Resuming discussion on the Provincial Constitution report today, the Constituent Assembly adopted with an amendment the re-drafted clause relating to the executive authority of provinces. The clause as amended prescribes that the Federal Government’s consent is necessary before it could make any agreements with neighbouring states to acquire extra-territorial jurisdiction over legislative, executive or judicial matters.

The redrafted clause submitted to the House today by Sir B.L. Mitter on behalf of the Experts Committee reads:

“It shall be competent for a province, with the previous sanction of the Federal Government, to undertake, by an agreement made in that behalf with any Indian State, any legislative, executive or judicial functions vested in that State, provided that the agreement relates to a subject included in the provincial or concurrent legislative lists. On such an agreement being concluded, the Province may subject to the terms thereof exercise the legislative, executive or judicial functions specified therein through the appropriate authorities of the province.

Mr G.N. Gupta moved an addition to this clause to remove what he called a lacuna and fill up the blanks in respect of the executive authority of each province. His amendment sought to add the following to the clause:

“Subject to the provisions of the constitution and of any special agreement referred to in clause eight, the executive authority of each Province shall extend to matters with respect to which the Provincial Legislature has power to make laws”.

Both Sir B.L. Mitter’s redrafted clause and Mr Gupta’s amendment were adopted by the House.

... contd.