UNIVERSITY REGISTRATION NO - L03-1211-0088-19

UNIVERSITY ROLL NUMBER - L03/LLB/191342

NAME OF EXAM - 5 YEAR BA LLB Course
SEMESTER - POLITICAL SCIENCE
DATE - 09/08/2021

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Question 8 :

A)

With 448 articles in 25 parts, 12 schedules, 5 appendices, and 98 amendments, the Constitution
of India is the longest written constitution of any independent country in the world. It was
adopted on November 26, 1949, while it came into force on January 26, 1950, when all the
members of the Constituent Assembly signed the documents.

The Indian Constitution was not typeset or printed but was handwritten and calligraphed in both
English and Hindi by Prem Behari Narain Raizada. The original copies of the Constitution are
now kept in special helium-filled cases in the Library of the Parliament of India.

The Indian Constitution is known as a bag of borrowings and draws its features from the
Constitutions of many countries. Dr BR Ambedkar rightly said that it was created after
ransacking the known Constitutions across the world.
Ambedkar emphasized on religious, gender and caste equality, and introduced the reservation
system in the Constitution of India to create a social balance amongst the classes.

Borrowed features of Indian Constitution

Here are the borrowed features of the constitution of India:

Government of India Act of 1935

1. Federal Scheme

2. Office of Governor

3. Judiciary

4. Public Service Commissions

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5. Emergency provisions

6. Administrative details

British Constitution
1. Parliamentary government

2. Nominal Head President (who will perform like the Queen)

3. Post of Prime Minister

4. Lower House more powerful

5. Single citizenship

6. Cabinet system

7. Prerogative writs

8. Parliamentary privileges

9. Bicameral Parliament

10. Speaker of Lok Sabha

11. Rule of Law

12. Legislative procedure

Ireland's Constitution

1. Concept of Directive Principles of State Policy (Ireland had borrowed it from Spain)

2. Nomination of members to Rajya Sabhaby the President

3. Method of election of President

United States of America's Constitution

1. Written Constitution

2. Impeachment of the President

3. Supreme Court

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4. Provision of States

5. Functions of President and Vice-President

6. Removal of Supreme Court and High Court judges

7. Fundamental Rights

8. Judicial review

9. Independence of Judiciary

10. Preamble of the Constitution

South African Constitution

1. Procedure for amendment of the Constitution

2. Election of members of Rajya Sabha

Canada's Constitution
1. Federation with a strong Centre

2. Vesting of residuary powers in the Centre

3. Appointment of state governors by the Centre

4. Advisory jurisdiction of the Supreme Court

French Constitution

1. The ideals of Republic in the Preamble

2. The ideals of liberty in the Preamble

3. The ideals of equality in the Preamble

4. The ideals of fraternity in the Preamble

Australia's Constitution
1. Concurrent List

2. Freedom of trade

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3. Commerce and intercourse

4. Joint sitting of the two Houses of Parliament

5. The language used in the Preamble

Soviet Constitution (USSR, now Russia)

1. Fundamental duties

2. The ideal of justice (social, economic and political) in the Preamble

3. Five-Year Plans

Germany's Constitution

1. Suspension of Fundamental Rights during the emergency

Question 8 :

B)

Following are the salient features of the Indian Constitution:

1. Lengthiest written Constitution in the World
The Constitution of India is the lengthiest written Constitution in the World. It is because not only
the essential rights are given under it but detailed administrative instructions are also given
under it. Our constitution has given the place to various organizations like Civil services (under
Article 308- 323).
One of the other reasons why this Constitution is so huge is because there is a single
Constitution for the entire India. India is a huge country and it needed detailed rules to be
applied to various parts of the States. Due to this a massive constitution is made.
2. Made from many different sources
​Different parts of our Constitution are taken from various countries. The maker of our
Constitution took the structural part of the Constitution from the Government of India Act, 1935.
​Following are the various sources of Indian Constitution:
a. United States of America
Fundamental Rights,
Independence of Judiciary,
Judicial Review,
Impeachment of President and Supreme Court Judges.
b. United Kingdom
Single Citizenship,
Parliamentary system of Government,
Rule of Law,
Prerogative writs

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c. Canada Constitution
Quasi Federal Government system,
Appointment of Governors.
d. Australia Constitution
Concurrent List,
Joint sitting of 2 houses of the Parliament,
Freedom of Trade.

e. USSR
Fundamental duties,
Social, Economic and Political Justice.
f. Ireland
Directive Principles of State Policy,
Election of President.
g. Germany
Emergency provisions like Suspension of Fundamental Rights during an emergency.
h. France:
​Republic
i. South Africa
Amendment of Constitution
Election of members of Rajya Sabha.
j. Japan
​Procedure established by law.
3. Universal Adult Franchise
Our Constitution makers gave the right to vote to every citizen of India who was above 21 (now
age is 18). The western democracy took many years while giving this right to everyone.
4. Single Citizenship
Indian Constitution has the provision of Single Citizenship. This means that anyone who takes
the citizenship of some other country will automatically lose the citizenship of India. This
concept of Citizenship is taken from the British Constitution. There are various benefits which
citizens can enjoy by simply being a citizen. Right to vote, get elected to posts like President,
Member of Parliament are all only available for the citizens of India.
5. Free Judiciary
The Judiciary is free to give decisions and is not dependent on the government in India. An
independent Judiciary is very much needed in a democracy. It protects its citizens from the
arbitrary acts of the governments. There are various Fundamental rights which are given under
the Constitution. The Judiciary has to enforce these fundamental rights using its power under
article 32 and article 13.
6. Quasi Federal Constitution
Quasi federal means it seems to be federal but it is not completely federal as it is having some
serious tilt towards the central government. In times of emergency, the Central government has
much more powers than the State Governments.
7. Parliamentary form of Government

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This form of governance is adopted from the British Constitution. India adopted it because she
was experienced in following this form of government. This is often called a Westminster form of
government. In this type of government, the executive is responsible and answerable to the
legislature through various methods and forms.
​8. A mixture of Rigidity and Flexibility
​Under the constitution, it is seen that there are many provisions which can be amended by a
simple majority in the Parliament. At the same time, there are various provisions under Article
368 which need a special majority, especially the matters which are affecting the policies of the
State government.
9. Directive Principles of State Policy
​These are some principles which are given under Article 36 to 51. These principles are
providing a guideline to the State to create policies which are essential for the Welfare of the
People. Although these principles are not justifiable in the Court then also the State has created
various laws due to which some of these principles are Constitutional rights now. The biggest
example of this is Right to Education under the Article 21 A. Before this was a part of Directive
principle but now there is a law made and added in Fundamental Rights to make it justiciable
right.
10. Fundamental Duties
These duties were not part of the original Constitution but later there was a need felt for these
duties. Taking inspiration from the USSR the government of India added 11 Fundamental Duties
under Article 51 A in the Constitution. They were added as part of the 42nd Constitutional
amendment in the year 1976. There was a need felt by the State that the citizens of India must
follow these principles to show respect to our Nation.
11. Fundamental Rights
Fundamental rights are given under Part 3 of the Indian Constitution (Article 12-35). They are
the Universal rights which are given to each citizen of India. Article 15, 16, 19, 29 and 30 are
available for all the citizens of India. Article 14, 20, 21, 21A, 23, 24 and 25-28 are given to
everyone who is living in this country except to the citizens of enemy countries.
​Let us understand every fundamental right one by one:
​There are 6 Fundamental rights which are given by the Indian constitution. Initially, there were 7
but Article 31- Right to property was removed from the fundamental rights (44th Amendment)
and was added as a statutory right in Article 300 A.
a. Right to Equality (Article 14-18): Right to equality is a group of 5 Articles which is given
under the constitution. These 5 Articles are as follows:
1. Article 14: Equality before the law and equal protection of Laws
2. Article 15: Prohibition of Discrimination Against Citizens
3. Article 16: Equality of opportunity in Public Employment
4. Article 17: Abolition of Untouchability
​5. Article 18: Abolition of Titles
​Article 14 covers all the persons who are living in India, whereas the other 4 rights in this part
are only for the citizens of the country. This right gives the guarantee to every citizen that the
state will not discriminate between its citizens. All citizens will get equality before the law and
equal protection of the law.

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Article 15 of the Indian constitution prohibits the discrimination by the State on any of the
specified grounds namely, religion, race, caste, sex or place of birth.
Article 16 of the Indian constitution gives, “equality of opportunity for all citizens in matters
relating to employment or appointment to any office under the state.”
Article 17 abolishes the Untouchability and makes it a criminal offence. The government of India
enacted various laws for the effective implementation of this article like Schedule Caste and
Scheduled Tribes (Prevention of atrocities) Act 1989.
Article 18 abolishes titles. It prohibits the state from giving any titles to any person except
military and academic titles. This article also stops Indian citizens from accepting any titles from
any other foreign countries.
b. Right to Freedom (Article 19 – 22 ): Under Article 19(1), there are 6 Fundamental freedoms
given to the citizens of India:
Freedom of Speech and Expression;
Freedom to assemble peaceably and without arms;
Freedom to form associations or Unions or [Cooperative Societies];
Freedom to move freely throughout the territory of India;
Freedom to reside and settle in any part of the territory of India;
Freedom to practise any profession, or to carry any occupation, trade or business.
​These above freedoms are not absolute; they are subject to reasonable restrictions.
​
Article 20 protects in respect of conviction for offences:
Ex-post facto Laws: Laws made after the happening of an offence
Double Jeopardy: No person shall be punished for an offence more than once.
Self-incrimination: No person accused of any offence shall be compelled to be a witness against
himself.

Article 21 says that no person shall be deprived of his right to life and personal liberty except
according to the procedure established by law. This right is available to the citizens and
Foreigners both.
​
Article 22 of the constitution gives protection against arrest and detention. This article talks
about minimum procedural requirements that must be included in any law enacted by the
Legislature following which a person may be deprived of his life and personal liberty.
c. Right Against Exploitation (Article 23-24): Article 23 prohibits traffic in human beings and
forced labour. This is made a punishable offence under the law.
Article 24 prohibits the employment of children in factories. No child below the age of 14 years is
allowed to work in any factory or mine or any other hazardous employment.
d. Right to Freedom of Religion (Article 25-28): Article 25 of the constitution provides freedom
of conscience and free profession, practice and propagation of religion. This article is subject to
public order, morality and health.
Article 26 of the constitution gives the freedom to manage religious affairs to everyone. Every
religious entity can establish institutions for religious and charitable purposes. They can also
own property.

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Article 27 gives the freedom from payment of taxes for promotion and maintenance of any
religion or religious institution.
Article 28 of the constitution bans the use of educational institutions which are funded by the
state for the religious instructions. This provision won’t be invoked if the educational institution is
run by a trust.
e. Cultural and Educational Rights (Article 29-30) : This part of the constitution is important for
the preservation of the diverse languages and different beliefs of the nation.
Article 29 guarantees the protection of language, script and culture for all the citizens of the
country who are living in the country.
Article 30 of the constitution gives the right to establish and administer the educational
institutions of the minorities.
f. Right to Constitutional Remedies (Article 32):This is the most important right of the constitution
of India as without this right all other rights will never work. This is the right to move to the
Supreme Court for the enforcement of Fundamental Rights.
This article gives the right power to the Supreme Court to issue directions or orders or writs
including writs like habeas corpus, mandamus, prohibition, quo warranto and certiorari for the
enforcement of the rights given in part 3 of the constitution.

Habeas corpus is issued for the ultra Vires detention or imprisonment of a person by a private
person or the government.
​
Mandamus means command. This writ commands the person to perform some public or
quasi-public legal duty which he has refused to perform.

Prohibition is issued by the Supreme Court or High Court to lower courts forbidding them to
discontinue proceedings in a case which is outside its jurisdiction.

Certiorari is issued against the decision of a lower court quashing its decision where it is acting
beyond its jurisdiction.

Quo Warranto is issued by the court when it inquires into the legality of the claim of a person to
public office and if the office is found in wrong possession then that person is removed.

Question 9 :

A)

As mentioned, the concept of democracy is visualized by people's representation at both the

parliament and state elections. The Supreme Court held that democracy is an undeniable
essential feature of the constitution of India.

It conducts elections for all 543 parliamentary constitutions. As India is a very diverse country
having citizens who belong to various religions, races, castes, and other groups of minorities,

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we need to provide equal opportunity and representation in the electoral system. To make sure
we accommodate all our citizens without any discrimination, the Election Commission allows
specific constituencies for minorities and women candidates. The President of India is also
vested with the power to nominate two members from the Anglo-Indian Community to the Lok
Sabha to represent their community under Article 331 of the constitution of India.

In Rajya Sabha, the President of India can nominate 12 members.

The Election Commission has complete authority on how, where, and when to conduct an
election without any interference from the executive (The elected representative of the people),
whether it is general election or by-election.

Functions of the Election Commission of India

ECI is responsible for a free and reasonable election
It ensures that political parties and candidates adhere to the Model Code of Conduct
Regulates parties and registers them as per eligibility to contest in elections
Proposes the limit of campaign expenditure per candidate to all parties and monitors the same.
It is mandatory for all political parties to submit annual reports to the ECI in order to be able to
claim the tax benefit on the contributions.
Guarantees that all political parties regularly submit audited financial reports.
The main duties of the Election Commission are:

Supervise, control and conduct all elections to Parliament and State Legislatures
Set general rules for election.
Prepare electoral rolls
Determine the territorial distribution of constituencies
Give credit to political parties.
Allot election symbols to political parties or candidates
Appoint tribunals for the decision of doubts and disputes arising out of an election to Parliament
and State Legislatures.

Question 9 :

B)

The urban local government which works for the development of any Metropolitan City with a
population of more than one million is known as the Municipal Corporation in India. The
members of the Municipal Corporation are directly elected by the people and are called
Councillors.

The Twelfth Schedule of the Constitution lists the subjects that municipal corporations are
responsible for. Corporations may be entrusted to perform functions and implement schemes
including those in relation to the matters listed in the Twelfth Schedule.

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Urban planning including town planning.
Regulation of land-use and construction of buildings.
Planning for economic and social development.
Water supply for domestic, industrial and commercial purposes.
Public health, sanitation conservancy and solid waste management.
Fire services.
Urban forestry, protection of the environment and promotion of ecological aspects.
Safeguarding the interests of weaker sections of society, including the handicapped and
mentally disabled
Slum improvement and upgradation.
Urban poverty alleviation.
Provision of urban amenities and facilities such as parks, gardens, playgrounds.
Promotion of cultural, educational and aesthetic aspects.
Burials and burial grounds; cremations, cremation grounds and electric crematoriums.
Cattle pounds; prevention of cruelty to animals.
Vital statistics including registration of births and deaths.
Public amenities including street lighting, parking lots, bus stops and public conveniences.
Regulation of slaughterhouses and tanneries

Question 7 :

A)

Clement Richard Attlee, who had assisted Sir John Allsebrook Simon in the famous ‘Simon
Commission,’ had become the Prime Minister of the United Kingdom in 1945. Since Clement
Attlee was always an advocate of free India, he played a key role in the eventual formulation of
the act. On February 20, 1947, Prime Minister Attlee came up with an important announcement.
According to the announcement, the British Government would likely grant India the power to
form its own self-government by June 1948. Attlee’s announcement also stated that the date for
the final transfer of power will be decided first, after which a call would be taken to decide the
fate of the Princely States. On March 18, 1947, Clement Richard Attlee wrote a letter to the then
and last Viceroy of India, Lord Mountbatten. In the letter, he had mentioned that His Majesty’s
Government’s intention was not to bring paramountcy as a system. He also stated that Lord
Mountbatten was authorized to take a call while entering into negotiations with the Princely
States of India.

The Indian Independence Act was passed in 1947. The act created two new independent
dominions; India and Pakistan. Pakistan was split into Pakistan and East Pakistan which is now
Bangladesh. The Bengal and Punjab provinces were partitioned between the two new countries.
These dominions separated the Muslim, Hindu and Sikh population and caused the biggest
forced migration which has ever happened that was not the result of war or famine. The Act
repealed the use of ‘Emperor of India' as a title for the British Crown and ended all existing

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treaties with the princely states. Lord Mountbatten continued as Governor-General and
Jawaharlal Nehru was appointed India's first Prime Minister, Muhammad Ali Jinnah became
Pakistan's Governor-General and Liaquat Ali Khan its Prime Minster. The 15th August 1947 has
since become celebrated as India' and Pakistan's Independence Day.

Provisions of the Indian Independence Act, 1947

There were six primary provisions in the ‘Indian Independence Act’ 1947.

The first provision stated that British India will be divided into two fully sovereign dominions of
Pakistan and India and that the newly formed dominions can form their own government with
effect from August 15, 1947.
The second provision stated that the provinces of Bengal and Punjab will be divided between
the two newly created countries. It also indicated that Western Punjab, Eastern Bengal,
North-West Frontier Province, and Sindh would be given to Pakistan.
The third provision made sure the Crown continues its authority in some form or the other; it
stated that the office of the Governor-General will be established in the newly formed countries.
It also stated that it was not mandatory for India or Pakistan to become a member of the ‘British
Commonwealth of Nations,’ but the Governor-General will be assigned the responsibility of
being the representative of the Crown in both the nations.
According to the fourth provision, complete legislative authority will be conferred upon the
respective Constituent Assemblies of both the newly created countries.
The fifth provision was the most important provision for the Princely States of India and Pakistan
as it decided the fate of the Princely States. According to the provision, British suzerainty would
be terminated over the princely states on August 15, 1947. It further added that the British
government recognizes the rights and free will of the princely states to either join one of the two
new dominions or remain independent if they wish to run their own government.
The next provision stated that the British monarch can no longer use the title the ‘Emperor of
India.’ On June 22, 1948, King George VI announced his royal proclamation, which said that no
British monarch can be conferred with the title ‘Emperor of India’ with effect from June 22, 1948.

