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the Act of 1919 with such modifications as were necessitated by the introduction
of autonomy in the Provinces. Thus, no Council of Ministers, responsible to the
Legislature, was appointed at the Centre and the powers and functions of the
Central Legislature, as provided in the 1919 Act, remained unchanged until the
Indian Independence Act, 1947.
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THE TRANSITIONAL PHASE
After the end of the Second World War, fresh negotiations with Indian
national leaders were initiated by the Labour Government in Britain, which
accepted India's right to decide her own destiny. Under the Cabinet Mission's
Plan of May 16, 1946, a Constituent Assembly of India was formed for framing
the Constitution of the country. The Constituent Assembly met for the first time
on December 9, 1946, with the Muslim League, which was demanding a separate
State of Pakistan, abstaining,
Although constituted on the basis of indirect elections, the Constituent
Assembly was a truly representative and most impressive body, consisting as it
did of many of the foremost leaders of the country's freedom struggle, eminent
jurists and constitutionalists and other distinguished men and women in the
country's public life.
In accordance with the scheme announced by the Viceroy on June 3, 1947,
the country was divided into two independent dominions—India and Pakistan.
The Indian Independence Act, 1947, declared the Constituent Assembly of India
to be a fully sovereign body, and on the midnight of August 14-15, 1947, the
Assembly assumed full powers for the governance of the country.
Under the Act, the existing Central Legislature ceased to exist and its place
was taken by the Constituent Assembly which, primarily a constitution-making
body, was to function as the Dominion Legislature as well. To avoid confusion,
the two functions of the Assembly—Constitution-making and legislation—were
clearly separated and the Constituent Assembly (Legislative) commenced
functioning from November 17, 1947.
The Constituent Assembly adopted the draft Constitution on November 26,
1949, and the new Constitution came into force on January 26, 1950.
With the coming into force of the Constitution, the Constituent Assembly
became the Provisional Parliament of India and functioned as such until the first
General Elections based on adult franchise were held in 1952 and Parliament
was constituted under the provisions of the new Constitution.
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