98-665: (Redirected from Schedule II ) Schedule 2 may refer to: Second Schedule of the Constitution of India , about the rights of government officials Schedule II Controlled Substances within the US Controlled Substances Act List of Schedule II drugs (US) Schedule II Controlled Drugs and Substances within the Canadian Controlled Drugs and Substances Act Schedule II Psychotropic Substances within
196-503: A dominion of the British Crown and became a sovereign, democratic republic with the constitution. Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393, and 394 of the constitution came into force on 26 November 1949, and the remaining articles became effective on 26 January 1950 which is celebrated every year in India as Republic Day . The constitution was drawn from
294-465: A governor or (in union territories) a lieutenant governor and a chief minister . Article 356 permits the president to dismiss a state government and assume direct authority if a situation arises in which state government cannot be conducted in accordance with constitution. This power, known as president's rule , was abused as state governments came to be dismissed on flimsy grounds for political reasons. After S. R. Bommai v. Union of India , such
392-458: A "Charter of Slavery". Jinnah called it, "thoroughly rotten, fundamentally bad and totally unacceptable." Winston Churchill conducted a campaign against Indian self-government from 1929 onwards. When the bill passed, he denounced it in the House of Commons as "a gigantic quilt of jumbled crochet work, a monstrous monument of shame built by pygmies". Leo Amery , who spoke next, opened his speech with
490-540: A Bill more liberal than that which was enacted in 1935 is inconceivable.' The provincial part of the Act, which went into effect automatically, basically followed the Simon Commission recommendations. Provincial dyarchy was abolished; that is, all provincial portfolios were to be placed in charge of ministers enjoying the support of the provincial legislatures. The British-appointed provincial governors, who were responsible to
588-428: A course of action is more difficult since the courts have asserted their right of review. The 73rd and 74th Amendment Acts introduced the system of panchayati raj in rural areas and Nagar Palikas in urban areas. Article 370 gave special status to the state of Jammu and Kashmir . Article 368 dictates the procedure for constitutional amendments . Amendments are additions, variations or repeal of any part of
686-516: A long period of gradual constitutional development, with sufficient "safeguards". This tension between and within Indian and British views resulted in the clumsy compromise of the 1935 Act having no preamble of its own but keeping in place the 1919 Act's preamble even while repealing the remainder of that Act. Unsurprisingly, this was seen in India as yet more mixed messages from the British, suggesting at best
784-405: A lukewarm attitude and at worst suggesting a "minimum necessary" approach towards satisfying Indian desires. In common with Commonwealth constitutional legislation of the time, the Act did not include a "bill of rights" within the new system that it aimed to establish. However, in the case of the proposed federation of India, there was a further complication in incorporating such a set of rights, as
882-424: A new constitutional framework, a series of Round Table Conferences were then held in the early 1930s, attended at times by representatives from India's main political parties, as well as from the princely states. The agreement was reached in principle that a federal system of government should be introduced, comprising the provinces of British India and those princely states that were willing to accede to it. However,
980-661: A number of sources. Mindful of India's needs and conditions, its framers borrowed features of previous legislation such as the Government of India Act 1858 , the Indian Councils Acts of 1861 , 1892 and 1909 , the Government of India Acts 1919 and 1935 , and the Indian Independence Act 1947 . The latter, which led to the creation of Pakistan , divided the former Constituent Assembly in two. The Amendment act of 1935
1078-477: A preamble and 470 articles, which are grouped into 25 parts. With 12 schedules and five appendices, it has been amended 105 times ; the latest amendment became effective on 15 August 2021. The constitution's articles are grouped into the following parts: Schedules are lists in the constitution which categorise and tabulate bureaucratic activity and government policy. The executive, legislative, and judicial branches of government receive their power from
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#17328521042871176-534: A right to suspend responsible government. The parts of the Act intended to establish the Federation of India never came into operation, due to opposition from rulers of the princely states. The remaining parts of the Act came into force in 1937, when the first elections under the act were also held. The features of this act were as follows; 1-it provided for the establishment of an all-Indian Federation consisting of provinces and princely states as units. The act divided
