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Including references to older statutes together
PANCHANANDAS MUKHERJI, M.A. F.R.E.S. (Lond.)
Professor of Political Economy and Political Philosophy, Presidency College,
THACKER, SPINK & CO.
Calcutta & Simla.
Price Rs. 3.
13 25 0638 7-13-61
Some explanation is necessary for publishing the Second Volume of my "Indian Constitutional Documents" prior to the publication of the first volume. In view of the great interest that is now being taken by the public in the discussion of Indian constitutional questions, I think it is desirable that the public should have, easily accessible to them, a handy compendium describing the present law and custom of the Indian Constitution. It has been my aim in this volume to introduce the reader to the fundamental law of the Indian constitution embodied in the Government of India Acts, 1915 & 1916 and with a view to attain this end, I have given a brief, but full, accurate and up-to-date account of the present working constitution of British India. As a preliminary to the study of the British Indian Constitution and as an aid to its proper understanding, I have also described briefly the main outlines of the English Constitution. As the Act of 1915 is a Consolidation of older statutes, I have given full references to them and have included them in the first volume (now in the press).
The Introduction to the present volume and that to the first volume will together give a complete account of the British Indian Constitution-its past history and its present condition.
I should be failing in my duty if I did not gratefully acknowledge the invaluable help rendered to me by my revered father, Babu Lalmohan Mukherji, author of "Indian Case-Law on Ejectment" in the preparation of this volume.
Presidency College, Calcutta.
June 15th, 1918.
The Government of India Act, 1915
With amendments up-to-date and references to older statutes together with an introductory account of the present working constitution of British India and a brief preliminary study of English political institutions.
A brief study of English Political Institutions.
By the "constitution" of a state we mean those of its rules or laws, written or unwritten, which determine (a) the form of the organization of its government, (b) the extent of power entrusted to its various organs and (c) the manner in which these powers are to be exercised.
In some countries the rules or laws which make up the constitution can be enacted and amended by the ordinary legislature just like any other laws, while in other countries such rules or laws are placed above and beyond the power of the ordinary legislature and are capable of being enacted and amended only by some superior legislative authority or by a process different from that employed in enacting and amending ordinary laws.
A constitution of the former kind, capable at any moment of being amended or repealed, has been properly styled by Lord Bryce as a "Flexible" constitution which we have an instance in the English Constitution. Such a constitution proceeds from the same authority which makes the ordinary laws; and it is repealed in the same way as ordinary laws. Indeed in such a case the term "constitution" denotes nothing more than such and so many of the statutes and customs of the country as determine the form and arrangements of its political system. And it is difficult to say of any particular law whether it is or is not a part of the political constitution.