The British government left India on 15th August, 1947.

● India will be divided into two sovereign states of India and Pakistan and both these
states will become sovereign on this very day.
● The powers previously exercised by the British government in India will be transferred to
both these states.

● Punjab and Bengal will be divided and its territories will be demarcated by a boundary
commission to be headed by Mr. Redcliff.

● The Office of the Secretary of State for India will be abolished.

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 ● Provision was made for the Governor-General for each dominion, who was to be
appointed by the Queen of England on the advice of the Dominion government. He was
not to act in his individual judgment or discretion but will act merely as constitutional
head of the state.

● Each Dominion was to have a sovereign legislature for rule making purposes. No law
made by British Parliament was automatically to apply to India.
● A bill passed by the Dominions legislature could not be disallowed by His Majesty.

● Both the Dominions will have their own Constituent Assemblies, which will act as their
legislatures as well.

● Till such time as the Constitution was framed by the Constituent Assembly in any
Dominion, it will work as near the Act of 1935 as possible.

● Governors of the Provinces were to act as constitutional heads of the provinces.

● Reservation of posts for Secretary of State was to discontinue. Those civil service
personnel who wanted to resign after transfer of power to both the dominions were to be
allowed to do so.

● Paramountcy of Britain over Indian states and tribal areas was to come to an end on
15th August, 1947. In their case power was not to be transferred to dominions, but it was
left to the states to decide whether they would like to join India or Pakistan.

● Relations of the British government with India henceforth were to be conducted through
the Commonwealth Relations Office.

● The King of England was to drop the title of King Emperor of India.

● The territories of Pakistan were to include Eastern Bengal, Western Pakistan, Sindh and
British Baluchistan. In case the people of NWFP in a referendum decide to join Pakistan,
that territory will also join Pakistan.

The Act brought India on the threshold of a new era where both the Dominions were to share
their own responsibilities without any super power patronage. Lord Attlee said in the House of
Commons that, “It is the culminating point in a long course of events.” Dawn which represented
Muslim view point in those difficult days called it as “momentus and unique piece of legislation”.

Lord Samuel called it “a treaty of peace without war”. The Hindustan Times characterised it as
the noblest and the greatest law ever enacted by British Parliament. Dr. Rajendra Prasad in his
India Divided says, “The period of domination of British over India ends today and our
relationship with Britain is henceforth going to rest on a basis of equality, of mutual goodwill and
mutual profit.

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Of course, the Act provided for the freedom of India and the struggle of our freedom-fighters
bore fruit but it was quite unfortunate that the people of both the Dominions had to undergo
untold sufferings and miseries after the partition of the country. It was a period in which inhuman
and un-human acts were committed in the name of religion. Life, respect and property of none
else but the goondas was safe.

All the crimes which religion forbade were committed to glorify that. Not only this, but the
scheme was deliberately made mischievous insofar as Indian states were concerned. In fact,
Britain left more than 567 independent India’s. It needed a person of will, determination and
far-sightedness of Sardar Patel who could undo the mischief and knit them in the fabric of one
polity and merge them with Indian Union.

On the whole, the Act ended the agonies of freedom-fighters and threw upon them the gigantic
task of giving a new constitution to India, which could take the nation on the path of peace and
prosperity and end the poverty of masses.

But the hope that after the partition of the country India and Pakistan will live in perfect harmony
proved to be a wishful thinking only. Even after the partition of the country both nations did not
live like good neighbours – thanks to the negative attitude of Pakistan towards India. Communal
harmony could not be perfectly achieved

Question 7:

B)

The act provided for the end of the British Rule in India on 15 August 1947 and the
establishment of two Dominions of India and Pakistan. The two Dominions were given the right
to secede from the British Commonwealth

The enactment of the Indian independence Act 1947 was an event of great constitutional
significance. As Attlee put it was “the fulfilment of the British mission” in India, the “Culminating
point in a long course of events”. Similarly Lord Samuel described the Act, in the House of
Lords, as “a treaty of peace without war”. Even the Indian leaders hailed the enactment of this
Act. For example Dr. Rajendra Prasad said the period of domination of British over India ends
today and our own relationship with Britain is henceforth going to rest on a basis of equality, or
mutual good will and mutual profit.

