Constitutional journey of India from a Colony of the British to Independent Democratic Republic of India

42nd & 44th Constitution Amendments appear diluting authority of President for protecting Constitution
Generations must CARRY Story of Journey of India from a Colony of British to Demo-Republic of India

DAYA SAGAR

It may be of some intimate interest to mention here that upto August 14, 1947 British India was a Colony / a Dependency / Upnivesh of British Empire (commonly referred as United Kingdom) i.e India was under legal , administrative , judicial, constitutional control of Britain where Vice Roy was the representative of the King of Britain in India and the Governor General was the head of Local Government in India (both the positions were held by the same person); and some parts of India ( commonly known as Princely States / Native States ) were governed by Indian Princes something ‘like’ their own States/Countries which could be defined as protectorate / Sangrakshitrajay of the British where British held the total control/ responsibility as regards their defence from any external aggressions , foreign affairs and like and the King/ ruler there held control over all local matters i.e Britain was the sovereign ‘State’ which had Suzerainty over these states (Princely States).
After the enactment of Indian Independence Act 1947 by British Parliament India had to remain a Independent Dominion of United Kingdom (with King Emperor of UK as the nominal State Head and the Governor General to be appointed by the King Emperor on the recommendations of the government of Dominion (atleast till Constitution of the free country is decided and provision made otherwise) to work as head of the Government of the Dominion with Government of India Act 1935 read with Indian Independence Act 1947 to work as the ‘interim’ Constitution of India Dominion from 15th August 1947 till the constitution of independent India was drafted , approved and enacted by Constituent Assembly of India, which became effective 26-01-1950. Late in the evening of 14 August, 1947 the Constituent Assembly of India met in the Constitution Hall and at the stroke of midnight, took over as the Legislative Assembly of an Independent India Dominion.
In Indian Independence Act of 1947 it was enshrined that till the Constitution of India is finally drafted and enacted Government of India Act of 1935 will be used as the ‘constitution’ of the Dominions ( Section 8.-(1) In the case of each of the new Dominions, the powers Temporary of the Legislature of the Dominion shall, for the purpose of provision as making provision as to the constitution of the Dominion, be to government of exercisable in the first instance by the Constituent Assembly of the of that Dominion, and references in this Act to the Legislature of the Dominion shall be construed accordingly. (2) Except in so far as other provision is made by or in accordance with a law made by the Constituent Assembly of the Dominion under subsection (i) of this section, each of the new Dominions and all Provinces and other parts thereof shall be governed as nearly as may be in accordance with the Government of India Act, 1935 ; and the provisions of that Act, and of the Orders in Council, rules and other instruments made thereunder, shall, so far as applicable, and subject to any express provisions of this Act, and with such, omissions, additions, adaptations and-. modifications as may be specified in orders of the Governor General under the next succeeding section, have effect accordingly:). But The constituent Assembly was free to adopt / draft the Status of free India to it’s liking ( Section- 6.-(1) The Legislature of each of the new Dominions shall have full power to make laws for that Dominion, including laws having extra-territorial operation. ….. (2) … (3) The Governor-General of each of the new Dominions shall have full power to assent in His Majesty’s name to any law of the Legislature of that Dominion and so much of any Act as relates to the disallowance of laws by His Majesty or the reservation of laws for the signification of His Majesty’s pleasure thereon or the suspension of the operation of laws until the signification of His Majesty’s pleasure thereon shall not, apply to laws of the Legislature of either of the new Dominions.
Section-7.–(1) As from the appointed day- (a) His Majesty’s Government in the United Kingdom have no responsibility as respects the government of any of the territories which, immediately before that day, were included in British India ; (b) the suzerainty of His Majesty over the Indian States lapses, and with it, all treaties and agreements in force at the date of the passing of this Act between His Majesty and the rulers of Indian States, all functions exercisable by His Majesty at that date with respect to Indian States, all obligations of His Majesty existing at that date towards Indian States or the rulers thereof, and all powers, rights, authority or jurisdiction exercisable by His Majesty at that date in or in relation to Indian States by treaty, grant, usage, sufferance or otherwise , and (c) there lapse also any treaties or agreements in force at the date of the passing of this Act between His Majesty and any persons having authority in the tribal areas, any obligations of His Majesty existing at that date to any such persons or with respect to the tribal areas, and all powers, rights, authority or jurisdiction exercisable at that date by His Majesty in or in relation to the tribal areas by treaty, grant, usage, sufferance or otherwise Provided that, notwithstanding anything in paragraph (b) or paragraph (c) of this subsection, effect shall, as nearly as may be, continue to be given to the provisions of any such agreement as is therein referred to which relate to customs, transit and communications, -posts and telegraphs, or other like matters, until the provisions in question are denounced by the Ruler of the Indian State or person having authority in the tribal areas on the one hand, or by the Dominion or Province or other part thereof concerned on the other hand, or are superseded by subsequent agreements.
To be continued
(The author is a Sr Journalist & analyst of J&K Affairs. [email protected]).