Indian Polity: Sources of the Indian Constitution

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