THE CO~MqNWEAtTH

' . . /

OF.. IN~1A BILL

!ssUEL BY TH!
,•
Jt(~noN.u CoNVENTim~~·t:~u.. .1924, ·1925. FOR
PF.ESEl''U.tlON TO THE PARW!l:£NT Oi GRUT BRITAIN

GENERAL 'SECRETARX-'S OFFICE, .,

P..o. BOX No. 90~, MADRA~. S.. ~ .,.
IS~S
: · • • • f
..
...Price Aa.. a.·
..· PoJt free
 THE COMMONWEALTH OF INDIA BlDL
... .. · '

Whereas it lR the del'lir; of the Indian People $0 exercise

anew the ancient a.nd recognised right of SeU-Government,
enjoyed by their ~ne·estor's from time immemorial, and to
recegnise H. I. :f4. the King-Emperor as their Sovereign and
the Protector of their Commonwealth, and to provide for the
exercise of that right' f~m the village upwards fn' e'ch
successive area. of wider extentJ to be earned by cha.ractet,
or public service : · · . · : . · ·· · ·
And . whereas it is ne~essa.ry for the (iignity, peace
and contentment of the People of India and also for
the welfare and continued amity of .the. British and Indian
Nations, that India should be placed · on an equality
with t,he Self-Governing Dominion,s,. sharing their responsi~
hili ties and .their prifileges,: as a Free· State in the Federa-
to .
tion of Free States owning alle$ia.nce H. I. M. the King-
~~m: ..
And whereas it is convenient to continue the fiv~· areas
of the Village (Grim or Maud.), the TaluU (Tebsil o~ Sub·
District) comprising a. group of villages), the District (Zillll.),
. the Province . (Ra.shtra). and India (Hindustln); excluding
for the time beingthe Indian States, as Units of Government:
· And whereas it is nec~ssa.ry for the preservation ~r the
liberty of the subjecl and the efficient discharge of the 'rune.:
tions of Government, that its three great spheres of activity,·,
Legislative, Executive, and J\ldicial, in so far as may be con.
sis tent with public .weal. shall be independent of each other:
And whereas it is expedie"nt to make provision for the
eventual creation of Provi;ces in areas where at pres~nt
they do not exist, and forth~ division•of Provinces· found to
be too large, and for all territorial re .. arrangements necess~ry
for convenience of administration, ot other reason:. ·
 .
2

BE IT THEREFORE ENACTED by the King-Emperor's Most

Excellent Majesty by and with 'the advice and consent of the
Lords Spiritual and Temporal and Commons in this present
Parliament assembled and by the authority of the same
as follows:
Short Title
1. This Act may be cited as· the Commonwealth of
India. Act.
Act to e;dend to the King's Successors
%. The provisions of this Act referring to the King shall
also refer to His Majesty's heirs and successors in the
sovereignty of the United Kingdom.
ProclamaUon of the Commonwealth
3. It shall be lawful for the King, with the advice of the
Privy Council, to declare by Proclamation, on and after a date
therein appointed, not being later than one year after the
passing of this Act, the e!tablishment of the Commonwealth
of India. ·
Commertcement of the Act
4. This Act shall take effect on and after:the day so
appointed ; but the Indian and Provincial Legislatures under
the Government of India Act shall have power to take such
action as may be necessary to bring this Act into force.
Operation of the Constitution and Laws
'· 5.. This Act and all laws ·made by the Parliament of
the Commonwealth thereunder shall be binding on the Courts
and people of every Province and of every part of the Com-
monwealth, notwithstanding anything in the laws of any
Province or in any Act of the United Kingdom extending to
British India; and the laws of the Commonwealth shall be in
force in all Indian territorial waters.
Repeal of the Government of India Act
6. (a) The Government of India Act is hereby repealed,
but so as not to affect any laws in force at the establishment
of the Commonwealth; but any such laws as are incom-
 3

patible with this Act, including the Rules the'r.eunder, shaJl

be void to the extent of the incompatibility;·· ·
(b) All Acts repealed by the Government of India. Act
shall stand repealed.
· Fundamental Rights
7. (a) No person shall be deprived of his liberty, nor
shall his dwelling or property be entered, sequestered, or
·.confiscated, save in accordance with law and .by duly con-
stituted Courts of Law.
(b) Freedom of conscience and the free profession· ana
practice of religion are, subject to'public order or morality,.
hereby guaranteed to every 'person. ·
(c) The right of free expression of opinion, as well as the
right to assemble peaceably and without arms, and to fot:m
associations o~ unions, is hereby guaranteed for purposes no~
opposed to public order or morality, or the law relating to
defamation for the time being.
(d) All persons in the Commonwealth of India have' the
right to free elementary education, and such. right shall be
enforceable so soon as due arrangement!" shall have been
made by the competent authority.
(e) All persons have an equal right to the use of roads,
Courts of Justice, and all other places of business ~r resort
dedicated to the public, provided· they do not disturb public
order or disobey any lawful ·notice issued ·by a competent
authority. . •
· (f) All persons residing within the Commonwealth,
whether permanently or temporarily, are equal before the
Law,.aod shall be tried fo'r similar offences in Courts of the
ume order and ~Y Judicial Officers of the same grade.
(g) There shall be no disqualification or disability on
the basis of sex.
Def{nitions
8. "The Commonwealth". shall meJ).n the Common-
wealth of India, aa established under thiS Act. •
 4
"Provinces" shall mea.n such of the P1. rts of the Common.
1 wealth as have Provincial Autonomy, und\'f a Governor, a.
I Provincial Legisla.tur~, a Provincial Cabinet and a High
I €ourt.
a "Parliament" shall mean the · Parliament of the
'Commonwealth of India. ·
, The Constitution of the. Commonwealth .
I
9. The Constitution of the Commonwealth shall be as
follows:
CHAPTER I. Parliament.
a · Part · i. General.
81 Part ii. The Senate. "
. I Part iii. The Legislative Assembly.
I
Part iv.. Both Houses of Parliament.
p · CHAPTER II. The Executive Government.
III. The Judicature
tl " IV. Finance and Trade. ·
p: " · V. The Provinces.
ol l'art i. General.
Part ii. :::'he Provincial Legislature.
Part iii. The Executive Government.
Part iv•. The Judicature,
I

a: CHAPTER VI. New Provinces •.

tl VII. Sub-Provincial Units.
" Part i. Genera.l.
Part ii. The Village (Rural) or Ward (Urban).
·Part iii. The Taluka.
"
Part iv. The District (Rural) or Municipality
&l (Urban).
m CHAPTER VIII. Defence
p IX. Miscellaneous.
B " X. Alteration of the Constitution.
n
fc SCHEDULE 1. Oath or Affirmation of Allegiance.
2. Qualifications and disqua lifica.tions re-
" lating to the Legislatures •
bt 3. Powers of the Legislatures.
•
n
of 4. Transitory Provisions.
n
 s
·CHAPTER t.
PARLIAMENT
P.A.RT L GENERAL
Legislative Power
10.. The Legisl~tive Power of the -ComJD.onwea.lths~al1
be vested in a .Parliament which shall. consist of the
King, a Senate and a. Legislative Assembly, and which is
hereinafter · ca.lJ~d "Parliament.~' or~' .the Parlia~~nt of th.e
Commonwealth".
The Viceroy
11. A Viceroy appointed ·by the King shall be Hia
}lajesty's representative in the Commo~wealth, and sha.ij
have and ma.y exercise in the Commonwealth, du.ring ~he
King's pleasure, but subject to this Constitution and tea
Schedule 4, such power~ and functions of the King as His
Majesty may be ple~sed to assign to hiin. ·
Salary of th8 Victiov
12. There shall be payable to the K:ing out ofthe consoli--.
dated revenue fund of the Commonwealth, for the salary of
the Viceroy, an annual sum which, until Parliament. other-
wise provides, shall be as hereunder in Schedule 4... ·
The sala.ey of a Viceroy shall J?.Ot be altered during hia
continuance in office. · ·· ·
... Provision11 Relating to tlte Viceror,
13. The provisions of this Constitution relating to the·
King extend- and apply to the Viceroy for the time l;)eini
or such person as the King may appoint to administer the
Government of the Commonwealth ; but no such person shall
be entitled to receive any salary from the Commonwealth iu.
respect of any other office during his administra.tion of the
Government of the Commonwealth.
Sessions of Parliament, Prorogation and Dissolution
U. The Viceroy may appoint such times1or holding the
~essions of Parliament as be thinks fit, and may alst
 6

