Chapter 1

LANDMARKS IN THE
CONSTITUTIONAL
DEVELOPMENT OF INDIA

T he Constitution of India, as opted

by the Constituent Assembly in
1949, was not something absolutely
a Council of four members who
exercised their authority jointly, (ii)
the governments of the Presidencies
new. It was, to a great extent, of Bombay and Madras were sub-
influenced by the Government of India ordinated to the government in
Act of 1935 that was passed by the Calcutta and (iii) it empowered the
British Parliament. In order to British Crown to establish a Supreme
understand and appreciate the Court in Bengal with jurisdiction over
Constitution, it is necessary to glance Bengal, Bihar and Orissa.
at the constitutional development The Act subjected the legislative
during the British rule in India. Some authority of the Governor-General and
of the landmarks in the constitutional Council to certain limitations: (i) the
development are given in the following rules and regulations made by them
passages. were not to be repugnant to the laws of
The foundation of British authority England, (ii) they required registration
in India was laid in down through the by the Supreme Court which was given
establishment of East India Company the power to veto them, (iii) there could
in England under a Charter of the be an appeal against them to the British
British Queen Elizabeth. Under the Government and (iv) the Governor-
Charter the Company was given an General and the Council were under
exclusive right of trading with India. In the duty to forward all such rules and
the beginning the Company was purely regulations to England and the King-
a trading organization, but later on due in-Council was competent to dis-
to political circumstances, it acquired approve them at any time within
territorial power. two years.
Regulating Act of 1773 The Charter Act of 1833
With the expansion of political power To make the legislative functions of the
of the Company, it was felt in England government distinct, the British
that the affairs of the Company needed Government enacted the Charter Act of
some regulation. As a result, the 1833. It made substantial changes in
Regulating Act of 1773 came into the constitutional set up of India. The
being. Some of the salient features of sole legislative power in India was
the Act were as follows – (i) it set up a vested in the Governor-General-in-
government in Calcutta Presidency Council. The Council was to consist of
consisting of a Governor- General and four members, of whom one was to be
 2
INDIAN CONSTITUTION AND ADMINISTRATION
a Law Member, who could attend the constitutional set-up. Some of the
Council meetings, as a matter of right, important changes were: (i) it abolished
only when it was to perform legislative the Board of Directors and the Board
functions. The Council’s functions of Control and vested their powers in
were, thus, divided into two categories. one of Her Majesty’s Secretary (a
When it performed executive functions, Minister in the British Cabinet), (ii) he
it consisted of the Governor-General was designated as the Secretary of State
and three members only. But, when it for India and was empowered to
performed legislative functions, it superintend, direct and control all the
consisted of the Governor-General governmental affairs in India, (iii) the
and the four members. In this way, the Secretary of State was to be assisted by
Act laid the foundation of the future a Council of India, (iv) the Governor-
Central Legislature, also called Imperial General and Governors of the
Legislative Council. Presidencies were to be appointed by
the Crown and the members of their
The Charter Act of 1853
Councils by the Secretary of State-in-
In order to strengthen the legislative Council, (v) Lieutenant Governors were
machinery the Charter Act of 1853 was to be appointed by the Governor -
enacted. The Act further extended the General, subject to the approval of Her
machinery of legislation. Under the new Majesty and appointments to the
Act, the Governor-General’s Council, covenanted civil service were to be made
when acting in its legislative capacity, through open competition with the
was enlarged by the addition of six new assistance of the Civil Service
members. Among these six members, Commission.
