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1. A) Why did the British Government introduce the Government of India Act 1858?
(8)

Main reasons for the passing of the Indian Government Act, 1858

(1) The Charter Act of 1853 had laid down that the company was to retain the territories and
the revenues in India in trust for the crown not for any specified period as preceding Charter
Acts had provided but only until Parliament should otherwise direct.

(2) Crisis of the 1857 Revolt gave the opportunity

The revolt made the English people more aware of the Indian situation and generated popular
support for the perpetuation as well as the recognization of British rule there.

•The crisis of 1857-58 gave a fillip to the demand that a trading company should not be allowed
to continue as a political power.

• When recognization took place after the crisis it furnished an opportunity for transferring
control from the company to the crown.

(iii) Since 1833, many English traders and settlers had also developed a vested interest in India.
their persistent complaint was that the Company had been neglecting their interests.

(iv) Both at home and in India there had been considerable pressure for the abolition of the
Company Raj and the establishment of crown rule.

(v) According to Lord Palmerston, the first defect of the company's rule was its utter
irresponsibility.

Another defect was the cumbersome, complex, and irrational nature of the system of double
government.

On 1st November 1858 a "Royal proclamation was holding the status (announce
officially on publicly) of the King or Queen issued by the Queen of England. The Company's
government was transferred to the British Crown and promised to run the Indian administration
for the welfare of Indian subjects. The proclamation had great Constitutional importance from
a historical point of view, as it was the end of the company's rule in India, and the beginning
of another era of direct rule by the British crown.

So the Government of India Act, of 1858 is a great landmark in the Constitutional

history of India.
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B) Effects of the Government of India Act 1858. (8)

1) East India Company was liquidated.

2) Indian territories of Britain were to be governed in the name of the British Queen.
3) The Court of Directors and the Board of Control were scrapped.
4) The powers of the Company’s Court of Directors were vested with the Secretary of
State for India.
5) This Secretary of State was to be a British MP and a member of the Prime Minister’s
cabinet. He was to be assisted by a council of 15 members.
6) He was also the channel of communication between the British government in Britain
and the Indian administration. He also had the power to send secret despatches to India
without consulting his council.
7) Via the Secretary of State, the British parliament could ask questions regarding Indian
affairs.
8) The representative of the British government in India was the Governor-General and
Viceroy (both the same person to avoid conflict).
9) The Viceroy and the governors of the various presidencies were appointed by the
Crown.
10) The Viceroy was to be assisted by an Executive Council.
11) This act made India a direct British colony.
12) This act abolished the dual government of the Pitts of the Act.
13) This act also ended the doctrine of lapse.
14) The Indian Civil Services was to be instituted for the administration of the country.
There was provision for Indians also to be admitted to the service.
15) It was decided that the remaining Indian princes and chiefs (more than 560 in number)
would have their independent status provided they accept British suzerainty.

2. A) “The legislature under the Government of India Act 1919 laid to a path of
quarter responsible government” Explain. (8)

Introduction
The Government of India Act 1919 was an act of the British Parliament that sought to
increase the participation of Indians in the administration of their country. The act was based
on the recommendations of a report by Edwin Montagu, the then Secretary of State for India,
and Lord Chelmsford, India’s Viceroy between 1916 and 1921. Hence the constitutional
reforms set forth by this act are known as Montagu-Chelmsford reforms or Montford
reforms.
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Principle Features of the Government of India Act 1919

Provincial Government

A. Executive:

1) Dyarchy was introduced, i.e., there were two classes of administrators –

Executive councilors and ministers.
2) The Governor was the executive head of the province.
3) The subjects were divided into two lists – reserved and transferred.
4) The governor was in charge of the reserved list along with his executive
councilors. The subjects under this list were law and order, irrigation, finance,
land revenue, etc.
5) The ministers were in charge of subjects under the transferred list. The subjects
included were education, local government, health, excise, industry, public
works, religious endowments, etc.
6) The ministers were responsible to the people who elected them through the
legislature.
7) These ministers were nominated from among the elected members of the
legislative council.
8) The executive councilors were not responsible to the legislature, unlike the
ministers.
9) The Secretary of State and the Governor-General could interfere in matters
under the reserved list but this interference was restricted to the transferred list.

B. Legislature:

1) The size of the provincial legislative assemblies was increased. Now about 70%
of the members were elected.
2) There were communal and class electorates.
3) Some women could also vote.
4) The governor’s assent was required to pass any bill. He also had veto power and
could issue ordinances also.
Central government

1) The chief executive authority was the Governor-General.

2) There were two lists for administration – central and provincial.
3) The provincial list was under the provinces while the centre took care of the central
list.
4) Out of the 8 members of the Viceroy’s executive council, 3 were to be Indian
members.
5) The governor-general could issue ordinances.
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6) He could also certify bills that were rejected by the central legislature.
7) The legislators could ask questions and also vote on a part of the budget.
8) Only 25% of the budget was subject to vote.
9) Rest was non-votable.
10) A bill had to be passed in both houses before it became law.
11) There were three measures to resolve any deadlock between both houses – joint
committees, joint conferences, and joint sittings.
12) The governor-general’s assent was required for any bill to become law even if both
houses have passed it.
13) He could also enact a bill without the legislature’s consent.
14) He could prevent a bill from becoming law if he deems it detrimental to the peace
of the country.
15) He could disallow any question, adjournment motion, or debate in the house.
2. (B) Why the dyarchy system introduced by the Act was a failure? (8)
Dyarchy system:
dyarchy, also spelled diarchy, system of double government introduced by the Govt. of
India Act (1919) for the provinces of British India. It marked the first introduction of the
democratic principle into the executive branch of the British administration of India. Though
much-criticized, it signified a breakthrough in the British Indian government and was the
forerunner of India’s full provincial autonomy (1935) and independence (1947). Dyarchy was
introduced as a constitutional reform by Edwin Samuel Montagu (secretary of state for India,
1917–22) and Lord Chelmsford (viceroy of India, 1916–21).

The principle of dyarchy was a division of the executive branch of each provincial
government into authoritarian and popularly responsible sections. The first was composed of
executive councilors, appointed, as before, by the crown. The second was composed of
ministers who were chosen by the governor from the elected members of the provincial
legislature. These latter ministers were Indians.

The various fields, or subjects of administration were divided between the councilors and the
ministers, being named reserved and transferred subjects, respectively. The reserved subjects
came under the heading of law and order and included justice, the police, land revenue, and
irrigation. The transferred subjects (i.e., those under the control of Indian ministers) included
local self-government, education, public health, public works, agriculture, forests, and
fisheries. The system ended with the introduction of provincial autonomy in 1935.

Reasons for its failure:

1) Irresponsible Central Government: No responsible government was

envisaged in the Act at the all-India level.
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2) Spread of Communalism: The flawed electoral system and the limited

franchise failed to gain popularity. It promoted a sense of communalism in a
separate electoral system.
3) Limited Extension of Electorates: The electorate was extended to some one-
and-a-half million for the central legislature, while the population of India was
around 260 million, as per one estimate.
4) Lack of Administrative Control: At the center, the legislature had no control
over the viceroy and his executive council.

a. The provincial ministers had no control over finances and the

bureaucrats; this would lead to constant friction between the two.
b. Ministers were often not consulted on important matters too and could
be overruled by the governor on any matter that the latter considered
special.
c. The Governor enjoyed unrestricted powers, he could also decide the
decision of his council and ministers.
d. Almost all important matters related to administration depended on the
governor.
5) Inappropriate Division of Subjects: The division of subjects was not
satisfactory at the center.

a. The central legislature was given very little power and no control
over finances.
b. At the level of provinces, the division of subjects and parallel
administration of two parts was irrational and, hence, unworkable.

c. Subjects like irrigation, finance, police, press, and justice were

‘reserved’.

3. (A) State the provisions of the Indian Council Act. (8)

Introduction
The Indian Councils Act 1909 was an act of the British Parliament that introduced a few
reforms in the legislative councils and increased the involvement of Indians (limited) in the
governance of British India. It was more commonly called the Morley-Minto Reforms after
the Secretary of State for India John Morley and the Viceroy of India, the 4th Earl of Minto.
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Major provisions of the Morley-Minto reforms

1) The legislative councils at the Centre and the provinces increased in size.
a. Central Legislative Council – from 16 to 60 members
b. Legislative Councils of Bengal, Madras, Bombay, and United Provinces –
50 members each
c. Legislative Councils of Punjab, Burma, and Assam – 30 members each
2) The legislative councils at the Centre and the provinces were to have four
categories of members as follows:
a. Ex officio members: Governor-General and members of the executive
council.
b. Nominated official members: Government officials who were nominated
by the Governor-General.
c. Nominated non-official members: nominated by the Governor-General but
were not government officials.
d. Elected members: elected by different categories of Indians.
3) The elected members were elected indirectly. The local bodies elected an electoral
college that would elect members of the provincial legislative councils. These
members would, in turn, elect the members of the Central legislative council.
4) The elected members were from the local bodies, the chambers of commerce,
landlords, universities, traders’ communities, and Muslims.
5) In the provincial councils, non-official members were in the majority. However,
since some of the non-official members were nominated, in total, a non-elected
majority was there.
6) Indians were given membership in the Imperial Legislative Council for the first
time.
7) It introduced separate electorates for Muslims. Some constituencies were
earmarked for Muslims and only Muslims could vote their representatives.
8) The members could discuss the budget and move resolutions. They could also
discuss matters of public interest.
9) They could also ask supplementary questions.
10) No discussions on foreign policy or relations with the princely states were
permitted.
11) Lord Minto appointed (on much persuasion by Morley) Satyendra P Sinha as the
first Indian member of the Viceroy’s Executive Council.
12) Two Indians were nominated to the Council of the Secretary of State for Indian
Affairs.

Conclusion:
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Separate electorates were first demanded by the Muslims in 1906 and introduced for them
under the Morley-Minto Reforms of 1907. This was done to build up Muslim communalism
as a counterpoise against Indian Nationalism.
Indian Council Act of 1909 is also known as Morley- Minto Reform. It was instituted to
placate the Moderates (Congress) and introduce separate electorates based on

religion. Therefore, Lord Minto came to be known as the Father of the Communal Electorate
in India.

How did it sow the seeds of partition in India?

The positive vice of the system of election introduced by the Act of 1909 was that it
provided, for the first time, for a separate electorate based on community and an electorate
based on community and thus sowed the seeds of separatism that eventually led to the
lamentable partition of the country.

Growth of communalism

How Indian history was interpreted in those days contributed to the growth of communal
thinking among the Hindus and the Muslims. The communal bias was propagated through
poetry, drama, novels, short stories, newspapers, etc.

4. (B) What were the reforms introduced by the act? (8)

1) With the Morley-Minto Act, there was an increase in the size of the legislative
councils at both the center and the provincial levels. On one hand, the number of
members that were there in the Central legislative councils changed from 16 to 60. On
the other hand, in the case of provincial councils, the number varied from province to
province.

2) Official majority was retained for the Central Legislative Council, but the provincial
councils had only a non-official majority in their work.

3) The parts and functions of the legislative councils were enlarged at both the central
and the provincial levels. The council could now ask queries, pass resolutions, ask
additional questions, and vote for separate items for the budget of the country.
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4) Indians were now made associated with the executive councils of the state. Notably,
Satyendra Prasad Sinha was the first Indian who was nominated and appointed under
the Viceroy’s Executive Council as a law member.

5) The concept of communal representation was introduced by the British rulers under
this act where they introduced a separate electorate for the Muslims. In this way,
Britishers sowed the seeds of communalism in India whose fruit we can see as
Pakistan today. This is why Lord Minto is referred to as the Father of Communal
Electorate today.

6) The Morley-Minto Reforms also paved the direction for the independent
representation of the chamber of commerce, the presidency corporations, zamindars,
and universities.

Conclusion
Even if there was improvement up to a certain extent in the increased participation of the
Indians in the legislative council, the act still has numerous flaws in it. One of the most
notable is the communal representation, which we can even see in today’s time as well.

The process of a Separate electorate relieved the Muslims but weakened the Indian National
Movement. As a result, we were able to see the outcomes of this system with the division of
the country based on communal lines. Apart from that, Morley-Minto Reforms too failed to
bring the system of self-government.

5. (A) Special characteristics of Govt. of India Act 1935. (10)

Salient Features of the Government of India Act, 1935

1) All India Federation

a. It provided for the establishment of an All India Federation consisting
of provinces and princely states as units.
b. The Act divided the powers between the Centre and units in terms of
three lists, Federal List (for the Centre containing 59 items), Provincial
List (for provinces containing 54 items), and the Concurrent List (for
both containing 36 items).
2) Residuary powers were given to the Viceroy.
3) However, the federation never came into being as the princely states did not
join it. But this has formed the basis of Schedule VII of the Constitution of
India, 1950 (read with Article 236)
4) Provincial Autonomy
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a. It abolished diarchy in the provinces and introduced ‘provincial

autonomy’ in its place.
i. The provinces were allowed to act as autonomous units of
administration in their defined spheres.
ii. Moreover, the Act introduced responsible governments in
provinces which meant that the governor was required to act with
the advice of ministers responsible to the provincial legislature
b. However, the Ministers were not free in the matter of running their
departments
i. As the Governors continued to possess a set of overriding
powers although such powers were not exercised very often
5) Bicameralism
a. The Act introduced bicameralism in six out of eleven provinces.
i. Thus, the legislatures of Bengal, Bombay, Madras, Bihar, Assam,
and the United Provinces were made bicameral consisting of a
legislative council (Upper House) and a legislative assembly
(Lower House) with certain restrictions on them
b. Also, the Central Legislature was bicameral, consisting of the Federal
Assembly and a Council of States.
i. The term of the assembly was five years but it could be dissolved
earlier also.
6) Diarchy at the Centre
a. The Act of 1935 abolished diarchy at the Provincial level
and introduced it at the Centre.
i. Consequently, the federal subjects were divided into reserved
subjects and transferred subjects
b. Religious affairs, defense, administration of tribal areas, and external
affairs were included in the reserved subjects.
i. The Transferred subjects were to be administered on the advice
of ministers and the number of ministers could not exceed ten.
c. The Governor-General remained overall in charge of both the Reserved
and Transferred subjects
i. The idea of diarchy was imposed to facilitate better
administration and the governor-general was appointed to look
after and coordinate among the two parts of the government
7) Communal/Class Representation
a. The Act further extended the principle of communal representation by
providing separate electorates for depressed classes (scheduled castes),
women, and laborers (workers).
b. Further, under the Act the Muslims got 33 percent (1/3 of the seats) in
the Federal Legislature
8) Other Features
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a. It abolished the Council of India, established by the Government of

India Act of 1858. The secretary of state for India was provided with a
team of advisors.
b. It provided for the establishment of a Reserve Bank of India to control
the regulation of currency and credits of the country.
c. The franchise (voting rights) was extended further from 3% to 14% of
the total population.
d. It provided for the establishment of not only a Federal Public Service
Commission, Provincial Public Service Commission, and Joint Public
Service Commission for two or more provinces.
e. It provided for the establishment of a Federal Court, set up in 1937,
which continued to function till the establishment of the Supreme
Court of India after the attainment of independence (1950).
f. This Act gave the authority and command of the railways in India in the
hands of a newly established authority called “Federal
Railway” consisting of seven members who were free from the control
of councilors and ministers. The authority directly reported to the
Governor-General of India
g. The Act also paved the way for the reorganization of certain
parts including the Sindh being carved out of the Bombay Presidency,
the split of Bihar and Orissa, and the severance of Burma from India.

4. (B) How did the Act influence the federal form of India? (6)

Federal form of government of India

The act had various provisions and features but one of its major features was establishing a
federal form of Government in India which is still prevalent in the Indian Constitution by
dividing the central and its units under 3 lists as- Federal List, Provincial List, and Concurrent
List. The act for the first time in India introduced direct elections. It also established a
bicameral federal legislature with the Federal Assembly as the lower house and the Council
of States as the upper house.

Federal Assembly term of 5 years

The federal assembly had a term of five years and both houses had representatives from the
princely states who were nominated by the ruler and not elected. The approach to forming the
federation and implementing provincial autonomy paved the way for the division of subjects
between the Centre and the Provinces. Along with it, the act gave more autonomy to the
provinces, and the diarchy was abolished at the provincial level too. The act is also
responsible for the establishment of a federal court, railway authority, and the reserve bank of
India, which to date serve their function.

Conclusion
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1) On the whole, the British introduced this Act to win the support of modern
nationalists and to maintain continuity in their rule over the dominion of India
2) But the Act proved largely to be disappointing because it did not hold out
assurance about granting Dominion Status, nor did it consider sympathetically
the feelings and urges of the politically conscious Indian populace
3) Despite the drawbacks, the Act had its significance for this Act provided
a basis for negotiation between Britishers and Indians for getting
independence.
4) Also, the Government of India Act 1935, however, introduced several features
which later formed the nucleus of the present Constitution.
5) Thus, the Government of India Act 1935 marks, in fact, a watershed
moment in the Constitutional history of India

6. (A)Main provisions of the Indian Independence Act 1947. (8)

The following are the main provisions of the Indian Independence Act of 1947:

1. The Act declared India as a sovereign and independent state.

2. It also made provisions for the partition of the Indian state into two separate
dominions of India and Pakistan on grounds of religious differences.
3. The position of the Secretary of State for India was abolished.
4. The office of the Viceroy was also abolished and the Act initiated for the providence
of two separate Governors-General to be appointed for the dominions of India and
Pakistan on the advice of the British Cabinet.
5. The Constituent Assemblies of both the dominions were authorized to formulate their
respective constitutions and also to repeal any law of the British Parliament
formulated for the Indian state, including the Independence Act itself.
6. The Constituent Assemblies were empowered to act as legislative bodies for their
respective dominions till the time they could formulate a constitution for their state.
7. It granted authority to the princely states to join either of the dominions or remain
independent.
8. The governance of each dominion was to be done based on the Government of India
Act, of 1935.
9. The British Monarch no longer had the authority to veto or ask for the bills of the
Indian state.
10. The Governor-General of each dominion had to act on the advice of the council.
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The Radcliffe Commission was immediately appointed following the Act to draw up
boundaries between the two dominions. The borders were drawn based on religious
differences. The states of Punjab and Bengal were divided between the two dominions.

Lord Louis Mountbatten became the Governer-General of India, while Muhammad Ali
Jinnah became the Governer-General of Pakistan. Pandit Jawaharlal Nehru became the prime
minister of India, while Liaqat Ali Khan became his Pakistani counterpart.

Conclusion
The Indian Independence Act paved the way for the independence of the states of India and
Pakistan. The British Crown completely transferred the power to the newly formed states.
The suzerainty of the British was abolished. However, it was accompanied by the violent
partition, which remains one of the largest forced migrations in the history of the world, in
which millions perished.

5. (B) Significance of the Act in Framing the Constitution. (8)

1. There were several developments after the transfer of power by the Independence Act.
The Indian Constituent Assembly drafted the Indian Constitution in 1949 which
finally got into effect on January 26, 1950, declaring India a republic. Pakistan, on the
other hand, officially became a republic on March 23, 1956.

2. The provisions of the Act provided for the establishment of the Constituent
Assembly of each Dominion and they were to exercise all powers exercised by
the Legislature of the Dominion.
3. The Indian Constitution derives its legal authority from the Indian
Independence Act, of 1947, this Act conferred power on the Constituent
Assembly to frame a Constitution for India
4. Later, India and Pakistan repealed the Independence Act of 1947 by adopting their
constitutions.
5. Section 395 of the Indian Constitution and Section 221 of the Pakistan Constitution of
1956 effectively repealed the Act Indian Independence Act of 1947
6. With the adoption of the Constitution of India, the status of dominion was also
abolished and India became a republic.
7. Although the new constitution does not have the legal power to repeal laws, this is
done to break the chain of law and make the constitution an independent legal system.

Conclusion
It was important for constitutional development that the Indian Independence Act of 1947
was adopted. The Indian Independence Act created the framework for the independence of
Pakistan and India. The newly formed states were given complete power by the British
Crown. It was no longer under British suzerainty. The violent partition, which continues to be
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one of the biggest forced migrations in history and was responsible for millions of deaths,
went along with it.

7. (A) Discuss the function of the election commission of India. (8)

Powers of Election Commission of India

In detail, these powers of the Election Commission of India are:

1. Determining the Electoral Constituencies’ territorial areas throughout the country

based on the Delimitation Commission Act of Parliament.
2. Preparing and periodically revising electoral rolls and registering all eligible voters.
3. Notifying the schedules and dates of elections and scrutinizing nomination papers.
4. Granting recognition to the various political parties and allocating them election
symbols.
5. Acting as a court to settle disputes concerning the granting of recognition to political
parties and allocating election symbols to the parties.
6. Appointing officers for inquiring into disputes concerning electoral arrangements.
7. Determining the code of conduct to be followed by the political parties and candidates
during elections.
8. Preparing a program for publicizing the policies of all the political parties on various
media like TV and radio during elections.
9. Advising the President on matters concerning the disqualification of MPs.
10. Advising the Governor on matters concerning the disqualification of MLAs.
11. Cancelling polls in case of booth capturing, rigging, violence, and other irregularities.
12. Requesting the Governor or the President for requisitioning the staff required for
conducting elections.
13. Supervising the machinery of elections throughout the country for ensuring the
conduct of free and fair elections.
14. Advising the President on whether elections can be held in a state that is under the
President’s rule, to extend the period of emergency after 1 year.
15. Registering political parties and granting them the status of national or state parties
(depending on their poll performance).
The Commission is aided in its function by deputy election commissioners. The deputy ECs
are taken from the civil services and they are appointed by the Commission. They have a
fixed tenure. They are aided by the secretaries, deputy secretaries, joint secretaries, and
under-secretaries posted in the commission’s secretariat.

Functions of the Election Commission

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1. To direct and control the entire process of conducting elections to Parliament and
Legislature of every State and the offices of President and Vice-President of India.
2. To decide the election schedules for the conduct of periodic and timely elections,
whether general or bye-elections
3. To decide on the location of polling stations, assignment of voters to the polling
stations, location of counting centers, arrangements to be made in and around polling
stations and counting centers, and all allied matters
4. To prepare electoral roll and issues Electronic Photo Identity Card (EPIC)
5. To grant recognition to political parties & allot election symbols to them along with
settling disputes related to it
6. To set limits of campaign expenditure per candidate to all the political parties, and
also monitor the same
7. To advise in the matter of post-election disqualification of sitting members of
Parliament and State Legislatures.
8. To issue the Model Code of Conduct in the election for political parties and
candidates so that no one indulges in unfair practice or there is no arbitrary abuse of
powers by those in power.

6. (B) Features of the Indian Constitution. (8)

Features of the Indian Constitution

The constitution of India was created by a constituent assembly and not by the Parliament of
India. It was adopted by its people with a declaration in its preamble. Thus, the Parliament of
India cannot override the Indian constitution.

The features of the Indian constitution are:

1. Lengthiest constitution

It is the lengthiest constitution in the world. It has 395 Articles and 12 Schedules. Also, about 90
Articles have been added since 1951 and there have been more than 100 Amendments.

But, as the Articles are not separately added but as a part of an existing Article, the total number
of Articles remains the same.

2. Drawn from Different Sources

The basis of the basic structure such as the Federal scheme, Judiciary, Governors, Emergency
powers, Public Service Commissions, Administrative details, etc. is from the Government of
India Act, of 1935.
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Similarly, the fundamental rights are from the American constitution, Directive Principles from
the Irish Constitution and the Cabinet form of government is from the British Constitution.

3. Federal System and Unitary Features

The federal features of governance are a dual system of government i.e. center and state, the
division of powers between the executive, judiciary, and legislature which are the three organs
of the state, Supremacy of the Constitution, independent Judiciary, and bicameralism. The
Indian constitution contains all these features. Thus, it is a federal system.

But, it also contains many unitary features such as a strong center, All India Services common to
the center and the states, emergency provisions that can modify the Constitution into a unitary
one, the appointment of Governors by the President on the advice of the center, etc. Article 1 of
the Indian constitution mentions that India is a “Union of states”.Therefore, this makes the
Indian Constitution a federal system with unitary features.

4. Parliamentary Form of Government

The Indian Constitution chose the Parliamentary form of government. In a Parliamentary form
of government executive is part of the legislature and there is a collective responsibility of the
council of ministers to the legislature.

5. Parliamentary Sovereignty and Judicial Supremacy

The Indian Constitution has a proper balance between Parliamentary sovereignty and Judicial
Supremacy. The Supreme Court has the power of judicial review vide Articles 13, 32, and 136.

6. Independent and Integrated Judicial System

As per the Indian constitution, a single system of judiciary prevails in India. The Supreme Court
is at the top, the High Courts at the state level, and district and other subordinate courts are
below and are subject to the supervision of the High Courts.

7. Directive Principles

The Directive Principles of State Policies in Part IV of the Constitution intends to make India a
welfare state. The Directive Principles are not enforceable by the courts for their violation.

However, it is a moral obligation of the state to apply these principles in making laws.
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8. Rigid and Flexible

As per Article 368, some provisions can be amended by a special majority of the Parliament i.e.
a 2/3rd majority of the members of each House present and voting and majority which is more
than 50 percent of the total membership of each House.

8. (A) Poona Pact. (8)

Introduction

In 1932, B.R. Ambedkar negotiated the Poona Pact with Mahatma Gandhi. The background
to the Poona Pact was the Communal Award of August 1932 which provided a separate
electorate for depressed classes.

The pact signifies a solution derived by amalgamating two different ideologies (Ambedkar:
Political Approach and Gandhi: Social Approach), striving to achieve a common goal for
the upliftment of one of the most vulnerable sections of Indian society.

Significance of the Poona Pact

1. Representation Of Depressed Classes: In a settlement negotiated with Mahatma

Gandhi, Ambedkar agreed for depressed class candidates to be elected by a joint
electorate.

a. Also, nearly twice as many seats (147) were reserved for the depressed
classes in the legislature than what had been allotted under the Communal
Award.
b. In addition, the Poona Pact assured a fair representation of the depressed
classes in the public services while earmarking a portion of the educational
grant for their uplift.
2. The Poona Pact was an emphatic acceptance by upper-class Hindus that the
depressed classes constituted the most discriminated sections of Indian society.
3. It was also conceded that something concrete had to be done to give depressed
classes a political voice.
4. The pact made the entire country morally responsible for the uplift of the depressed
classes.

As the concessions agreed to in the Poona Pact were precursors to the

world’s largest affirmative program (reservation in legislature, public
Kolkata Law Point

services, and educational institutions) launched much later in independent

India.
5. Most of all the pact made the depressed classes a formidable political force for the
first time in Indian history.
6. Instead of the 80 seats given by the British, the depressed classes got 147 seats.
7. The Communal Award was based on the findings of the Indian Franchise
Committee, called the Lothian Committee.
Gandhi And Ambedkar: Difference in Approach

Both leaders were critical of ills about the caste system and committed to the upliftment of
depressed classes. However, both differ in their approach.

1. Ambedkar was in favor of the annihilation of the caste system as it was beyond
reforms.

Gandhi did not support the abolition of the caste system or the
Varnashrama order. He was in favor of bringing behavioral change in
society regarding the ills of the caste system.
2. According to Ambedkar, the caste question is a political issue, and wanted a
political solution for the upliftment of depressed classes. Ambedkar insisted
that political democracy was meaningless if the so-called depressed classes were
not equal participants in it.

According to Gandhi caste issue is a social one. He wanted to reform it

by changing the hearts and minds of people.
3. Ambedkar preferred a rights-based approach while Gandhi’s approach was
through faith and spirituality.

That's why Ambedkar referred to depressed classes as Dalits (to give them
a political identity), on the other hand, Gandhi called depressed classes
as Harijan (to sensitize the upper caste to the plight of depressed classes
by invoking spirituality).
Conclusion

The Poona Pact has changed the Indian Political history and the destiny of millions of Dalits
across the country. However, the social stigma attached to the caste system remains in the
Indian society. Therefore, to establish an egalitarian society in the true sense, Gandhian
Philosophy and Ambedkar’s notion of Social Democracy are much more relevant than ever
before.
Kolkata Law Point

7.(B) Round Table Conferences. (8)

Introduction

1929 saw a spike in political fervor as Gandhi called for an act of civil disobedience
to protest the Simon Commission findings and Bhagat Singh detonated a bomb in
Meerut. In his infamous Irwin proclamation, Viceroy Lord Irwin pledged a round table
discussion following the delivery of the Simon Commission findings.

First Round Table Conference

Demands for India to be given dominion status were growing in some sectors of the
British political system. In India, the swaraj, or self-rule, movement was in full swing,
with the charismatic Gandhi leading the way.

Muhammad Ali Jinnah’s advice to Lord Irwin, the viceroy of India at the time, and
James Ramsay MacDonald, the British prime minister at the time, as well as the
Simon Commission report, served as the foundation for the conferences. For the first
time, Indians and Britons interacted as “equals.” The inaugural conference started on
November 12th, 1930. Many more Indian groups were present, despite the Congress
and some notable corporate figures declining to attend.

First Round Table Conference Features

The inaugural Round Table Conference, which took place in London between
November 1930 and January 1931, was presided over by Ramsay MacDonald. The
British and Indians finally met on an equal footing at this point. The Congress and a
few notable business figures declined to attend.

The Princely States, Muslim League, Justice Party, Hindu Mahasabha, and others were
present. Little was achieved as a result of the conference. The British government
acknowledged that any discussion regarding India’s future constitutio nal governance
would need to include involvement from the Indian National Congress.

First Round Table Conference Issues

One of the topics that was covered was the structure of the federal government. The
provincial charter was considered. Defence Services for Minorities in Sindh and the
Northwest Frontier Provinces. Legislative accountability of the execut ive Separate
electorates for “untouchables” was supported by Dr. B. R. Ambedkar. A national
federation was suggested by Tej Bahadur Sapru. The Muslim League supported this.
The princely states agreed, provided that their internal sovereignty is upheld.

Second Round Table Conference

Kolkata Law Point

The Second Round Table Conference, which was convened in London from 7
September 1931 to 1 December 1931 to address the shortcomings of the First Round
Table Conference, included Gandhi and the Indian National Congress, who had been
particularly invited to the Conference.

Second Round Table Conference Important Events

The main distinction between the second Round Table Conference and the first was
the inclusion of the Indian National Congress. The conference officially started on
September 7th, 1931. The Indian National Congress, which was solely represented by
Gandhi, participated because of the Gandhi-Irwin pact.

The second significant difference was that, unlike the last conference, Ramsay
MacDonald, the British Prime Minister, was now in charge of a National government
rather than a Labor one. The British supported creating a distinct electorate as a
communal reward for the representation of minorities in India.

Gandhi rejected this incentive because he disagreed with the notion t hat minorities
should be treated differently from Hindus. Gandhi and Ambedkar presented opposing
viewpoints on the communal award of a separate electorate for the untouchables, who
were regarded as a minority and were divided based on their ideas, at this Round
Table session. With the aid of the Poona Pact, in 1932, the two of them were able to
resolve this matter in the end.

Third Round Table Conference

The third round table discussion served as the conclusion. The incident happened on
November 17, 1932. Due to their displeasure, the Indian National Congress decided to
skip the convention. Both INC and the British Labour Party declined to attend the
conference. There were just 46 people left from the summit, and some important
political figures were not present. It occurred between September 1931 and March
1933. The 1935 Government of India Act was suggested to undergo several revisions.
All of these works were completed under the supervision of Sir Samuel Hoare.

Third Round Table Conference Outcomes

The absence of the political leaders and Maharajas made this round table session
ineffective, and nothing significant was discussed. The recommendations made at this
round table conference were written down and published in a white paper in 1933,
which was then discussed in the British Parliament. The British parliament then
examined the round table conference’s suggestions and initiatives. Based on this, the
Government of India Act of 1935 was passed.

Once more, the leaders of Congress were absent from the third round table conference.
The Community Award made B.R. Ambedkar, who attended all three conferences, the
Kolkata Law Point

happiest person there. The Award, which reserves seats for minorities, is also evident
in contemporary politics. Gandhi’s call for Joint Electorates did not receive much
support from the delegates.

7.(C) Simon Commission :

1. Simon Commission: Purpose

Every move had a purpose. The purpose of the Simon Commission was to check the
government administration in India.
In November 1927, the British government declared the application of the Indian Statutory
Commission. This commission aimed to examine the Government of India Act of 1919. The
commission was supposed to investigate the working of the 1919 Act and suggested
improvements in the system. In 1930, the commission gave in its report.

2. Arrival of Simon Commission

The arrival of the Simon Commission faced many challenges. Simon Commission stated
that:
1. The arrival of the Simon Commission marked the abolishment of the dyarchy.
2. The Simon Commission extended the timeline of government governing in the
provinces.
3. It suggested the establishment of the Federation of British India and the princely
states.
4. The communal electorate continued in the pact of the Simon Commission.
5. The British government announced the conduction of Three Round Table Conferences
to approve the proposals raised in the Simon Commission. Then, the British
government published the White Paper on the agreed constitutional reforms.
6. All these processes helped in laying the foundation for the next Government of India
Act in 1935.
3. Simon Commission Boycotted by Indians

The Indians did not swiftly accept the Simon Commission Act. The Simon Commission
was boycotted furiously.
The congress session was conducted in Madras in December 1927, under the chair of M. A.
Ansari. They completely boycotted the Simon Commission. The Muslim League under
Jinnah’s leadership, as well as the Hindu Mahasabha liberals, backed Congress’ decision to
boycott the Simon Commission.

Meanwhile, groups such as the Justice Party in the south and the Punjab Unionists have
chosen not to boycott the commission.

The Simon Commission arrived in Bombay on the 3rd of February 1928. On the same day,
the entire country continued to boycott the commission. Massive protests against the Simon
Kolkata Law Point

Commission were held in several locations. The commission was welcomed with a black flag
as a sign of protest, and slogans of “Simon, go back” were chanted among protestors.

4. Result of the Protest

The protestors were in full swing to boycott the Simon Commission. However, the police
brought protestors and demonstrators down with a lathi charge.
In Lucknow, leaders like G.B. Pant and Jawaharlal Nehru were beaten up by the authorities in
charge. In October 1928, Lala Lajpat Rai became the victim and got severe and fatal hits on
the chest. Due to the cruel attacks, on 17th November 1928, Lala Lajpat Rai took his last
breath.

It was just the start for Indians to unite and fight for their rights together. They now showed
their dedication and anger towards one bigger goal – complete independence from the British
government.

As a result, the congress session passed a resolution that announced the achievement of
complete freedom from the British government. It was held in Madras under the leadership of
Dr M.A. Ansari. This idea, then, had the full-fledged support of Jawaharlal Nehru and
S.Satyamurthy. They carried the great initiative forward. The Indian Independence League
was formed, whose main goal was to attain complete freedom from the British government.

5. Conclusion
Many consider the Simon Commission as a blessing in disguise. This is because before the
Simon Commission matter came to light, Congress was agenda-less. India’s opposition to the
Simon Commission led Lord Birkenhead to throw an open challenge to the Indian leaders to
frame a constitution that would unify the Indian opinion.
This challenge was accepted and came out in the form of the Nehru Report, and even though
it was not accepted by the younger faction, it was India’s first attempt to frame a constitution
for its people by its people. The Simon Commission also became the basis of the Government
of India Act of 1935.

7.(D) Jinna’s Fourteen Points

A. Introduction

1. The Fourteen Points of Jinnah were proposed by Muhammad Ali Jinnah

during a party meeting in 1928, in response to the Nehru report.
2. It consisted of four Delhi proposals, the three Calcutta amendments, and
demands the continuation of separate electorates and reservation of seats for
Muslims in government services and self-governing bodies.

B. Background
Kolkata Law Point

1. The report was given in a meeting of the council of the All India Muslim
League on 9 March 1929.
2. The Nehru Report was criticized by Muslim leaders Aga
Khan and Muhammad Shafi. They considered it as a warrant because it
recommended joint electoral rolls for Hindus and Muslims
3. In March 1929, the Muslim League session was held in Delhi under the
presidency of Jinnah.
4. In his address to his delegates, he consolidated Muslim viewpoints under
fourteen items and these fourteen points became Jinnah’s 14 points

C. The Fourteen Points

1. The form of the future constitution should be federal, with the residuary
powers vested in the provinces
2. All provinces must be given equal Autonomy
3. All legislatures in the country and other elected bodies shall be constituted on
the definite principle of adequate and effective representation of
minorities in every province without reducing the majority in any province to a
minority or even equality
4. In the Central Legislature, Muslim representation shall not be less than one-
third
5. Representation of communal groups shall continue to be using the separate
electorate at present it shall be open to any community, at any time, to abandon
its separate electorate in favor of the joint electorate
6. Any territorial distribution that might at any time be necessary shall not in any
way affect the Muslim majority in Punjab, Bengal, and NWFP provinces
7. Full religious liberty shall be guaranteed to all communities
8. No bill or resolution shall be passed in any legislature if three-fourths of the
members of any community in that body oppose the bill
9. Separation of Sindh from Bombay
10. Reforms should be introduced in the NWFP and Balochistan on the same
footings as in the other provinces
11. Muslims should be given an adequate share in all services, having due regard to
the requirement for efficiency
12. The Constitution should embody adequate safeguards for the protection of
Muslim culture, education, language, religion, and personal laws, as well as for
Muslim charitable institutions
13. One-third representation shall be given to Muslims in both central and
provincial cabinets
14. No change will be made to the constitution without the consent of the provinces
Kolkata Law Point

D. Effects of Jinnah’s proposals

• Thus, the fourteen points were a constitutional reform plan to safeguard the
political rights of Muslims in a self-governing India
• The amendments as proposed by Jinnah were not accepted by the Congress. So
Jinnah refused to participate further
• He aimed to get rights for Muslims.
o The fourteen points covered all of the interests of the Muslims at a
heated time
o And in this pursuance, Jinnah stated that it was the “parting of ways”
and that he did not want and would not have anything to do with the
Indian National Congress in the future
• Further, the League leaders motivated Jinnah to revive the Muslim League and
give it direction. As a result, these points became the demands of the
Muslims and greatly influenced the Muslims’ thinking for the next two
decades till the establishment of Pakistan in 1947

7.(E) Panchayat Raj. (8)

Background

The 73rd Amendment Act was enacted by the Indian national government in 1992 to address
these issues and improve local self-governance. Both houses agreed on the legislation, and it
became law on April 24th, 1993.

A three-tier Panchayat Raj System at the village, intermediate, and district levels is provided
by the amendment. With the help of this clause, India’s Panchayati Raj system became
uniform. At every level of the Panchayat, there is a provision for the reservation of seats for
SCs and STs.

Salient features Panchayati Raj

1. Gram Sabha:

a) It is a village assembly consisting of all the registered voters in the area of a

panchayat.
b) It can perform such functions as the state legislature entrusts it with

2. Three-tier system:

a) It suggests PRI at the village, intermediate, and district levels. Thus, bringing
uniformity to the PRI.
Kolkata Law Point

b) However, states have a population of fewer than 20 lacks may not setup PRI

3. Election:

a) All the members at the village, intermediate, and district levels shall be elected
directly by the people.
b) The chairperson of the intermediate and district level shall be indirectly elected
chairman of the panchayat shall be elected in such a manner as the state legislature
provides for

4. Reservation of seats:

a) In every Gram Panchayat, seat must be set aside for members of Scheduled Castes
and Scheduled Tribes. The percentage of these seats to the total number of seats in the
Panchayat that will be filled through direct election must be as close to equal as
possible.
b) Women from Scheduled Castes or, where applicable, Scheduled Tribes must have
access to at least one-third of the seats that are set aside for them.
c) Not less than one-third (including the number of seats reserved for women belonging
to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be
filled by direct election in every Gram Panchayat shall be reserved for women and
such seats may be allotted by rotation to different constituencies in a Gram Panchayat
in such manner as may be prescribed.
d) The above reservation is provided for the position of chairperson tooThe act also
authorizes the legislature of the state to make any reservations for backward classes.

5. Duration of Panchayats:

a) Every level of panchayat is given a five-year term of office under the statute. PRI,
however, may be dissolved before the end of the natural term.
b) Before the PRI’s natural term expires or, in the event of its dissolution, before a period
of six months has passed since that date, new elections must be held.

6. Qualification & Disqualification:

A person shall be disqualified for being chosen as or for being a member of the
panchayat if he is so disqualified:

a) Under any law for the time being in force for elections to the legislature of the
state concerned.
b) No person can be disqualified on the ground that he is less than 25 years of
age if he has attained the age of 21 years.
Kolkata Law Point

c) All questions related to disqualification shall be referred to such authority as

the state legislature determines.

7. State election commission:

a) The state election commission shall be in charge of overseeing, directing, and

controlling the creation of electoral rolls and the conduct of all panchayat elections.
b) The governor will name a state election commissioner. He cannot be dismissed from
his position other than in the way and for the reasons specified for dismissing a judge.
c) The state legislature has the authority to establish rules on all aspects of panchayat
elections.

8. Powers and functions:

The state legislature may endow the panchayats with such powers and authority as
may be necessary to enable them to function as institutions of self-government.

9. Finances:

The state legislature may authorize a panchayat to levy, collect and appropriate taxes,
provide for making grants-in-aid to the panchayats, and provide for the constitution of funds
for crediting all money of the panchayats.

10. Finance Commission:

a) The governor has the authority to establish an annual finance commission to review
the panchayats’ financial standing, recommend improvements, and make
recommendations on any other issues the governor refers to the commission.
b) It shall make recommendations on the following matters:
a. The distribution between the state and the panchayats from the net proceeds of
taxes
b. Determination of taxes, duties, tolls, and fees that may be assigned to the
panchayats
c. Grants-in-aid to the panchayats from the consolidated fund of the state
c) The state legislature will establish the FC’s composition and qualifications.
d) Based on the state’s finance commission’s findings, the central finance commission
will also provide recommendations on how to consolidate the panchayat’s financial
situation.

11. Audit:

The state legislature may provide the manner for auditing PRI.
Kolkata Law Point

12. Application to UT:

The president of India may direct that provisions of this act shall apply to any union
territory subject to such modification as he may specify.

13. Exempted areas:

a) It does not apply to Nagaland, Mizoram, Meghalaya, scheduled areas and the tribal
areas, hill area of Manipur, and Darjeeling district of WB.
b) However, parliament may extend the provisions of this part to even these exempted
areas with modifications as it may specify.
c) In this regard, parliament has enacted, ‘The provisions of the Panchayat (Extension to
the scheduled areas) Act, 1996.

14. Bar to the interference of court:

a) The act bars the interference by courts in the electoral matters of panchayats. It also
mentions the delimitation related to PRI cannot be questioned by the court.
b) Even election petitions shall be entertained based on such mechanism as specified by
the state legislature.

15. 11th schedule:

The Act inserted a new schedule that contained areas that come under the purview of
the PRI.

7.(F) Swaraj. (8)

1) Introduction

The Swaraj Party, established as the Congress-Khilafat Swaraj Party, was a

political party formed in India on 1 January 1923 after the Gaya annual
conference in December 1922 of the National Congress, that sought greater self-
government and political freedom for the Indian people from the British Raj

2) Formation
1. The suspension of the non-cooperation movement in 1922 was met with an
impressive measure of logical inconsistencies among pioneers of the
Congress Party
Kolkata Law Point

2. While some wanted to continue non-cooperation, others wanted to end the

legislature boycott and contest elections
3. The former were called no-changers and later were called pro-changers
4. In 1922, in the Gaya session of the Congress, C R Das (who was presiding
over the session) moved a proposal to enter the legislatures but it was
defeated
• Das and other leaders broke away from the Congress and formed the
Congress-Khilafat Swarajaya Party with Das as the president and Nehru
as one of the secretaries

3) Objectives of the Swaraj party

The Congress-Khilafat Swarajya Party or the Swaraj Party aimed for:

1. Speedy attainment of dominion status

2. Obtaining the right to frame a constitution adopting such machinery and system
as are most suited to the conditions of the country and genius of the peoples
3. Establishing control over the bureaucracy
4. Obtaining full provincial autonomy
5. Attaining Swarajya (self-rule)
6. Getting people the right to control the existing machinery and system of
government
7. Organising industrial and agricultural labor
8. Controlling the local and municipal bodies
9. Having an agency for propaganda outside the country
10. Establishing a federation of Asian countries to promote trade and commerce
11. Engaging in the constructive programs of Congress.

4) Works and Achievements of Swaraj Party

1. The Swarajists emerged as the single largest party in the Central

Assembly, Bombay, and Bengal Councils while their number in the U.P.
Council was not insignificant in 1923.
a. The victory of the Swarajists at the polls strengthened their
position in the congress as against the No Changers
2. In the absence of mass political activities in this period, the Swarajists
played a significant role in keeping the spirit of Anti -British protest alive.
3.
a. They made it almost impossible for the British rulers to get the
approval of the legislatures for their policies and proposals
b. For example, in 1928, the government introduced a bill in the
legislative assembly that would give it the power to expel from the
country those non-Indians who supported India’s struggle for
Kolkata Law Point

freedom. The bill was defeated. When the government introduced

this bill again, Vithalbhai Patel who was the president of the
assembly refused to allow it
4. The Swarajists exposed the weaknesses of the Montagu-Chelmsford
reforms
a. They gave fiery speeches in the Assembly on self-rule and civil
liberties
5. The year 1924-25 registered many victories for the Swarajists in the
Legislative Assembly.
a. Here, they succeeded in throwing out the Budget forcing the
Government to rely on its power of certification
b. Further, they resorted to adjournment motions and
asking inconvenient questions to expose the misdeeds of the alien
government

5) Decline of Swaraj Party

1. The enthusiasm of 1924 began to wane and the years 1925-27

saw demoralization and eventual decline of the Swarajists.

Inside the legislatures, the Swarajists failed to pursue the policy of

‘constant, continuous uniform obstruction’

2. The death of C R Das in 1925 further weakened the party

3. The announcement of the Simon Commission in the closing months of 1927
and Lord Birkenhead’s challenge to Indians to produce a constitution
acceptable to all sections of society opened new political vistas in the
country
4. The Calcutta Congress of 1928 resolved that in case the British Government
did not accept the Nehru Report by 31 December 1929, the Congress would
declare complete independence as its goal
5. Thus, the Council Entry program in the changed political situation
occupied a back seat and lost its relevance
6. Other Reasons for Decline
a. Rising Communal Politics
b. Lure of Office
c. Internal Divisions

6) Conclusion
Despite its decline, the Swaraj party succeeded to a great extent in achieving its goals at that
challenging time. The activities of Swarajists enlivened an otherwise dull political
atmosphere. Their tactics of obstruction embarrassed the government while the
Kolkata Law Point

parliamentary duels of the period constitute a brilliant page in the annals of parliamentary
politics.