Indian Polity: Sources of the Indian Constitution

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12 Questions

What was the tenure of the upper house known as the Council of States?

3 years

Which list divided the powers between the centre and provinces according to the Indian Constitution?

Concurrent list

How many members represented British India in the Federal Assembly's lower house?

250

Which concept states that everyone is equal before the law?

Rule of Law

How many writs are mentioned in the Indian Constitution for Constitutional Remedies?

5

Who holds the residuary powers as per the Indian Constitution?

Viceroy

What is the significance of the Government of India Act 1935 in relation to the Indian Constitution?

It served as a major influence in drafting the Indian Constitution of 1950.

Which of the following was not a source for the Government of India Act 1935?

Constitution of the United States

What was a significant feature of the Government of India Act 1935 related to the provinces?

Establishing dyarchy at both provincial and central levels

Which governmental position was newly established by the Government of India Act 1935?

Governor

What did the Government of India Act 1935 suggest about the legislature?

It recommended a bicameral legislature with Council of States and Federal Assembly.

How did the Government of India Act 1935 impact the executive powers in India?

All executive powers were vested in the Governor.

Study Notes

Government of India Act 1935

  • Established the Council of States as the upper house with a 3-year tenure, comprising 260 members (156 from British India and 101 from Princely Indian states)
  • Established the Federal Assembly as the lower house with a tenure of up to 5 years, comprising 250 representatives from British India and 125 members from Princely states

Provincial Autonomy

  • Enabled Provincial Governments to be responsible only to Provincial Legislatures, breaking free from external control and intrusion
  • Divided powers between the centre and provinces into three lists:
    • Federal list (59 items) for the Centre
    • Provincial list (54 items) for Provinces
    • Concurrent list (36 items) for both
  • Residuary powers were handed over to the Viceroy

Features of Indian Constitution from Great Britain

  • Parliamentary form of government:
    • Country is governed by a cabinet of ministers led by the Prime Minister
    • Prime Minister is the head of the government, while the President is the head of the state
  • Rule of Law:
    • States that a country is governed by the law, not by representatives or people
    • Everyone is equal before the law, even those making it
    • Article 14 of the Indian Constitution codifies the rule of law
  • Idea of a single citizenship:
    • A person born or migrated to Indian Territory can enjoy the political and civil rights of India alone
    • No dual citizenship is allowed
  • Writs:
    • Supreme Court and High Courts in India have the power to issue writs to make the Right to Constitutional Remedies available to citizens
    • Five types of writs: Habeas Corpus, etc.

Important Sources of the Indian Constitution

  • The Government of India Act 1935 was a significant source of the Indian Constitution
  • The Constitution was adopted by the Constituent Assembly on 26th November 1949 and came into effect on 26th January 1950

Test your knowledge on the important sources that contributed to the Indian Constitution. Explore how the Government of India Act 1935 shaped the Constitution adopted in 1950. Learn about the key historical events that led to the formation of the backbone of democracy in India.

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