Jogesh Chandra Chaudhuri Law College

Students’ Union
30, Prince Anwar Shah Road, Kolkata, 70003
Email: jcclcsu.kolkata@gmail.com Phone: 9831948661 / 9831464712

• By the Students • Of the Students • For the Students

4th semester political science iv notes

INITIATED BY
ALMINHAZ KARIM
(COVID 19 CONVENOR)

ARRANGED BY

ABHRAJIT ROY CHOWDHURY ANKAN DAS

CO CONVENOR CO CONVENOR
E – ACADEMICS COMMITTEE E – ACADEMICS COMMITTEE

DISTRIBUTED BY
CLASS REPRESENTATIVES CLASS REPRESENTATIVES
SECTION A SECTION B
SOUMYA MUKHERJEE SAYANTAN KAR
SOUHARDYA BISWAS ANUVA PODDER
SK. MD. WASIM AKRAM
BARSHA DUTTA
TAIFUR KHAN HENGA

PUBLISHED BY
ARKA KUMAR NAG NEIL BASU
CHAIR PERSON GENERAL SECRETARY

Celebrating 50 Years of Excellence

#JCCLCSU 2020 # COVID-19 COMMITTEE

#JCCLCTMCPUNIT 2020 #STUDENTS’ WELFARE, RELATION & AID FUND SECRETARIAT
#LEGAL AID & AWARNESS SECRETARIAT
#ACADEMIC AFFAIRS SECRETARIAT
 POLITICAL SCIENCE IV

BEGINNING OF REPRESENTATIVE INSTITUTIONS

Q. Why did the British Parliament introduce Government of India Act, 1858 ? What were the effects
of the Act of 1858 ?

The Government of India Act, 1858

• The Dawn of a new era in the constitutional development of India began with the transfer of
power from English East India Company to the British Crown. The Government of India Act 1858
introduced many constitutional changes of far reaching consequences and became an important
landmark in the constitutional history of India.

• There was a lot of agitation in England against the rule of British East India Company. It was
pointed out that a trading company whose main objective was profit making could not be trusted
with whole of administration of a subcontinent like India. The Revolt Of 1857 and its suppression,
gave a severe jolt to the British administration in India and compelled it to reorganize its structure.

• This act is coterminous with Queen Victoria’s declaration, 1858

• The British prime Minister, Palmerstone had introduced a Bill in 1858 in the parliament for the
transfer of Government of India from British East India Company to The crown. He referred to the
grave defects in the existing system of Government of India. While Introducing the bill lord
Palmerstone in his speech said that the principle of their political system was that all
administrative functions were to be accompanied by ministerial responsibility and were
responsible to the Parliament, to public opinion, to crown, but in case of India, the chief functions
in the government of India were committed by a body not responsible not responsible to the
Parliament, not appointed by the Crown, but elected by the persons who had no more
connections with India. However, before this bill was to be passed, Palmerstone was forced to
resign on another issue.

• Later Lord Stanley introduced the bill which was originally drafted by Lord Palmerstone and titled
as “An Act for the Better Government of India” and it was passed on August 2, 1858. This act
provided that India was to be governed directly and in the name of the crown.

Main Provisions of the Act

1. Transferred powers from the East India Company to the Crown. The Company’s territories in India
were to be vested in the Queen. India was to be governed in the Queen’s name.

2. The board of control and court of Directors of the company were abolished and all the powers
possessed by them were given to the Secretary of State for India and its Indian council. The
Secretary of State was given the power to superintend control and direct the affairs of the
Government of India.

Page 2 of 60

Compiled by Rahul Kumar Singh

 3. A member of British Parliament was made secretary of state of India to exercise powers on behalf
of the Crown and was responsible to the British Parliament. Secretary of State was required to
present every year in the British Parliament a report on the model and material progress of India.
Rules and regulation made in India by the Secretary of State were to be placed before the house
of commons.

4. The Indian Council was constituted of 15 members. It was constituted to assist the Secretary of
State for India. The Council became an advisory body on Indian affairs. For all the communications
between England and India. The Secretary of State became the real Channel.

5. The Secretary of State for Indian was to preside over the meetings of Indian Council. The Council
was to meet twice a week. The members of the Indian Council would be divided into various
committees for the purpose of administrative convenience. The Indian Council was a body of
permanent civil servants who had expert knowledge about the affairs of India.

6. The Secretary of State for India was empowered to send and receive secret messages and
dispatches from Governor General without consulting or communicating the Indian Council. He
was also authorised the constitute the Special Committee of his council.

7. All the property of the East India Company was transferred to the Crown. The Crown also assumed
the responsibilities of the Company as they related to treaties, contracts, and so forth

8. The Crown was empowered to appoint a Governor-General and the Governors of the
Presidencies.

9. Provision for the creation of an Indian Civil Service under the control of the Secretary of State.

10. The Governor General for India was provided with an Executive Council, whose decision he was
empowered to override.

• The Act ushered in a new period of Indian history, bringing about the end of Company rule in India.
The era of the new British Raj would last until Partition of India in August 1947, at which time all
of the territory of the Raj was granted dominion status within the Dominion of Pakistan and the
Union of India.

Q. What were the main provisions of the Indian Council Act, 1861? How far was it successful to
achieve its objectives?

The Indian Councils Act 1861 was passed by British Parliament on 1st August 1861 to make substantial
changes in the composition of the Governor General’s council for executive & legislative purposes. The
most significant feature of this Act was the association of Indians with the legislation work.

Reasons for Enactment of Indian Councils Act: The Government of India Act 1858 had introduced
significant changes in the manner in which India was governed from England, however, it did not alter in

Page 3 of 60

Compiled by Rahul Kumar Singh

any substantial way the system of government that prevailed in India. Further, in the aftermath of the
Mutiny of 1857, there was a general perception in England that it would be very difficult to secure the
government in India without the cooperation of Indians in administration. These were the main reasons
behind enacting some legislation which could overhaul the system of administration in India. Some
other reasons were as follows:

Centralized law making was defective: The Charter act of 1833 had centralized the legislative procedures
and deprived the governments of Madras and Bombay of their power of legislation. The idea behind
centralizing the law making was secure uniformity of laws in the whole territory of East India Company
but this system proved to be defective. It had only one representative each of the four provinces and it
failed to make laws suiting to local conditions. Thus, there was need to allow the provinces to make laws
for themselves.

Governor General in Council was overburdened The Governor General in Council was failing in its
legislative functions and was not able to work satisfactorily die to cumbersome procedures leading to
delay in enactments.

Absence of representation: It also had no representation of the people in it. There was a growing
demand that some representative element should be introduced in legislative council.

Key Provisions
Expansion of executive council of Governor General / Viceroy: The executive council of Governor
General was added a fifth finance member. For legislative purpose, a provision was made for an addition
of 6 to 12 members to the central executive. At least half of the additional members were to be
nonofficial. These members were nominated by the Viceroy for the period of two years.

The Governor General / Viceroy had been given some more powers such as:

• He was authorized to nominate a president to preside over the meetings of the Executive council
in his absence.

• He had the power of making rules and regulations for the conduct of business of executive council.

• He could create new provinces for legislative purposes and to appoint Lieutenant Governors for
them. He was also empowered to alter, modify or adjust the limits of the provinces.

• He could promulgate ordinances, without the concurrence of the legislative council, during and
emergency.

• Though the central council was empowered to legislate on all subjects concerning all persons and
courts in British India but every bill passed required the assent of viceroy.

• He could withhold his assent or exercise his veto power if he felt that the bill affected the safety,
peace and interest of British India.

• He had to communicate all laws to secretary of state for India who could disallow them with the
assent of the crown.

Page 4 of 60

Compiled by Rahul Kumar Singh

Introduction of Portfolio System: The Act empowered the Governor-General to delegate special task to
individual members of the Executive council and hence all members have their own portfolio and death
with their own initiative with all but the most important matters. This was the first beginning of
Portfolio system in India.

Process of Decentralization: The Governments of Bombay and Madras were given the power of
nominating Advocate-General and not less than 4 and not more than 8 additional members of the
Executive council for purpose of legislation. These additional members were to hold office for two years.
The consent of the Governor and the Governor-General was made necessary for all legislation passed or
amended by the Governments of Madras and Bombay. Further, the act provided for the establishment
of new legislative councils for Bengal, North-Western Frontier Province and Punjab, which were
established in 1862, 1866, and 1897 respectively.

No distinction between Central and Provincial subjects: No distinction was made between the central
and provincial subject. But measures concerning public debt, finances, currency, post-office, telegraph,
religion, patents and copyrights were to be ordinarily considered by the Central Government.

Critical Examination of the Indian Councils Act 1861/ How far was it successful
The Act of 1861 was important in the constitutional history because it enabled the Governor-General to
associate the people of the land with work of legislation. And by vesting legislative powers in the
Governments of Bombay and Madras which ultimately culminated in grant of almost complete internal
autonomy to the provinces in the 1937. It helped the Governor General to associate non official Indians
for purposes of legislature. The Central and Provincial Council fulfilled the threefold purpose of publicity,
discussion and information. The people got an opportunity to put forward their grievances and the
government got an opportunity to defend its policy.

However, it is to be noted that the non-official members of the committee were to be nominated by the
Viceroy and not elected by the people. These non-official members were either princes or their dewans
or big zamindars or retired officials and not the natural leaders of the people who could really reflect
and mirror their views and aspirations. The non-officials members did not show much interests in the
meetings of the council as a matter of fact they showed utmost reluctance to come and utmost hurry to
leave from such meetings and thus the legislative councils were merely talk shops with no power to
criticize the administration or ask for some information. Their scope was fixed in legislation purpose
alone; they had no right to move some kind of vote of no confidence. Further, there was no statutory /
specific provision for the nomination of Indians.

The Act of 1961 was considered to be a retrograde measure. The right of asking questions and the right
to deliberate on matters of policy was given to it. Legislative councils were like committees for making
law. The executive government by means of these committees obtained advice and assertion in their
legislators. The council could not deliberate about any subject, they could not enquire into grievances
called for information or examine the conduct of the executive. This Act could have made real progress
towards giving representative government to the country like India. Though different changes were
introduced in this Act, it was not enough to satisfy the Indian People.

According to Principal G N Singh The Indian Councils Act 1861 is important in the constitutional history
of India for primarily two reasons.

Page 5 of 60

Compiled by Rahul Kumar Singh

Firstly, it enabled the Governor General to associate with the people of the land. With the work of
legislation.

Secondly, by vesting legislative powers to the governments of Bombay and Madras and by making
provisions for the institution of similar legislative councils in other provinces, it laid the foundation of
the policy of legislative devolution which resulted in the grant of almost complete internal autocracy to
the provinces in 1937.

Professor Coupland said that since most of the non-official members thus chosen were Indians the Act of
1861 may be said to have introduced the representative principle into the Indian Constitution. The non-
officials members like Princes, Dewans, Zamindars or retired officials at least got the opportunity to
attend the meeting in connection of the legislative work. They could express and place their views in the
government.

At least it can be said that the whole effect of the Councils Act was to direct the Political development of
India towards the goal of democratic government by a representative legislators.

GROWTH OF REPRESENTATIVE INSTITUTIONS & LEGISLATURES IN

INDIA
Q. State the Provisions of the Indian Councils Act, 1892. How far it satisfied the national demand of
Constitutional Reforms?

The Indian Council’s Act, 1892

• The Indian Councils Act 1892 was an Act of the Parliament of the United Kingdom that authorized
an increase in the size of the various legislative councils in British India. Indian Councils Act 1892
was the beginning of the parliamentary System in India.

Page 6 of 60

Compiled by Rahul Kumar Singh

• Before this act was passed, the Indian National Congress had adopted some resolutions in its
sessions in 1885 and 1889 and put its demand. One of the demand was: Reforms of the legislative
council and adoption of the principle of election in place of nomination. This demand reflected the
dissatisfaction of the Indian National Congress over the existing system of governance. The Indian
leaders wanted admission of a considerable number of the elected members. They also wanted
the creation of similar councils of North western Province and Oudh and also for Punjab.

• The Indian leaders also wanted a right to discussion on budget matters.

• Viceroy Lord Dufferin set up a committee. The committee was given the responsibility to draw a
plan for the enlargement of the provincial councils and enhancement of their status. The plan was
drawn, but when it was referred to the Secretary of State for India, he did not agree to
introduction of the Principle of election.

Following provisions were made in the Act:

1. The Indian Councils Act 1892 gave the members right to ask questions on Budget or matters of
public Interest after giving six days’ notice. But no right to ask supplementary questions. The act
was 1892 can be said to be a First step towards the beginning of the parliamentary system in India,
where the members are authorized to ask questions. At least, they were enabled to indulge in a
criticism of the Financial Policy of the Government.

2. Additional members could be indirectly elected to the Legislative Council. For the very first time,
an element of election was sought to be introduced. The universities, district board,
municipalities, zamindars and chambers of commerce were empowered to recommend members
to provincial councils. Thus, was introduced the principle of representation.

3. India was divided into provinces for administrative convenience. Bengal, Bombay and Madras
were presidencies which had more powers than the provinces.

4. The Indian Councils act 1892 increased the number of the additional(non-official) members in
councils to between 10 and 16. The Council now had 6 officials, 5 nominated non-officials, 4
nominated by the provincial legislative councils of Bengal Presidency, Bombay Presidency, Madras
Presidency and North-Western Provinces and 1 nominated by the chamber of commerce in
Calcutta. The law member was made a permanent member. In case of Bombay and Madras 8-20
and In case, of the Bengal 20 and In case of North Western province and Oudh 15. In 1892, the
council consisted of 24 members, only five being where Indians

5. The British reorganized the Indian Army but it was dominated by the European branch of the army.
In addition, the maximum age for entry into the Civil Services was gradually reduced from 23
to
19. The princely states were rewarded for their supportive role for the British in 1857 revolt. Their
right to adopt heirs could be respected and integrity of their territories granted against future
annexation.

Page 7 of 60

Compiled by Rahul Kumar Singh

 • Thus, British made several changes with the objective of gradually involving Indians in the British
administrative structure with the object of preventing any major upsurge from the nationalist
front by creating a permanent group of loyalists.

• Contrary to the Congress faith in the policy of petition, prayer and protest, the Indian Councils Act
did not satisfy the public demand. The congress way of demand was seen as a weakness by the
British Government. This was evident from the following note by BG Tilak: “……political rights will
have to be fought for. The moderates think that these can be won by persuasion. We Think that
they can only be obtained by strong Pressure…”

Demerits: The reforms of Indian Council Act 1892 were quiet unsatisfactory.

1. The functions of the councils and its members were highly restricted.

2. The rules of nomination or election were highly defective.

3. Selected persons could not assure office automatically.

4. The number of members were small.

5. Punjab got no representations.

6. Members question could be disallowed without assigning any reason.

7. There was no chance to amend the bills prepared by the government.

The Indian Councils Act of 1892 was the outcome of a lot of agitation and it did not give any substantial
reality to the Indian people. In the words of Gopal Krishna Gokhale , 'The actual working of the Act of
1892 manifested its hollowness.

Q. Discuss the main features of the Indian Council Act, 1909. What were the reforms introduced in
India under the Indian Council Act, 1909? Is it correct to say that the Indian Council Act ,1909
inaugurated ‘communalism’ in the Indian Politics ? Why the Indian Nationalists were dissatisfied with
the Morley Minto Reforms?

• The Indian Councils Act 1909, commonly known as the Morley-Minto Reforms, was an Act of the
Parliament of the United Kingdom that brought about a limited increase in the involvement of
Indians in the governance of British India. The Act amended the Indian Councils Acts of 1861 and
1892

• The Morley-Minto Reforms, so named after Morley, the secretary of state, and Minto, the viceroy
at that time, were preceded by two important events.

• In October 1906, a group of Muslim elites called the Shimla Deputation, led by the Agha Khan, met
Lord Minto and demanded separate electorates for the Muslims and representation in excess of

Page 8 of 60

Compiled by Rahul Kumar Singh

 their numerical strength in view of ‘the value of the contribution’ Muslims were making ‘to the
defence of the empire’.

• The same group quickly took over the Muslim League, initially floated by Nawab Salimullah of
Dacca along with Nawabs Mohsin-ul- Mulk and Waqar-ul-Mulk in December 1906. The Muslim
League intended to preach loyalty to the empire and to keep the Muslim intelligentsia away from
the Congress.

• John Morley, the Liberal Secretary of State for India, and the Conservative Viceroy of India, The
Minto, believed that cracking down on uprising in Bengal was necessary but not sufficient for
restoring stability to the British Raj after Lord Curzon’s partitioning of Bengal. They believed that
a dramatic step was required to put heart into loyal elements of the Indian upper classes and the
growing Westernised section of the population.

The Reforms:

1. The member of the Legislative Councils, both at the Center and in the provinces, were to be of
four categories i.e. ex officio members (Governor General and the members of their Executive
Councils), nominated official members (those nominated by the Governor General and were
government officials), nominated non-official members (nominated by the Governor General but
were not government officials) and elected members (elected by different categories of Indian
people).

2. The Governor-General, with the approval of the Secretary of State for India, made regulations for
how members of legislative councils were nominated or elected nominated, and their
qualifications. Regulations made in accordance with the Act could not be exercised until laid
before both Houses of Parliament, so that either house might object.

3. The number of elected members in the Imperial Legislative Council and the Provincial Legislative
Councils was increased.

4. In the Provincial Councils, non-official majority was introduced, but since some of these non-
officials were nominated and not elected, the overall non-elected majority remained.

5. In the Imperial Legislative Council, of the total 68 members, 36 were to be the officials and of the
32 non-officials, 27 to be elected and 5 were to be nominated. Of the 27 elected non-officials, 8
seats were reserved for the Muslims under separate electorates (only Muslims could vote here
for the Muslim candidates), while 6 seats were reserved for the British capitalists, 2 for the
landlords and 13 seats came under general electorate.

6. The elected members were to be indirectly elected. The local bodies were to elect an electoral
college, which in turn would elect members of provincial legislatures, who in turn would elect
members of the central legislature.

Page 9 of 60

Compiled by Rahul Kumar Singh

 7. Besides separate electorates for the Muslims, representation in excess of the strength of their
population was accorded to the Muslims. Also, the income qualification for Muslim voters was
kept lower than that for Hindus.

8. Powers of legislatures (both at the centre and provinces) were enlarged and the legislatures could
now pass resolutions (which may not be accepted), ask questions and supplementaries, discuss
the budgets, suggest the amendments, and even to vote on them; excluding those items that were
included as non-vote items. Also they could vote separate items in the budget but the budget as
a whole could not be voted upon.

9. One Indian was to be appointed to the viceroy’s executive council (Satyendra Sinha was the first
to be appointed in 1909).

10. Two Indians were nominated to the Council of the Secretary of State for Indian Affairs.

11. The Indian Councils Act served as the governance structure of India for a decade. It was modified
by the Government of India Act 1912, to clarify the authority of the Governor of Bengal, to create
a legislative council for the new province of Bihar and Orissa, to dispense with Parliamentary
review of the creation of new legislative councils for provinces under a lieutenant-governor and
to permit the creation of legislative councils in provinces under chief commissioners.

Evaluation/ Sowing the seeds of communism

• The reforms of 1909 afforded no answer and could afford no answer to the Indian political
problem. Lord Morley made it clear that colonial self-government (as demanded by the Congress)
was not suitable for India, and he was against introduction of parliamentary or responsible
government in India. He said, “If it could be said that led directly or indirectly to the establishment
of a parliamentary system in India, I, for one, would have nothing at all to do with it.”

• The ‘constitutional’ reforms were, in fact, aimed at dividing the nationalist ranks by confusing the
Moderates and at checking the growth of unity among Indians through the obnoxious instrument
of separate electorates.

• The Government aimed at rallying the Moderates and the Muslims against the rising tide of
nationalism. The officials and the Muslim leaders often talked of the entire community when they
talked of the separate electorates, but in reality it meant the appeasement of a small section of
the Muslim elite only.

• Muslims had expressed serious concern that a “first past the post” electoral system, like that of
Britain, would leave them permanently subject to Hindu majority rule. The Act of 1909 stipulated,
as demanded by the Muslim leadership

1. that Indian Muslims be allotted reserved seats in the Municipal and District Boards, in the
Provincial Councils and in the Imperial Legislature;

Page 10 of 60

Compiled by Rahul Kumar Singh

 2. that the number of reserved seats be in excess of their relative population (25 percent of
the Indian population); and,

3. that only Muslims should vote for candidates for the Muslim seats (‘separate
electorates’).

• Congress considered separate electorate to be undemocratic and hindering the development of a

shared Hindu-Muslim Indian national feeling.

• Besides, system of election was too indirect and it gave the impression of infiltration of legislators
through a number of sieves.

• And, while parliamentary forms were introduced, no responsibility was conceded, which
sometimes led to thoughtless and irresponsible criticism of the Government. Only some members
like Gokhale put to constructive use the opportunity to debate in the councils by demanding
universal primary education, attacking repressive policies and drawing attention to the plight of
indentured labour and Indian workers in South Africa.

• The reforms of 1909 gave to the people of the country a shadow rather than substance. The people
had demanded self-government but what they were given was ‘benevolent despotism’.

The Act of 1909 was important for the following reasons:

• It effectively allowed the election of Indians to the various legislative councils in India for the first
time, though previously some Indians had been appointed to legislative councils.

• The introduction of the electoral principle laid the groundwork for a parliamentary system even
though this was contrary to the intent of Morley.

BEGINNING OF RESPONSIBLE GOVERNMENT

Q. Discuss the chief features of the Government Of India Act, 1919. Also analyse the reasons for the
failure of the Reforms Act of 1919. How did the Government of India Act introduced diarchy?

Government of India Act 1919 was passed by British Parliament to further expand the participation
of Indians in the Government of India. Since the act embodied reforms as recommended by a report
of Edwin Montagu {Secretary of State for India} and Lord Chelmsford {Viceroy and Governor
General}, it is also called as Montague-Chelmsford Reforms or simply Mont-Ford Reforms. The most
notable feature of the act was “end of benevolent despotism” and introduction of responsible
government in India. This act covered 10 years from 1919 to 1929.

Edwin Samuel Montagu had remained the Secretary of State for India between 1917 and 1922. He
was a critic of the entire system by which India was administered. On 20 August 1917, he made a
historic declaration in the House of Commons in British Parliament which is called “Montague
declaration”. The theme of this declaration was increasing association of Indians in every branch of

Page 11 of 60

Compiled by Rahul Kumar Singh

 administration and gradual development of self governing institutions and responsible government
in India.

In November 1917, Montague had visited India to ascertain views from all sections of polity
including talks with Gandhi and Jinnah. A detailed report on Constitutional Reforms in India
{MontFord Report} was published on 8th July, 1918. This report became the basis of Government of
India Act 1919. Key features of this report were as follows

Increasing association of Indians in every branch of administration. Gradual development of self

governing institutions with a view to the progressive realisation of responsible government in India
as an integral part of the British empire.

Progress towards responsible government in successive stages.

Preamble

The Government of India Act 1919 had a separate Preamble. Key points of the preamble were as
follows:

• India to remain as an integral part of British Empire.

• Gradual decentralization of authority with loosening the supreme hold of the central
government. Thus, the preamble of this act suggested for a decentralized unitary form of
government.
• The time and manner towards goal of responsible government will be decided by the British
Parliament.
• Partial responsibility in provinces, but no change in character of the central government.

Introduction of Diarchy: Reserved and Transferred Subjects

In Government of India Act 1919 the spheres of the central and provincial governments were
demarcated by a division of subjects into “central” and “provincial”. Generally speaking, the central
subjects included all subjects directly administered by the Government of India or in which extra
provincial interests were dominant. The provincial subjects included subjects in which the interests
of the provinces essentially predominated.

The Diarchy was for the Provincial Governments. The provincial subjects were divided into two
categories viz. reserved and transferred. The reserved subjects were kept with the Governor and
transferred subjects were kept with Governor acting with the Indian Ministers.

Element of Responsibility in Diarchy: Diarchy was a gradual transition from irresponsible to

responsible government. The provinces were thought to be suitable for experimenting with such
scheme. Thus, the provincial subjects were divided into reserved and transferred subjects. The
elements of responsibility was as follows:

The members in control of the reserved subjects were made responsible to British parliament
through secretary of state.

Page 12 of 60

Compiled by Rahul Kumar Singh

The ministers who controlled the transferred subjects were made responsible through the legislative
councils to an Indian electorate.

While subjects such as Land revenue administration, famine relief, irrigation, administration of
justice, law and order, newspapers, borrowing, forests etc. were kept in reserved list; the subjects
such as education, public health & sanitation, public works, agriculture, fisheries, religious
endowments, local self governments, medical services etc. were kept in transferred list.

In other words, the subjects which were considered of key importance for the welfare of the masses
and for maintaining peace and order in the state were classified as reserved, while subjects in which
there was more local interest were treated as transferred.

Changes in Secretary of State for India: No substantial changes were made in the office of Secretary
of State for India. However, his salary was made a charged expenditure on British revenue this time.
Further, the legislative council got the opportunity to criticize him at the time of budget.

Changes in Indian Council: The Indian Council was to be made of not less than 8 and not more than
12 members. Half of the members should have 10 years standing in the Indian public service.
Further, their tenure was reduced from seven to five years; and salary was increased from £1000 to
£1200. Also the number of Indians on the council was increased from two to three.

Governor General’s Executive Council: A provision was made for inclusion of three Indians in the six
member Council of the Governor General. The advocates of Indian high Courts of less than 10 years
standing were eligible to be appointed as Law Minister in the Council. The Indian Councillors were
entrusted with only some unimportant departments.

Central Legislature: Via the Government of India Act 1919, a bicameral legislature was set up at
centre with two houses viz. Legislative Assembly and Council of State. This was a primitive model of
India’s Lok Sabha and Rajya Sabha.

Legislative Assembly: Legislative Assembly was the lower house with three years as its tenure. It
was made of 145 members of which 41 were nominated and 104 were elected. The 41 nominated
members included 26 officials and 15 non-officials. Governor General was authorised to make
nominations from Anglo Indians, Indian Christians and Labour to the legislative assembly to
safeguard their interests.

The elected members included 52 General Members, 30 Muslims, 9 Europeans, 7 Landlords, 4

Representatives of India Community and 2 Sikhs. This means that the distribution of the seats was
not based on population but importance in the eyes of the government.

Council of State: The Council of state of upper house had 60 members of which 33 were elected
while 27 were nominated. Out of the 33 elected members, 16 were general, 11 Muslims, 3
Europeans and 1 Sikh. Out of 27 nominated members, 17 were officials and 10 were non-officials.
The tenure of Council of State was five years.

Powers of the Assembly and Council: The Legislative Assembly and Council of State enjoyed similar
and concurrent powers except in matters of finance. A bill needed to be passed on both the houses
before becoming a law. The budget was presented in both the houses in same day, however, all
other money bills were first introduced in lower house and then in upper house. Voting on grants

Page 13 of 60

Compiled by Rahul Kumar Singh

could take place only in legislative assembly. Further, if a money bill was passed by assembly but
rejected or returned by the assembly with some amendments, the amendment were not acceptable
to the assembly until so certified by the Governor General.

Financial Powers: The act separated, for the first time, provincial budgets from the Central budget
and authorised the provincial legislatures to enact their budgets. But the financial powers of the
central legislature were also very much limited. The budget was to be divided into two categories,
votable and non-votable. The votable items covered only one third of the total expenditure. Even in
this sphere the Governor-General was empowered to restore any grant refused or reduced by the
legislature, if in his opinion the demand was essential for the discharge of his responsibilities.

Conflict between Legislative Assembly and Council: There were three instruments to resolve the
deadlock between the two houses. These instruments were: Joint Committees, Joint Conferences
and Joint Sittings. Joint committees meant to avoid the possibility of deadlock. Joint Conferences
meant to solve the differences by agreeing to a conference of equal number of representatives of
both the houses and Joint Sittings was convened by the Governor as a last resort within six months
of the difference.

Elections and Franchise: Under the Government of India Act 1919, the franchise was restricted.
There was no universal franchise, no adult suffrage and no voting powers for women. The
qualifications for voting were as follows:

• They should have a property with rental value, taxable income or paid land revenue of at least
Rs. 3000 in a year.
• They must have past experience in the legislative council.
• They must have membership of university senate.
• They should hold certain offices in local bodies.
• They should have some specified titles.
• The above qualifications were so much restrictive that there were only 1700 voters for
election of 33 members.

Powers of the Governor General

No bill of the legislature could be deemed to have been passed unless assented to by the governor
general. However, the later could enact a Bill without the assent of the legislature. He possessed the
power to prevent the consideration of a Bill or any of its part, on the plea that it was injurious to the
peace and tranquility of the country. He could disallow a question in the legislature. He had the
power to withhold his assent to any bill passed by the legislature without which it could not become
an Act. He also had the power to disallow an adjournment motion or debate on any matter. He
could enact a law, which he considered essential for the safety and tranquility of the empire even if
the legislature had refused to pass it.

Other Important Provisions

The act provided for the establishment of a Public Service Commission in India for the first time.

Page 14 of 60

Compiled by Rahul Kumar Singh

 This act also made a provision in its part V, that a statutory commission would be set up at the end
of 10 years after the act was passed which shall inquire into the working into the system of the
government. The Simon commission of 1927 was an outcome of this provision.

The communal representation was extended and Sikhs, Europeans and Anglo Indians were included.
The Franchise (Right of voting) was granted to the limited number of only those who paid certain
minimum “Tax” to the government.

Critical Assessment
The above description makes it clear that the Government of India Act provided for partial transfer
of Power to the electorate through the system of Diarchy. It also prepared the ground for the Indian
Federalism, as it identified the provinces as units of fiscal and general administration. But the
growing nationalism was not satisfied. The Act of 1919 had three major defects from the nationalist
point of view: (a) absence of responsible government at the center, (b) separate electorates for
different communities. Although the Mont-ford Report had declared that the separate electorate
was a very serious hindrance to the development of the self-governing principles, yet separate
electorate came to be significant feature of the Indian political life. The introduction of diarchy in the
province was too complicated to be smoothly worked.

Merits of GOI Act 1919

Despite of several limitations, the GOI Act 1919 had some merits. The GOI act 1919 marked the end
of the policy of benevolent despotism, and thus began the genesis of the responsible government in
India. It was for the first time, that elections to the legislatures were known to the people and this
created political consciousness among the masses. However, those people who had a property,
taxable income & paid land revenue of Rs. 3000 were entitled to vote. The number of the Indian in
the was raised to 3 in the Governor General in Council of 8. These Indian members were entrusted
to some portfolios such as labor, health and industry.

It was the GOI Act 1919, whereby, the Indians came in direct contact with administration for the first
time. This was a very useful experience. It was also for the first time that a number of Indian women
got the right to franchise for the first time.

Now, under the Indian ministers , some of the far reaching measures were taken such as enactment
of Madras State Aid to Industries Act, 1923, the Bombay Primary Education act, the Bihar and Orissa
village administration Act, the Bombay local boards act, 1923, etc.

Drawbacks:

(i) Franchise was very limited.

(ii) At the centre, the legislature had no control over the governor-general and his executive council.

(iii) Division of subjects was not satisfactory at the centre.

(iv) Allocation of seats for Central Legislature to provinces was based on ‘importance’ of provinces for
instance, Punjab’s military importance and Bombay’s commercial importance.

Page 15 of 60

Compiled by Rahul Kumar Singh

 (v) At the level of provinces, division of subjects and parallel administration of two parts was irrational
and hence unworkable.

(vi) The provincial ministers had no control over finances and over the bureaucrats, leading to
constant friction between the two. Ministers were often not consulted on important matters too;
in fact, they could be overruled by the governor on any matter that the latter considered special.

On the home government (in Britain) front, the Government of India Act, 1919 made an important
change the secretary of state was henceforth to be paid out of the British exchequer.

Congress’ Reaction: The Congress met in a special session in August 1918 at Bombay under Hasan
Imam’s presidency and declared the reforms to be “disappointing” and “unsatisfactory” and
demanded effective self-government instead.

