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05/04/2026
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Outline of a New Constitution by B.N. Rau-1946 

Each of the Federations shall be an independent sovereign State whose boundaries and whose relations with the other members of the Commonwealth in regard to matters of mutual interest such as defence, external affairs, communications and customs shall have been previously defined by agreement or with the aid of agreed machinery as hereinafter provided.
advtanmoy 16/10/2021 6 minutes read

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BN Rau

Home » Law Library Updates » Sarvarthapedia » National » INDIA » Outline of a New Constitution by B.N. Rau-1946 

Sir Benegal Narsing Rau, CIE, (26 February 1887 – 30 November 1953)

ULTIMATE STRUCTURE

1. On and from a date to be specified as hereinafter provided, IndiaIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more shall be a Commonwealth consisting of:

(a) the HindustanHindu הִנְדּוּאָה (hinĕḋẇʼáh), ινδουϊσμός: Hend  (Hendu). The establishment of a satellite state of the Ghaznavid Empire (capital: Lahore) in the Punjab (first half of the 11th century) was known as Hindustan—a geographical name given by the Persians, who came to visit Bharatvarsha (​हिन्दुस्तान). Asadi’s Garsasp-nama, expeditions to Hend and Sarandib (Sri Lanka) have been featured. Sanatan Dharma is the actual Dharmic tradition of the Hindus. People who live in Hindusthan are Hindu (The word is an original word), whether they follow Islam, Christianity, Buddhism, Mahavira, or Nanaka. In this way, Tribals are also Hindu. Indian sword (šamšir-e hendi in zaḵm-e hendi). Anbar-e hendi (India perfumes) by Farroki. Ebn Battuta (Toḥfat al-noẓẓār fi ḡarāʾeb al-amṣārwa ʿajāʾeb al-asfār: ca. 1330) first mentioned 'Hindu Kush.' Federation

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(b) the PakistanPakistan Arya Varta Region > Main Cities:  Karachi Lahore Faisalabad Rawalpindi Multan Hyderabad Gujranwala Peshawar Rahim Yar Khan Quetta Muzaffarabad Battagram Kotli Islamabad Bahawalpur Sargodha Sialkot Sukkur Larkana Shekhupura Bhimbar Jhang Sadr Gujrat Mardan Malir Cantonment Kasur Mingora Dera Ghazi Khan Sahiwal Nawabshah Okara Mirpur Khas Chiniot Shahkot Kamoke Saddiqabad Burewala Jacobabad Muzaffargarh Muridke Jhelum Shikarpur Hafizabad Kohat Khanpur Khuzdar Dadu Gojra Mandi Bahauddin Tando Allahyar Daska Kalan Pakpattan Bahawalnagar Bahawalnagar Tando Adam Khairpur Mir's Chishtian Abbottabad Jaranwala Ahmadpur East Vihari Kamalia Kot Addu Khushab Wazirabad Dera Ismail Khan Chakwal Swabi Lodhran Federation

(c) the Indian StatesSates Andaman and Nicobar Islands Andhra Pradesh Arunachal Pradesh Assam Bihar Chandigarh Chhattisgarh Dadra and Nagar Haveli and Daman and Diu Delhi Goa Gujarat Haryana Himachal Pradesh Jammu and Kashmir Jharkhand Karnataka Kerala Ladakh Lakshadweep Madhya Pradesh Maharashtra Manipur Meghalaya Mizoram Nagaland Odisha Puducherry Punjab Rajasthan Sikkim Tamil Nadu Telangana Tripura Uttar Pradesh Uttarakhand West Bengal and tribalTribal Jana jati, banabasi in India. most of them adopted Sanatan Dharma. The English word tribe stems from Middle English tribu, which ultimately derives from Latin tribus. In the United States, Native American tribes are legally considered to have "domestic dependent nation" status within the territorial United States. In ancient Vedic civilisation, communities were classified in kula, jati and gotra. Vedic Rishis were the ancestors of Indian Schedule Tribes. areas.


