Vol. 13 · pages 161–165

(2) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President. Power of President to grant par- dons, etc., and to sus- pend, remit or commute sentences in certain cases. 59. (1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence— 5 (a) in all cases where the punishment or sen- tence is by a Court Martial; 10 (b) in all cases where the punishment or sentence is for an offence under any law relating to a matter with respect to which Parlia- ment has, and the Legislature of the State in which the offence is committed has not, power to make laws; 15 *(c) in all cases where the sentence is a sentence of death. (2) Nothing in sub-clause (a) of clause (1) of this article shall affect the power conferred by law on any officer of the Armed Forces of India to suspend, remit or commute a sentence passed by a Court Martial. 20 (3) Nothing in sub-clause (c) of clause (1) of this article shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor or the Ruler of the State under any law for the time being in force. 25 Extent of executive power of the Union. 60. (1) Subject to the provisions of this Constitu- tion, the executive power of the Union shall extend— 30 (a) to the matters with respect to which Parlia- ment has power to make laws; and (b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement: 35 *The Committee is of opinion that the President should have power to suspend, remit or commute a death sentence passed in any State, without prejudice to the powers of the Governor or Ruler. 160 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 128 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

*Provided that the executive power referred to in sub-clause (a) of this clause shall not, save as ex- pressly provided in this Constitution or in any law made by Parliament, extend in any State to matters with respect to which the Legislature of the State has also power to make laws. 5 (2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything contained in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediate- ly before the commencement of this Constitution. 10 Council of Ministers 15 Council of ministers to aid and advise Presi- dent. 61. (1) There shall be a Council of ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions. (2) The question whether any, and if so what, advice was tendered by ministers to the President shall not be inquired into in any court. 20 Other pro- visions as to ministers. 62. (1) The Prime Minister shall be appointed by the President and the other ministers shall be appointed by the President on the advice of the Prime Minister. 25 (2) The ministers shall hold office during the pleasure of the President. (3) The Council shall be collectively responsible to the House of the People. (4) Before a minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule. 30 *The Committee has inserted this proviso on the view that the executive power in respect of Concurrent List subjects should’ vest primarily in the State-concerned except as otherwise pro- vided in the Constitution or in any law made by Parliament. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 161 129THE DRAFT CONSTITUTION

(5) A minister who, for any period of six conse- cutive months, is not a member of either House of Parliament shall at the expiration of that period cease to be a minister. (6) The salaries and allowances of ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determine, shall be as specified in the Second Schedule. 5 The Attorney-General for India Attorney- General for India. *63. (1) The President shall appoint a person, who is qualified to be appointed a judge of the Supreme Court, to be Attorney-General for India. 10 (2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force. 15 20 (3) In the performance of his duties the Attorney- General shall have right of audience in all courts in the territory of India. (4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine. 25 Conduct of Government Business Conduct of business of the Govern- ment of India. 64. (1) All executive action of the Government of India shall be expressed to be taken in the name of the President. 30 (2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified *The Committee has substituted the term “Attorney-General for India” for “Advocate-General for India” partly to distinguish him from the Provincial Advocates-General and partly to follow the terminology prevalent in other countries like the U.K. and the U.S.A. 162 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 130 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

in rules to be made by the President, and the vali- dity of an order or instrument which is so authenti- cated shall not be called in question on the ground that it is not an order or instrument made or executed by the President. 5 Duties of Prime Minis- ter as res- pects the furnishing of information to the Presi- dent, etc. 65. It shall be the duty of the Prime Minister— (a) to communicate to the President all decisions of the Council of ministers relating to the administration of the affairs of the Union and proposals for legislation; 10 (b) to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and (c) if the President 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. 15 CHAPTER II—Parliament 20 GENERAL Constitution of Parliament. 66. There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States and the House of the People. 25 Composition of Houses of Parliament. 67. (1) The Council of States shall consist of two hundred and fifty members of whom— (a) fifteen members shall be nominated by the President in the manner provided in clause (2) of this article; and 30 (b) the remainder shall be representatives of the States: Provided that the total number of representatives of the States for the time being specified in Part III of the First Schedule shall not exceed forty per cent of this remainder. 35 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 163 131THE DRAFT CONSTITUTION

*(2) The members to be nominated by the Presi- dent under sub-clause (a) of clause (1) of this article shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely,— 5 (a) literature, art, science and education; (b) agriculture, fisheries and allied subjects; (c) engineering and architecture; (d) public administration and social services. (3) The representatives of each State for the time being specified in Part I or Part III of the First Schedule in the Council of States shall— 10 (a) where the Legislature of the State has two Houses, be elected by the elected members of the Lower House; 15 (b) where the Legislature of the State has only one House, be elected by the elected members of that House; and (c) where there is no -House of the Legislature for the State, be chosen in such manner as Parliament may by law prescribe. 20 (4) The representatives of the States for the time being specified in Part II of the First Schedule in the Council of States shall be chosen in such manner as Parliament may by law prescribe. 25 *The Committee is of opinion that not more than fifteen members should be nominated by the President to represent special interests in the Council of States and that no special re- presentation for Labour or Commerce and Industry is necessary in view of adult suffrage. The Committee understands that the panel system of election hitherto in force under the Irish Constitu- tion has proved very unsatisfactory in practice. In the absence of any other guidance in this matter the Committee has provided for nomination by the President in place of election, while retaining a certain measure of functional representation. Since the Committee has had to substitute nomination for election and as the Committee thinks that no special representation for Labour or Commerce and Industry is necessary, the Committee is of opinion that it would be enough to provide for fifteen nomina- ted members. 164 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 132 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES