(1)Subject to the provisions of this Act, the executive authority of the ¹ [Federation]shall be exercised on behalf of His Majesty by the Governor-General eitherdirectly or through officers subordinate to him, but nothing in this sectionshall Prevent the ¹ [Federal] Legislature from conferring function,upon subordinate authorities, or be deemed to transfer to the Governor-Generalany functions conferred by any existing Indian law on any court, judge orofficer, or on any local or other authority.

(2)References in this Act to the functions of the Governor-General shall beconstrued as references to his powers and duties in the exercise of theexecutive authority of the Federation and to any other powers and dutiesconferred or imposed on him as Governor-General by or under this Act, ² [otherthan powers exercisable by him reason that they have been assigned to him by HisMajesty under Part I of this Act].

(3) The provisions of the Third Schedule tothis Act shall have effect with respect to the salary and allowances of theGovernor-General and, the provision to be made for enabling him to dischargeconveniently and with dignity the duties of his office.

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1.This wordwas substituted by the word 'Dominion', by the India (Provisional Constitution)Order, 1947.

2.These wordswere omitted by the India (Provisional Constitution) Order, 1947.

(1) Subject to the provisions of this Act,the executive authority of the ¹ [Federation]extends--

(a) to the matters with respect to which the ¹ [Federal] Legislature has power to make laws;

(b) to the raising in British India on behalf of His Majesty of naval, military and air forces and to the governance of His Majesty's forces borne on the Indian establishment;

(c) to the exercise of such rights, authority and jurisdiction as are exerciseable by His Majesty by treaty, grant, usage, sufferance, or otherwise in and in relation to the tribal areas:

Provided that--

(i) the said authority does not, save as expressly provided in this Act, extend in any Province to matters with respect to which the Provincial Legislature has power to make laws;

(ii) the said authority does not, save as expressly provided in this Act, extend in any ² [Federated] State save to matters with respect to which the ¹ [Federal] Legislature has power to make laws for that State, and the exercise thereof in each State shall be subject to such limitations, if any, as may be specified in the Instrument of Accession of the State;

(iii) the said authority does not extend to the enlistment orenrolment in any forces raised in India of any person unlesshe is either a subject of His Majesty or a native of Indiaor of territories adjacent to India; and

(iv) commissions in any such force shall be granted by His Majesty save in so far as he may be pleased to delegate that power by virtue of the provisions of Part I of this Act or otherwise.

(2) This executive authority of the Ruler of ³ [a Federated] State shall notwithstanding anything in this section, continue to be exercisable in that State with respect to matters with respect to which the ¹ [ Federal] Legislature has power to make lows for that State except in so far as the executive authority of the ¹ [Federation] becomes exercisable in the State to the exclusion of the executive authority of the Ruler by virtue of a ¹ [Federal] law.

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1. This word was substituted by the word 'Dominion', by the India (Provisional Constitution) Order, 1947.

2. This word was substituted by the word 'acceding', by the India (Provisional Constitution) Order, 1947.

3. These words were substituted by the words 'an Acceding', by the India (Provisional Constitution) Order, 1947.

(1)There shall be a council of ministers, not exceeding ten in number, to aid andadvise the Governor-General in the exercise of his functions, ¹ [exceptin so far as he is by or under this Act required to exercise his functions orany of them in his discretion:

Providedthat nothing in this sub-section shall be construed as preventing theGovernor-General from exercising his individual judgment in any case where by orunder this Act he is required so to do.

(2)The Governor-General in his direction may preside at meetings of the council ofministers.

(3)If any question arises whether any matter is or is not a matter as respectswhich the Governor-General is by or under this Act required to act in hisdiscretion or to exercise his individual judgment, the decision, of theGovernor-General in his discretion shall be final, and the validity of anythingdone by the Governor-General shall not be called in question on the ground thathe ought or ought not to have acted in his discretion, or ought or ought not tohave exercised his individual judgment].