one was to be an official representative
from each of the four Provinces Indian Councils Act of 1861
viz., Madras, Bombay, Bengal and In 1861 the British Government
North Western Provinces, and the decided to expand the legislative
Chief Justice and a puisne judge of Councils. This was done through the
the Supreme Court. Besides, the Indian Councils Act of 1861. The main
Commander-in-Chief was also given an provisions of the Act were as follows –
extraordinary membership. Thus, the (i) the Governor-General’s Council was
strength of the Legislative Council expanded for legislative purposes by
became twelve. adding 6-12 new members, to be
nominated for two years, (ii) prior
The Act of 1858
sanction of the Governor-General was
The First War of Independence of 1857 essential for introducing some
brought the era of the East India measures, (iii) every Act passed by the
Company to an end. In 1858 the Legislature in India was subject to
British Crown took over the rights approval of Her Majesty acting through
of the Company’s Government in the Secretary of State-in-Council, (iv) the
India in its own hands. The Act Governor-General was authorised to
brought substantial changes in the exercise a veto and issue ordinances in
 3
LANDMARKS IN THE CONSTITUTIONAL DEVELOPMENT OF INDIA
an emergency and (v) the strength of Council. There were four categories
the Governor-General’s Council for of members i.e. ex-officio members,
executive purposes was raised to five nominated officials, nominated
by addition of one more member. non-officials and elected members.
Indian Councils Act of 1892 (c) It provided for non-official majority
in the Provincial Legislatures But
In 1892 another Act was passed to
further expand and strengthen the then, the combined strength of
legislative councils. The main features official and nominated non-official
of the Act were as follows – (i) the members out-numbered the
strength of the central and provincial elected members.
legislative councils was expanded (d) The Act enlarged the functions of
by adding 8–20 new members, (ii) two- the Legislative Councils. This Act
fifth of these new additional members (i) empowered the members to
were to be non-officials, (iii) the discuss the budget and move
Governor -General-in-Council was resolutions before it was finally
authorized to make rules subject to the approved, (ii) they were allowed to
sanction of the Secretary of State-in- ask supple-mentary questions, to
Council, for discussion of annual move resolutions on matters
financial statements and for asking relating to loans to local bodies,
questions. additional grants and new taxes
Indian Councils Act of 1909 and (iii) it also extended to the
members the right to discuss
During the beginning of the twentieth
matters of public interest, adopt
century, the British Government was
resolutions or demand a division on
confronted with three types of
them, but the resolutions adopted
pressures. While on the one hand the
moderates were appealing for more by the House were not binding on
reforms and the extremists were the government.
agitating for getting Swarajya, the (e) One of the most important and
revolutionaries, on the other hand, were unfortunate feature of this Act was
resorting to terrorist activities to achieve the introduction of separate and
their goal, i.e. end of the alien rule. In discriminatory electorate. The
order to mollify the discontent, to some electorate for returning the re-
extent, the government enacted the presentatives to the councils was
Indian Councils Act of 1909. divided on the basis of class,
The salient features of the Act were as community and interests. For the
follows – provincial councils the electorate
(a) The Act provided for the expansion provided for three categories, viz.,
of the Legislative Councils at both general, special and class (such as
the levels, Central as well as land owners and chambers of
Provincial. commerce). For the Central Council
(b) It maintained the majority of official one more category viz. Muslim was
members in the Central Legislative added to it.
 4
INDIAN CONSTITUTION AND ADMINISTRATION
The qualification of the electorate the ministers responsible to the
based on income, property and legislature while in the reserved
education differed from community to subjects the Governors were to be
community and region to region. advised by the councillors who were not
The Government of India Act accountable to the legislature. Thus, in
of 1919 the provinces a new form of government,
dyarchy, was introduced. Dyarchy
During the First World War, Gandhiji means dual set of governments, e.g.
had requested the nation to help the
accountable and non-accountable.
allies in their war efforts because they
(c) Categories of Members: The Act
were fighting for the cause of
provided for three categories of
democracy. After the war was over, the
members: elected, nominated officials
people were feeling that they would also
get democratic reforms. The Govern- and nominated non-officials. The first
ment of India Act of 1919 was enacted category had about 70% members, the
to satisfy the people of India to some second had about 10% and the third
extent. category had about 20%. There was
majority of elected members.
The salient features of the Act
(d) The constituencies and fran-
were as follows : (a) Preamble: The
Act provided for a Preamble that laid chise: The Act provided for restricted
down the basic principles and policies franchise and communal electorate.
upon which it was based. According to The voting qualification varied from
it the policy of the British Parliament province to province and within the
was – (i) to provide for the increasing same province it differed from rural to
association of Indians in every branch urban areas. The constituencies were
of Indian administration, (ii) to develop divided into two categories: general and
self governing institutions with a view special. The general constituencies were
to the progressive realisation of demarcated to return Hindus, Muslims,
responsible government in British India Christians, Anglo-Indians, Sikhs etc.
as an integral part of the empire; (iii) Special constituencies were devised to
the time and manner of gradual give representation to land holders,
advance towards this goal was to be universities, chambers of commerce etc.
decided by the British Parliament (e) Strength of Central Legislature:
and (iv) accordingly, the Preamble The Act introduced bicameral
suggested for a decentralised unitary legislature at the centre comprising the
form of government.
Council of States and the Central
(b) Distribution of Functions: The Act
divided the functions of government in Legislative Assembly. The former had
two categories: central and provincial. 60 members, of whom 33 were to be
The provincial subjects were further elected and 27 to be nominated. The
subdivided into transferred and latter consisted of 145 members, of
reserved. In the transferred subjects whom 104 were to be elected and 41 to
the Governors were to be assisted by be nominated,
 5
LANDMARKS IN THE CONSTITUTIONAL DEVELOPMENT OF INDIA
(f) Powers of Central Legislature: empowered to return any bill to the
The central legislature was empowered house for reconsideration or reserve it
to consider, pass or reject legislation on for the consideration of the Governor-
any of the subjects enumerated in the General who in his turn could reserve
Central list. But, the Governor-General it for the opinion of the Crown. The
had the last word on any Bill passed Governor could also veto any bill passed
by the Legislature. He possessed the by the Legislative Council. If the
power to prevent the consideration of a Council refused to introduce or failed
Bill or any of its part, on the plea that it to pass a bill relating to a reserved
was injurious to the peace and subject, the Governor by his power of
tranquillity of the country. He could certification could pass it on the plea
disallow a question in the legislature. that it was essential for the discharge
He had the power to withhold his assent of his responsibility.
to any Bill passed by the legislature The Act gave the legislative councils
without which it could not become an some measure of control over the
Act. He also had the power to disallow finance of the province but its financial
an adjournment motion or debate on powers were very much narrowed and
any matter. He could enact a law, which circumscribed by the special powers of
he considered essential for the safety the Governor. The budget was divided
and tranquillity of the empire even if the into two parts. There were about 70%
legislature had refused to pass it. non-votable items on which only
The financial powers of the central discussion could take place in the
legislature were also very much limited. house. The remaining 30% of the
The budget was to be divided into two budget included such demands for
categories, votable and non-votable. wants as could be reduced or rejected
The votable items covered only one- by the house, but the Governor
third of the total expenditure. Even in retained the power to restore such
this sphere the Governor-General was demands by certifying that it was
empowered to restore any grant refused essential for the discharge of his
or reduced by the legislature, if in his responsibilities. In case of emergency
opinion the demand was essential for the Governor had the power to sanction
the discharge of his responsibilities. any expenditure on any item.
(g) Powers of Provincial Legislatures: (h) The Executive Council: It was
The strength of provincial legislatures responsible to the Secretary of State and
differed from province to province. The not to the central legislature. The
provincial legislative councils were maximum limit imposed on the
empowered to legislate on provincial membership of the Governor-General’s
subjects. However, the Act armed the Executive Council was removed. Of the
Governor with the extensive powers of six members of the Governor-General’s
legislation. He could stop at any stage Executive Council, other than the
the consideration of a bill on the Commander -in-Chief, three were
ground that it was injurious to safety required to be Indians. A pleader of the
and peace of the province. He was Indian High Court was also made
 6
INDIAN CONSTITUTION AND ADMINISTRATION
eligible for appointment as the Law jurisdiction of the federal legislature
member. did not extend to all the subjects
(i) Secretary of State for India: The mentioned in the federal list in the
control of the Secretary of State for native states. According to the Act,
India over the central and provincial the ruler of every state was required
administration was reduced. to sign an Instrument of Accession
mentioning therein the extent to
The Government of India Act
which it consented to surrender its
of 1935 authority to the federal government.
