9. Draft Constitution as published in the Gazette of India, dated 26th February 1948 with Dr. Ambedkar’s letter dated 21st February 1948 to Dr. Rajendra Prasad,President of the Constituent Assembly of India - Page 196

THE DRAFT CONSTITUTION 163

THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 195

(2) A person shall not be eligible for election as a Governor of a State—

(a) if he is disqualified for being chosen as a member of the Legislative Assembly of the State: 5

Provided that it shall not be necessary for any such person to be a resident of the State; or

(b) if he holds any office or position of emolument under the Government of India or the Government of any State for the time 10 being specified in the First Schedule, or under any local or other authority subject to the control of any of the said Governments.

Explanation.—For the purposes of this 15 clause a person shall not be deemed to hold any office or position of emolument by reason only that—

(a) he is a minister either for India or for any State for the time being specified in Part I of the First Schedule; or 20

(b) he is a minister for any State for the time being specified in Part III of the First Schedule, if he is responsible to the Legislature of the State, or, where there are two Houses of the Legislature of the 25 State, to the Lower House of such Legislature, and if not less than three-fourths of the members of such Legislature or House, as the case may be, are elected.

Alternatively 30

Qualifications 134. (1) No person shall be eligible for appointfor appoint- ment as Governor unless he is a citizen of India and niont as has completed the age of thirty-five years. Governor. (2) A person shall not be eligible for appointment as Governor of a State if he is disqualified for being 35 chosen as a member of the Legislative Assembly of the State

Provided that it shall not be necessary for any such person to be a resident of the State.

Conditions of 135. (1) The Governor shall not be a member 40 Governor’s either of Parliament or of the Legislature of any office. State for the time being specified in the First

*If the second alternative is adopted in article 131, this alternative will have to be adopted in the present article.