SSC
Under which provision did the Constituent Assembly become a fully sovereign body and also the legislature (dominion legislature) of independent India in 1947?
Answer (Detailed Solution Below)View answer ▾Hide ▴
Answer: Option D — Section 8(1) of the Indian Independence Act, 1947
Detailed Solution
Under Section 8(1) of the Indian Independence Act, 1947, passed by the British Parliament, the Constituent Assembly became a fully sovereign body, and was also given the powers of the legislature of the new Dominion of India.
Before Independence:
- The Constituent Assembly was set up under the Cabinet Mission Plan (1946), and was bound by certain conditions of that plan.
- Its position was uncertain, and the British government had the final authority over it.
The Indian Independence Act (1947):
- It was passed by the British Parliament in July 1947, and received the royal assent on 18 July 1947.
- It provided for the creation of two independent dominions, India and Pakistan, from 15 August 1947.
- It ended British paramountcy over the princely states.
- Section 8(1) provided that the powers of the legislature of each dominion would be exercised by its Constituent Assembly, until a new constitution came into force.
What this meant:
- The Constituent Assembly became free to frame any constitution it liked, and to change or repeal any law made by the British Parliament in relation to India, including the Indian Independence Act itself.
- The Assembly now had two roles: a constitution-making body, and the legislature (Parliament) of independent India.
- When it met as the constitution-making body, it was presided over by its President; when it met as the legislature, it was presided over by a Speaker.
Changes in the Assembly:
The Muslim League members from the areas that went to Pakistan left the Assembly.
After the Constitution came into force:
The Assembly continued as the Provisional Parliament of India until the first Lok Sabha was elected in 1952.
Why not the other options?
- ✗The Government of India Act, 1935, the Cabinet Mission Plan and the Mountbatten Plan did not make the Assembly a sovereign body.
Quick tip
Remember: Section 8(1) of the Indian Independence Act, 1947 = Constituent Assembly became sovereign and also the Dominion legislature (dual role).
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Making & Sources of the Constitution — Preparation
This question tests your understanding of Making & Sources of the Constitution, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers how the Indian Constitution was made: the Constituent Assembly, its committees and members, the drafting process and key dates, and the features India borrowed from other constitutions, such as the parliamentary system from Britain and Fundamental Rights from the USA. Exams frequently ask who chaired the Drafting Committee (B. R. Ambedkar), who was President of the Constituent Assembly (Rajendra Prasad), and when the Constitution was adopted (26 November 1949) and came into force (26 January 1950). Questions on borrowed features are very common, so learn a table of features and their source countries. Practise the making of the Constitution questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.