Vol. 13 · pages 196–200

(2) A person shall not be eligible for election as a Governor of a State— (a) if he is disqualified for being chosen as a member of the Legislative Assembly of the State: 5 Provided that it shall not be necessary for any such person to be a resident of the State; or (b) if he holds any office or position of emolu- ment under the Government of India or the Government of any State for the time being specified in the First Schedule, or under any local or other authority sub- ject to the control of any of the said Governments. 10 Explanation.—For the purposes of this clause a person shall not be deemed to hold any office or position of emolument by reason only that— 15 (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 20 (b) he is a minister for any State for the time being specified in Part III of the First Schedule, if he is responsible to the Legis- lature of the State, or, where there are two Houses of the Legislature of the State, to the Lower House of such Legis- lature, and if not less than three-fourths of the members of such Legislature or House, as the case may be, are elected. 25 Alternatively 30 Qualifications for appoint- niont as Governor. *134. (1) No person shall be eligible for appoint- ment as Governor unless he is a citizen of India and has completed the age of thirty-five years. (2) A person shall not be eligible for appointment as Governor of a State if he is disqualified for being chosen as a member of the Legislative Assembly of the State* Provided that it shall not be necessary for any such person to be a resident of the State. 35 Conditions of Governor’s office. 135. (1) The Governor shall not be a member either of Parliament or of the Legislature of any State for the time being specified in the First 40 *If the second alternative is adopted in article 131, this alter- native will have to be adopted in the present article. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 195 163THE DRAFT CONSTITUTION

Schedule, and if a member of Parliament or of the Legislature of any such State be elected/*appointed Governor, he shall be deemed to have vacated His seat in Parliament or such Legislature, as the case may be, on the date on which he enters upon his office as Governor. 5 (2) The Governor shall not hold any other office or position of emolument. (3) The Governor shall have an official residence, and there shall be paid to the Governor such emolu- ments and allowances as may be determined by the Legislature of the State by law and, until provision in that behalf is so made, such emoluments and allow- ances as are specified in the Second Schedule. 10 (4) The emoluments and allowances of the Gover- nor shall not be diminished during his term of office. 15 Affirmation or oath by the Governor or person discharging the functions of the Governor before entering office. 136. Every Governor and every person discharg- ing the functions of the Governor shall before enter- ing upon his office make and subscribe in the presence of the members of the Legislature of the State an affirmation or oath in the following form, that is to say:— 20 “I, A. B., do solemnly affirm (or swear) that I will faithfully execute the office of Governor (or discharge the functions of the Governor) of ________ (name of the State) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of_______________ (name of the State).” 25 30 Procedure for impeachment of the Governor. 137. (1) When a Governor is to be impeached for violation of the Constitution, the charge shall be pre- ferred by the Legislative Assembly of the State. (2) No such charge shall be preferred unless— 35 40 (a) the proposal to prefer such charge is con- tained in a resolution which has been moved after a notice in writing signed by not less than thirty members of the Assembly has been given of their intention to move the resolution, and *If the second alternative is adopted in article 131, the word “appointed” will have to be used in clause (1) of this article instead of the word “elected”. 196 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 164 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

(b) the resolution has been supported by not less than two-thirds of the total member- ship of the Assembly. (3) When a charge has been so preferred, the Speaker of the Assembly shall inform the Chairman of the Council of States and thereupon the Council of States shall appoint a committee which may consist of or include persons who are not members of the Council, to investigate the charge and the Governor shall have the right to appear and to be represented at such investigation. 5 10 (4) If as a result of the investigation a resolution is passed, supported by not less than two-thirds of the total membership of the Council of States declaring that the charge preferred against the Governor has been sustained, such resolution shall have the effect of removing the Governor from his office as from the date on which the resolution is communicated to the Speaker of the Assembly. 15 Power of the Legisla- ture of the State/the President to provide for the discharge of the func- tions of the Governor in certain con- tingencies. *138. The Legislature of a State may make such provision as it thinks fit/The President may make such provision as he thinks fit for the discharge of the functions of the Governor of the/a State in any contingency not provided for in this Chapter. 20 *If the second alternative is adopted in article 131, the words “The President may make such provision as he thinks fit” will have to be used in this article instead of the words “The Legis- lature of a State may make such provision as it thinks fit” and the words “a State” will have to be used for the words “the State” in this article. The Committee is of opinion that whether the Governor is elected by the people or appointed by the President from a panel elected by the Legislature, it is unnecessary to have a Deputy Governor. Unlike the Vice-President at the Centre, the Deputy Governor cannot be made ex-officio Chairman of the Upper House, because in most of the States there will be no Upper House. The result is that the Deputy Governor will have no definite function to perform so long as the Governor is there. The only ground for creating the office of a Deputy Governor appears to be that there must be some person to step into the position of the Governor upon the occurrence of a sudden vacancy. The making of such a provision can be left to the Legislature of the State or to the Presi- dent, as the case may be, e.g., the Legislature or the President may provide in advance that, in the event of a sudden vacancy occurring in the office of the Governor, the Chief Justice shall discharge the functions of the Governor ( cf. paragraph. 6 of the Letters Patent constituting the office of Governor-General of the Union of South Africa, where it is provided that the Chief Justice of South Africa may, in certain contingencies, exercise the powers of the Governor-General.) THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 197 165THE DRAFT CONSTITUTION

Time of holding elections/ time of holding elec- tions to cons- titute a panel for the filling of vacancies in the office Governor. *139. (1) An election/An election to constitute a panel for the purpose of filling a vacancy caused by the expiration of the term of office of a Governor shall be completed before the expiration of the term. 5 (2) An election /An election to constitute a panel for the purpose of filling a vacancy in the office of Governor occurring by reason of his death, resignation or removal or otherwise shall be held as soon as possible after the occurrence of the vacancy and the person elected/appointed to fill the vacancy shall be entitled to hold office for the full term of five years as provided in article 132 of this Consti- tution. 10 Matters re- lating to or connected with the election of a Governor/ the election to constitute a panel for the appoint- ment of a Governor. **140. (1) All doubts and disputes arising out of or in connection with the election of a Governor/the election to constitute a panel for the purpose of the appointment of a Governor shall be inquired into and decided by the Supreme Court whose decision shall be final. 15 20 (2) Subject to the provisions of this Constitution, the Legislature of the State may, by law, regulate any matter relating to or connected with the election of a Governor/the election to constitute a panel for the purpose of the appointment of a Governor. 25 Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases 141. The Governor of a State shall have the power to grant pardons, reprieves, respites or remis- sions of punishment, or to suspend, remit or com- mute the sentence, of any person convicted of any offence against any law relating to a matter with respect to which the Legislature of the State has power to make laws. 30 *If the second alternative is adopted in article 131, then the words “An election to constitute a panel” will have to be used in clauses (1) and (2) of this article instead of the words “An election” and the word “appointed” will have to be used in clause (2) of this article instead of the word “elected”. **If the second alternative is adopted in article 131, then the words “the election to constitute a panel for the purpose of the appointment of a Governor” will have to be used in clauses (1) and (2) of this article instead of the words “the election of a Governor”. 198 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 166 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

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