The 1935 Indian Act

The 1935 Indian Act, also known as the Government of India Act 1935, was a significant piece of
legislation in British India. Here are some key points about the 1935 Indian Act:

1. BACKGROUND :

The act was passed by the British Parliament and came into effect in 1937. It was an attempt to
introduce limited self-government and constitutional reforms in British India.

2. Provincial Autonomy:

The act provided for the establishment of provincial governments with increased autonomy. The
provinces were given more legislative and executive powers, allowing for greater participation of Indians
in governance at the provincial level.

3. Federal Structure:

The act introduced a federal structure for India, dividing powers between the central government and
the provinces. However, the federal provisions of the act were not fully implemented due to various
reasons, including the outbreak of World War II.

4. Dyarchy System:

The act retained the dyarchy system, which divided the provincial subjects into reserved and transferred
categories. The reserved subjects were administered by British-appointed officials, while the transferred
subjects were under the control of Indian ministers.

5. Franchise and Representation:

The act expanded the electorate and increased the number of voters. However, the right to vote was
limited based on property qualifications and other criteria, leading to a restricted franchise. The act also
introduced separate electorates for various communities, including Muslims, Sikhs, and others.

6. Provincial Assemblies:

The act established bicameral legislatures in the provinces, consisting of a Legislative Assembly (elected)
and a Legislative Council (partly elected and partly nominated).

7. Federal Legislature:

The act provided for a federal legislature consisting of a bicameral system, with a Federal Assembly
(elected) and a Council of States (partly elected and partly nominated).

8. Limited Responsible Government:

The act allowed for limited responsible government at the provincial level, where Indian ministers were
responsible for the transferred subjects and administered the provincial government. However, key
portfolios like defense, finance, and foreign affairs remained under British control.

9. Communal Representation:

The act incorporated provisions for separate electorates and reserved seats for various religious
communities, which aimed to protect their interests.

10. Abolition of Diarchy:

The 1935 Indian Act led to the abolition of the dyarchy system in British India, granting more autonomy
to the provinces and establishing responsible governments.

CONCLUSION :

The 1935 Indian Act laid the foundation for constitutional development in British India and provided a
framework for subsequent constitutional reforms. However, it fell short of meeting the aspirations of the
Indian nationalist movement, and ultimately, the act was superseded by the Indian Independence Act of
1947, which led to the partition of India and the creation of India and Pakistan as separate nations.

__________________________________________________________________________________

1973 CONSTITUTION :
The 1973 Constitution refers to the constitution of Pakistan, which was adopted on April 12, 1973. Here
are some key points about the 1973 Constitution of Pakistan:

1. Background:

The 1973 Constitution was the third constitution of Pakistan, following the country's independence in
1947. It was the result of a parliamentary committee's efforts, chaired by Zulfikar Ali Bhutto, who was
then the Prime Minister of Pakistan.

2. Parliamentary System:

The constitution established a parliamentary form of government in Pakistan, with a President as the
head of state and a Prime Minister as the head of government.

3. Federal Structure:

The constitution provided for a federal structure, dividing powers between the central government and
the provinces. It established four provinces: Punjab, Sindh, Khyber Pakhtunkhwa, and Balochistan, with
later additions of additional administrative units.

4. Islamic Republic:

The constitution declared Pakistan as an Islamic Republic, with Islam as the state religion. It recognized
the principles of democracy, equality, social justice, and the protection of fundamental rights.

5. Fundamental Rights:

The constitution guaranteed a range of fundamental rights to the citizens of Pakistan, including equality
before the law, freedom of speech, religion, and assembly, the right to a fair trial, and protection against
discrimination.

6. Islamic Provisions:

The 1973 Constitution incorporated several Islamic provisions, such as the establishment of a Council of
Islamic Ideology (CII) to ensure conformity of laws with Islamic principles. It also stated that no law
would be enacted that is repugnant to the Qur'an and Sunnah.

7. Bicameral Legislature:

The constitution established a bicameral legislature at the federal level, consisting of the National
Assembly (lower house) and the Senate (upper house). The National Assembly members are elected
through direct elections, while the Senate members are elected by the provincial assemblies.

8. Council of Common Interests:

The constitution created a Council of Common Interests (CCI), comprising the Prime Minister, Chief
Ministers of the provinces, and other members, to promote coordination and cooperation between the
federal and provincial governments.

9. Independent Judiciary:

The constitution ensured the independence of the judiciary, establishing a Supreme Court as the apex
court of Pakistan. It also provided for the establishment of High Courts in the provinces.1973
CONSTITUTION

10. Amendments:

Over the years, the 1973 Constitution has undergone several amendments, reflecting the changing
political landscape and societal needs of Pakistan. These amendments have impacted various aspects of
the constitution, including the powers of the President, Prime Minister, and judiciary.

The 1973 Constitution of Pakistan remains the supreme law of the country, providing the framework for
the governance, rights, and institutions of Pakistan.

__________________________________________________________________________________

CONSTITUTION AND ITS FORM :

A constitution is a fundamental document that establishes the basic principles, structures, and functions
of a government or organization. It serves as a supreme law and sets out the framework for governance,
the distribution of powers, and the protection of rights. Constitutions can take different forms depending
on the specific characteristics and needs of a country or organization. Here are some common forms of
constitutions:

1. Written Constitution:

A written constitution is a formal and codified document that is typically drafted and adopted at a
specific moment in time. It is usually comprehensive and contains provisions that outline the
fundamental principles, structures, powers, and rights of the government. Examples of countries with
written constitutions include the United States, India, and Germany.

2. Unwritten Constitution:

An unwritten constitution refers to a system where constitutional principles are not contained in a single
document but are derived from a combination of statutes, common law, conventions, and historical
practices. The constitutional framework evolves gradually over time. The United Kingdom is an example
of a country with an unwritten constitution.

3. Flexible Constitution:

A flexible constitution is one that can be amended or changed relatively easily. The process of amending
the constitution is typically less complex, requiring a simple majority or a special legislative procedure.
This flexibility allows for adaptability to changing circumstances. Countries like Canada and Australia
have relatively flexible constitutions.

4. Rigid Constitution:

A rigid constitution is one that is difficult to amend or change. The process of amending the constitution
usually requires a special majority, multiple stages of approval, or the involvement of specific institutions
or bodies. This rigidity aims to ensure the stability and endurance of the constitutional framework. The
United States is an example of a country with a rigid constitution.

5. Unitary Constitution:

A unitary constitution establishes a centralized system of government where all powers are concentrated
in a single central authority. The central government has the authority to delegate powers to subordinate
entities, but it retains the ultimate authority. France and Japan are examples of countries with unitary
constitutions.

6. Federal Constitution:

A federal constitution establishes a system of government where powers are divided between a central
government and regional or state governments. Each level of government has its own sphere of
authority, and both derive their powers directly from the constitution. The United States, Canada, and
Germany have federal constitutions.
These are general categories of constitution forms, and some countries may have unique variations or
combinations of these forms. The choice of constitution form depends on the historical, political,
cultural, and legal context of a particular country or organization.