THE GOVERNMENT OF INDIA ACT, 1935

Q. Write a note on the special characteristics of the Government of India Act,1935. How did it influence
the development of Federal form of Government of India? How did it influence the development of
federal form of Government of India?

• The Government of India Act 1935 was originally passed in August 1935 and was the longest British
Act of Parliament ever enacted by that time. The Government of Burma Act 1935 was also
included in it.

Background to the Act:

• Indians had increasingly been demanding a greater role in the government of their country since
the late 19th century. The Indian contribution to the British war effort during the First World War
meant that even the more conservative elements in the British political establishment felt the
necessity of constitutional change, resulting in the Government of India Act 1919. That Act
introduced a novel system of government known as provincial “diarchy”.

• After the release and publication of Simon Commission Report when the new Labour Government
succeeded in office, it declared that the Report was not final and in order to resolve the
constitutional deadlock, the matter would finally considered after consulting representatives of
all the Indian communities. This would be done at a Round Table Conference in London.

• After holding three sessions of Round Table Conference in 1930, 1931 and 1932 respectively, their
recommendations were embodied in a White Paper published in 1933, which was considered by
a Joint Select Committee of the British Parliament chaired by Lord Linlithgow. (However, division
between Congress and Muslim representatives proved to be a major factor in preventing

Page 16 of 60

Compiled by Rahul Kumar Singh

 agreement as to much of the important detail of how federation would work in practice. So, the
new Conservative-dominated National Government in London decided to go ahead with drafting
its own proposals “the white paper“.)

• The government also constituted a committee of 20 representatives from British India and 7 from
Indian States including 5 Muslims. The committee went in session from April 1933 to December
1934 for deliberation and submitted its report to Parliament in the end of 1934. The Parliament
debated the report and passed a bill in February 1935, which got royal assent on July 24th 1935,
and it was enforced on April 1, 1937 with the name of Government of India Act 1935.

• Although the Government of India Act 1935 was intended to go some way towards meeting Indian
demands, both the detail of the bill and the lack of Indian involvement in drafting its contents
meant that the Act met with a lukewarm response at best in India, while still proving too radical
for a significant element in Britain.

Provisions of the Act:

The Government of India Act 1935 contained 32 Sections 14 Parts and 10 Schedules and consisted of
2 Major Parts. The Act introduced federal system in the centre.

Provincial Part of the Act:-Introduction of Provincial Autonomy:

• The provincial part of the Act basically followed the recommendations of the Simon Commission.

• In the provinces Diarchy was abolished. There was no Reserve Subjects and no Executive Council
in the provinces. The Council of Ministers was to administer all the provincial subjects except in
certain matters like law and orders etc. for which the government had special responsibilities.

• The ministers were chosen from among the elected members of the provincial legislature and
were collectively responsible to it.

• The British-appointed provincial governors (who were responsible to the British Government via
the Viceroy and Secretary of State for India) were to accept the recommendations of the ministers
unless, in their view, they negatively affected his areas of statutory “special responsibilities” such
as the prevention of any grave menace to the peace or tranquility of a province, the safeguarding
of the legitimate interests of minorities, rights of civil servants etc.

• In the event of political breakdown, the governor, under the supervision of the Viceroy, could take
over total control of the provincial government. This, in fact, allowed the governors a more
untrammeled control than any British official had enjoyed in the history of the Raj. After the
resignation of the congress provincial ministries in 1939, the governors did directly rule the ex
Congress provinces throughout the war.

• It was generally recognized, that the provincial part of the Act, conferred a great deal of power
and patronage on provincial politicians as long as both British officials and Indian politicians played
by the rules. However, the paternalistic threat of the intervention by the British governor rankled.

Page 17 of 60

Compiled by Rahul Kumar Singh

 Federal Part of the Act:-All India Federation
• The India Act 1935 proposed to set up All Indian Federation comprising of the British Indian
Provinces and Princely States. The constituent units of the Federation were 11 Governor’s
provinces, 6 Chief Commissioner’s provinces and all those states that agreed to joint it. The States
were absolutely free to join or not to join the proposed Federation.

• At the time of joining the Federation the ruler of the state was to execute an Instrument of
Accession in favour of the Crown. On acceptance of that Instrument, the state was become a unit
of the Federation. The ruler was however authorized to extend the functions of the federal
authority in respect of his state by executing another instrument in its internal affairs.

• The act proposed that federation of India could come into existence only if as many princely states
were entitled to one half of the states seats in the upper house of the federal legislature.

• The terms offered to the Princes included:

o Each Prince would select his state’s representative in the Federal Legislature. There would
be no pressure for Princes to democratize their administrations or allow elections for
state representatives in the Federal Legislature.

o The Princes would enjoy heavy weightage. The Princely States represented about a
quarter of the population of India and produced well under a quarter of its wealth.

• Unlike the provincial portion of the Act, the Federal portion was to go into effect only when half
the States by weight agreed to federate. This never happened due to opposition from rulers of
the princely states and the establishment of the Federation was indefinitely postponed after the
outbreak of the Second World War. The remaining parts of the Act came into force in 1937, when
the first elections under the act were also held.

Division of Federal Subjects:

• The scheme of federation and the provincial autonomy necessitated proper division of subjects
between the centre and the provinces.

The division under 1919 Act was revised and the 1935 Act contained three lists i.e. (1)Federal,
(2)Provincial(3) Concurrent Legislative Lists.

Indian Reaction to the Proposed Federation:

• So little was offered that all significant groups in British India rejected and denounced the
proposed Federation. A major contributing factor was the continuing distrust of British intentions
for which there was considerable basis in fact.

• No significant group in India accepted the Federal portion of the Act. After all, there are five
aspects of every Government worth the name: (a) The right of external and internal defence and
all measures for that purpose; (b) The right to control our external relations; (c) The right to control

Page 18 of 60

Compiled by Rahul Kumar Singh

 our currency and exchange; (d) The right to control our fiscal policy; (e) the day-to-day
administration of the land.”

• But under the Act, external affairs, defence, currency and exchange were all under Governor
General effectively. Reserve Bank Bill just passed has a further reservation in the Constitution that
no legislation may be undertaken with a view to substantially alter the provisions of that Act
except with the consent of the Governor-General…. there is no real power conferred in the Centre.

• However, the Liberals, and even elements in the Congress were tepidly willing to give it a go.
Linlithgow asked Sapru whether he thought there was a satisfactory alternative to the scheme

of the 1935 Act. Sapru replied that they should stand fast on the Act and the federal plan
embodied in it.

• Birla said that It was not ideal but at this stage it was the only thing.He thought that Congress was
moving towards acceptance of Federation. He said that Gandhi was not over-worried by the
reservation of defence and external affairs to the centre, but was concentrating on the method of
choosing the States’ representatives. Birla wanted the Viceroy to help Gandhi by persuading a
number of Princes to move towards democratic election of representatives.

Introduction of Diarchy at the Centre: Provincial Autonomy

• The India Act 1935 introduced Diarchy at the centre. The Federal Subjects were divided into two
categories, the Reserved and the Transferred. The reserved subjects were to be administered by
the Governor-General on the advice of executive councilors, while transferred subjects were to
be administered on the advice of the ministers.

• The Reserved included defence, ecclesiastical affairs, external affairs and administration of Tribal
Areas. These were to be administered by the Governor General with the help of executive
councilors not exceeding three in number.

• The rest of the subjects were Transferred ones. These were to be administered by the Governor
General with the help of a Council of Ministers, the number of which was not to exceed 10. The
Governor General by his special powers and responsibilities could dominate the ministers.

• The British Government, in the person of the Secretary of State for India, through the Governor-
general of India(Viceroy) , would continue to control India’s financial obligations, defence, foreign
affairs and the British Indian Army and would make the key appointments to the Reserve Bank of
India and Railway Board.

• The Act stipulated that no finance bill could be placed in the Central Legislature without the
consent of the Governor General. The funding for the British responsibilities and foreign
obligations (e.g. loan repayments, pensions), at least 80 percent of the federal expenditures,
would be non-votable and be taken off the top before any claims could be considered for social
or economic development programs.

Page 19 of 60

Compiled by Rahul Kumar Singh

• The Viceroy, under the supervision of the Secretary of State for India, was provided with overriding
and certifying powers that could, theoretically, have allowed him to rule autocratically.

Protection of Minorities: A very significant provision was the safeguards and protective armours for
the minorities. It was argued that the minorities needed protection from the dominance of the
majority community. But the so-called provisions in the Act relating to safeguards were merely a
trick to empower the Governor Generaland the Governors to override the ministers and the
legislators.

Bicameral Legislature: The proposed federal legislature was bicameral body consisting of the Council
of States (Upper House) and the Federal Assembly (Lower House).

• The strength of the Upper House(Council of States) was 260 out of which 104 nominated by the
rulers were to represent the Indian States. 6 by the Governor General and 150 were to be
elected.(Out of 260 members 156 were to represent the provinces and 104 to the native Indian
states.)

• Out of the 156 which were to represent the provinces, 150 were to be elected on communal basis.
Seats reserved for Hindus, Muslims, Sikhs, were to be filled by direct elections and Seats reserved
for Indian Christians, Anglo Indians and Europeans was to be filled by indirect method of a
electoral college consisting of their representative members

• The lower House was to consist of 375 members, out of which 250 were to be the representatives
of the British India and 125 of the Indian States. The members from the British India were to be
indirectly elected who were composed of the members of the Lower Houses of the Provincial
Legislatures but were to be nominated by the rulers in case of the Indian States. Its life was 5 years
unless dissolved earlier by the Governor General.

• 6 out of 11 provinces were given bicameral system of legislature. The Act not only enlarged the
size of legislature, it also extended the franchise i.e. the number of voters was increased and
special seats were allocated to women in legislature.

• Membership of the provincial assemblies was altered so as to include more elected Indian
representatives, who were now able to form majorities and be appointed to form governments.
Establishment of a Federal Court, Federal Railway Authority and Reserve Bank:

• The India Act 1935 also provided for the establishment of a Federal Court to adjudicate interstates
disputes and matters concerning the interpretation of the constitution.

• It was however, not the final court of appeal. In certain cases the appeals could be made to the
Privy Council in England.

• A federal court was established which began its functioning from October 1, 1937. The chief
Justice of the federal court was Sir Maurice Gwyer. It consisted of One Chief Justice and not more
than 6 Judges.

Page 20 of 60

Compiled by Rahul Kumar Singh

• Federal Railway Authority: The Government of India Act 1935 vested the control of the railways
in federal railway authority , a new 7 member body. This authority was kept free from the control
of ministers and councilors. The idea was to assure the British Stakeholders of the railways that
their investment was safe

• Reserve Bank of India was established.

Communal and Separate Electorate and Reservations:

• The Act not only retained the separate electorate(of previous act of 1919) but also enlarged its
scope. The Anglo-Indians and the Indo-Christians were also given separate electorate.

• Women were granted reservation in 41 seats in provincial legislatures as well as limited

reservations in central legislature. But women reservation was subdivided in religious lines. • The
reservation of seats for the Depressed Classes was incorporated into the act,

Supremacy of the British Parliament:

• The supremacy of the British Parliament remained intact under the government Act of India 1935.
No Indian legislature whether federal or provincial was authorized to modify or amend the
constitution. The British Parliament alone was given the authority to amend it.

Burma Separation from India:

• Another important feature of the Act was that Burma was separated from India with effect from
April 1937.

• Aden was also transferred from the administrative control of the Government of India to that of
the colonial offices. Thus Aden became a Crown colony.

Abolition of the Indian Council of the Secretary of State:

• The Government of India Act 1935 abolished the Council of the Secretary of State for India, which
was created in 1858. The Secretary of State was to have advisers on its place.

• With the introduction of the provincial autonomy the control of the Secretary of State over
Transferred Subjects was greatly diminished. His control, however, remained intact over the
powers of Governor General and Governors.

Reorganisation of Provinces and Creation of Two New Provinces:

• A partial reorganization of the provinces:

o Sindh was separated from Bombay o Bihar and Orissa was

split into separate provinces of Bihar and Orissa

Page 21 of 60

Compiled by Rahul Kumar Singh

 • Hence, the Act provided for the creation of two new provinces of Sindh and Orissa. The new
provinces together with the NWFP formed the Governor provinces making 11 in all.

Analysis of the Act:

• The basic conception of the act of 1935 was that the government of India was the government of
the crown, conducted by authorities deriving functions directly from the crown, in so far as the
crown did not itself retain executive functions. His conception, familiar in dominion constitutions,
was absent in earlier Acts passed for India.

• The experiment of provincial autonomy under the act of 1935, definitely served some useful
purposes, thus we can say that the Government of India Act 1935 marks a point of no return in
the history of constitutional development in India.

No preamble: the ambiguity of British commitment to dominion status:

• While it had become uncommon for British Acts of Parliament to contain a preamble, the absence
of one from the Government of India Act 1935 contrasts sharply with the 1919 Act, which set out
the broad philosophy of that Act’s aims in relation to Indian political development.

• The 1919 Act’s preamble quoted, and centered on, the statement of the Secretary of State for
India, Edwin Montagu (1917–1922) to the House of Commons on 20 August 1917, which had
pledged: “…the gradual development of self-governing institutions, with a view to the progressive
realization of responsible government in India as an integral Part of the British Empire.”

• Indian demands were by now centering on British India achieving constitutional parity with the
existing Dominions such as Canada and Australia, which would have meant complete autonomy
within the British Commonwealth. A significant element in British political circles doubted that
Indians were capable of running their country on this basis, and saw Dominion status as something
that might, perhaps, be aimed for after a long period of gradual constitutional development.

• This tension between and within Indian and British views resulted in the clumsy compromise of
the 1935 Act having no preamble of its own, but keeping in place the 1919 Act’s preamble. This
was seen in India as yet more mixed messages from the British, suggesting at best a lukewarm
attitude towards satisfying Indian desires.

No “Bill of Rights / Fundamental Rights”: In contrast with most modern constitutions, but in
common with Commonwealth constitutional legislation of the time, the Act does not include a “bill
of rights” or “fundamental rights” within the new system that it aimed to establish as the draft
outline constitution in the Nehru Report included such a bill of rights.

• However, in the case of the proposed Federation of India there was a further complication in
incorporating such a set of rights, as the new entity would have included nominally sovereign (and
generally autocratic) princely states.

Safeguards:

Page 22 of 60

Compiled by Rahul Kumar Singh

 • The Act was not only extremely detailed, but it was riddled with ‘safeguards’ designed to enable
the British Government to intervene whenever it saw the need in order to maintain British
responsibilities and interests.

• To achieve this, in the face of a gradually increasing Indianization of the institutions of the
Government of India, the Act concentrated the decision for the use and the actual administration of the
safeguards in the hands of the British-appointed Viceroy and provincial governors who were subject to the
control of the Secretary of State for India.

Reality of Responsible Government Under the Act – Is the Cup Half-Full or Half-Empty?

• A close reading of the Act reveals that the British Government equipped itself with the legal
instruments to take back total control at any time they considered this to be desirable. However,
doing so without good reason would totally sink their credibility with groups in India whose
support the act was aimed at securing.

• Contrasting view of Lord Lothian, in a talk lasting forty-five minutes, came straight out with his
view on the Bill: “If you look at the constitution it looks as if all the powers are vested in the
Governor-General and the Governor. But is not every power here vested in the King? Everything is
done in the name of the King but does the King ever interfere? Once the power passes into the
hands of the legislature, the Governor or the Governor-General is never going to interfere.”

False Equivalences:

• Under the Act, British citizens resident in the UK and British companies registered in the UK must
be treated on the same basis as Indian citizens and Indian registered companies unless UK law
denies reciprocal treatment.

• The unfairness of this arrangement is clear when one considers the dominant position of British
capital in much of the Indian modern sector and the complete dominance, maintained through
unfair commercial practices (Like: Insignificance of Indian capital in Britain and the nonexistence
of Indian involvement in shipping to or within the UK).

• There are very detailed provisions requiring the Viceroy to intervene if, in his view, any India law
or regulation is intended to, or will in fact, discriminate against UK resident British subjects, British
registered companies and, particularly, British shipping interests.

British Political Needs vs. Indian Constitutional Needs – the Ongoing Dysfunction:

• From the moment of the Montagu statement of 1917, it was vital that the reform process stay
ahead of the curve if the British were to hold the strategic initiative. However, imperialist
sentiment, and a lack of realism, in British political circles made this impossible. Thus the grudging
conditional concessions of power in the Acts of 1919 and 1935 caused more resentment and
signally failed to win the Raj the backing of influential groups in India which it desperately needed.

Page 23 of 60

Compiled by Rahul Kumar Singh

• There is evidence that Montagu would have backed something of this sort but his cabinet
colleagues would not have considered it. Considering the balance of power in the Conservative
party at the time, the passing of a Bill more liberal than that which was enacted in 1935 is
inconceivable.’

Relationship to a Dominion Constitution:

• In 1947, a relatively few amendments in the Act made it the functioning interim constitutions of
India and Pakistan.

Page 24 of 60

Compiled by Rahul Kumar Singh

 THE INDIAN INDEPENDENCE ACT, 1947
Q. Discuss the main provisions of the Indian Independence Act , 1947. What is the Constitutional
significance of this Act?

Once the whole partition scheme was agreed by major political parties, stage was set for introducing
Independence Bill in the House of Commons, which was introduced on July 4, 1947. This was the
culmination of India’s struggle against colonialism and imperialism.

It was also the victory of communal forces in our national struggle, because the Act provided for the
partition of India and formation of an independent and sovereign state of Pakistan. It was also the
victory of forces which followed the policy of ‘Divide and Rule’ on the one hand and ‘Divide and
Quit’ on the other.

The Act established that by deliberate maneuvering a ruling party with the co-operation of minority
could veto very effectively the will and wishes of even a strong majority, on one pretext or the other.
The Act of 1947 was not a constitution in any manner or even did not provide for any constitution
on broad basis. On the other hand, it was an Act which enabled the British government to withdraw
from India.

Salient features

1. It provided for two dominion states : India and Pakistan

2. The boundaries between the two dominion states were to be determined by a Boundary
Commission which was headed by Sir Cyril Radcliff.

3. It provided for partition of Punjab & Bengal and separate boundary commissions to demarcate
the boundaries between them.

4. Pakistan was to comprise the West Punjab, East Bengal, Territories of the Sind, North West
frontier provinces, Syllhat divisions of Assam, Bhawalpur, khairpur, Baluchistan and 8 other
princely states of Baluchistan.

5. The authority of the British Crown over the princely states ceased and they were free to join either
India or Pakistan or remain independent.

6. Both the dominions of India and Pakistan were to have Governor Generals to be appointed by the
British King. The act also provided for a common Governor general if both of them agreed.

Page 25 of 60

Compiled by Rahul Kumar Singh

7. The constituent assemblies of both the states were free to make constitutions of their respective
countries.

8. For the time being till the constitution was made, both of them would be governed in accordance
with the Government of India act 1935.

9. Any modification or omission could be done by the Governor General.

10. British Government would not continue any control on any dominion.

11. The Governor general was invested with adequate powers until March 1948 to issue orders for
effective implementation of the provisions of the Indian independence act 1947.

12. Those civil servants who had been appointed before the August 15, 1947, will continue in service
with same privileges.

Aftermath
Jinnah left for Karachi on August 7, 1947. Here the Constituent assembly of Pakistan met on August
11, 1947 and elected him the President. Three days later he was sworn in as Governor General of
Pakistan. On the midnight of 14 August and 15 August 1947, India and Pakistan came into existence.
The Constituent assembly then appointed Lord Mountbatten as the First Governor General of the
Indian Dominion. In the Morning of August 15, 1947, a new cabinet headed by Jawaharlal Nehru was
sworn in. India paid a heavy price, thereafter in the form of thousands of lives lost in the fire of
partition.

Page 26 of 60

Compiled by Rahul Kumar Singh

 INDIAN CONSTITUTION
Q. When was the Constituent Assembly set up ? Name the Chairman of the Drafting committee of the
Constituent Assembly . When the Constitution of India came into force? What features of our
Constitution has been borrowed from the Government of India act, 1935? Why the Indian Constitution is
regarded as the “Bulkiest constitution” of the world ? Is the Indian Constitution rigid and flexible ?

The Constitution of India was framed by the Constituent Assembly which was constituted in 1946
under the Cabinet Mission Plan.

There were proposed 292 members of the Constituent Assembly to be indirectly elected by the
members of the existing Provincial Assemblies by the method of proportional representation with
single transferable vote. In addition, there were 93 members nominated by the rulers of the Princely
States. Seats in each province were distributed among three main communities- General, Muslim,
Sikh proportional to their population.

Following the partition of the country in 1947, the membership of the assembly was reduced to 299
members. Of these 229 members were elected by the provincial assemblies and the rest were
nominated by the rulers of the princely states. Majority members belonged to the Congress party.

The senior most member Dr. Sachidananda Sinha was selected as the temporary President of the
Assembly. Thereafter, the President of the Assembly Dr. Rajendra Prasad was elected as the
President of the Assembly.

The Assembly worked with the help of a large number of committees and sub-committees. The
committees were of two types :

• (a) relating to matters concerning with procedures,

• (b) concerning important issues.

The most important committee was the Drafting Committee. Dr. B.R. Ambedkar was the Chairman of
the Drafting Committee.

The Constituent Assembly met for 166 days spread over a period of 2 years 11 months and 18 days.
There were 11 sessions of the assembly.

The ‘Objectives Resolution’ was moved by Jawahar Lal Nehru in the Constituent Assembly on
December 17, 1946 which was almost unanimously adopted on January 22, 1947.

Page 27 of 60

Compiled by Rahul Kumar Singh

Jan. 26, 1930 was decided in the Lahore session of the Congress in Dec 1929 to celebrate as
Independence Day. Hence, January 26, 1950 was decided as the day to enforce the constitution to
commemorate the first independence day celebration.[/box]

It reads –

1. This Constituent Assembly declares its firm and solemn resolve to proclaim India as an
Independent Sovereign Republic and to draw up for her future governance a Constitution;

2. WHEREIN the territories that now comprise British India, the territories that now form the Indian
States, and such other parts for India as are outside British India and the States as well as such
other territories as are willing to be constituted into the Independent Sovereign India, shall be a
Union of them all; and

3. WHEREIN the said territories, whether with their present boundaries or with such others as may
be determined by the Constituent Assembly and thereafter according to the law of the
Constitution, shall possess and retain the status of autonomous Units, together with residuary
powers and exercise all powers and functions of government and administration, save and except
such powers and functions as are vested in or assigned to the Union, or as are inherent or implied
in the Union or resulting there from; and

4. WHEREIN all power and authority of the Sovereign Independent India, its constituent parts and
organs of government, are derived from the people; and

5. WHEREIN shall be guaranteed and secured to all the people of India justice, social economic and
political : equality of status, of opportunity, and before the law; freedom of thought, expression,
belief, faith, worship, vocation, association and action, subject to law and public morality; and

6. WHEREIN adequate safeguards shall be provided for minorities, backward and tribal areas, and
depressed and other backward classes; and

7. WHEREBY shall be maintained the integrity of the territory of the Republic and its soverign rights
on land, sea, and air according to justice and the law of civilized nations; and

8. This ancient land attains its righful and honoured placed in the world and make its full and willing
contribution to the promotion of world peace and the welfare of mankind.

This Resolution was unanimously adopted by the Constituent Assembly on 22 January 1947. In the
light of these ‘Objectives’ the Assembly completed the task of constitution making by November
26,1949. The constitution was enforced with effect from January 26, 1950. From that day, India
became a Republic.

Page 28 of 60

Compiled by Rahul Kumar Singh

Is the Indian Constitution copied from Govt. of India Act, 1935 and from other countries

But if the premise of the question is why the framers of the Constitution copied it or why didn’t they
create something original then pardon me but I must say it’s a naive question. Not reinventing the wheel
is the hallmark of the smart people.

Here is the answer from the main accomplice (if I may say so) of the alleged crime of plagiarism.

“It is said that there is nothing new in the Draft Constitution, that about half of it has been copied from
the Govt. of India Act of 1935 and that the rest of it has been borrowed from the Constitutions of other
countries. Very little of it can claim originality.

One likes to ask whether there can be anything new in a Constitution framed at this hour in the history
of the world. More than hundred years have rolled over when the first written Constitution was drafted.
It has been followed by many countries reducing their Constitutions to writing. What the scope of a
Constitution should be has long been settled. Similarly what are the fundamentals of a Constitution are
recognized all over the world. Given these facts, all Constitutions in their main provisions must look
similar. The only new things, if there can be any, in a Constitution framed so late in the day are the
variations made to remove the faults and to accommodate it to the needs of the country. The charge of
producing a blind copy of the Constitutions of other countries is based, I am sure, on an inadequate
study of the Constitution…

As to the accusation that the Draft Constitution has produced a good part of the provisions of the Govt.
of India Act, 1935, I make no apologies. There is nothing to be ashamed of in borrowing. It involves no
plagiarism. Nobody holds any patent rights in the fundamental ideas of a Constitution…provisions taken
from the Government of India Act, 1935, relate mostly to the details of administration...”

Dr. Ambedkar’s reply on the criticism that it has been copied: The man even answered the question ‘Can
a completely new, radical Constitution is a better idea?’ “I feel, however good a Constitution may be, it
is sure to turn out bad because those who are called to work it happen to be a bad lot. However bad a
Constitution may be, it may turn out to be good if those who are called to work it, happen to be a good
lot. The working of a Constitution does not depend wholly upon the nature of the Constitution.”

The Indian Constitution is the lengthiest and the most detailed of all the written constitutions of the
world.

The extraordinary bulk of the Constitution is due to several reasons are as follows -

1) The framers of the Indian Constitution have gained experience from the working all the known
Constitutions of the world. They were aware of the difficulties faced in the working of these Constitutions.
This was the reason that they sought to incorporate good provisions of those Constitutions in order to
avoid defects and loopholes that might come in future in the working of the Indian Constitution.
Accordingly, they framed the chapter of the fundamental rights on the model of the American
constitution, and adopted the parliamentary system of government from the United Kingdom , they took

Page 29 of 60

Compiled by Rahul Kumar Singh

the idea of Directive Principles of State Policy from the constitution of Ireland, and added elaborate
provisions relating to emergency in the light of the Constitution of the German Reich and the Government
of India Act 1935.

2) The Indian Constitution lays down the structure not only of the central government but also the states.
The American constitution leaves the state to draw up their own constitution.

3) The vastness of the country and peculiar problems relating to the language have added to the bulk of
the Constitution.

4) The constitution contains a long list of fundamental rights and also number of Directive Principles,
which confer no justifiable right upon the individual. Though these directives by their very nature could
not be made legally enforceable yet the framers incorporated them in the Constitution with a view that it
would serve as constant reminder to the Future government that they will have to implement them in
order to achieve the ideals of the welfare state as envisaged in the Preamble of the Constitution. It was
also felt that the smooth working of an infant democracy might be jeopardised unless the constitution
mentioned in detail things which were left in other constitutions to ordinary legislation. This explains why
we have in our constitution detailed to provisions about the organisations of the Judiciary, the services,
the public service commissions, Elections and many transitory provisions.

Rigidity and Flexibility of Indian Constitution

This has been a debatable topic since the adoption of Indian Constitution on 26th Nov 1949 and coming
into effect from 26th Jan 1950. While some people say that Indian Constitution is rigid, some are in
favour of it being flexible. But things cannot always be classified as black or white. We have to accept
the existence of gray and same is the case with Indian constitution. It is neither too rigid nor too flexible.
Before getting into the discussion I would like to familiarize the readers with the base on which rigidity
or flexibility of a constitution is decided. It is decided by the easiness to make amendments in the
constitution.

The makers of the constitution were sagacious people who incorporated the best of every constitution
and gave birth to ruling book of the largest democracy. The makers were conscious of the fact that too
rigid a constitution will not withstand the weight of change and at the same time too flexible a
constitution will not be able to provide security, predictability and identity to its people. Efforts were
made to make the constitution a living document with basic values being intact. A proper balance needs
to be maintained and it has been successfully achieved. Till date there have been 98 amendments in
Indian Constitution where as in the American constitution there have been only 27 amendments in 215
years of its existence. Thus, American Constitution is an example of a rigid constitution which does not
easily accept changes. The constitution of England is an example of a very flexible constitution. England
has an unwritten (uncodified) constitution. This means that there is no single rule book. The British
constitution is embodied in written documents, within statutes, court judgements, treaties,
parliamentary constitutional conventions and royal prerogatives. New laws can be easily made by simple
amendments by the parliament of England. Thus when compared to both England and USA, the fact that
Indian Constitution is both rigid and flexible is quite conspicuous.

Page 30 of 60

Compiled by Rahul Kumar Singh

The article 368 of the constitution provides for the ways to incorporate changes in the constitution and
maintains the sanctity of constitution. It also puts limitation on what and how to make amendments in
the constitution. It has been mentioned that part III (which has the fundamental rights) cannot be
amended. The Indian Constitution can be amended in three ways-

1. Some bills are to be passed by simple majority ( more than half of the members present and voting
should be in favour)

2. Some bills are to be passed by special majority ( 2/3rd of members present and voting should agree
and they should be more than half of the total strength of the house)

3. Few bills are passed with special majority (as aforesaid) and also ratified by not less than one half of
the state legislatures.

It is evident again from the above mentioned argument that it is easier to make some type of
amendments but it is very difficult to make others.

Over the years there have been many occasions on which the flexibility and rigidity of the Indian
Constitution have been put under test. The constitution has been able to withstand these strains over
the course of history and had maintained the trust of Indian people in the democratic machinery.

Q. “The Constitution of India is not an original document. The framers of the Constitution borrowed
several features from other constitutions of the world.”- Explain. Discuss the salient features of Indian
Constitution.

The Indian Constitution has been much inspired by the British constitutional practice. Our long
association with the British administration has made us to adopt parliamentary democracy and rule of
law in our constitutional system.

The influence of the Government of India Act, 1935 on our present Constitution is quite far-reaching.

This Act was passed by the British Government in 1935 and it provided a parliamentary and federal
system in India. The Constitution borrowed the federal feature and the provision of emergency from the
Government of India Act, 1935.

A few critics went to the extent of saying that the present Constitution of India is a “glorified version of
the Government of India Act, 1935”.

However, this criticism is not justified. The 1935 Act contained various arbitrary provisions. There are
certain departures from the Act of 1935 in our present Constitution. The present Constitution is a
democratic constitution. It has given adult franchise to the citizens and guaranteed their Fundamental
Rights.

It has made India a Welfare State, and contained a new chapter on the Directive Principles of State
Policy. Thus it is not correct to hold the view that the present Constitution is a copy of the Government
of India Act, 1935.

Page 31 of 60

Compiled by Rahul Kumar Singh

The Constitutions of America and Canada have some ‘”influence over our Constitution. The idea of
Fundamental Rights, limited Judicial Review, and the federal form of Government have been borrowed
from the American Constitution.

Like the Canadian pattern, the Indian federation has been called as the Union of States and the
residuary powers are vested in the Centre rather than in the Units. Further, like the Constitutions of
Canada and the Union of South Africa, but unlike the Constitutions of America.

Australia and Switzerland, the Constitution of India incorporates within itself both the constitutions of
the Centre as well as the States. The idea of Directive Principles of State Policy has been borrowed from
the Irish and Spanish Constitutions.

The provision of Emergency in our Constitution has a resemblance with the Weimar Constitution of
Germany.

The procedure of the Indian presidential election and nomination of certain members to the Rajya
Sabha have been adopted from the Irish Constitution. The procedure of constitutional amendment has a
similarity with that of South Africa. The ideological portion, namely, the Preamble, has been inspired by
the leading principles of the American and French Revolutions.

Following are the borrowed features of constitution from different countries.

• Nominal Head President (like Queen)

• Cabinet System of Ministers Post

• of PM

• Parliamentary Type of Govt.

From U.K.
• Bicameral Parliament

• Lower House more powerful

• Council of Ministers responsible to Lowe House

• Speaker in Lok Sabha

• Written Constitution

• Executive head of state known as President and his being the

Supreme Commander of the Armed Forces

From U.S. • Vice- President as the ex-officio Chairman of Rajya Sabha

• Fundamental Rights

• Supreme Court

Page 32 of 60

Compiled by Rahul Kumar Singh

 • Provision of States

• Independence of Judiciary and judicial review

• Preamble
• Removal of Supreme court and High court Judges

• Fundamental Duties
From USSR
• Five year Plan

• Concurrent list

From AUSTRALIA • Language of the preamble

• Provision regarding trade, commerce and intercourse

From JAPAN • Law on which the Supreme Court function

From WEIMAR CONSTITUION • Suspension of Fundamental Rights during the emergency

OF GERMANY

From CANADA • Scheme of federation with a strong centre

• Distribution of powers between centre and the states and

placing. Residuary Powers with the centre

• Concept of Directive Principles of States Policy(Ireland borrowed

it from SPAIN)

From IRELAND • Method of election of President

• Nomination of members in the Rajya Sabha by the President

Salient features of Indian Constitution

The Constitution of India has some distinct and unique features as compared to other constitutions to
the world. As Dr. B.R. Ambedkar, the Chairman of the Drafting Committee puts it, the framers had tried
to accumulate and accommodate the best features of other constitutions, keeping in view the peculiar
problems and needs of our country.

Page 33 of 60

Compiled by Rahul Kumar Singh

The following are the salient features of the Constitution of India.

1. Longest written constitution: Indian Constitution can be called the largest written constitution in the
world because of its contents. In its original form, it consisted of 395 Articles and 8 Schedules to which
additions have been made through subsequent amendments. At present it contains 395 Articles and 12
Schedules, and more than 80 amendments. There are various factors responsible for the long size of
the constitution. One major factors was that the framers of the constitution borrowed provisions form
several sources and several other constitutions of the world.

They have followed and reproduced the Government of India Act 1935 in providing matters of
administrative detail. Secondly, it was necessary to make provisions for peculiar problems of India like
scheduled castes, Scheduled Tribes and backward regions. Thirdly, provisions were made for elaborate
centre-state relations in all aspects of their administrative and other activities. Fourthly, the size of the
constitution became bulky, as provisions regarding the state administration were also included.
Further, a detail list of individual rights, directive principles of state policy and the details of
administration procedure were laid down to make the Constitution clear and unambiguous for the
ordinary citizen. Thus, the Constitution of India became an exhaustive and lengthy one.

(2) Partly Rigid and Partly Flexible: The Constitution of India is neither purely rigid nor purely flexible.
There is a harmonious blend of rigidity and flexibility. Some parts of the Constitution can be amended
by the ordinary law-making process by Parliament. Certain provisions can be amended, only when a Bill
for that purpose is passed in each house of Parliament by a majority of the total membership of that
house and. by a majority of not less than two-third of the members of that house present and voting.
Then there are certain other provisions which can be amended by the second method described above
and are ratified by the legislatures of not less than one-half of the states before being presented to the
President for his assent. It must also be noted that the power to initiate bills for amendment lies in
Parliament alone, and not in the state legislatures.

Pundit Nehru expressed in the Constituent Assembly, "While we want the Constitution to be as solid
and permanent as we can make it, there is no permanence in Constitution. There should be certain
flexibility. If you make anything rigid and permanent, you stop the nation’s growth, the growth of a
living, vital organic people."

3) A Democratic Republic: India is a democratic republic. It means that sovereignty rests with the people
of India. They govern themselves through their representatives elected on the basis of universal adult
franchise. The President of India, the highest official of the state is elected for a fixed term. Although,
India is a sovereign republic, yet it continues to be a member of the Commonwealth of Nations with the
British Monarch as its head. Her membership of the Commonwealth does not compromise her position
as a sovereign republic. The commonwealth is an association of free and independent nations. The British
Monarch is only a symbolic head of that association.

4) Parliamentary System of Government: India has adopted the Parliamentary system as found in
Britain. In this system, the executive is responsible to the legislature, and remains in power only as long
and it enjoys the confidence of the legislature. The president of India, who remains in office for five years
is the nominal, titular or constitutional head. The Union Council of Ministers with the Prime Minister as
its head is drawn from the legislature. It is collectively responsible to the House of People (Lok Sabha),

Page 34 of 60

Compiled by Rahul Kumar Singh

and has to resign as soon as it loses the confidence of that house. The President, the nominal executive
shall exercise his powers according to the advice of the Union Council of Ministers, the real executive. In
the states also, the government is Parliamentary in nature.

5) A Federation: Article 1 of the Constitution of India says: - "India, that is Bharat shall be a Union of
States." Though the word 'Federation' is not used, the government is federal. A state is federal when (a)
there are two sets of governments and there is distribution of powers between the two, (b) there is a
written constitution, which is the supreme law of the land and (c) there is an independent judiciary to
interpret the constitution and settle disputes between the centre and the states. All these features are
present in India. There are two sets of government, one at the centre, the other at state level and the
distribution of powers between them is quite detailed in our Constitution. The Constitution of India is
written and the supreme law of the land. At the apex of single integrated judicial system, stands the
Supreme Court which is independent from the control of the executive and the legislature.

But in spite of all these essential features of a federation, Indian Constitution has an unmistakable
unitary tendency. While other federations like U.S.A. provide for dual citizenship, the India Constitution
provides for single citizenship. There is also a single integrated judiciary for the whole country. The
provision of All India Services, like the Indian Administrative Service, the India Police Service, and Indian
Forest Service prove another unitary feature. Members of these services are recruited by the Union
Public Service Commission on an All-India basis. Because these services are controlled by Union
Government, to some extent this constitutes a constraint on the autonomy of states.

A significant unitary feature is the Emergency provisions in the Indian constitution. During the time of
emergency, the Union Government becomes most powerful and the Union Parliament acquires the
power of making laws for the states. The Governor placed as the constitutional head of the state, acts
as the agent of the centre and is intended to safeguard the interests of the centre. These provisions
reveal the centralising tendency of our federation.

Prof: K.C. Wheare has rightly remarked that Indian Constitution provides, "a system of government
which is quasi-federal, a unitary state with the subsidiary unitary features". The framers of the
constitution expressed clearly that there exists the harmony of federalism and the unitarism. Dr.
Ambedkar said, "The political system adopted in the Constitution could be both unitary as well as
federal according to the requirement of time and circumstances". We can say that India has a
"Cooperative federalism" with central guidance and state compliance.

6) Fundamental Rights: A state is known by the rights it maintains", remarked Prof. H.J. Laski. The
constitution of India affirms the basic principle that every individual is entitled to enjoy certain basic
rights and part III of the Constitution deals with those rights which are known as fundamental rights.
Originally there were seven categories of rights, but now they are six in number. They are (i) Right to
equality, (ii) Right to freedom, (iii) Right against exploitation, (iv) Right to freedom of Religion, v)
Cultural and Educational rights and vi) Right to constitutional remedies. Right to property (Article-31)
originally a fundamental right has been omitted by the 44th Amendment Act. 1978. It is now a legal
right.

These fundamental rights are justifiable and the individual can move the higher judiciary, that is the
Supreme Court or the High Courts, if there is an encroachment on any of these rights. The right to

Page 35 of 60

Compiled by Rahul Kumar Singh

move to the Supreme Court straight for the enforcement of fundamental rights has been guaranteed
under Article 32 (Right to Constitutional Remedies). However, fundamental rights in India are not
absolute. Reasonable restrictions can be imposed keeping in view the security-requirements of the
state.

7) Directive Principles of State Policy: A novel feature of the Constitution is that it contains a chapter in
the Directive Principles of State Policy. These principles are in the nature of directives to the government
to implement them for establishing social and economic democracy in the country.

It embodies important principles like adequate means to livelihood, equal pay for both men and
women, distribution of wealth so as to sub serve the common good, free and compulsory primary
education, right to work, public assistance in case of old age, unemployment, sickness and disablement,
the organisation of village Panchayats, special care to the economically back ward sections of the
people etc. Most of these principles could help in making India welfare state. Though not justifiable.
These principles have been stated a; "fundamental in the governance of the country".

8) Fundamental Duties: A new part IV (A) after the Directive Principles of State Policy was incorporated
in the constitution by the 42nd Amendment, 1976 for fundaments duties. These duties are:

i) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National

Anthem; ii) To cherish and follow the noble ideals, which inspired our national struggle for freedom; iii)

To uphold and protect the sovereignty, unity and integrity of India; iv) To defend the country and

render national service when called upon to do so;

v) to promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic, regional or sectional diversities, to renounce practices derogatory to
the dignity of woman; vi) to value and preserve the rich heritage of our composite culture;

vii) to protect and improve the natural environments including forests, lakes, rivers and wild life and to
have compassion for living creatures; viii) to develop scientific temper, humanism and the spirit of
inquiry and reform; ix) to safeguard public property and to abjure violence;

x) to strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of Endeavour and achievement.

The purpose of incorporating these duties in the Constitution is just to remind the people that while
enjoying their right as citizens, should also perform their duties for rights and duties are correlative.

9) Secular State: A secular state is neither religious nor irreligious, or anti-religious. Rather it is quite
neutral in matters of religion. India being a land of many religions, the founding fathers of the
Constitution thought it proper to make it a secular state. India is a secular state, because it makes no
discrimination between individuals on the basis of religion. Neither it encourages nor discourages any

Page 36 of 60

Compiled by Rahul Kumar Singh

 religion. On the contrary, right to freedom of religion is ensured in the Constitution and people belonging
to any religious group have the right to profess, practice or propagate any religion they like.

10) An Independent Judiciary: The judiciary occupies an important place in our Constitution and
it is also made independent of the legislature and the executive. The Supreme Court of India stands at
the apex of single integrated judicial system. It acts as protector of fundamental rights of Indian citizens
and guardian of the Constitution. If any law passed by the legislature or action taken by the executive
contravenes the provisions of the Constitution, they can be declared as null and void by the Supreme
Court. Thus, it has the power of judicial review. But judicial review in India constitutes a middle path
between the American judicial supremacy in one hand and British Parliamentary supremacy in the other.

11) Single Citizenship: The Constitution of India recognises only single citizenship. In the United
States, there is provision of dual citizenship. In India, we are citizens of India only, not of the respective
states to which we belong. This provision would help in promoting unity and integrity of the nation.

Q. Briefly discuss about the Panchayat raj system in West Bengal. What do you know about the
municipal governance and Panchayat system of West Bengal?

Panchayat Raj System In West Bengal

The Panchayati Raj System is the most successful scheme in the State of West Bengal. The very concept
of Panchayati Raj have inspired the rural people to take more active role in village administration which
is the real object of the very concept of democratic decentralization.

The old conception of Panchayat has recently been changed by the introduction of a new term
Panchayati Raj instead of the word Panchayat. The term Panchayat denoted the rural self-government
system. But the term Panchayati Raj does not confine itself in the narrow ranges of rural self-
government scheme; instead it now means all the local self- government structure that encompasses all
stages of administration from the rural to the district level.

Thus the Present Panchayati Raj system speaks of all the local self-government institutes and systems
from the rural to district level though the aim and objective of such system remains unchanged from
that what the earlier Panchayats had cherished. Like the old Panchayat system the new Panchayati Raj
also tries to give the rural people the taste of administering their own affairs.

Following the Balwant Raj Mehata Committee recommendation as approved by the government of
India, the government of West Bengal had introduced the Panchayati Raj system in West Bengal by the
Panchayat Act of 1957. Though West Bengal had accepted the ideal of Panchayati Raj, it had not
followed the structure that the other states of India had taken. Thus when there was the three-tier local
self-government system was introduced all over India, in West Bengal it was a four-tier system—the
Gram Panchayat, Panchayat Samiti, Anchalik Parishad and Zilla Parishad.

Page 37 of 60

Compiled by Rahul Kumar Singh

However, by the Panchayat Act of 1973 West Bengal Government had introduced the three-tier system
as was recommended by the Balwant Raj Mehta Committee and extinguished the Anchalik Parishad.
Thus the present local self-government structure of India stands as— Gram Panchayat, Panchayat Samiti
and Zilla Parishad. These three-tiers are set from bottom to top and shapes like a pyramid.

Both 1957 Panchayat Act and 1973 Panchayat Act has some inherent weaknesses. In 1973 Panchayat
Act the first elected Panchayat was given three types of responsibilities—the local or compulsory duties,
the optional duties and the delegated duties. It was assumed that until the Panchayats become
selfsufficient in every respect, it should try to perform its own works as well as should try to create
resources by implementing the projects that the government might delegate to it. But both the 1957
and 1973 Acts were not sufficiently able to implement the political concept of the Panchayat into reality
which was indeed the main objective of the local self-government institution and system.

It was realized that the mere giving of some powers in the three respective tiers of Panchayat system,
cannot fully materialize the concept of democratic decentralization of power, rather each of these tiers
should be made a trustworthy and self-sufficient units of local self-government. With this understanding
the Left Front Government of West Bengal had amended the Panchayat Act of 1973 in 1983. In order to
make this new Act of 1983 more democratic and self-sufficient provisions were made to make the
Panchayat members submit the records of activities twice a year before the people. The tenure of office
of the Panchayat was also extended from 4 to 5 years. The Panchayat was also made a party, Integrated
Rural Development Project (IRDP) and other developmental activities. It was also given power to
distribute lands and materialize the operation Barga as well as some financial powers like the levy and
extraction of taxes and duties for creation of its own resources.

To make the Panchayat Act more powerful and democratic one, the West Bengal Government made
further amendments of the Panchayat Act in 1992-93. For the first time, in this Act 1/3rd seats and posts
of the total seats in each of the three-tiers, the Village Panchayat, the Panchayat Samiti and the Zilla
Parishad, were kept reserved for the women and seats were also kept reserved for the Schedule Caste
and Schedule Tribes in proportion of their population. In each tier of the Panchayati Raj the
responsibilities were distributed among the members on the basis of their departments. The income
avenues and sources were also increased to make the Panchayati Raj financially self-sufficient. Audit
system was strengthened to put proper checking’s on financial corruption and misuses. Arrangements
were made to compel the Panchayat to submit reports twice a year so that they might remain
responsible for their economic and administrative functions, Arrangements were also made to review
the income and expenditure made by the Panchayats in each tier and arrange the amount of the grants-
in-aid by the government. It was also made obligatory that the election of the Panchayats in each of the
tiers would be held after every five years time. Moreover, excepting the Village Panchayat, the
Sabhapati and the Saha-Sabhapati of the Panchayat Samiti and the Sabhadipati and the SahaSabhadipati
of the Zilla Parishad were made full time salaried employees.

In fact, the Panchayat Act of 1992 was a refined and modified shape of the Panchayat Acts of 1973 and
1983. Like the other two previous Acts its main object was to introduce democratic decentralization
properly and to make the local self-government system more useful as well as to spread the various
development activities of the government into the remote villages as well. The Panchayat Act of 1983
had taken pledge to spread democracy at the grass roots level and also to empower the Panchayat with

Page 38 of 60

Compiled by Rahul Kumar Singh

all necessary rights and responsibilities to become self-sufficient. The Panchayat Amendment Act of
West Bengal of 1992 tried to make that pledge more powerful and consolidated.

Experts have opined that the West Bengal Amended Panchayat Act of 1992 will surely bring a motion in
the activities of all the three-tiers of the Panchayati Raj and make them dynamic. In fact the Village
Panchayat has been given those powers which made it more autonomous and self- sufficient. It has
been said that the number of members of the Village Panchayat should be between five and twentyfive.
One-third of the total seats should be kept reserved for the women and likewise seats are kept reserved
for the Schedule Caste and Schedule Tribes in proportion to their population. No member of the
Panchayat Samiti can become the Pradhan or Upa-Pradhan of the Village Panchayat. The Pradhan or
Upa-Pradhans must not be salaried posts. The Village Panchayat will have to submit twice a year their
projects, plans and recommendations to the Village Samsads constituted with the electors of each area.
In each village there will be a Gram Sabha constituted with the voters of that village who will discuss on
all the subjects in the agenda of the Village Samshad and give its own recommendations. The subjects
like education, health, village development, production and distribution of foods etc. have been made
the Village Panchayat responsible both economically and from the administrative point of view
arrangements have been made to prepare the audit reports and examine them and to put other
necessary checks thereof. The new Act has also empowered the Panchayat to arrange and increase its
own resources and income.

