Political and Constitutional

History of Pakistan

{ GROUP MEMBERS
 Maham Imran

 Kanza Khan
1725132018
1725132014
 Mehak Nadeem 1725132026
 Amna Khawar 1725132002
 Fatima Baig 1725132008
 WHITE PAPER DOCUMENT
 British government issued a document known as WHITE PAPER
 Basic idea of new India constitution would be diarchy and
responsible government in provinces
 Joint select committee of the British parliament was appointed with
Lord Linlithgow to examine and report on government proposals
 Committee submitted its report in December 1934
 Bill was drafted on the basis of recommendations which was passed
by both houses of British parliament
 This is called the Government of India Act 1935
THE GOVERNMENT OF INDIA
ACT 1935

 The Act was the comprehensive statute running into 321 sections and
two schedules
 The special features of the act were stated in the next slide
 The polity of India was reconstituted, although the constitution of India was unitary and the
provincial government derived their powers by devolution from the central government. The Act
created the federation.
 Partial responsibility in the form of a diarchy at the centre was introduced
 The provinces were granted autonomy and responsible government
 The Governor- General of India and the Governors of the provinces were granted extensive
powers
 New institutions for the federation and the provinces were created under the Act
 Burma was separated from India
 The Act prescribed the method whereby the state could join the federation. The ruler of state
desiring to federate could execute an instrument of accession. The crown could refuse to accept an
Instrument of Accession but once the state had acceded to the federation and was approved by
crown, it could not secede from the federation
 The area of federal jurisdiction extended to the whole of British India including the states that had
acceded. There was the 3 fold division of functions and the subjects. In case of conflict, the federal
law prevailed and the law of province or state was void to the extent of such repugnancy
THE FEDERAL EXECUTIVE

 The executive power and the authority of the federation was vested in
the Governor- General
 Governor- General is the representative of the crown
 The crown in turn issued an Instrument of Restrictions to the
Governor- General which contained directions to exercise the authority
EXTENT OF THE EXECUTIVE AUTHORITY
OF THE FEDERATION

 Matters with respect to which the federal legislature has power to

make laws
 Raising in British India on behalf of the crown naval, military and
air forces and the governance of the King’s forces borne on the
Indian establishment
 Exercise of such rights, authority and jurisdiction as were
exercisable by the crown by treaty, grant, usage sufferance or
otherwise in and in relation to the tribal areas
 LIMITATIONS
 The jurisdiction of the federal government was subject to two
limitations
 Firstly, the federal executive authority did not extend in any province
to matters except those expressly provided in the Act with respect to
which the provincial legislature had the power to make laws
 Secondly, it extended to a federated state subject to such limitations
as might be specified in its Instrument of Accession
 THE FEDERAL EXECUTIVE
 The executive authority of the ruler of a federated state was, however, to
continue to be exercisable in that state regarding matters with respect to
which the federal legislature had the power to make laws
 The Governor- General, as the head of the federal executive had supreme
command of the military, naval and air forces in India
 The federal government is not concerned with the powers connected with
the exercise of the functions of the Crown. These were exercisable by his
majesty’s representative appointed for the purpose
 The government of India Act,1935 established diarchy at the centre
 Administrative functions were exercised by the Governor- General at his
discretion
 The Governor- General was empowered to appoint councilors to assist him
in the exercise of administrative functions
 Ministers were to be chosen by the Governor- General to hold office
during his tenure and the number of ministers were not to exceed ten
 RESPONSIBILITIES OF GOVERNOR GENERAL

 The prevention of any grave menace to the peace

 The safeguarding of the financial stability of the federal government
 The safeguarding of the legitimate interests of the minorities
 The securing to, and to the dependents of, the persons who were and had
been the members of the public services and safeguarding of their
legitimate interests
 The prevention of action which would subject goods of UK and Burmese
origin imported into India to discriminatory or penal treatment
 The protection of the rights of any Indian state and dignity of the ruler
 The securing of the due discharge of the ruler functions with respect to
matters in relation to which he was by or under the Act of 1935

