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Houses were chosen by direct election.

4. It required that the three of the six members of the Viceroy’s

executive Council (other than the Commander-in-Chief)

were to be Indian.

5. It extended the principle of communal representation by

providing separate electorates for Sikhs, Indian Christians,

Anglo-Indians and Europeans.

6. It granted franchise to a limited number of people on the

basis of property, tax or education.

7. It created a new office of the High Commissioner for India in

London and transferred to him some of the functions hitherto

performed by the Secretary of State for India.

8. It provided for the establishment of a public service

commission. Hence, a Central Public Service Commission

was set up in 1926 for recruiting civil servants8 .

9. It separated, for the first time, provincial budgets from the

Central budget and authorised the provincial legislatures to

enact their budgets.

10. It provided for the appointment of a statutory commission to

inquire into and report on its working after ten years of its

coming into force.

Simon Commission

In November 1927 itself (i.e., 2 years before the schedule), the

British Government announced the appointment a seven-member

to report on the condition of India under its new Constitution. All

the members of the commission were British and hence, all the

parties boycotted the commission. The commission submitted its

report in 1930 and recommended the abolition of dyarchy,

extension of responsible Government in the provinces,

establishment of a federation of British India and princely states,

continuation of communal electorate and so on. To consider the

proposals of the commission, the British Government convened

three round table conferences of the representatives of the British

Government, British India and Indian princely states. On the basis

of these discussions, a ‘White Paper on Consitutional Reforms’

was prepared and submitted for the consideration of the Joint

Select Committee of the British Parliament. The recommendations

of this committee were incorporated (with certain changes) in the

next Government of India Act of 1935.

Communal Award

In August 1932, Ramsay MacDonald, the British Prime Minister,

announced a scheme of representation of the minorities, which

came to be known as the Communal Award. The award not only

continued separate electorates for the Muslims, Sikhs, Indian

Christians, Anglo-Indians and Europeans but also extended it to

the depressed classes (Scheduled Castes). Gandhiji was

distressed over this extension of the principle of communal

representation to the depressed classes and undertook fast unto

death in Yerawada Jail (Poona) to get the award modified. At last,

there was an agreement between the leaders of the Congress and

the depressed classes. The agreement, known as Poona Pact,

retained the Hindu joint electorate and gave reserved seats to the

depressed classes.

Government of India Act of 1935

The Act marked a second milestone towards a completely

responsible government in India. It was a lengthy and detailed

document having 321 Sections and 10 Schedules.

1. It provided for the establishment of an All-India Federation

consisting of provinces and princely states as units. The Act

divided the powers between the Centre and units in terms of

three lists–Federal List (for Centre, with 59 items), Provincial

List (for provinces, with 54 items) and the Concurrent List

(for both, with 36 items). Residuary powers were given to the

Viceroy. However, the federation never came into being as

the princely states did not join it.

2. It abolished dyarchy in the provinces and introduced

‘provincial autonomy’ in its place. The provinces were

allowed to act as autonomous units of administration in their

defined spheres. Moreover, the Act introduced responsible

Governments in provinces, that is, the Governor was

required to act with the advice of ministers responsible to the

provincial legislature. This came into effect in 1937 and was

discontinued in 1939.

3. It provided for the adoption of dyarchy at the Centre.

Consequently, the federal subjects were divided into

reserved subjects and transferred subjects. However, this

provision of the Act did not come into operation at all.

4. It introduced bicameralism in six out of eleven provinces.

Thus, the legislatures of Bengal, Bombay, Madras, Bihar,

Assam and the United Provinces were made bicameral

consisting of a legislative council (upper house) and a

legislative assembly (lower house). However, many

restrictions were placed on them.

5. It further extended the principle of communal representation

by providing separate electorates for depressed classes

(Scheduled Castes), women and labour (workers).

6. It abolished the Council of India, established by the

Government of India Act of 1858. The secretary of state for

India was provided with a team of advisors.

7. It extended franchise. About 10 per cent of the total

population got the voting right.

8. It provided for the establishment of a Reserve Bank of India

to control the currency and credit of the country.

Commission and Joint Public Service Commission for two or

more provinces.

10. It provided for the establishment of a Federal Court, which

was set up in 1937.