The new Act of 1993 has also increased rather changed the activities of the Panchayat Samiti. Now the
West Bengal Panchayat Samiti has become more responsible in almost every aspects of development
like making plans for comprehensive and consolidated urbanization, its implementation and giving final
approval in cases of house building etc, to enquire and supervise the activities and advancement of the
Village Panchayats; to establish standing committees under the approval of the State Government; to
look after the health centers, schools and water supply system under its area; to send its representatives
to the executive committees of the banks and other financial funding agencies. These are all the new
responsibilities of the Panchayat Samiti.

The New Panchayat Act, 1993, however, has tried to bring speed in the activities of the Zilla Parishad.
The Zilla Parishad is the apex of the entire Panchayat system. Its powers have been increased
enormously. It has been given special power to look into the affairs like education, public health, water
supply, making projects and implementing it; to look after and control the activities of the Panchayat
Samiti; to collect independently funds and resources; to supervise and control the Village Panchayats
etc. The number of its standing committees has been increased from 7 to 11 so that with their
assistance the Zilla Parishad can look after on all the aspects like finance, public health, education,
agriculture, cottage industry, preservation of forests, food supply, electricity, environment, transport
and communication, information and sports etc.

Thus it is a fact that the new constitutional Amendment Act of 1992 has lessened the control of the
state government on our Panchayati Raj System than what were there in the past. However the state
government has retained the power of acquisition of any Panchayat on the charge of corruption or
misappropriation of funds and misuse of power. It can cancel or suspend a definite Panchayat on any of
the above charges. But the Government will have to use this power very carefully. In order to exert the
governmental control over the corruption, malappropriation of money etc. greater importance has been
given to the creation of Finance Commission and the employment of Audit and Account’s Officer.

Page 39 of 60

Compiled by Rahul Kumar Singh

Municipal Governance
In India, for the administration of urban areas, several types of municipal bodies are created for the
towns and cities, depending on their size, population, industrial or other importance etc. These bodies
are:

1. Municipal Corporation

2. Municipal Council/Committee/Municipality

3. Notified Area Committee

4. Town Area Committee

These local bodies do not exist in all the states and union territories strictly in order of hierarchy. For
instance, Rajasthan until very recently did not have any municipal corporation.

Only in 1992, the state government, through legislation, provided for the creation of municipal
corporations for Jaipur, Jodhpur and Kota, elections for which are yet to be held. Delhi already has a
municipal corporation. Similarly, several other variations regarding these bodies may exist.

A brief description of each is given below. Relevant provisions of the 74th Amendment Act, 1992 have
also been given at the appropriate places. They apply to both Municipal Corporation and municipal
council/committee/municipality. Urban Local Self-Government

Following the 74th Constitutional Amendment Act, 1992, Urban Local Self-Government in India has been
classified into three types - Municipal Corporations, Municipalities and Nagar Panchayats.

(I) municipal corporation

Municipal corporations are set up only in big cities. The 74th Amendment Act provides that the areas for
different types of urban bodies would be specified by the Governor of the state, taking into account the
population, density of the population therein, revenue generated by the local body, percentage of
employment has a statutory status as it is created by an Act on the state legislature or of the Parliament
in case of a union territory.

At times, an Act like the Madras City Corporations Act of 1951, which created the Madras Corporation,
exclusively sets up a single corporation.

The U.P Mahan agar Palika Adhiniyam represents the other model, 1959, which was a general Act,
passed for the creation of municipal corporations in Kanpur, Agra, Varanasi, Allahabad and Lucknow
(KAVAL).

The municipal corporation is a popular body that provides representation to local people. Most of its
members are directly elected on the basis of adult franchise. It does not have a sovereign status or
inherent powers.

Page 40 of 60

Compiled by Rahul Kumar Singh

It exercises only those functions, which are allocated to it by the state government. An important
feature of a corporation is that there is a statutory separation of the legislative (or the deliberative) wing
and the executive wing.

The Mayor heads the council of a corporation and its standing committees constitute the deliberative
wing, which takes decisions.

The Municipal Commissioner is the executive authority, responsible for enforcing these decisions.
Collectively, the council, headed by the Mayor, the standing committees and the Municipal
Commissioner make up the corporation.

The council of the corporation consists of councilors who function for a period of five years. The
composition of the municipal bodies has also undergone a change after the Constitution 74th
Amendment Act.

It lays down that all the seats shall be filled by direct elections for which the municipal area would be
divided into wards. Each seat shall represent a ward in the municipality.

Apart from the seats filled by direct elections, some seats may be filled by nominations of persons
having special knowledge or experience of municipal administration, but such members would not enjoy
any voting right. Besides the members of Parliament and of the state legislature will also be voting
members in a municipality.

The Act also gives details regarding the reservation of seats for SC/ST, women and backward classes.

The proportion of seats to be reserved for SC/ST to the total number of seats reserved for SC/ST, shall
be reserved for women belonging to SC/ST. Not less than one-third of the total seats in the municipal
body will be reserved for women. (This is inclusive of the seats to be reserved for women belonging to
SC/ST).

An optional provision for a state legislature is that it can provide for adequate representation of SC/ST
and women in relation to the office of chairperson of the municipality.

The Constitution 74th Amendment Act does not specify the manner and procedure of election of the
chairperson. It has been left to the state legislature. It may either be by direct elections or from amongst
the elected members of the municipality concerned.

Presently, the chairperson in a corporation is the Mayor, who is supported by a Deputy Mayor. The
Mayor is elected in most of the states generally for a one-year renewable term. He can be removed
from his office by a no-confidence motion of the council. He is the "first citizen" of the city but is not the
real executive.

The Mayor presides over the meetings of the council. In some states, he is authorized to constitute
committees, make appointments to the lower grade positions, supervise and inspect the working of
various units and represent the corporation on national and social occasions. As the size of a
corporation is generally large, several committees are set up to facilitate its working.

The committees such as those dealing with finance, public works etc., are almost common to all the
corporations. More committees can be set up as per the felt needs of the corporation.

Page 41 of 60

Compiled by Rahul Kumar Singh

The Municipal Commissioner is the chief executive officer of the corporation. He is at the apex of the
municipal hierarchy and is the key officer controlling the administrative machinery of the corporation.

The state government appoints him. In the case of a union territory, the Central government makes the
appointment. Generally, officers belonging to the Indian Administrative Service are appointed to this
post, though, at the state level, even a state service officer may be appointed.

Since a municipal commissioner is the pivot of municipal administration, he performs varied tasks. He
executes or implements the decisions of the council and its committees. All municipal records are in his
custody; he prepares the budget estimates, makes appointments to certain categories of posts and can
enter into contracts not exceeding Rs. 25,000 on behalf of the corporation.

Functions

Municipal bodies are performing the traditional civic functions of municipalities. However the 74th
Constitution Amendment lies down those municipalities would go beyond the mere provisions of civic
amenities. Now, they are expected to play a crucial role in the formulation of plans for local
development and the implementation of development projects and programmes, including those
specially designed for urban poverty alleviation.

An illustrative list of functions that may be entrusted to the municipalities has been incorporated as the
Twelfth Schedule of Constitution. A state legislature would be free to select from this list or add to this
list while stipulating the functions to be performed by municipalities.

The list of functions that has been laid down in the Twelfth Schedule is as follows:

1. Urban planning, including town planning.

2. Regulation of land use and construction of buildings.

3. Planning for economic and social development.

4. Roads and bridges.

5. Water supply for domestic, industrial and commercial purposes.

6. Public health, sanitation, conservancy and solid waste management.

7. Fire services.

8. Urban forestry, protection of the environment and promotion of ecological aspects.

9. Safeguarding the interests of weaker sections of society, including the handicapped and the mentally
retarded.

10. Slum improvement and up gradation.

11. Urban poverty alleviation.

12. Provision of urban amenities and facilities such as parks, gardens, playgrounds.

Page 42 of 60

Compiled by Rahul Kumar Singh

13. Promotion of cultural, educational and aesthetic aspects.

14. Burials and burial grounds; cremations, cremation grounds and electric crematoriums.

15. Cattle ponds; prevention of cruelty to animals.

16. Vital statistics including registration of births and deaths.

17. Public amenities, including street lighting, parking lots, bus stops and public conveniences.

18. Regulation of slaughterhouses and tanneries.

(II) Municipal council/committee/municipality

A municipal council is statutory body created by an Act of the state legislature and the criteria for setting
it up vary from state to state. Broadly, these are: population, size, sources of income,
industrial/commercial future and prospects of the city. Even within a state, the criteria may differ.

A city, which is industrially advanced, may have a municipality despite its low population. The size of a
municipality is determined by the state government, but the minimum number of councilors should be
five.

The size increases with the increase in population. Their tenure, under the Constitution 74th
Amendment Act, 1992 is five years.

A municipal council consists elected, co-opted and associate members. For the elected seats, elections
are held on the basis of adult suffrage and secret ballot and for which purpose; the city is divided into
wards.

Seats are reserved for SC/ST, women and backward classes. Nominated members and, members with
voting rights are the same as for the municipal corporation.

The councilors can be removed by the municipal council, by the citizens of the ward or by the state
government, according to the prescribed procedure.

In order to lessen the workload of the council, several sub-committees are set such as the Ward
Committee to manage the affairs of a ward and committees dealing with subjects like buildings,
vehicles, works, finance, lease etc.

The municipal council elects, from amongst its members, a President for a period of five years. The
council also elects one or two Vice-Presidents-one senior and one junior-who are removable by the
council itself.

The President plays a pivotal role in municipal administration and enjoys real deliberative and executive
powers. He presides over the meetings of the council, guides the deliberations and gets the decisions
implemented.

He is the administrative head of all the officers of the municipality, is the custodian of municipal records,
approves all financial matters before they are placed in the council and represents the council on
national and social occasions.

Page 43 of 60

Compiled by Rahul Kumar Singh

He enjoys special extraordinary powers, under which he can order the immediate execution or
suspension of any work.

The state government also appoints an Executive Officer in the municipal council for the conduct of
general administrative work.

He exercises general control and supervision over the municipal office, can transfer clerical employees,
prepares the municipal budget, keeps an eye on expenditure, is responsible for the collection of taxes
and fees and takes measures for recovering municipal arrears and dues. He can be removed by the
council or by the state government.

As already pointed out, the functions of the municipal council are broadly similar to those of a municipal
corporation. When a city having a municipal council is given a municipal corporation, the latter takes up
the functions of the former.

Given below are a few remaining provisions of the 74th Amendment Act which apply to municipal
bodies and a few that apply to Notified Area Committees (NAC) and Town Area Committees (TAC).

(iii) Notified area committee (NAC)

The Notified Area Committee is set up for an area which does not yet fulfil all the conditions necessary
for the constitution of a municipality but which the state government otherwise considers important.
Generally, it is created in an area which is fast developing and where new industries are being setup.

It is not created by statute but by a notification in the government gazette and, hence, the name
'notified area'.

The state government constitutes a committee called the Notified Area Committee (NAC) to administer
this area. All the members of this committee are nominated by the state government and there are no
elected members.

Its chairman is also appointed by the state government. The criteria for establishing this committee
differ from state to state. For instance, in Punjab, an NAC can be set up, if the population of the area is
10,000 or above.

In Rajasthan, places of tourist attraction such as Pushkar and Mount Abu were, until recently, notified
areas. As all the members of the NAC are appointed by the government, it is clearly a violation of the
democratic principle.

In a number of states, there are demands for abolishing these committees and setting up municipalities
in their place so that the local people can solve their problems themselves.

(Iv) Town area committee (TAC)

It is a semi-municipal authority, constituted for small towns. Such committees exist in several states, but
Uttar Pradesh has the largest number of such committees.

The TAC is constituted and governed by an Act of the state legislature and its composition and functions
are specified in it. Its membership differs from state to state.

Page 44 of 60

Compiled by Rahul Kumar Singh

 The committee may be partly elected, partly nominated or wholly elected or wholly nominated. The
committee is assigned a limited number of functions, such as street lighting, drainage, roads,
conservancy etc.

The District Collector, in some states, has been given control and powers of surveillance over a TAC.
Following the recommendations of the Rural Urban Relationship Committee (1966) that the smaller
TACs be merged with the Panchayat Raj bodies, lately, Madhya Pradesh and Haryana have merged their
TACs with Panchayati Raj institutions.

Q. Discuss the composition of election Commission. What are the functions of Election Commission?

One of the most important and critical contribution of the Indian constitution to the organization and
functioning of democratic governments particularly in the newly independent state was the provision
for an election commission in India.

Election Commission is responsible for fair conduct of electoral processes during elections in India.

As Pandit H. N. Kunzru remarked “If the electoral machinery is defective or is not efficient or is worked
by the people whose integrity cannot be depended upon, democracy will be poisoned at the source.”

The Articles 324 to 392 A in Part XV of Indian Constitution contain provisions relating to Elections.

Composition of the Election Commission in India

Article 324 of the Indian constitution provides for the Election commission and its composition. This
Article says that the election commission in India shall consist of

• a Chief Election Commissioner and

• such other Commissioners as the President may from time to time fix.

Ever since Mr. Sukumar Sen was appointed Chief Election Commissioner by Dr. Rajendra Prasad India’s
first President. The Election Commission remained a single member body until early 90’s, when along
with Mr. T. N. Sheshan as Chief Election Commissioner, Mr. G. S. Gill and Mr. K. V. Krishna Murthi were
appointed as Election Commissioners for the first time. Thus, the election commission in India became a
multi-member body.

Elections are of vital importance to the functioning of democracy in India. Article 324 of the constitution
of India says that superintendent’s direction and control of the preparation of electoral rolls, the
conduct of elections of the President, both Houses of the parliament and state legislature shall be
vested in the election commission of India. The Indian constitution says that the election commission in
India shall consist of the Chief Election Commissioner and such other commissioners as the President
may deem fit. The President may also appoint regional commissioners to assist the election commission
in the performance of its functions. Except in 1952 before the first General election when two regional
commissioners were appointed, such regional commissioner has never been appointed. Instead there is
a deputy election commissioner.

Page 45 of 60

Compiled by Rahul Kumar Singh

 The election commissioners in India are not only appointed by the President, their conditions of service
and tenure of office is determined by the President. They can be removed only through the process
through which a judge may be removed. Their condition of service cannot be varied during their tenure
of office to their disadvantage. These are aimed that making the election commission in India function
impartially.

Over the years an electoral apparatus have been built up in India. Functioning under the election
commission there is a Chief Electoral Officer in each state, below the electoral officer there are the
electoral registration officers and at the next lower level there are the Presiding Officers and Polling
Officers. All these officers are drawn from the cadres of state government’s employees.

Powers and Functions

• To determine the territorial constituencies of all over India as per recent Delimitation act of the
Parliament.

• To control preparation of electoral rolls and revised it time to time and register new voters.

• To notify dates and schedules of elections.

• To register and recognize political parties, grant them status of national or state parties after poll results
and allocate symbols to parties.

• To determine the Code of Conduct (Aachar Sanhita) to be abide by political parties and candidates at
time of elections. Also determine comprehensive policy for Media at time of elections such as ban on exit
polls until election of all phases or states have been completed.

• To advise President and Governor on matters related to post election disqualifications of sitting MPs and
MLAs. The advice of Election Commission is binding on President or Governor as case may be.

• In the cases of persons found guilty of corrupt practices at elections which come before the Supreme
Court and High Courts are also referred to the Commission for its opinion on the question as to whether
such person shall be disqualified and, if so, for what period. The opinion is again binding on SC or HC or
President as case may be.

• To advise President for new necessary staff and regarding election in a state where President Rule is
continuing.

• To cancel polls in event of rigging, booth capturing, violence and other irregularities. • Quasi

Judicial Functions –

o The Election Commission act as court for settling disputes regarding recognition of political parties and
allotted symbols and appoint officers to inquire into disputes relating to electoral arrangements.

o The Election Commission has the power to disqualify a candidate who has failed to lodge an account of
his election expenses within the time and in the manner prescribed by law.

Page 46 of 60

Compiled by Rahul Kumar Singh

o The Election Commission has also the power for removing or reducing the period of such disqualification
as also other disqualification under the law.

Miscellaneous

• Security of Tenure – The office of CEC is provided with the security of tenure. He can’t be removed from
office except on same grounds as a judge of the SC. It means that resolution (can be initiated only on
ground of Proved misbehaviour or incapacity) related to CEC removal should be passed by special majority
(more than 2/3rd present and voting) in both houses of the Parliament.

• The conditions of service of CEC shall not be varied to his disadvantage after his appointment.

• The other commissioners can’t be removed from office except on the recommendations of the CEC.

• The Constitution has not prescribed any qualifications for the members of Election Commission and
nothing is specified regarding minimum number of members.

• The Parliament is authorized to make laws regarding all matters related to elections, preparation rolls and
delimitation of constituencies. The any law relating to delimitation and allotment of seats can’t be
questioned in any court of law.

Page 47 of 60

Compiled by Rahul Kumar Singh

 TOWARDS PARLIAMENTARIASM
Q. How many Round Table Conference were held and with what results ? What is White
Paper and how far was it significant? What was its indirect result?

First Round Table conference

When did the First Round Table conference held: On 12th November, 1930 the British Government
convened the first Round Table Conference in London under Ramsay Macdonald’s own chairmanship.

Did the Congress participated in the first conference: No, the First Round Table Conference was
boycotted by the Congress. The other Indian members and representatives of the Indian Princes agreed
that an Indian Federation including the Native States should be formed with a parliamentary system of
Government. Dominion Status with the Cabinet from of executive based on collective responsibility
was acceptable to the conference.

Result of the first conference: Soon after, members of the Congress Working Committee who were in
prison were released, when the Round Table Conference delegates arrived back in India. Tej Bahadur
Sapru met Gandhiji and prevailed on him to meet Lord Irwin and negotiate a settlement in the name of
the Congress.

Second Round Table Conference

After the failure of First Round Table Conference efforts were made by the Government to make an
agreements the congress so that it would attend the next Round Table Conference. The Viceroy, Lord
Irwin, was authorised to hold talks with Mahatma Gandhi. Finally, Gandhi and Irwin reached an
agreement on 5 March 1931.

The agreement is called Gandhi-Irwin pact. By this pact Government agreed to release most of civil
disobedience volunteers, against whom there was no allegation of violence. The Congress suspended
the Civil Disobedience Movement and agreed to participate in the second Round Table Conference.

The Second Round Table Conference was held in London in September 1931. Gandhi went to England
to attend it along with Sarojini Naidu, Mahadev Desai, G.D. Birla and Madan Mohan Malavya. He
powerfully advocated for the immediate grant of Dominion status to India which was refused. This led
to the failure of the Second Round Table Conference. Moreover, Gandhi discovered how the British
wanted to apply "divide and rule" policy through their proposed constitution. On his return Gandhi
resumed the Civil Disobedience movement in 1932.

When the Civil Disobedience movement was resumed, the Government took stern measures to
suppress it. The new Viceroy, Lord Willingdon was determined to crush it. The Congress was declared
an illegal body and special ordinances were made to arrest the Satyagrahis. Gandhi and many other
Congress leaders were arrested in January 1932. Over a lakh of Satyagrahis were jailed and the
properties of some of them were confiscated.

Page 48 of 60

Compiled by Rahul Kumar Singh

In August 1932, the Government announced the communal Award which provided separate electorates
for Muslims, Sikhs and depressed classes. Gandhi strongly opposed the order by undertaking a fast
unto death in the Yeravada Jail. The nation was shocked at Gandhi's decision. The leaders immediately
negotiated with the representatives of the backward castes and compromise was affected.

It was agreed to reserve some seats of backward castes in the legislatures and they were to remain
together with the rest of the Hindus. There should be no separate electorates for them. The British
Government agreed to accept that formula and withdraw the communal Award. Gandhi broke the fast.
Credit went to B.R. Ambedkar, the leader of the depressed classes for such a fine settlement.

The arrest of the congress leaders and continued Government repression had adversely affected the
Civil Disobedience Movement. Gandhi suspended the movement in 1933 and finally withdrew it in May
1934.

Third Round Table Conference

The third session began on November 17, 1932. It was short and unimportant. The Congress was once
again absent, so was the Labor opposition in the British Parliament. Reports of the various committees
were scrutinized. The conference ended on December 25, 1932.

The recommendations of the Round Table Conferences were embodied in a White Paper. It was
published in March 1933, and debated in parliament directly afterwards, analyzed by the Joint Select
Committee and after the final reading and loyal assent, the bill reached the Statute Book on July 24,
1935.

White paper
White papers are policy documents produced by the Government that set out their proposals for
future legislation. White Papers are often published as Command Papers and may include a draft
version of a Bill that is being planned. This provides a basis for further consultation and discussion with
interested or affected groups and allows final changes to be made before a Bill is formally presented to
Parliament.

"White Paper" is produced by the Government that sets out its proposals for future legislation. A White
Paper is an authoritative report or guide informing its members in a concise manner about a complex
issue and presenting the issuing body's philosophy on the matter. White Papers have tried to perform
the dual role of presenting firm government policy preferences prior to the introduction of legislation;
while at the same time inviting opinions upon them as such, also the publication of a White Paper
serves to test the climate of public opinion regarding a controversial policy issue and enables the
government to gauge its probable impact. White Papers are often published as Command Papers and
may include a draft version of a Bill that is being planned. This provides a basis for further consultation
and discussion with interested or affected groups and allows final changes to be made before a Bill is
formally presented to Parliament.

Incidentally there are Green Papers too, which are consultation documents produced by the
Government. The aim of this document is to allow people both inside and outside Parliament
understand an issue, solve a problem, or make a decision and to give the department feedback on its

Page 49 of 60

Compiled by Rahul Kumar Singh

 policy or legislative proposals. By contrast to White Papers, these Green Papers, which are issued much
more frequently, are more open-ended and may merely propose a strategy to be implemented in the
details of other legislation or they may set out proposals on which the government wishes to obtain
public views and opinion. Copies of consultation documents such as Green Papers are available on the
related departmental websites.

Q. Write short notes on:

a. Jinnah’s fourteen points, b. Simon Commission, c. Bi-cameralism, d. Communal Award, e. Poona Pact,
f. Swaraj, g. Cabinet Mission.

JINNAH’S FOURTEEN POINTS

Muhammad Ali Jinnah after having left the Muslim League once again assumed the leadership of the
Muslim community in India.

The Muslim League under his leadership welcomed the Congress decision to boycot the Simon
Commission.

But in 1928 the Muslim politics took altogether a different turn when Muhammad Ali Jinnah refused to
accept the Nehru Report in an All parties' Conference.

Jinnah rejected the Nehru Report as he considered non-acceptance of his proposal by the Conference
an insult to the entire Muslim community of the country.

But the fact was that Jinnah's proposals were outvoted in the conference. The Muslim League, then
under the leadership of Jinnah, thereupon raised the famous 'Fourteen points' embodying the
minimum demands of the Muslim community in India.

The 'Fourteen Points'':

In a meeting of the Muslim League held in 1929 in Delhi Jinnah repudiating the Nehru Report
emphasized the need of a vigorous movement for the protection of the security and interests of the
Muslim community.

Jinnah also put forward his famous "Fourteen Points", which embodied among other things demand for
a separate electorate, reservation of seats for the Muslims in the Provincial Assemblies, etc.

Jinnah's Fourteen Points are as follows : (1) The future constitution of India should be federal in form.

(2) A uniform measure of autonomy should be enforced in all the Provinces.

(3) There should be adequate and effective representation of Minorities in every Province.

(4) In the Central Legislature the Muslim representation should not be less than one- third.

(5) Communal groups should be represented by means of separate electorates as at present.

Page 50 of 60

Compiled by Rahul Kumar Singh

(6) The territorial redistribution should not in any way affect the Muslim majority in the Punjab, Bengal
and North-West Frontier Province.

(7) Full religious and political liberty should be guaranteed to all communities.

(8) No Bill or resolution should be passed that might be injurious to any of the Minority communities.
(9) 3ind should be separated from the Bombay Presidency.

(10) Reforms should be introduced; in the North-West Frontier Province and Baluchistan on the
same line as in other Provinces.

(11) The 'Muslims should get an adequate share in the governmental services and local self-
governing bodies.

(12) The Constitution should include provisions adequately safeguarding the Muslim culture and
learning.

(13) In all the Provincial and Central Cabinets Muslim Ministers should be taken in at least in the
proportion of one-third, and (14) Any change in the Constitution should have the concurrence of the
Provincial Assemblies.

c. Impact of the Demands Raised by Jinnah:

The Fourteen-Point demands raised by Jinnah were, obviously, opposed to the national unity and it
may be said that the British could extend their rule in India taking advantage of the disunity among the
Indian people.

However, the communal approach of the Muslim League under the leadership of Jinnah affected the
contemporary Indian politics in two ways: a. From this time onwards communal riots broke out all over
the country, b. The Indian Muslim community came to be divided into two distinct groups, namely, the
nationalist and communal.

The few nationalist Muslims who were still associated with the Muslim League now came out to form
the 'Nationalist Muslim Party'.

The Nationalist Muslims actively participated in the Civil Disobedience Movement begun by Gandhiji in
1930.

Indeed, the Nationalist Muslim organizations like Ahrar Party, Momin Conference, the Khudai
Khidmudgar of Khan Abdul Gaffar Khan, etc. played an important role in the national struggle. In this
regard the contributions of Khan Abdul Gaffar Khan deserve special mention.

b. SIMON COMMISSION
• The Indian Statutory Commission , popularly known as the Simon Commission (after the name of
its chairman Sir John Simon),.was a group of seven British Members of Parliament of United
Kingdom that had been dispatched to India in 1928 to study constitutional reform and recommend

Page 51 of 60

Compiled by Rahul Kumar Singh

 to the Government.One of its members was Clement Attlee, who subsequently became the British
Prime Minister and eventually oversaw the granting of independence to India and Pakistan in 1947

• There was a chorus of protest by all Indians against the appointment of an all-white, seven
member Indian Statutory Commission,

• The Government of India Act 1919 had introduced the system of dyarchy to govern the provinces
of British India. However, the Indian public clamoured for revision of the difficult diarchy form of
government, and the Government of India Act 1919 itself stated that a commission would be
appointed after 10 years to investigate the progress of the governance scheme and suggest new
steps for reform.

• Although constitutional reforms were due only in 1929, the Conservative Government, then in
power in Britain, feared defeat by the Labour Party and thus did not want to leave the question
of the future of Britain’s most priced colony in “irresponsible Labour hands”.

• Hence, it appointed seven MPs (including Chairman Simon) to constitute the commission that had
been promised in 1919 that would look into the state of Indian constitutional affairs. The people
of the Indian subcontinent were outraged and insulted, as the Simon Commission, which was to
determine the future of India, did not include a single Indian member in it. The Indian National
Congress, at its December 1927 meeting in Madras (now Chennai), resolved to boycott the
Commission. A faction of the Muslim League, led by Mohammed Ali Jinnah, also decided to
boycott the Commission.

• The Conservative Secretary of State, Lord Birkenhead, who had constantly talked of the inability
of Indians to formulate a concrete scheme of constitutional reforms which had the support of
wide sections of Indian political opinion, was responsible for the appointment of the Simon
Commission.

• The Indian response against the commission was immediate and nearly unanimous. What angered
the Indians most was the exclusion of Indians from the commission and the basic notion behind
the exclusion that foreigners would discuss and decide upon India’s fitness for self-government.
This notion was seen as a violation of the principle of self- determination, and a deliberate insult
to the self-respect of Indians.

Parties’ Response:

• The Congress session in Madras (December 1927) meeting under the presidency of M.A. Ansari
decided to boycott the commission “at every stage and in every form”. Meanwhile Nehru
succeeded in getting a snap resolution passed at the session, declaring complete independence
as the goal of the Congress.

• Those who decided to support the Congress call of boycott included the Liberals of the Hindu
Mahasabha and the majority faction of the Muslim League under Jinnah.

Page 52 of 60

Compiled by Rahul Kumar Singh

 • Some others, such as the Unionists in Punjab and the Justice Party in the south, decided not to
boycott the commission.

Public Response:

• The commission landed in Bombay on February 3, 1928. On that day, a countrywide hartal was
organised and mass rallies held. Wherever the commission went, there were black flag
demonstrations, hartals and slogans of ‘Simon Go Back’.

• A significant feature of this upsurge was that a new generation of youth got their first taste of
political action. They played the most active part in the protest, giving it a militant flavour. The
youth leagues and conferences got a real fillip. Nehru and Subhash emerged as leaders of this new
wave of youth and students.

• Both travelled extensively, addressed and presided over conferences. This upsurge among the
youth also provided a fertile ground for the germination and spread of new radical ideas of
socialism reflected in the emergence of groups such as the Punjab Naujawan Bharat Sabha,
Workers’ and Peasants’ Parties and Hindustani Sewa Dal (Karnataka).

Police Repression:

• The police came down heavily on demonstrators; there were Lathi charges not sparing even the
senior leaders. Jawaharlal Nehru and G.B. Pant were beaten up in Lucknow.

• On October 30, 1928, the Simon Commission arrived in Lahore where, as with the rest of the
country, its arrival was met with massive amounts of protesters and black flags. The Lahore
protest was led by Indian nationalist Lala Lajpat Rai, who had moved a resolution against the
Commission in the Legislative Assembly of Punjab in February 1928. In order to make way for the
Commission, the local police force began beating protestors with their sticks. The police were
particularly brutal towards Lala Lajpat Rai, who died later on November 17, 1928.

Aftermath:

• The Commission published its report in May 1930. It proposed the abolition of dyarchy and the
establishment of representative government in the provinces. It also recommended that separate
communal electorates be retained, but only until tensions between Hindus and Muslims had died
down.

• In September 1928, ahead of the Commission’s release, Motilal Nehru presented his Nehru Report
to counter its charges that Indians could not find a constitutional consensus among themselves.
This report advocated that India be given dominion status of complete internal selfgovernment.

• Noting that educated Indians opposed the Commission and also that communal tensions had
increased instead of decreased, the British government opted for another method of dealing with
the constitutional issues of India. Before the publication of the report, the British government
stated that Indian opinion would henceforth be taken into account, and that the natural outcome

Page 53 of 60

Compiled by Rahul Kumar Singh

 of the constitutional process would be dominion status for India. The outcome of the Simon
Commission was the Government of India Act 1935, which established representative government
at the provincial level in India and is the basis of many parts of the Indian Constitution. In 1937
the first elections were held in the Provinces, resulting in Congress Governments being returned
in almost all Provinces.

Impact of Appointment of Simon Commission:

1. It gave a stimulus to radical forces demanding not just complete independence but major
socioeconomic reforms on socialist lines.

2. The challenge of Lord Birkenhead to Indian politicians to produce an agreed constitution was
accepted by various political sections, and thus prospects for Indian unity seemed bright at that
point of time.

c. BI-CAMERALISM

A bicameral system is a legislative system in which the power of law making is vested in two houses, or
chambers, both of which must approve a bill before it becomes law. There are a few general guidelines
by which most bicameral systems, including the United States, operate. The upper house, The Senate, is
made up of members selected on a territorial basis. Therefore, senators represent states, or other
political subdivisions instead of the people themselves. They also serve longer terms than members of
the lower house. The lower house, the House of Representatives, is composed of members selected
according to population. They serve shorter terms and have closer identification with the districts they
represent. This makes it much more possible for members to strongly reflect the existing mind of the
electorate. Throughout the world, national parliaments are about equally divided between bicameral
and unicameral systems.

The system of bicameral legislature is the correct barometer of public opinion. A single chamber may,
before the expiry of its term of office, grow out of tune and not keep in harmony with popular opinion.

It does not hold any verdict from the electorate on questions of public importance which the legislature
may be required to decide after the representatives have been elected. But this defect can be
conveniently remedied, if there are two chambers chosen at different times or for different terms.

There will be a constant flow of fresh public opinions under a bicameral system as the legislature reflects
the popular will at all times. The House of Representatives in the United States is elected for two years
whereas the Senate is elected for six years, one-third of its members retiring after every two years.

The House of the People (Lok Sabha) in India is elected for five years while the Council of States (Rajya
Sabha) is elected for six years, one-third members retiring after every two years.

