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A Sovereign Republic, fundamental

4.  Government of India Act & Integration and Democratisation of The States and Welfare State:- Seventy five per cent of our constitution is based on the Government of India Act 1935 subject to certain modifications suiting our circumstances. Dr. Jennings remarks, ‘ The constitution derives directly from the Government of India Act of 1935, from which in fact many of its provisions are copied almost textually’. As already discussed in the foregoing pages. Articles 256, 251, 352, 353, 356 are mere copies of sections 126, 107, 102, 93 of 1935 Act. The federal mechanism of the government, the autonomy of the units in certain spheres, the powers of the head of the State, the three legislative lists, the reservation of seats for backward classes, the constitutional relations between the States and the Union and the union judiciary, are borrowed from the Act of 1935. According to Srinivasan, ‘ both in language and substance, it is a close copy of the Act of 1935 ‘. It is indeed correct to say that the  constitution of India has been largely designed after the Government of India Act, 1935. The size, contents, arrangements of the provisions bears the stamp of its indebtedness to the Act of 1935. Another noteworthy feature of the Indian constitution is the Integration of the Indian states with the best rest of India and  as a consequence their democratization. During the British regime, India was composed of British Indian Provinces wherein some sort of democratic form of Government existed and The Indian states, wherein the autocratic form of Government was Prevalent. With the passage of Independence Act 1947, paramountcy of the Britishers over the rulers also lapsed. Hence they were free to join India or  Pakistan. Or remain independent. The existence of independent, sovereign states would have been a constant threat to the integrity of India. Fortunately Sardar patel, the iron man of India, happened to be our Home Minister. His practical sagacity, political acumen and shrewd statesmanship, the patriotic attitude of some of the Indian, princes enabled us to achieve political unity of India, by following a policy of merger and integration. Establishment of popular ministries, in these states followed the integration. In fact, This is an achievement. Almost unparalleled in the history of the world. the preamble to the Indian constitution embodied the highest and the noblest ideals of justice, social, economic and political, liberty of thought, expression, belief, faith and worship, equality of status and of opportunity, fraternity, assuring the dignity of the individual and the unity of the nation. A welfare state stand eclipsed if interests of minorities and weaker sections of the population remain at stake. Our constitution pundits were fully alive to this danger. The principle of equality has in some matters been so modified as to permit protective discrimination in favour of backward classes. Article 46 specifies that the state should promote with special care the educational and economic interests of the weaker sections of the people. A new clause added to Article 15 in 1951 authority the state to make any special provision for the advancement of any socially and educationally backward class of citizens or for scheduled castes and the scheduled tribes. Article 29 was also amended to empower the state to reserve seats in state colleges for socially or educationally backward classes of citizens or for the Scheduled tribes and the scheduled castes. Article 16 clause 4 of the constitution empowers the states to make any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the state, is not edequately represented in the services under the state. Article 29 and 30 confer upon the minorities the right to preserve their language, scripts and cultures and to establish and administer educational institutions of their choice. Seats for the backward classes were reserved in the parliament and the state legislatures. The President and the Governors of the state were authorized to nominate representatives of the Anglo- Indian community to the lok sabha and the state legislative assemblies respectively  if, in their opinion, the community was not adequately represented.

Independent of Country
Government of India Act & Integration
A Unique Document

Continuity With The Past and Judicial Review

Emergency Powers

The Difference Between The Act of 1935 and The Present Constitution

important articles
Union Territories
Right of Citizenship
Equality of opportunity in matters of public employment
Directive Principles of State Policy
Powers , Privileges and Immunities
Conduct of business
Administrative Relations

unless the context otherwise requires

The Scheduled and Tribal areas
Emergency Provisions
Miscellaneous