THE DRAFT CONSTITUTION 129
THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 161
*Provided that the executive power referred to in sub-clause (a) of this clause shall not, save as expressly provided in this Constitution or in any law made by Parliament, extend in any State to matters with respect to which the Legislature of the State has also power to make laws.
(2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything contained in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution.
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Council of ministers to aid and advise President.
Other provisions as to ministers.
Council of Ministers 15
- (1) There shall be a Council of ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions.
(2) The question whether any, and if so what, advice was tendered by ministers to the President shall not be inquired into in any court.
- (1) The Prime Minister shall be appointed by the President and the other ministers shall be appointed by the President on the advice of the Prime Minister.
(2) The ministers shall hold office during the pleasure of the President.
(3) The Council shall be collectively responsible to the House of the People.
(4) Before a minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.
*The Committee has inserted this proviso on the view that the executive power in respect of Concurrent List subjects should’ vest primarily in the State-concerned except as otherwise provided in the Constitution or in any law made by Parliament.
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