The Act marked the beginning of a new era of free India but a sizable population of people and
leaders were unhappy with this. As Maulana Abul Kalam Azad had observed ‘the 14th August
was for the Muslims of Pakistan a day of rejoicing. For the Hindus and Sikhs it was a day of
mourning. Again the termination of the British Paramountcy over the Indian States and the
conceding of right to accede to their Dominion or remain independent, posed a serious threat to
the unity of the Country.

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Despite these defects, it cannot be denied that the Indian Independence Act of 1947 closed the
chapter of British rule In India and ushered in the dawn of a free India.

Question 10:

A)
Simon Commission, a group appointed in November 1927 by the British Conservative
government under Stanley Baldwin to report on the working of the Indian constitution
established by the Government of India Act of 1919. The commission consisted of seven
members—four Conservatives, two Labourites, and one Liberal—under the joint chairmanship
of the distinguished Liberal lawyer, Sir John Simon, and Clement Attlee, the future prime
minister. Its composition met with a storm of criticism in India because Indians were excluded.
The commission was boycotted by the Indian National Congress and most other Indian political
parties. It, nevertheless, published a two-volume report, mainly the work of Simon. Regarded as
a classic state document, the report proposed provincial autonomy in India but rejected
parliamentary responsibility at the centre. It accepted the idea of federalism and sought to retain
direct contact between the British crown and the Indian states. Before its publication its
conclusions had been outdated by the declaration of October 1929, which stated that dominion
status was to be the goal of Indian constitutional development.
Background- The Government of India Act 1919 had introduced the system of diarchy to govern
the provinces of British India. The Indian public clamour for revision of this form of government,
and the Government of India Act 1919 itself stated that a commission would be appointed after
ten years to investigate the progress of the governance scheme and suggest new steps for
reform. In the late 1920s, the Conservative government then in power in Britain feared imminent
electoral defeat at the hands of the Labour Party, and also feared the effects of the consequent
transference of control of India to such an "inexperienced" body. Hence, it appointed seven MPs
to constitute the promised commission to examine the state of Indian constitutional affairs.

Some people in India were outraged and insulted that the Simon Commission, which was to
determine the future of India, did not include a single Indian member. The Indian National
Congress, at its December 1927 meeting in Madras (now Chennai), resolved to boycott the
Commission and challenged Lord Birkenhead, the Secretary of State for India, to draft a
constitution that would be acceptable to the Indian populace. A faction of the Muslim League,
led by Mohammed Ali Jinnah, also decided to boycott the Commission. However, opinion was
divided, with support for co-operation coming from some members of the Muslim League and
also both Hindus and members of the Central Sikh League.An All-India Committee for
Cooperation with the Simon Commission was established by the Council of India and by
selection of the Viceroy, Lord Irwin. The members of the committee were: C. Sankaran
Nair(Chairman), Arthur Froom, Nawab Ali Khan, Shivdev Singh Uberoi, Zulfiqar Ali Khan, Hari
Singh Gour, Abdullah Al-Mamun Suhrawardy, Kikabhai Premchand and M. C. Rajah. In Burma
(Myanmar), which was included in the terms of reference of the Simon Commission, there was
strong suspicion either that Burma's unpopular union with India would continue, or that the

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constitution recommended for Burma by the Commission would be less generous than that
chosen for India; these suspicions resulted in tension and violence in Burma leading to the
rebellion of Saya San. Simon Commission- The Indian Statutory Commission was a group of
seven British Members of Parliament of the United Kingdom under the chairmanship of Sir John
Simon assisted by Clement Attlee. The commission arrived in British-occupied India in 1928 to
study constitutional reform in Britain's most important colonial dependency. It was commonly
referred to as the Simon Commission after its chairman, Sir John Allsebrook Simon. One of its
members was Clement Attlee, who became committed to Indian independence by 1934 and
achieved that goal as Prime Minister in 1947 in the granting of independence to India and
Pakistan At the time of introducing the Montagu–Chelmsford Reforms the British Government
declared that a commission would be sent to India after ten years to examine the effects and
operations of the constitutional reforms and to suggest more reforms for India.