from time to time, by Proclamation or otherWise, prorogue

Parliament, and may, in like. mari.n.er, d~ssolve the Legis-
lative Assembly.
Summoniny Parliamen~
15. After any general election, Parli~ment shall be
summoned to meet not later than thirty days . after the · da:y
appointed for the return of the writs. Parliament shall ·be
8U1Jlmoned to meet not later than. one year after the establish-
ment of the Commonwealth.
Yearly Session of Parliament .
16. There shall be a se!llsion of Parliament once at least
in every year, so that twelve months shall not intervene
'between the last sitting of Parliament iri one session and its
first sitting in the next session..
PART II. THE SENATE
Constitution of the Senate
. 17. (a) The Senate shall be composed of persons who
• have rendered conspicuous public service. The number of
members of the Senate shall be assigned to the several Pro-
vinces according to law made bv Parliament, subject to
Schedule 4, and elected according to rules made thereunder.
(b) The regulations regardingrnembers and electors shall
be as specified in Schedule 2.
. Duration of Membership
18. Subject to the provisions for· the constitution of the
first Senate mentioned in Schedule 4, the terrn of office of a
member of the Senate shall be six years.
Method of Election
19. One half of the number of members of the Senate in
each Province shall be elected by proportional representation
every three rears from a panel constituted as hereinafter
mentio'hed :
(a) Before each election of the members of the Senate a panel
shall be formed in each Province consisting of three times
as many qualified person$ as there are members to be
 7
elected in that area, of which one-third shB.U be nominated
by the Senate, one-third by the Legislative Assembly and
one-third by the Provincial Legislature.
(b) Such other persons ·who have been members of the Senate, or
of the Council of State under· the Government of India
Act. as shall signify by notice in writing, addressed
to the Viceroy, their desire to be added to the panel.
Provided however that the first elections shall be helg
according to the provisions in Schedule 4.
. Casual Vacancie3 .
20. In the case of death, resignaUon or disqualification
of a member of the Senate, his place shall be filled by co-
option by the Senate. The member so chosen shall retire
from office at the conclusion of the remaining period of the
vacancy.
Failure to Choose Members
21. The Senate may proceed to the despaieh of business,
notwithstanding the failure of any Province to provide for
its representation in the Senate.
Electoral Division .
22. Each Province shall be a single constituency for the
purposes of this election.
Election of Presiclent
23. Tbe Senate shall, before proceeding to the despatch
of any other business, choose a member to be .the .President
of the Senate; and as often as the office of President becomes
vacant, the Senate shall again choose a member to be the
President. The President shall cease to hold his office if he
ceases to be a member of the Senate. He may resign his
office by notice in writing, addressed to the Viceroy.
PART III. THE LEGISLA.TIVE ASSEMBLY
Constitution of the Legislative Assembly
24. (a) The Legislative Assembly shall be composed of
members assigned to the several Provinces by a law made by
Parliament, subject to Schedule (, and elected according to,
rules thereunder.
 (b) ~he reg~lations regarding members and electors
shall be as specified in Schedule 2.
Duration efthe Legislative .A~sembly
25. Every Legislative Assembly sha.lJ cop.tinue for five
years from the first meeting of the Assembly, and no longer,
but may oe dissol~ed sooner by the Viceroy.
Failure w Choose Mernbers
26. The Legislative Assembly niay proceed to· the
despatch of business, notwithstanding the failure of any
constituency to provide fo1 its representation in the. Legis-
lative Assembly.
Electoral' Divis1:ons
27. A Provincial . Legislature may make la.ws for
fixing the constituencies in its Province for which members
. of the Legislative Assembly may be:chosen, and the number
of members to be chosen for each division, but so as not to
increase the total number of members fixed for 'the Province.
Election of Speaker .
28. The Legislative Assembly. shall, before proceeding
to the despatch of any other business, choose a. member to be
the Speaker of the House, and as often as the office of
Speaker becomes vacant the House shall again choose a.
member to be the Speaker. _.
The Speaker shall cease to .hold his office if he ceases to
be a member. He may resign his office by notice in writing,,
addressed to the Viceroy.
Election of a Deputy Speaker
29. In addition to the Speaker, the Assembly shall also
choose a member to be the Deputy Speaker of the House, who
shall perform the duties pf the Speaker in his absence, ~nd
such other duties as may be assigned to him by the Speaker.
PART IV. BOTH HOUSE& OF PARLIAMENT
Oath or Affirmation of Allegiance .
30. Every member of farlia.ment shall, before taking his
seat, make and subscribe before the Viceroy, Of some person
 9

authorised by him, ·an oath or affirmation 'of allegiance in the

form set forth in Schedule 1.
Writs fqr Elections
31. The Viceroy,. acting on the advice of the Cabinet,
shall cause writs to be i~sued for the. elections of members
to the Legislative Assembly and the Senate, subject to
Schedule 4. ·
After the first general election the writs shall be issued
within thirty days from the expiry of a Legislative Assembly
or from the proclamation of dissolution thereof.
Members of Ctne House Ineligible for the Other
32. A member of either House of Parliament shall he
incapable of being chosen or of sitting as a member of the
other House; provided that every Minister of State shall have
the right to sit and speak in either House, but shall vot? only
in the House. of which he is a member.
Provided· further that, subject to Schedule 4, a person
nominated by the Viceroy for a special purpose and for a
fixed term, shall &lso have the right to sit and speak in
either House but not to vote.
Privileges, etc., of Members
33. The powers, privileges and immunities of the Senate
and of the Legislative Assembly and of the members and
Committees of each House shall be those enjoyed and pos-
sessed by the British House of Commons and by its members
and Committees; and in particular no person shall be ·liable
to any proceedings in any Court by reason of his speech or
vote, or by reason of anything contained in any official report
of the proceedings of Parliament.
Rules and Orders
34. Each House of Parliament may make rules and
orders with respect to :
(i) The mode in which its powers, privileges and im-
munities may be exercised and upheld.
 10
(ii) The order and conduct of its business and proceedings
either separately or jointly with the other House.
(iii) The issue of writs for vacancies.
(iv) The vacation of seats and resignation of members ;
Provided that at the commencement of the Act they shall
be those then in force.
Powers of Pa:rliament
35. (a) Parliament shall have power to make laws for
the peace, order and good government of the Commonwealth
in respect of the 'subjeets specified in Schedule 3, and in
respect of all subJects not assigned ~o Provincial Legislatures.
. Provided. that. until such time as Parliament shall,· in
pursuance of the recommendation of the Defence Committee,
herein~fter specified, by its own act, signify its readiness to
assume control ~ver the naval, military and air forces of the
Commonwealth, it shall have no power to. make any law with
regard thereto, without the previous approval of the Vice~oy.
(b) The Powers of ·Parliament with respect to Foreign
Affairs (not including the Indian States) ~hall be the same as
those exercised by any one of the other Self-Governing
Dominions.
ttllfl'.
Appropriation and Tax Bills
36. (a) Any BilJ which appropriates revenue or moneys
for the ordinary annual services of the Government shall deal
only with such appropriation.
(b) Bills imposing taxation· shall deal only with the im-
position of taxes, and any provision therein dealing with any
other matter shall be of no effect.
. (c) Bills for the appropriation of :tevenues or moneys
or Lfor fmposing taxation shall be introduced only by a
member of the Cabinet, and can only originate in the
Legislative Assembly.
Parliament•s .Assent to Bills
37. No Bill shall become law until it bas been passed
 11

by both Houses of Parliament, without any amendme11ts or

with such amendments as may be agreed to by them.
Disagreement between the Two Houses
38. If the Legislative Assembly passes any Bill and the
.Senate rejects or fails to pass it, or passes it with amendments
· to which the Legislative A~sembly will not. agree,
the Viceroy .sha.l~ during that session~ convene a.
joint sitting of. the members of the Senate an4 of
the Legislative Assembly. . The members present at any
such joint sitting may deliberate and shall vote together
upoQ the Bill as la~t proposed by the Legislative Assembly
and upon amendments, if any, which have been made therein
by one House ~f Parliament a~d not agreed to by the o~h:r ;
and any such imendments which. are affirmed by a ma]or1ty
of the total number of members of the Senate and the Legis-
lative Assembly present at such sitting shall be taken to ha'Ye
been carried, and if the Bill with the amendments, if any, is
affirmed by a majority of the members of the Senate and the
Legislative Assembly present at s·uch sitting, it shall be taken
to have been duly passed bY. both Hou~es of Parliament.
Royal Assent to Bills
39. A Bill passed by both Houses of Parliament shall
be presented to the Viceroy for the King's · assen~.
CHAPTERll
THE ExECUTIVE GOVERNMENT
Executive Power
40. (a) The Executive Power· of the Commonwealth i:a.
vested in the King and is exercisable by the Viceroy as the
King's representative, acting on the advice of the Cabinet,
subject to the provisions of this Act, and extends to the
execution and maintenance of this Act and of the Laws of the
Commonwealth.
(b) Subject to the provisions.of this Act, andlo legislation
by the Commonwealth Parliament, the Viceroy, acting' on
the advice of the Cabinet, shall have and perform all encu.:.
tive powers a.nd duties·. relating to the.Government or reve·
nues of India, as might or should have been exercised or
performed by His Ma.jesty's· Secretary of State, or the Secre-
tary of State in Council, before this Act came into force.
. The .Cabinet ·. .
-.1. (a) There shall be a Cabinet consisting ol the Prime
Minister and not less than seven Ministers of State for the
Common wealth..
(b) The Prime Minister shall be appointed by the Viceroy,
and the Ministers of State shall also be appointed by him, on
the advice of the Prime Minister.
(c) The Cabinet shall be collectively· .responsible for. the
administration of the Executive Departments of the Com..
inonwealth subject to the provisions of this Act~
.lYiinisters of State to sit in Parliament
.· 42. No Minis.ter of State shall hold office for a period
longer than three months, unless he is or becomes a member
of one of the Houses of Parliament.
Provided however that a Minister of State, appointed at
the coming into operation of th~ Act, shall not hold office for
a period longer than six· months, unless he is or becomes &
member of one of the Houses of Parliament.
Vote of No Oonjidelnce
43. If a vote. of no. confidence in the Ca.b'inet shall
have been carried. in the Legislative ·Assembly, the Prime
!tfinister shall request the Viceroy to dissolve .the Legislative
l!\ssembly or the Cabinet shall retire. from office. In either
case, it shall continue to carry on its duties until its successor
$hall have been appointed. ·
Salaries of Ministers of State
-44. ·.Thera shall be payable to the King out ofthe con·
solida.ted revenue fund of the Commonwealth for the salaries
of the Ministers of State an annual · sum, which Parliament
shall provide, subject to Schedule 4.
 13
Appointment of a High Commissioner
45. , There ·shall be a High Commissioner for India i.n .
the United Kingdom appointed by the Viceroy, on the advice
of the Ca.binet, for the performance of such duties as m~y be
assigned to him. ,
.Appointment of Other Members of the Gooernment ,
46. Until Parliament· otherwise provides, the appomt-
me;nt and removal .of all other officers of, the .Executive
Government of the .Commonwealth shall b$ vested in the
Cabinet. ..
Command of Military, Naval an.d Air Forces
47. The command-in-chief ofthe military, naval and e.ir
forces of the Commonwe.a.lth is vested in the Viceroy, as tb.e
King's reprtsentative.
CHAPTER 111.
Tm; JUDICATURE
Judicial Power and Courts
48. There shall be a Supreme Court, which shall, sub;-
ject to the provisions hereinafter contained, exercise such
jurisdiction as Parliament shali determine~ The, Supreme
Court shall consist of a Chief Justice, and so many other
Justices, not less than two; as Parliament prescribes._
Judges' .Appointment8, Tenure and Remuneration
49. The Justices of the Supreme Court and of the. High
Courts created or continued under this Act :
(i) shall be appointed by the King ; · ·
(ii) shall not be removed except by the King on an ·addtess from -·
both Houses of Parliament in the same session, praying
for such removal, on the ground of proved misbehavior or
inrapacity; ·
(iii) shaD receive such rem~neration as Parl~ment may fix; but ·
the remuneration of a Justice shall not be diminished
during his continuance in office, and shall not be less than
that of any member of the Cabinet, ·
.Appellate Jurisdictimi of t'M Supreme Court·
50. The Supreme Court shall have jurisdiction, with such
exceptions and subjec.t to such regulations~ as. Parliament
 14

