Vol. 13 · pages 301–305

Justice or any other judge of the Supreme Court, or the Governor of the State in the case of the Chief Justice or any other judge of such High Court, may from time to time prescribe. 12. (1) The rights in respect of leave of absence or pension of the Chief Justice or any other judge of the Supreme Court shall be governed or shall continue to be governed, as the case may be, by the provisions which were applicable to any such judge of the Federal Court. 5 (2) The rights in respect of leave of absence or pension of the Chief Justice or any other judge of a High Court within the territory of India except the States for the time being specified in Part III of the First Schedule shall be governed or shall continue to be governed, as the case may be, by the same provisions which were applicable immediately before the commencement of this Constitution to any such judge of such High Court. 10 15 (3) For the purposes of this paragraph, a person who was serving as an ad hoc judge, acting judge or additional judge at the commencement of this Constitution shall be deemed to have been serving as a judge at that date if, but only if, his service as such ad hoc judge, acting judge or additional judge continued without interruption until his subsequent permanent appointment as a judge. 20 13. In this Part, unless the context otherwise requires,— 25 (a) the expression “Chief Justice” includes an acting Chief Justice, and a “judge” includes an ad hoc judge, an acting judge and an additional judge; (b) “actual service” includes— (i) time spent by a judge on duty as a judge or in the performance of such other functions as he may be directed by the President or the Governor, as the case may be, or by the Commission appointed under Article 289 of this Constitution to discharge; 30 35 (ii) vacations, excluding any time during which the judge is absent on leave; and (iii) joining time on transfer from a High Court to the Supreme Court or from one High Court to another. 40 299 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 268 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Part V PROVISIONS AS TO THE AUDITOR-GENERAL OF INDIA 14. There shall be paid to the Auditor-General of India a salary at the rate of four thousand rupees per mensem. 5 15. The rights in respect of leave of absence or pension of the Auditor-General of India shall be governed or shall continue to be governed, as the case may be, by the provisions which were applicable to the Auditor-General of India immediately before the commencement of this Constitution and all references in those provisions to the Governor-General shall be construed as references to the President. 10 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 300 269THE DRAFT CONSTITUTION

THIRD SCHEDULE [Articles 62 (4), 81, 103 (6), 144 (2), 165 and 195] FORMS OF DECLARATIONS I Form of oath of office for a Minister for the Union:— 5 “I, A.B., do solemnly affirm (or swear) that I will bear true faith and allegiance to the Constitution of India as by law established, that I will faithfully and conscientiously dis- charge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or illwill.” 10 II Form of oath of secrecy for a Minister for the Union:— “I, A.B., do solemnly affirm (or swear) that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consi- deration or shall become known to me as a Minister for the Union except as may be required for the due discharge of my duties as such Minister.” 15 20 III Form of declaration to be made by a member of Parliament:— “I, A.B., having been elected (or nominated) a member of the Council of States (or the House of the People) do solemnly and sincerely promise and declare that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.” 25 IV Form of declaration to be made by the judges of the Supreme Court:— 30 “I, A.B., having been appointed Chief Justice (or a judge) of the Supreme Court of India do solemnly and sincerely promise and declare that I will bear true faith and allegi- ance to the Constitution of India as by law established, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or illwill and that I will uphold the Constitution and the laws.” 35 301 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 270 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

V Form of oath of office for a Minister for a State for the time being specified in Part I of the First Schedule:— “I, A.B., do solemnly affirm (or swear) that I will bear true faith and allegiance to the Constitution of India as by law established, that I will faithfully and conscientiously discharge my duties as a Minister for the State of and that I will do right to all manner of people in accord- ance with the Constitution and the law without fear or favour, affection or illwill.” 5 VI Form of oath of secrecy for a Minister for a State for the time being specified in Part I of the First Schedule:— 10 “I, A.B., do solemnly affirm (or swear) that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consi- deration or shall become known to me as a Minister of except as may be required for the due dis- charge of my duties as such Minister or as may be specially permitted by the Governor in the case of any matter pertain- ing to the functions to be exercised by him in his discre- tion.” 15 20 VII Form of declaration to be made by a member of the Legisla- ture of a State for the time being specified in Part I of the First Schedule:— 25 “I, A.B., having been elected (or nominated) a member of the Legislative Assembly (or Legislative Council), do solemnly and sincerely promise and declare that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.” 30 VIII Form of declaration to be made by the judges of a High Court:— 35 “I, A. B., having been appointed Chief Justice (or a judge) of the High Court at (or of) ----- do solemnly and sincerely promise and declare that I will bear true faith and allegiance to the Constitution of India as by law established, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or illwill and that I will uphold the Constitution and the laws.” 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 302 271THE DRAFT CONSTITUTION

FOURTH SCHEDULE [Article 144 (4) ] INSTRUCTIONS TO THE GOVERNORS OF STATES IN PART I OF THE FIRST SCHEDULE 1. In these instructions, unless the context otherwise requires, the term “Governor” shall include every person for the time being discharging the functions of the Governor according to the provisions of this Constitution. 5 2, In making appointments to his Council of ministers the Governor shall use his best endeavours to select his ministers in the following manner, that is to say, to appoint in consultation with the person who in his judgment is most likely to command a stable majority in the Legislature those persons (including so far as practicable members of impor- tant minority communities) who will best be in a position collectively to command the confidence of the Legislature. In so acting, he shall bear constantly in mind the need for fostering a sense of joint responsibility among the ministers. 10 15 3. In all matters within the scope of the executive power of the State, save in relation to functions which he is required by or under this Constitution to exercise in his discretion, the Governor shall, in the exercise of the powers conferred upon him, be guided by the advice of his ministers. 20 4. The Governor shall do all that in him lies to maintain standards of good administration, to promote all measures making for moral, social and economic welfare and tending to fit all classes of the population to take their due share in the public life and government of the State, and to secure amongst all classes and creeds co-operation, goodwill and mutual respect for religious beliefs and sentiments. 25 30 303 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 272 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES