Vol. 13 · pages 231–235

Provided that no Bill for any such purpose shall be introduced in either House of Parliament unless— (i) where the jurisdiction is to be extended to or excluded from a State for the time being specified in Part I or Division A of Part III of the First Schedule or any area within such State, the consent of such other State has been obtained; and 5 (ii) where the jurisdiction is to be extended, the consent of the State in which the High Court has its principal seat has also been obtained 10 Restrictions on the power of the Legis- latures of States to make laws with respect to jurisdic- tion of a High Court in a State having jurisdiction outside that State. 208. Where a High Court exercises jurisdiction in relation to any area outside the State in which it has its principal seat, nothing in this Constitution shall be construed— 15 (a) as empowering the Legislature of the State in which the court has its principal seat to increase, restrict or abolish that juris- diction; 20 (b) as empowering the Legislature of a State for the time being specified in Part I or Part III of the First Schedule in which any such area is situate, to abolish that jurisdiction; or 25 (c) as preventing the Legislature having power to make laws in that behalf for any such area, from passing, subject to the provisions of clause (b) of this article, such laws with respect to the jurisdiction of the court in relation to that area as it would be competent to pass if the prin- cipal seat of the court were in that area. 30 Interpretation. 209. Where a High Court exercises jurisdiction in relation to more than one State or in relation to a State and an area not forming part of the State— 35 (a) references in this Chapter to the Governor in relation to the judges of a High Court shall be construed as references to the Governor of the State in which the court has its principal seat; 40 (b) the reference to the approval by the Gover- nor of rules, forms and tables for subordi- nate courts shall be construed as a refer230 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 198 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

ence to the approval thereof by the Gover- nor or the Ruler of the State in which the subordinate court is situate, or if it is situate in an area not forming part of any State for the time being specified in Part I or Part III of the First Schedule, by the President; and 5 (c) references to the revenues of the State shall be construed as references to the revenues of the State in which the court has its principal seat. 10 CHAPTER IX—*Auditors-in-Chief for the States Auditor-in- Chief for a State. 210. (1) The Legislature of a State for the time being specified in Part I of the First Schedule may by law provide for the appointment of an Auditor-in- Chief for the State and when such provision has been made an Auditor-in-Chief for that State may be appointed by the Governor in his discretion and the Auditor-in-Chief so appointed shall only be removed from office in like manner and on the like grounds as a judge of the High Court of the State. 15 20 (2) An Act passed under clause (1) of this article by the Legislature of a State shall provide that no appointment of an Auditor-in-Chief for the State shall be made until the expiration of at least three years from the date of the publication after assent of the Act. 25 (3) Every such Act shall prescribe the conditions of service of the Auditor-in-Chief and the duties which shall be performed and the powers which shall be exercised by the Auditor-in-Chief in relation to the accounts of the State and shall declare the salary, allowances and pension payable to or in respect of the Auditor-in-Chief to be charged on the revenues of the State. 30 35 *The Committee is of opinion that the person performing the functions of an Auditor-General in a State should be designated as Auditor-in-Chief to distinguish him from the Auditor-General of India. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 231 199THE DRAFT CONSTITUTION

(4) The Auditor-in-Chief of the State shall be eligible for appointment as Auditor-General of India or as Auditor-in-Chief for any other State for the time being specified in Part I of the First Schedule but not for any other appointment either under the Government of India or under the Government of any State after he has ceased to hold his office. 5 (5) The salaries, allowances and pensions pay- able to or in respect of members of the staff of the Auditor-in-Chief of a State shall be fixed by the Auditor-in-Chief in consultation with the Governor and shall be charged upon the revenues of the State. 10 (6) Nothing in this article shall derogate from the power of the Auditor-General of India to give such directions in respect of the accounts of the States for the time being specified in Part I of the First Schedule as are mentioned in article 126 of this Constitution. 15 Audit reports 211. The reports of the Auditor-General of India or the Auditor-in-Chief of the State, as the case may be, relating to the accounts of a State for the time being specified in Part I of the First Schedule shall be submitted to the Governor of the State, who snail cause them to be laid before the Legislature of the State. 20 25 232 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 200 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

PART VII *The States in Part II of the First Schedule Administra- tion of States in Part. II of the First Schedule. 212. (1) Subject to the other provisions of this Part, a State for the time being specified in Part II of the First Schedule shall be administered by the President acting, to such extent as he thinks fit, through a Chief Commissioner or a Lieutenant- Governor to be appointed by him or through the Governor or Ruler of a neighbouring State: 5 10 Provided that the President shall not act through the Governor or Ruler of a neighbouring State save after— (a) consulting the Governor or Ruler concern- ed; and 15 (b) ascertaining in such manner as the Presi- dent considers most appropriate the wishes of the people of the State to be so administered. **(2) Any State for the time being specified in Part III of the First Schedule whose Ruler has ceded full and exclusive authority, jurisdiction and powers for and in relation to the governance of the State to the Government of India shall be administered in all respects as if the State were for the time being specified in Part II of the First Schedule; and, accordingly, all the provisions of this Constitution relating to States specified in the said Part II shall apply to such State. 20 25 *The Committee is of opinion that it is not necessary to make any detailed provisions with regard to the Constitution of the States specified in Part II of the First Schedule which are at pre- sent Chief Commissioners’ Provinces on the lines suggested by the ad hoc Committee on Chief Commissioners’ Provinces in their recommendations. The revised provisions proposed in this Part would enable the recommendations of the ad hoc Committee, if adopted by the Constituent Assembly, to be given effect to by the President by order. **This clause has been inserted by the Committee to provide for the administration of State.; in Part III of the First Schedule (e.g. the Orissa States) which have ceded full and exclusive authority, jurisdiction and powers to the Government of India. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 233 201THE DRAFT CONSTITUTION

Creation or continuance of local Legis- lature or Council of Advisors. 213. The President may, by order, create or con- tinue for any State for the time being specified in Part II of the First Schedule and administered through a Chief Commissioner or Lieutenant- Governor— (a) a local Legislature, or (b) a Council of Advisers or both, with such constitution, powers and func- tions, in each case, as may be specified in the order. 5 Coorg. 214. Until other provision is made in this behalf by the President, the constitution, powers and functions of the Coorg Legislative Council and the arrangements with respect to revenues collected in Coorg and expenses in respect of Coorg shall re- main unchanged. 10 15 234 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 202 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES