Constitutional Development of India (Part-II)

The Regulating Act, (1773), established India’s first Supreme Court, at Fort William, Calcutta. This Supreme Court consisted of a Chief Justice and three other regular Judges or Puisne Judges. Sir Elijah Impey was the first Chief Justice. The Supreme Court was the supreme judiciary over all British subjects, including the provinces of Bengal, Bihar, and Orissa. The Supreme Court came into force in 1774.

The Regulating Act, (1773), established India’s first Supreme Court, at Fort William, Calcutta. This Supreme Court consisted of a Chief Justice and three other regular Judges or Puisne Judges. Sir Elijah Impey was the first Chief Justice. The Supreme Court was the supreme judiciary over all British subjects, including the provinces of Bengal, Bihar, and Orissa. The Supreme Court came into force in 1774.

The Regulating Act, (1773), established India’s first Supreme Court, at Fort William, Calcutta. This Supreme Court consisted of a Chief Justice and three other regular Judges or Puisne Judges. Sir Elijah Impey was the first Chief Justice. The Supreme Court was the supreme judiciary over all British subjects, including the provinces of Bengal, Bihar, and Orissa. The Supreme Court came into force in 1774.

In 1786, another bill was brought in the Parliament relating to India in a bid to prevail upon Cornwallis to accept the Governor-General of Bengal. Cornwallis wanted to have the power of both the Governor-General and the Commander-in-Chief. The provisions of the Act were that the Governor-General in special cases relating to peace, defence, or well-being of the Indian empire, had the power to override the majority of the Council and enforce their rule.

In 1786, another bill was brought in the Parliament relating to India in a bid to prevail upon Cornwallis to accept the Governor-General of Bengal. Cornwallis wanted to have the power of both the Governor-General and the Commander-in-Chief. The provisions of the Act were that the Governor-General in special cases relating to peace, defence, or well-being of the Indian empire, had the power to override the majority of the Council and enforce their rule.

The real intention of the British to include the Princely States in the Federal Union proposed by the India Act of 1935 was to use the princes to counter-balance the anti-imperialist doctrines of the nationalist leaders. Princely States represented approximately 25% of the population of India. Under the Government of India Act, 1935, out of 260 members, 156 were to represent the provinces and 104 the princely States in the Upper House, while the Lower House consisted of 375 members, out of whom 250 were to represent the provinces and 125 to represent the Princely States. In both Houses of the Federal Legislature, the States were given their quota of representation, but the members from the States were not to be elected. Despite such a wide range of provisions, the princely states refused to join the Federation. They were alarmed by the changing situation in the country caused by the rapid spread of the National Movement. The British Government failed to overcome the opposition of the Indian National Congress, the Muslim League, and the Princes against the Federal Scheme. So, the Federal Scheme was withdrawn, the establishment of the Federal Court was postponed, and the Provincial scheme was introduced on 1st April 1937, causing a drastic change in the pattern of provincial politics.

Jawaharlal Nehru compared the Government of India Act, 1935 with "a car which has a brake but no engine." Jawaharlal Nehru was the Prime Minister of India from 1947 to 1964. In fact, the policy of Non-Alignment is the creation of Jawaharlal Nehru and he is the propounder of the Panchsheel Theory.

Jawaharlal Nehru compared the Government of India Act, 1935 with "a car which has a brake but no engine." Jawaharlal Nehru was the Prime Minister of India from 1947 to 1964. In fact, the policy of Non-Alignment is the creation of Jawaharlal Nehru and he is the propounder of the Panchsheel Theory.

Indian National Congress rejected the Government of India Act, 1935 in the Lucknow Session, 1936. This session was presided by Pt. Jawaharlal Nehru.

In the year 1923, 1926, 1930, 1934, and 1945, the elections of the Central Legislative Assembly were held under the Government of India Act, 1919. The provincial assembly elections held in the year 1937 were held under the Government of India Act, 1935.