5. (1) Until both the Houses of the National Assembly have been duly constituted and summoned under this Constitution, the Constituent Assembly shall itself exercise all the powers and discharge all the duties of both the Houses.
Explanation.-For the purposes of this sub-clause, the Constituent Assembly shall not include any member representing territories not included in Schedule I.
(2) Such person as the Constituent Assembly shall have elected in this behalf shall be the provisional President of the Federation until a President has been elected as provided in Part IV of this Constitution.
(3) Such persons as shall have been appointed in this behalf by the provisional President shall be the provisional Council of Ministers until Ministers are duly appointed as provided in Part IV of this Constitution.
[Note: It is essential that on the date of the commencement of this Constitution there should be a legislature and an executive ready to take over power. The most practicable course is that the Constituent Assembly should itself be the provisional legislature. The clause regarding the provisional executive is con¬ sequential. These provisions may however require modification after the passing of the new Dominion Act amending the Government of India Act, 1935.]