constituent assembly of india debates (proceedings)- volume vii
constituent assembly of india debates (proceedings)- volume vii
constituent assembly of india debates (proceedings)- volume vii
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
11. The provisions <strong>of</strong> the Constitution Act relating to prorogation and dissolution <strong>of</strong> the legislature,<br />
the right <strong>of</strong> the Governor to address and send messages, election <strong>of</strong> members as Officers <strong>of</strong> the<br />
legislature and fixation <strong>of</strong> their salaries in Governor's Provinces shall apply mutatis mutandis in the case<br />
<strong>of</strong> Lieutenant Governors' Provinces.<br />
12. The Provisions <strong>of</strong> the Constitution Act relating to the making <strong>of</strong> declaration by members, vacation<br />
<strong>of</strong> seats, disqualifications <strong>of</strong> members, their privileges and immunities, salaries and allowances, in the<br />
Provincial Legislatures shall be as far as possible be applicable in the Lieutenant Governors' Provinces.<br />
13. The provisions <strong>of</strong> the Constitution Act relating to language to be used in the Provincial Legislature<br />
shall as far as possible be applicable in the case <strong>of</strong> these Provinces.<br />
Administrative Breakdown<br />
14. If at any time the President <strong>of</strong> the Federation is satisfied that the government <strong>of</strong> the Province<br />
cannot be carried on in accordance with these provisions, he should have power to supersede these<br />
arrangements, take the administration into his own hands and make such other provision for conducting<br />
it as he may consider necessary. The exercise <strong>of</strong> this power will be subject to the usual provisions<br />
relating to report to and control by the Federal Legislature in the case <strong>of</strong> emergencies in a Governor's<br />
Province.<br />
Judiciary<br />
15. (i) In the case <strong>of</strong> Coorg, the powers <strong>of</strong> a High Court shall be exercised by the Madras High Court.<br />
(ii) For Delhi and Ajmer- Merwara there shall be a High Court established in Delhi having original as<br />
well as appellate jurisdiction over both the provinces. The constitution <strong>of</strong> this High Court, the<br />
appointment <strong>of</strong> judges and their salaries, its jurisdiction and administrative functions shall be governed<br />
by the provisions <strong>of</strong> the Constitution Act applicable to the High Courts.<br />
Provincial Services<br />
16. (i) For higher appointments provision shall be made in the recruitment <strong>of</strong> All India Administrative<br />
Services for meeting the requirements <strong>of</strong> these three provinces.<br />
(ii) Provision shall be made for transfers inter se <strong>of</strong> service personnel recruited in the above manner<br />
in these three provinces.<br />
Representation in the Federal Legislature<br />
17. Notwithstanding anything to the contrary in the Union Constitution regarding the basis <strong>of</strong><br />
representation for the Houses <strong>of</strong> Federal Legislature, each <strong>of</strong> these three Minor Provinces should be<br />
treated as a unit <strong>of</strong> the Federation for purposes <strong>of</strong> representation in the two Houses <strong>of</strong> the Federal<br />
Legislature.<br />
CHIEF COMMISSIONERS' PROVINCES<br />
18. (i) Andaman and Nicobar Islands and such other areas as may be so designated shall be the Chief<br />
Commissioners' Provinces.<br />
(ii) The Andaman and Nicobar Islands shall continue to be administered as at present with such