Indian Independence Act of 1947

On February 20, 1947, the British Prime Minister Clement Atlee

declared that the British rule in India would end by June 30,1948;

after which the power would be transferred to responsible Indian

hands. This announcement was followed by the agitation by the

Muslim League demanding partition of the country. Again on June

3, 1947, the British Government made it clear that any

Constitution framed by the Constituent Assembly of India (formed

in 1946) cannot apply to those parts of the country which were

unwilling to accept it. On the same day (June 3, 1947), Lord

Mountbatten, the Viceroy of India, put forth the partition plan,

known as the Mountbatten Plan. The plan was accepted by the

Congress and the Muslim League. Immediate effect was given to

the plan by enacting the Indian Independence Act9 (1947).

The features of this Act were as follows:

1. It ended the British rule in India and declared India as an

independent and sovereign state from August 15, 1947.

2. It provided for the partition of India and creation of two

independent dominions of India and Pakistan with the right

to secede from the British Commonwealth.

3. It abolished the office of Viceroy and provided, for each

dominion, a governorgeneral, who was to be appointed by

the British King on the advice of the dominion cabinet. His

Majesty’s Government in Britain was to have no

responsibility with respect to the Government of India or

Pakistan.

4. It empowered the Constituent Assemblies of the two

dominions to frame and adopt any constitution for their

respective nations and to repeal any act of the British

Parliament, including the Independence act itself.

5. It empowered the Constituent Assemblies of both the

dominions to legislate for their respective territories till the

new constitutions were drafted and enforced. No Act of the

British Parliament passed after August 15, 1947 was to

extend to either of the new dominions unless it was

extended thereto by a law of the legislature of the dominion.

6. It abolished the office of the Secretary of State for India and

transferred his functions to the Secretary of State for

Commonwealth Affairs.

7. It proclaimed the lapse of British paramountcy over the

Indian princely states and treaty relations with tribal areas

from August 15, 1947.

8. It granted freedom to the Indian princely states either to join

the Dominion of India or Dominion of Pakistan or to remain

independent.

9. It provided for the governance of each of the dominions and

the provinces by the Government of India Act of 1935, till the

new Constitutions were framed. The dominions were

however authorised to make modifications in the Act.

10. It deprived the British Monarch of his right to veto bills or ask

for reservation of certain bills for his approval. But, this right

was reserved for the GovernorGeneral. The Governor-

General would have full power to assent to any bill in the

name of His Majesty.

11. It designated the Governor-General of India and the

provincial governors as constitutional (nominal) heads of the

states. They were made to act on the advice of the

respective council of ministers in all matters.

12. It dropped the title of Emperor of India from the royal titles of

the King of England.

13. It discontinued the appointment to civil services and

reservation of posts by the secretary of state for India. The

members of the civil services appointed before August 15,

1947 would continue to enjoy all benefits that they were

entitled to till that time.

At the stroke of midnight of 14-15 August, 1947, the British rule

came to an end and power was transferred to the two new

independent Dominions of India and Pakistan10. Lord Mountbatten

independent India. The Constituent Assembly of India formed in

1946 became the Parliament of the Indian Dominion.

Table 1.1 Interim Government (1946)

Sl. Members Portfolios Held

No.

1. Jawaharlal Nehru Vice-President of the Council;

External Affairs & Commonwealth

Relations

2. Sardar Vallabhbhai Home, Information & Broadcasting

Patel

3. Dr. Rajendra Prasad Food & Agriculture

4. Dr. John Mathai Industries & Supplies

5. Jagjivan Ram Labour

6. Sardar Baldev Singh Defence

7. C.H. Bhabha Works, Mines & Power

8. Liaquat Ali Khan Finance

9. Abdur Rab Nishtar Posts & Air

10. Asaf Ali Railways & Transport

11. C. Rajagopalachari Education & Arts

12. I.I. Chundrigar Commerce

13. Ghaznafar Ali Khan Health

14. Joginder Nath Law

Mandal

Note: The members of the interim Government were members of

the Viceroy’s Executive Council. The Viceroy continued to be the

head of the Council. But, Jawaharlal Nehru was designated as the

Vice-President of the Council.

No.

1. Jawaharlal Nehru Prime Minister; External Affairs &

Commonwealth Relations; Scientific

Research

2. Sardar Vallabhbhai Home, Information & Broadcasting;

Patel States

3. Dr. Rajendra Prasad Food & Agriculture

4. Maulana Abul Kalam Education

Azad

5. Dr. John Mathai Railways & Transport

6. R.K. Shanmugham Finance

Chetty

7. Dr. B.R. Ambedkar Law

8. Jagjivan Ram Labour

9. Sardar Baldev Singh Defence

10. Raj Kumari Amrit Health

Kaur

11. C.H. Bhabha Commerce

12. Rafi Ahmed Kidwai Communication

13. Dr. Shayama Prasad Industries & Supplies

Mukherji

14. V.N. Gadgil Works, Mines & Power

NOTES AND REFERENCES

1. The Mughal Emperor, Shah Alam, granted ‘Diwani’ to

the Company after its victory in the Battle of Buxar

(1764).

2. It was introduced in the British Parliament by the then

Prime Minister, William Pitt.

3. At that time, the Civil Services of the company were

classified into covenanted civil services (higher civil

services). The former was created by a law of the

Company, while the later was created otherwise.

4. Subhash C. Kashyap, Our Constitution, National Book

Trust, Third Edition, 2001, P. 14.

5. The system of Budget was introduced in British India in

1860.

6. V. N. Shukla, The Constitution of India, Eastern Book

Company, Tenth Edition, 2001, P. A-10.

7. The declaration thus stated: ‘The policy of His Majesty’s

Government is that of the increasing association of

Indians in every branch of the administration, and the

gradual development of self-government institutions,

with a view to the progressive realisation of responsible

government in India as an integral part of the British

Empire’.

8. This was done on the recommendation of the Lee

Commission on Superior Civil Services in India (1923-

24).

9. The Indian Independence Bill was introduced in the

British Parliament on July 4, 1947 and received the

Royal Assent on July 18, 1947. The act came into force

on August 15, 1947.

10. The boundaries between the two Dominions were

determined by a Boundary Commission headed by

Radcliff. Pakistan included the provinces of West

Punjab, Sind, Baluchistan, East Bengal, North-Western

Frontier Province and the district of sylhet in Assam.

2 Making of the Constitution

DEMAND FOR A CONSTITUENT ASSEMBLY

It was in 1934 that the idea of a Constituent Assembly for India

was put forward for the first time by M.N. Roy, a pioneer of

communist movement in India. In 1935, the Indian National

Congress (INC), for the first time, officially demanded a

Constituent Assembly to frame the Constitution of India. In 1938,

Jawaharlal Nehru, on behalf the INC declared that ‘the

Constitution of free India must be framed, without outside

interference, by a Constituent Assembly elected on the basis of

adult franchise’.

The demand was finally accepted in principle by the British

Government in what is known as the ‘August Offer’ of 1940. In

1942, Sir Stafford Cripps, a Member of the Cabinet, came to India

with a draft proposal of the British Government on the framing of

an independent Constitution to be adopted after the World War II.

The Cripps Proposals were rejected by the Muslim League, which

wanted India to be divided into two autonomous states with two

separate Constituent Assemblies. Finally, a Cabinet Mission1 was

sent to India. While it rejected the idea of two Constituent

Assemblies, it put forth a scheme for the Constituent Assembly

COMPOSITION OF THE CONSTITUENT ASSEMBLY

The Constituent Assembly was constituted in November 1946

under the scheme formulated by the Cabinet Mission Plan.

The features of the scheme were:

1. The total strength of the Constituent Assembly was to be

389. Of these, 296 seats were to be allotted to British India

and 93 seats to the princely states. Out of 296 seats allotted

to the British India, 292 members were to be drawn from the

eleven governors’ provinces2 and four from the four Chief

Commissioners’ provinces3 , one from each.

2. Each province and princely state (or group of states in case

of small states) were to be allotted seats in proportion to

their respective population. Roughly, one seat was to be

allotted for every million population.

3. Seats allocated to each British province were to be divided

among the three principal communities–Muslims, Sikhs and

General (all except Muslims and Sikhs), in proportion to their

population.

4. The representatives of each community were to be elected

by members of that community in the provincial legislative

assembly and voting was to be by the method of

proportional representation by means of single transferable

vote.

5. The representatives of the princely states were to be

nominated by the heads of the princely states.

It is, thus, clear that the Constituent Assembly was to be a

partly elected and partly nominated body. Moreover, the members

were to be indirectly elected by the members of the provincial

assemblies, who themselves were elected on a limited franchise4 .

The elections to the Constituent Assembly (for 296 seats