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1.These words up to the end of the section were omitted, by theIndia (Provisional Constitution) Order, 1947.

(1) The Governor-General's ministers shall be chosen and summoned by him, shall be sworn as members of the council, and shall hold office during his pleasure.

(2) A minister who for any period of six consecutive months is not a member of ¹ [either Chamber of] the Federal Legislature shall at the expiration of that period cease to be a minister.

(3) The salaries of ministers shall be such as the Federal Legislature may from time to time by Act determine and, until the Federal Legislature so determine, shall be determined, by the Governor-General:

Provided that the salary of a minister shall not be varied during his term of office.

(4) The question whether any and, if so, what advice was tendered by ministers to the Governor-General shall not be inquired into in any Court.

² (5) The functions of the Governor-General, with respect to the choosing and summoning and the dismissal of ministers, and with respect to the determination of their salaries, shall be exercised by him in his discretion].

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1. These words were omitted by the India (Provisional Constitution) Order, 1947.

2. Sub-section (5) was omitted by the India (Provisional Constitution) Order, 1947.

¹ [11. Provisions as to Defence, Ecclesiastical Affairs, External Affairs and the Tribal Areas

(1) The functions of the Governor-General with respect to defence and ecclesiastical affairs and with respect to external affairs, except the relations between the Federation and any part of His Majesty's dominions, shall be exercised by him in his discretion, and his functions in or in relations to the tribal areas shall be similarly exercised,

(2) To assist him in the exercise of those functions the Governor-General may appoint counsellors, not exceeding three in number, whose salaries and conditions of service shall be such as may be prescribed by His Majesty in Council.

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1. Sections 11-15 were omitted by the India (Provisional Constitution) Order, 1947.

¹ (1) In the exercise of his functions the Governor-General shall have the following special responsibilities, that is to say,--

(a) the prevention of any grave menace to the peace or tranquility of India or any part thereof;

(b) the safeguarding of the financial stability and credit of the Federal Government;

(c) the safeguarding of the legitimate interests of minortities;

(d) the securing to, and to the dependants of, persons who are or have been members of the public services of any rights provided or preserved for them by or under this Act and the safeguarding of their legitimate interests;

(e) the securing in the sphere of executive action of the purposes which the provisions of Chapter III of Part V of this Act; are designed to secure in relation to legislation;

(f) the prevention of action which would subject goods of United Kingdom or Burmese origin imported into India to discriminatory or penal treatment;

(g) the protection of the rights of any Indian State and the rights and dignity of the Ruler thereof; and

(h) the securing that the due discharge of his functions with respect to matter with respect to which he is by or under this Act required to act in his discretion, or to. exercise his individual judgment, is not prejudiced or impeded by any course of action taken with respect to any other matter.

(2) If and in so far as any special responsibility of the Governor-General is involved, he shall in the exercise of his functions exercise his individual judgment as to the action to be taken.

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1. Sections 11-15 were omitted by the India (Provisional Constitution) Order, 1947.

¹ [13. Provisions as to Instrument of Instructions

(1) The Secretary of State shall by before Parliament the draft of any Instrument of Instructions (including any Instrument amending or revoking an Instrument previously issued) which it is proposed to recommend His Majesty to issue to the Governor-General, and no further proceedings shall be taken in relation thereto except in pursuance of an address presented to His Majesty; in both Houses of Parliament praying that the Instrument may be issued.

(2) The validity of anything done by the Governor-General shall not be called in question on the ground that it was done otherwise than in accordance with any Instrument of Instructions issued to him.

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1. Sections. 11-15 were omitted by the India (Provisional Constitution) Order, 1947.

(1) In so far as the Governor-General is by or under this Act required to act in his discretion or to exercise his individual judgment, he shall be under the general control of, and comply with such particular directions, if any, as may from time to time be given to him by, the Secretary of State, but the validity of anything done by the Governor-General shall not be called in question on the ground that it was done otherwise than in accordance with the provisions of this section.

