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 292

THE DRAFT CONSTITUTION 259

THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 291

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 5 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.

(4) All persons holding office as ministers for 10

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. 15

Provisions 312. (1) Until the House or Houses of the Legis- as to pro- lature of each State for the time being specified in visional Legis- Part I of the First Schedule has or have been duly constituted and summoned to meet for the first lature, session under the provisions of this Constitution, Governor, 20 the House or Houses of the Legislature of the etc. in each corresponding Province functioning immediately State in Part before the commencement of this Constitution shall I of the First exercise the powers and perform the duties conferred Schedule. by the provisions of this Constitution on the House or Houses of the Legislature of such State. 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

30 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. 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”.