The three Round Table Conferences (d) The Act also provided that such a
convened in London during 1930-32 federation could come into
had made a number of reco- existence only if as many princely
mmendations regarding constitutional states (which were given the option
reforms in India. The Government of to join or not to join the federation)
India Act, 1935 was the result of these would accept to join it as were
recommendations. Main features of the entitled to one-half of the states’
Act were as follows: seats in the upper house of the
(a) It was a comprehensive and federal legislature and having one-
detailed document. It consisted of half of the total states’ population.
321 Sections and 10 Schedules. It (e) The proposed federal polity was to
described, in detail, not only the have a bicameral legislature at the
machinery of the centre but also of centre. The upper house was to be
the units. called the Council of States. It was
(b) It, for the first time, introduced a to consist of 260 members, of whom
federal form of polity in India. The 156 were to represent the provinces
units of federation fall into two and 104 the native states. Out of
categories: the (British) Indian these 156 representatives of the
provinces and the princely states provinces 150 were to be elected on
(also known as native states). communal lines. While the seats
(c ) The Act divided the functions of the fixed for Hindus, Muslims and
government in three categories. The Sikhs were to be filled by direct
federal list contained 59 subjects, elections, the seats reserved
the provincial list had 54 subjects, for Europeans, Anglo-Indian
while the concurrent list comprised Community and Indian Christians
of 36 subjects. While the federal and were to be filled by an indirect
provincial governments had method through an electoral college
exclusive jurisdiction on the consisting of the members of their
subjects in the federal and community in the provincial
provincial lists respectively, both the legislatures. The remaining six
federal and the provincial govern- members were to be nominated by
ments could legislate on the the Gover nor -General. It is
subjects in the concurrent list. It is interesting to note that the number
interesting to note that the of seats allotted to a state depended
 7
LANDMARKS IN THE CONSTITUTIONAL DEVELOPMENT OF INDIA
not on the strength of its population Governor- General had the authority to
but on the relative rank and approve or disapprove any Bill passed
importance of that state. The by the federal legislature. Though both
Council of States was to be a the houses exercised some control over
permanent house. One-third of its the executive, by putting questions and
members were to retire every third passing adjournment motions and
year. other resolutions, the Assembly alone
The lower house was to be called the could pass a vote of no confidence
Federal Assembly. It was to consist of against the ministers.
375 members, out of which 250 were Both the houses possessed almost
to represent the provinces and 125 to equal financial powers excepting that
represent the princely states. While the the Money Bill could be introduced only
representatives of the princely states in the Assembly. But, the Act granted
were to be nominated by their rulers, only limited financial powers to the
those representing the provinces were federal legislature. The Act divided the
to be elected indirectly by the provincial budget into two parts. The first part
legislative councils on communal lines. covered 80% of the expenditure that
It is interesting to note that the seats was beyond the control of the federal
allotted to the princely states were legislature. The remaining 20%
disproportionate to their population. required the sanction of the legislature,
Similarly, the seats allotted to the but, the Gover nor -General was
various communities in the provinces empowered to restore the reductions or
were also disproportionate to their sanction any amount rejected by the
population. The term of the Assembly legislature.
was five years but it could be dissolved (g) The Act introduced dyarchy at the
earlier also. federal level. The federal subjects
(f) The federal legislature could make were divided into two categories: the
laws on all the subjects included in reserved and the transferred.
the federal and the concurrent list. The reserved subjects included
It was also empowered to legislate Defence; External Affairs;
on provincial list in an emergency Ecclesiastical Affairs and Tribal
or when two or more provinces Areas. In these matters the
requested it to do so. However, its Governor General possessed
authority over princely states discretionary powers i.e., he acted
extended to those subjects only on the advice of the councillors to
which were mentioned in their be appointed by him. He was not
Instrument of Accession. even required to consult the council
No Bill could become an Act unless of ministers in these matters.
both the houses passed it and also Subjects not included in the above
approved by the Governor-General. In list comprised the transferred
case of differences between the two subjects. These subjects were
houses, provision for a joint session of under the charge of ministers
both the houses was made. The responsible to the federal
 8
INDIAN CONSTITUTION AND ADMINISTRATION
legislature. But, there were certain authority and make the provincial
matters wherein the Governor - autonomy a mockery.