2. Each of the Federations shall be an independent sovereign State whose boundaries and whose relations with the other members of the Commonwealth in regard to matters of mutual interest such as defence, external affairs, communications and customs shall have been previously defined by agreementContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. or with the aid of agreed machinery as hereinafter provided.


3. As soon as possible after boundaries and mutual relations have been defined as aforesaid, and detailed constitutions have been framed for each of the two Federations, His Majesty may, by an Order-in-Council, establish the IndianIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more Commonwealth with two independent Federations on and from a date to be specified therein.

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MEMORANDUM I

1. As from the date of commencement of this constitutionConstitution The Constitution encompasses the global system of rules governing constitutional authority. Simply reading selected provisions of the written text may be misleading. Understanding the underlying principles, such as federalism, democracy, constitutionalism, the rule of law, and respect for minorities, is crucial. Democratic institutions must allow for ongoing discussion and evolution, reflected in the right of participants to initiate constitutional change. This right entails a reciprocal duty to engage in discussions. Democracy involves more than majority rule, existing within the context of other constitutional values. Therefore, a profound understanding of these principles informs our appreciation of constitutional rights and obligations. Read more, India shall be an independent sovereign Union.

2. (1) The territories of the Union shall be in the following groups:

A. the Central Group, comprising the provinces of Madras, Bombay, the United Provinces, BiharBihar 38 Districts > Araria Arwal Aurangabad Banka Begusarai Bhagalpur Bhojpur Buxar Darbhanga Gaya Gopalganj Jamui Jehanabad Kaimur (Bhabua) Katihar Khagaria Kishanganj Lakhisarai Madhepura Madhubani Munger Muzaffarpur Nalanda Nawada Pashchim Champaran Patna Purbi Champaran Purnia Rohtas Saharsa Siwan Supaul Vaishali Samastipur Saran Sheikhpura Sheohar Sitamarhi, the Central Provinces and Berar, Orissa, Delhi, Ajmer-Merwara, Coorg, and Panth Piploda.

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B. the Western Group, comprising the provinces of the- Panjab, the North-West Frontier, Sind and BritishBaluchistan.

C. the Eastern Group, comprising the provinces of BengalWest Bengal Bengal derived its name from Vedic king Vanga (Son of Vali). Banga was part of the Magadha Kingdom of Jarasandha and later Nanda dynasty. After the Garuda Dynasty ( history lost) the region was named Gouda Bhumi. Districts North 24 Parganas South 24 Parganas Bankura Birbhum CoochBihar Dakshin Dinajpur Darjeeling Hooghly Howrah Jalpaiguri Jhargram Kalimpong Kolkata Malda Murshidabad Nadia Paschim Burdwan Purba Burdwan Paschim Medinipur Purba Medinipur Purulia Uttar Dinajpur Alipurduar Govt Site Calcutta High Court KMC, Assam and the Andaman and Nicobar IslandsAndaman and Nicobar Islands Nicobars North And Middle Andaman South Andamans in the east.

D. the Indian States and Tribal Areas.


(2) At any timeTime χρόνος. Judicial: Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) यमः , पुं, (यमयति नियमयति जीवानां फलाफलमिति । यम् + अच् । विश्वे च कलयत्येव यः सर्व्वायुश्च सन्ततम् । अतीव दुर्निवार्य्यञ्च तं कालं प्रणमाम्यहम् ॥यमैश्च नियमैश्चैव यः करोत्यात्मसंयमम् । स चादृष्ट्वा तु मां याति परं ब्रह्म सनातनम् ॥ after the first general election ‘held under this constitution, the representatives of any provinces or part- province (as hereinafter defined) in the provincial legislative assembly may by resolution decide that the province or part- province, as the case may be, be transferred from one group to another and the resolution shall lake effect accordingly.


3. (1) There shall be a Union Parliament consisting of the Head of the Union and a single chamber-two chamber to which Group A on the one hand and Groups B and C, on the other, shall send an equal numberNumber Αριθμός of representatives.

