Remarks

The Constitution of Hindusthan Free State Act 1944 (“Hindustan Constitution”) was produced by a committee ("Committee") appointed by the Bhopatkar Satkar Nidhi - a trust closely connected to the Hindu Mahasabha. The Committee was tasked with framing a Constitution for India that would ‘unify the divergent elements and interests of the country’. In the mid-1940s, many felt that an Indian Constituent Assembly was on the horizon. The key political question at the time was: What constitutional arrangement could secure the future of India’s minorities, particularly the Muslim community?

The Committee comprised D.V. Gokhale, L.B. Bhopatkar, K.V. Kelkar and M.R. Dhamdhere. L.B. Bhopatakar was a well-known Mahasabha member who would go on to represent Sarvarkar in the Gandhi Assassination case. The others on the Committee were most likely Mahasabha members or at least closely linked with Hindu nationalist movements and organisations. The Committee sat for the first time on 31 May 1944. In total, it sat 35 times and submitted its work on 15 July 1944. 

The Hindusthan Constitution, as the name suggests, was designed to be a Constitution. It contained 111 Articles organised around 5 parts with each part further divided into chapters. The organization and scope of the document were similar to the Government of India Act 1935It established a form of government that was ‘...democratic, republic and federal with residuary powers at the Centre...’ and introduced Universal Adult Suffrage. It provided a  range of fundamental rights that closely resembled, and in some cases were identical to, the Congress-led constitutional proposals like the Nehru Report 1928. It set up bicameral legislatures, a judiciary and an executive at the Centre and States on lines similar to the Government of India Act 1935

The Hindusthan Constitution is distinct from other Indian Historical Constitutions in one major way: it did not provide for any social, economic or political affirmative action measures whatsoever. There was no mention of separate electorates or reservations for any religious or marginalised community. It contained another relatively unique provision: citizens had the right to recall their elected representatives.

The Hindusthan Constitution is arguably the only Historical Constitution that we know of that was produced by the Hindu nationalist movement. Due to a lack of primary and secondary sources,  we don't know if the document had any political or constitutional purchase. One Mahasabha source claims that at the 1944 Bilaspur Session of the All India Hindu Mahasabha adopted a 'model Constitution of India was adopted similar to the present Constitution so far as the salient features are concerned'. 

Vikram Sampath's Sarvarkar: A Contested Legacy, 1924-1966 is the only work that engages with the document albeit briefly. Sampath argues that the Hindusthan Constitution document resembles the Constitution of India. He also cites a Constituent Assembly member who found ‘agreement on the main features’ of the Hindusthan Constitution with the Constitution of India 1950. Interestingly, important overviews of the Historical Constitutions like Niraja Jayal’s Citizenship and Discontents: An Indian History do not mention the document. This could be a symptom of the lack of historical sources or that the document had no bearing on political and constitutional developments at the time - a fate that was not uncommon for Historical Constitutions.

 

An Act to provide Constitution for the governance of the Hindusthan Free State

Preamble

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Whereas all sovereignty vests in the people, and

Whereas the people of Hindusthan including the people in territories at present, ruled by Indian Princes and Chiefs are the sole source of all state power in Hindusthan Free State, and

Whereas the people of Hindusthan constitute free, independent and indivisible State, and

Whereas it is the inalienable right of the people of Hindusthan to have freedom and to enjoy the fruits of toil and to have the necessities of life, so that they may have full opportunities for self-expression and growth, and

Whereas the people of Hindusthan are inspired by the determination to establish their realm, in freedom and justice, to be of service to the cause of peace at home and good-will abroad and to further progress in all aspects, it is hereby proclaimed that the Hindusthan Free State is established and in the exercise of its un- doubted right, it is enacted as follows:—

PART1.

Preliminary.

Short Title.

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1. This Act may be cited for all purposes as the Constitution of The Hindusthan Free State Act, 194

Commencement.

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2. It shall come into force immediately.

Nature.

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3. The Hindusthan Free State is free and democratic.

Extent.

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4. The territories of the Hindusthan Free State shall be bounded on the North by the U.S.S.R., by the territories beyond the Hindukush and the Himalayas, Tibet and Nepal; on the East by the river Irawaddy and the Indian Ocean; on the South by the Indian Ocean; on the West by the Arabian Sea, and Iran. They shall consist of the following provinces which are at present named as: —1. The North-Western Frontier Province; 2. The Punjab; 3. The Sind; 4. Baluchistan; 5. The United Provinces; 6. Bihar; 2. Assam; 8. Bengal; 9. Orissa; 10. The Central Provinces and Berar; 11. Bombay; 12. Madras; 13. Ajmer-Merwara; 14. Coorg; 15. Delhi; and 16, The territories at present ruled by the Indian Princes and Chiefs.

Source and Exercise of Powers and Authority.

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5. All powers of government and all authority, legislative, executive, and judicial in Hindusthan, are derived from the people of Hindusthan and the same shall therein be exercised through the institutions established by or under and in accord with this Act.

PART II.

Fundamental Rights.

Citizen Defined.

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6. Every person, without distinction of sex, domiciled within the limits of the jurisdiction of the Hindusthan Free State at the date of the coming into operation of this Constitution, who as born in Hindusthan or either of whose parents who as born in Hindusthan or who has be ordinarily  resident within the limits of the jurisdiction the Hindusthan Free State for not less than seven years, is a citizen of the Hindusthan Free State, and shall within such limits enjoy the rights and privileges and be subject to the obligations of such citizenship.

Provided that any such person being a citizen of another State may elect not to accept the citizenship hereby offered; and the conditions governing the future acquisition or termination of citizenship in the Hindusthan Free State shall be determined by law.

Fundamental Rights.

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7. The fundamental rights of all citizens of the Hindusthan Free State shall be as here under—

(i) All men and women shall have equal rights as citizens.

(ii) All citizens are equal before the law and possess equal civic rights. There shall be no law, civil or penal, substantive or procedural, of a discriminative nature.

(iii) All citizens have an equal right of access to, and use of, public roads, public wells and all  other places of public resort.

(iv) All citizens have the right to free elementary education, and of admission into any educational institution maintained or aided by the State is without any distinction of caste, color or creed.

(v) Every citizen shall have the right to keep and bear arms in accordance with the regulations made in that behalf.

(vi) The State shall make suitable laws for the maintenance of health and fitness for work of all citizens, securing of a living wage for every worker, the protection of mother-hood, welfare of children, and the economic consequences of old age, infirmity and unemployment, and the State shall also make laws to ensure fair rent and fixity and permanence of tenure to agricultural tenants.

(vii) All persons are by nature equally free and independent and have certain inherent rights; viz, the enjoyment of life and liberty with the means of acquiring and possessing property and pursuing and obtaining happiness and safety without any exploitation of man by man.

(viii)  The liberty of the person is inviolable and no one shall be deprived of his liberty of person except in accordance is with law- The privilege of the writ of Habeas Corpus shall not be denied to any person, unless, in case of rebellion or invasion, the public safety requires such denial and then only in such manner as shall be prescribed by law.

(ix)   No person’s dwelling or property shall be entered, sequestered or confiscated save in accordance with law.

(x) The right of free expression of opinion, as well as the right to assemble peaceably and without arms, and to form associations or unions, is hereby guaranteed for purposes not opposed to public order or morality.

(xi) Freedom of conscience and the free profession and practice or religion and the protection of culture and language are, subject to public order and morality, guaranteed to every citizen, and no law shall be made either directly or indirectly to endow any religion, or prohibit or restrict the free exercise thereof, or give any preference or impose any disability on account of religious belief or religious statute.

(xii) No person attending any school receiving State-aid or other public money shall be compelled to attend the religious instruction that may be given in the school.

(xiii) No person shall, by reason ‹›f his colour, caste or creed, be prejudiced in any way in regard to public employment, office of power or honour and the exercise of any profession, trade or calling.

(xiv) No public money or property shall ever be appropriated, applied, donated or used directly or indirectly, for the use, benefit or support of any sect, denomination, sectarian institution or association or system of religion, or for charitable, industrial, educational or benevolent purposes not under the control of the State.

(xv) There shall be no State-religion for the Hindusthan Free State or for any of its Provinces.

(xvi) Every citizen shall have the right to petition to the Supreme court in respect of any infringement of his fundamental rights, and the decision of the said Court shall be final and binding on him, the State and the Provinces concerned.

PART III.

CHAPTER I.

Federation of Hindusthan.

Establishment Federation.

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8. It is hereby enacted that from the day of the month of the year one thousand nine hundred and forty there shall be united in a federation under the name and style of the Hindusthan Free State all the parts of Hindusthan as mentioned in section 4 of this Act.

CHAPTER II.

The Federal Legislature.

Congress and its Constitution.

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9. (1) The legislative power of the Hindusthan Free State shall be vested in the Congress.

(2) The Congress shall consist of the President and two Chambers, to be known respectively as the Senate and the House of Representatives.

(3) The Senate shall consist of three hundred representatives to be elected by the members of the Provincial Legislatures by the method of proportional representation with single transferable vote, seats being allotted to each province on the basis of population.

(4) No person, who has not completed thirty years of his age on the date of nomination, shall be a member of the Senate.

(5) The House of Representatives shall consist of six hundred representatives to be elected by constituencies as determined by law on the basis of population.

(6) No person, who has not completed twenty-five years of his age on the date of nomination shall be a member of the house of Representatives.

(7) The representatives of the Senate and the House of Representatives shall be chosen in accordance with the provisions in that behalf contained in the——Schedule to this Act.

(8) No person shall be a member of both the Chambers and a person who has been elected as a member of both the Chambers shall be deemed to have vacated the seat to which he was first elected.

(9) The Senate shall be a permanent body not subject to dissolution, but as near as may be one-third of the members thereof shall retire every third year in accordance with the pro- visions in that behalf contained in the—Schedule annexed hereto.

(10) The House of Representatives, unless sooner dissolved, shall continue for five years from the date appointed for their first meeting but no longer, and the expiration of the said period shall operate as a dissolution of the Chamber.

Provisions as to Members of Federal Legislature.

Disqualifications for Membership.

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10. (1) A person shall be disqualified for being chosen as, and for being, a member of either Chamber—

(a) If he holds any office of profit under the State other than an office declared by an Act of the Federal Legislature not to disqualify its holder in that behalf.

For the purposes of this section a Minister either for the Federation or for a Province shall not be deemed to hold an office of profit.

(b) If he is of unsound mind and stands so declared by a competent Court.

(c) If he is an undischarged insolvent.

(d) If, whether before or after the establishment of Federation, he has been convicted, or has, in proceedings for questioning the validity or regularity of an election, been found to have been guilty of any offence or corrupt or illegal practice relating ’to elections, which has been declared by an Act of the Federal Legislature to be an offence or practice entailing disqualification for membership of the Legislature, unless such period has elapsed as  may be specified  in  that behalf  by  the“  provisions of that Act.

(e) If, having been nominated as a candidate for either Chamber of the Federal Legislature or having acted as an election agent of  any  person so nominated, he has failed to lodge a return of election expenses within the time and in manner required by any Act of the Federal Legislature or by any Rule of Standing Order made under this Act, unless five years have elapsed from the date by is which the return ought to have been lodged, or the President, acting in his discretion, has removed the disqualification:

Provided that a disqualification under clause (e) of this sub-section shall not take effect until the expiration of one month from the date by which the return ought to have been lodged or of such longer period as the President, in his discretion, may in any particular case allow.

(f) If, whether before or after the establishment of the Federation, he has been convicted of any other offence by a Court in Hindusthan and sentenced to transportation or to imprisonment   for not less than two years, unless a period of five years, or such less period as the President, acting in his discretion, may allow in any particular case, has elapsed since his release,

(2) A person shall not be capable of being chosen a member of either Chamber while he is serving a sentence of transportation or imprisonment for a criminal offence.

(3) When a person who, by virtue of a conviction or a conviction and a sentence, becomes disqualified by virtue of clause (d) or clause(f) of sub-section (i) of this section is at the date of disqualification a member of the Legislature, his      seat shall, notwithstanding anything in this section, not become vacant by reason of the disqualification, until three months have elapsed from the date thereof or, if within those three months an appea1 or petition for revision is made in respect of the conviction or the sentence, until that appeal or the petition is disposed of, but during any period during which his membership is preserved by this sub-section he shall not sit or vote.

Penalty for Sitting or Voting when not Qualified or when Disqualified.

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11. If a person sits or votes as a member of either Chamber when he is not qualified or is disqualified for membership thereof, or when he is prohibited from so doing by the provisions of sub-section (3) of the last preceding section, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the State.

Vacation of Seats.

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12. If a member of either Chamber—

(a) Becomes subject to any of the disqualifications mentioned in sub-section (I) of section 10; or

(b) by writing under his hand addressed to the President resigns his seat; or

(c) if for sixty days a member of either Chamber without the permission of the Speaker or in his   absence of the Deputy Speaker is absent from all meetings thereof, his seat shall thereupon become vacant:

Provided that in computing the said period of sixty days, no account shall be taken of any period during which the Chamber is prorogued, or is adjourned for more than four consecutive days.

The vacancy created for any of the foregoing reasons shall be filled by election in a manner to be determined by law.

Oath.

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13. Every member of either Chamber shall, before taking his seat, make and subscribe before the President or some person authorized by him, an oath according to that one of the forms set out in the Schedule to this Act which the member accepts as appropriate in his case.

Privileges of Members.

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14. Subject to the provisions of this Act and to the Rules and Standing Orders regulating the procedure of the Federal Legislature—

(1) There shall be freedom of speech in the Legislature, and no member of the Legislature shall be liable to any proceedings in any Court in respect of anything said or any vote given by him in the Legislature or any committee thereof.

(2) No member shall, except in cases of treason, felony or breach of peace, be liable to be arrested in going to and returning from and while within the precincts of either Chamber.

(3) No person shall be liable to any proceedings in any Court in respect of the publication by or under the authority of either Chamber of the Legislature of any report, paper, votes or proceedings.

(4) In other respects, the privileges of the members of the Chambers shall be such as may from time to time be defined by an Act of the Federal Legislature.

(5)   The Federal Legislature, or either Chamber, or both Chambers sitting together, or any Committee, or any officer of the Legislature shall have no power other than a power to remove or exclude persons infringing the Rules or Standing Orders, or otherwise behaving in a disorderly manner.

(6) The provisions of sub-sections (1) to (5) of this section shall apply in relation to persons who by virtue of this Act have the right to speak in, and otherwise take part in the proceedings of, a Chamber as they apply in relation to members of the Legislature.

Salaries and Allowances of Members.

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15. Members of either Chamber shall be entitled to receive such salaries and allowances as may from time to time be determined by Act of the Federal Legislature.

General

Sessions of the Legislature, Prorogation and Dissolution.

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16. (1) The Chambers of the Federal Legislature shall be summoned by the President of the Hindusthan Free State to meet for their first session on such day as he may specify in that behalf, but such day shall not be later than— days after his election.

(2) The Chambers of the Federal Legislature shall be summoned by him to meet once at least in every year, and twelve months shall not intervene between their last sitting in one session and the date appointed for their first sitting in the next session.

(3) Subject to the provisions of this section, he may in his discretion from time to time—

(a) summon the Chambers or either Chamber to meet at such time and place as he thinks fit;

(b) prorogue the Chambers;

(c) dissolve the House of Representatives.

(4) The sittings of each Chamber shall be public. In cases of emergency either Chamber may hold a private sitting with the assent of its presiding member.

Officers of Chambers.

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17. (1) Each Chamber shall as soon as may be elect two of its members to be respectively the Speaker and Deputy Speaker thereof, and, so often as the office of the Speaker or Deputy Speaker becomes vacant, the Chamber concerned shall elect another member to be the Speaker or Deputy Speaker, as the case may be.

(2) A member holding office as the Speaker or Deputy Speaker of his Chamber shall vacate his office—

a) if he ceases to be a member of his Chamber; or

b) if he resigns his office by writing under his hand addressed to the President; or

c) if he is removed from his office by a resolution passed by a majority of all the then members of his Chamber; but no resolution for this purpose shall be moved   unless at least fourteen days’; notice has been given of the intention to move the resolution.

(3) The Speaker shall preside over the sittings of his Chamber and perform all other duties of his office, and in his absence the Deputy Speaker shall do so; in the absence of both the Speaker and the Deputy Speaker, the Chamber shall elect its own Speaker for the time being from among its members.

(4) The Speaker and the Deputy Speaker of each Chamber shall be paid such salaries as may be respectively fixed by an Act of the Federal Legislature.

Voting and Quorum.

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18. (1) All matters at any sitting or joint sitting of the Chambers shall, save as otherwise provided by this Act, be determined by a majority of votes of the members present and voting.

(2) The Speaker or the Deputy Speaker or any other person performing the duties of the Speaker shall not vote in the first instance but shall have and exercise a casting vote in case of an equality of votes.

(3) A Chamber of the Federal Legislature shall have power to Act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislature shall be valid notwithstanding that it is discovered subsequently that some person, who was not entitled so to do, sat or voted or otherwise took part in the proceedings.

(4) If at any time during a meeting of a Chamber members sufficient to join a quorum of the Chamber are not present, it shall be the   duty of the Speaker or person acting as such   either to adjourn the Chamber, or to suspend the meeting until the quorum is formed.

Right of Audience.

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19. Every Minister and the Attorney-General shall have the right to speak in, and otherwise to take part in the proceedings of either Chamber, any joint sitting of the Chambers, and any Committee of the Legislature of which he may be named a member, but shall not by virtue of this section be entitled to vote.

Language.

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20. (i) All proceedings in the Federal Legislature shall be conducted in the Hindi or English language.

(ii) The Hindi language shall be the official language of the Hindusthan Free State.

Legislative Powers of the Federal Legislature.

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21. (1)   All    legislative powers herein granted shall be vested in the   Federal   Legislature.

(2) The Federal Legislature shall have power to make laws —

(a) for the peace, order and good government         of the Hindusthan free State in relation to     all matters not coming in the classes of subjects by Schedule——to this Act assigned to the Provincial Legislatures;

(b) for the nationals and servants within all parts of Hindusthan, as well as those without and beyond Hindusthan

(c) for the government officers, soldiers, airmen, navymen, mariners, followers and others in its military employ.

(3) In cases of great emergency and in matters of dispute between Provinces, the Federal Government and the Federal Legislature shall have all the powers necessary and ancillary including the power to suspend or annul the acts, executive and legislative, of a Provincial Government.

(4) No court shall have jurisdiction in cases where the Federal Government or the Federal Legislature has acted in the exercise of the powers under the preceding sub-section.

Annual financial statement.

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22. (1) The President shall in respect of every financial year cause to be laid before both Chambers of the Federal Legislature a statement of the estimated receipts and expenditure of that year called the “annual financial statement.”

(2) Such statement shall be so placed by a member of the Council of Ministers.

(3) The estimates of expenditure embodied in the annual financial statement shall be submitted in the form of demands for grants to the House of Representatives and thereafter to the Senate, and either Chamber shall have power to assent or to refuse to assent to any demand, or to assent to any demand subject to a reduction of the amount specified therein.

(4) If the Chambers differ with respect to any demand the President shall summon the two Chambers to meet in a joint sitting for the purpose of deliberating and voting on the demand as to which they disagree, and the decision of the majority of the members of both Chambers present and voting shall be deemed to be the decision of the two Chambers.

Supplementary grant.

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23. If in respect of any financial year further expenditure  from the revenues of the Federation becomes necessary over and above the expenditure theretofore authorised for that year, the President shall cause to be laid before both Chambers of the Federal Legislature a supplementary statement showing the estimated amount of that expenditure, and the provisions of sub-sections (2), (3) and (4) of section 22 shall have effect in relation to that statement and that expenditure as they have effect in relation to the annual financial statement and the expenditure mentioned therein.

Authentication of authorized grants.

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24. (1) The President shall authenticate by his signature a Schedule specifying the grants authorised by the two Chambers of the Federal Legislature under sections 22 and 23.

(2) No expenditure from the revenues of the Federation shall be deemed to be duly authorised unless it is specified in the Schedule so authenticated.

Money bill defined.

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25. A money bill means a bill which contains provisions dealing with all or any of the following subjects, namely, the    imposition,    repeal,    remission,    alteration or regulation of taxation; the imposition, for  the  payment  or debt, or other financial purposes, of  charges on  public revenues or monies, or the variation or repeal of any such charges; the supply, appropriation, receipt custody, issue or audit of accounts of  public money; the raising of any loan or the repayment thereof ; or subordinate  matters  incidental   to   those   subjects    or any of them. In this definition the expression ’taxation', public money and loan respectively do not include any taxation, money or loan raised by local authorities or bodies for local purposes.

Speaker’s certificate

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26. The Speaker or in his absence the Deputy Speaker of the House of Representatives shall certify a bill which in his opinion is a money bill to be a money bill and such certificate shall be final and conclusive:

Provided that if before the expiration of— days from the  day  of  which  a  bill  so  certified  is  sent by the House of Representatives to the Senate for its consideration, two-fifths  of the members of either Chamber by notice in  writing  addressed  to  the  Speaker or in his absence to the Deputy Speaker of the Chamber of  which  they  are  members  so  require,  or  a   majority of the members of the Senate present and voting  at  a sitting of the Senate at which not less than-members are present so resolve,  the question  whether a bill  is a money bill or is not so shall be forthwith referred to the Chief Justice of the Supreme Court and his decision shall be final and conclusive.

