUTION

(b) the emoluments and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly, and in the case of a State having a Legislative Council, also of the Chairman and the Deputy Chair- man of the Legislative Council;

5

(c) debt charges for which the State is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;

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(d) expenditure in respect of the salaries and allowances of judges of any High Court;

(e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;

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(f) any other expenditure declared by this Constitution or by the Legislature of the State by law to be so charged.

20 Procedure in Legislature with respect to estimates.

178. (1) So much of the estimates as relates to expenditure charged upon the revenues of a State shall not be submitted to the vote of the Legislative Assembly, but nothing in this clause shall be construed as preventing the discussion in the Legis- lature of those estimates.

25

(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.

30

(3) No demand for a grant shall be made except on the recommendation of the Governor.

35 Authentica- tion of sche- dule of authorised expenditure.

179. (1) The Governor shall authenticate by his signature a schedule specifying—

(a) the grants made by the Assembly under the last preceding article;

(b) the several sums required to meet the expenditure charged on the revenues of the State, but not exceeding in any case, the sum shown in the statement pre- viously laid before the House or Houses. 40

216 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 184 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

(2) The schedule so authenticated shall be laid before the Assembly but shall not be open to discussion or vote in the Legislature.

(3) Subject to the provisions of the next two succeeding articles, no expenditure from the revenues of the Stale shall be deemed to be duly authorised unless it is specified in the schedule so authenticated.

5

Supplemen- tary state- ments of ex- penditure.

180. If in respect of any financial year further expenditure from the revenues of the State becomes necessary over and above the expenditure theretofore authorised for that year, the Governor shall cause to be laid before the House or Houses a supplementary statement showing the estimated amount of that expenditure, and the provisions of the preceding articles shall have effect in relation to that statement and that expenditure as they have effect in relation to the annual financial statement and the expenditure mentioned therein.

10

15

Excess grants *181. If in any financial year expenditure from the revenues of the State has been incurred on any ser- vice for which the vote of the Legislative Assembly is necessary in excess of the amount granted for that service and for that year, a demand for the excess shall be presented to the Assembly and the provisions of articles 173 and 179 of this Constitution shall have effect in relation to such demand as they have effect in relation to a demand for a grant.

20

25

Special pro- visions as to financial Bills.

182. (1) A Bill or amendment making provision for any of the matters specified in items (a) to (f) of clause (1) of article 174 of this Constitution shall not be introduced or moved except on the recommendation of the Governor, and a Bill making such provision shall not be introduced in a Legislative Council:

30

Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.

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*This article has been inserted to follow the recommendation of the Expert Committee on the Financial Provisions of the Constitution.

THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 217 185THE DRAFT CONSTITUTION

(2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the impo- sition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

5

(3) A Bill which, if enacted and brought into operation, would involve expenditure from the revenues of a State shall not be passed by a House of the Legislature of the State unless the Governor has recommended to that House the consideration of the Bill.

10

15 Procedure Generally Rules of Procedure.

183. (1) A House of the Legislature of a State may make rules for regulating, subject to the provi- sions of this Constitution, its procedure and the conduct of its business.

20 (2) Until rules are made under clause (1) of this article, the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Provincial Le- gislature for the State shall have effect in relation to the Legislature of that State subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly, or the Chairman of the Legislative Council, as the case may be.

25

30 (3) In a State having a Legislative Council the Governor, after consultation with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council, may make rules as to the pro- cedure with respect to joint sittings of, and com- munications between, the two Houses.

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(4) At a joint sitting of the two Houses the Speaker of the Legislative Assembly*, or in his absence such person as may be determined by rules of procedure made under clause (3) of this article, shall preside.

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*The Committee is of opinion that the Speaker of the Assembly should preside at a joint sitting of the two Houses as the Assembly is the more numerous body.

218 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 186 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Language to be used in the Legislatures of States.

184. (1) In the Legislature of a State, business shall be transacted in the language or languages generally used in that State or in Hindi or in English.

(2) The Speaker of the Legislative Assembly or the Chairman of the Legislative Council may, whenever he thinks fit, make arrangements for making available in the Assembly or the Council, as the case may be, a summary in any language generally used in the State or in English of the speech delivered by a member in any other language, and such summary shall be included in the record of the proceedings of the House in which the speech has been delivered.

