Vol. 13 · pages 151–155

Right to work, to edu- cation and to public assis- tance in cer- tain cases. 32. The State shall, within the limits of its eco- nomic capacity and development, make effective provision for securing the right to work, to educa- tion and to public assistance in case of unemploy- ment, old age, sickness, disablement, and other cases of undeserved want. 5 Provision for just and humane con- ditions of work and ma- ternity relief. 33. The State shall make provision for securing just and humane conditions of work and for mater- nity relief. Living wage, etc., for workers 34. The State shall endeavour to secure, by suit- able legislation or economic organisation or in any other way, to all workers, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities. 10 15 Uniform civil code for the citizens. 35. The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. Provision for free primary education. 36. Every citizen is entitled to free primary education and the State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory educa- tion for all children until they complete the age of fourteen years. 20 Promotion of educational and economic interests of Scheduled Castes Scheduled tribes and other weaker sections. 37. The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the scheduled tribes, and shall protect them from social injustice and all forms of exploitation. 25 30 Duty of the State to raise the level of nutrition and the standard of living and to improve public health 38. The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. 150 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 118 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Protection, preservation and mainten- ance of monu- ments and places and objects of national importance. 39. It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by Parliament by law to be of national importance, from spoliation, destruction, removal, disposal or export, as the case may be, and to preserve and maintain according to law made by Parliament all such monuments or places or objects. 5 Promotion of international peace and security. 40. The State shall promote international peace and security by the prescription of open, just and honourable relations between nations, by the firm establishment of the understandings of international law as the actual rule of conduct among govern- ments and by the maintenance of justice and respect for treaty obligations in the dealings of organised people with one another. 10 15 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 151 119THE DRAFT CONSTITUTION

PART V The Union CHAPTER I—The Executive THE PRESIDENT AND VICE-PRESIDENT The President of India. 41. There shall be a President of India. 5 Executive power of the Union. 42. (1) The executive power of the Union shall be vested in the President and may be exercised by him in accordance with the Constitution and the law. (2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of India shall be vested in the Presi- dent and the exercise thereof shall be regulated by law. 10 (3) Nothing in this article shall— (a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or 15 (b) prevent Parliament from conferring by law functions on authorities other than the President. 20 Election of President. 43. The President shall be elected by the members of an electoral college consisting of— (a) the members of both Houses of Parliament, and 25 (b) the elected members of the Legislatures of the States. Manner of election of President. 44. (1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President. 30 152 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 120 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

*(2) For the purpose of securing such uniformity the number of votes which each elected member of Parliament and of the Legislature of each State is entitled to cast at such election shall be determined in the following manner:— 5 (a) every elected member of the Legislature of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of elected members of the Legislature; 10 *The method of calculation set out in clause (2) of article 44 may be illustrated as follows :— Illustration to sub-clause (a) and (b) of clause (2) :— (i) The population of Bombay is 20,849,840. Let us take the total number of elected members in the Legislative Assembly of Bombay to be 208 (i.e., one member representing one lakh of the population). To obtain the number of votes which each such elected member will be entitled to east at the election of the President, we have first to divide 20,849,840 (which is the population) by 208 (which is the total number of elected mem- bers), and then to divide the quotient by 1,000. In this case, the quotient is 100239. The number of votes which each such member will be entitled to cast would be 100,239/1000 i.e., 100 (dis- regarding the remainder 239 which is less than five hundred). (ii) Again, the population of Bikaner is 1,292,938. Let us take the total number of elected members of the Legislature of Bikaner to be 130 (i.e., one member representing roughly ten thousand of the population). Now, applying the aforesaid pro- cess, if we divide 1,292,938 ( i.e., the population) by 130 ( i.e., the -total number of elected members), the quotient is 9945. There- fore, the number of votes which each member of the Bikaner Legislature would be entitled to cast is 9945/1000 that is 10 (counting the remainder 945 which greater than five hundred as equivalent to 1000). Illustration under sub-clause (c) of clause (2) :— If the total number of votes assigned to the members of the Legislatures of the States in accordance with the above calcula- tion be 74,940 and the total number of elected members of both the Houses of Parliament be 750, then to obtain the number of votes which each member of either House of Parliament will be entitled to cast at the election of the President, we should have to divide 74,940 by 750. Thus the number of votes which each -such member will be entitled to cast in the case would be 74,940 23= 99 750 25 i.e., 100 (the fraction 2325 which exceeds one-half being counted as one). THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 153 121THE DRAFT CONSTITUTION

(b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) of this clause shall be further increased by one; (c) each elected member of either House of Parlia- ment shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislatures of the States under sub-clauses (a) and (b) of this clause by the total number of such members, fractions ex- ceeding one-half being counted as one and other frac- tions being disregarded. 5 10 (3) The election of the President shall be held in accordance with the system of proportional represen- tation by means of the single transferable vote and the voting at such election shall be by secret ballot. 15 Explanation.—In this article, the expression ”the Legislature of a State” means, where the Legis- lature is bicameral, the Lower House of the Legisla- ture, and the expression “population” means the population as ascertained at the last preceding census. 20 Term of office of President. 45. The President shall hold office for a term of five years from the date on which he enters upon his office: 25 Provided that— (a) the President may, by resignation under his hand addressed to the Chairman of the Council of States and the Speaker of the House of the People, resign his office; 30 (b) the President may, for violation of the Con- stitution, be removed from office by im- peachment in the manner provided in article 50 of this Constitution; (c) the President shall, notwithstanding the ex- piration of his term, continue to hold office until his successor enters upon his office 35 Eligibility for re-election. 46. A person who holds, or who has held, office as President shall be eligible for re-election to that office once, but only once. 40 Qualifications for election as President. 47. (1) No person shall be eligible for election as President unless he— (a) is a citizen of India, 154 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 122 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES