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A

BILL

ΤΟ

Constitute within the British Empire a
Commonwealth of India.

WH

HEREAS it is desirable that the Indian People should exercise the right of Self-Government under His Imperial Majesty the King-Emperor;

And whereas it is necessary for the dignity, peace 5 and contentment of the People of India, and also for the welfare and continued amity of the British and Indian Nations, that the Commonwealth of India should be placed on an equality with the Self-Governing Dominions, sharing their responsibilities and their 10 privileges, as a Free State in the Federation of Free States owning allegiance to His Imperial Majesty the King-Emperor.

Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the 15 Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

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A.D. 1927.

1. This Act may be cited as the Commonwealth Short title. of India Act, 1927.

2. The provisions of this Act referring to the King shall also refer to His Majesty's heirs and successors in the sovereignty of the United Kingdom.

Act to extend to

the King's

successors.

3. It shall be lawful for the King, with the advice Proclamaof the Privy Council, to declare by Proclamation, on tion of the 25 and after a date therein appointed, not being later wealth.

Common

A.D. 1927. than one year after the passing of this Act, the establishment of the Commonwealth of India.

and ap

pointed day.

Commence- 4. (1) This Act shall, except as expressly provided, ment of Act come into operation on the appointed day and the appointed day for the purpose of this Act shall be the 5 first Tuesday in the eighth month after the month in which this Act is passed or such other day not more than seven months earlier or later as may be fixed by Order of His Majesty in Council either generally or with reference to any particular provision of this Act, and 10 different days may be appointed for different purposes and different provisions of this Act, but the Parliament shall be summoned to meet not later than four months after the said Tuesday, and the appointed day for holding elections for the Parliament shall be fixed accordingly:

Power to

make
Indian

Transfer
Orders.

Provided that the appointed day as respects the transfer of any service may, at the request of the Government of India, be fixed at a date later than seven months after the said Tuesday.

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(2) Nothing in this Act shall affect the adminis- 20 tration of any service before the day appointed for the transfer of that service from the Government of the United Kingdom, Governor-General in Council, His Majesty's Secretary of State for India, or the Secretary of State for India in Council.

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5. (1) His Majesty may, by Orders in Council, make such Regulations as may seem necessary or proper for setting in motion the Parliament and Government of India and also for any other matter for which it seems to His Majesty necessary or proper to make pro- 30 vision for the purpose of bringing this Act into full operation or for giving full effect to any provisions of this Act or to any future transfer under or by virtue of this Act of a reserved service; and in particular His Majesty may by any such Order in Council:

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(a) make any such adaptations of any enactments
so far as they relate to India as may appear
to him necessary or proper in order to give
effect to the provisions of this Act, and also
to make any adaptations of any enactments 40
whatsoever as may appear to him necessary
or proper as a consequence
a consequence of any change
affected by the provisions of this Act; and

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10

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(b) make any necessary provision for the trans- A.D. 1927.
ference to the Parliament and Government
of India of all executive powers and duties
relating to the Government or Revenues of
India as might or would have been exercised
or performed by the Governor-General in Council,
His Majesty's Secretary of State or Secretary of
State in Council before this Act came into
force; and

(c) make provision with respect to the transfer
and apportionment of any property, assets,
rights and liabilities in connection with Indian
services and the transfer of the right to recover
any taxes charged but not paid before the
appointed day; and

(d) provide for the reservation of power to His
Majesty to confer on the naval military or air
force authorities of the United Kingdom control
over any harbours, lighthouses, light vessels,
buoys, beacons or other navigational marks
to such extent at such times and in such
circumstances as may appear to His Majesty
to be required in the national interests.

(2) (i) Any Indian Transfer Order made under 25 this Act shall be laid before both Houses of the Parliament of the United Kingdom within forty days next after it is made if Parliament is then sitting or, if not, within forty days after the commencement of the then next ensuing session, and if an address is presented to His Majesty 30 by either of those Houses within twenty-one days on which that House has sat next after any such Order is laid before it praying that any such Order may be annulled, His Majesty may thereupon by Order in Council annul the same, and the Order so annulled shall 35 forthwith become void, but without prejudice to the validity of any proceedings which may in the meantime have been taken under the Order.

(ii) Any Indian Transfer Order made under this Act shall, subject to the foregoing provisions of this 40 section, have effect as if enacted in this Act.

6. This Act and all laws made by the Parliament Operation of of the Commonwealth thereunder shall be binding the constion the Courts and people of every Province and of every

tution and

laws.

A.D. 1927. part of the Commonwealth, notwithstanding anything in the laws of any Province or in any Act of the United Kingdom extending to British India; and the laws of the Commonwealth shall be in force in all Indian territorial waters.

Repeal of

ment of

India Act.

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7. The Government of India Act is hereby repealed, the Govern- but so as not to affect any laws in force at the date of the establishment of the Commonwealth or in force at such times as are determined under section five of this Act; but any such laws as are incompatible with this 10 Act shall be void to the extent of the incompatibility.

Fundamental rights.

Definitions.

8.-(a) No person shall be deprived of his liberty, nor shall his dwelling or property be entered, sequestered or confiscated, save in accordance with law and by duly constituted Courts of Law.

(b) Freedom of conscience and the free profession and practice of religion are, subject to public order or morality, hereby guaranteed to every person.

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(c) The right of free expression of opinion, as well as the right to assemble peaceably and without arms, 20 and to form associations or unions, is hereby guaranteed for purposes not opposed to public order or morality, or the law relating to defamation for the time being.

(d) All persons in the Commonwealth of India have 25 the right to free elementary education, and such right shall be enforceable as soon as due arrangements shall have been made by the competent authority.

(e) All persons have an equal right to the use of roads, Courts of Justice, and all other places of business 30 or resort dedicated to the public, provided they do not disturb public order or disobey any lawful notice issued by a competent authority.

(f) All persons residing within the Commonwealth, whether permanently or temporarily, are equal before 35 the Law, and no distinction of Court or Judge shall be made between one class of person and another with respect to similar legal matters or offences.

(g) There shall be no disqualification or disability on the ground only of sex.

9. "The Commonwealth" shall mean the Commonwealth of India, as established under this Act.

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"Provinces " shall mean such of the Parts of the A.D. 1927, Commonwealth as have Provincial Autonomy, under a Governor, a Provincial Legislature, a Provincial Executive Council and a High Court.

"Parliament" shall mean the Parliament of the The ConstiCommonwealth of India.

10. The Constitution of the Commonwealth shall be as follows:

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Part

Both Houses of Parliament.

II. The Executive Government.

III. The Judicature.

IV. Finance and Trade.

V. The Provinces.

i.-General.

Part ii. The Provincial Legislature.

Part iii.-The Effective Government.
Part iv.-The Judicature.

Chapter VI.-New Provinces.

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Part ii. The Village (Rural) or Ward (Urban).
Part iii.-The Taluka.

Part iv.-The District (Rural) or Municipality
(Urban).

Chapter VIII.-Defence.

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IX.-Miscellaneous.

X.-Alteration of the Constitution.

Schedule 1.-Oath or Affirmation of Allegiance.

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tution of the Common

wealth.

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