Originating Chamber.

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27. (1) A money bill shall be introduced only by a member of the Council of Ministers and shall only originate in the House of Representatives.

(2) Any other bill may be initiated in either chamber of the Federal Legislature and if passed by the originating Chamber, shall be introduced in the other Chamber for being passed.

Passing of money bill.

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28. A money bill passed by the House of Representatives shall be transmitted to the Senate for its recommendations and it sha11 be returned not later than—days therefrom to the House of Representatives, which may pass it, accepting or rejecting all or any of the recommendations of the Senate; and the bill so passed shall be deemed to have been passed by both Chambers.

Passing of other bills

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29. (1) A bill other than a money bill shall not be deemed to have been passed by the Federal Legislature unless it has been agreed to by both Chambers, either without amendments or with such amendments only as may be agreed to by both Chambers.

(2) If any bill which has been passed by one Chamber is not, within six months after the passage of the bill by that Chamber, passed by the other Chamber, either without amendments or with such amendments as may be agreed to by both Chambers, the President shall, on resolution passed by either Chamber to that effect, refer the bill for decision to a joint sitting of both Chambers. The members present at such joint sitting shall vote together upon the bill and amendments if any, as last proposed by the House of Representatives; and the bill and such amendments as are affirmed by a majority of the total number of members of the two Chambers present at such joint sitting shall be taken to have been duly passed by both Chambers of the Federal Legislature.

President’s assent to bills or otherwise.

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30. (1) So soon as any bill shall have been passed by both Chambers, it shall be presented to the President for the signification of his assent, and he may signify such assent or withhold the same.

(2) A bill passed by both chambers shall not become an Act unless and until the President signifies his assent thereto.

(3) In case where the President withholds his assent to a bill passed by both Chambers, he shall return the bill for reconsideration to the originating Chamber with his own amendments thereto.

(4) A bill so returned shall be further considered by both Chambers together with the amendments recommended by the President, and if it is reaffirmed with or without amendments by both Chambers, it shall be deemed to have been assented to by the President and shall become an Act.

CHAPTER III

The Federal Executive.

President, executive authority.

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31. The executive authority of the Hindusthan Free President, State shall be vested in the President and shall be exercisable in accordance with law, practice and constitutional usage.

President’s Election.

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32. The President shall be elected by all voters of the House of Representatives and his term of office shall be six years from the date he takes office.

Council of Ministers

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33. (1) There shall be a Council of Ministers to aid and advise the President in the government of the Hindusthan Free State. The Council Ministers shall consist of not less than six ministers of whom one to be called the Prime Minister shall be appointed by the President on the advice of the leader of the majority party in the House of Representatives. The Prime Minister shall nominate and appoint other ministers, who along with himself shall be members either of the House of Representatives or of the Senate.

(2) The Council of Ministers shall be collectively responsible to the House of Representatives for all matters concerning the departments of Hindusthan Free State administered by them and generally for all advice tendered to the President.

(3) ministers shall receive such remuneration as may from time to time be prescribed by law, but the remuneration of any minister shall not be diminished during his term of office.

Command-in-Chief

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34. The Command-in-Chief of the military, naval and air forces of the Hindusthan Free State is vested in the President, who may call out the same to execute the laws, to suppress insurrection or repel invasion.

President’s Right to Address and Send Messages to Chambers.

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35. The President may in his discretion—

(a) address either Chamber of the Federal Legislature or both Chambers assembled together and for that purpose require the attendance of members; or

(b) send messages to either Chamber of the Federal Legislature, whether with respect to a bill then pending in the Legislature or otherwise, and a Chamber to whom any message is so sent shall with all convenient dispatch consider any matter which they are required by the message to take into consideration.

President’s Powers.

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36. (1) The President shall take care that the laws are faithfully executed. He shall commission all officers of State. He may at any time require information, in writing or otherwise, from the officers of the executive department upon any subject relating to their respective offices.

(2) He shall have power to grant reprieves, commutations and pardons after conviction for all offences subject to such regulations as may be provided by law relative to the manner of applying therefor.

(3) He and all civil officers except such inferior officers as may by law be exempted, shall, before entering on the duties of their respective offices, take and subscribe the following oath or affirmation: —

                     I do solemnly swear/affirm that I will support and defend the Constitution of the Hindusthan Free State and that I will faithfully discharge the duties of the office of — to the best of my ability.

(4) He shall have power, by and with the advice and consent of two-thirds of the members present in a joint meeting of both the Chambers, to declare war or make treaties.

(5) He shall have power, by and with the advice and consent of the Council of Ministers, to appoint ambassadors and consuls.

$President’s Resignation, etc.&

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37. In case of resignation which shall be tendered to the House of Representatives, death, impeachment, or other disability of the President, the powers and duties of the office shall devolve upon the presiding officer of the House of Representatives until the disability be removed, or until a new president is elected.

Salary, official residence & establishment of President.

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38. The salary of the President shall be fixed by the House of Representatives in keeping with the dignity, position and status of his office and shall be charged on the revenues of the State. Suitable provision shall also be made out of those revenues for the maintenance of his official residence and establishment.

Removal and retirement of President.

COH.40

Document Name > Paragraph Number

39. The House of Representatives and the Senate may, upon due notice and opportunity for defence given, remove or retire the President from office upon the concurrence of two-thirds of all the members elected to the two Chambers.

Chapter IV.

Audit and Accounts.

Auditor-General

COH.41

Document Name > Paragraph Number

40. The President in consultation with the Council of ministers shall appoint an Auditor-General to act on behalf of the Hindusthan Free State. He shall control all disbursements and shall audit all accounts of moneys administered by or under the authority of the Federal Legislature and shall report to the House of Representatives at stated periods determined by law. He shall prescribe the form in which the accounts of the Federation shall be kept and may give directions with regard to the methods or principles in accordance with which any accounts of provinces ought to be kept.

Removal.

COH.42

Document Name > Paragraph Number

41. The Auditor-General shall be removed from office in like manner and on the like grounds as a Judge of the Supreme Court, subject to this provision that he terms and conditions of his tenure of office shall be fixed by law. He shall not be a member of   the Federal Legislature nor shall he hold any other office or position of emolument.

Salary, allowance and pension.

COH.43

Document Name > Paragraph Number

42. The salary, a11owances and pension payable to the Auditor-General and the members of his staff shall be charged on the revenues of the Federation.

Chapter V.

Federal Judiciary.

Establishment and constitution of Supreme Court.

COH.44

Document Name > Paragraph Number

43. (1) The judicial power of the Hindusthan Free State shall be exercised and justice administered in the public Courts established by the State by Judges appointed in the manner hereinafter provided.

(2) There shall be a Supreme Court consisting of a Chief Justice and such number of other judges as the President may deem necessary, but unless and unti1 a resolution has been presented by the Federal Legislature requiring an increase in the number of judges, the number of puisne judges shall not exceed six.

(3) Every judge of the Supreme Court shall be appointed by the President by warrant in consultation with the Council of ministers and the All-India Bar Association, if any, and shall hold office until he attains the age of sixty-five years.

Provided that—

(a) A judge may by mere signation under his hand addressed to the President resign his office.

(b) A judge may be removed from his office by the President by warrant on the ground of misbehaviour, incapacity or infirmity of mind or body.

(4) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he—

(a) has been for at least five years as a judge of a High Court; or

(b) is a barrister, an advocate or a pleader of at least ten years standing actively working as such in any High Court.

Provided that a person shall not be qualified for appointment as Chief Justice unless he is, or when first appointed to a judicial office was, a barrister, or an advocate or a pleader of at least fifteen years standing; and

In computing for the purposes of this sub-section the standing of a barrister, or an advocate or a pleader any period during which a person has held judicial office after he became a barrister, an advocate or a pleader, as the case may be, shall be included.

(5) Every person approved to be a Judge of the Supreme Court, shall, before he enters upon his office make and subscribe before the President or some person appointed by him an oath according to the form set in section 36, sub- section (3) of the Act.

(6) The Judges of the Supreme Court shall be entitled to such salaries and allowances, including allowances for expenses in respect of Equipment and travelling upon appoint- ment, and to such rights in respect of leave and pension as may from time to time be fixed by the President.

(7) If the office of the Chief Justice become vacant or if the Chief  justice is, by reason of absence or for any other reason, unable to perform the duties of his office, those duties shall, until some person appointed by the President to the vacant office has entered on the duties   thereof, or until the Chief Justice has resumed his duties, as the case may be, be performed by such one of the other judges of the Supreme Court as the President may in his discretion appoint for that purpose.

Seat of Supreme Court.

COH.45

Document Name > Paragraph Number

44. The Supreme Court shall be a court of record and shall sit in Delhi and at such other place or places, if any, as the Chief Justice may with the approval of the President from time to time appoint.

Original Jurisdiction Supreme Court.

COH.46

Document Name > Paragraph Number

45. Subject to the provisions of this Constitution the Supreme Court shall, to the exclusion of any other Court, have an original jurisdiction—

​​​​​​​(1) in any dispute between the Federal Government and a Provincial Government if and in so far as the dispute involves any question whether of law or fact on which the existence or extent of a legal right depends.

(2) It shall also have original jurisdiction in all matters—

(i) referred to the Supreme Court by the President;

(ii) in which the Federal Government or a person suing or being sued on behalf of the Federal Government is a party;

(iii) affecting consuls or other representatives of other countries;

(iv) between Provinces;

(v) arising under this Constitution or involving its interpretation.

Appellate Jurisdiction of Supreme Court in appeals from High Courts.

COH.47

Document Name > Paragraph Number

46. (1) The Supreme Court shall have jurisdiction with such exceptions and subject to such regulations as the Federal Legislature may prescribe, to hear and determine appeals from all judgments, decrees, orders and sentences,

(a) of any Justice or justices exercising the original jurisdiction of the Supreme Court;

(b) of a High Court if the High Court certifies that the case involves a substantial question of law as to the interpretation of this Constitution or any Order in Council made thereunder, and it shall be the duty of every High Court to consider in every case whether or not any such question is involved and of its own motion to give or to withhold a certificate accordingly.

(2) The Federal Legislature may by Act provide that in such civil cases as  may  be specified in the Act an appeal shall lie to the Supreme Court from a judgment, order or final decree of a High Court of a Province without any such certificate as aforesaid, but no appeal shall lie under any such Act unless the   amount or value of the subject-matter of the dispute in the Court of first  instance  and  still  in dispute on appeal was and is not less than one lac of rupees, or the judgment, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value, or the Supreme Court gives special leave to appeal.

Form of Judgement on appeal.

COH.48

Document Name > Paragraph Number

47. (1) The Supreme Court shall, where, it allows an appeal, remit the case to the Court from which the appeal was brought with a declaration as to the judgment, decree or order which is to be substituted for the judgment, decree or order appealed against, and the Court from which the appeal was brought shall give effect to the decision of the Supreme Court.

(2) Where the Supreme Court upon any appeal makes any order as to the costs of the proceedings in the Supreme Court, it shall, as soon as the amount of the costs to be paid is ascertained, transmit its order for the payment of that sum to the Court from which the appeal was brought and that Court shall give effect to that order.

(3) The Supreme Court may, subject to such terms or conditions as it may think fit to impose, order a stay of execution in any case under appeal to the Court, pending the hearing of the appeal, and execution shall be stayed accordingly.

Enforcement of decrees & orders of Supreme Court.

COH.49

Document Name > Paragraph Number

48. (1) All authorities, civil and judicial throughout the Hindusthan Free State, shall act in aid of the Supreme Court.

(2) The Supreme Court shall have power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of  any contempt of Court which any Provincial High Court has power to make as respects the territory within its jurisdiction, and any such orders, and any orders of the Supreme Court as to the costs of and incidental to any proceedings therein shall be enforceable by all courts and authorities in every part of the Hindusthan Free State as if they were orders duly made by the High Court exercising civil or criminal jurisdiction, as the case may be, in that part.

Law declared by Supreme Court to be Binding on all Courts.

COH.50

Document Name > Paragraph Number

49. The law declared by the Supreme Court shall, so far as applicable,  be recognized as  binding  on,  and  be binding on, and shall be followed by, al1  Courts in the Hindusthan Free  State,  and so far as respects the application and interpretation of this Act or any Order in Council made thereunder or any matter with respect to which the Federal Legislature has power to make laws in relation to the State, in the Provinces.

Rule Making Power of the Supreme Court.

COH.51

Document Name > Paragraph Number

50. (1) The Supreme Court may from time to time, with the approval of the President in his discretion, make rules of Court for regulating generally the practice and procedure of .the Court, including rules as to the persons practicing before the Court, as to the time within which appeals to   the   court   are   to be entered,  as  to the  costs  of  and incidental to any proceedings in  the  Court,  and  as  to the fees to be charged in respect of proceedings therein, and in particular may make rules providing for the summary determination of any appeal which appears to the Court to be frivolous or vexatious or brought for the purpose of delay.

(2) Rules made under this section may fit the minimum number of Judges who are to sit for any purpose so however that no case shall be decided by less than three Judges.

(3) Subject to the provisions of any rule Court, the Chief Justice shall determine what judges are to sit for any purpose or the Court and what judges are to sit for any purpose.

(4) No judgment shall be delivered by the Supreme Court save in open Court and with the concurrence of a majority of the judges present at the hearing of the case, but nothing in this sub-section shall be deemed to prevent a Judge ii ho docs do not concur from delivering a dissenting judgment.

Ancillary Powers of Supreme Court.

COH.52

Document Name > Paragraph Number

51. The Federal Legislature may make provision by Act for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Act as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or under this Act.

Independence of Supreme Court.

COH.53

Document Name > Paragraph Number

52. All judges shall be independent in the exercise of their functions and subject only to the constitution and Independence of the law. A Judge shall not be eligible to sit in any Chamber and shall not hold any other office or position of emolument.

CHAPTER VI.

Attorney-General

Attorney-General.

COH.54

Document Name > Paragraph Number

53. (1) The President shall, in consultation with the Council of Ministers, appoint an Attorney- General for the Federal Government on such remuneration and for such period as the President may, in his discretion, determine.

(2) The Attorney-General shall exercise such powers and discharge such duties as may be determined by law in that behalf.

CHAPTER VII.

Legislative Powers of President.

Powers of President to Promulgate Ordinances.

COH.55

Document Name > Paragraph Number

54. (1) If at any time the President is  satisfied that circumstances exist which render it necessary for him to take  immediate   action for maintaining the peace, order and good government of the State, or for enabling him satisfactorily to discharge his functions under this Act, he may, in consultation with the Council of Ministers, promulgate such ordinances  as the circumstances  appear  to him to require.

(2) An ordinance promulgated under this section shall have the same force and effect as an Act of the Federal Legislature assented to by the President, but every such ordinance shall be laid before the Federal Legislature and  shall  cease to operate if resolutions disapproving it are passed by both Chambers, upon  the  passing of the second of those resolutions.

(3) An ordinance not disapproved by both Chambers shall continue in operation for such period not exceeding six months as may be specified therein but may by a subsequent ordinance be extended for a further period not exceeding six months.  An ordinance   not so disapproved or so continued shall have the same force and effect as an Act of   the Federal Legislature assented to by the President.

(4) If and so far as an ordinance under this section makes any provision which the Federal Legislature would not under this Act be competent to enact, it shall be void.

CHAPTER VIII.

The Initiative, Referendum, & Recall.

Initiative.

COH.56

Document Name > Paragraph Number

55. (1) The Federal Legislature may provide for the Initiation by the people of proposals for Iaws or constitutional amendments. Should the Federal Legislature fail to make such provision within two years, it shall, on the petition of not less than-_ -voters on the Register, of whom not more than ---shall be voters in any one province, either make such provisions or submit the question to the people for decision in accordance with the ordinary regulations governing Referendum. ·(1) Any legislation passed by the Federal Legislature providing for such initiation by the people, shall provide, (I) that such proposals may 'be initiated on a petition of ---·voters on the register;

(2) that if the Federal Legislature rejects a proposal so initiated it shall be submitted to the people for decision in accordance with the ordinary regulations governing the Referendum; and (3) that if the Federal Legislature enacts the proposal so initiated, such enactment shall be subject to the provisions respecting ordinary legislation or amendments of the Constitution as the case may be.

Referendum.

COH.57

Document Name > Paragraph Number

56. (1) Any bill passed or deemed to have been passed by both the· Chambers may be suspended for a period of ninety days on the written demand of two-fifths of the members of the House of Representatives or of a majority of the members of the Senate presented to the President not later than days from the day on which such bill shall have been so passed or deemed to have been so passed.

(2.) Such a bill shall in accordance with rules to be made by the Federal Legislature be submitted by Referendum to the decision of the people if demanded before the expiration of the ninety days either by the resolution assented to by three-fifths of the members of the Senate or of the House of Representatives, or by a petition signed by not less than one-tenth of the voters then on the register of voters, and the decision of the people by majority of the votes recorded on such referendum shall be conclusive.

(3) These provisions shall not apply to money bills or to such bills as shall be declared by both Chambers to be necessary for the immediate preservation of the public peace, health or safety.

Recall.

COH.58

Document Name > Paragraph Number

57. A petition made to the President by not less than one-tenth of the voters then on the register of voters of a constituency to recall its representative shall, in accordance with rules to be made by the Federal Legislature in that behalf, be submitted by referendum to the decision of the voters of the said constituency, and the decision of the voters by a majority of the votes recorded on such referendum shall be conclusive, and the representative shall cease to be the representative of such constituency from the date of the proclamation of the decision.

CHAPTER IX.

Amendment of Constitution.

COH.59

Document Name > Paragraph Number

58. Amendments of this Constitution may be made by the Federal Legislature, but no such amendment, passed by both Chambers thereof, after the expiration of a period of years from the date of the coming into operation of this Constitution shall become law, unless the same shall after it has been passed or deemed to have been passed by the said two Chambers have been submitted to a Referendum of the people, and unless a majority of the voters on the register shall have recorded their votes on such Referendum and either the votes of a majority of the voters on the register, or two-thirds of the votes recorded, shall have been cast in favour ·of such amendment. Any such amendment may he made ·within the said period of years by way of ordinary legislation and as such shall be subject to the provisions in that behalf.

CHAPTER X.

Property, Revenue and Finance.

Property.

COH.60

Document Name > Paragraph Number

59. All property vested in, or arising or accruing from property or rights vested in, His Majesty the King of England or the Secretary of State for India in Council under the Government of India Acts, 1858, 1915, 1919 and 1935 shall vest in the Hindusthan Free State.

Revenues.

COH.61

Document Name > Paragraph Number

60. (1) The revenues of Hindusthan shall vest in the Hindusthan Free State and shall, subject to the provisions of this Act, be applied for the purposes of the Hindusthan Free State alone.

(2) The expression "revenues of Hindusthan" in this Act shall include (a) all the territorial and other revenues of or arising in Hindusthan, and in particular, (b) all fines and penalties incurred by the sentence or order of any court of justice· in Hindusthan, and all forfeitures for crimes of any movable or immovable property in Hindusthan and (c) all movable or inmovable property in Hindusthan eschcating or lapsing for want of an heir or successor and all property in Hindusthan devolving as bona vacantia for want of a rightful owner.

Finance.

COH.62

Document Name > Paragraph Number

61. As soon as may be after the establishment of the Federation, the Council of Ministers with the approval of the two Chambers of the Federal Legislature shall appoint a Commssion consisting of one representative from each of the first fifteen Provinces mentioned in section 4 of this Act and not less than one-third of the total number of the members of the Commission as representing the Indian States and presided over by an officer of the Federal Government to enquire into, in conformity with the principles of this Constitution and with the assistance of a committee or committees as it may consider desirable to appoint -

(1) (a) the sources of revenue which may be assigned to the Federal Government and to the Provincial Governments with due regard to the efficient administration and development of the services of subjects under their control,

(b) the financial relations which should exist between the Federal and the Provincial Governments, and

(c) means to be adopted for giving effect to such relations.

(2) The Commission shall report to the Council of Ministers, who shall place the report with their recommendations before the Federal Legislature for such legislation or other action as it shall deem fit.

CHAPTER XI.

The Civil and Army Services.

Civil Services.

COH.63

Document Name > Paragraph Number

62. (1) As soon as may be after the establishment of the Federation, the Council of Ministers shall appoint a Public Service Commission to recommend such reorganisation and readjustment of the departments of the public service as may be necessary.

(2) The Federal Legislature may make laws for regulating the classification of the Civil Services, the sources and methods of their recruitment, the conditions of service, pay and allowances and discipline and conduct. The said Legislature may, to such extent and in respect of such matters as it may prescribe, delegate the power of making rules to Provincial Governments.

(3) The Council of Ministers shall appoint a Permanent Public Service Commission with such powers and duties relating to the recruitment, appointment, discipline·, retentive, retirement and super-annuation of public officers as the Federal Legislature shall determine.

(4) Members of such Commission shall hold office for five years from the date of appointment.

The Army Services.

COH.64

Document Name > Paragraph Number

All officers, British and Hindusthani, serving in the army, navy, marine, or air force at the commencement of this constitution, shall retain all their existing rights as to salaries, allowances or pensions provided they take oath to be loyal to the Federation, or shall receive such compensation for the loss of any of them as the Council of Ministers may consider just and equitable, or as they would have received in like circumstances if the Federation had not been established.

CHAPTER XII.

Defence.

Committee of Defence.

COH.65

Document Name > Paragraph Number

63. (1) The Federal Legislature shall appoint a Committee of Defence consisting of (I) Prime Minister, (2) the Minister for Defence (3) the Minister for Foreign Affairs, (4) the Commander- in-Chief, (5) the Commander of the Air Forces, (6) the Commander of the Naval Forces, (7) the Chief of the General Staff and two other experts.

(2) The Prime Minister shall be the Chairman of this Committee.

(3) Such Committee shall advise the Federal Legislature as to the sources and methods of recruitment, the conditions of service, pay, allowances, and discipline, conduct and such other matters as appertain to the Army, Navy and Air Force. It shall also advise the said Legislature in matters of the prevention of aggression on Hindustan by land, air or sea, and the maintenance of peace and order within.

(4) Insofar as it is practicable, and consistently with the effective defence of Hindusthan the said Committee shall take steps to select, appoint and train recruits from all parts of Hindusthan in order to give them adequate representation in the command and rank and file of the Army, Navy, and Air force.

(5) The Committee shall also advise as to the establishment of the requisite number of schools and colleges for military instruction and training of officers for the land, naval and air forces of the Hindusthan Free State.

Committee of Military Equipment.

COH.66

Document Name > Paragraph Number

64. As soon as may be after the establishment of the Federation the Council of Ministers shall appoint a committee called the Committee of Military Equipment consisting of (I) the Prime Minister, (2) the Minister for Defence, (3) the Commander-in-chief, (4) the Commander of Air forces, (5) the Commander of the Naval forces and four industrial experts to advise the Federal Government in the matter of the establishment by the Federal Government itself of industries necessary for the manufacture of the requisite implements of war and war material.

CHAPTER XIII.

Distribution, Redistribution and Separation of Provinces.

Distribution of Territories of States into Provinces & Separation and Re-distribution of Existing Provinces.

COH.67

Document Name > Paragraph Number

65. (1) As soon as may be after the establishment of the Federation the Council of Ministers with the approval of the two Chambers of the Federal Legislature shall appoint a Commission consisting of one representative from each of the first fifteen Provinces mentioned in section 4 of this Act and not less than one-third of the total number of the members of the Commission as representing the Indian States and presided over_ by an officer of the Federal Government to enquire into, in conformity with the principles of this Constitution and with the assistance of a committee or committees as it may consider desirable to appoint, and subject to financial and administrative considerations-

a) the number of provinces· into which the territories at present under the rule of the Indian Princes shall be distributed

b) the separation of an existing province into two or more;

c) the amalgamation of two or more provinces into one;

d) the re-settlement of the boundaries of the existing provinces ;

e) the re-distribution of the existing provinces on a linguistic basis on the demand of the majority of the population of the area concerned. '

(2) The said Commission shall report to the Council of Ministers, who shall place the report of the Commission together with their recommendations.

PART IV.

CHAPTER I

The Provincial Legislature.

General.

Vesting of Legislative Powers

COH.67

Document Name > Paragraph Number

66. (1) The legislative power of a Province shall be vested in the Governor and two Chambers to be known as the Legislative Council and the Legislative Assembly.

(2) The Provincial Legislature shall have power to make laws for the peace, order and good government of its province in relation to matters coming in the class of subjects by Schedule- to this act assigned to the Provincial Legislatures.

(3) The Provincial Legislature may repeal or alter as to that Province any law relating to a provincial subject after this Act comes into operation.

Election of Governor.

COH.69

Document Name > Paragraph Number

67. There shall be a Governor for each Province who shall be elected by all the voters of the Legislative Assembly and his term of office shall be six years from the date he takes office.

Constitution of Provincial Legislatures.

COH.70

Document Name > Paragraph Number

68. (1) There shall be one member of the Legislative Assembly for every one lac of the population of a Province provided that in Provinces with a population of less than ten million there may be a maximum of hundred members.

(2) There shall, for every Province, be a Legislative Council consisting of not more than one- half of the total membership of the Legislative Assembly of the said Province.

Franchise.

COH.71

Document Name > Paragraph Number

69. (1) Every person of either sex who has attained the age of twenty-one and not disqualified by law shall be entitled to vote at elections of the Legislative Assembly.

(2) The election of the Legislative Council shall be on the vocational basis representing agriculture, labour, industry, trade and commerce, education, law, medicine, science and engineering by constituencies as determined by law. The election shall be by the method of proportional representation with single transferable vote.

Qualifications for Membership.

COH.72

Document Name > Paragraph Number

70. (1) No one can be a member of the Legislative Council and Legislative Assembly unless he has completed the age of thirty and twenty-five respectively at the date of his candidature.

(2) The provisions of sections 10 and 11 in respect of a person being disqualified for being chosen as, and for being a member of, Federal Legislatures and for penalty for sitting or voting shall apply mutatis mutandis to a candidate for membership of a Provincial Legislative Assembly or Legislative Council.

Constituency.

COH.73

Document Name > Paragraph Number

71. No constituency in a Province shall be a single-member constituency.

Life of Provincial Legislature.

COH.74

Document Name > Paragraph Number

72. (I) Every Legislative Assembly of every Province unless sooner dissolved, shall continue for five years from the date appointed for their first meeting and no longer, and the expiration of the said period of five years shall operate as a dissolution of the Assembly.

(2) Every Legislative Council shall be a permanent body not subject to dissolution, but as near as may be one-third of the members thereof shall retire in every third year as determined by law, in that behalf.

Provisions as to Members of Legislature.

Oath of Members.

COH.75

Document Name > Paragraph Number

73. Every member of a Provincial Legislative Assembly and Legislative Council shall, before taking his seat, make and subscribe before the Governor or someone appointed by him, an oath according to that one of the forms set out in the Schedule to this Act which the member accepts as appropriate in his case.

Vacation of Seats.

COH.76

Document Name > Paragraph Number

74. (1) No person shall be a member of both Chambers of a Provincial Legislature, and a person who has been elected as a member of both Chambers shall be deemed to have vacated the seat to which he was first elected.

(2) No person shall be a member both of the Federal Legislature and of a Provincial Legislature and if a person is chosen a member of both such Legislatures, then, at the expiration of such period as may be prescribed by rules made in that behalf, that person’s seat in the Provincial Legislature shall become vacant, unless he has previously resigned his seat in the Federal Legislature.

(3) If a member of either Chamber -

(a) becomes subject to any of the disqualifications mentioned in sub-section (1) of section 10, or

(b) by writing under his hand addressed to the Governor resigns his seat, or

(c) if for sixty days a member of either Chamber absents himself from the meetings of His Chamber without the Speaker's or in his absence the Deputy Speaker's permission, his seat shall, thereupon, become vacant.

Provided that in computing the said period of sixty days, no account shall be taken of any· period during which the Chamber is prorogued, or is adjourned for more than four consecutive days.

(4) The vacancy created for any of the foregoing reasons shall be filled by election in a manner to be determined by law.

Chambers to Act Notwithstanding Vacancies.

COH.77

Document Name > Paragraph Number

75. A Chamber of a Provincial Legislature shall have power to act notwithstanding any vacancy in the membership thereof and any proceedings in a Provincial Legislature shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do, sat or voted or otherwise took part in the proceedings.

Quorum.

COH.78

Document Name > Paragraph Number

76. If at any time during a meeting of a Provincial Legislature less than one-sixth of the total number of members of the Chamber are present; it shall be the duty of the Speaker or person acting as such of the said Chamber either to adjourn the Chamber, or to suspend the meeting until at least one-sixth of the members are present.

Privileges of Members.

COH.79

Document Name > Paragraph Number

77. Subject to the provisions of this Act and to the rules and standing orders regulating the procedure of the Provincial Legislatures--section 14 of this Act shall apply mutatis mutandis to the members of the Provincial Legislature in respect of privileges etc. of members.

Salaries and Allowances of Members.

COH.80

Document Name > Paragraph Number

78. Members of both the Chambers shall be entitled to receive such salaries and allowances as may from time to time be determined by an Act of the Provincial Legislative Assembly.

Sessions of Provincial Legislatures.

Sessions of the Legislature, Prorogation & Dissolution.

COH.81

Document Name > Paragraph Number

79. (1) The Chambers shall be summoned by the Governor to meet for their first session on such day as he may specify in that behalf but such day shall not be later than days afterhis election.

(2) The Chambers of the Provincial Legislature shall be summoned to meet once at least in every year; and twelve months and not intervene between their last sitting in one session and the date appointed for their first sitting in the next session.

(3) Subject to the provisions of this section, the Governor may in his discretion from time to time,

(a) summon the Chambers or either Chamber to meet at such time and place as he thinks fit;

(b) prorogue the Chambers;

(c) dissolve the Legislative Assembly.

(4)  After the dissolution of the Legislative Assembly the Governor shall appoint a date not more than six months after the date of the dissolution for the next session of the Assembly.

(5)  The sittings of each Chamber shall be public. In cases of emergency either Chamber may hold a private sitting with the assent of its presiding member.

Governor’s Right to Address and Send Messages to the Chambers.

COH.82

Document Name > Paragraph Number

80. (1) The Governor may in his discretion address either Chamber of the Provincial Legislature or both Chambers assembled together, and may for that purpose require the attendance of members. '

(2) The Governor may, in his discretion, send messages to the Chamber or Chambers of the Provincial Legislature, whether with respect to a Bill then pending in the Legislature or otherwise, and Chamber or Chambers to whom any message is so sent shall with all convenient dispatch consider any matter they are required by the message to take into consideration.

Officers of Chambers.

COH.83

Document Name > Paragraph Number

81. (1) Each Chamber shall as soon as may elect two of its members to be respectively the Speaker and the Deputy Speaker therefore, and so often as the office of the Speaker or the Deputy Speaker becomes vacant, the Chamber concerned shall elect another member to be the Speaker or Deputy Speaker, as the case maybe.

