JAGTIV · Previous Year Questions

PET

INDIAN CONSTITUTION & PUBLIC ADMINISTRATION · 2023

Previous Year Question

With the passing of the Indian Independence Act, 1947, India became a Dominion. Under the provisions of which section of the Government of India Act, 1935 did the Dominion Legislature make laws from 1947 to 1949?

A.
Section 135
B.
Section 100
C.
Section 130
D.
Section 101

Correct Answer: B

Detailed Solution

Section 100 of the Government of India Act, 1935 dealt with the distribution of legislative subjects between the Federal and Provincial Legislatures. Under the Seventh Schedule, subjects were distributed among the Federal Legislative List, Provincial Legislative List and Concurrent Legislative List, and Section 100 determined the legislative competence of the respective legislatures over these subjects.


After the Indian Independence Act, 1947 came into operation on 15 August 1947, India became an independent Dominion. Under Section 8 of the Indian Independence Act, 1947, the Government of India Act, 1935, subject to necessary adaptations and modifications, continued to provide the temporary constitutional framework for the new Dominion.


Important fact: Section 100 alone was not the complete constitutional basis of India's interim governmental system between 1947 and the commencement of the Constitution. More precisely, the Government of India Act, 1935 as adapted under Section 8 of the Indian Independence Act, 1947 formed the interim constitutional framework, while Section 100 specifically concerned the distribution of legislative subjects and powers.

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