Page:White Paper on Indian States (1950).pdf/279

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

269

(2) Nothing in the preceding paragraphs of this Article shall be deemed to prevent the Raj Pramukh from consulting the Council of Ministers in regard to any of the matters mentioned therein.

Article VIII

The Raj Pramukh shall, as soon as practicable and in any event not later than the 30th of August 1948 execute on behalf of the Union an Instrument of Accession in accordance with the provisions of section 6 of the Government of India Act, 1935, and in place of the Instruments of Accession of the several Covenanting States: and he shall by such instrument accept as matters with respect to which the Dominion Legislature may make laws for the Union all the matters mentioned in List I and List III of the Seventh Schedule to the said Act, except the entries in List I relating to any tax or duty.

Article IX

Subject to the provisions of this Covenant and of the Constitution to be framed thereunder the executive authority of the Union shall be exercised by the Raj Pramukh either directly or through officers subordinate to him, but the Raj Pramukh may from time to time consult the Up-Raj Pramukh in important matters connected with the administration of the Union. Nothing in this article shall prevent any competent legislature of the Union from conferring functions upon subordinate authorities or be deemed to transfer to the Raj Pramukb any functions conferred by any existing law on any Court, Judge, officer, or local or other authority in a Covenanting State.

Article X

(1) There shall be formed, as soon as may be practicable a Constituent Assembly in the manner indicated in Schedule II; and it shall be the duty of that Assembly to frame a constitution of a unitary type for the Union within the framework of this Covenant and the constitution of India, and providing for a Government responsible to the Legislature.

(2) Until Legislature elected in accordance with the terms of the Constitution framed by it comes into being, the Constituent Assembly as constituted in the manner indicated in Schedule II shall function as the interim Legislature of the Union.

Provided that until a Constitution framed by the Constituent Assembly comes into operation after receiving the assent of the Raj Pramukh, the Raj Pramukh shall have power to make and promulgate Ordinances for the peace and good Government of the Union or any part thereof, and