5

10

Restrictions on discussion in the Legislatures of States

185. (1) No discussion shall take place in the Legislature of a State with respect to the conduct of any judge of the Supreme Court or of a High Court in the discharge of his duties.

15

(2) In this article, the reference to a High Court shall be construed as including a reference to any court in a State for the time being specified in Part III of the First Schedule which is a High Court for any of the purposes of Chapter IV of Part V of this Constitution.

20

Courts not to inquire into proceedings of the Legis- lature.

186. (1) The validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of proce- dure 25

(2) No officer or other member of the Legislature of a State in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in the Legislature shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.

30

35 CHAPTER IV—Legislative Power of the Governor

Power of Governor to promulgate Ordinances during recess of Legisla- ture.

187. (1) If at any time, except when the Legis- lative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the

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THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 219 187THE DRAFT CONSTITUTION

Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circum- stances appear to him to require:

Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if an Act of the Legislature of the State containing the same provisions would under the provisions of this Constitution have been invalid unless, having been reserved for the consideration of the President, it had received the assent of the President.

5

10

(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislature of the State assented to by the Governor, but every such Ordinance—

15

(a) shall be laid before the Legislative Assembly of the State, or where there is a Legis- lative Council in the State, before both the Houses, and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, or if before the expiration of that period a resolu- tion dis-approving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as tie case may be, on the resolution being agreed to by the Council; and

20

25

(b) may be withdrawn at any time by the Governor.

30

Explanation.—Where the Houses of the Legis- lature of a State having a Legislative Council are summoned to re-assemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.

35

(3) If and so far as an Ordinance under this arti- cle makes any provision which would not be valid if enacted in an Act of the Legislature of the State assented to by the Governor, it shall be void:

40 Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of the Legislature of a State which is repugnant to

220 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 188 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

an Act of Parliament or an existing law with res- pect to a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration of the President and assented to by him.

5 CHAPTER V—Provisions in Cases of Grave Emergencies Power of Governor in grave emergencies.

188. (1) If at any time the Governor of a State is satisfied that a grave emergency has arisen which threatens the peace and tranquillity of the State and that it is not possible to carry on the Government of the State in accordance with the provisions of this Constitution, he may, by proclamation, declare that his functions shall, to such extent as may be specified in the proclamation, be exercised by him in his discretion, and any such proclamation may contain such incidental and consequential provisions as may appear to him necessary or desirable for giving effect to the objects of the proclamation including-provisions for suspending in whole or in part the operation of any provisions of this Consti- tution relating to any body or authority in the State:

10

15

20

25 Provided that nothing in this clause shall authorise the Governor to suspend, either in whole or in part, the operation of any provision of this Constitution relating to High Courts. (2) The proclamation shall be forthwith commu- nicated by the Governor to the President who may, thereupon either revoke the proclamation or take such action as he considers appropriate in exercise of the emergency powers vested in him under article 278 of this Constitution.

30

35 (3) A proclamation under this article shall cease to operate at the expiration of two weeks unless revoked earlier by the Governor or by the President by public notification.

(4) The functions of the Governor under this article shall be exercised by him in his discretion. 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 221 189THE DRAFT CONSTITUTION

CHAPTER VI—Scheduled and Tribal Areas Definitions. 189 In this Constitution— (a) the expression “scheduled areas” means the areas specified in Parts I to VII of the table appended to paragraph 18 of the Fifth Schedule in relation to the States to which those Parts respectively relate;

5 (b) the expression “tribal areas” means the areas specified in Parts I and II of the table appended to paragraph 19 of the Sixth Schedule.

10 Administra- tion of sche- duled and tribal areas.

190. (1) The provisions of the Fifth Schedule shall apply to the administration and control of the scheduled areas and scheduled tribes in any State for the time being specified in Part I of the First Sche- dule.

15 (2) The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the State of Assam.

20 CHAPTER VII—The High Courts in the States Meaning of “High Court”.

191. (1) For the purposes of this Constitution the following courts shall, in relation to the territory of India except the States for the time being specified in Part III of the First Schedule, be deemed to be High Courts, that is to say,—

25 (a) the High Courts in Calcutta, Madras, Bombay, Allahabad, Patna and Nagpur, the High Court of East run jab and the Chief Court in Oudh;

30 (b) any other court in any of these States constituted or re-constituted under this Chapter as a High Court; and (c) any other court in any of these States which may be declared by the appropriate Legislature by law to be a High Court for the purposes of this Constitution:

35 222 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 190 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES