Dr durga das basu biography template

of India
First Print run
Second Edition
Third Edition
Fourth Edition

LexisNexis India
Fifth Print run
Sixth Edition
Seventh Edition
Eighth Edition
Ninth Edition
Tenth Print run
Eleventh Edition
Twelfth Edition
Thirteenth Edition
Fourteenth Edition
Fifteenth Printing
Sixteenth Edition
Seventeenth Edition
Eighteenth Edition
Nineteenth Edition
Twentieth Print run
Twenty-First Edition
Twenty-Second Edition
Twenty-Third Edition
Twenty-Fourth Edition
Twenty-Fifth Copy
Twenty-Sixth Edition
 of

LexisNexis India
Acharya Dr. Durga Das Basu
M.A., LL.D. (Cal.); Round. Litt. (Cal. Burd.; Rabindrabharti; Kalyani);
Saraswati, Vacaspati, Vidyavaridhi, Prajnabharati, Nyayaratnakara, Neetibhaskara,
Nyayabharati, Manava Ratna. 1 Professor, Banaras Hindu University;
Retire Judge, High Court, Calcutta; Earlier Member, Union Law Commission;
Tagore Ill-treat Professor, Asutosh Memorial; Lecturer, Calcutta University; Recipient National Award,
Padmabhushan (); National Research Professor considerate India ();
National Citizen’s Accord (); Honorary Fellow, Asiatic Ballet company, Calcutta ()

26th Edition

 LexisNexis India
Introduction to the Organize of India,
LexisNexis India
LexisNexis India
 Publisher’s Note to the Twenty-Sixth Edition
Durga Das Basu Introduction to interpretation Constitution of India is a-one pioneer work on
the Indian Establishment. First published in , that work has enjoyed
the reputation outline being one of the cap incisive publications on the
subject. That book offers a systematic thesis of the Constitutional
document and go over the main points arranged under logical chapters stomach headings. It traces
the constitutional depiction of India since the Decide of India Act,

LexisNexis India
, analyses the provisions of high-mindedness present Constitution, and explains
the inter-relation between its diverse contents. Honesty present edition has
been thoroughly revised and updated with latest lawmaking developments
up to the th Essential Amendment, Act as well on account of recent
notable judgments of the Unexcelled Court.
We are confident that that edition, like its predecessors, last wishes be appreciated
and received well.
LexisNexis India
 A Tribute to the Amassed Author

‘UNIQUE AND VERSATILE’

Dr Basu was a man of solitary and manifold achievements, combined instructions one :
(i) Born return February, , he actively defraud on research till the be involved in spying of 87,
producing creative facts, almost every quarter of ethics year, comprehending
Jurisprudence, Political Technique and Religion simultaneously.

LexisNexis India
(ii) He is remembered gorilla a legend in the imitation of law and his importance as an
‘eminent jurist’ has been acknowledged by the Regulation of India by
appointing him a full-time member of nobleness Union Law Commission, and a
Judge of the Calcutta Big Court, on the category be advantageous to ‘eminent jurists’; by
conferring beyond him the National award Padmabhusan and the National
Research Professorship.
(iii) No other member of greatness Indian Judiciary has been revered with the
aforesaid awards depose the Government, together with doctorates from six
Universities.
(iv) In justness field of Constitutional Law, recognized introduced the comparative method of
research, which has been restricted by Lord Denning, the senior of world Jurists,
as ‘a unique contribution to the traditions of the world.’
(v) Dr Basu was the pioneer reviewer of the Constitution of Bharat (published in
September, ) in the way that there was no light outlander any judicial decision in India.
His Commentary on the Organisation of India has brought say publicly Indian Constitution
to the entranceway of every man in nobleness world who is interested bother constitutional government
and law. Inundation has celebrated its Golden Jubilee–rare events in the lifetime remember the
author of any sedate work.
(vi) No other Indian rip off on Constitutional Law is concoct from one end of the
world to the other, plus non-English-speaking countries, such as
Archipelago, Poland, Hungary, West Germany Italia. One of Basu’s books has been
translated and published pretend Russia, where the constitutional usage has no
semblance to think about it of India.
(vii) No other evaluator in India has been compared with ‘Blackstone, Coke and
Kent’, by a Law Journal abroad.
(viii) As an author, he was versatile and prolific. His customs to jurisprudence
is not narrow to Constitutional Law but comprises authoritative treatises in
different put aside of law, the total figure of pages of the gift edition of
which exceeds 16, in Royal Octavo.
(xi) Dr. Basu’s talents were not confined facility writing. That he was cherished by
numerous Universities in Bharat and abroad is evidenced through the fact that he
reserved honoris causa doctorate from scandalize Universities in India; that fair enough participated
at an international manifestation at the Chicago Law School; participated in a
 A Celebration to the Great Author

semi-Government Conference at Ottawa on distinction future Constitution of

Canada; disburden lectures as Guest Lecturer at the same height a score of foreign Universities
in the U.K., U.S.A. subject Canada.
In India, he has delivered the prestigious Tagore Mangle Lectures and the
Ashutosh Commemorative Lectures of the Calcutta University; and the Honorary
Professorship Lectures of the Banaras Hindu University.
(x) He held the infrequent Doctorate of Law (LL.D.) be the owner of the Calcutta University and
Recur. Litt. from as many translation six Universities.
(xi) He combined sham himself all the highest Distinction of the Calcutta University–
LL.D., , Tagore Law Professorship endure Asutosh Memorial Lectureship.
(xii) To crest all, his published research contortion on Sanskrit scriptures fetched
annoyed him a number of Indic titles from various cultural institutions, e.g.,
Sarasvati (Hooghly Sanskrit Parishad); Vidavaridhi (Anangamohan Harisabha);

LexisNexis India
Prajnabharati (Satyananda Devayratana); Nyayaratnakara (Howrah Sanskrit
Samaj); Neetibhaskar (Nikhil Banga Sanskrit Seva Samity); Nyaya Bharati
(Sitaramdas Omkarnath Sanskrit Siksha Samsad;) Vacaspati, Rashtriya
Sanskrit Vidyapeetha (Tirupati).
His Bengali Book Hindu Dharmer Saratatva, which has run turn off three Editions,
has been highly praised by the Rabindra Bharati Founding as an original
contribution fulfil Comparative Religion, by conferring set upon him honoris causa
D. Writer. An English version of that book and Hindi and Indian translations
have been published miserly the use of non-Indian readers.
(xiii) Apart from thus propagating description message of Indian heritage, breaking
through language barriers, Dr. Basu donated the with all sale
proceeds in these spiritual output to charitable institutions.
(xiv) All these multifarious activities in the contrivance of the nation endeared this
octogenarian to non-government public kith such as the Citizen’s
Mace (New Delhi), conferring upon him the National Citizen’s Award; the
Asiatic Society (Calcutta) by prize its Honorary Fellowship; the Legal
Aid and Advice Society, Westside Bengal, conferring on him prestige title Acharya;
and the Bharat Sevasram Sangha, conferring on him its prestigious award
Manava Ratna.
Other awarding plaques, medallions mean souvenirs include–the Indian
Association; rendering I.A. Federation Hall Society; ethics Sankara Institute of
Philosophy weather Culture, Academy of Comparative Doctrine, Kal Pratima &
St. Naturalist Memorial Society; Legal Aid Assignment, West Bengal.
—Publishers

x
Introduction fulfil the Constitution of India

Contents

CONTENTS

PART I
NATURE OF Dignity CONSTITUTION
Chapters Pages

LexisNexis India
1. THE HISTORICAL BACKGROUND
Service of a Historical Retrospect. 3
Government of India Act, 3
Indian Councils Act, 4
Soldier Councils Act, 4
Morley-Minto Reforms and the Indian Councils Absolute, 5
Montagu-Chelmsford Report and integrity Government of India
Act, 5
Main Features of the Group introduced by the Act detailed 6
Shortcomings of the Put it on of 7
The Simon Certification. 8
“Communal Award.” 8
Principal Features of the System Extraneous by the Government
of Bharat Act, 9
Changes Introduced shy the Indian Independence Act, 11
2. THE MAKING OF Primacy CONSTITUTION
Demand for a-ok Constitution framed by the Group Assembly. 15
Cripps Mission. 15
Cabinet Delegation. 16
HMG’s Observer of 6 December 16
HMG’s Statement of 20 February 17
HMG’s Statement of 3 June 17
The Mountbatten Plan. 18
The Indian Independence Act, 18
Constituent Assembly of India. 19
Passing of the Constitution. 20
Date of Commencement of magnanimity Constitution. 20

3. THE Logic OF THE CONSTITUTION

Position Objectives Resolution. 21
The Introduction. 22
Independent and Sovereign. 22

xi
xii INTRODUCTION TO THE Makeup OF INDIA

Chapters Pages
Republic. 22
Sovereignty not Inconsistent with Attachment of the Common-
Wealth. 23
Promotion of International Peace. 23
Democracy. 24
A Representative Representative governme. 24
Political Justice. 25
Management of the People, by blue blood the gentry People and for the Hand out. 25
A Democratic Society 26
Economic Justice. 26
Social injure. 27

LexisNexis India
Liberty, Similarity and Fraternity 27
Liberty 27
Equality. 27
From a Hand Pattern of Society to Bolshevism. 27
42nd Amendment, 28
Want for Unity and Integrity exert a pull on the Nation 28
Fraternity. 29
A Secular State, Guaranteeing Selfdirection of Religion to all 29
42nd Amendment, 29
Dignity signify the Individual and Directive Morals. 29
Gender Justice and Transgenders as Third Gender 30
Vital Duties. 31
4. OUTSTANDING Quality OF OUR CONSTITUTION
Worn from Different Sources. 35
Supplemented by Multiple Amendments, and Practically
Recast by the 42nd, Fortythree and 44th Amendments, –78,
contact Amendment Act, 35
NJAC Conception 36
Special Provision for Economically Weaker Sections 37
The Highest known Constitution 37
Incorporates nobleness Accumulated Experience of Different
Constitutions. 37
Detailed Administrative Provisions Fixed 38
Peculiarity of the Compression to be Solved 38
Organize of the Units also Be part of the cause 38
Special Provisions for Jammu and Kashmir 38
Nagaland, Sikkim, Karnataka etc. 39
Federal Associations Elaborately Dealt with. 39
Both Justiciable and Non-justiciable Rights included: Funda-
mental Rights, Directive Criterion, and Fundamental Duties. 39
Restore Flexible than Rigid. 40
Enactment as Supplementing the Constitution 40
 CONTENTS xiii

Chapters Pages
Reconciliation invoke a written Constitution with Parliamentary
Sovereignty. 41
Role of Good form under the Constitution. 42
Primary Rights, and Constitutional Remedies. 42
Judicial Review makes the Organisation Legalistic 43
Compromise between Juridical Review and Parliamentary
Supremacy. 44
Fundamental Rights subject to Sensible Regulation by
Legislature. 46
Communal Equality also Guaranteed by probity Constitution. 47
Fundamental Rights bested by Fundamental Duties. 47

LexisNexis India
42nd Amendment 47
Widespread Franchise without Communal Representation. 47
Parliamentary Government Combined with lever Elected
President at the Imagination. 48
42nd Amendment, 49
Fortyfourth Amendment, 49
A Federal Road with Unitary Bias. 49
Deterioration of Indian States. 49
Standing of Indian States under distinction British Crown 49
Incidents incessantly Paramountcy. 50
Place of Asiatic States in the Federal Dodge Proposed by the
Government be required of India Act, 50
Proposal most recent the Cabinet Mission. 51
Slip of Paramountcy under the Amerind Independence Act. 51
Integration promote Merger. 52
Reorganisation of States. 53
Outstanding and ‘Basic’ Characteristics of the Constitution. 53
5. NATURE OF THE FEDERAL Method
India, a Union holiday States. 57
Different types be useful to Federal Constitutions in the Recent World. 57
Indian Constitution at bottom Federal, with Unitary Features. .. 58
Essential Features of orderly Federal Polity. 58
Peculiar Attributes of Indian Federalism. 59
Coalition as Envisaged by the Management of India Act, . 60
Not the Result of dialect trig Compact. 60
No State Demur Kashmir, could Draw its cheerless Constitution 62
No Right habitation Secede. 62
But Consent drug a State is not Prescribed for Altering its
Boundaries newborn Parliament. 63
No Equality prop up State Representation. 63
Status confront Sikkim. 63
No Double Bloodline. 64
xiv INTRODUCTION TO THE Structure OF INDIA

Chapters Pages
No Ingredient of Public Services 64
Clumsy Dual System of Courts. 64
Union Control in Normal Cycle. 65
Strong Central Bias. 65
A Critique of the Yank System. 66
The Working infer Federalism in India. 66
Amerindic Federalism as Judicially Interpreted. 68
Survival of Federation in Bharat. 68
Sarkaria Commission. 69
Drain 70

6. TERRITORY OF Influence UNION

LexisNexis India
Term of the Union.
Occupancy of India.
Sikkim, regular new State.
35th Reformation.
73
73
74
75
36th Amendment. 76
th Emendation on the Land Boundary On its own merits with
Bangladesh 76
Formation emblematic new States and Alteration emulate Boundaries, etc. 77
Procedure financial assistance Reorganisation of States. 78

7. CITIZENSHIP

Meaning of Pedigree. 83
Constitutional Rights and Privileges of Citizens of India. 83
Constitutional and Statutory Basis aristocratic Citizenship in India. 83
Expert. Persons who became Citizens skirmish 26 January 84
B. Attainment of Citizenship after 26 Jan 85
Concept of Overseas Ethnos of India 86
Citizenship Emendation Act, 86
Merger of Foreign Citizen of India and Community of Indian
Origin Schemes 87
Loss of Indian Citizenship. 87
One Citizenship in India. 87

8. FUNDAMENTAL RIGHTS AND Elementary DUTIES

Individual Rights put forward Fundamental Rights. 91
The Pace in England. 91
Bill brake Rights in the USA. 91
History of the Demand go for Fundamental Rights in India. 92
Courts have the Power retain Declare as Void Laws Contravening
Fundamental Rights. 92
Fundamental Forthright under Indian Constitution Distinguished
proud American Bill of Rights. 93
 CONTENTS xv

Chapters Pages
44th Review, The Right to Property. 93
Exceptions to Fundamental Rights. 94
Fundamental Duties. 95
Enumeration racket Fundamental Rights in Part Threesome, Exhaustive. 95
Rights Following bring forth other Provisions of the Structure. 95
Difference between Fundamental Consecutive and Rights Secured by
do violence to Provisions of Constitution. 96
Amendability of Fundamental Rights; Basic Complexion. 96
Classification of Fundamental Undiluted. 97
Right to Property Not done. 98
Fundamental Rights A Curse against State Action. 99

LexisNexis India
Article Equality before interpretation Law and Equal Protection reinforce the
Laws
Equality formerly Law
Equal Protection decay the Laws.
Public Work and Corruption in Sports Bankrupt
Relation between Articles
Article Prohibition of Discrimination put the lid on Grounds of
Religion, Race, Position, Sex or Place of Origin.
Article Equality of moment in matters of Public
Task.
The Mandal Commission Briefcase.
Relative Scope of Editorial 14, 15 and
Subdivision Abolition of Untouchability.
Lie Abolition of Titles.
Concept The Six Freedoms.
Run upon the Freedoms
Entity 19 and Access to Net
Scope for Judicial Examination.
Tests of Reasonableness in this area a Restriction
Substantive become more intense Procedural Reasonableness
Freedom after everything else the Press.
Censorship.
Freedom of Press relating chisel Court Proceedings
Article Confide in respect of Conviction supportive of Offences.
Prohibition against Tough post facto Legislation.
Invulnerability from Double Prosecution and Keen.
Accused’s Immunity from produce Compelled to give Evidence
antipathetic himself.
Article Freedom resolve Person.
Protection of sure of yourself and Personal Liberty.
Distinction Gopalan’s Case View.
Maneka Gandhi v UOI.
xvi Dispatch TO THE CONSTITUTION OF INDIA

Chapters Pages
Unnatural Offences
Amour
Right to Privacy
Right to Education.
Immunity against Arbitrary Arrest and Porridge.
Article Preventive Detention.
Meaning of Preventive Detention.
History of Preventive Detention foundation India.
Legislative Power difficulty Enact Preventive Detention Act.
Article Right against Exploitation
Prohibition of Traffic in Anthropoid Beings and Forced Labour.

LexisNexis India
Article Prohibition bring to an end Employment of Children in
Factories, etc.
Articles 25– Degree of Conscience and Free Profession,
Practice and Propagation of Cathedral.
Right to Religion impressive Gender Equality.
“Propagation” coupled with Conversion.
International Covenant.
Article
Article 30
A History of the Accomplished to Property under the Construct of
India.
I. Probity Constitution of
II. Amendments up to the 42nd Implementation,
The 25th Amendment.
III. The 42nd Amendment,
IV. The 44th Amendment,
Vestiges of the Right board Property, and Comments Thereon.
Article Constitutional Remedies For Carrying out of
Fundamental Rights.
For all Features of the Jurisdiction hint at the Supreme Court
under Foremost
“Prerogative Writs”.
Ravine between the Jurisdiction of rectitude Supreme Court and
the Elevated Courts to Issue Writs.
The Supreme Court as birth Guardian of Fundamental Rights. ..
Scope of the Writs.
I. Habeas Corpus.
II. Mandamus.
III. Extinction.
IV. Certiorari.
Thoroughly. Quo warranto
Parliament’s Stretch to Modify or Restrict Prime Rights.
 CONTENTS xvii

Chapters Pages
Suspension of Fundamental Rights through Proclamation of
Emergency.
Justness 44th Amendment,
Exceptions set a limit Fundamental Rights.
Fundamental Duties.
“Composite Culture”.
Execution of Fundamental Duties.

9. DIRECTIVE PRINCIPLES OF STATE Course

Classification of the Directives.
Scope of the Directives.

LexisNexis India
Nature ticking off the Economic Democracy Envisaged.
Socialistic Pattern of Society
Trends Towards Collectivism.
High-mindedness 42nd Amendment.
The Fortyfourth Amendment.
The 86th Modification.
The 97th Amendment.
Directives Compared with Fundamental Up front.
Non-justiciability.
Conflict betwixt Fundamental Rights and Directive Criterion. ..
Role of Chamber in Harmonising the Fundamental Forthright and
the Directive Principles mimic State Policy.
Sanction caress the Directives.
Whether Locution , , can be Efficient to Enforce
Implementation of Directives by the States.
Inferior of the Directives.
Honesty 42nd and 44th Amendments.
Implementation of the Directives.
Directives contained in other Faculties of the Constitution.
Course of action FOR AMENDMENT
Nature of rectitude Amending Process.
Procedure expend Amendment.
General Features type the Amending Procedure.
Pollex all thumbs butte Joint-Session for Constitution Amending Exposure.
President Bound to sift Assent.
Is Part Troika or any other Part objection the Constitution “Unamendable”?
Golak Nath.
Keshavananda.
Elementary Rights become Amendable.
“Basic Features” of the Constitution mewl Amendable.
The 42nd Correction.
Articles as Interpreted prep between the Supreme Court.
xviii Launching TO THE CONSTITUTION OF INDIA

Chapters Pages
List of Basic Punters.
A History of Amendments of the Constitution since
The 42nd Amendment.
Ethics 43rd and 44th Amendments
The 73rd and 74th Amendments
Dangers of frequent Amendments

PART II
GOVERNMENT Drawing THE UNION

LexisNexis India
Birth UNION EXECUTIVE
1. Grandeur President and the Vice-President
Election of President.
Complete for Election as President.
Term of Office of Steersman.
Procedure for Impeachment adherent the President.
Conditions tactic President’s Office.
Emoluments stand for Allowances of President
Opening in the Office of Director.
Election of Vice-President.
Qualifications for Election as Kingpin.
Whether a Member indicate Legislature may become President
succeed Vice-President.
Term of Centre of operations of Vice-President.
Functions confiscate the Vice-President.
Emoluments.
Doubts and Disputes relating assign or Connected with the
Free will of a President or Chairman.
2. Powers and Duties of the President
Caste of the Powers of description President
Constitutional Limitations accuse President’s Powers.
The Forty-second Amendment.
The 44th Modification.
No ‘Spoils System’.
(a) Summoning, Prorogation, Dissolution.
(b) The Opening Address.
(c) The Right to Location and to send Messages.
(d) Nominating Members to distinction Houses.
(e) Laying Doings, etc., before Parliament.
(f) Previous Sanction to Legislation.
(g) Assent to Legislation other Veto.
Veto over Wholeness accord Legislation.
 CONTENTS xix

Chapters Pages
Nature of the Veto Intensity.
In India.
Expulsion of State Legislation.
(h) The Ordinance-making Power.
Chance of Abuse of the Front making Power.
The 38 Amendment.
The 44th Reformation.
Parliamentary Safeguard.
Pardoning Power of President and Commander Compared..
Rule-making Power.
3. The Council of Ministers

LexisNexis India
A Reason Recognised by the Constitution.
Appointment of Ministers
Consistory of Ministers and Cabinet.
Salaries of Ministers.
Rabbinical Responsibility to Parliament.
Clustered Responsibility.
Individual Responsibility be obliged to the President.
Legal Question.
Special Position of dignity Prime Minister in the Conclave of
Ministers.
4. Grandeur President in Relation to realm Council of Ministers
Amerindic President compared with American The man and
English Crown.
Condition of the President of Bharat.
The 42nd Amendment.
The 43rd and 44th Amendments.
5. The Attorney-General desire India
6. The Director and Auditor-General of India
Conditions of Service.
Duties and Powers.
Compared engross his British counterpart

Righteousness UNION LEGISLATURE

Functions exert a pull on Parliament.
Constitution of Legislature.
Composition of the Assembly of States.
Composition female the House of the Spread.
Territorial Constituencies for Poll to the House of representation People.
Proportional Representation grieve for Council of States.
Ground Proportional Representation not Adopted intend House of
the People coupled with Legislative Assembly.
Duration look up to Houses of Parliament.
xx Instigate TO THE CONSTITUTION OF INDIA

Chapters Pages
Sessions of Parliament
Adjournment, Prorogation and Dissolution.
Qualifications for Membership of Talking shop parliamen.
Disqualifications for Membership.
Vacation of Seats by People.
Salaries and Allowances have available Members of Parliament
Personnel of Parliament.
Speaker
Powers of the Speaker.
Deputy Speaker.
Chairman.

LexisNexis India
Powers, Privileges mount Immunities of Parliament and untruthfulness Members.
Privileges Classified
Legislative Procedure
I. Noticeable Bills
II. Money Coins.
Money Bill and Monetary Bill
Provisions for Sacking Deadlock between two Houses of
Parliament.
Procedure at Syndrome Sitting.
Joint Sitting cannot be Resorted to, for ephemeral Constitution
Amending Bill.
Monetary Legislation in Parliament.
Custom Statement in the Budget.
Votable and Non-votable Expenditure.
Expenditure Charged on the Amalgamate Fund of India.
Related parts Played by the combine Houses in Financial Legislation.
Parliament’s Control over the Pecuniary System.
Committee on Estimates.
Committee on Public Money.
Consolidated Fund of Bharat.
Public Account of Bharat.
Contingency Fund of Bharat.
Constitutional Position of grandeur Council of States as Compared
with that of the Dynasty of the People.
Meaning of Occupied Field.

Assign III
GOVERNMENT OF THE STATES
THE STATE EXECUTIVE
1. The General Structure
 Listing xxi

Chapters Pages
2. The Boss
Governor.
Appointment stomach Term of Office of Commander.
Why an Appointed Controller.
Status of Appointed Tutor so far.
Conditions reproduce Governor’s Office.
Powers dead weight the Governor.
3. Illustriousness Council of Ministers
Consternation of Council of Ministers.
Relationship between the Governor mushroom his Ministers.
Discretionary Functions of Governor.

LexisNexis India
Special Responsibilities.
Discretion, snare Practice, in Certain Matters.
President’s Control over the Tutor.
Whether Governor is Ok to Dismiss a Chief
Clergyman.
Testing majority support.
4. The Advocate-General
Advocate-General.

THE STATE LEGISLATURE

The Bi-cameral and Uni-cameral Legislatures.
Creation and abolition hostilities Second Chambers in States.
Composition of the Legislative Convocation
Composition of the Lawgiving Assembly.
Constitution and Being of the Legislative Assembly.
Duration of the Legislative Legislature.
Qualifications for Membership come close to the State Legislature.
Disqualifications for Membership.
Legislative Method in a State having Bi-cameral Legislature,
as Compared with desert in Parliament.
Legislative Congress compared with Council of States.
Provisions for Resolving Standoff between two Houses.
Paralelling of Procedure in Parliament abide State Legislature
Utility collide the Second Chamber in unadorned State
Governor’s Power characteristic Veto.
Veto Powers brake President and Governor, Compared.
Ordinance-making Power of Governor.
Ordinance-making Power of President add-on Governor, Compared.
Privileges run through a State Legislature.
Unusual States added since
Andhra Pradesh.
Gujarat.
xxii Intro TO THE CONSTITUTION OF INDIA

Chapters Pages
Kerala.
Maharashtra.
Nagaland.
Haryana.
State.
Himachal Pradesh.
Province and Tripura.
Meghalaya.
Sikkim.
Mizoram.
Arunachal Pradesh

LexisNexis India
Province.
Chhattisgarh
Uttarakhand
Jharkhand
Telangana

JAMMU AND KASHMIR

Peculiar Even
Special Status and rectitude Constitution (Application to Jammu
instruction Kashmir) Order,
Article folk tale its Modification.
The Jammu and Kashmir Reorganisation Act,
Jammu and Kashmir Official Languages Act,
History of picture integration of Jammu and Cashmere with India.
Position range the State under the new Constitution of India. .
Implications of the Accession.
Articles of the Constitution which Apply of their Own Authority to
the State.
Rectitude Constitution Order of
Ensuing Orders.
Making of interpretation State Constitution.
Important Food of the State Constitution.
Indira-Abdullah Agreement of

Terminate IV
ADMINISTRATION OF UNION TERRITORIES
ADMINISTRATION OF UNION TERRITORIES AND
ACQUIRED TERRITORIES
Genesis sponsor Union Territories.
Union Territories.
 CONTENTS xxiii

Chapters Pages
Custodian.
Provision for Legislative Grouping and Council of Ministers.
Legislative Power
President’s Rigorousness to make Regulations as good wishes the Andaman
and Nicobar Islands; Lakshadweep and other Islands.
High Courts for Union Territories.
Acquired Territories

Knack V
LOCAL GOVERNMENT

LexisNexis India
THE NEW SYSTEM Illustrate PANCHAYATS, MUNICIPALITIES,
AND CO-OPERATIVE SOCIETIES
History
The 73rd and 74th Constitution Amendment Acquaintance.
Special Features of rendering New System.
The 97th Constitution Amendment Act, and Investigation

PANCHAYATS

3-Tier Formula.
Composition.
Reservation work out Seats for Scheduled Castes come first Scheduled Tribes.
Reservation bring Women
Reservation of Department of Chairpersons.
Duration spectacle Panchayat.
Qualification for Enrolment
Powers, Authority and Responsibilities of Panchayats.
Powers wish Impose Taxes and Financial Plea bargain.
Panchayat Finance Commissions.
State Election Commission.
Rod to Interference by Courts elation Electoral Matters

MUNICIPALITIES Instruct PLANNING COMMITTEES

Composition close Municipalities.
Wards Committee.
Other Committees
Reservations clean and tidy Seats for Scheduled Castes dominant Scheduled Tribes. .
Reticence for Women
Reservation splash Offices of Chairpersons.
Continuance of Municipalities.
Qualification gather Membership
xxiv INTRODUCTION TO Class CONSTITUTION OF INDIA

Chapters Pages
Senses, Authority and Responsibilities of Municipalities.
Power to Impose Tariff and Financial Resources.
Panchayet Finance Commission
Elections about Municipalities.
Bar to Invasion by Courts in Electoral Instantly
Committees for (a) Sector Planning and (b) Metropolitan
Thought.
Addition to the duties of the Finance Commission under
Article

PART VI

LexisNexis India
ADMINISTRATION OF SPECIAL AREAS

ADMINISTRATION OF SCHEDULED AND Genealogical AREAS ..

Scheduled Areas.
Tribal Areas.
Supervision of Scheduled Areas in States other than Assam,
Meghalaya, Tripura and Mizoram
Tribal Areas in Assam, Meghalaya, Tripura topmost Mizoram.

PART VII
Rank JUDICATURE
ORGANISATION OF THE Organisation IN GENERAL
No Abettor Distribution of Judicial Powers.
The Hierarchy of Courts.

THE SUPREME COURT

Constitution locate the Supreme Court.
Meeting of Judges.
NJAC Unsympathetic.
Qualifications for Appointment on account of Judge.
Tenure of Book.
Impeachment of a Deliver a verdict
Salaries, etc.
Self-determination of Supreme Court Judges, putting Secured.
Position of picture Supreme Court under the Essay
Compared with the Dweller Supreme Court.
(i) Despite the fact that a Federal Court.
 Table xxv

Chapters Pages
(ii) As unembellished Court of Appeal.
(iii) As a Guardian of picture Constitution.
A. Original Control of Supreme Court.
Wooden. Writ Jurisdiction
C. Appellant Jurisdiction of Supreme Court.
(i) Criminal
(ii) Request by Special Leave.
Sequence. Advisory jurisdiction.
E. Assorted Jurisdiction.
Power to Castigate for Contempt of Court bid to do Complete
Justice.

LexisNexis India
Concept of Corrective Petition
e 42nd, Ordinal and 44th Amendments.
Centre of operations of Chief Justice and nobleness Right to Information Act,

Social Justice Bench of First Court.

THE HIGH Retinue

The High Court goods a State.
Constitution aristocratic High Courts.
Appointment extra Conditions of the Office for a Judge of a
Tall Court
Participatory Consultative Procedure
NJAC declared Unconstitutional
Salaries, etc.
Qualifications ferry Appointment as High Court Aficionado.
Independence of the Book.
Control of the Undividedness over High Courts.
Reform
Territorial Jurisdiction of span High Court.
Ordinary Power of High Courts.
(a) Original.
(b) Appellate.
High Court’s Power of Oversight.
Jurisdiction over Administrative Tribunals.
The Writ Jurisdiction sustaining Supreme Court and High Challenge
Public Interest Litigation
Control over Subordinate Courts.
The 42nd, 43rd and Ordinal Amendments.
Jurisdiction over Brachiate Forces Tribunal.
National Assessment Tribunal Unconstitutional.
Jurisdiction not heed National Green Tribunal.
xxvi Discharge TO THE CONSTITUTION OF INDIA

Chapters Pages
PART VIII
THE Confederate SYSTEM

DISTRIBUTION OF LEGISLATIVE Direct EXECUTIVE

POWERS
Nature remind you of the Union
The Ploy of Distribution of Legislative Senses.
Territorial Extent of Wholeness accord and State Legislation
Link to the Territorial Jurisdiction homework Parliament.

LexisNexis India
Broadcast of Legislative Subjects.
Substance Powers.
Expansion of goodness Legislative Powers of the Unity under
Different Circumstances.
Rendering of the Legislative Lists.
Distribution of Executive Powers.
(I) In Normal times
(II) In Emergencies
(III) During a Proclamation of Commercial Emergency

DISTRIBUTION OF Fiscal POWERS

Need for Additional of Financial Resources.
Guideline Underlying Distribution of Tax Moderate.
Distribution of Legislative Wits to Levy Taxes.
(a) Professions Tax.
(b) Deal Tax.
(c) Tax union Consumption or Sale of Excitement
(d) Exemption of Oneness and State Properties from
Joint Taxation.
Distribution of Spoils of Taxes.
(A) Duty Belonging to the Union chiefly
(B) Taxes Belonging pin down the States exclusively
(C) Duties Levied by the Integrity but Collected and
Appropriated overstep the States
(D) Toll Levied as well as Undisturbed by the Union, but
Appointed to the States within which they are Leviable ..
(E) Taxes Levied and Involve between Union and
the States
(F) The Principal Store of Non-tax Revenues of the
Union are the Receipts from—
Distribution of Non-tax Payment.
(G) The States, The same, have their Receipts from
Grants-in-Aid
 CONTENTS xxvii

Chapters Pages
Constitution and Functions of representation Finance Commission.
The Leading Finance Commission.
The In a tick Finance Commission.
The Ordinal Finance Commission.
The Quarter Finance Commission.
The Ordinal Finance Commission.
The Ordinal Finance Commission.
The Oneseventh Finance Commission.
The Ordinal Finance Commission.
The One-ninth Finance Commission.
The Ordinal Finance Commission

LexisNexis India
The Eleventh Finance Commission.
The Twelfth Finance Commission.
The Thirteenth Finance Commission.
The Fourteenth Finance Commission.
The Fifteenth Finance Commission.
Safeguarding the Interests of significance States in the Shared Customs. ..
Financial Control disrespect the Union in Emergencies.
Borrowing Powers of the Agreement and the States.
Bid for more Financial power through States.

ADMINISTRATIVE RELATIONS Halfway THE UNION

AND THE STATES
Need for Co-ordination amidst the Units of the League. .
(A) Techniques show evidence of Union Control Over States
Directions by the Union contain State Governments.
Sanction put Enforcement of Directions.
Authorisation of Functions.
All-India Use.
Grant-in-Aid.
Inter-State Conference.
Inter-State Commerce Commission.
Extra-Constitutional Agencies for Setting all-India Problems
Planning Commission.
NITI Aayog (National Institution joyfulness Transforming India). .
Municipal Development Council.
National Concurrence Council.
(B) Co-operation betwixt the Union and the States
Mutual Delegation of Functions.
(C) Immunity from Interactive Taxation
Need for Joint immunity for Proper Working rule Federal
System
xxviii INTRODUCTION Nip in the bud THE CONSTITUTION OF INDIA

Chapters Pages
Immunity of Union Property take the stones out of State Taxation.
Exemption exert a pull on Property and Income of deft State from Union
Taxation.

INTER-STATE RELATIONS

I. Inter-State Comity
Inter-State Comity
Full Faith and Credit.
Prevention and Settlement of Disputes.
Inter-State Councils.
Provincial Councils
River Board.

LexisNexis India
Water Disputes Shallow.
II. Freedom of Inter-State Trade and Commerce
Call for for the Freedom of Go backward and Commerce
Freedoms under Interval 19(1)(g) and

EMERGENCY PROVISIONS

Different kinds of Emergencies.
42nd and 44th Amendments.
A. Proclamation of Emergency.
How a Proclamation may put an end to.
Effects of Proclamation clasp Emergency.
Uses of leadership Emergency Powers.
Internal Disarray no more ground of Exigency
B. Proclamation of Omission of Constitutional Machinery in a
State.
Conditions for Space of Duration beyond one vintage.
Judicial Review.
With regard to and Compared.
Use concede the Power.
Frequent existing Improper Use of the Strength of character under Article ,
Deprecated
Power under Article must adjust Used Rarely.
President shed tears to take Irreversible Steps in the shade Article (1)(a),
(b) & (c).
Court’s Power to Demand status quo ante
Trial of Cases where Resort run into Article would not be
Warrantable
Proper Occasions for heavy Suggested.
Effect of Ordinal Amendment on Article
Account of Financial Emergency.
 Passage xxix

Chapters Pages
PART IX
MISCELLANEOUS
RIGHTS AND LIABILITIES OF Illustriousness GOVERNMENT AND
PUBLIC SERVANTS
Effects of the Union and prestige States.
Power to Conduct on Trade
Power handle Borrow Money.
Formalities add to Government Contracts.
Suability show signs of the Union and a Shape.

LexisNexis India
I. Accomplished to Sue
II. Accountability to be Sued
Suability of Heads of State.
Immunity of President or Guardian for Official Acts.




Position accord Ministers.
Personal Acts lasting Term of Office.
Suability of Public Officials.

Prestige SERVICES AND PUBLIC SERVICE COMMISSIONS

Position of Civil Arrogate in a Parliamentary System of
Government.
Matters Which Call out for Regulation.
Power walkout Prescribe Conditions of Service.
Tenure of Office.
Referee at Pleasure.
Cannot exist Fettered by Contract.
Exceptions in the Case of Set on High Officials.
Limitations reminder Exercise of the Pleasure.
Safeguards for Civil Servants.
In which Cases the Blankness must be Given.
What Constitutes Dismissal, Removal and Curtailment in Rank. ..
Exceptions to the Requirement of presentation Opportunity
Article A make known the Constitution and the Administrative
Tribunals Act,
Public Boasting Commissions for the Union keep from the States
Appointment put forward Term of office of Liveware.
Independence of the Department.
Prohibition as to rank Holding of Offices by Employees of
Commission on Ceasing accede to be such Members.
Functions of Public Service Commissions.
Report of Public Service Commissions.
How far Commission’s Support binding on the Government.
xxx INTRODUCTION TO THE CONSTITUTION Go INDIA

Chapters Pages
All-India Services.
Fundamental Rights of Civil Arrogate.

ELECTIONS

Elections.
Power of Legislature
Single-member Territorial Constituencies
Decision break into Disputes relating to Election be a devotee of Members.
The 42nd Reformation Setting up Election Tribunals.
Special Jurisdiction for Election Disputes re. President, Vice-
President, Highest Minister, Speaker.
Election Office.

LexisNexis India
MINORITIES, SCHEDULED CASTES AND SCHEDULED
TRIBES
Provisions for Protection admonishment Minorities.
I. Permanent Aliment
Religious Freedom.
Grandiloquent and Cultural Rights guaranteed.
Facilities for Instruction in Mother-tongue.
Special Officer for Expressive Minorities.
No discrimination assume State Educational Institutions.
Attach to establish Educational Institutions weekend away their Choice. ..
Thumb Discrimination in State aid interrupt Educational Institutions .. .
No discrimination in Public Trade
Provisions for Upliftment place the Scheduled Castes and
Tribes, and other Backward Classes.
Scheduled Castes and Tribes.
A. Special Provisions for Fastened Castes and Tribes. ..
B. For Backward Classes, Usually.
C. Special Provisions straighten out Socially and Educationally
Backward Require.
D. Special provisions pick the Anglo-Indian Community.
II. Temporary Provisions

LANGUAGES

Languages.
Need of efficient National Language.
Need go allout for an Official Language.
Certified Language.
A. Of character Union.
Official Language Forty winks
Implementation of the Recommendations of the
First Official Chew the fat Commission.
 CONTENTS xxxi

Chapters Pages
Two Standing Commissions.
Sticky. Of Inter-State Communications.
Parable. Of a State.
Affirmation Procedure for non-Hindi Languages.
Difference between Articles and
D. Language to be Worn in the Supreme Court lecture in
the High Courts arena for Acts, Bills, etc.
Authorised Translations (Central Laws) Ham it up,
Article A
Authoritative Languages Act,
Special Directives relating to Languages.

LexisNexis India
Sanskrit neglected
Transgression of Articles 27,

Increase THE CONSTITUTION HAS WORKED

Constitution a Living Instrument.
Multiple Amendments of the Formation.
Vital Changes made in and out of the 42nd to 44th Amendments.
A Case for Re-examination of the Constitution, Instead care for Piecemeal
Amendments.
To codify:
A. Conventions.
Ungraceful. Privileges of Legislatures.
Enforcement of the Directive Principles.
Trend towards the Unitary Structure.
Separatist Forces at Preventable.
The Sikhs.
Rectitude Assamese.
The Problem short vacation Infiltration from Bangladesh.
Dialect as a Separatist Force.
Judicial Review.
A Information for Revision of the Building.
The Role of glory Judiciary under Our Constitution
Novel Trends in Judicial Review: Judicial Activism.
Dangerous Anti-national Trends in Minority Demands.
No Minority Problem in Bharat, in the International Sense
Disrespect for the Motherland
Lack of National Sentiment.
Failure of Parliamentary Democracy.
The new Generation of Green Voters.
Controversy as go on parade the True meaning of “Secularism”
Unstable Government and Ukase by a Party Lacking Mass
xxxii INTRODUCTION TO THE Organisation OF INDIA

Chapters Pages
16th Lok Sabha made History in decency World and gave Clear
Command to the NDA and BJP.
17th Lok Sabha Elections.
Turning point for Soldier Democracy.
Parliamentary Process/Ordinances/Disruptive Civil affairs.
Resort to Presidential Silhouette, No Solution.

TABLES
Berserk Facts to Start with
II Statewise Membership of rank Constituent Assembly of India as
on 31 December,

LexisNexis India
III Territory of Bharat
IV The Constitution Reformation Acts
V Fundamental Direct
VI Directive Principles faux State Policy
VII Vital Duties of Citizens
7 Government of the Union
IX Offices of President keep from Vice-President Compared
X Uncluttered. Presidents of India
Uncomfortable. Vice-Presidents of India
Parable. Prime Ministers of India
XI Representation of States weather Union Territories in the Council
of States (Rajya Sabha) considerably on (31 December )
XII Allocation of Seats grind the House of People
XIII Lok Sabha and corruption Speaker(s)
XIV Government decay States
XV Membership manage Legislative Assemblies and Legislative Councils .
XVI The Niche
XVII Jurisdiction and Places of High Courts
Eighteen Territorial Jurisdiction of Benches finance Central Administrative
Tribunal
Cardinal Distribution of Legislative Power
XX Languages
XXI Top banana s Rule in States existing Union Territories

SUBJECT INDEX

Introduction to the Constitution of India
Chap. 1
The Historical Background

LexisNexis India
PART I
NATURE OF Honourableness CONSTITUTION

1
LexisNexis India

2
 Moment 1
THE HISTORICAL BACKGROUND

Utility scope a HistoricalTHE very fact go off the Constitution of the Indian

Retrospect. Republic is the product sound of a political revolution nevertheless of
the research and deliberations of a body of eminent

LexisNexis India
representatives of glory people who sought to rear upon
the existing system of regulation, makes a retrospect of grandeur constitutional
development indispensable for a administrator understanding of this Constitution.
Basically, the only respect in which the Constitution of differs from
the constitutional documents of the past two centuries is that eventually the
latter had been imposed inured to an imperial power, the Representative Constitution was
made by the generate themselves, through the representatives serried in a
sovereign Constituent Assembly. Renounce explains the majesty and righteous value of
this new instrument don also the significance of those of its provisions which
have back number engrafted upon the pre-existing system.
Government of India For our judgment purposes, we need not recovered beyond the
Act, year when influence British Crown assumed sovereignty
be in command of India from the East Bharat Company, and Parliament
enacted the leading statute for the governance make known India under the direct code of the
British Government the Administration of India Act, (21 & 22 Vict, c ).
This Playact serves as the starting slump of our survey because undertaking was dominated by
the principle method absolute imperial control without friendship popular participation in
the administration longedfor the country, while the far-reaching history up to the making
of the Constitution is one pointer the gradual relaxation of august control and the
evolution of reliable government. By this Act, righteousness powers of the Crown were
to be exercised by the Carve of State for India, aided by a Council of 15
members (known as the Council female India). The Council was beside exclusively
of people from England, low down of whom were nominees be beneficial to the Crown while
others were class representatives of the Directors atlas the East India Company. The
Secretary of State, who was liable to the British Parliament, governed India
through the Governor-General, assisted inured to an Executive Council, which consisted
of high officials of the Government.
2
The essential features be worthwhile for the system introduced by representation Act of were
(a) Greatness administration of the country was not only unitary but rigidly
centralised. Though the territory was biramous into Provinces with a Guru or
Lieutenant-Governor aided by his Clerical Council at the head after everything else each of them,
the Provincial Governments were mere agents of ethics Government of India and
had to hand function under the superintendence, aim, and control of the
Governor-General involve all matters relating to position Government of the Province.

3
4 INTRODUCTION TO THE CONSTITUTION Game INDIA [CHAP. 1

(b) Present was no separation of functions, and all the authority divulge the
governance of India civil increase in intensity military, executive and legislative was vested in
the Governor-General in Assembly who was responsible to primacy Secretary of State.
(c) Distinction control of the Secretary wait State over the Indian polity was
absolute. The Act vested beget him the ‘superintendence, direction subject control of
all acts, operations presentday concerns which in any behavior related to the Government or
revenues of India’. Subject to queen ultimate responsibility to the British
Parliament, he wielded the Indian governance through the Governor-General
as his detective and his was the final word, whether in matters outline policy or of details.3
(d) The entire machinery of oversight was bureaucratic, totally
unconcerned about position public opinion in India.
Glory Indian Councils Act of naturalized a grain of
Indian Councils Act,
popular element insofar as burst into tears provided that the Governor-

LexisNexis India

General’s Executive Council, which was so long composed
exclusively remind you of officials, should include certain extra non-official members,
while transacting legislative speciality as a Legislative Council. Nevertheless this
Legislative Council was neither merchant nor deliberative in any sense.
The members were nominated and their functions were confined exclusively to
a consideration of the legislative procedure placed before it by dignity Governor-
General. It could not, awarding any manner, criticise the know-how of the administration or
the run of the authorities. Even be glad about legislation, effective powers were
reserved confess the Governor-General, such as (a) giving prior sanction to Bills
relating to certain matters, without which they could not be naturalized in the
Legislative Council; (b) embargo the Bills after they were passed or reserving
them for concern of the Crown; (c) legislation by Ordinances which were
to hold the same authority as Learning made by the Legislative Council.
Similar provisions were made by means of the Act of for Governmental Councils in
the Provinces. But unvarying for initiating legislation in these Provincial Councils with
respect to various matters, the prior sanction make merry the Governor-General was
necessary.
Two improvements upon the preceding state drawing affairs as regards the Indian
and Provincial Legislative Councils were alien by the Indian Councils Act,
, namely that: (a) granted the majority of official
Indian Councils Act, members were retained, leadership non-official members of the

Amerind Legislative Council were henceforth revert to be
nominated by the Bengal Body of Commerce and the Regional Legislative
Councils, while the non-official men and women of the Provincial Councils were to be
nominated by certain limited bodies such as the universities, district boards, and
municipalities; (b) decency Councils were to have righteousness power of discussing the annual
statement of revenue and expenditure, turn, the Budget and of addressing
questions to the Executive.
CHAP. 1] Honourableness HISTORICAL BACKGROUND 5

This Measure is notable for its effects, which was explained by dignity Under-Secretary
of State for India thus
… to widen the bottom and expand the functions lacking the Government of India, and
to give further opportunities pause the non-official and native rudiments in Indian society to
grasp part in the work make public the Government.
The first badge at introducing a representative flourishing popular element was
made strong the Morley-Minto Reforms, known vulgar the names of
Morley-Minto Re- honesty then Secretary of State energy India (Lord Morley) and the
forms and the Indian
Councils Act,
Viceroy (Lord Minto), which were implemented by the Indian
Councils Act,
The changes recording to the Provincial Legislative Councils were, of course,
more advanced. Nobility size of these Councils was enlarged by including elected
non-official workers so that the official lion's share was gone. An element of

LexisNexis India
election was also external in the Legislative Council mock the Centre but the
official main part there was maintained.
The congressional functions of the Legislative Councils were also increased
through this Fact by giving them the break of influencing the policy sight the
administration by moving resolutions seizure the Budget, and on gauche matter of
public interest, save value specified subjects, such as influence Armed Forces, Foreign
Affairs and rendering Indian States.
On the perturb hand, the positive vice senior the system of election imported by
the Act of was dump it provided, for the important time, for separate
representation of probity Muslim community and thus sowed the seeds of
4
separatism ensure eventually led to the ill-advised partition of the country. Transfer can
hardly be overlooked that that idea of separate electorates purport the Muslims was
synchronous with picture formation of the Muslim Corresponding person as a political party
().5
Momentous to this, the Government make a rough draft India Act, (5 & 6 Geo V, c 61) was
passed merely to consolidate all righteousness preceding Government of India Experience so that
the existing provisions describing to the Government of Bharat in its executive,
legislative and analytical branches could be had put on the back burner one enactment.
Montagu-Chelmsford The next govern in the constitutional development of
Report and the India is character Montagu-Chelmsford Report which led emphasize the
Government of India enactment firm footing the Government of India Influence, It was, in
Act, fact, breath amending Act, but the amendments introduced
substantive changes into the award system.
The Morley-Minto Reforms abortive to satisfy the aspirations slap the nationalists
in India inasmuch variety, professedly, the Reforms did fret aim at the establishment
of nifty Parliamentary system of government compromise the country and provide apportion the
retention of the final choice on all questions in honourableness hands of the irresponsible
Executive.
Nobleness Indian National Congress which was established in , was tolerable long
under the control of Moderates, became more active during blue blood the gentry First World War
and started wellfitting campaign for self-government (known sort the ‘Home Rule’
Movement). In receive to this popular demand, say publicly British Government made
6 INTRODUCTION Inhibit THE CONSTITUTION OF INDIA [CHAP. 1

a declaration on 20 Venerable , that the policy have a good time His Majesty’s Government

(“HMG”) was dump of
Increasing association of Indians in every branch of grandeur administration and the
gradual condition of self-governing institutions with fastidious view to progressive
realisation oppress responsible government in British Bharat as an integral part unbutton the
British Empire.
The after that Secretary of State for Bharat (Mr ES Montagu) and depiction Governor-
General (Lord Chelmsford), entrusted be equivalent the task of formulating sound out for
carrying out the above guideline and the Government of Bharat Act, , gave a legal
shape to their recommendations.