General possessed the powers (j) The Act provided for bicameral
relating to individual judgement. legislatures in six provinces and
These were the powers wherein the unicameral in five provinces. The
Governor-General was required to lower house was to be called
consult the council of ministers but Legislative Assembly and the upper
was not bound by their advice. house, Legislative Council. The
(h) The Act also provided for a Federal strength of the upper and lower
Court that was to consist of a Chief houses varied from province to
Justice and not more than six other province.
judges. They were to be appointed While the Act completely abolished
by His Majesty and retired at the age the categories of the nominated
of 65. They could be removed members from Assemblies, it
earlier also on charges of continued to have a few nominated
misbehaviour or infirmity of mind members in the Councils.
or body by King of England on the The Act suggested direct elections for
recommendation of the Judicial both the houses. The basis of the
Committee of the Privy Council. allotment of the seats to various
The Court had Original, Appellate communities was on the notorious
and Advisory jurisdictions. It was also communal award, given by Ramsay
a Court of Record. But, the Court was Macdonald, as amended by Poona Pact.
not the highest Court of Appeal. Appeal The basic principle of the scheme was
could be filed against its judgments to that the seats reserved for a community
the Privy Council of England. were to be contested only by persons
(i) The Act did away with the dyarchy belonging to that community and they
introduced by the Government of were to be elected by members of that
India Act, 1919 and introduced community alone.
provincial autonomy in the (k) The provincial legislatures were
provinces. Accordingly, the empowered to legislate not only on
Governors were required ordinarily the subjects included in the
to act on the advice of council of provincial list but also on those
ministers responsible to the included in the concurrent list. But
provincial legislature excepting a provincial law on a concurrent
when they exercised their subject held good in so far as it did
discretionary powers or powers of not go against a federal law on the
individual judgment. subject. In case of a conflict, the
It is interesting to note that the Act federal law was to prevail.
did not enumerate the discretionary There were certain limitations on the
powers of the Governor. The Governor, legislative powers of the provincial
at his discretion, decided as to what legislatures. In some cases prior
were his discretionary powers. Thus, permission of the Governor-General
the Governor could misuse his was needed before a Bill could be
 9
LANDMARKS IN THE CONSTITUTIONAL DEVELOPMENT OF INDIA
introduced in a legislature. Bills relating report, the British Government sent a
to an Act of the British Parliament or committee of three members of the
that of the Gover nor -General or British Cabinet that was authorized to
Governor or affecting the discretionary evolve a formula acceptable to the
powers of the Governor fall in this prominent political parties of India.
category. The Cabinet Committee, accordingly,
Both the houses could exercise some met different leaders of different political
control over the executive of the parties and then offered its re-
province by putting questions, commendations in two instalments. On
supplementary questions or moving May 16, 1946 it announced its
adjournment motions etc. The control proposals for a long-term settlement
of the Assembly, however, was and on June 16, 1946 it outlined a
substantial in the sense that it could procedure for the formation of Interim
pass a vote of censure against the Government.
council of ministers. Proposals for long-term: The main
The legislatures also enjoyed some provisions of the long-term proposals
limited financial powers. The budget of were as follows:
the province was divided into votable (a) There should be a Union of India
and non-votable categories. Votable comprising provinces and the
items constituted 30% of the princely states.
expenditure while non-votable items (b) The Union should have jurisdiction
comprised 70% of the budget. Even in on Foreign Affairs, Defence and
the votable category, the Governor Communication and should have
could restore any reduction or cut necessary powers to raise finances.
passed by the legislature if he (c) The Union should have an executive
considered it necessary for efficient and a legislature consisting of
administration of the province, Representatives of both the provin-
(1) Besides the above, the Act also ces and princely states.
provided for the abolition of India (d) Any question relating to a major
Council, separation of Burma from communal issue in the legislature
India, creation of Federal Railway, should be decided by a majority of
appointments of an Advocate General members present and voting
and a Financial Adviser. belonging to that community as
well as a majority of all the
Cabinet Mission Plan members of the legislature present
After the War (i.e. Second World War) and voting.