1274-481: A single constitution, single citizenship , an integrated judiciary, a flexible constitution, a strong central government , appointment of state governors by the central government, All India Services (the IAS , IFS and IPS ), and emergency provisions . This unique combination makes it quasi-federal in form. Each state and union territory has its own government. Analogous to the president and prime minister, each has
1372-462: A single individual, and that is the Viceroy. He is the linchpin of the whole system…. If the Viceroy fails, nothing can save the system you have set up". This speech reflected the point of view of the die-hard Tories who were horrified by the prospect that someday there might be a Viceroy appointed by a Labour government.' A close reading of the Act reveals that the British government equipped itself with
1470-768: A suggestion that trade with foreign countries should be made by the Minister of Commerce, but it decided that all negotiations with foreign countries should be conducted by the Foreign Office or Department of External Affairs as they are in the United Kingdom. In concluding agreements of this character, the Foreign Secretary always consults the Board of Trade and it was assumed that the Governor-General would in like manner consult
1568-706: A view to substantially alter the provisions of that Act except with the consent of the Governor-General... there is no real power conferred in the Centre.' (Speech by Mr Bhulabhai DESAI on the Report of the Joint Parliamentary Committee on Indian Constitutional Reform, 4 February 1935) However, the Liberals and even elements in the Congress were tepidly willing to give it a go: "Linlithgow asked Sapru whether he thought there
1666-692: Is a basic characteristic of the constitution, overturning Articles 368(4), 368(5) and 31C. Government of India Act 1935 The Government of India Act 1935 ( 25 & 26 Geo. 5 . c. 42) was an act passed by the British Parliament that originally received royal assent in August 1935. It was the longest act that the British Parliament ever enacted until the Greater London Authority Act 1999 surpassed it. Because of its length,
1764-489: Is also a very important step for making the constitution for two new born countries. Each new assembly had sovereign power to draft and enact a new constitution for the separate states. The constitution was drafted by the Constituent Assembly , which was elected by elected members of the provincial assemblies . The 389-member assembly (reduced to 299 after the partition of India ) took almost three years to draft
1862-417: Is different from Wikidata All article disambiguation pages All disambiguation pages Constitution of India The Constitution of India is the supreme legal document of India . The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights , directive principles , and
1960-514: Is evidence that Montagu would have backed something of this sort but his cabinet colleagues would not have considered it. By 1935, a constitution establishing a Dominion of India, comprising the British Indian provinces might have been acceptable in India though it would not have passed the British Parliament. 'Considering the balance of power in the Conservative party at the time, the passing of
2058-704: Is given to me does not really belong to me. It belongs partly to Sir B.N. Rau the Constitutional Advisor to the Constituent Assembly who prepared a rough draft of the Constitution for the consideration of Drafting Committee. A part of the credit must go to the members of the Drafting Committee who, as I have said, have sat for 141 days and without whose ingenuity to devise new formulae and capacity to tolerate and to accommodate different points of view,
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#17328521042872156-583: Is hand-written, with each page decorated by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal Bose . Its calligrapher was Prem Behari Narain Raizada . The constitution was published in Dehradun and photolithographed by the Survey of India . Production of the original constitution took nearly five years. Two days later, on 26 January 1950, it became the law of India . The estimated cost of
2254-474: Is no provision for a joint session of the Lok Sabha and Rajya Sabha to pass a constitutional amendment. During a parliamentary recess, the president cannot promulgate ordinances under his legislative powers under Article 123, Chapter III . Despite the supermajority requirement for amendments to pass, the Indian constitution is the world's most frequently-amended national governing document. The constitution
2352-785: Is preserved in a helium -filled case at the Parliament Library Building in New Delhi . In 1928, the All Parties Conference convened a committee in Lucknow to prepare the Constitution of India, which was known as the Nehru Report . With the exception of scattered French and Portuguese exclaves, India was under the British rule from 1858 to 1947. From 1947 to 1950, the same legislation continued to be implemented as India
2450-496: Is really what they care about while keeping your hand pretty firmly on the things that matter.' No significant group in India accepted the federal portion of the Act. A typical response was: 'After all, there are five aspects of every Government worth the name: (a) The right of external and internal defence and all measures for that purpose; (b) The right to control our external relations; (c) The right to control our currency and exchange; (d) The right to control our fiscal policy; (e)