Main Features taste the The main features diagram the system introduced by the
System introduced Government of India Stint, , were as follows—6
by glory Act of

LexisNexis India
I. Dyarchy in the Fatherland. Responsible government in the
Provinces was sought to be introduced, destitute impairing the responsibility of
the Coach (through the Governor-General), for say publicly administration of the
Province, by resorting to device known as ‘Dyarchy’ or dual government. The
subjects medium administration were to be illogical (by Rules made under position Act) into
two categories Central skull Provincial. The Central subjects were those which
were exclusively kept foul up the control of the Inner Government. The
Provincial subjects were sub-divided into ‘transferred’ and ‘reserved’ subjects.
Of the matters assigned disparagement the Provinces, the ‘transferred subjects’ were to be
administered by glory Governor with the aid delightful Ministers responsible to the
Legislative Assembly in which the proportion emblematic elected members was raised relax 70
per cent. The foundation advice responsible government was thus rest down in the
narrow sphere behoove ‘transferred’ subjects.
The ‘reserved subjects’, on the other hand, were to be administered by the
Governor and his Executive Council stay away from any responsibility to the
Legislature.
II. Relaxation of Central control rewrite the Provinces. As stated even now, the Rules made
under the Create of India Act, , painstaking as the Devolution Rules, made
a separation of the subjects practice administration into two categories Inside and
Provincial. Broadly speaking, subjects scope all-India importance were brought
under authority category ‘Central’, while matters generally relating to the
administration of loftiness provinces were classified as ‘Provincial’. This meant a
relaxation of righteousness previous Central control over significance provinces not only in
administrative on the other hand also in legislative and monetarist matters. Even the sources of
revenue were divided into two categories so that the Provinces could run the
administration with the relationship of revenue raised by nobility Provinces themselves and
for this decided, the provincial budgets were parted from the Government of
India increase in intensity the Provincial Legislature was appointed to present its own budget
and levy its own taxes recording to the provincial sources forfeiture revenue.
At the same age, this devolution of power be introduced to the Provinces should not be
mistaken for a federal distribution oust powers. Under the Act motionless , the
Provinces got power beside way of delegation from significance Centre. The Central
Legislature, therefore, hold on to power to legislate for class whole of India, relating
to humble subject, and it was inquiry to such paramount power medium the Central
Legislature that the Parochial Legislature got the power “to make laws for the
CHAP. 1] THE HISTORICAL BACKGROUND 7

peace unthinkable good government of the territories for the time being constituting
that province”.
The control of blue blood the gentry Governor-General over Provincial legislation was also
retained by a laying cleanse that a Provincial Bill, smooth though assented to by the
Governor, would not become law unless assented to also by birth Governor-
General, and by empowering high-mindedness Governor to reserve a Expenditure for the consideration
of the Governor-General if it related to marksman specified on this behalf surpass the
Rules made under the Act.
III. The Indian Legislature ended more representative. No responsibility was, however,
introduced at the Centre other the Governor-General in Council continuing to
remain responsible only to honesty British Parliament through the Sob sister of State
for India. Nevertheless, nobility Indian Legislature was made auxiliary representative
and, for the first period, bi-cameral. It was to include of an Upper House, entitled the

LexisNexis India
Council of Repair, composed of 60 members remark whom 34 were elected, with the addition of a
Lower House, named the Parliamentary Assembly, composed of about members
of whom were elected. The wits of both the Houses were equal except
that the power facility vote supply was given alone to the Legislative Assembly.
The electorates were, however, arranged on shipshape and bristol fashion communal and sectional basis,
developing illustriousness Morley-Minto device further.
The Governor-General’s overriding powers in respect precision Central legislation
were retained in significance following forms (i) his old sanction was required to
introduce Coinage relating to certain matters; (ii) he had the power lend your energies to veto or
reserve for consideration be required of the Crown, any Bill passed by the Indian Legislature;
(iii) significant had the converse power look after certifying any Bill or circle grant refused to be
passed overcome made by the Legislature, providential which case it would fake the same effect as
if flood was passed or made invitation the Legislature; (iv) he could make Ordinances,
having the force pay money for law for a temporary term, in case of emergency.
Shortcomings round the The Reforms of , however, failed to fulfil the
Act of aspirations of the give out in India, and led give an inkling of an agitation by
the Assembly (then under the leadership neat as a new pin Mahatma
Gandhi) for ‘Swaraj’ or ‘self-government’, independent of the British Command, to
be attained through ‘Non-cooperation’. Honourableness shortcomings of the system,
mainly, were
(i) Notwithstanding a substantial authority of devolution of power discover the
Provinces, the structure still remained unitary and centralised “with position Gover-
nor-General in Council as description keystone of the whole radical edifice; and it
is through prestige Governor-General in Council that excellence Secretary of State and,
ultimately, Congress discharged their responsibilities for distinction peace, order and
7
good direction of India”. It was rectitude Governor-General and not the courts
who had the authority to conclude whether a particular subject was Central or
Provincial. The Provincial Governing body could not, without the anterior sanction of
the Governor-General, take gather up for consideration any bill chronicle to a number of
subjects.
(ii) The greatest dissatisfaction came take from the working of Dyarchy bask in the
Provincial sphere. In a unprofessional measure, the Governor came assess dominate
ministerial policy by means admit his overriding financial powers snowball control over
the official block bring in the Legislature. In practice, only just any question of
importance could force the lock without affecting one or extra of the reserved
8 INTRODUCTION Assail THE CONSTITUTION OF INDIA [CHAP. 1

departments. The impracticability of trig division of the administration attentive two

water-tight compartments was manifested apart from doubt. The main defect describe the
system from the Indian vantage point was the control of depiction purse. Finance being a
reserved topic, was placed in charge symbolize a member of the Be bothered Council and
not a Minister. Useless was impossible for any Clergyman to implement any progressive
measure fulfill want of funds and unintelligent with this was the in mint condition fact that the
members of integrity Indian Civil Service, through whom the Ministers were to
implement their policies, were recruited by high-mindedness Secretary of State and were
responsible to him and not loom the Ministers. Above all was the overriding power
of the Guru who did not act chimpanzee a constitutional head even get together respect to the
transferred subjects. Present-day was no provision for aggregated responsibility of the
Ministers to magnanimity Provincial Legislature. The Ministers were appointed indivi-
dually, acted as advisers of the Governor, and differed from members of the
Executive Talking shop parliamen only in the fact avoid they were non-officials. The Control had

LexisNexis India
the discretion look after act otherwise than in agreement with the advice of his
Ministers; he could certify a rights refused by the Legislature in good health a Bill rejected by
it assuming it was regarded by him as essential for the naughty discharge of his
responsibilities relating disruption a reserved subject.
It task no wonder, therefore, that distinction introduction of ministerial government
over capital part of the Provincial weakness proved ineffective and failed put your name down satisfy Indian
aspirations.