was over, elections were held in (e) Provinces should be free to form
England. Labour Party came to power. groups and each group could
It was sympathetic towards the cause determine the provincial subjects to
of India. The British Government sent be taken in common.
a Parliamentary delegation to India to (f) The Constitution of the Union and
get first hand information about the of the groups should contain a
political situation in India. After its provision whereby any province
 10
INDIAN CONSTITUTION AND ADMINISTRATION
could, by a majority vote of the Wester n Muslim majority
Legislative Assembly call for a regions viz., Punjab, North-
reconsideration of the terms of the Western Frontier Province,
Constitution after an initial period Sindh and British Baluchistan.
of ten years and at ten yearly (iii) Territories claimed for Pakistan
intervals thereafter. and representing the North-
Proposals for Constitution making Eastern Muslim majority
machinery: The main provisions of the regions viz., Bengal and Assam.
proposals for Constitution making (c) Each group was to settle the
machinery were as follows: constitution of the provinces
(a) A constituent Assembly should included in it and also whether any
be constituted consisting 389 constitution for the group as a
members, 296 representing the whole to be set up and, if so, the
provinces and 93 the princely extent of its powers.
states. Each province was to be (d) After the group constitutions were
allotted a number of seats settled, the groups were to
proportional to its population. The assemble together to settle the
total number of seats allotted to a Union Constitution.
province was to be divided among (e) After the first general election under
the main communities (General, the new constitution, it was to be
Muslims and Sikhs) in proportion open to any province to come out
to their population and were to be of any group, in which it was
elected by members of the same placed, by a resolution of its
community in the Legislative legislature.
Assembly. The number of seats British Indian Treaty: A treaty will
allotted to each princely state was be negotiated between the Constituent
also to be fixed on the basis of Assembly and the United Kingdom to
provide for certain matters arising out
population but the mode of
of the transfer of power. It was, however,
choosing their representatives was
hoped that India would decide
to be settled in consultation with a
to remain a member of the Common-
Negotiating Committee. wealth. But at the same time, she was
(b) The members of the Constituent given the right to go out of Common-
Assembly, so constituted, would be wealth, if so desired.
divided into the following three Recommendation for Short-Term
groups: Plan: The Plan envisaged immediate
(i) Provinces not claimed for and setting up of an Interim Government
representing Hindu majority in order to carry on administration
regions viz., Madras, Bombay, while the constitution making was in
the United Provinces, Bihar and progress. The interim government was
Orissa. to have 14 members: 6 Congressmen,
(ii) Territories claimed for Pakistan 5 Leaguers, 1 Indian Christian, 1 Sikh
and representing the North- and 1 Parsee.
 11
LANDMARKS IN THE CONSTITUTIONAL DEVELOPMENT OF INDIA
In the Interim Government all the League members boycotted it. This
portfolios were to be held by Indians made the British Government’s task of
and the British Government was to give transferring power to Indian hands
full co-operation in the accomplish- difficult. Though it declared June 1948
ment of the tasks that confronted the to be the deadline for the transfer of
Interim Government power, it was felt that it would not be
Evaluation of the Plans: All the appropriate for it to transfer power to
major political parties accepted the an Assembly that was not fully
Plan, with all its drawbacks; and representative. In order to workout a
elections were held for a Constituent formula, acceptable to all sections of
Assembly. But differences arose people, for resolving this problem the
between the Congress and the League British Government appointed
regarding the interpretation of the Plan. Mountbatten as the Governor-General
Though the Plan ruled out Pakistan in of India, who reached India on March
name, it definitely conceded in 24, 1947. While on the one hand
substance. This caused trouble and on Mountbatten was negotiating with the
July 10, 1946 the League withdrew its leaders of different parties for evolving
acceptance. a formula, a strong agitation was
Interim Government and Direct started for the partition of Bengal and
Action: On August 14, 1946 an Interim Punjab in the wake of communal riots
Government was formed under the and violence at a vast scale. This gave
leadership of Jawahar Lal Nehru. The an opportunity to Mountbatten to
Muslim League did not join it. The announce his plan for solving the
League declared August 16, 1946 as problem.