(2) Before giving any directions under this section the Secretary of State shall satisfy himself that nothing in the directions requires the Governor-General to act in any manner inconsistent with any Instrument of Instructions issued to him by His Majesty.

¹ [15. Financial Adviser to Governor-General

(1) The Governor-General may appoint a person to be his financial adviser.

(2) It shall be the duty of the Governor-General's financial adviser to assist by his advice the Governor-General in the discharge of his special responsibility for safeguarding the financial stability and credit of the Federal Government, and also to give advice to the Federal Government upon any matter relating to finance with respect to which he may be consulted.

(3) The Governor-General's financial adviser shall hold office during the pleasure of the Governor-General, and the salary and allowances of the financial adviser and the numbers of his staff and their conditions of service shall be such as the Governor-General may determine.

(4) The powers of the Governor-General with respect to the appointment and dismissal of a financial adviser, and with respect to the determination of his salary and allowances and the numbers of his staff and their conditions of service, shall be exercised by him in his discretion:

Provided that, if the Governor-General has determined to appoint a financial adviser he shall, before making any appointment other than the first appointment, consult his ministers as to the person to be selected.

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1. Subsection. 11-15 were omitted by the India (Provisional Constitution) Order, 1947.

¹ [16. Advocate General for Federation

(1) The Governor-General shall appoint a person, being a person qualified to be appointed a judge of the Federal Court, to be Advocate-General for the [Federation].²

(2) It shall be the duty of the Advocate-General to give advice to the [Federal]² Government upon such legal matters, and to perform such other duties of a legal character, as may be referred to assigned to him by the Governor-General, and in the performance of his duties he shall have right of audience in all courts in British India and, in a case in which [federal]² interests are concerned, in all courts in any [Federated]³ State.

(3) The Advocate-General shall hold office during the pleasure of the Governor-General, and shall receive such remuneration as the Governor-General may determine.

(4) In exercising his powers with respect to the appointment and dismissal of the Advocate-General and with respect to the determination of his remuneration, the Governor-General shall exercise his individual judgment.

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1. Section 16 came into force on 1-4-1S37 under Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.

2. Substituted by the word 'Dominion', by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.

3. Substituted toy the word 'Acceding', by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.

(1) All executive action of the [Federal]¹ Government shall be expressed to be taken in the name of the Governor-General.

(2) Orders and other instruments made andexecuted in the name of the Governor-General shall be authenticated in suchmanner as may be specified in rules to be made by the Governor-General, and thevalidity of an order or instrument which is so authenticated shall not be calledin question on the ground that it is not an order or instrument made or executedby the Governor-General.

(3)The Governor-General shall make rules for the more convenient transaction of thebusiness of the [Federal]¹ Government, and for the allocation amongministers of the said business [in so far as it is not business with respect towhich the Governor-General is by or under this Act required to act in hisdiscretion].²

³ (4) The rules shall includeprovisions requiring ministers and secretaries to Government to transmit to theGovernor-General all such information with respect to the business of theFederal Government as may be specified in the rules, of as the Governor-Generalmay otherwise require to be so transmitted, and in particular requiring aminister to bring to the notice of the Governor-General and the appropriatesecretary to bring to the notice of the minister concerned and of theGovernor-General, any matter under consideration by him which involves, orappears to him likely to involve, any special responsibility of theGovernor-General.

³ (5)In the discharge of his functions under sub-sections (2), (3) and (4) of thissection the Governor-General shall act in his discretion after consultation withhis ministers.

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1.Substituted by the word 'Dominion', by Government of India (Commencement andTransitory Provisions) Order, 1936, paras. 3 and 11.

2.The words within brackets were omitted, by Government of India(Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.

3.Sub-secs. (4) and (5) were omitted, by Government of India (Commencementand Transitory Provisions) Order, 1936, paras. 3 and 11.