(2) A member holding office as the Speaker or Deputy Speaker of his Chamber shall vacate his office-

(a) if he ceases to be a member of his Chamber; or

(b) if he resigns his office by -writing under his hand addressed to the Governor; or

(c) if he is removed from his office by a resolution passed by a majority of all the then members of his Chamber; but no resolution for this purpose shall be moved unless at least fourteen days notice has been given of the intention to move the resolution.

(3) The Speaker shall preside over the sittings of his Chamber and perform all other duties of his office and in his absence the Deputy Speaker shall do so; in the absence of both, the Chamber shall elect its own Speaker for the time being from among its members.

(4) The Speaker and the Deputy Speaker of each Chamber shall be paid such salaries as may be respectively fixed by an Act of the Provincial Legislative Assembly.

Voting.

COH.84

Document Name > Paragraph Number

82. (1) All matters at any sitting or joint sitting of the Chambers shall, save as otherwise provided by this Act, be determined by a majority of votes of the members present and voting.

(2) The Speaker or the Deputy Speaker or any other person performing the duties of the Speaker shall not vote in the first instance but shall have and exercise a casting vote in case of an equality of votes.

Right to Audience.

COH.85

Document Name > Paragraph Number

83. Every Minister and the Advocate General shall have the right to speak in, and otherwise to take part in the proceedings of, either Chamber, any joint sitting of the Chambers, and any Committees of the Legislatures of which he may be named a member, but shall not by virtue of this section be entitled to vote.

Language.

COH.86

Document Name > Paragraph Number

84. (1) All proceedings in a Provincial Legislature shall be conducted in the principal language or languages of that Province or in the Hindi or in the English Language.

(2) The principal language or languages of a Province shall be the official language or languages of that province.

Annual Financial Statement.

Annual Financial Statement.

COH.87

Document Name > Paragraph Number

85. (1) The Governor shall in respect of every financial year cause to be laid before both Chambers of the Provincial Legislature a statement of the estimated receipts and expenditure of that year called the " annual financial statement. "

(2)   Such statement shall be so placed by a member of the Council of Ministers.

(3)   The estimates of expenditure embodied in the annual financial statement shall be submitted in the form of demands for grants to the Legislative Assembly, and thereafter to the Legislative Council ; and either Chamber shall have power to assent or refuse to assent to any demand, or to assent to any demand subject to a reduction of the amounts specified therein.

(4)   If the Chambers differ with respect to any demand, the Governor shall summon the two Chambers to meet in a joint sitting for the purpose of deliberating and voting on the demand as to which they disagree, and the decision of the majority of the members of both Chambers present and voting shall be deemed to be the decision of the two Chambers.

Supplementary Grant.

COH.88

Document Name > Paragraph Number

86. If in respect of any financial year further expenditure from the revenues of the Province becomes necessary over and above the expenditure therefore authorised for that year, the Governor shall cause to be laid before both Chambers of the Provincial Legislature a supplementary statement showing the estimated amount of that expenditure and the provisions of the proceeding sub-sections (2),(3) and (4) of Section 85 shall have effect in relation to that statement and that expenditure as they have effect in relation to the annual financial statement and the expenditure.

Authentication of authorized grants.

COH.89

Document Name > Paragraph Number

87. (1) The Governor shall authenticate by his signature a Schedule specifying the of grants authorised by the two Chambers of the Provincial Legislature under sections 85 and 86.

(2) No expenditure from the revenues of the Province shall be deemed to be duly authorised unless it is specified in the Schedule so authenticated.

Legislative Procedure.

Money Bill.

COH.90

Document Name > Paragraph Number

88. A money bill shall mean and include all that is defined in section 25 of the Act.

The Speaker’s Certificate.

COH.91

Document Name > Paragraph Number

89. The Speaker or in his absence the Deputy Speaker of the Legislative Assembly shall certify a bill which in his opinion is a money bill to be a money bill, and such certificate shall be final and conclusive.

Provided that, if before the expiration of days from the day on which a bill so certified is sent by the Legislative Assembly to the Legislative Council for its consideration, two-fifths of the members of either Chamber by a notice in writing addressed to the Speaker or in his absence to the Deputy Speaker of the Chamber of which they are members so require, or a majority of the members of the Legislative Council present and voting at a sitting of the Council at which not less than      members are present so resolve, the question whether a bill is a money bill or is not so shall be forthwith referred to the Chief Justice of the Supreme Court and his decision shall be final and conclusive.

Originating Chamber.

COH.92

Document Name > Paragraph Number

90. (1) A money bill shall be introduced only by a member of the Council of Ministers and shall only originate in the Legislative Assembly.

(2) Any other bill may be initiated in either Chamber of the Provincial Legislature, and if passed by the originating Chamber, shall be introduced in the other Chamber for being passed.

Passing of Money Bill.

COH.93

Document Name > Paragraph Number

91. A money bill passed by the Legislative Assembly shall be transmitted to the Legislative Council for its recommendations and it shall be returned not later than days there from to the Legislative Assembly which may pass "it, accepting or rejecting all or any of the recommendations of the Legislative Council ; and the bill so passed shall be deemed to have been passed by both Chambers.

Passing of Other Bills.

COH.94

Document Name > Paragraph Number

92. (1) A bill other than a money bill shall not be deemed to have been passed by the Provincial Legislature unless it has been agreed to by both Chambers, either without amendments or with such amendments only as may be agreed to by both Chambers.

(2) If any bill which has been passed by one Chamber is not, within six months after the passage of the bill by that Chamber, passed by the other Chamber, either without amendments or with such amendments as may be agreed to by both Chambers, the Governor shall, on resolution passed by either Chamber to that effect, refer the bill for decision to a joint sitting of both Chambers. The members present at such joint sitting shall vote together upon the bill and amendments, if any, as last proposed by the Legislative Assembly ; and the bill and such amendments as are affirmed by a majority of the total number of members of the two Chambers present at such joint sitting shall be taken to have been duly passed by both Chambers of the Provincial Legislature.

Governor’s Assent to Bills Otherwise.

COH.95

Document Name > Paragraph Number

93. (I) So soon as any bill shall have been passed by both Chambers it shall be presented to the Governor for the signification of his assent, and he may signify such assent or withhold the same.

(2)   A bill passed by both Chambers shall become an Act if the Governor signifies his assent thereto, and that assent has been published by him.

(3)   In case where the Governor withholds his assent to a bill passed by both Chambers, he shall return the bill for reconsideration with his own recommendations thereto.

(4)   A bill so returned shall be further considered by both Chambers together with the recommendations made by the Governor, and if it is reaffirmed with or without amendments by both Chambers, it shall be deemed to have been assented to by the Governor, but it shall not become an Act unless and until the President of the; Hindusthan Free State has assented thereto and that assent has been signified by the President to and published by the Governor.

CHAPTER II.

The Provincial Executive.

Governor – Executive Authority.

COH.96

Document Name > Paragraph Number

94. The executive authority of a Province shall be vested in the Governor and shall be exercisable by him in accordance with law, practice and constitutional usage.

Council of Ministers.

COH.97

Document Name > Paragraph Number

95. (I) There shall be a Council of Ministers to aid and advise the Governor in the government of the Province. The Council of Ministers shall be responsible to the Legislative Assembly and shall consist of not less than six ministers of whom one to be called the Prime Minister shall be appointed by the Governor on the advice of the leader of the majority party, in the Legislative Assembly. The Prime Minister shall nominate and appoint other ministers, who along with himself shall be members either of the Legislative Assembly or of the Legislative Council.

(2) The Council of Ministers shall be collectively responsible to the Legislative Assembly for all matters concerning the departments of the Province administered by them and generally for all advice tendered to the Governor.

(3) The Ministers shall receive such remuneration as may from time to time be prescribed by law, but the remuneration of any Minister shall not be diminished during his term of office.

Governor’s Powers.

COH.98

Document Name > Paragraph Number

96. (1) The Governor shall take care that the laws are faithfully executed. He shall commission all officers of the Province. He may at any time require information in writing or otherwise, from the officers of the executive department, upon any subject relating to their respective offices.

(2) He shall have 'power to grant reprieves, commutations and pardons after conviction for all offences, subject to such regulations as may be provided by law relative to the manner of applying therefore.

(3) He and all civil officers except such inferior officers as may by law be exempted, shall, before entering on the duties of their respect tive offices, take and subscribe the following oath or affirmation :-

I do solemnly swear/affirm that I will support and defend the Constitution of the Hindusthan Free State and that I will faithfully discharge the duties of the office of  to the best of my ability.

Governor’s Resignation, Etc.

COH.99

Document Name > Paragraph Number

97. In case of resignation, death, impeachment, or other disability of the Governor, the powers and duties of the office shall devolve upon the presiding officer of the Legislative Assembly until the disability be removed, or until a new Governor is elected.

Salary, Official Residence and Establishment of Governor.

COH.100

Document Name > Paragraph Number

98. The salary of the Governor shall be fixed by the Legislative Assembly in keeping with the dignity position and status of his office and shall be charged on the revenues of the Province. Suitable provisions shall also be made out of those revenues for the maintenance of his official residence and establishment.

Removal & Retirement of Governor.

COH.101

Document Name > Paragraph Number

99. The Legislative Assembly and the Legislative Council may upon due notice and opportunity for defence given, remove or retire the Governor from office upon a resolution passed by three-fourths of all the members elected to the two Chambers in a joint sitting and voting.

CHAPTER III.

Provincial Audit and Accounts.

Provincial Auditor.

COH.102

Document Name > Paragraph Number

100.(1) The Governor, in consultation with the Council of Ministers, shall appoint a Provincial Auditor to act on behalf of the Province. He shall control all disbursements and shall audit all accounts of moneys administered by or under the authority of the Governor and the Council of Ministers, and shall report to both Chambers of the Provincial Legislature at stated periods and shall perform other duties as determined by law.

(2) The Provincial Auditor shall be removed from office in like manner and on the like grounds as a Judge· of the High Court, subject to this provision, that the terms and conditions of his tenure of office shall he fixed by law. He shall not be a member of the Provincial Legislature nor shall he hold any other office or position of emolument.

(3) The salary, allowances and pension payable to the Auditor-General and the members of his staff shall be charged on the revenues of the Province.

CHAPTER IV.

Provincial Judiciary.

Establishment and Constitution of High Courts.

COH.103

Document Name > Paragraph Number

101. (1) The Highest Judicial power of a Province shall be exercised by a High Court which shall be a Court of record and High Courts shall consist of a Chief Justice and such other Judges as the Governor may deem necessary to appoint.

(2)Every judge of the High Court whether permanent or temporary shall be appointed by the Governor in consultation with the Council of Ministers and the Provincial Bar Association, if any, and shall hold office until he attains the age of sixty years.

Provided that-

(a) A Judge may by resignation under his hand addressed to the Governor resign his office ; or

(b) A Judge may be removed from his office by the Governor on the ground of misbehaviour or of infirmity of mind or body.

(3) A person shall not be qualified for appointment as a Judge of the High Court unless he

(a) has been for at least five years a Judge of a High Court, or

{b) is a barrister, an advocate or a pleader of at least ten years' standing actively working as such in any High Court or District Court.

- Provided that a person shall not be qualified for appointment as Chief Justice unless he is, or when first appointed to a judicial office was, a Barrister or an Advocate or a Pleader of at least ten years' standing.

In computing for the purposes of this sub-section the standing of a barrister, or an advocate or a pleader, any period during which a person has held judicial office after he became a barrister, an advocate or a pleader, as the case may be, shall be included.

(4) Every person appointed to be a Judge of the High Court, shall, before he enters upon his office make and subscribe before the Governor or some person appointed by him an oath according to the form set in section 36, sub-section (3) of the Act.

(5) The Judges of the High Court shall be entitled to such salaries and allowances, including allowances for expenses in respect of equipment and travelling upon appointment, and to such rights in respect of leave and pension as may from time to time be fixed by an Act of the Provincial Legislature.

(6) If the office of the Chief Justice becomes vacant or if the Chief Justice is, by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some person appointed by the Governor to the vacant office has entered on the duties thereof, or until the Chief Justice has resumed his duties, as the case may be, be performed by such one of the other judges of the High Court as the Governor may in his discretion appoint for the purpose.

(7) The High Court shall sit in the capital city of the Province or at such other place or places, if any, as the Chief Justice may with the approval of the Governor from time to time appoint.

Jurisdiction of High Court.

COH.104

Document Name > Paragraph Number

102. Subject to the provisions of this Act and of Jurisdiction of any standing order made under this or any other Act, High Court.

(1) A High Court shall have all the jurisdiction and powers of an existing High Court in the Province concerned;

(2) it shall have power of superintendence and administrative control over all the Courts in the Province for the time being subject to its appellate jurisdiction ; and

(3) it shall have, on the application of the Advocate-General for the Province, the power to transfer to itself for trial a case pending in an inferior Court, which involves or is likely to involve the question of the validity or interpretation of any Provincial Act.

Independence of High Court.

COH.105

Document Name > Paragraph Number

103. All Judges shall be independent in the exercise of their functions and subject only to the constitution and the law. A judge shall not be eligible to sit in any Chamber and shall not hold any other office or position of emolument.

CHAPTER V.

Legislative Powers of the Governor.

Power of Governor to Promulgate Ordinances.

COH.106

Document Name > Paragraph Number

104. (1) If at any time the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action for maintaining the peace, order and good government of the Province, or for enabling him satisfactorily to discharge his functions under this Act, he may, in consultation with the Council of Ministers, promulgate such ordinances as the circumstances require. "'

(2) An ordinance promulgated under this section shall have the same force and effect as an Act of the Provincial Legislature assented to by the Governor, but every such ordinance shall be laid before the Provincial Legislature and shall cease to operate if resolutions disapproving it are passed by both Chambers, upon the passing of the second of those resolutions.

(3) An ordinance not disapproved by both Chambers shall continue in operation for such - period not exceeding six months as may be specified therein, but may by subsequent ordinance be extended for a further period not exceeding six months. An ordinance not so disapproved or so continued shall have the same force and effect as an Act of the Provincial Legislature assented to by the Governor.

(4) If and so far as an ordinance under this section makes any provision which the Provincial Legislature would not under this Act be competent to enact, it shall be void.

CHAPTER VI.

The Initiative, Referendum and Recall.

COH.107

Document Name > Paragraph Number

105. The provisions of Sections 55, 56 and 57 of this Act shall apply mutatis mutandis to all the Provinces.

CHAPTER VII.

Advocate-General.

COH.108

Document Name > Paragraph Number

106. (1) The Governor shall, in consultation with the Council of Ministers, appoint an Advocate General for the Provincial Government on such remuneration and for such period as the Governor may in his discretion determine.

(2) The Advocate-General shall exercise such powers and discharge such duties as may be determined by law in that behalf.

PART V.

Transitional Provisions.

Continuance of Laws.

COH.109

Document Name > Paragraph Number

107. Subject to this Constitution and to the extent to which they are not inconsistent therewith, the laws in force in the Hindusthan Free State at the date of the coming into operation of this Constitution shall continue to be of full force and effect, until the same or any of them shall have been repealed or amended by enactments of the Federal or Provincial Legislatures.

Provision of Liability to Pay Taxes and Duties.

COH.110

Document Name > Paragraph Number

108. Nothing in this Constitution shall affect any Provision of liability to pay any tax or duty payable in respect of liability to pay the financial year current at the date of the coming into operation of this Constitution, or any preceding financial year, or in respect of any period ending on or before the last day of the said current financial year, or payable on any occasion happening within that or any preceding year, or the amount of such liability; and during the said current financial year, all taxes and duties and arrears thereof shall continue to be assessed, levied and collected in like manner, in all respects as immediately before this Constitution came into operation subject to the like adjustments of the proceeds collected as were thereto- fore applicable ; ·and· for that purpose the Provisional Government shall have all the powers necessary and ancillary. The Provisional Government shall be elected by the Constituent Assembly.

Continuance of Existing Courts.

COH.111

Document Name > Paragraph Number

109. Until Courts have been established for the Hindusthan Free State in accordance with this Constitution, all the Courts in Hindusthan, as at present existing, shall for the time being continue· to exercise the same jurisdiction as heretofore and the same provision shall apply to all the judges and the judiciary in general.

Existing Officers to Continue.

COH.112

Document Name > Paragraph Number

110. Every existing officer of the Provisional Government at the date of the coming into operation of this Constitution shall on that date be transferred to and become an officer of the Hindusthan Free State and shall hold office by a tenure corresponding to his previous tenure.

Hindustan Free State to be successor of Provisional Government.

COH.113

Document Name > Paragraph Number

111. As regards departmental property, assets, rights and liabilities the Government of the Hindusthan Free State shall be regarded as the successor of the Provisional Government.

FEDERAL LEGISLATIVE LIST.

COH.114

Document Name > Paragraph Number

1. External affairs ; the implementing of treaties and agreement with other countries ; extradition, including surrender of criminaIs and accused persons to parts outside the province of the Hindusthan Free State.

2. Admission into, and emigration and expulsion from, Hindusthan including in relation thereto the regulation of the movements in Hindusthan of persons who are not British subjects domiciled in Hindusthan.

3· Naturalisation.

4· Migration within Hindusthan from or into a Governor’s Province.

5· Naval, military and air force works ; local self-government in cantonment areas, the regulation of house accommodation in such areas, and the delimitation of such areas.

6. The defence of Hindusthan and all matters connected with the naval, military and air forces of the Hindusthan free State, including militia; marine service and any other force raised in Hindusthan other than military and armed police wholly maintained by the Provincial Government; naval and military works and cantonments; schools and colleges for military, naval and air training.

7· Petroleum and other liquids and substances declared by Federal law to be dangerously inflammable, so far as regards possession, storage and transport.

8. Arms ; firearms ; ammunition.

9· Explosives.

10. Shipping and navigation including shipping and navigation on such inland waterways as may be declared to be of national importance, harbours, major ports, light houses, beacons, lightships, buoys.

11. Port quarantine ; seamen's and marine hospitals, and hospitals connected with port quarantine

12. Major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of Port Authorities.

13. Lighthouses, including lightships, beacons and other provision for the safety of shipping and aircraft.

14· Maritime shipping and navigation including shipping and navigation on tidal waters ; Admiralty jurisdiction.

15. Import and export across customs frontiers as defined by the Federal Government.

16. Federal railways ; the regulation of all railways other than minor railways in respect of safety, minimum and maximum rates and fares, station and service terminal charges, inter-change of traffic and the responsibility of railway administrations as carriers of goods and passengers, the regulation of minor railways in respect of safety and the responsibility of the administration of such railways as carriers of goods and passengers,

17. Air-craft and air navigation; the "provision of aerodromes;" regulation and organisation of air traffic and of aerodromes.

18. Railways and roads of all Hindusthan and military importance.

19. Carriage of passengers and goods by sea or by air.

20. The Survey of Hindusthan, the Geological, Botanical and Zoological Surveys of Hindus than ; Federal meteorological organisations.

21. Census and statistics.

22. The Imperial Library, the Indian Museum, the Imperial War Museum, and the Victoria Memorial and any similar institution, controlled or financed by the Federation.

23. Federal agencies and institutes for the following purposes, that is to say, for research, for professional or technical training, or for the promotion of special studies.

24. The Benares Hindu University and the Aligarh Muslim University.

25. Posts and telegraphs, including telephones, wireless, broadcasting, and other like forms of communication ; Post Office Savings Bank.

26. Works, lands and buildings vested in, or in the possession of the Federation, but, as regards property situate in a Province, subject always to Provincial legislation, save in so far as Federal law otherwise provides.

27. Ancient and historical monuments; archaeological sites and remains.

28. Banking, that is to say, the conduct of banking business by corporations other than corporations owned or controlled by a province.

29. Corporations, that is to say, the incorporation, regulation and winding-up of trading corporations, including banking, insurance, and financial corporations, but not including. co-operative societies.

30. The law of insurance, and the regulation of the conduct of insurance business ; Government insurance, except so far as undertaken by virtue of any entry in the Provincial Legislative List or by a Province.

31. Currency, coinage and legal tender.

32. Public debt of the Federation.

33· Federal Public Services and Federal Public Service Commission.

34· Federal pensions, that is to say, pensions payable by the Federation or out of Federal revenues.

35· Cheques, bills of exchange, promissory notes and other like instruments.

36. Development of industries, where development under Federal control is declared by Federal law to be expedient in the public interest.

37. Regulation of labour and safety in mines and oilfields.

38. Regulation of mines and oilfields and mineral development to the extent to which such regulation and development under Federal control is declared by Federal law to be expedient in the public interest;

39· Trade and commerce with other countries and in Hindusthan arid the incorporation of trading, financial or foreign corporations in Hindusthan.

40. Elections to the Federal Legislature, subject to the provisions of this Act and of any Order made thereunder.

41. The salaries of the Federal Ministers, of the President, and of the Speaker, and Deputy Speaker; the salaries, allowances , and privileges of the members of the Federal Legislature.

42. Jurisdiction and powers of all courts, except the Supreme Court with respect to any of the matters in this list and to such extent as is expressly authorised by this Act, the enlargement of the appellate jurisdiction of the Supreme Court and the conferring thereon of supplemental powers ; the Supreme Court of lndia and Legislation relating to High Courts.

