Vol. 13 · pages 201–205

(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