All executive action of the federal government was expressed to be taken in

the name of the Governor- General, who also made rules for the more
convenient transaction of the business of the government and for the
allocation of the business among the ministers
FEDERAL LEGISLATURE
 The federal legislature was to be bicameral and it consisted of king,
represented by governor general and chambers.
 It consist of two chambers, the council state and house of assembly.
 The council state consist of total 156 representation.75 general seats, 6
for scheduled castes, 4 in Punjab for Sikhs, 49 Muslims, 6 women, 7
European, 2 Indian Christians and 6 seats were filled by person chosen
by Governor General.
 The council of state was to be a permanent body. Its one third of
members were to retire every third year.
 The house of assembly was to be consist of 250 representatives of
British India.
 The life of this house was 5 years.
 Governor general could at his discretion summon and address the
chambers.
 He can dissolve the house of assembly also.
 Both houses were to choose from their members respectively a
president and a speaker to preside over these chambers.
 Bills are to be passed from both of the chambers. If one chamber pass
and other reject the bill, then governor general could summon a joint
sitting of both the chambers for the purpose of deliberating and voting
on the bill.
 After the bill had been passed by both the chambers, it was
presented to the governor general.
 After presentation of bill to governor, he had known by
notification that the king had assented.
 At the start of every financial year, the governor was to put before
both chambers an annual financial statement giving the estimated
receipts and expenditure of the federation for that year.
 This act placed a number of restrictions on the legislative power of
the federal legislature.
 There was three conditions in which federal legislature had no
power.
 Restrictions were also imposed on the authority of both federal and
provincial legislatures.
 The governor general was invested with the extra-ordinary powers of
legislation and could issue ordinance having the same force and effect as
an act of federal legislature.
 He was also empowered to promulgate ordinance during the recess of the
legislature.
 Governor general was empowered to make laws in the form of Governor-
General’s Acts at is discretion .
 The act contained special provisions enabling the Governor-general to act
promptly in the event of a breakdown in the constitutional machinery.
 In Act of 1935 if the governor general by a proclamation assumed
to himself any power of the federal legislature to make laws, any
law made by him in the exercise of that power would continue to
have effect until two years had elapsed from the date on which the
proclamation ceased to have effect, unless sooner repealed or re-
enacted by the act of the appropriate legislature.
 FEDERAL COURT
 A federal court was established under Act of 1935.
 It was to be the guardian of the constitution.
 The federal court was to consist of a Chief Justice and not more than 6
judges.
 For the appointment of the judge, one had to be the either a judge if
high court in British India or in federation state for at least five years.

The court jurisdiction was three fold:

 Original jurisdiction
 Appellate jurisdiction
 Advisory jurisdiction
 Original jurisdiction:
The court exercised this in any dispute between any two or more parties of
the following parties; the federation, any of the provinces.

 Appellate jurisdiction:
This jurisdiction of the federal court extended to appeals from any
judgment or decree or final order of a high court in British India.

 Advisory jurisdiction:
In this the Governor general could, at his discretion, refer to the federal
court any question of law of special public importance for consideration
and report.
 PROVINCIAL
GOVERNMENT
 With the separation of Orissa from Bihar and Sindh from Bombay ,
the action of ending a connection of Burma from British India ,
there were 11 Governor’s province.
 Section 290 provided that crown by order in council create a new
province
 Increase the area of any province
 Diminish (less) the area of any province
 Alter the boundaries of any province
 Before the draft was laid before the parliament , secretary of state
ascertaining the views of federal legislature and legislature of
province which was to be affected by such an order
 Executive authority was exercised on behalf of crown by the
Governor
 Under Act 1935, executive authority of province extended to matter
with respect to which legislature of province had power to make
laws
 Administration of province was grouped under three heads
 Governor was required to act on the advice of the council of
ministers
 Governor was required to exercise his individual judgment
 Governor was required to act at his discretion(freedom to decide
what could be done in a particular situation)
 It was decided that the decision of governor was final and
whatever was done by Governor could not be called into question
 It was provided that either the Governor act at his discretion but he
should exercise his function with the help and advice of council of
ministers.
 Some responsibilities are given in exercise of individual judgment.
 Prevention of possible danger, safeguarding of interest of
minorities, securing peace and good governance etc.
 Some responsibilities are also given when the Governor was act at
his discretion
 Appointment and dismissal of ministers
 Determination of their salaries
 Allocation of business among ministers
 PROVINCIAL
LEGISLATURE
 In every province there was to be a legislature, which was consisted
of a king, represented by governor and two chambers.
 Where there was two chambers of provincial legislature , one was
known as council state and the other was house of assembly.
 Representation in legislative assembly was based on the allocation of
seats of various communities and specified interest.
 Details of distribution of seats was based upon communal award.
 Communal awards ensured the retention of separate electorates for
Muslims, Sikhs and Europeans and increased the numbers of
provinces that was offered under the act of 1919.
 Legislative council was a permanent body by one third of members
retire in every three years.
 Legislative assembly unless sooner dissolved , continued for five
years.
 If a person was chosen a member of both legislatures , then at the
expiration of a period specified in rules, that persons seat in
provincial legislature was to become vacant , unless he or she had
previously resigned his or ser seat in federal legislature.
 Bill passed by legislative assembly in province was bicameral
legislature
 By both the chamber in province with bicameral legislature .
 It was presented by Governor who was empowered to use his
discretion
 Either to give him assent
 To withdraw assent
 Or to reserve it for the consideration of Governor General.
 No discussion could take place in the provincial legislature
 If a Governor certified that discussion of a bill would affect the
discharge of his special responsibility for the prevention of grave
menace to peace and tranquility of a province , he could at his
discretion directs that no proceeding should be taken in relation to
a bill, clause or amendment and effect could be given to that
direction.
Limitation on the
Legislative Power of the
Provincial Legislatures
 Provincial legislature had no power to make any law that affects the
sovereignty or dominion of the Crown over any part of India.
 It can not make any changes in the Government of India Act, 1935.
 It had no power to pass a law that discriminate any British subject or
company.
 Governor General approval was required for any Bill or
amendment which:
 Repealed, amended, or was repugnant to
• The Act of Parliament extending to British India
• Governor-General’s Act
 Affected the procedure for criminal proceedings in which European
British subjects were concerned.
 Repealed or amended or affected any act related to any police force.
Special provisions relating
to Financial Bills
Special provisions relating to Financial Bills

 No financial bill could be moved or introduced except on the

recommendation of the Governor.
 A Financial Bill as defined in the Act was a Bill:
 For imposing or increasing any tax; or
 For regulating the borrowing of the money or the giving of any guarantee by
the province or
 For amending the law with respect to any financial obligations undertaken
or to be undertaken by the province; or
 For declaring any expenditure to be expenditure charged on the revenues of
the province or for increasing the amount of such expenditure.
Special provisions relating to Financial Bills

 The annual financial statement or Budget was laid before the chamber
for discussion. Voting was done only in the assembly.
 The following of expenditures were declared by Act20 to be expenditure
on the revenues of India and expenditure so charged was not submitted
to the vote of the Assembly, though it could be discussed, except in case
of expenditure under the following clauses:
 The salary and allowances of the Governor and other expenditure relating to
his office for which provision was required to be made by order in Council;
 Debt charges, including interest, sinking fund charges, and redemption
charges, etc.
 Special provisions relating to Financial Bills

 When a question arose whether a proposed expenditure did or

did not fall within any of the above clause, it was decided by the
Governor whose decision was final.
 It was expressly laid down in the Act that no demand for grant
could be made except on the recommendation of the governor.
 The governor was also given special power in case of failure of
the constitutional machinery in the province.
 Formation of Ministries in the Provinces
 The provincial part of the Constitution came into force in 1st April 1937.
Congress party won the majority of the seats in eight provinces. Initially the
government refused to form the governments.
 However when the assurance was given that the governors would not use
their special powers, the congress agreed to form the ministries.
 Muslim League did not do well in the in the election and won only 51 seats
out of a total of 482 seats reserved for Muslims.
 Muslim league offered to join the Congress ministries but on honourable
terms.
 Congress demanded that Muslim League should cease to function and
should come under control of congress.
 Muslim league refused such humiliating terms offered by a power drunk
party.
 Formation of Ministries in the Provinces

 The Congress ministries functioned from July 1937 to October 1939.

 In September 1939 World War II broke out.
 The governor general declared India a belligerent country (a nation
engaged in a war) on the side of Britain and the Allies. Neither the
central legislature nor the provincial government were consulted over
this.
 This congress was in a dilemma and as a protest asked its ministers in
the provincial governments to resign in protest.
 As a result according to Section 93 of the Act came into operation and
the Governors carried on the entire work of administration.
 The rule of the governor lasted till the end of the war by amending the
act as the government proclamation of emergency can not last more
than 6 months, according to the act of 1935.
 Governors began to force their will on the ministers in the day to day
administration.