Vol. 13 · pages 291–295

Courts, authorities and officers to continue to function after the commence- ment of this Constitution subject to the provisions thereof. 309. All courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of India shall continue to exercise their respective functions subject to the provisions of this Consti- tution. 5 Provisions as to judges of High Courts. 310. The judges of a High Court in any Province holding office immediately before the date of com- mencement of this Constitution shall, unless they have elected otherwise, become on that date the judges of the High Court in the corresponding State, and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave and pensions as are provided for under article 197 of this Constitution in respect of the judges of such High Court. 10 15 Provisions as to provisional Legislature of the Union, President, etc. 311. (1) Until both Houses of Parliament have been duly constituted and summoned to meet for the first session under this Constitution, the Consti- tuent Assembly of the Dominion of India shall itself exercise all the powers and perform all the duties conferred on Parliament and may in particular make law for securing the due constitution of the two Houses of Parliament and for providing for all matters relating to or connected with elections to either House of Parliament including the delimita- tion of constituencies and for such other ancillary and consequential matters as may be deemed neces- sary for the purpose of giving effect to the provi- sions of this Constitution. 20 25 30 Explanation:—For the purposes of this clause, the Constituent Assembly of the Dominion of India includes members chosen to till casual vacancies in that Assembly in accordance with rules made in that behalf by the Assembly, but shall not include any members representing any territory not includ- ed in the First Schedule. 35 (2) The Speaker of the Constituent Assembly when functioning as the Dominion Legislature under the Government of India Act, 1935, shall 40 290 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 258 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

continue to be the Speaker of such Assembly func- tioning under clause (1) of this article. *(3) Such person as the Constituent Assembly of the Dominion of India shall have elected in this behalf shall be the provisional President of India until a President has been elected in accordance with the provisions contained in Chapter I of Part V of this Constitution and has entered upon his office. 5 (4) All persons holding office as ministers for the Dominion of India immediately before the com- mencement of this Constitution shall after such commencement become members of the Council of ministers of the provisional President under this Constitution. 10 15 Provisions as to pro- visional Legis- lature, Governor, etc. in each State in Part I of the First Schedule. 312. (1) Until the House or Houses of the Legis- lature of each State for the time being specified in Part I of the First Schedule has or have been duly constituted and summoned to meet for the first session under the provisions of this Constitution, the House or Houses of the Legislature of the corresponding Province functioning immediately before the commencement of this Constitution shall exercise the powers and perform the duties conferred by the provisions of this Constitution on the House or Houses of the Legislature of such State. 20 25 (2) Any person holding office as Speaker of the Legislative Assembly or President of the Legisla- tive Council of a Province immediately before the commencement of this Constitution shall after such commencement be the Speaker of the Legisla- tive Assembly or the Chairman of the Legislative Council, as the case may be, of the corresponding State for the time being specified in Part I of the First Schedule while such Assembly or Council func- tions under clause (1) of this article. 30 35 *Two members of the Committee, the Honourable Dr. B.R. Ambedkar and Shri Alladi Krishnaswami Ayyar, are of opinion that for clause (3) of article 311 , the following clause should be substi- tuted :— “(3) The President of the Constituent Assembly of India shall become the provisional President of India until a President has been elected in accordance with the provisions contained in Chapter I of Part V of this Constitution and has entered upon his office”. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 291 259THE DRAFT CONSTITUTION

(3) Any person holding office as Governor in any Province immediately before the commencement of this Constitution shall after such commencement be the provisional Governor of the corresponding State for the time being specified in Part I of the First Schedule until a new Governor has been elect- ed/appointed* in accordance with the provisions of Chapter II of Part VI of this Constitution and has entered upon his office. 5 (4) All persons holding office as ministers in a Province immediately before the commencement of this Constitution shall after such commencement become members of the Council of ministers of the provisional Governor of the corresponding State for the time being specified in Part I of the First Schedule. 10 15 Power of the President remove difficulties. 313. (1) Subject to the Provisions of clause (1) of article 311 of this Constitution, the President may, for the purpose of removing any difficulties, parti- cularly in relation to the transition from the provi- sions of the Government of India Act, 1935, to the provisions of this Constitution, by Order, direct that this Constitution shall, during such period as may be specified in the Order, have effect subject to such adaptations, whether by way of variation, addition, or repeal, as he may deem to be necessary or expedient: 20 25 Provided that no such order shall be made after the first meeting of Parliament duly constituted under Chapter II of Part V of this Constitution. 30 (2) Every order made under clause (1) of this article shall be laid before each House of Parlia- ment. *If the second alternative is adopted in article 131, the word “appointed” will have to be used in this clause instead of the word “elected”. 292 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 260 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

PART XVIII Commencement and Repeals. Commence- meat. 314. This Constitution shall come into force on ... ...... ................................................... Repeals. 315. The Indian Independence Act, 1947, and the Government of India Act, 1935, including the India (Central Government and Legislature) Act, 1946, and all other enactments amending or supple- menting the Government of India Act, 1935, shall cease to have effect. 5 10 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 293 261THE DRAFT CONSTITUTION