(1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.

 

(2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.

 

(3) The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion.

Debate Summary

Article 146, Draft Constitution, 1948

(1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.

(2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.

 

Draft Article 146 (Article 166) was debated on 2nd June 1949. It laid out the rules regulating the conduct of business of a State Government.

 

A member proposed that clause (1) be amended so that the executive actions of the State Government would be expressed in the name of that Government. He argued that it was unusual and improper to attach so much importance to any individual especially in a democracy. The Chairman of the Drafting Committee responded that the language used in the current Draft Article was the 'logical consequence' of Draft Article 130 (Article 154) which stated that all executive power of a State vested in its Governor.

 

The amendment was rejected by the Assembly. Draft Article 146 was adopted on 2nd June 1949.