prescribes, to hear and determine appeals from all judgment8,

decrees; orders and sentences:
(i) of any Justice or Justices exercising the original juri'ldi<.tion
of the Supreme Court ;
(ii) of the High Court. of any Province, or of any other Court
of any Province from which at the establishment of the
Commonwealth an appeal lies to the King in Council ; and
the judgment of the Supreme Court in all such cases shall
be final and conclusive. ·
But no. exception or regulation· prescribed by Parlia-
ment shall prevent the Supre~e Court from hearing and
determining any appeal from the High Court of .a Provine~
in any matter in which, at the establishment of the Common-
wealth, an appeal lies from such High Court to the King in
·Council. .
Until Parliament otherwise provides, the conditions of
and Testrictions on appeals to the King in Council from the
High Courts of the several Provinces .shall be applicable to
appeals from them to the Supreme Court. ·
. ..Appeal to King in .Council
51. (a) No appeal 1shall be permitted to the King in
Coun:cil from a decision· of the S_upreme Court upon any
question, howsoever arising, as to the limits inter se of the
constitutional powers of the Com'monwealth and those of any
Province or Provinces, or as to the limits inter Se of the
constitutional powers of any two or more Provinces, unless
the Supreme Court shall certify that the question is one
which ought to be determined by the King in Council.
(b) Tb,e Supreme Court may so .certify ·if satisfied that
for any special reason the certificate should be granted, and
thereafter an appeal shall lie to the King in Council on the
question without further leave.
(c) Parliament may make Jaws limiting the. matters in
which such leave may be asked, provided that such laws do
not i~pair any right which the King may be pleased to
exercise by . virtue of His Royal prerogative to grant special
 15
leave of appeal from the Supreme Court to the King in
Council.
Original Jurisdiction· of the Supreme Court·
52. The Supreme Court shall have original jurisdiction,
. 1ubject to Schedule 4, in all matters:
(i) arising under any treaty; · · -
(ii) affecting consuls or other representatives of other countries ;
(iii) in which the Commonwealth, or a person suing or being
· sued on behalf of the Commonwealth, is a party ;
(iv) between Provinces, or between residents of different Pro~
vinces, or between a Province ~~oDd a resident of another
Province; .
(v) in which a writ of mandamus or prohibition or injunction is
. sought against an officer ~f the Commonwealth.
Additional Original Jurisdiction
53. Parliament may make Jaws conferring original
jurisdiction on the Supreme Court in any matter:
(i) arising under this r..onstitution; or involving its internreta-
tion; · '
(ii) arising under any laws made by Parliament;
· (iii) of Admiralty and maritime jurisdiction;
(iv) relating to the same subject matter claimed under the laws
. of different Provinces.
Power to Define Jurisdiction
54. With respect to any of the matters mentioned in the .
last two Sections Parliament may make laws :
(i) defining the jurisdiction of any Court, other than the
Supreme Court; · ·
(ii) defining the extent to which the jurisdiction .of any such
Court shall be exclusive of that which belongs to or is
invested in the Courts of the Provinces ;
(iii) investing any Court of a Province with jurisdiction in- .
respect of matters specified i~ §.52 (iii) (iv) & (v). · , .
Proceedings against Commonwealth or Province
55. Parliament may make laws conferring rights against
the Commonwealth or a Province in respect of matters
~ithin the limits of the judicial power.

Number of Judges ,.
56. The jurisdiction of any Court may -~e exercised by
such number of Judges as Parlia.ment mafprescribe.
 16
· Tt·ial by Ju~y
57. The trial of offences against any law of the Common.
wealth shall ordinarily be by jury. and be subject to rules
made under this Act. )' -
CHAPTERlV .
FINANCE AND TRADE
The Revenues of the Commonwealth
. 58. ~a) All revenues or.moneys received by the Exec~tive ·
Government of the Commonwealth shall form one consoli-
•
dated revenue fund and shall vest in the Viceroy, to be
appropriated for the purposes of the Commonwealth in the
manner prescribed and subject ·to the charges and liabilities
imposed by this Act. · ·
· (b)' The expression," the revenues oftheCommonweath"
in this Act sh~ll Include, a'U the tetritoria.l and other revenues
of; or arising in, the Commonwealth ; an.i in particular :
(i) all tributes and other payments in respect of any. territories
which would have been xeceivable by or in the name of
the East India Company if the Government of India Act,
1858, (21 and 22 Viet., c.106) had not been passed; and
· (ii) all fines and penalties .incurred by the sentence or order of
any Court of Justice in the Commonwealth and all forfei~
tures for crimes, of any movable or immovable property
in the Commonwealth ; and . '
(iii) all movable or immovable property in the Commonwealth
escheating or lapsing for want of an heir or successor, and
all property in the Commonwealth devolving as bond
vacanti4 for want of a rightful owner..
(c) AU property vested in, or ~rislng or accruing from
property or rights vested in His Majesty under the Govern-
ment of Indfa. Act, 1858, (21 and 22 Viet., c. 106) or the
Government of ,India· Act, shall be applied in aid of the
revenues of the Commonwealth.
· Expenditure Charged Thereon
59. (a) The costs', charges and expenses incident to the
collection, management and receipt of the consolidated
revenue fund shall form the· first charge thereon; and the
revenue of the Commonwealth shall in the first instance be
 17
applied .to the payment of the expenditure of the Common-
wealth.
· (b) There shall be charged--eq the revenues of the
Commonwealth: . .. { · · .
(i) all the debts of the East India Company; and
(ii) ·all sums of money, costs, charges and expenses
which, if the .Government of India Act 1858. (21
& 22 Viet. C. 106) had not been passed, would
have been payable by the East India Company
out of the revenues of .India. in respect of any
treaties, covenants, contracts, grants or liabili-
ties existing at the commencement of. that Act;
and.
(iii) all expenses, debts and liabilities lawfully con-
tracted and incurred on account of the Govern-
ment of India ; and · -~
(iv) all payments except so far as otherwise provided
under this Act.
·Money to be .4ppropriated by Law
GO. No money shall be drawn from the Treasury of the
Commonwealth except under appropriation made by law.
But until the ex"piration of one month after the ·first
meeting of Parliament, the Viceroy; acting on the advice of
the Cabinet, may dro.w from the Treasury and expend ·such
ruoneys as may be necessary for· the maintenance of any
department belonging to. the Commonwealth, and for the hold·
ing of the first elections for Parliament.
Fi1UJ.nce Commis.'1ion
6L At the establishment of the Commonwealth and after
a period of every five years thereafter, a Commission shall ba
appointed hr the Viceroy in consultation with the Common.
wealth and Provincial Cabinets to make recommendations as
to the most suitable method of dividing the existing and other
possible sources of revenue, or as toother. supplementary
arrangements between the Commonwealth and :Provincial
1~
 lS
Governments. The recommendations· shall be placed before
Parliament in t,he form of a Bill.
Provided that.the arrangements ·existing at the establish-
ment of the Commonwealth shall continue until the recom-
mendations of the Commission provided for above come into
-force.
Trade within the Commonwealth ttl be Ft·ee
62. Trade, commerce and intercourse among the Pro-
vinces, whether by means of internal carriage or ocean
navigation, shall be free.
Commonwealth .not to give Preference
63. The Commonwe~lth shall not, by any law or regula-
tion of trade, commerce or revenue, give preference to one
Provine~ or any part thereof over another Province or any
part thereof. ·
CHAPTER V
THE PROVINCES {RASHTRA)
PART I.-GENERAL
Legislative Power
64. .The Legislative Power of each of the Provinces shall
be vested in the King and the Provincial Legislature,
Thfl Govehwr
· ·. 65. A Governor appointed by the King shall be His
Majesty's representative in the Provin?e, and shall have and
· may exercise in the Province during the King's pleasure, but
subject to this Constitution, such powers and functions of
the King as His Majesty may be pleased to assign to him.
Salary of the Governor
· 66. There shall be payable to the King out of the con-
solidated revenue fund of the Province, for the salary of
the Governor, an annual sum which, until the Provincial
Legislature otherwise provides, shall be . as hereunder in
Schedule 4•
.The salary of a Governor shall not be altered during his
continuance in office. ·
 19
· Provisions. Relating to the Governor
67. Th"e provisions of this Act relating to the Governor ..
of a Province extend and apply to the Governor for
the time being, or such person .as the King may appoint to ·
administer the Governm~nt of the Province; but no such per-
son shall be entitled to receive any salary from the Province
in respect of any other office during his administration of the
Government of the Province.
Sesszons of the Legislative Council, Prorogation and Dissolution
68. The Governor may appoint such times for holding
the sessions of the Legislative Council as he thinks fit, and
may also from time to time, by Proc,amation or otherwise,.
prorogue the Legislative Council and may in like manner
dissolve it.
Summoning the Provincial Legislature
' 6~ After any general election, the Provincial Legis-
lature shall be summoned to meet not later than thirty d11ys
after the day appointed for the return of the writs.
Yearly Se.'lsion of the Provincial· Legislature ·
70. There shall be a session of the Provincial Legis-
lature once at least in every year, so that twelve months
shall not intervene between the last sitting of the Provincia)
Legislature in one session and its first sitting in the 'next
session.
Provision for a Bi-cameral Legislature
'11. The Provincial Legislature shall consist of a Legis-
lative Council, unless or until it shall decide on the creation
of a second Chamber, and its decision shall be ·approved. by
the majority of the voters, voting a.t a. general election.
PART !I.-THE LEGISLATIVE COUNCIL
Constitution of (he Legislative Council
72. (a) The Legislative Council shall be composed of
members chosen in accordance with rules made by the Council
. concerned. and the number of members of the first Councils
shall be according to Schedule 4. ·~
 20

(b) The regulations regarding members and electors

shall be. s.s specified in Schedule 2.
Duration of the Legislfltive Council .
73. Every Legislative Council sh~ll continue for four
year; from the first meeting of the Coun~il but no longer, but
may be diss9lved sooner by the Governor. ·
- Failure to Choose Members
74. The Legislative Council may proceed to the despatch
of business notwithstanding the failure of any constituency ·
to provide for its representa~ion in the Legislative douncil.
Electoral Divisions
75. The Legislative Council may by rules pl'escrib~ the
divisions in the Province for which members of th·e Council
may be chosen and the num.ber of members to be chosen for
each division. ·:
Writs for. General Election
.
76. ' The Governor, acting on the advice
.
ofthe
.
Provincial
Cabinet, shall ·c~use writs to be issued for the .:enera.l election
. of members of the Legislative Council subject to Schedule 4.
After the first general election. the writs shall be ·issued
within fifteen days from the expiry of a. L~gisla tive Council
or from the proclamation of a dissolution thereof. · ·
. Election of a Speaker ___. ·
77; The Legislative Council shall, before proceeding to
the despatch of a.ny other business, choose a member to be the
Spe.aker of the House, and a.s often as the office of Speaker
becomes ~acant, the House sha.ll.aga.in choose a. member to·
be the Speaker.
The Speaker sha.ll cease to hold his office if he ceases to
be a. member. He may resign his office by a notice in writing
· addressed to the Governor.. ·
Election of a Deputy Speaker
78. In addition to the Speaker, the Legislative Council
shall also choose a mem her to be the Deputy Speaker of the •
House, who shall perform the duties of the Speaker in his
absence, and such other duties as may be assigned to him by
the Speaker. ·
Oath or AjfirmaUon of Allegiance .
79. Every member of the Legislative Council shall, be- ·
fore taking his seat, make and subscribe before the Governor
or some person authorised by him, an oath or affirmation of
allegiance in the form set forth in Schedule 1..
Privileges, etc., of Members
80. The powers, privileges and immunities of the Legis-
lative Council and· of the members and Committees of the
House shall be those enjoyed and possessed by the British
House of Commons and by its members and Committees; and in
particular no person shall be liable to anr proceedings in any
Court by reason bf his speech or vote, or by reason of any-
thing contained in any official report of ·the proceedings of
the Council. ·
Rules and Orders
. 81. Each~ Legislative Council may make rules and
orders with resp.ect to:
(i) the mode in which its powers, privileges and immunities may
be exercised and upheld; · .
(ii) the order and conduct of its business and proceedings;
(iii) the vacation of seats and resignation of members;
(iv) the issue of writs for vacancies; ·
Provided that at the commencement of the Act ·they
shall be those then in force.
Appropriation and Tax Bills ·
82. (a) Any Bill which appropriates revenue or m·oneys
for the annual services of the Government shall de~l only
with such appropriation. ·
(b) Bills imposing taxation shall deai only with the
imposition ·or taxes, and any provision therein dealing with
any other matter shall lie of no effect.
(c) Bills for the appropriation of revenues or moneys or
for imposing taxation· shall be introduced only by a member
of the Cabinet. - ·
 22
Royal .Assent to Bills· ·
83. A Bill passed by a Legislative Council shall be
presented to the Governor for the King's assent•
. Powers of the Legislative Council
84. ·A Legislative Council shall, subject to this Consti·
tution, have power to make ·laws for the peace, order and
.good government of the Province with respect to matters
specified in Schedule 3. · .
PART III,_,.THE EXECUTIVE GOVERNMENT
The Executive Power .
85. The Executive Power of tM Province is vested in
the King and is exercisable by the Governor. a.s the King's
representative acting on the. advice of the Provincial Cabinet,
and extends to the executiqn and mainten~~once of this Act
and of the laws ofthe Province. .
The Provincial Cabinet
86. (a) There shall be a Provincial Cabinet consisting of
the Chief Minister and not less than three. Ministers for the
Province.
(b) The Chief Minister shall be appointed by the Governor
and the other Ministers shall a lsq be appointed by him on the
advice .of the Chief Minister. '
. (c) The Provincial Cabinet shall be collectively responsi•
ble to the Legislative Council for the administration· of the
Executive Departments of the Province.
Ministers to sit in Legislative Council
87. No Minister shall hold offi.~ for a period lo~ger than
three months unless .he is or becomes a. member of the Legis·
la.tive Council.
Provided· however· that a Minister, appointed at the
coming into operation of this Act,· shall not hold office for a
period longer than six months unless he is or becomes a
member of the Legislative CounciL
Vote of No Confidence
88. If a vote of no confidence in the Provincial
Cabinet shall have been carried in the Legislative Council,
the Chief Minister shall request the Governor to dissolve the .
Legislative Council, or. the Provincial Cabinet shall retire
from office. In either case, it shall continue. to carry on its
duties untii its successor shall ha.~e been appointed.
Salaries of Ministers
89. There shall be payable .to the King out of the conw
solidated revenue fund of the Province for the salar~es of
Ministers an annual sum, which the Legislative Council shall
pro:vide,, subject to Schedule 4.
.Appointment of Other Members of the Executive Government
90.. Until the Legislative Council otherwise provides, the
appointment and removal of all other officers of the Executive
Government of the Province shall be vested in the Provincial
Cabinet. ·
PART IV.-THE .JUDICATURE
The High Courts
91. (a) The High Courts referred to jn this Act are the
High Courts of Judicature in existence at the commencement
of the Act.
(b) Each High Court shall consist of a Chief Justice and
as. many other Judges· as His Majesty may thin]$: ·~t to
appoint. .
Provided that the maximum number of Judges of a. High
Court including. the Chief Justice and additional Judges shall
be twenty. ·· .
Salaries of Judges
92. The ~udges shall receive such remuneration as. the
Provincial Legislature may fix, but the remuneration of any
Judge shall not be diminished during ·his continuance in
office, and shall not be less than that of any member of the
Provincial Cabinet•
..Appointment of Judges
93. (a) Every Judge of a High Court sha.U hold his office
. durins good beha.vioJ.I, and may be removed under §4:9 (ii), the
 24

petition being made by the Prov.incia.l Legislature instead of

by Parliament. ·
· (b) A.ny such Judge· may resign his office by notice in
writing, addressed to the Governor.
Powers of High Cnurts
94. The several High Courts are superior courts of record
and have such jurisdiction, original and appellate, and all such
powers and authority ov.er or in relation to the administra-
tion of justice, including power to appoint clerks 'and other
ministerial officers of the Court, and power to make rules for
regulating the· practice of the Court, as are vested in them
and, subject to the provisions of their constitution, all such
jurisdictions, powers of authority 'as are vested in those
courts respectively at the ~ommencement of this Act.
,·,.
Appellate Jurisdiction of High Courts·
95. Each of .High Courts has superintendence over all
Courts for the time being subject to its appellate jurisdic
tion and may do any of the following things :
(i) call for returns :
(ii) direct the transfer of any suit or appeal from any such court
to any other court of equal or superior jurisdiction ; ·
(iii) make and issue general rulee and prescribe forms for regu·
lating the practice and proceedings of such courts ;
(iv) prescribe forms in which books entries and accounts shall
be kept by the officers of any such courts ; and
(v) settle tables of fees to be allowed to the sheriff, attorneys,
and all clerks and officers of courts : .
Provided that such rules, form~ and tables shall not be
inconsistent with the provisions of any law for the time
· being in. force, and shall require the previous approval of the
Provincial Legislature.
· Division Courts
96. {a) Each High Court may by its own rules provide
as it thinks fit for the exercise, by one or more Judges, or by
Division Courts constituted by two or more Judges of the
High Court, of the original and appellate jurisdiction vested
in the Court.
 25
(b) The Chief Justice of each High Court shall deter·
mine what Judge in each case is to sit alone, and what Judg-
es of the Court, whether with or without the Chief Justice,
are to constitute the several Division Courts.
Alteration of Jurisdiction
97. The Viceroy, acting on the advice of the Cabinet,
may, by order, transfer any territory or place from the juris-
. diction of one to the jurisdiction of any other of the High
Courts, and authorise any High Court to exercise all or any
portion of its jurisdiction in any part of the Commonwealth
not included .within the limits for which the High Court was
established, and also to exercise any such jurisdiction in res-
pect of any British subject for.the time being within any
part ot India outside the Commonwealth.
Exemption~ from Jurisdiction
98. (a) The Viceroy, each Go'vetnor, each of· the
members of the Cabinet, w;hether in the Commonwealth or in
the Provinces, shall not be subject to the original, appellate
or revisional jurisdiction of any High Court, by reason of
anything counselled, ordered or done by any of them in his
public capacity only.
(b) The exemption shall extend also to the Chief Justices
and other Judges of the several High Courts.
Application of PerBonal Law or Custom
99. The High Courts, in the exercise of their original
jurisdiction in suits against inhabitants shall,. in matters of·
inheritance and succession to lands, rents and goods, and in
matters of contract and dealing between party and party,
when both parties are subject to the same personal law or
custom having the force of law, decide according to that
personal law or custom, ·and when the parties are subject to
different personal laws or customs ·having the force of law,
decide according to the law or custom to which the defendant
is subject.
·. 2
 26

Establishment of New High Courts

100. Parliament· may, if it sees fit, establish a. High
Court of Judicature in any. territory in the Comfl).onwealth,
whether or not included within the limits of the local juris-
diction of another High Court, a.nd confer on any High Court ·
so established .any such jurisdiction, powers and authority as
are vested in or may be conferred on any High Court existing
at the commencement of this Act; and, where a High Court
is so established in any area included within the limits of
the local jurisdiction of another High Court, Parliament
may alter. those limits, '~nd make such incidental, conse-
quential and supplemental provisions as may appear to be
.necessary by reason of the alter.ation.
Th.e Attorney-General and the Solicitor.. General
101. The Governor,acfing with the advice of tlie Provin-
cial Cabinet, shall appoint an Attorney-General and a Solici-
tor-General for the Province.
CHAPTER Vl
NEW PROVINCES
Admission or Establz'shment of New Provinces
102. Parliament may admi' to the Commonwealth or
establish newProv.inces1 and may, upon such admission or
establishment, make or impose such . terms &1\d condUions
including the extent of representa.tiqn Jn either House of
Parliament, as it thinks fit.
Government of New Territories
103. Parliament may make laws for the Government
'of any territory surrendered by any Province to a.nd accepted
by the Comtnonwealth, and may allow t~e representation of
such territory in either House of Parliament to the extent
and on ~he terms which i~ thinks fit.
Alteration of Limits of Provinces
104. Parliament may, with the tonsent of the Provincial
J,.egisla.ture and the approval of the majority of the electors
 27

in the area, or areas, to be affected by the decision voting

upon the question, increase, diminish or otherwise alter the
limits of the Province, upon such terms and conditions as
m&y be agreed on and may, with the like consent, make
provision "respecting the effect and operation of any increase ·
or diminution or alteration of territory in relation to any
Province affected.
CHAPTER Vll
SUB-PROVINCIAL UNITS ·
- PART I.-GENERAL
Units of Self~ Government: •
105. (a) The following Units shall exercise the rights of
Self-Government:
(i) The Village (Rural) consists of a group of houses, and may
include ·neighboring hamlets or single houses. The Wards
. (Urban) are divisions within a Municipality.
(ii) The Taluka (Rural) consists of a grouping of Villages for .
- administrative correlation and joint work.
(iii) The District (Rural) consists of a similar grouping of
Talukas.
Or
The Municipality (Urban)
Or
The Capital City of the Province.
Principles of Sub-Provincial Got,ernment
106. The Provincial Legislatures shall pass a Bil~ in
their first year, to reconstitute the Sub-Proviuoial Units
referred to above, .on the following principles, adaptlng them.
to the conditions of their respective Provinces, specially in
·regard to monetary qu~lifica.tions for the franchise, oonsistin~
of income, land tax and rent, as mentioned in Schedule 2.
(a) The Panchayats, SabMs and Samitis shall ~a.rry
on their work by -a Committee or Committees
appointed by themselves.
(b) The powers of the various Sub-Provincial Units
are those specified in Schedule "3.
 28

·(c) Each Unit shall be supervised generally by the

next higher Unit.
PART II.......THE VILLAGE (RURAL) OR WARD (URBAN)
Village Admini~Jtration
107. (a) The ·villagers shall elect a Panchayat from
among themselves, which shall exercise the powers vested
in it ·by the Provincial Legislature, to admiilister village,
affairs and to exercise such' civil and criminal jurisdiction as.
may be assigned to it by a Bench sitting in th~ village.
(b) The residents in a Ward shall elect a Panchayat
from . among themselves, which shall exercise the powers
delegated to it by the Municipality.
. Constitution of the Panchayat
108) (a) The Pa.ncba.ya_t shalt be composed of members
chosen 'in· accordance with. rules made by the Provincial
Legislature, .and the number of members shall depend on
focal conditions. . .
(b)' The qualification of memb(!rs and electors shall be
as specified in Schedule 2.
. Duro.tion of Membership
109.: The term of a Pa.nchayat shall ordinarily be one
year and no }anger.
PART IlL-THE TALUKA
. Taluka Administration
. 110. The powers for the administration of Taluka affa.irs
and for the exercise of such cr.iminal and civil jurisdiction as
may be laid down by a. Provincial Legislature shall be exer-
cised by a Taluka Sa.bba elected for the purpose.
Constitution of the SabM
111. (a) ·The Sa.bba shall be composed of members chosen
in accordance with rules made by the Provincial Legislature
and the number of members shall depend 'on local conditions.
(b) Tlie qualification of members and electors shall be as
specified in Schedule ·2.
 29

Duration of Membership
112. The term of the SabM shall ordinarily be two years ·
and no longer.
PART IV-THE DISTRICT (RURAL) OR MUNICIPALITY
(URBAN)
District or Munidpal 4dministration
113. The powers for the administration of District
(Rural) or Municipal (Urban) affairs and for the exercise of
such civil and criminal jurisdiction as may be laid down by
the Provincial Legislature, shall be vested in· a Samiti (Rural
or Urban) elected for the purpose.
Constitution cf the Samiti
114. (a} The · Samiti shall be composed of members
chosen in accordance with rules made by the Provincial
Legislature, and the number of members shall depend on local
conditions.
(b) The qualifications of members and electors shalf be
as specified in Schedule 2.
Duration ofMembership
115. The term of a Samiti shall ordinarily be three years
and no longer.
CHAPTER Vlll
DEFENCE
The D(3jence Committee
116. (a) At the establishment of the Commonwealth and
after a period of every five years thereafter, the Viceroy
'. .
shall, in consultation with the Cabinet, appoint a Com~ .
.
mittee, the majority of whom shall be Indians: . ·
(i) To recommend a minimum of expenditure on the
military, naval and air forces of the Commonwealth, on a
peace footing; to form a charge on the consolidated revenue
fund of the Commonwealth and to be voted as a single item
in the appropriation bill ; .
Provided that the Estimates shall set forth ·in detail the
items which amount to the guaranteed minimum, and.
 30

provided furth~r 'that no revenues of the Commonwealth

1ha.ll be expended on those branches, if any, of the military,
naval or air forces in which Indians are ineligibie for holding
commissioned rank.
(ii) To report on the progress made in the lndianisation
a.nd training of the Defence Forces of the Commonwealth, so
as to enable the people of India to undertake their own
defence as soon as practicable •
. .(b) ' Any recommendations accepted by· the · Viceroy, or
any decision given by the. Viceroy, as to the amount which,
in his opinion, is necessary for the purposes of Defence shall ·.
be laid before Parliament, which may express its opinion
thereon; . but the inini~um amount which the Viceroy
ultimately decides to be necessary for the aforesaid purpose
thall be included in the Estimates.
CHAPTER IX
MISCELLANEOUS ·
Change of Number of :Members in Legislatures ·
117. The number of members of each House of Parlia-
• ment may be varied by an ·Act passed by Parliament, and
that of any Provincial Legislature by an Act passed by
itself, subject to Schedule .4. . t .

Territorial Electorates
118. Members of all Legislative Bodies shall be elected
by territori~l electorates by a franchise subject to the condi·
tions laid. down in Schedules 2 and 4:.
Existing O.fficer8
119. Subject to the provisions of the next succeeding
. Section, all officers of the Public Services of the Government
. ef India shall, at the establishment of the Commonwealth,
become officers of the Commonwealth.
Reorganisation of Public Departments
120. (a) As soon as possible after the establishment of the
. Commonwealth the Viceroy, acting on the advice of the
 31

Cabinet, shall appoint a Public Services Commission to make

recommendations for such reorganisation and readjustment
of the departments of the Public Services as may be necessary.
The Commission shall also make recommendations in regard
to the assignment of officers to the several Provinces.
(b) The Viceroy, acting on the advice of the Cabinet,
may, after such Comm(ssion has reported, n.ssigd from time ·
to time to each Province such officers as may be necessary
for the proper discharge of the func~ions reserved or delegated
to it, and such officers on being so assigned shall become·
officers of the Province.
Public Services Commission ,
121. Alter the establishment of the Commonwealth, the
Viceroy, acting on the advice of the Cabinet, shall appoint a
permanent Public Services Commission, with such powers and
duties relating to the appointment, promotioB, discipline,
retirement, an~ superannuation of public officers as Parlia·
ment shall determine.
Pensions of Existing Officers
122. Any officer of the Public Serv.ices of the G~vernment
of India or of any of the Provinces, at the establishment of
the Commonwealth, who is not retained in the s~rvice of the
Commonwealth or assigned to that of a Province, shall be
entitled to receive such pension, gratuity or other compensa.
tion as he would have received in like circumstances, if the
Commonwealth had not been established.
Tenure of Office of Existing Officers
123. Any officer of the Public Service of the Governmenf
of India or of any of the Provinces, at the esh.blishment of the
Commonwealth, who is retained in the service of the Com-
monwealth, or assigned to that of a Province, 'shall
retain all his existing rights, and shall be entitled to
retire from the service at the time at which he would have
been entitled by law to retire, and on the pension or retiring
allowance to which he wonld have been entitled ·by law in
 32

like circumstances·, if the Commonwealth had not been estab-

lished.
Provision /CYT' Making Rules
· 124. Where any matter. is required to be prescribed or
regulated by rules under this Act and no special provision is
.made a.s to. the authority by whom the rules are. to be made,
the rules or any amendments thereof shall be referred to a
Committee ofboth Houses of Parliament of not less than
ten nor more. than twenty members, elected in a joint session,
·on t¥'pdnciple of Proportional Representation, to be drafted
and laid before both Houses. ·
The rules shall come into force on appro-valby resolution
by both Houses of Parliament..
Special Tracts
125. (a)· The Viceroy, acting on the advice of the Cabinet, ·
may declare any territory· in the Commonwealth to be a
"special tract," and may, by. notification, direct that this Act
shall .apply to that territory, subject to· such exceptions and
modifications as may be prescribed in the notifications.
(b) ·Where the Viceroy, acting on the l'\dvice of the Cabi-
net, has, by notifica.tion,· directed aS aforesaid, he may, by
the same or subsequent notification, direct that any Act of
Parliament shall not apply to the territory in question or ~y
part thereof, or shall apply to the territory or any part thereof,
subject to such exceptions or modifications as the Viceroy,
acting.on the advice of the Cabinet, thinks fit, or may author-
. ise the Governor to give similar directions as respects any
·Act of the Provincial Legislature.
CHAPTER X
ALTERATION OF THE CONSTITUTION
];!ode of Altering the Constitution
126. (a) This Constitution shall not be altered except in
the following ma..nner :
The Bill for the alteration thereof must be passed
by an absolute majority of each House of Parlia.-
 33
ment, and not less than two· nor more than six months after
its passage through both Houses of Parliament, shall be
submitted to the Provincial Legislatures.
But if either House of Parliament passes any such Bill by
~n absolute majority, and the other House reject$-Or fails
to pass it, or passes it with any amendment to .which· the
first-mentioned House will not agree, and if after an interval
of three months the first-mentioned House, in the same
or the next session,' again passes the Bill by an absolute
majority with or without any amendment which has been
made or agreed to by: the other House, and such other House
rejects or fails to pass it or passes it with any amendment to .
which the first-mentioned House will . not agree, the
Viceroy may submit the· Bill as last . proposed by t~e first~
mentioned House, and either with or without any amendments
subsequently agreed to by both Houses, ·to the Provincia]
Legislatures..
If in a majority of the Provinces· a majority of the
members of the Provincial Legislatures voting on the subject
after the next general electio:p, at which the issue shall be
specially raised, approve the Bill, and if' a majority. of all
the members of the Provincial Legislatures voting also
approve the Bill, it shall belmisented to the Viceroy for His
Majesty's assent.
(b) No alteration diminishing the. proportionate repre-
sentation of any Province in either House of Parliament or
the number of representatives of a Province in the
Legislative Assembly, or increasing or diminishing or other- ·
wise altering the limits of a Province, or in any manner
affecting the provisions of the Constitution in relation thereto,
shall become law unless the majority of the members of the
Provincial Legislature voting on the Bill approve it.
Provided however that an alteration of the Constitution
in relation to a single Province only shall be .teferred, subject
to the provisions of the foregoing Sections, fo the Legislature
of the Province· concerned and be decided by an absolute
majority of the members.
Alteration of Schedules
127. The method of altering. the Schedules specified
below shall be as follows: ,,.
(a) Part I of Schedule 2 may be a.ltered by an Act or the Legis-
Ja.ti ve body concerned, subject to the approval of the Com..
monwealth Parliament.
(b) Part II of Schedule 2 may ~e altered by the Commonwealth
Parliament. · · .
SCHEDULE J.
Oath of Allegiance
. I, ......... do swear that· I will be faithful and bear true
allegiance to His Majesty lGng George V and his heirs and
successors according to law, and to the Constitution of the
Commottwealth of India as .by law estabiished.
Affirmation·
I, ......... do solemnly and sincerely affirm and declare
that I will be faithful and bear true allegiance to His Majesty
King George V and his heirs and successors according to law,
and to the Constitution of the Commonwealth of India. as by
law established. ·
1
SCHEDULE 2 .PART 1
Ge~ral Electoral Qualification
1. A person to ba eligible as an elector in any Unit of
Government sha.il be not less than 21 years of age, and in the
case of aliens shall also have had an Indian domicile for not
le11s than 5 years.
2. Subject to § 1, the following shall be the electoral
qualifications for the various Units of Government.
(a) THE VILLAGE PANOHAYAT
Qualifications of Members
. All Electors.
Qualifications of the Electors
All residents in the Village.
 35
(b) THE TA.LUKA. SABHA.
Qualifications of Memhers
Electors of twenty-five years of age a.nd above, with either
of the following qualificl\tions: '
(a) Education up to the Primary Grade. .~ . ·
(b) Ex-members of Village Panchayats, havtng served for one
complete term. ·
Qualifications of Electors
Being resident in the Taluka, those with any one of the
following qualification~ :
(i) .All members or ex-members of Village Panchayats.
(ii) All literates in a language of the Taluka, or persons
trained in a Village Workshop, or skilled in some c.raft.
(ni) All who have a monthly income or allowance of Rs. 10 and
above. /
(iv) All owners· and occupiers of land with Rs. 10 per annum or
.· more as land tax.
(v) All owning or occupying a house or a. part of it of the
annual rental value of Rs. 6.
(c) THE DISTRICT SA.MITI(Rural) ~MUNICIPALITY (Urban)
Qualifications of Members
Electors of twenty-five years of age and above, with
either of the following qualifications:
(i) Education up to the Lower Secondary or Middle Sc}lool
Grade. .
(ii) Ex-members of Taluka SabbA.s or Ward Panchayats, having
served for one complete term. . ·
. Qualifications of Electors
Being residents .in the District, those with any one of the
following qualifications:
(i) All members or e:x.membe;s of Ta.luka Sabhle or Ward
. Pa.nchayats.
(ii) All with primary or equivalent technical education.
(iii) All who have a monthly income or allowance of Rs.15 and
above. ·
(iv) All owners or occupiers of land with Rs. 20 per annum or
more as land tax.
(v) All owning or occupying a house, or a Pl\rt of it, of the
annual rental value of Rs. 18 or more. •
 36
(d) THE LEGISLATIVE COUNCIL
Qualificat_ions of Memhers
Electors of twenty-five.years,of age and above, with any
one of the following qualifications : · .. · .
(i) Education up to the High School level, or equivalent general
· or technical training ; · ·
,, (ii) Ex-members of a District Samiti or Municipality, having
· served for at least one. complete term ; · · ·
(iii) Member of Councils of Chambers of Commerce, or Land-
holders' .Associations, or Industrial Associations or Trade
Union Councils, ot such other. bodies as may be'recog~ised
by rules.
Qualifications of Electors
Being residents in the Province,. those with any one of
the following qualifications:
(i) All members or ex-members of District or Municipal Samitis
1
. . or Legislatures; . , . .
(ii) ·.All with High School or equivalent general or technical
education; . · ·
(iii) All who have a monthly income or allowance of Rs. 25 and
above; ·
·. (iv)· All owners or occupiers of land with Rs. 30 or more as land
~x; . ,
(v) All owning or bccupying a house or. a part of it of the
annual rental value of Rs. 50 or more; l
(vi}. Member$ of Trade Union Councils, or Merchants' or Traders'
Associations, or such other ·bodies as may be recognised
by rules. 1

(e) THE LEGlSLATIVE ASSEMBLY .

·Qualifi~ations of_)[embers
Electors of twenty-five· years of age and above.
Qualifications of Electors
Being residents in the Commonwealth, those with any
one of the following qua1ifications: ·
(i) A11 members and ex-members of Legislatures; ·
(ii) All with education up to the graduate level or equivalent
general.or technical education;
(iii) All who have an income or allowance of Rs. 50 per .month
and above ; .
(iv) All owners or occupiers of land with Rs; 50 per annum or
.... more as land ~x; · . .
(v) All owning or occupying a. house or a part of it with an
annual rental value of Rs. 75. .
I
 37
(vi) Member of Chambers of Commerce, or Landholders' Asso~
ciations, or Trade Union. Councils, or lndu~:~trial Associa-
tions, such other bodies as may be recognised by rules.
(f) THE SENATE
Qualifications of Members
A person to be included in the electoral panel of the
Senate shall·be .a person eligible to become a mem her of th~
Legislative Assembly, and have rendered conspicuous public
service, and shall have completed the age of thirty years.
Qualifications. of Electors
· Being residents in the Commonwealth, the. following
shall constitute the electorate for the Senate: ·
(i) Members and ex-members of the Legislatures;
(ii) Members of the Governing Bodies of recognised Universities.
(iii) Membership of Coupcils of Cham&ers of Commerce, or
Landholders' Associations, or Trade Unions, or Industrial·
Associations, or such other bodies as may be recognised
by rules. . .
(iv) Those possesing such qualifications in regard to land tax or
income tax as are laid down for the electors of the Council
of State under the Government of India Act, until Parlia-
ment otherwise provides.
SCHEDULE 2 PART 11
Disqualifications of Members· .
1. No person shall be capable of being chosen or of
sitting as a member of a Legislative body in any Unit of
Government, who
(i) has been convicted of any crime· or offence involving moral .
turpitude, for which he shall have been sentenced to
imprisonment, without the option of a fine, for a term of
not less than twelve months, unless he shall have received
a grant of amnesty, or a free pardon, or unless such impri-
sonment shall have expired at least five years before the
· date of hiA election ; or
(ii) is an undischarged bankrupt; or
(lii) is a lunatic so found; or •
(iv) holds any office of profit under the Crown within the
· Commonwealth; provided that the following persons shall
not be deemed to hold an office of profit under the Crown
1
for the purposes of this Sub-Section : · .
(v) A Minister of State for the Commonwealth or a Minister of a
Province. l . · •
 38
(vi) A person in receipt of a pensiotl from the Crown;
(vii) An officer or member of His Majesty's naval or military or
air forces retired or on half-pay, or an officer or member
of the naval or military or air forces of the Commonwealth
whose services are not wholly employed by the Common-
wealth. ·. ·
Disqualifications of Elt1ctors
2. No person shall exercise the fTanchise in anyUnit
of Government. who
(i) has been at .any time convicted of any crime or offence
involving moral turpitude, for which he shall have been
sentenced to imprisonment, without the option of a fine,
for a term of not less than twelve months, unless he shall
have received a grant of amnesty, or a free pardon, or
unless such imprisonment sball ..have expired at least
two years before the date of his voting; or1
(ii) is an undischarged bankrupt i or .. _ --- ---- .· ·
(iii) is a lunatic so found. ·
SCHEDULE 3
L. Powers of the Village Panchayo.~
· (a) Education dwl Recreation.-Prima.r.Y Schools,
Village Workshops, Libraries, Parks, Gymnasia,
Recreation Grounds, etc. _ .
(b) Protection.-control over erection o~ buildings,
Sanitation and Conservancy, Prevention of
Publie Nuisances,! Sanitation ·at Fairs and
Festivals, Medical Hel~ and Village Dispensary,
Control over offensive and dangerous Trades,
Village Cattle Pounds, Registration of Births and
Deaths, Civil and Criminal Jurisdiction in simple
cases exercised by ·an appointed Bench, Vfllage
Police, Local Militia, if necessary. .
(c) Economic and Industrial Ministration.-Co-opera.
tive Stores and Banks. Wells, Tanks and Canals,
Cottage Industries, Village- Irrigation, Villagt
Fairs, Cattle Stands, Village Forests and Grazing
. Grounds, Roads and Bridges, certain powers of
local taxation and other works of public utility,
handed over by .the Taluka SabhA. ·
 39

II. Powers of the Talukn Babka

(a) Education and Recreation.-Lower Secondary or
Middle School Education, Technical Schools,
Model Farms.
(b) ProtPt·tion.-control over· Markets, Fairs, etl.l•
Hospitals and Dispensaries, Civil and Crimina.l
Jurisdiction in simple cases or in appE!als from
Village cases. exercised by a specially appointed.
Bench, Decision of disputes between Villages, ·
Control in cases of epidemics, Co-ordination
of Village Police, Taluka Police or Reserve
Force. .
(~) Economic and Industrial Ministration.-Stock of
agricultural Machinery for hire, Stud Animals,
Supplies of seeds suitable for different soils. in
the Taluka., Main roads between Villages, small
Irrigation Channels, Promotion of Village. Indus-
'tries, other works of Public Utility handed over
to the Taluka Boar~ by the District Samiti,
Central Co-operatin Stores and Banks for help-.
ing Vil1age Stores and Banks.
III. Powers of the District Samiti (Rural) or Mu nici-
pality (Urban)
(a) Education and Recreation.-Higher Secondary or
High School and College Education. Technical
College, a Technical Institute studying soils,
manures, crops.
(b) Protection.-Co-ordination of Ta.luka Police, District
Police or Special Reserve, Larger Hospitals and
Dispensaries, Inspection of Foodstuffs, Epidemic
• Diseases, Public Health, Settlement of Disputes
between Taluka Boards, Civil and Criminal
Jurisdiction within fixed limits, and deciding
sanctioned appeals from Taluka~ Benches by a
specially appointed Bench. -
 40

{c) Economic and Industrial Ministration.-Co-ordi-

nating local Stores and Banks and other Village
enterprises of .an industrial or commercial
nature and Model Farms, Supply .of Information
needed by cultivators, ·Craftsmen and others,
Stores of seeds for supplying Taluka Model
Farms. Forests, District· Roads, District Water-
ways and Railways, District Bridges, Levying
Cess and raising Loans within prescribed limits,
Allocating Provincial Subsidies among Taluka.
. . Boards if necessary.
Provided that District Samitis ( Ruralj or Municipalities (Urban)
are empowered as far as possible to own all public means of transport,
lighting, water-supply, markets within their area, and to utilise
the profits for decreasing taxation. . . .·
. ·IV. . Powers of the Legislative Council
1. Matters .relating to the constitution and powers of
Sub-Provincial Units of Government, Improvement Trusts,
Boards ()f Health, and other local authorities established in
the Province subject to the provisions of tbis Act.
· 2. Medical administration, including hospitals, dispen-
saries, and asylu~s, and provision for medical education.
· 3. ·Public health and sanitation and vital statistics; sub-
ject to legislation by Parliament in respect to infectious
and cqntagious diseases to· such extent as may be declared
by any Act of Parliament.
4. · Pilgrimages within the Province.
. · 5. University Education: general. and technical, i.nclud-
ing research, provided that
(a) the follo.wing subjects shall be excluded, namely:
Chiefs' Colleges and any, institu~ion maintained by the
Commonwealth for the benefit of members of His Majesty's
Forces, or of other public servants, or of the children of such
members or servants; and
(b) the following subject shall be subject to legislation
by Parlia-ment, namely ~
 41
The definition of the jurisdiction of any University out-
side the Province in which it is situated.
6. Public ~orks, included under the· following heads,"
namely:
(a) Construction and maintenance Clf Provincial buildings used or
intended for any purpose in connection with the adminis-
tration of the Province, and care of historical monuments
into the exception of ancient monuments as defined in
Section 2 (1) of the Ancient Monuments' Preservation
Act, 1904, which are for the time being declared to be
protected monuments under Section 3 (1) of that Act : pro-
vided that the Viceroy, acting on the advice of the Cabinet,
may, by notification in The Gazette of India, remove any
such monument from the operation of the exception;
(b) roads, bridges, ferries, tunnels, ropeways, and causeways, and
other means of communication, subject to such conditions,
· as regards control over construction and maintenance of
means of communication declared by the Viceroy, acting
on the advice of the Cabinet to, be of military importance,
and as regards incidence of special expenditure connected
therewith, as the Viceroy, acting on the advice of the
Cabinet, may prescribe.
(c) tramways within Municipal areas; and
(d) light and feeder railways and extra-Municipal tramwa.ys, in
s.o far as provision for their construction and management
is made by Provincial legislation; subject to legislation ,by
Parliament in the case of any such railway or tram-
way which is in physical connection with a main line or is
· built on the same gauge as an adjacent main line.
1: Water supplies, irrigation and canals, drainage and
embankments, water storage and water power; subject to
legislation by Parliament with . regard to matters of
inter-Provincial concern or affecting the relations of a Pro-
vince with any othel' territ?ry·
8. Land Revenue Administration, as described under the-
following beads, namely:
(a) Assessment and collection of land revenue;
(b) maintenance of land records,. survey for revenue purpos.es,
records-of-rights;
(c) laws regarding land tenures, relations ·of landlords and
• tenants, collection of rents;
(d) Courts of Wards, incumbered and attaehed estates;
(e) land improvements and agricultural loans;
2~ .
 (f) colonisation and disposal of Crown lands and alienation of
land revenue ; and ·
(g) management of Government estates.
9. Famine relief.
10. Agriculture, including Provincial research institutes,
introduction of improved 'methods, provision for agricul. ·
tural education, protection against destructive insects and.
pests, a:t;1.d prevention of plant diseases, nbfect to legislation
br Parliament in respect to destructive insects and · pests
and plant diseases, to such extent as may be declared by any
Act of Parliament.
11. Civil Veterinary· Department, including provision
for veterinary training, and prevention of animal diseases ;
subject to legislation by Parliament in. respect to animal
diseases to such extent &IJ may be declared by any Act of
Parliament~ ., ·
12. Fisheries.
13. Co-operative Societies.
14. Forests extending 9ver more than one District.
15. Land acquisition: subject to legislation by Parlia·
· ment.
16. Excise, that is to sau the control of production,
manufacture, possession., transport, purchase, and sale of
·alcoholic liquor and intoxicating drugs, or stupifying and the
levying of excise duties· and licence fees on or in relation-
to such articles.
17. Administration of justice, including. constitution,
powers, maintenance and organisation of Courts of civil and
criminal jurisdiction within the Province; subject to legisla·
tion by Parliament as regards High Courts, Chief Courts and
Courts of Judicial ·commissioners, and any Courts with
Supreme Court jurisdiction.
18. ProTinctalla.w reports.
19. Administrators-General and Official Trustees; sub· •
ject to legislation by Parliament.
 43
20. Non-judicial stamps, subject to legislation by Parlia-
ment, and judicial stamps, subject to legislation b:y Parlia"'
ment as regards amount of Courtfees levied in relation to
suits and proceedings in the High Courts under their original
jurisdiction.
21. Registration of deeds and document!! i subject to
legislation by Parliament.
22. Registration of births, deaths, and marriages, subject
to legislation by Parliament for such classes as Parliament
may determine.
23. Religious and charitable endowments.
24. Development of mineral resources which are Govern-
ment property.
25. Development of industries, including industrial re-
search and technical education.
26. Industrial matters included under the following
heads namely :
(a) Factories ; . .
(b) settlement of labor disputes;
(c) electricity ;
(d) boilers ; ·
(e) gas;
(f) smoke nuisances; and ..
(g) welfare of labor, including provident funds, industria1 in-
surance (general health and accident), and housing; sub-
ject as to heads (a), (b), (c), (d) and (g) to legislation by
Parliament. · · .
27. Stores and stationery.
28. Adulteration of foodstuffs and other articles, subject
to legislation by Parliament as regards import and export
trade.
29. Weights and measures, subject to legislation by the
Parliament as reJ~tards standards.
30. Ports, except such ports as may be declared by rule
made by the Viceroy, acting on the advice of the Cabinet, or
by or under Parliament to be major ports. ·.,
 31, Inland. waterways, including shipping and naviga-
tion thereon so far as. declared by Parliament to be Provin•
cia.l subjects.
32. Police, including railway police; subject in the case
of railway police to such conditions as regards limits of juris- .
diction and railway contributions to· cost of maintenance as
the Viceroy, acting on the advice of the Cabinet, may deter•
mine.
33. The following miscellaneous matters, namely :
(a)regulation of betting and gambling;
(b)prevention of cruelty to animals;
(c)protection of wild bJrds and animals ;
· (d)control of poisons, subject to legislation by Parliament;
(e)control of motor vehicles, subject to legislation by Parlia·
ment as r0gards licences valid throughout the Common·
wealth, and •· . : · · .
(/) control of dramatic performances and cinematographs, sub.
ject to legislation by Parliament in regard· to sanction
of ,films for exhibition. · · . ·
34. Registr.ation of newspapers, books and printing
presses, subject to legislation by Parliament.
35. Coroners.
36. Excluded areas.
37. Criminal tribes, subject to legislation by Parlia-
ment. •
· 38. Vagrancy,· subject to · legislation by Parliament.
39. Prisons, prisoners (except State prisoners), and re-
formatories, subject to legislation by Parliament.
40. Bounds and prevention .of cattle trespass.
· 41. Treasure trove.
42. Libraries, Museums and Zoological Gardens.
43. Provincial Government Presses.
44. Elections for Pa'rliament and Legislative Coun-
cils, subject to rules framed under sections of the Act.
45. Regulation of medical · and other professional
qualifications and sta.ndards, subject to legislation by Parlia..
ment.
 45

46•. Local Fund Audit, that is to say,· the audit by Gov-

ernment agency of income' and expenditure controlled by
Sub-Provincial Units of Government.
. 47. _Control of members of AU-India and Provincial
Services serving within the Province, and control, subject
to legislation by Parliament. of Public Services within the
Province other than AU-India Services.
48. Sources of Provincial revenues not included under
previous heads.
49. Borrowing of money on the sole credit o~ the
Province.
50. Imposition by legislation of punishments by fine,
pena.ltyo>r imprisonment for enforcing any law of the Pro-
vince relating to any Provincial subject, subject to legislation
b~ Parliament in the case of any subject in respect of which
such a limitation is imposed.
51. Any matter which is declared by the Viceroy, acting
on the advice of the Cabinet, to
. .be of a merely-local or private
(

nature within the Province. • .

52. Matters in respect ·of which powers ·have been con-,
!erred by or under any law upon a Provincial Government.
V. Powers of Parliament .
1 Trade and Commerce with other countries and among
the Provinces.
2 Tax!f.tion, but so as not to discriminate between
Provinces or parts of Provinces.
3 Bounties on the production or export of goods, but so
that such bounties shall be uniform throughout the
Commonwealth~
4 Borrowing money on the public credit of the Com-
monwealth.
5 Postal, telegraphic, telephonic and the other like
services.
6 The naval, military and air defence of. the Common-
wealth and of the several Pro-vinces and the
 control of the forces to execute and maintain the
laws of the Commonwealth.
7 Lighthous~s, lightships, beacons and buoys.
8 Astronomical and meteorological observations.
9 Quarantine• '
10 Fisheries in Indian waters beyond territorial limits.
1 11 Census and Statistics. ·
12 Currency, coinage and 1egal tender.
13 Banking other than Provincial Banking; also Provin-
cial Banking extending beyond the limits of the
Province .. concerned, the incorporation of. Banks
and the issue of paper money. ·
U Insurance · other than Provincial insurane; also
Provincial insurance extending beyond the limits
of the Province' concerned. .
15 Weights and measures.
16 Bills of exchange and promissory notes~
17 Bankruptcy and insolvency.
18 Copywrights, patents of inventions and designsl. and
· trademarks. ~
19 External relations including naturalisa.tion and aliens~
_ 20 Foreign corporations and trading or financial corpora~
tions formed within the Commonwealth.
21 -Marriage."·
22 Divorce an"d matrimonial. cases, and in relation
thereto, parental . rights,. and · the . cus.tody and
guardianship of infants.
23 Invalid and old-age pensions.
24 The service and execution throughout tbe Common-
. wealth of the civil and criminal processes and the
judgments of the Courts of the Provinces.
25 The recognition throughout the Commonwealth of the
laws, the public Acts and 'Records, and the
judicial proceedings of the Provinces.
 47

26 The .people of any eect, commumty or re11g1on I or

'!hom it is deemed necessary to make special
laws.
27 IIII.migration and emigration and inter-Provincia.!
migration.
28 Relations with States in India..
29 Political Charges.
30 The acquis!tion of property on just terms from any
Province or person for any purpose in respect of
which the Parliament has power to make laws.
31 The control of Railways with respect to transport for
the naval and military purposes of the Common·
wealth.
32 Railway construction and extension in any Province
with the consent of that Province.
33 Conciliation and arbitration for the prevention ard
. settlement of industrial disputes extending beyond
the limits of any one Province.
34 Control and culivation and manufacture of opium,
and sale of opium for export.
35 Stores and Stationery, both imported and indigenous,
required for Imperial Departments.
36 Control of petroleum and explosives.-
37 Geological Survey.
38 Botanical Survey.
39 Central Police Organisation.
40 Control of arms and ammunition.
4l Central agencies and institutions for research and for
professional or technical training or promotion of
special studies.
42 Ecclesiastical administration.
43 Survey of India.,
4.( Archmology.
45 Zoological Survey.
4.6 All-India Services.
 4S
47 Legislation in :regard to any·Provincial subject stated
to be subject to legislation by Parliament.
48 Territoria~ changes, other than inter-Provincial, and
declaration of laws in connection therewith.
49 Regulation of ceremonial, titles.- orders, precedence
an.d.ci'vil uniform.
50 Matters in respect of which this Constitution makes
. . : provision until Parliament otherwise provides.
1
51 Matters referred to Parliament by the Legislative
Councils of any Province or Provinces, but so that
'the law.shall extend only to Provinces by whose
Legislative Councils. the matter is referred, or
which. afterwards adopt the law, -
52 Matters incidental to the execution of any power
vested. by this· Oonstit~ion in Parliament, or in
either House thereof, or in the Gov-ernment of the
· Oommonwealth, or ·in the Supreme Court, or in
any department or office of the Commonwealth.
SCHEDULE4
TRANSITORY PROVISIONS
Reservation· pf- Seats
· 1.' There shall be no Communal Electorates, i.e., each
elector shall be free ·to vote for any candidate, but as a
transitory measure, the number of seats reserved for Musal·
mft.ns and for Europeans in the Government of India Act,
1919, shall be· continued .for five years, and examined by a
Franc\lise Commission, which shall.make recommendations ·
, for its continuance, amendment or abolition.
Legislation affecting Religion!
2. When any measure affecting the religion or religious
rites and usages of any class of His Majesty's subjects in
India. is introduced at a. meeting of either House of Pa.rlia·
ment, it shall be referred to a Committee of the House in
which it is introduced. · The majority of such Committee shall
 49
consist of members belonging to the class whose religion or
religious rites and usages are affected by the measure ; but
where the measure affects the religion or religious rites and
usages of more than one r.ta.ss, the majority ·of the Committee
shall consist of an equal number of members of each those
classes. Such Committee· may take such evidence as it
deems necessary, and if the report of the Committee is against
the measure, it shall not be proceeded with in Parliament for
t. period of one year of the report.
Jurisdiction of the Supreme Court '
3. Until Parliament has made laws under Section 54 in
nspeet of matters specified in Section 52 (iii), (iv) · and (v),
original and appellate jurisdiction with respect to those
members shall continue to be exercised by the ·Courts
exercising them under the Government of India Act.
Method of First Panel for Election of Senaff]
4. The first election to the Senate shU. be made as
follows:
(a) A number equal to the total number of members of the
Senate shall be nominated by the Legislative Assembly
under the Government of India Act prio:t: to ita dissolJltion;
(b) A number equal to the total number of members of the Senate
assigned to each Province shall be chosen by .the
Legislative Council of the Province; . ·
(c) Such other persons who have been members ~:>f the Co~;pcfl
of State under the Government of India Act, as shall
. signify by notice in writing, addressed to the Viceroy
their desire to be included in the panel.
Duration of Membership after first Election
5. Not more than half the number of members .the of
Senate from each Province, to be chosen by bdlot, shall
retire at the end of three years. The remaining members
eball retire at the end of si:r. years.
Number of MembeT8
6. The number of members assigned to the Provine"
as
for the various Lesislative Bodies shall be (oli9Wt:
 50

SENATE.,. LEGISLATIVE ASSEMBLY

Assam ., · - · ... · 8 ·Assam 16
Bengal · 20 . · Bengal 40
Bihar and Oris::' .•. 20 Bihar and Orissa 40
Bombay 20 Bombay ; . ... 40
- Burma·-: ·i6 ·Burma. ·". .... 32
. Central Provinces · 10 Central Provinces 20
1
Madras· 1
·.., ,. . 20 Madras · 40
Punjab ... 16 . Pu:njab 32
United Provinces ~ ... 20 United Pr~vinces 40
Provinciil Legislature~ :
Assam. . . ', 75
Bengal ' .. ~ 200
Bihar and Orissa .... 200
Bombay . ~ ... 200.
Burma · 100
Central Provinces · 100
Madras ... ,-,200
Pa.njab ... '150
United Pro.;~nces of Agra and Oudh · ... 200 .
J. · Salaries of the Vicerpy and Govqnors
. . . .. ~ . . Rupees
' ., per year
Viceroy . .. •. 256,000
Governor of Bengal, · Madras, Bambay ·
and the United Provinces. 128,000
Governor of the Panjab ahd. Bihar and
. . -Orissa · ~.
·Governor of .the Central Pro,inces
·
' . '
100,000
72,000
Governor of Assam · 66,000
Salaries of Ministers of St~te .
8. Until Parliament otherwii;e provides; the salaries of
the :Ministers of State shall be the same as that of the members
of the Governor-General's Executive Council 'under the
Government of India. Act.
 51
Salaries of Ministers
9. Until the Legislature otherwise provides, the salaries
of Ministers shall be. the same as that of the members of the
Governor•s Exeeutive Council under the Government of
India Act of the Province concerned •. ·
Writs f(/1' the first elections
10. The writs for the first general election shall be
issued by the Viceroy in the case of Parliament, and by the
Governor of a Province in .the case of the Provincial
Legislature.

Finances for Sub-Provincial Units

The following suggestions are offered :
(1) A certain percentage of the land and other provincial
taxes collected in a..Village be paid to the Village
Panchayat for meeting their expenses. A con-
venient ratio will be one anna in the Rupee.
(2) A certain percentage of the net land and other
provincial . taxes collected· in a Taluka, after the
payment of the percentage of the Villages in the
·. Taluka, be paid to the Taluka. Sabha (or meeting
their expenses. • · ·
(3} A certain percentQ.ge of the net land and o'ther
provincial taxes collected in a District, after . the
payment of the percentage of the Talukas in that
District, be paid to the District Samiti for
meeting their expenses. The same may apply to
• Municipalities.
(4:) The Taluka. should be allowed to sanction, with: the
consent of the District Government, the levy of
· .. additional rates and surcharges on provincial
taxes up to a certain maximum by the Village
Panchayats within the Taluka. ·
(5) The District should be allowed to sa~ction, with
the consent of the Provincial Gover~ment, the levy
 52
..
of additional Ra.t.es, Cesses and Surcharges on
provincial and . jmperial· taxes up to a certain
maximum by the· 'l'a.luka Sab~s within their
jurisdicton. • .
(6) The Provincial Government be· allowed to' sane.'
. tion the levy of .. additiona.l Rates, Cesses, and
Surcharges on· provincial ·and imperial taxes up
to a certain ma.ximu·m by the District Samiti•. and
Municipalities within their jurisdiction.
· (7) Provinclal Subsidies be made to District Samitis
and to a smaller extent to Municipalities froiD. the
frovincia.l' Revenues for services of Nationa.l
import~nce, like Education, Trunk Roads, eta.
(8) Village· Pancha.yats should have the right to tax
. ·themselves for improvement of Villages, for wells,
tanks,· etc., made by Village labor, under the
control· of. the Pa.nohayat. :Grants proportioned
to the value of the Village labor may be made by
the SabhA, the Samiti or the Legisli.tive Council.
[ Thc:t above ·suggestions will have to be worked out in Sub-
Provincial Units Acts to be passed by the Provincial Councils in a
Swara.j Government.] . ., l . ;