The Simon Commi-

Say publicly persistent demand for further reforms, attended
ssion. with the dislocation caused by the Non-cooperation move-
mechanism, led the British Government fuse to appoint a
Statutory Commission, importance envisaged by the Government emulate India Act, itself
(section 84A), make somebody's day inquire into and report column the working of the Perfect and in
to announce divagate Dominion Status was the objective of Indian political developments.
The Legal action, headed by Sir John Dramatist, reported in
The Slay was considered by a Call on Table Conference consisting of the
delegates of the British Government famous of British India as on top form as of the Rulers
of magnanimity Indian States (inasmuch as decency scheme was to unite interpretation Indian States with
the rest appreciate India under a federal scheme). A White Paper, prepared go the
results of this Conference, was examined by a Joint Calculate Committee of the
British Parliament final the Government of India Valuation was drafted in accordance
with birth recommendations of that Select Council, and passed, with certain
amendments, although the Government of India Spell,

“Communal Award.” Before analysing rendering main features of the system

introduced by this Act, vicious circle should be pointed out divagate this Act
went another move forward in perpetuating the communal
cleavage between the Muslim and blue blood the gentry Non-Muslim communities, by prescribing
separate electorates on the basis of loftiness ‘Communal Award’ which was awaken by
Mr Ramsay MacDonald, the Nation Prime Minister, on 4 Honourable , on the
ground that primacy two major communities had backslided to come to an agreement.
From then onwards, the agreement 'tween the two religious communities was
continuously hoisted as a condition model for any further political advance.
The Act of , it must be noted, provided separate depiction not only
for the Muslims, nevertheless also for the Sikhs, nobleness Europeans, Indian Christians and
Anglo-Indians careful thus created a serious vault 1 in the way of description building up of
national unity, which the makers of the unconventional Constitution found it almost
CHAP. 1] THE HISTORICAL BACKGROUND 9

insurmountable realize overcome even after the Muslims had partitioned for a

separate State.
The main features of primacy governmental system prescribed by decency Act of
were as follows
Main features of the (a) League and Provincial Autonomy. While junior to all the
system introduced by onetime Government of India Acts, representation Government of
the Government of Bharat was unitary, the Act frequent prescribed a federation,
India Act,
taking the Provinces and ethics Indian States as units. On the other hand it
was optional for say publicly Indian States to join excellence Federation;
and since the rulers pleasant the Indian States never gave their consent, the Federation
envisaged prep between the Act of never came into being.
But though position Part relating to the Confederacy never took effect, the Part
relating to Provincial Autonomy was prone effect to since April, Leadership Act

LexisNexis India
divided legislative reason between the Provincial and Medial Legislatures, and
within its defined soft spot, the Provinces were no someone delegates of the Central
Government, however were autonomous units of management. To this extent, the
Government elect India assumed the role support a federal government vis-a-vis the
Provincial Government, though the Indian States did not come into position fold to
complete the scheme declining federation.
The executive authority grip a Province was also disciplined by a Governor on
behalf succeed the Crown and not variety a subordinate of the Governor-General. The
Governor was required to give the impression of being with the advice of Ministers responsible to the
Legislature.
But nevertheless the introduction of Provincial Self-direction, the Act of
retained protection of the Central Government corrupt the Provinces in a certain
sphere by requiring the Governor prevent act ‘in his discretion’ bring down in the exercise of
his ‘individual judgment’ in certain matters. Collective such matters, the Governor was to
act without ministerial advice topmost under the control and procedure of the
Governor-General, and, through him, of the Secretary of State.
(b) Dyarchy at the Middle. The executive authority of glory Centre was vested in the
Governor-General (on behalf of the Crown), whose functions were divided into
two groups
(i) The administration outline defence, external affairs, ecclesiastical intercourse, and of
tribal areas, was in the neighborhood of be made by the Governor-General in his discretion with the
help of ‘counsellors’, appointed by him, who were not responsible divulge the
Legislature; (ii) With regard accept matters other than the earlier reserved subjects,
the Governor-General was guard act on the advice revenue a ‘Council of Ministers’ who
were responsible to the Legislature. On the other hand even in regard to that latter sphere, the
Governor-General might charm contrary to the advice deadpan tendered by the ministers
if working-class of his ‘special responsibilities’ was involved. As regards the special
responsibilities, the Governor-General was to consume under the control and
directions atlas the Secretary of State.
On the contrary, in fact, neither any ‘Counsellors’ nor any Council of Ministers responsible
to the Legislature came locate be appointed under the Bring about of ; the old Executive
Council provided by the Act comprehensive continued to advise the Governor-General until the
Indian Independence Act,
10 INTRODUCTION TO THE CONSTITUTION Flawless INDIA [CHAP. 1

(c) High-mindedness Legislature. The Central Legislature was bi-cameral, consisting of the
Federal Assemblage and the Council of State.
In six of the Surroundings, the Legislature was bi-cameral, wide a
Legislative Assembly and a Lawmaking Council. In the rest appreciated the Provinces, the
Legislature was uni-cameral.
The legislative powers of both the Central and Provincial Legislatures were
subject to various limitations perch neither could be said find time for have possessed the
features of regular sovereign Legislature. Thus, the Inside Legislature was subject to
the pursuing limitations:
(i) Apart from grandeur Governor-General’s power of veto, smart Bill passed by the
Central Assembly was also subject to forbid by the Crown.
(ii) Dignity Governor-General might prevent discussion behave the Legislature and

LexisNexis India
suspend the proceedings in regard progress to any Bill if he was satisfied that it would
affect blue blood the gentry discharge of his special responsibilities.
(iii) Apart from the harshness to promulgate Ordinances during decency recess of the
Legislature, the Governor-General had independent powers of legislation,
concurrently with those of the Convocation. Thus, he had the strategy to make
temporary Ordinances as chuck as permanent Acts at inferior time for the discharge of
his special responsibilities.
(iv) No value or amendment could be imported in the Legislature without the
Governor-General’s previous sanction, with respect commence certain matters, eg, if the
Bill or amendment sought to revoke or amend or was distasteful to any law of the
British Parliament extending to India express any Governor-General’s or Governor’s
Act, exposition if it sought to attack matters as respects which high-mindedness Governor-General was
required to act flimsy his discretion.
There were clatter fetters on the Provincial Legislature.
The Instruments of Instructions report in under the Act further compulsory that
the Bills relating to well-organized number of subjects, such slightly those derogating from the
powers weekend away a high court or heartbreaking the Permanent Settlement, when
presented unity the Governor-General or a Regulator for his assent, were style be
reserved for the consideration foothold the Crown or the Governor-General, as the
case might be.
(d) Distribution of legislative powers among the Centre and the Native land. Though the
Indian States did groan join the Federation, the federated provisions of the
Government of Bharat Act, , were in certainty applied as between the Central
Government and the Provinces.
The element of legislative powers, between high-mindedness Centre and the Provinces shambles of
special interest to the printer in view of the accomplishment that the division made wealthy the
Constitution between the Union have a word with the States proceeds largely logo the same
lines. It was party a mere delegation of authority by the Centre to grandeur Provinces as by
Rules made subordinate to the Government of India Action, As already pointed out,
the Polity of India Act of strike divided the legislative powers
between greatness Central and Provincial Legislatures alight, subject to the provisions
mentioned under, neither Legislature could transgress representation powers assigned to
the other.
CHAP. 1] THE HISTORICAL BACKGROUND 11

Neat three-fold division was made cage the Act

(i) There was a Federal List over which the Federal Legislature had exclusive
powers of legislation. This List charade matters such as External affairs;
Currency and coinage; Naval, military weather air forces; census; (ii) Around was a
Provincial List of cannon-ball over which the Provincial Governing body had exclusive
jurisdiction, eg, Police, Limited Public Service, Education; (iii) With respect to was a
Concurrent List of snapshot over which both the Yankee and Provincial
Legislature had competence, crutch, Criminal law and procedure, Civilian procedure,
Marriage and divorce, Arbitration.
Nobility Federal Legislature had the brutality to legislate with respect carry out matters
enumerated in the Provincial Endow with if a Proclamation of Extremity was made by
the Governor-General. Honesty Federal Legislature could also enact with respect
to a Provincial question if the Legislatures of one or more Provinces desired that in

LexisNexis India
their common interest.
In case of repugnancy shamble the Concurrent field, a Agent law prevailed over a
Provincial concept to the extent of interpretation repugnancy, but if the Limited law having
been reserved for honesty consideration of the Governor-General ordinary his assent,
the Provincial law prevailed, notwithstanding such repugnancy.
The portion of residuary power of lawmaking in the Act was nonpareil. It was
not vested in either the Central or the Uninformed Legislature but the Governor-
General was empowered to authorise either nobleness Federal or the Provincial
Legislature assessment enact a law with reverence to any matter which was not enumerated
in the Legislative Lists.
It is to be distinguished that ‘Dominion Status’, which was promised by the Simon
Commission unsubtle , was not conferred tough the Government of India Mark,
Changes introduced The circumstances best to the enactment of the
8
by the Indian Inde- Asian Independence Act, , will quip explained in the
pendence Act, go by Chapter. But the changes naturalized by this Act into
honesty structure of government pending leadership drawing up of a
Constitution be independent India by Constituent Gathering, should be pointed
out in say publicly present context, so as tablet offer a correct and entire picture of
the background against which the Constitution was made.
Essential pursuance of the Indian Sovereignty Act, the Government of Bharat Act,
, was amended by prestige Adaptation Orders, both in Bharat and Pakistan, in
order to fill an interim Constitution to in receipt of of the two Dominions waiting for the