law

1. The Indian Independence Act,
1947
The Provisions of the Act :
The Act provided for the creation of
two independent Dominions. India and
Pakistan from 15th August 1947
 Each Dominion was to have a
Governor General appointed by the King

2.  The Constituent Assemblies of both
Dominions were empowered to frame
laws for their respective territories till
the new Constitution came into force
 After August 15, 1947 the British
Government was not to control the
Dominion or the Provinces

3.  For the time being till the new
Constitution were framed, each of the
Dominions and the Provinces were to be
governed by the Government of India
Act 1935
 The Post of Secretary of the State for
India was to be abolished and was taken
over by Secretary of the Commonwealth
of Nations
 The Act proclaimed lapse of British
paramount over Indian States

4.  The framing of the New
Constitution
 Drafting committee of 7 members was
set up under the Chairmanship of Dr.
B.R. Ambedkar
 The Draft Constitution was published
in January 1948
 8 months were given for the
discussion on the Draft to the people
of India

5.  The New Constitution of India was
adopted by the Constituent Assembly
on 26th November 1949 and signed by
the President Dr. Rajendra Prasad
 The date of commencement of
Constitution of India is 26th January
1950

6. The nature of Indian
Constitution
 Federal Constitution :
1. Division of Powers :
 There is division of powers between the
Federal and the State Governments and
 both are independent in their own
spheres
 The federal and State governments are
not subordinate to one another
2. Supremacy of the Constitution – a
federal state derives its existence from
the Constitution

7.  In Federal State Constitution is the
supreme law of the land
3. Written Constitution :
 Must be a written Constitution
 The foundations of a Federal State
are complicated contracts
 Hence the terms of the Constitution
must be in writing
 Written Constitution provides to
maintain the supremacy of the
Constitution

8. 4. Rigidity
 A natural corollary of a written
Constitution is its rigidity
 The procedure of amendment is very
complicated and difficult
 But it can be altered following due
process
 Constitution as a permanent
document, it should not be easily
amended
 The rigid method of amending process
protects the supremacy of the
Constitution

9. 5. Authority of courts
 Legal supremacy is important feature of
federal Constitution
 Division of powers is equally applicable
for two sets of Governments
 Independent and Impartial Judiciary is
the basic feature of Indian Constitution
 Supreme Court is the interpreter of the
Constitution
 The provision of Constitution which are
concerned with federal principles cannot
be altered without the consent of the
majority of the States

10.  Unitary Constitution :
 The powers are centralised in one
government viz the Central
Government
 The provinces are Subordinate to the
Center