Dominion Constitution and Government
India as a free and independent dominion within the British Commonwealth of Nations (its title changed in 1949 to "Commonwealth of Nations") came into existence on 15 August 1947 under the provisions of the Indian Independence Act 1947 which had received royal assent on 18 July 1947. This act, along with the Government of India Act 1935 ( text here) the latter to be suitably amended to the changed context, served as the constitution of the dominion. Under the Indian Independence Act, the British government relinquished all responsibility of governing the territories that formerly constituted British India; the legislatures of the new dominions could "repeal or amend" any existing act of the British parliament; no future act of the British parliament would extend to the dominions unless extended so and enacted by the dominion legislature. Reflecting the changed status, the royal style and titles "Indiae Imperator" and "Emperor of India" was abandoned.
In January 1949, India consisted of nine Governors' Provinces, Madras, Bombay, West Bengal, the United Provinces, East Punjab, Bihar, the Central Provinces and Berar, Assam and Orissa; five Chief Commissioners' Provinces, Delhi, Ajmer-Merwara, Coorg, Andaman and Nicobar Islands, and Panth Piploda; and around 500 princely states. The Statesman's Yearbook (1949) stated, "The Governors' Provinces and the Chief Commissioners' Provinces are under the sovereignty of His Majesty the King of the United Kingdom." The princely states were governed by rulers who had ceded power in the areas of defence, external affairs, and communications to the dominion; such states were called "Acceding States." The provinces comprised approximately three-fourths of the dominion's population and three-fifths of the area.
Constitutionally, the Dominion was a federation with authority and responsibility devolving in the following manner. In the case of the Governors' Provinces: in the areas of defence, external affairs, currency and coinage, and communications, authority and responsibility lay with the Dominion legislature; in the administration of justice, public health, religious endowments, land and education, among others, authority lay with the provincial legislature; in the criminal law and procedure, marriage and divorce, succession, factories, labor welfare, workmen's compensation, health, insurance and old-age pensions, responsibility lay concurrently with both, with overriding powers to the Dominion. In the case of the Chief Commissioners' Provinces: the administration was directly by the central government, with the plenary power of legislation belonging to the Dominion legislature. In the case of the Princely States, the areas of legislation which they chose to hand over to the Dominion were expected to be specified in the Instruments of Accession" that were executed by the rulers and accepted the Governor-General; these areas were limited largely to defence, external affairs and communications.
The executive authority of the Dominion was exercised on behalf of King George VI by the Governor-General, who acted on the advice of his Council of Ministers. The cabinet system of responsible government prevailed at the centre. By convention, the cabinet includes members of minority and backward communities. The Chief Commissioners' Provinces were administered by the Governor-General through a Chief Commissioner appointed by him.
The power to legislate in the Dominion legislature lay with the Constituent Assembly. The allotment of seats to Provinces and Princely States in this assembly were approximately in the ratio of one seat to a million individuals in the population. In the instance of Governors' Provinces, seats were distributed between the main religious communities (General (which included Hindus), Muslims, and in the East Punjab, Sikh) in each provinces in proportion to their population. The representatives from each Governors' Province were elected by the Lower House of the provincial legislature, the voting being by the method of proportional representation with single transferable vote, with the members of the main communities voting in separate constituencies. Of the assembly representatives allotted to the Princely States, half were elected by the State legislatures (or other representative bodies); the remainder was nominated by the ruler.
The plan of the Constituent Assembly of India was drawn up during the British Raj, following negotiations between nationalist leaders and the 1946 Cabinet Mission to India. Its members were elected by the new provincial assemblies formed after the 1946 Indian provincial elections held in January. The Constituent Assembly had 299 representatives consisting of 15 women and 284 men. The female members were: Purnima Banerjee, Kamla Chaudhry, Malati Choudhury, Durgabai Deshmukh, Rajkumari Amrit Kaur, Sucheta Kriplani, Annie Mascarene, Hansa Jivraj Mehta, Sarojini Naidu, Vijaya Lakshmi Pandit, Begum Aizaz Rasul, Renuka Ray, Leela Roy, Ammu Swaminathan and Dakshayani Velayudhan. Most were associated with the Indian nationalist movement.
The Interim Government of India was formed on 2 September 1946 from the newly elected members of the Constituent Assembly. The Indian National Congress secured 69 percent of all of the seats, whereas the Muslim League had a smaller number, but significantly all of the seats that were reserved for Muslims. There were also fewer numbers from other parties, such as the Scheduled Caste Federation, the Communist Party of India, and the Unionist Party. In June 1947, members from the provinces of Sindh, East Bengal, Baluchistan, West Punjab, and the North West Frontier Province withdrew to form the Constituent Assembly of Pakistan, which met in Karachi.
On 15 August 1947, all the members of the Constituent Assembly who had not withdrawn to Karachi came to constitute the Dominion of India's legislature. Only 28 members of the Muslim League finally joined. Later, 93 members were nominated from the princely states. The Congress secured a majority of 82%.
Jawaharlal Nehru took charge as Prime Minister of India on 15 August 1947. Vallabhbhai Patel served as the Deputy Prime Minister. Lord Mountbatten, and later C. Rajagopalachari, served as Governor-General until 26 January 1950, when Rajendra Prasad was elected as the first President of India.
Nehru's cabinet of 15 included one woman.