Vol. 13 · pages 221–225

Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circum- stances appear to him to require: Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if an Act of the Legislature of the State containing the same provisions would under the provisions of this Constitution have been invalid unless, having been reserved for the consideration of the President, it had received the assent of the President. 5 10 (2) An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislature of the State assented to by the Governor, but every such Ordinance— 15 (a) shall be laid before the Legislative Assembly of the State, or where there is a Legis- lative Council in the State, before both the Houses, and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, or if before the expiration of that period a resolu- tion dis-approving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as tie case may be, on the resolution being agreed to by the Council; and 20 25 (b) may be withdrawn at any time by the Governor. 30 Explanation.—Where the Houses of the Legis- lature of a State having a Legislative Council are summoned to re-assemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause. 35 (3) If and so far as an Ordinance under this arti- cle makes any provision which would not be valid if enacted in an Act of the Legislature of the State assented to by the Governor, it shall be void: 40 Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of the Legislature of a State which is repugnant to 220 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 188 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

an Act of Parliament or an existing law with res- pect to a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration of the President and assented to by him. 5 CHAPTER V—Provisions in Cases of Grave Emergencies Power of Governor in grave emergencies. 188. (1) If at any time the Governor of a State is satisfied that a grave emergency has arisen which threatens the peace and tranquillity of the State and that it is not possible to carry on the Government of the State in accordance with the provisions of this Constitution, he may, by proclamation, declare that his functions shall, to such extent as may be specified in the proclamation, be exercised by him in his discretion, and any such proclamation may contain such incidental and consequential provisions as may appear to him necessary or desirable for giving effect to the objects of the proclamation including-provisions for suspending in whole or in part the operation of any provisions of this Consti- tution relating to any body or authority in the State: 10 15 20 25 Provided that nothing in this clause shall authorise the Governor to suspend, either in whole or in part, the operation of any provision of this Constitution relating to High Courts. (2) The proclamation shall be forthwith commu- nicated by the Governor to the President who may, thereupon either revoke the proclamation or take such action as he considers appropriate in exercise of the emergency powers vested in him under article 278 of this Constitution. 30 35 (3) A proclamation under this article shall cease to operate at the expiration of two weeks unless revoked earlier by the Governor or by the President by public notification. (4) The functions of the Governor under this article shall be exercised by him in his discretion. 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 221 189THE DRAFT CONSTITUTION

CHAPTER VI—Scheduled and Tribal Areas Definitions. 189 In this Constitution— (a) the expression “scheduled areas” means the areas specified in Parts I to VII of the table appended to paragraph 18 of the Fifth Schedule in relation to the States to which those Parts respectively relate; 5 (b) the expression “tribal areas” means the areas specified in Parts I and II of the table appended to paragraph 19 of the Sixth Schedule. 10 Administra- tion of sche- duled and tribal areas. 190. (1) The provisions of the Fifth Schedule shall apply to the administration and control of the scheduled areas and scheduled tribes in any State for the time being specified in Part I of the First Sche- dule. 15 (2) The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the State of Assam. 20 CHAPTER VII—The High Courts in the States Meaning of “High Court”. 191. (1) For the purposes of this Constitution the following courts shall, in relation to the territory of India except the States for the time being specified in Part III of the First Schedule, be deemed to be High Courts, that is to say,— 25 (a) the High Courts in Calcutta, Madras, Bombay, Allahabad, Patna and Nagpur, the High Court of East run jab and the Chief Court in Oudh; 30 (b) any other court in any of these States constituted or re-constituted under this Chapter as a High Court; and (c) any other court in any of these States which may be declared by the appropriate Legislature by law to be a High Court for the purposes of this Constitution: 35 222 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 190 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Provided that if provision is made by the appro- priate Legislature for the establishment of a High Court to replace any court or courts mentioned in this clause, then, as from the establishment of the new court, this article shall have effect as if the new court were mentioned therein in lieu of the court or courts so replaced. 5 (2) Save as otherwise provided, the provisions of this Chapter shall apply to every High Court refer- red to in clause (1) of this article. 10 Constitution of High Courts. 192. Every High Court shall be a court of record and shall consist of a Chief Justice and such other judges as the President may from time to time deem it necessary to appoint: Provided that the judges so appointed together with any additional judges appointed by the Presi- dent in accordance with the following provisions of this Chapter shall at no time exceed in number such maximum as the President may by order fix in rela- tion to that Court. 15 20 Appointment and condi- tions of the office, of a High Court. 193. (1) Every judge of a High Court shall be appointed by the President by a warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and in the case of appointment of a judge other than the Chief Justice, the Chief Justice of the High Court of the State, and shall hold office until he attains the age of sixty years *or such higher age not exceeding sixty-five years as may be fixed in this behalf by law of the Legislature of the State: 25 30 *The provision for a higher age than 60 years does not exist in the Government of India Act, 1935. The result is that the best men from the Bar often refuse appointments on the Bench because under the existing age-limit of 60 years they would not have time to earn a full pension. It hay also been pointed out that when the age-limit for judges of the Supreme Court is 65 years it would not be possible to hold that a judge was too old for a High Court after 60. In view of the different conditions prevail- ing in different States, the Committee has added the underlined words in this article so as to enable the Legislature of each State to fix any age-limit not exceeding 65 years. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 223 191THE DRAFT CONSTITUTION

Provided that— (a) a judge may, by writing under his hand addressed to the Governor, resign his office; (b) a judge may be removed from his office by the President in the manner provided in clause (4) of article 103 of this Constitu- tion for the removal of a judge of the Supreme Court; 5 (c) the office of the judge shall be vacated by his being appointed by the President to be a judge of the Supreme Court or of any other High Court. 10 (2) A person shall not be qualified for appoint- ment as a judge of a High Court unless he is a citizen of India and— 15 (a) has held for at least ten years a judicial office in any State in or for which there is a High Court; or (b) has been for at least ten years an advocate of a High Court or of two or more such courts in succession. 20 Explanation I.—For the purposes of this clause— (a) in computing the period during which a person has been an advocate of a High Court, there shall be included any period during which a person held judicial office after he became an advocate; 25 (b) in computing the period during which a person has held judicial office in a State; for the time being specified in Part I or Part II of the First Schedule or been an advocate of a High Court, there shall be included any period before the commence- ment of this Constitution during which he held judicial office in any area which was comprised before the fifteenth day of August, 1947, within British India as defined by the Government of India Act, 1935, or has been an advocate of any High Court in any such area, as the case may be. 30 35 40 224 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 192 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES