1. The Indian Independence Act,
1947
The Provisions of the Act :
The Act provided for the creation of
two independent Dominions. India and
Pakistan from 15th August 1947
Each Dominion was to have a
Governor General appointed by the King
2. The Constituent Assemblies of both
Dominions were empowered to frame
laws for their respective territories till
the new Constitution came into force
After August 15, 1947 the British
Government was not to control the
Dominion or the Provinces
3. For the time being till the new
Constitution were framed, each of the
Dominions and the Provinces were to be
governed by the Government of India
Act 1935
The Post of Secretary of the State for
India was to be abolished and was taken
over by Secretary of the Commonwealth
of Nations
The Act proclaimed lapse of British
paramount over Indian States
4. The framing of the New
Constitution
Drafting committee of 7 members was
set up under the Chairmanship of Dr.
B.R. Ambedkar
The Draft Constitution was published
in January 1948
8 months were given for the
discussion on the Draft to the people
of India
5. The New Constitution of India was
adopted by the Constituent Assembly
on 26th November 1949 and signed by
the President Dr. Rajendra Prasad
The date of commencement of
Constitution of India is 26th January
1950
6. The nature of Indian
Constitution
Federal Constitution :
1. Division of Powers :
There is division of powers between the
Federal and the State Governments and
both are independent in their own
spheres
The federal and State governments are
not subordinate to one another
2. Supremacy of the Constitution – a
federal state derives its existence from
the Constitution
7. In Federal State Constitution is the
supreme law of the land
3. Written Constitution :
Must be a written Constitution
The foundations of a Federal State
are complicated contracts
Hence the terms of the Constitution
must be in writing
Written Constitution provides to
maintain the supremacy of the
Constitution
8. 4. Rigidity
A natural corollary of a written
Constitution is its rigidity
The procedure of amendment is very
complicated and difficult
But it can be altered following due
process
Constitution as a permanent
document, it should not be easily
amended
The rigid method of amending process
protects the supremacy of the
Constitution
9. 5. Authority of courts
Legal supremacy is important feature of
federal Constitution
Division of powers is equally applicable
for two sets of Governments
Independent and Impartial Judiciary is
the basic feature of Indian Constitution
Supreme Court is the interpreter of the
Constitution
The provision of Constitution which are
concerned with federal principles cannot
be altered without the consent of the
majority of the States
10. Unitary Constitution :
The powers are centralised in one
government viz the Central
Government
The provinces are Subordinate to the
Center
