cover image: Constituent Assembly Debates. Official Report  Thursday  30th December  1948

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Constituent Assembly Debates. Official Report Thursday 30th December 1948

1948

Section 61 which is the corresponding section in the Australian Consttution to article 60 of our Draft Constitution says that the executive power extends to the execution and maintenance of the Constitution and of the laws of the Commonwealth. [...] One of the things which the then Secretary of State did was to introduce this clause which is contained in Section 126 of the Goernment of India Act which stated that the authority of the Central Goverment so far as legislation in the concurrent -field was concerned was to be strictly limited to the issue of directions and it thould not extend to the actual administration of the matter itsel [...] in the case of defence—the executive power in relation to the subject of the grant inheres in the Commonwealth but in respect of concurrent powers the executive function remains with the States until the Commonwealth legislative power is exercised. [...] The method by which ministerare appointed to the cabinet as envisaged in the Draft Constitution and as has been practice in the past under the Government of India Act 1935 and previous thereto also is that the leader of the party which hag been returned in majority is called upon by the Governor or the Goyernor-General as the case may be and he is asked to form a government; and he chooses [...] in the firstplaikergs I said they are not chosen by the entire House consisting of 200 persons and even the Leader who is called the Prime Minister and who forms the Cabinet is not elected by a majority of the House; and in the case of othtr members of the Cabinet they are not chosen at all by the people.
government politics public policy
Pages
39
Published in
India
SARF Document ID
sarf.100003
Segment Pages Author Actions
Frontmatter
i-i unknown view
Draft Constitution
1129-1166 unknown view