Vol. 13 · pages 191–195

make rules for regulating generally the practice and procedure of the Court including— (a) rules as to the persons practising before the court, (b) rules as to the procedure for hearing appeals and other matters including the time with- in which appeals to the Court are to be entered and the time to be allowed to ad- vocates appearing before the court to make their submissions in respect thereof, 5 10 (c) rules as to the costs of and incidental to any proceedings in the court and as to the fees to be charged in respect of proceedings therein, (d) rules as to the granting of bail, 15 (e) rules as to stay of proceedings, and (f) rules providing for the summary deter- mination of any appeal which appears to the court to be frivolous or vexatious or brought for the purpose of delay. 20 (2) The minimum number of judges who are to sit for the purpose of deciding any case involving a subs- tantial question of law as to the interpretation of this Constitution, or for the purpose of hearing any re- ference under article 119 of this Constitution shall be five: 25 Provided that it shall be open to every judge to sit for the said purposes unless owing to illness, personal interest or other sufficient cause he is unable to do so. (3) No opinion for the purpose of any report under article 119 of this Constitution and no judgment shall be delivered by the Supreme Court save in open court. 30 (4) No such report shall be made and no judgment shall be delivered by the Supreme Court save with the concurrence of a majority of the judges present at the hearing of the case but nothing in this clause shall be deemed to prevent a judge who does not con- cur from delivering a dissenting opinion or judgment. 190 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 158 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Salaries, allowances and pensions of officers and servants and the ex- penses of the Supreme Court. 122. (1) The salaries, allowances and pensions payable to or in respect of the officers and servants of the Supreme Court shall be fixed by the Chief Justice of India in consultation with the President. (2) The administrative expenses of the Supreme Court, including all salaries, allowances and pen- sions payable to or in respect of the officers and servants of the court, shall be charged upon the revenues of India, and any fees or other moneys taken by the court shall form part of those revenues. 5 10 Construction of references to High Courts in States speci- fied in Part III of the First Sche- dule. 123. (1) References in articles 103 and 106 of this Chapter to a High Court in, or exercising jurisdiction in, a State for the time being specified in Part III of the First Schedule shall be construed as references to any court which the President may, upon being satisfied after consultation with the Supreme Court and the Ruler of the State that such court is a court comparable to any of the High Courts in the States for the time being specified in Part I of that Schedule, declare to be a High Court for the purposes of those articles. 15 20 (2) References in articles 110 and 113 of this Chapter to a High Court in a State for the time being specified in Part III of the First Schedule shall be construed as references to the court of final jurisdic- tion in the State with regard to the proceeding in respect of which an appeal or reference is provided for in those articles. 25 CHAPTER V—Auditor = General of India Auditor-Gene- ral of India. 124. (1) There shall be an Auditor-General of India, who shall be appointed by the President and shall only be removed from office in like manner and on the like grounds as a judge of the Supreme Court. 30 (2) The salary, allowances and other conditions of service of the Auditor-General shall be such as may be determined by Parliament by law and until they are so determined shall be as specified in the Second Schedule: 35 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 191 159THE DRAFT CONSTITUTION

Provided that neither the salary of an Auditor- General nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment. (3) The Auditor-General shall not be eligible for further office either under the Government of India or under the Government of any State after he has ceased to hold his office. 5 (4) The salaries, allowances and pensions payable to or in respect of members of the staff of the Auditor- General shall be fixed by the Auditor-General in consultation with the President. 10 (5) The salaries, allowances and pensions payable to or in respect of the Auditor-General and members of his staff shall be charged upon the revenues of India. 15 Duties and powers of the Auditor- General. 125. The Auditor-General shall perform such duties and exercise such powers in relation to the accounts of the Government of India and of the Government of any State as are or may be prescribed by or under any law made by Parliament. 20 Explanation.—In this article the expression “law made by Parliament” includes any existing law for the time being in force in the territory of India. Power of Auditor- General of India to give direc- tions as to accounts. 126. The accounts of the Government of India shall be kept in such form as the Auditor-General of India may, with the approval of the President, pres- cribe and. in so far as the Auditor-General of India may, with the like approval, give any directions with regard to the methods or principles in accordance; with which any accounts of the Government of any State ought to be kept, it shall be the duty of the Government of the State to cause accounts to be kept accordingly. 25 30 Audit reports. 127. The reports of the Auditor-General of India relating to the accounts of the Government of India shall be submitted to the President, who shall cause them to be laid before Parliament. 35 192 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 160 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

PART VI The States in Part I of the First Schedule CHAPTER I—GENERAL Definition. 128. In this Part, unless the context otherwise requires, the expression “State” means a State for the time being specified in Part I of the First Schedule. 5 CHAPTER II—THE EXECUTIVE The Governor 10 Governors of States. 129. There shall be a Governor for each State. Executive power of States 130. (1) The executive power of the State Shall be vested in the Governor and may be exercised by him in accordance with the Constitution and the law. (2) Nothing in this article shall— 15 (a) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or (b) prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor. 20 Election of Governor. 131. The Governor of a State shall be elected by direct vote of all persons who have the right to vote at a general election for the Legislative Assembly of the State. 25 Alternatively Appointment of Governor. *131. The Governor of a State shall be appointed by the President by warrant under his hand and seal from a panel of four candidates to be elected by the members of the Legislative Assembly of the State, 30 *Some of the members of the Committee are strongly in favour of this alternative, because they consider that the co-existence of a Governor elected by the people and a Prime Minister responsible to the Legislature might lead to friction and consequent weakness in administration. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 193 161THE DRAFT CONSTITUTION

or, where there is a Legislative Council in the State, by all the members of the Legislative Assembly and of the Legislative Council of the State assembled at a joint meeting, in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. 5 Term of office of Governor. 132. The Governor shall hold office for a term of *five years from the date on which he enters upon his office: 10 Provided that— (a) a Governor may, by resignation under his hand addressed to the Speaker of the Legislative Assembly of the State or where there are two Houses of the Legis- lature of the State, to the Speaker of the Legislative Assembly and the Chairman of the Legislative Council of the State, resign his office; 15 (b) a Governor may, for **violation of the Constitution, be removed from office by impeachment in the manner provided in article 137 of this Constitution; 20 (c) a Governor shall, notwithstanding the ex- piration of his term, continue to hold office until his successor enters upon his office. 25 Eligibility for re-elec- tion/re-ap- pointment as Governor. ***133. A person who holds, or who has held, office as Governor shall be eligible for re-election/re- appointment to that office once, but only once. 30 Qualifications for election as Governor. 134. (1) No person shall be eligible for election as Governor unless he is a citizen of India and has completed the age of thirty five years. *The Committee is of opinion that the term of office of the Governor should be five years instead of four years in view of the change suggested by the Committee in the life of the Assembly from four years to five years. **The Committee is of opinion that the Governor should be impeached only for violation of the Constitution as in the case of the President and not for any misbehaviour. ***If the second alternative is adopted in article 131, the word “re-appointment” will have to be used in this article instead of the word “re-election” 194 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 162 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES