India

THE CONSTITUTION OF INDIA


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of the Court authorised by the Chief Justice of India to make rules for the purpose:

      Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President.

      (3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of India, and any fees or other moneys taken by the Court shall form part of that Fund.

      147. Interpretation

      In this Chapter and in Chapter V of Part VI, references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or of any Order in Council or order made thereunder, or of the Indian Independence Act, 1947, or of any order made thereunder.

      Chapter V. — Comptroller and Auditor-General of India

      148. Comptroller and Auditor-General of India

      (1) There shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a Judge of the Supreme Court.

      (2) Every person appointed to be the Comptroller and Auditor-General of India shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

      (3) The salary and other conditions of service of the Comptroller and Auditor-General shall be such as may be determined by Parliament by law and, until they are so determined, shall be as specified in the Second Schedule:

      Provided that neither the salary of a Comptroller and Auditor-General nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment.

      (4) The Comptroller and Auditor-General shall not be eligible for further office either under the Government of India or under the Government of any State after he has ceased to hold his office.

      (5) Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the Comptroller and Auditor-General shall be such as may be prescribed by rules made by the President after consultation with the Comptroller and Auditor-General.

      (6) The administrative expenses of the office of the Comptroller and Auditor-General, including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged upon the Consolidated Fund of India.

      149. Duties and powers of the Comptroller and Auditor-General

      The Comptroller and Auditor-General shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States and of any other authority or body as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States as were conferred on or exercisable by the Auditor-General of India immediately before the commencement of this Constitution in relation to the accounts of the Dominion of India and of the Provinces respectively.

      150. Form of accounts of the Union and of the States

      The accounts of the Union and of the States shall be kept in such form as the President may, on the advice of the Comptroller and Auditor-General of India, prescribe.

      151. Audit reports

      (1) The reports of the Comptroller and Auditor-General of India relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of Parliament.

      (2) The reports of the Comptroller and Auditor-General of India relating to the accounts of a State shall be submitted to the Governor of the State, who shall cause them to be laid before the Legislature of the State.

      PART VI

      THE STATES

      Chapter I. — General

      152. Definition

      In this Part, unless the context otherwise requires, the expression "State" does not include the State of Jammu and Kashmir.

      Chapter II. — The Executive

      The Governor

      153. Governors of States

      There shall be a Governor for each State:

      provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.

      154. Executive power of State

      (1) The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.

      (2) Nothing in this article shall—

      (a) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or

      (b) prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor.

      155. Appointment of Governor

      The Governor of a State shall be appointed by the President by warrant under his hand and seal.

      156. Term of office of Governor

      (1) The Governor shall hold office during the pleasure of the President.

      (2) The Governor may, by writing under his hand addressed to the President, resign his office.

      (3) Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five years from the date on which he enters upon his office:

      Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

      157. Qualifications for appointment as Governor

      No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.

      158. Conditions of Governor's office

      (1) The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.

      (2) The Governor shall not hold any other office of profit.

      (3) The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

      (3A) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.

      (4) The emoluments and allowances of the Governor shall not be diminished during his term of office.

      159. Oath or affirmation by the Governor