Page:The Constitution of India 1949 (Gazette Notification Version).djvu/71

 THE GAZETTE OE INDIA EXTRAORDINARY, NOV. 26, 1949 2417 THE CONSTITUTION OF INDIA 71 Part VI. — The States in Part A of the First Schedule. — Arts. 159-163.

preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of (name of the State)."

160. The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter.

161. The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.

162. Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws:

Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities thereof.

Council of Ministers

163. (1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.

(2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything

Discharge of the functions of the Governor in certain contingencies.

Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.

Extent of executive power of State.

Council of Ministers to aid and advise Governor.