THE DRAFT CONSTITUTION 167
THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 199
Extent of executive power of States.
Council of ministers to aid and advise Governor.
Other provisions as to ministers.
- Subject to the provisions of this Constitution, the executive power of each State shall extend—
(a) to the matters with respect to which the Legislature of the State has power to make laws, and
(b) to the exercise of such rights, authority and jurisdiction as are exercisable under any agreement entered into with any State or group of States for the time being specified in Part III of the First Schedule under article 236 or article 237 of this Constitution.
Council of Ministers
- (1) There shall be a Council of ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.
(2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
(3) The question whether any, and if so what, advice was tendered by ministers to the Governor shall not be inquired into in any court.
- (1) The Governor’s ministers shall be appointed by him and shall hold office during his pleasure:
Provided that in the States of Bihar, Central Provinces and Berar and Orissa, there shall be a minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.
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