In November 1930 the British government appointed a commission under the chairmanship of
Sir John Simon to report on India's constitutional progress for introducing constitutional reforms
as had been promised. Members of the Commission- ▪ Sir John Simon ▪ Clement Attlee ▪ Harry
Levy-Lawson, 1st Viscount Burnham ▪ Edward Cadogan ▪ Vernon Hartshorn ▪ George Lane-Fox
▪ Donald Howard, 3rd Baron Strathcona and Mount Royal Recommendations of Simon
Commission- The recommendations of the Simon Commission were published in May 1930.
They were as follows: 1. Dyarchy in the provinces should be abolished and ministers should be
made responsible to the provincial legislatures in all departments, including the department of
law and order. 2. The Governor was to retain the special powers for the safety and tranquility of
the province and for the protection of the minorities. 3. He would also have full powers of
intervention in the event of breakdown of the constitution. 4. The Franchise was to be extended
and legislatures were to be enlarged. 5. At the centre, a Federal assembly would be constituted
on the basis of representation of the provinces and other areas as per the population. 6. The
council of state would continue as the Upper House but its members would be chosen not on
the basis of direct election but on the basis of indirect election by the Provincial councils. 7. No
change in the central executive. 8. The all India federation was not considered a practical idea
for immediate execution. 9. Burma should be separated from the British India and should be
provided a constitution of its own.
Reaction Against Simon Commission-
One month before publication of Simon Commission Report in April 1930, Indian National
Congress and All India Muslim League started to show their severe resentment of Simon

Commission Report, Quaid-e-Azam, in argument of his resentment against Simon Commission

Report said:
‘As no Indian has been taken in Simon Commission, neither Commission report can be
accepted nor any cooperation could be extended with it. The Simon Commission should go
back’.
Large scale resentment broke out all over India against the Report of Simon Commission,
protesting demonstrations took place, non-cooperation was shown, and riots carried on the

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large scale and for suppressing them police action took place. Consequently many injured and
as a result of injury to a Hindu Leader Lala Lajpat Rai, the central assembly of Lahore was
bombed.
Conclusion- Simon Commission was constituted under the leadership of Sir John Simon to look
into the functioning of the constitutional system in India and suggest changes. It was officially
known as ‘Indian Statutory Commission’ and consists of four conservative, two Labourites and
one liberal member from the British Parliament. The Commission did not have a single Indian
member. Hence, at their arrival they were greeted with the slogan ‘Go back Simon’. In order to
overcome the protest, the viceroy, Lord Irwin announced an offer ‘dominion status’ for India in
October AD 1929 and a Round Table Conference to discuss a future constitution.

Question 10:

D)

Panchayats System in West Bengal

The glimmering light of Swaraj is gradually spreading to every village. Panchayat Raj is an
interconnected and interdependent pattern of democracy, a system of sharing powers and
responsibilities with the people. The study has examined the role of Panchayati leadership in
realizing the objectives of West Bengal Panchayat Act 1994

Abstract
Panchayat Raj is an interconnected and interdependent pattern of democracy, a system of
sharing powers and responsibilities with the people. A brief discussion has been made on
Structure and Development of Panchayati Raj .

Meaning And Background

The glimmering light of Swaraj is gradually spreading to every village. Panchayat Raj is an
interconnected and interdependent pattern of democracy, a system of sharing powers and
responsibilities with the people.

The word ‘Panchayat’ is now used to mean a meeting of people for rural administrative,
developmental and judicial purposes.

Historical Evolution of Panchayat Raj System

In India, the Panchayati Raj generally refers to the system introduced by the constitutional
amendment in 1992, although it is based upon the traditional panchayat system of South Asia.
The modern Panchayati Raj and its Gram Panchayats are not to be confused with the
extra-constitutional Khap Panchayats (or Caste Panchayats) found in northern India. The
Panchayati Raj system was formalized in 1992.

I.Pre-Independence Period
i. Ancient Period

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ii. British Raj Period
iii. Chowkidari Panchayat
iv. Lord Ripon’s Resolution
v. District Board, Local Board And Union Committees
vi. Royal Commission
vii. Lahore Resolution
viii. Union Board
ix. Woodhead Commission

II. Post Independence Period

A. Provision of Panchayat In Constitution
b. Community Development Programme
c. Balwant Raj Mehta Committee Recommendations

The specific recommendations of the committee are:

● All planning and developmental activities should be entrusted to these bodies.

● The Panchayat Samiti should be the executive body while the Zila Parishad should be
the advisory, coordinating and supervisory body.

● The District Collector should be the Chairman of the Zila Parishad.

● There should be a genuine transfer of power and responsibility to these democratic

bodies.

● Sufficient resources should be transferred to these bodies to enable them to discharge

their functions and fulfil their responsibilities.

● A system should be evolved to effect further devolution of authority in future.

