THE CONSTITUTION OF INDIA. India

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      (b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement:

      Provided that the executive power referred to in sub-clause (a) shall not, save as expressly provided in this Constitution or in any law made by Parliament, extend in any State to matters with respect to which the Legislature of the State has also power to make laws.

      (2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution.

      Council of Ministers

      74. Council of Ministers to aid and advise President

      (1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice:

      Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.

      (2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.

      75. Other provisions as to Ministers

      (1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.

      (1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent. of the total number of members of the House of the People.

      (1B) A member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier.

      (2) The Ministers shall hold office during the pleasure of the President.

      (3) The Council of Ministers shall be collectively responsible to the House of the People.

      (4) Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.

      (5) A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister.

      (6) The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule.

      The Attorney-General for India

      76. Attorney-General for India

      (1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India.

      (2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.

      (3) In the performance of his duties the Attorney-General shall have right of audience in all courts in the territory of India.

      (4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.

      Conduct of Government Business

      77. Conduct of business of the Government of India

      (1) All executive action of the Government of India shall be expressed to be taken in the name of the President.

      (2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules^[5]to be made by the President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.

      (3) The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.

      * * * *

      78. Duties of Prime Minister as respects the furnishing of information to the President, etc

      It shall be the duty of the Prime Minister—

      (a) to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation;

      (b) to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and

      (c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

      Chapter II. — Parliament

      General

      79. Constitution of Parliament

      There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States and the House of the People.

      80. Composition of the Council of States

      (1) The Council of States shall consist of—

      (a) twelve members to be nominated by the President in accordance with the provisions of clause (3); and

      (b) not more than two hundred and thirty-eight representatives of the States and of the Union territories.

      (2) The allocation of seats in the Council of States to be filled by representatives of the States and of the Union territories shall be in accordance with the provisions in that behalf contained in the Fourth Schedule.

      (3) The members to be nominated by the President under sub-clause (a) of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely: — Literature, science, art and social service.

      (4) The representatives of each State in the Council of States shall be elected СКАЧАТЬ