The popular chamber in every democratic country is now flooded with work. Growth in the functions of
the State has made legislation numerous, complex and specialised. Consequently, there is so much rush

Page 54 of 60

Compiled by Rahul Kumar Singh

of work that one chamber cannot have sufficient time to devote and to fully deliberate upon all
measures.

Second chambers avoid congestion of business and relieve the popular chambers of many arduous
tasks, enabling them to concentrate on important measures.

Not only do non-controversial bills originate in the Upper Chamber and find an easier passage in the
Lower Chamber after having been fully discussed and put into well-considered shape, but it also usefully
does the examination and revision of bills after they have passed through all the stages in the Lower
Chamber.

This is now more needed since the time of the popular House is rationed and it is obliged almost on all
bills to act under special rules limiting debates, thereby curtailing the possibilities of free and full
discussion. Upper Chambers generally function under no such limitations.

Their membership being reasonably limited and consisting of the best brains of the country, veteran
statesmen and seasoned politicians with diverse experiences, there is intimate, practical and highly
intelligent discussion and criticism.

Moreover, a finished Act of Parliament must be word perfect. For if mistakes are made, the government
may be involved in administrative difficulties or confusion or it may place the community in grave
difficulties as a result of legally correct but unexpected and disturbing decisions of courts. The second
chamber is a valuable institution in this matter of spotting lack of clarity or doubtful matters of drafting.

Bicameralism provides a convenient means of giving representation to different classes and interests
and assures representation of minorities and for professional and vocational interests.

Then, there are some talented persons in every country who are election-shy. In a system of bicameral
legislature, they, too, can find an easy berth in the Upper Chamber, Take, for example, the Upper
Chambers in India both at the Centre and in the States.

The President is empowered to nominate twelve members to the Council of States, who should be
persons having special knowledge or practical experience in respect of such matters as literature,
science, art and social services. Similar provision is made for nomination to the Legislative Councils,
wherever they exist, in the constituent states.

Second chambers are indispensable for States with a federal form of government. The Lower Chamber
in a federation is elected on the basis of population and is a representative chamber of the people as a
whole. The Upper Chamber is representative of the constituent units. In several States units are given
equal representation in the Upper Chamber.

Equality of representation is claimed to prevent the domination of the legislature by the bigger and
prosperous units. Bicameralism thereby secures the spirit of compromise among different interests, as it
did in the United States, in the absence of which national unity would not have been possible.

To sum up, bicameralism has been justified as a check on undivided power, rashness and
irresponsibility, as a delaying and deliberative mechanism, as representing various interests in the
community, as a reservoir of knowledge and wisdom, and as representing small and big states alike in a
federation. It protects individual freedom against legislative despotism.

Page 55 of 60

Compiled by Rahul Kumar Singh

d. COMMUNAL AWARD
On August 16, 1932, the British Prime Minister McDonald announced the Communal Award. Thus it is
also known as McDonald Award. The Communal Award was basically a proposal on minority
representation.

Key Proposals

• The existing seats of the provincial legislatures were to be doubled.

• The system of separate electorates for the minorities was to be retained.
• The Muslims, wherever they were in minority, were to be granted a weightage.
• Except NWFP, 3 % seats for women were to be reserved in all provinces.
• The depressed , dalits or the untouchables were to be declared as minorities.
• Allocation was to be made to labor, landlords, traders and industrialists.
• Thus, this award accorded separate electorates for Muslims, Europeans, Sikhs, Indian Christians,
Anglo Indians, Depressed Classes, and even Marathas. (Some seats in Bombay were given to
Marathas)
• The depressed classes were given seats which had to be filled by election from the special
constituencies in which only they could vote.
• However, they were eligible to vote in the general constituencies as well.
• The labor, Commerce and Industry, Mining and Planting, Landholders were also given special
electorates.
• Sikhs were 13.2% of the population in Punjab. Here they were given 32 seats out of the total 175
seats.

Reaction of Gandhi on Communal Award

It was declared by Gandhi for more than once that the separate electorates for the depressed class was
an attempt to divide and detach the depressed classes from the main body of Hindus. It seemed to him
the these Firangies are going to break the country on the basis of the communities and so, he wrote a
letter to the Prime Minister that if the award, so far it was related to the Depressed class, is not
changed, he would sit on a fast unto death. On 20 September 1932, Gandhiji sat on the fast unto death
in the Yarawada Jail, in which he was lodged at that time. The Hindu leaders woke up and went directly
to Dr. Ambedkar, to negotiate on this matter. The outcome of these negotiations was Poona Pact of
1932.

McDonald as another manifestation of British policy of divide and rule

The McDonald Award was based on the British theory that India was not a nation, but is a
conglomeration of racial, religious and cultural groups, castes and interests. The British knew the
strengths and weaknesses of the Indian Society and knew that Indian society had a tendency to gravitate
towards localism and regionalism and the reason was obvious: India was a self-sufficient country based
on self-sufficient units and there was very little interaction between the two. The British were very much
aware that a sense of nationalism is always an antidote to imperialism. We can also say that the British
had a single point agenda to strike down the nationalism and to create parochial loyalties among the

Page 56 of 60

Compiled by Rahul Kumar Singh

smaller communities. This was one of the reasons that British came up with the concept of separate
electorate, as Elections are a powerful means for the allocation of power and therefore, Thus, McDonald
award was to debilitate national unity by creating different spheres of interests. It was dangerous and
Gandhi knew it. The new challenge was to combat with the feeling of separatism. This award started a
policy of appeasement and quota, which is still killing India, slowly.

e. POONA PACT

During the first Round Table Conference, when Dr. Bhimrao Ramji Ambedkar favoured the move of the
British Government to provide separate electorate for the oppressed classes (Dalit), Gandhi strongly
opposed it on the plea that the move would give power to the oppressed classes (Dalit). He went for an
indefinite hunger strike from September 20, 1932 against the decision of the then British Prime Minister
J.Ramsay MacDonald granting communal award to the depressed classes in the constitution for
governance of British India.

In view of the mass upsurge generated in the country to save the life of Gandhi, Ambedkar was
compelled to soften his stand. A compromise between the leaders of caste Hindu and the depressed
classes was reached on September 24,1932, popularly known as Poona Pact. The resolution announced
in a public meeting on September 25 in Bombay confirmed -" henceforth, amongst Hindus no one shall
be regarded as an untouchable by reason of his birth and they will have the same rights in all the social
institutions as the other Hindus have". This landmark resolution in the history of the Dalit movement in
India subsequently formed the basis for giving due share to Dalits in the political empowerment of
Indian people in a democratic Indian polity.

Text of Agreement

The following is the text of the agreement arrived at between leaders acting on behalf of the Depressed
Classes and of the rest of the community, regarding the representation of the Depressed Classes in the
legislatures and certain other matters affecting their welfare.

1. There shall be seats reserved for the Depressed Classes out of general electorate seats in the
provincial legislatures as follows: - Madras 30; Bombay with Sind 25; Punjab 8; Bihar and Orissa
18; Central Provinces 20; Assam 7; Bengal 30; United Provinces 20. Total 148. These figures are
based on the Prime Minister's (British) decision.

2. Election to these seats shall be by joint electorates subject, however, to the following procedure
All members of the Depressed Classes registered in the general electoral roll of a constituency will
form an electoral college which will elect a panel of tour candidates belonging to the Depressed
Classes for each of such reserved seats by the method of the single vote and four persons getting
the highest number of votes in such primary elections shall be the candidates for election by the
general electorate.

Page 57 of 60

Compiled by Rahul Kumar Singh

 3. The representation of the Depressed Classes in the Central Legislature shall likewise be on the
principle of joint electorates and reserved seats by the method of primary election in the manner
provided for in clause above for their representation in the provincial legislatures.

4. In the Central Legislature 18 per cent of the seats allotted to the general electorate for British
India in the said legislature shall he reserved for the Depressed Classes.

5. The system of primary election to a panel of candidates for election to the Central and Provincial
Legislatures as i herein-before mentioned shall come to an end after the first ten years, unless
terminated sooner by mutual agreement under the provision of clause 6 below.

6. The system of representation of Depressed Classes by reserved seats in the Provincial and Central
Legislatures as provided for in clauses (1) and (4) shall continue until determined otherwise by
mutual agreement between the communities concerned in this settlement.

7. The Franchise for the Central and Provincial Legislatures of the Depressed Classes shall be as
indicated, in the Lothian Committee Report.

8. There shall be no disabilities attached to any one on the ground of his being a member of the
Depressed Classes in regard to any election to local bodies or appointment to the public services.
Every endeavour shall be made to secure a fair representation of the Depressed Classes in these
respects, subject to such educational qualifications as may be laid down for appointment to the
Public Services.(Adult franchise but reservation has been provided for Dalits on population basis,
till 1960),

9. In every province out of the educational grant an adequate sum shall be ear-marked for providing
educational facilities to the members of Depressed Classes.

Ambedkar's Reaction to Agreement

Translation of Babasaheb's Marathi Speech delivered at Indian Merchant's Association Hall on 25th
Sept.1932 regarding Poona Pact and published in the issue of Janta on 1st oct.1932

When I think about my difficult situation few days before and today's happy moment I consider it as a
dreamlike moment. On the one hand I had to save the life of Mr. Gandhi; on the other, I had to protect
the legitimate rights of millions of my fellow untouchable brothers with the full value of my life. I had
never thought that this double perplexing situation will be resolved so easily and successfully. I am very
happy that all the Hindu leaders showed a great understanding and took a totally thoughtful and
cooperative stance in the moment of the terrible and responsible situation. Therefore we could arrive at
a satisfactory solution to come out of the very complex situation. This could be possible due to struggle
and vehement efforts made by Mahatma Gandhi for it. I was very surprised when Mahatma Gandhi
accepted and gave assent to all my demands and even congratulated me. If Mahatma had adopted the
same stand in the Second Round Table Conference, this difficult situation wouldn't have arisen. I am
very happy to give acceptance and assent to this successful pact. If my Sprushya (Touchable) brothers
wholeheartedly accept and try to implement this pact, then me and my untouchable brothers would be

Page 58 of 60

Compiled by Rahul Kumar Singh

very happy. On this occasion I do not hesitate to give credit to Sir Tejbahadur Sapru and C.
Rajgopalachari besides Mahatma Gandhi for the success of this Pact.

f. SWARAJ

By Swaraj, he meant freedom and self-rule which should be practiced at three levels - (i) in case of
individual Swaraj, it is self-control or Swaraj of the self. (2) In case of the country, it is the freedom of
India from the British clutch, and (3) in case of community level, it is Grain Swaraj or freedom of village.

Individual Swaraj: Gandhiji championed the cause of individual freedom. In his words "Swaraj really
means self-control. Only he is capable of self-control: observes the rules of morality, does not cheat or
give up truth, and does his duty to his parents, wife and children, servant’s and neighbors. Such a man is
in enjoyment of Swaraj ... " A State enjoys Swaraj if it can boast of a large number of such good citizens.

An individual Swarajist has to observe eleven vows like truth, non-violence, non-stealing, nonpossession,
celibacy, fearlessness, manual labour, non-indulgence in food, use of Swadeshi, equal respect for all
religions and eradicating untouchability. Gandhi considered individual as an end and as such opposed -
to subordination.

Swaraj for the nation (India): Gandhi was a staunch nationalist. He wanted to free India from the
clutches of the Britishers. His idea of Swaraj for the nation included the following things:

Opposition to imperialism: Gandhiji was against colonial hegemony. By and large, he wanted to obtain
freedom from the clutches of the Britishers giving a clarion call 'Do or die'. When the Quit India
Resolution was passed in 1942, Gandhiji observed, "I therefore want freedom, immediately, this very
night, before dawn if it can be had". Thus, he opposed imperialism tooth and nail.

Advocacy of Swadeshi: Gandhiji told that in body, mind and spirit one should be Swadeshi. He advised to
give up foreign goods and adopt country-made goods. In his words: "Swadeshi teaches us that being
born in it and having inherited her culture, I am fittest to serve her and she has a prior claim to my
service. But my patriotism is not exclusive; it is calculated not to hurt any other nation but to benefit all
in the true sense of the word."

Home-rule: Gandhi advocated 'home-rule. He rejected the idea of 'prayer and petition1 of the
Moderates and emphasized that the need of that hour was self-rule or 'home-rule'. He observed boldly,
"If the English vacated India bag and baggage, it must not be supposed that she would be widowed." A
'home-rule' can better tackle the situation whatever chaotic it may be.

Parliamentary Swaraj: Out and out, Gandhi was a democrat. He wanted to free India from the clutch of
western democracy. It was only because that democracy is full of violence and it resorts to coercive
methods to maintain law and order. He wanted a State where an individual will see God within another
individual and non-violence will triumph over brutal force.

Means and end relationship: For the Swaraj of a nation, Gandhiji put emphasis on the relation of means
with end. He emphasized on the relation of means with end. He emphasized on the fact that State is not
an end itself. It is one of the means to secure the greatest good for the individuals inside the society.
Thus, 'State should adopt fair means for achieving fair ends.

Page 59 of 60

Compiled by Rahul Kumar Singh

Gram Swaraj: Gram Swaraj is the third category of Swaraj which Gandhi envisaged. He really wanted
Swaraj of self rule by the people of India who represent the rural mass. Time and again, he observed
"India's soul lives in the village", He wanted that power structure should begin from the below. This
subaltern approach of Gandhi made his Gram Swaraj view very strong. He dreamt of village republics in
the free India.

By his idea of spiritualised politics, Gandhi wanted to attain Swaraj. The spirituality with a man will inject
new power to 'soul force' within him which will lead Jo the attainment of Swaraj. If that follows, as a
natural corollary, the Swaraj for State will be attained automatically.

g. CABINET MISSION

The political agitation in India was mounting every day. It was an alarming sign because once the forces
went out of control the 1857 history could have easily been repeated.

The Prime Minister of United Kingdom, therefore, at once announced that a team of three Cabinet
Ministers would be sent to India ‘to promote in conjunction with the leaders of Indian opinion, the early
realization of a full self-government in India’.

This was the indication of a very liberal attitude because for the first time the adjective of ‘full’ had been
added to self-government. A further indication in that direction was given in March when he announced
that the Government of England would be willing to consider complete Independence for India provided
there was no political hitch and he further provided that the major political parties in the country could
solve their own mutual problem.

The Cabinet Mission arrived in March, 1946 when there were hectic political activities in the Capital and
the Provincial Head Quarters all over the country. A series of meetings were held with leaders of the
Congress and League in order to find out a common leader of the Congress and League in order to find
out a common line of action but the two political parties had divergent views and therefore, could not
agree upon any formula whatsoever.

The Mission had the same fate as the Cabinet Mission and the Simla Conference had already met. It was
too a failure although the Mission gave out its own scheme to be considered by both the Congress and
the League.

Cabinet Mission Plan

According to the proposals of the Cabinet Mission announced in May, 1946, the country could have a
Federal government consisting of the British and the Indian India. The Federation was naturally to look
after the national and international problems like the Defense and communication, the foreign affairs
and the international trade while the provinces were to enjoy complete autonomy in Provincial subjects
like police, agriculture, industries, educational and many other local problems.

So far as the scheme was concerned, it was almost the same as had been recommended by the 1935
Act, but the major recommendation was to divide the provinces into three groups so that the Muslim
dominated provinces could form themselves in separate groups and thus manage their own affairs

Page 60 of 60

Compiled by Rahul Kumar Singh

within the framework of the new Federal Government. The Muslim majority areas as claimed by the
League were in the West as well as in the East while the areas in between the two and up to the south
were populated mostly by the majority community. It was, therefore, decided that the Punjab, N.W.F.
Province, Sindh and Baluchistan would form one group and Bengal and Assam the second group and the
third group was to be consisted of all the remaining States and Provinces.

These groups were entitled to have their own separate legislatures and to draw up their constitutions
according to their own will with the help of the Constituent Assemblies to be elected by the popular
electorate. The Provinces underlying each group were authorized to opt to join any of the three groups
after the election of their own legislatures and thus the will of the people would be ascertained whether
they would like to remain within the groups they were assigned in the beginning or would join some
other group to suit their convenience or liking.

Page 61 of 60

Compiled by Rahul Kumar Singh