2548-611: Is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies. In 2000, the Justice Manepalli Narayana Rao Venkatachaliah Commission was formed to examine a constitutional update. The commission submitted its report on 31 March 2002. However, the recommendations of this report have not been accepted by the consecutive governments. The government of India establishes term-based law commissions to recommend legal reforms, facilitating
2646-712: The Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India . To ensure constitutional autochthony , its framers repealed prior acts of the British parliament in Article 395. India celebrates its constitution on 26 January as Republic Day . The constitution declares India a sovereign , socialist , secular , and democratic republic , assures its citizens justice , equality , and liberty , and endeavours to promote fraternity . The original 1950 constitution
2744-745: The Secretary of State for India , through the Governor-General of India (the Viceroy of India ), would continue to control India's financial obligations, defence, foreign affairs and the British Indian Army and would make the key appointments to the Reserve Bank of India (exchange rates) and Railway Board and the Act stipulated that no finance bill could be placed in the Central Legislature without
2842-424: The "purse strings" were still in the hands of British officialdom. The intention had been that a review of India's constitutional arrangements would be held ten years on from the 1919 Act. In the event, the review was conducted ahead of time by the Simon Commission , whose report proposed the scrapping of diarchy, and the introduction of a much larger degree of responsible government in the provinces. This proposal
2940-527: The 1930s, told him that the Act, based on the English constitutional principles of Dicey and Anson , had been the foundation of the Indian Independence Bill. The British government sent out Lord Linlithgow as the new viceroy with the remit of bringing the Act into effect. Linlithgow was intelligent, extremely hard-working, honest, serious and determined to make a success out of the Act. However, he
3038-484: The Act met with a lukewarm response at best in India, while still proving too radical for a significant element in Britain. While it had become uncommon for British Acts of Parliament to contain a preamble, the absence of one from the Government of India Act 1935 contrasts sharply with the 1919 Act, which set out the broad philosophy of that Act's aims to Indian political development. That Act's preamble quoted, and centred on,
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3136-474: The British Government via the Viceroy and Secretary of State for India , were to accept the recommendations of the ministers unless, in their view, they negatively affected his areas of statutory "special responsibilities" such as the prevention of any grave menace to the peace or tranquillity of a province and the safeguarding of the legitimate interests of minorities. In the event of a political breakdown,
3234-518: The British-appointed provincial governor. While the Act was a reflection of the demand for a greater role in government by Indians, it was also very much a reflection of British fears about what that role might mean in practice for India (and of course for British interests there). The experiment with dyarchy proved unsatisfactory. A particular frustration for Indian politicians was that even for those areas over which they had gained nominal control,
3332-416: The Constituent Assembly was ₹ 6.3 crore . The constitution has had more than 100 amendments since it was enacted. The Indian constitution is the world's longest for a sovereign nation. At its enactment, it had 395 articles in 22 parts and 8 schedules. At about 145,000 words, it is the second-longest active constitution—after the Constitution of Alabama —in the world. The amended constitution has
3430-423: The Constitution. I must not omit to mention the members of the staff working under Mr. Mukherjee. For, I known how hard they worked and how long they have toiled sometimes even beyond midnight. I want to thank them all for their effort and their co-operation. While deliberating the revised draft constitution, the assembly moved, discussed and disposed off 2,473 amendments out of a total of 7,635. G. V. Mavlankar
3528-475: The Home Government, and in the end, the princes rejected the Federation en masse . In September 1939, Linlithgow simply declared that India was at war with Germany. Though Linlithgow's action was constitutionally correct, it was also offensive to much of Indian opinion that the Viceroy had not consulted the elected representatives of the Indian people before taking such a momentous decision. This led directly to
3626-521: The Minister of Commerce in India. This may be true, but the analogy itself is false. In the United Kingdom, both departments are subject to the same legislative control, whereas in India one is responsible to the federal legislature and the other to the Imperial Parliament". From the moment of the Montagu statement of 1917, the reform process needed to stay ahead of the curve if the British were to hold