The present study makes an empirical analysis of the working of village panchayats in West
Bengal in leadership context . It is based on the study of the Village Panchayats.The study has
examined the role of Panchayati leadership in realizing the objectives of West Bengal New
Panchayati Act 1994 , with special reference to democratic decentralization , modernization ,
decision-making , and political linkage.

Question 2:

A)

Indian Council Act of 1861was institutionalized to serve the necessities of cooperation of Indians
in the administration of the country. The act restored the power of the Government and the

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composition of the Governor General’s council for executive & legislative Purposes. It was the
first instance in which the portfolio of the Council of Governor-General was incorporated.

● Lord Canning, The Viceroy and Governor-General had introduced the portfolio
assignment government system.
● To take over the Executive Functions of The Council a fifth member was
introduced. The Portfolios were divided into Home, Military, Law, Revenue and
Finance.
● The Public Works portfolio was added in 1874 with the addition of a Sixth
Member.
● The Governor-General’s Council was enlarged for legislative purpose and there
was the addition of six to twelve members all nominated by The
Governor-General.
● The nominated members were appointed for two years.
● At least half of the members were to be non-official members.
● Only legislative functions could be undertaken by them.
● Any Revenue, Military, Religion, Foreign Affairs Bill could not be passed without
the assent of The Governor-General.
● The Viceroy could overrule The Council if he felt necessary.
● The Governor-General had the power to promulgate Ordinances without the
approval of The Council during emergencies.
● Any Act passed by The Governor-General’s Council could be dissolved by The
Secretary of State for India.
● The Council’s Act (1861) reinstated the Legislative powers of the
Governor-in-Councils of the Presidencies of Madras and Bombay, which was
taken away by The Charter Act (1833).
● The legislative council of Calcutta had the power to make laws for the whole of
British India.
● There was also a provision made for the formation of legislative councils in other
provinces. New provinces could be created for purposes of legislation and
Lieutenant Governors would be appointed for them.
● The non-official members of the Executive Council were not too keen on
attending the meetings of the Council, and under the Act, they were not bound to
attend them also.
● Legislative Councils were formed in Bengal in 1862. Legislative Councils were
formed in North-West Frontier Province in 1886.
● Legislative Councils were formed in Punjab and Burma in 1897.
● The first three Indian nominated members nominated by Lord Curzon were The
Raja of Benaras, The Maharaja of Patiala and Sir Dinkar Rao, in 1862.
● Due to this act, the non-official appointed Indian Members increased and there
were 45 Indian’s appointed (1862-1892).
● The Council’s after the enactment of this act could fulfil the three-fold purpose
information, publicity and discussion.

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 ● The Governor-General had the power to appoint/nominate a President to
supervise/preside over the meetings The Executive Council in the absence of
The Governor-General.
● The Governor-General had the power/authority to make rules and regulations for
the Conduct of Business of The Executive Council.
● The passing of this act gave the people got a chance to put forth their problems.
● The Government also got a chance to explain to the people the merits of their
policy and how it could benefit them.

Question 2 :

B)

Critical Examination of the Indian Councils Act 1861/ How far was it successful
The Act of 1861 was important in constitutional history because it enabled the
Governor-General to associate the people of the land with work of legislation. And by vesting
legislative powers in the Governments of Bombay and Madras which ultimately culminated in
grant of almost complete internal autonomy to the provinces in 1937. It helped the Governor
General to associate non official Indians for purposes of legislature. The Central and Provincial
Council fulfilled the three fold purpose of publicity, discussion and information. The people got
an opportunity to put forward their grievances and the government got an opportunity to defend
its policy.
However, it is to be noted that the non official members of the committee were to be nominated
by the Viceroy and not elected by the people. These non official members were either princes or
their dewans or big zamindars or retired officials and not the natural leaders of the people who
could really reflect and mirror their views and aspirations. The non officials members did not
show much interest in the meetings of the council as a matter of fact they showed utmost
reluctance to come and utmost hurry to leave from such meetings and thus the legislative
councils were merely talk shops with no power to criticize the administration or ask for some
information. Their scope was fixed for legislation purposes alone; they had no right to move
some kind of vote of no confidence. Further, there was no statutory / specific provision for the
nomination of Indians.

The Act of 1961 was considered to be a retrograde measure. The right of asking questions and
the right to deliberate on matters of policy was given to it. Legislative councils were like
committees for making law. The executive government by means of these committees obtained
advice and assertion in their legislators. The council could not deliberate about any subject, they
could not enquire into grievances called for information or examine the conduct of the executive.
This Act could have made real progress towards giving a representative government to the
country like India. Though different changes were introduced in this Act, it was not enough to
satisfy the Indian People.

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