‘Direct Action Day. On that day a It declared that partition of India was
systematic killing and looting of the the only possible solution of the Indian
Hindus began which lasted for four problem. The three disputed Provinces
days. About three thousand people viz., Assam, Bengal and Punjab would
were killed and thousands worth of also be partitioned. A referendum
property destroyed. While the carnage would be held in the North-Western
continued in Calcutta, Noakhali, Bihar Frontier Province to decide whether
and other places, attempts were that Province would like to join
continued to bring the League in the Pakistan or India. A referendum would
Interim Government. As a result, be held in the Syllhat division of Assam
League joined the Interim Government also to determine whether it would like
on October 13, 1946. This Government to remain part of Assam or join East
remained in office till the partition of Bengal that would be a part of
India in August 1947. Pakistan.
The Plan indicated a willingness of the
Mountbatten Plan British Government to transfer power
As per Cabinet Mission Plan, the before June 1948. As the Plan was
Constituent Assembly was at work accepted by all the major parities of India,
framing the Constitution, but the a Bill was introduced in the Parliament
 12
INDIAN CONSTITUTION AND ADMINISTRATION
viz., Indian Independence Bill, 1947 constitution for their respective
which was passed by it and it became countries without any limitation
the Indian Independence Act, 1947. whatsoever. They were also free to
withdraw from the British
Indian Independence Act of 1947
Commonwealth.
The main Provisions of the Act are as (h) For the time being, till the new
follows: constitutions were framed, each of
(a) The Act provided for the creation of the Dominions and all the provinces
two independent Dominions, viz., were to be governed in accordance
India and Pakistan. with the Government of India Act,
(b) It provided for the partition 1935 with such modifications,
of Punjab and Bengal and omissions or additions as may be
separate boundary commissions done by the Governor-General-in-
to demarcate the boundaries Council.
between them. (i) In each of the Dominions, the
(c) Besides West Punjab and East- powers of the legislature of the
Bengal, Pakistan was to comprise
Dominion would be exercisable in
territories of Sindh, North Western
the first instance by the Constituent
Frontier Province, Syllhat division of
Assembly of that Dominion.
Assam, Bhawalpur, Khairpur,
(j) The British Government would no
Baluchistan and eight other
longer possess any control over the
relatively minor princely states in
Dominions, provinces or any part
Baluchistan.
thereof after Independence.
(d) The paramount authority of British
(k) The Governor -Generals would
Crown over the princely states was
to lapse, and they were free to join become the constitutional heads,
the Dominion of India or Pakistan empowered to give assent to any
or remain independent. Bill on behalf of the Crown.
(e) The British Government was not to (l) The Governor-General was invested
exercise any authority in future with adequate powers until March,
over the tribal areas and any treaty 1948, to issue orders for the effective
or agreement in force, at the time of implementations of the provisions
passing of the Act, between British of the Indian Independence Act,
Government and any tribal 1947 and the division of assets
authority was also to lapse. between the two Dominions and to
(f) Both the Dominions of India and make suitable changes in the
Pakistan were to have Governor- Government of India Act, 1935 to
Generals appointed by the British remove any difficulty that might
King. The Act also provided for one arise in the transitional period.
common Governor-General if both (m) Those persons who had been
the Dominions so agreed. appointed by the Secretary of State
(g) The Constituent Assemblies of both or Secretary of State-in-Council to
the Dominions were free to frame the a civil service under the Crown in
 13
LANDMARKS IN THE CONSTITUTIONAL DEVELOPMENT OF INDIA
India before 15 th August 1947, leave, remuneration, pension,
would continue in that service after disciplinary matters and tenure of
independence and enjoy the same office which had been enjoyed by
privileges and rights in respect of them before Independence.

Exercises

1. What are the salient features of the Indian Councils Act of 1909?
2. Describe the salient features of the Government of India Act of 1919.
3. Explain the meaning of Dyarchy. When was it introduced first in India?
4. What are the main features of the Government of India Act of 1935?
5. Enumerate the main provisions of the Indian Independence Act of 1947.
6. Write short notes on the following:
(a) Cabinet Mission Plan
(b) Mountbatten Plan