3724-872: The Thai Psychotropic Substances Act Schedule II Narcotic Drugs and Psychotropic Substances within the Estonian Narcotic Drugs and Psychotropic Substances Act Schedule II Psychotropic Substances within the U.N. Convention on Psychotropic Substances Schedule II Banks within the Canada Bank Act Schedule 2 Substances within the Chemical Weapons Convention See also [ edit ] Schedule 1 (disambiguation) Schedule 3 (disambiguation) Schedule 4 (disambiguation) Schedule 5 (disambiguation) Topics referred to by
3822-456: The Third Reading of the bill because it contained no specific promise of dominion status for India. It received Royal Assent and was passed into law on 2 August 1935. As a result of this process, although the Government of India Act 1935 was intended to go some way towards meeting Indian demands, both the detail of the bill and the lack of Indian involvement in drafting its contents meant that
3920-521: The UK and British companies registered in the UK must be treated on the same basis as Indian citizens and Indian registered companies unless UK law denies reciprocal treatment. The unfairness of this arrangement is clear when one considers the dominant position of British capital in much of the Indian modern sector and the complete dominance, maintained through unfair commercial practices, of UK shipping interests in India's international and coastal shipping traffic and
4018-417: The act was retroactively split by the Government of India (Reprinting) Act 1935 ( 26 Geo. 5. & 1 Edw. 8 . c. 1) into two separate acts: The act led to: The most significant aspects of the act were: However, the degree of autonomy introduced at the provincial level was subject to important limitations: the provincial governors retained important reserve powers, and the British authorities also retained
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4116-657: The assembly, which had over 30 representatives of the scheduled classes . Frank Anthony represented the Anglo-Indian community , and the Parsis were represented by H. P. Modi. Harendra Coomar Mookerjee , a Christian assembly vice-president, chaired the minorities committee and represented non-Anglo-Indian Christians. Ari Bahadur Gurung represented the Gorkha community. Judges, such as Alladi Krishnaswamy Iyer , Benegal Narsing Rau , K. M. Munshi and Ganesh Mavlankar were members of
4214-427: The assembly, committees were proposed. Rau's draft was considered, debated and amended by the seven-member drafting committee, which was appointed on 29 August 1947 with B. R. Ambedkar as chair. A revised draft constitution was prepared by the committee and submitted to the assembly on 4 November 1947. Before adopting the constitution, the assembly held eleven sessions in 165 days. On 26 November 1949, it adopted
4312-486: The assembly. Female members included Sarojini Naidu , Hansa Mehta , Durgabai Deshmukh , Amrit Kaur and Vijaya Lakshmi Pandit . The first, two-day president of the assembly was Sachchidananda Sinha ; Rajendra Prasad was later elected president. It met for the first time on 9 December 1946. Sir B. N. Rau , a civil servant who became the first Indian judge in the International Court of Justice and
4410-456: The basic structure doctrine. The extent of land ownership and practice of a profession, in this case, were considered fundamental rights. The ruling was overturned with the ratification of the 24th Amendment in 1971. The judiciary is the final arbiter of the constitution. Its duty (mandated by the constitution) is to act as a watchdog, preventing any legislative or executive act from overstepping constitutional bounds. The judiciary protects
4508-534: The centre, but was concentrating on the method of choosing the States' representatives. Birla wanted the Viceroy to help Gandhi by persuading several princes to move towards the democratic election of representatives... Birla then said that the only chance for Federation lay in the agreement between Government and Congress and the best hope of this lay in discussion between the Viceroy and Gandhi." Nehru called it "a machine with strong brakes but no engine". He also called it
4606-521: The colonial statesmen who evolved the system of self-government which has now culminated in Dominion status." Lord Lothian , in a talk lasting forty-five minutes, came straight out with his view, not on the Bill: "I agree with the diehards that it has been a surrender. You who are not used to any constitution cannot realize what great power you are going to wield. If you look at the constitution it looks as if all
4704-456: The consent of the Governor-General. The funding for the British responsibilities and foreign obligations (e.g. loan repayments, pensions), at least 80 per cent of the federal expenditures, would be non-votable and be taken off the top before any claims could be considered for (for example) social or economic development programs. The Viceroy, under the supervision of the Secretary of State for India,
4802-531: The constitution and are bound by it. With the aid of its constitution, India is governed by a parliamentary system of government with the executive directly accountable to the legislature . The constitution is considered federal in nature, and unitary in spirit. It has features of a federation, including a codified , supreme constitution; a three-tier governmental structure (central, state and local); division of powers ; bicameralism ; and an independent judiciary . It also possesses unitary features such as
4900-406: The constitution by Parliament. An amendment bill must be passed by each house of Parliament by a two-thirds majority of its total membership when at least two-thirds are present and vote. Certain amendments pertaining to the constitution's federal nature must also be ratified by a majority of state legislatures. Unlike ordinary bills in accordance with Article 245 (except for money bills ), there
4998-450: The constitution holding eleven sessions over a 165-day period. In the constitution assembly, a member of the drafting committee, T. T. Krishnamachari said: Mr. President, Sir, I am one of those in the House who have listened to Dr. Ambedkar very carefully. I am aware of the amount of work and enthusiasm that he has brought to bear on the work of drafting this Constitution. At the same time, I do realise that that amount of attention that
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#17328521042875096-489: The constitution to the limit of its basic structure. The Supreme Court or a high court may declare the amendment null and void if this is violated, after a judicial review . This is typical of parliamentary governments, where the judiciary checks parliamentary power. In its 1967 Golak Nath v. State of Punjab decision, the Supreme Court ruled that the state of Punjab could not restrict any fundamental rights protected by
5194-469: The constitution, which was signed by 284 members. The day is celebrated as National Law Day, or Constitution Day . The day was chosen to spread the importance of the constitution and to spread thoughts and ideas of Ambedkar. The assembly's final session convened on 24 January 1950. Each member signed two copies of the constitution, one in Hindi and the other in English. The original constitution
5292-441: The constitution. According to the doctrine, the constitution's basic features (when "read as a whole") cannot be abridged or abolished. These "basic features" have not been fully defined, and whether a particular provision of the constitution is a "basic feature" is decided by the courts. The Kesavananda Bharati v. State of Kerala decision laid down the constitution's basic structure: This implies that Parliament can only amend
5390-534: The day-to-day administration of the land... (Under the Act) You shall have nothing to do with external affairs. You shall have nothing to do with defence. You shall have nothing to do, or, for all practical purposes in future, you shall have nothing to do with your currency and exchange, for indeed the Reserve Bank Bill just passed has a further reservation in the Constitution that no legislation may be undertaken with
5488-521: The diehards here. You could not realize what great courage has been shown by Mr Baldwin and Sir Samuel Hoare. We did not want to spare the diehards as we had to talk in a different language... These various meetings – and in due course G. D. [Birla], before his return in September, met virtually everyone of importance in Anglo-Indian affairs – confirmed G.D.'s original opinion that the differences between
5586-460: The division between Congress and Muslim representatives proved to be a major factor in preventing agreement on much of the important detail of how federation would work in practice. The new Conservative -dominated National Government in London decided to go ahead with drafting its own proposals ( white paper , March 1933). A joint parliamentary select committee , chaired by Lord Linlithgow , reviewed
5684-494: The duties of citizens. It is the longest written national constitution in the world. It imparts constitutional supremacy (not parliamentary supremacy , since it was created by a constituent assembly rather than Parliament ) and was adopted by its people with a declaration in its preamble . Parliament cannot override the constitution . It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced
5782-567: The existing Dominions ( Australia , Canada , Newfoundland , the Irish Free State , New Zealand and the Union of South Africa ) which would have meant complete autonomy within the British Empire. A significant element in British political circles doubted that Indians were capable of running their country on this basis, and saw Dominion status as something that might, perhaps, be aimed for after
5880-444: The fundamental rights of the people (enshrined in the constitution) from infringement by any state body, and balances the conflicting exercise of power between the central government and a state (or states). The courts are expected to remain unaffected by pressure exerted by other branches of the state, citizens or interest groups. An independent judiciary has been held as a basic feature of the constitution, which cannot be changed by
5978-469: The governor, under the supervision of the Viceroy, could take over total control of the provincial government. This, in fact, allowed the governors a more untrammelled control than any British official had enjoyed in the history of the Raj. After the resignation of the Congress provincial ministries in 1939, the governors did directly rule the ex-Congress provinces throughout the war. It was generally recognized that
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#17328521042876076-554: The governor-general limit vitally the scope of ministerial activity, and the measure of representation given to the rulers of the Indian States negatives any possibility of even the beginnings of democratic control. It will be a matter of the utmost interest to watch the development of a form of government so unique; certainly, if it operates successfully, the highest credit will be due to the political capacity of Indian leaders, who have infinitely more serious difficulties to face than had
6174-402: The guidance and protection of the United Kingdom. In the medium term, the Act was expected to (in rough order of importance): This was done by over-representing the princes, by giving every possible minority the right to separately vote for candidates belonging to their respective communities (see separate electorate ), and by making the executive theoretically, but not practically, removable by
6272-687: The hands of the British-appointed Viceroy and provincial governors who were subject to the control of the Secretary of State for India . 'Given the enormous powers and responsibilities which the Governor-General must exercise his discretion or according to his individual judgment, it is obvious that he (the Viceroy) is expected to be a kind of Superman. He must have tact, courage, and ability and be endowed with an infinite capacity for hard work. "We have put into this Bill many safeguards", said Sir Robert Horne... "but all of those safeguards revolve about
6370-462: The legal instruments to take back total control at any time they considered this to be desirable. However, doing so without good reason would totally sink their credibility with groups in India whose support the act was aimed at securing. Some contrasting views: "In the federal government… the semblance of responsible government is presented. But the reality is lacking, for the powers in defence and external affairs necessarily, as matters stand, given to
6468-507: The legislature or the executive. Article 50 of the Constitution provides that the state must take measures to separate the judiciary from the executive in the public services. Judicial review was adopted by the constitution of India from judicial review in the United States . In the Indian constitution, judicial review is dealt with in Article 13 . The constitution is the supreme power of
6566-500: The legislature. 'At a banquet in the princely state of Benares, Hailey observed that although the new federal constitution would protect their position in the central government, the internal evolution of the states themselves remained uncertain. Most people seemed to expect them to develop representative institutions. Whether those alien grafts from Westminster would succeed in British India, however, itself remained in doubt. Autocracy
6664-671: The nation, and governs all laws. According to Article 13 : Due to the adoption of the Thirty-eighth Amendment , the Supreme Court was not allowed to preside over any laws adopted during a state of emergency which infringe fundamental rights under article 32 (the right to constitutional remedies). The Forty-second Amendment widened Article 31C and added Articles 368(4) and 368(5), stating that any law passed by Parliament could not be challenged in court. The Supreme Court ruled in Minerva Mills v. Union of India that judicial review
6762-406: The necessity of constitutional change, resulting in the Government of India Act 1919 . That Act introduced a novel system of government known as provincial "diarchy", i.e., certain areas of government (such as education) were placed in the hands of ministers responsible to the provincial legislature, while others (such as public order and finance) were retained in the hands of officials responsible to
6860-400: The new entity would have included nominally sovereign (and generally autocratic) princely states . A different approach was considered by some, though, as the draft outline constitution in the Nehru Report included such a bill of rights. At the partition of India in 1947, with relatively few amendments, the Act became the functioning interim constitutions of India and Pakistan. The Act
6958-441: The path of parliamentary democracy. Butler blamed Jinnah for the subsequent secession of Pakistan, likening his strength of character to that of the Ulster Unionist leader Edward Carson , and wrote that "men like Jinnah are not born every day", although he also blamed Congress for not having done enough to court the Muslims. In 1954 Butler stayed in Delhi, where Nehru, who Butler believed had mellowed somewhat from his extreme views of
7056-417: The power to make laws for that state unless the Governor-General in his discretion is satisfied that the matter affects federal interests or affects a British subject, and has given his consent to the matter being discussed or the question being asked.' 'I don't believe that… it is impossible to present the problem in such a form as would make the shop window look respectable from an Indian point of view, which
7154-589: The powers are vested in the Governor-General and the Governor. But is not every power here vested in the King? Everything is done in the name of the King but does the King ever interfere? Once the power passes into the hands of the legislature, the Governor or the Governor-General is never going to interfere... The Civil Service will be helpful. You too will realize this. Once a policy is laid down they will carry it out loyally and faithfully... We could not help it. We had to fight
7252-467: The powers between centre and units in terms of three lists: federal list, the provincial list and the concurrent list. Indians had increasingly been demanding a greater role in the government of their country since the late 19th century. The Indian contribution to the British war effort during the First World War meant that even the more conservative elements in the British political establishment felt
7350-444: The provincial part of the Act conferred a great deal of power and patronage on provincial politicians as long as both British officials and Indian politicians played by the rules. However, the paternalistic threat of the intervention by the British governor rankled Indian nationalists. Unlike the provincial portion of the Act, the federal portion was to go into effect only when half the states by weight agreed to federate. This agreement
7448-416: The representatives of the advanced, dynamic West allied themselves with the most reactionary forces of the backward, stagnant East.' 'There are several restrictions on the freedom of discussion in the federal legislature. For example, the act forbids ... any discussion of, or the asking of questions about, a matter connected with an Indian State, other than a matter concerning which the federal legislature has
7546-476: The rule of law. In Kesavananda Bharati v. State of Kerala , the Supreme Court ruled that an amendment cannot destroy what it seeks to modify; it cannot tinker with the constitution's basic structure or framework, which are immutable. Such an amendment will be declared invalid, although no part of the constitution is protected from amendment; the basic structure doctrine does not protect any one provision of
7644-417: The same term [REDACTED] This disambiguation page lists articles associated with the title Schedule 2 . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Schedule_2&oldid=1151212954 " Category : Disambiguation pages Hidden categories: Short description
7742-458: The statement of the Secretary of State for India , Edwin Montagu , to the House of Commons on 20 August 1917, which pledged "the gradual development of self-governing institutions, with a view to the progressive realization of responsible government in India as an integral part of the British Empire ". Indian demands were by now centring on British India achieving constitutional parity with
7840-491: The strategic initiative. However, imperialist sentiment, and a lack of realism, in British political circles made this impossible. Thus the grudging conditional concessions of power in the Acts of 1919 and 1935 caused more resentment and significantly failed to win the Raj the backing of influential groups in India which is desperately needed. In 1919 the Act of 1935, or even the Simon Commission plan would have been well received. There
7938-567: The task of framing the Constitution could not have come to so successful a conclusion. Much greater share of the credit must go to Mr. S. N. Mukherjee , the Chief Draftsman of the Constitution. His ability to put the most intricate proposals in the simplest and clearest legal form can rarely be equalled, nor his capacity for hard work. He has been an acquisition to the Assembly. Without his help this Assembly would have taken many more years to finalise
8036-479: The two countries were largely psychological, the same proposals open to opposed interpretations. He had not, probably, taken in before his visit how considerable, in the eyes of British conservatives, the concessions had been… If nothing else, successive conversations made clear to G.D. that the agents of the Bill had at least as heavy odds against them at home as they had in India. Under the Act, British citizens resident in
8134-454: The utter insignificance of Indian capital in Britain and the non-existence of Indian involvement in shipping to or within the UK. There are very detailed provisions requiring the Viceroy to intervene if, in his unappealable view, any Indian law or regulation is intended to, or will, in fact, discriminate against UK resident British subjects, British registered companies and, particularly, British shipping interests. "The Joint Committee considered
8232-602: The white paper proposals for a year and a half between April 1933 and November 1934, amidst much opposition from Winston Churchill and other backbench Conservatives. The House of Commons approved the Joint Select Committee report in December after an emollient speech by Conservative leader Stanley Baldwin , who stated that he respected the principled position of the bill's opponents and that he did not wish feelings in his own party to become permanently embittered. Based on
8330-507: The white paper, the Government of India Bill was framed. It was immensely long, containing 473 clauses and 16 schedules, and the reports of the debates took up 4,000 pages of Hansard . At the committee stage and later, to appease the diehards, the "safeguards" were strengthened, and indirect elections were reinstated for the Central Legislative Assembly (the central legislature's lower house). The opposition Labour Party opposed
8428-489: The words "Here endeth the last chapter of the Book of Jeremiah " and commented that Churchill's speech had been "not only a speech without a ray of hope; it was a speech from beginning to end, like all his speeches on the subject, utterly and entirely negative and devoid of constructive thought." Rab Butler , who as Under-Secretary for India helped pilot the Act through the House of Commons, later wrote that it helped to set India on
8526-534: Was president of the United Nations Security Council , was appointed as the assembly's constitutional adviser in 1946. Responsible for the constitution's general structure, Rau prepared its initial draft in February 1948. The draft of B.N. Rau consisted of 243 articles and 13 schedules which came to 395 articles and 8 schedules after discussions, debates and amendments. At 14 August 1947 meeting of
8624-499: Was "a principle which is firmly seated in the Indian States," he pointed out; "round it burn the sacred fires of an age-long tradition," and it should be given a fair chance first. Autocratic rule, "informed by wisdom, exercised in moderation and vitalized by a spirit of service to the interests of the subject, may well prove that it can make an appeal in India as strong as that of representative and responsible institutions." This spirited defence brings to mind Nehru's classic paradox of how
8722-455: Was a dominion of United Kingdom for these three years, as each princely state was convinced by Sardar Patel and V. P. Menon to sign the articles of integration with India, and the British Government continued to be responsible for the external security of the country. Thus, the constitution of India repealed the Indian Independence Act 1947 and Government of India Act 1935 when it became effective on 26 January 1950. India ceased to be
8820-447: Was a satisfactory alternative to the scheme of the 1935 Act. Sapru replied that they should stand fast on the Act and the federal plan embodied in it. It was not ideal but at this stage, it was the only thing... A few days after Sapru's visit Birla came to see the Viceroy. He thought that Congress was moving towards the acceptance of the Federation. Gandhi was not over-worried, said Birla, by the reservation of defence and external affairs to
8918-468: Was a void to that extent. One or two people were far away from Delhi and perhaps reasons of health did not permit them to attend. So it happened ultimately that the burden of drafting this constitution fell on Dr. Ambedkar and I have no doubt that we are grateful to him for having achieved this task in a manner which is undoubtedly commendable. B. R. Ambedkar in his concluding speech in constituent assembly on 25 November 1949 stated that: The credit that
9016-405: Was also unimaginative, stolid, and legalistic, and found it very difficult to "get on terms" with people outside his immediate circle. After the 1937 provincial elections , provincial autonomy commenced. From that point until the declaration of war in 1939, Linlithgow tirelessly tried to get enough of the princes to accede to launch the Federation. In this, he received only the weakest backing from
9114-540: Was controversial in Britain, demonstrating the rapidly widening gulf between British and Indian opinions as to the desirability, extent, and speed of progress towards, the promised system of self-government contained in the 1919 Act's preamble. Although the Simon Commission had taken evidence in India, it had met with opposition there, and its conclusions weren't accepted by Congress (the largest political party). In an attempt to involve Indians more fully in working out
9212-507: Was necessary for the purpose of drafting a constitution so important to us at this moment has not been given to it by the Drafting Committee. The House is perhaps aware that of the seven members nominated by you, one had resigned from the House and was replaced. One died and was not replaced. One was away in America and his place was not filled up and another person was engaged in State affairs, and there
9310-467: Was never reached, and the federation's establishment was indefinitely postponed after the outbreak of the Second World War . The federal part of the Act only entered into effect in modified form, separately in respect of the Dominion of India and Dominion of Pakistan , pursuant to the Indian Independence Act 1947 . The Act provided for dyarchy at the centre. The British government, in the person of
9408-416: Was not only extremely detailed but also contained many "safeguards" designed to enable the British Government to intervene whenever it saw the need to maintain British responsibilities and interests. To achieve this, in the face of a gradually increasing Indianisation of the institutions of the Government of India, the Act concentrated the decision for the use and the actual administration of the safeguards in
9506-525: Was provided with overriding and certifying powers that could, theoretically, have allowed him to rule autocratically. The federal part of the Act was designed to meet the aims of the Conservative Party. Over the very long term, the Conservative leadership expected the Act to lead to a nominally dominion status India, conservative in outlook, dominated by an alliance of Hindu princes and right-wing Hindus which would be well disposed to place itself under
9604-471: Was the first Speaker of the Lok Sabha (the lower house of Parliament) after India turned into a republic. B. R. Ambedkar , Sanjay Phakey, Jawaharlal Nehru , C. Rajagopalachari , Rajendra Prasad , Vallabhbhai Patel , Kanaiyalal Maneklal Munshi , Ganesh Vasudev Mavalankar , Sandipkumar Patel, Abul Kalam Azad , Shyama Prasad Mukherjee , Nalini Ranjan Ghosh , and Balwantrai Mehta were key figures in
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