43· Civil law including laws regarding status, contract, property, civil rights and liabilities· and civil procedure.

44· Opium, so far as regards cultivation and manufacture or sale for export.

45· Criminal law including criminal procedure and extradition laws.

46. Offences against laws with respect to any other matters in this list.

47· Copy-right, inventions, designs, trademarks and merchandise marks.

48. State lotteries.

49 Salt.

50. Establishment of standards of weight.

51. Inquiries and statistics for the purposes of any of the matters in this list.

52. Bankruptcy and insolvency.

53· Legislation regarding marriage, divorce and matrimonial matters, parental rights, the custody and guardianship of infants, their status and age of majority.

54· Land acquisition by or for the purposes of the Hindusthan Free State.

55. Duties of customs including export duties.

56. Duties of excise on tobacco and other goods manufactured or produced in Hindusthan except:-

(a) Alcoholic liquors for human consumption ;

(b) Opium, Indian Hemp, other narcotic drugs and narcotics ; non-narcotic drugs ;

(c) Medicinal and toilet preparations containing alcohol or any substance included in sub- paragraph (b) of this entry.

57· Taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies; taxes on the capital of companies.

58. Duties in respect of succession to property other than agricultural land.

59· The rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, proxies and receipts.

6o. Terminal taxes on goods or passengers carried by railway or air ; taxes on railway fares and freights.

61. Fees in respect of any of the matters in this list, but not including fees taken in any Court.

62. Bounties on the production or export of goods and on tobacco.

63. Laws relating to registration of deed and documents.

64. Laws relating to registration of births, deaths and marriages.

65. The audit department of the Hindusthan Free State.

66. The seat of the Government of the Hindusthan Free State.

67. Inter-Provincial matters.

68. Medical qualifications and standard.

69. Territorial changes, other than intra-provincial and declaration of laws in connection therewith .

70. Legislation regarding forest.

71. Legislation relating to non-judicial stamps.

72. Fisheries in Hindusthan Waters beyond the three miles limit.

73· Stores and stationery of the Hindusthan Free State.

74· Central Publicity and Intelligence Department.

75· All property of the Hindusthan Free State.

76. Laws regarding referendum, initiation and recall.

77· Removal of prisoners and accused persons from one unit to another unit.

78. Evidence and oaths ; recognition of laws, public acts and records and judicial proceedings.

79· Adoption

8o. Wills, intestacy, and succession, save as regards agricultural land.

81. Transfer of property other than agricultural land

82. Trusts and trustees.

83. Contracts, including partnership, agency, contracts of carriage and other special forms of contract, but not including contracts relating to agricultural land.

84. Arbitration.

85. Administrators-general and official trustees

86. Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty.

87. Actionable wrongs, save in so far as included in laws with respect to any of the matters specified in Federal List and in Provincial Lists.

88. Jurisdiction and powers of all courts, except the Supreme Court with respect to any of the matters in this list

89. Legal, medical and other professions.

90. Newspapers, books and printing presses.

91. Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficients.

92. Poisons and dangerous drugs.

93· Mechanically propelled vehicles.

94· Boilers.

95. Prevention of cruelty to animals.

96. Criminal tribes.

97· Factories.

98. Welfare of labour; conditions of labour; provident funds; employers' liability and workmens compensation; health-insurance, including invalidity pensions, old age pension.

99· Old age pension.

100. Unemployment insurance.

101. Trade unions ; industrial and labour disputes,.

102. The prevention of the extension from one unit to another of infectious or contagious diseases or pests affecting men, animals or plants.

103. Electricity.

104. Shipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways ; carriage of passengers and goods on inland waterways.

105. The sanctioning of cinematograph films for exhibition.

106. Persons subjected to preventive detention under Federal Authority,

107. The punishment of persons who refuse to give evidence or produce documents before the President.

108. Corporation tax.

109. All matters mentioned in the constitution of the Hindusthan Free State which have not been specifically mentioned herein.

110. All matters that have not been specifically mentioned in the Provincial List.

PROVINCIAL LEGISLATIVE LIST.

COH.115

Document Name > Paragraph Number

(1) Public Order,. but not including the use of the naval, military; or air forces of the Hindusthan Free State in aid of the civil power ; the administration of justice ; constitution and organization of all courts, except the Supreme Court and fees taken therein ; preventive detention for reasons connected with the maintenance of public order ; persons subjected to such detention.

(2) Police, including military and armed police maintained by the Province, Railway-police, subject in the case of Railway-police to such rules as may be prescribed by the Legislature as to limits of jurisdiction, and railway contribution to cost of maintenance ; village police.

(3) Prisons : Prisoners, Reformatories, Borstal institutions and other institutions of a like nature ; vagrancy.

(4) Provincial Public Services and Provincial Public Service Commission.

(5) Provincial pensions, that is to say, pensions payable by the Province or out of Provincial revenues.

(6) Elections to the Provincial Legislature, subject to the provisions of this Act and of any Order made thereunder.

(7) The salaries of the Provincial Ministers, of the Speaker and Deputy Speaker of the Legislative Assembly, and of the Legislative Council; the salaries, allowances and privileges of the members of the Provincial Legislature.

(8) Local Government, that is to say, the constitution and powers of Municipal Corporations, Improvement Trusts, District Boards, Mining Settlement Authority and other Local authorities for the purpose of local self-government or village administration, Town planning Boards and Local Fund audit.

(9) Public debt of the Province ; the borrowing of money on the sole credit of the Province subject to sanction of Federal Government; assets and property of the Province.

(10) Land revenue, including the assessment and collection of revenue, the maintenance of land- record, survey for revenue purposes and records of rights and alienation of revenue.

(11) Duties of excise on the following goods manufactured or produced in the Province and countervailing duties at the same or lower rates, on similar goods manufactured or produced elsewhere in Hindusthan.

(a} Alcoholic liquors for human consumption.

(b) Opium, hemp and other narcotic drugs and narcotics; non-narcotic drugs ;

(c) Medicinal and toilet preparations containing ;_alcohol or any substance included in sub- paragraph (b) of this entry.

(12) Taxes on agricultural income.

(13) Taxes on lands and buildings, hearths and windows.

(14) Duties in respect of succession to agricultural lands.

(15) Taxes on mineral rights, subject to any limitation imposed by ny act of the Federal Legislature relating to mineral development.

(16) Capitation taxes.

(17) Taxes on professions, trades, callings and employments.

(18) Taxes on animals and boats.

(19) Taxes on the sale of goods and on advertisements.

(2o) Cess on the entry of goods into a local area for consumption, use or sale therein.

(21) Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling.

(22) The rates of stamp duty in respect of documents other than those, specified in the provisions of the Federal List with regard to the rates of stamp duty.

(23) Dues on passengers and goods, carried on inland waterways,

(24) Tolls.

(25) Fees in respect of any of the matters in this list but not including fees taken in any court; medical administration including hospitals, dispensaries, asylums and provisions for medical education.

(26) Public health and sanitation and vital statistics.

(27) Education including universities and technical institutes, Provincial institutions for professional or technical training and for promotion, of technical studies.

(28) Communication, that is to say, roads, bridges, ferries and other means of communication not specified in the Federal List; minor railways, subject to the provisions of Federal List with respect to such railways; municipal tramway ropeways; inland waterways and traffic thereon subject to the provisions of the Federal Legislature with regard to such water-ways ; ports, subject to the provisions in the Federal Legislature with regard to major ports; vehicles other than mechanically propelled vehicles.

(29) Water, that is to say, water supplies, irrigation and canals drainage and embankments, water- storage and water-power, except where they involve a matter of interprovincial concern or any other territory.

(30) Agriculture, including agricultural education and research ; protection against pests and prevention of plant diseases ; improvement of stock and prevention of animal diseases; veterinary training and practice ; pounds and prevention of cattle trespass.

(31) Land, that is to say, right in or over land, land-tenures including the relation of land-lord and tenant, and the collection of rents, transfer alienation and devolution of agricultural land ; land improvement and agricultural loans; colonisation ; Courts of wards ; encumbered and attached estates; treasure-trove.

(32) Compulsory acquisition of land.

(33) Forests; protection of wild birds and wild animals.

(34) Fisheries, excluding federal fisheries.

(35) Regulation of mines and oilfields and mineral development subject to the provisions of the Federal List with respect to regulation and development under federal control.

(36) Gas arid gas works.

(37) Inns and innkeepers

(38) Adulteration of foodstuffs and other goods; weights and measures.

(39) Intoxicating liquors and narcotic drugs, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors, opium and other narcotics and narcotic drugs, but subject, to the provisions of the Federal List.

(40) Relief of the poor; unemployment.

(41) Charities and charitable institutions ; charitable and religious endowments.

(42) Theatres, dramatic performances and cinemas, but not including the sanction of cinematograph films for exhibition.

(43) Trade and commerce within the Province : markets and fairs; money-lending and money-lenders.

(44) Production, supply and distribution. of goods ; development of industries, including industrial research subject to the provisions in the Federal List.

(45) The incorporation, regulation and winding-up of corporations other than corporations specified in the Federal List. Unincorporated trading, literary, scientific, religious and other societies and associations ; cooperative societies.

(46) Betting and gambling .

(47) Offences against laws with respect to any of the matters in this list.

(48) Inquiries and statistics for the purpose of any of the matters in this list.

(49) Pilgrimage.

(50) Burnings and burning grounds, burials. and burial-ground.

(51) Famine relief.

(52) Administrator-General and Official Trustees subject to legislation by the Federal Legislature.

(53) Backward tribes and their settlements.

(54) Provincial Law Reports.

(55) Minor Ports.

(56) Public libraries except the Imperial, Library at Calcutta, museums except the Indian Museum, the Imperial War Museum and the Victoria Memorial in Calcutta ; Zoological and Botanical gardens and registration of societies.

(57) Factories, subject to Legislation by the Federal Legislature.

(58) Settlement of labour-disputes.

(59} Coroners.

(6o) Provincial Stores and stationery.

(61) Provincial Government Press.

(62) The seat of Provincial Government.

(63) Fees, including court-fees ; probate-duties ; succession or estate duties.

(64) Registration of. deeds and documents, subject to Legislation by the Federal Legislature.

(65) Weights and measures subject to legislation by the Federal Legislature as regards standards.

(66) Control of poisons, arms and ammunition ; petroleum and explosives subject to Legislation by the Federal Legislature.

(67) Control of news-papers subject to legislation by the Federal Legislature.

(68) Regulation of medical and other professional qualification and standards, subject to legislation by the Federal Legislature.

(69) Local Fund Account.

(7o) Punishment of persons who refuse to give evidence or produce documents before the Governor.