Laws of Development of the Indian Constitution


Fifth Phase :

Government of India Act 1935:

·       Most of the provisions of the Constitution of India are derived from this Act.

·       This law is described as a 'copy' or 'matrix' of the Constitution of India.

·       There are 321 provisions and 10 schedules in this Act.

·       The law introduced the "All India Federal System" in India.

     Note: 'Confederation' is called 'Federation' in English.

·       The English word 'federation' is derived from the Latin word 'Fodas'.

·       'Fodus' means 'Agreement'.

 Federal features:

·       There are two types of government, central and state.

·       The division of powers between these two governments.

·       Written constitution.

·       Strict constitution.

·       An Independent Judiciary.

·       Jurisdiction.

·       The height of the Constitution.

·       Following this Act, the division of power between the Central and the States is as follows.

      1.     Articles in the Central List - 59

      2.   Articles in the State List - 54

      3.   Articles in the Joint List-36

·       Granted 'Essential Powers' to the Governor-General.

·       The law abolished dual government in the states and introduced responsible government.

·       This Act was the first in India to introduce a dual government system at the Center.

·       The Act introduced a bicameral system in the states.

 Note:

·       As a bicameral system, the Rajya Sabha is called the Upper House (Legislative Council) and the Lower House (Legislative Assembly).

·       Introduced in 6 of the 11 states in the country (Bombay, Bengal, Bihar, Madras,United Province, Assam).

·       By what law was the Federal Court established on 01 October 1935 in Delhi.

·       The law was enacted by the Reserve Bank of India in Bombay.

·       According to the law, women, workers, SCs and STs are allotted special constituencies in the legislatures.

·       For the first time in the country, women were given the right to vote under this law.

·       The Act established a 'Federal Public Service Commission' for government employees at the center and a 'Federal Public Service Commission' for government jobs in the states and a 'Provincial Public Service Commission' for the replacement of government employees in the states.

·       Establishment of a 'Joint Public Commission' for the recruitment of government employees in two or more states.

Cripps Embassy (1942-March 22):

Cripps' embassy sent the British government to India to seek Indian assistance during World War II.

Nominations:

·       The Commission was the first to propose that if the Indians provided assistance to the British during World War II, they would grant India a "temporary reprieve" immediately after the end of World War II and set up a Constituent Assembly to draft a constitution.

Criticism:

·       He described Mahatma Gandhi's creeps' proposals as' checks dated in front of a bankrupt bank '.

    Cabinet Mission: (23 March 1946)

·       Lord Clement Attlee, the leader of the Labor Party, sent a 'Cabinet Embassy' to India with the intention of giving India independence after coming to power in Britain.

·       Members of the Cabinet Mission:

 1. Lord Petick Lawrence (President)

 2. Sir Stafford Cripps

 3. Alexander P.V.

 Recommendations:

·       Elections to the Constituent Assembly will be held in June and July 1946, giving India independence after the Constitution of India is drafted.

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