(2) Pending the formal accession of a prescribed number of Indian States, Group D shall not have any representatives in. the Union Parliament.

(3) Indian States will accede as and when the Rulers desire and upon such terms as may be agreed upon between the- Union and the Ruler concerned.

Note: The parity granted to Groups A and B in this Article and in Article 8 and the election of the ministers of each group by the representatives of that group in the legislature, as prescribed in Article 9, should go some way towards satisfying, the sentiment behind the Pakistan demandDemand In economics, the amount of a good or service that consumers are willing to buy at a particular price..


4. The legislative authority of the Union Parliament shall extend only to Groups A, B and C and in Governors’ Provinces only to matters relating to defence, external affairs, communications, and the requisite finances.


5. The executive authority of the Union shall be co-extensive- with its legislative authority in relation to Groups A, B and G and shall, subject to the provisions of Article 6 below, extend to all the functions exercisable by the Crown under the Act of 1935 in relation to Group D.


6. In the exercise of its executive authority in relation to Group D, the Union shall have due regard to the following principles:

(1) The territorial integrity of the States and the dynastic succession of the Rulers must be preserved.

(2) TreatyTreaty Vienna Convention on the Law of Treaties (VCLT) > It means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation. rights and obligations must be honoured.

(3) The internal sovereignty of the Rulers must be respected: Provided that nothing herein contained shall be deemed to affect the evolution of responsible governmentGovernment HM Govt consists of the Prime Minister, their Cabinet, and junior ministers, supported by the teams of non-political civil servants that work in government departments. The American Federal Government consists of the Legislative, Executive, and Judicial branches. in the States.


7. The executive authority of the Union shall be exercised by the Head of the Union and there shall be a Council of Ministers to aid and advise him in the exercise of his functions.


8. The Council shall consist of

x ministers for Group A

x ministers for Groups B and C taken together and

y ministers for Group D


9. (1) The ministers for Group A shall be elected, for the term of each Parliament, by the representatives of the group in that Parliament on the Swiss plan, and similarly the ministers for Groups B and C.

(2) Pending the admission of members from Group D to the Union Parliament, the ministers for that group shall be selected in the following manner:

The Chancellor of the Chamber of Princes shall after consulting the Committee of States 5 Ministers submit a panel of z names to the Head of the Union and from this panel, the Head of the Union shall select y names upon the advice of the ministers for Groups A, B and C.

Note: This plan ensures stability for the ministry; representation in the ministry for important minoritiesMinority group A minority is a group of people who are differentiated from others in the same society by ethnicity, race, nationality, or religion, and who occupy subordinate positions in the communities in which they reside. A minority group may be numerically smaller but, on the other hand, may constitute the majority insofar as population size is concerned. In several counties in a few southern states, the black population is by far the larger, but in most states and in the United States as a whole, blacks constitute a far smaller percentage of the total population.; and a sufficient measure of responsibility of the ministry to the legislature.


10. The allocation of portfolios shall be made by the Head of the Union after consulting the ministers of all four groups.

Note: The allocation may be periodically varied so as to avoid complaints of discrimination as between the groups: e.g ., for the first four years, finance may be assigned to a minister of Group A and for the next four years, to a minister of Group B or G or vice versa. The justification for bringing Group D into this distribution is that all States have already ceded jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. to the Crown in respect of defence and external affairs and many of them have further limited v their jurisdiction by agreements in respect of railways, posts and telegraphs, customs, etc. The States are therefore affected by BritishBritish "Britons" can refer to the Ancient Britons, the Celtic-speaking peoples of Great Britain during the Iron Age, whose descendants today include the Welsh, Cornish, and Bretons. The Union of the Crowns in 1603, followed by the creation of the Kingdom of Great Britain in 1707, helped forge a wider sense of British national identity. Yet this idea of “Britishness” was superimposed upon much older cultural identities of the English, Scots, and Welsh, whose distinctiveness continues to resist a fully homogenised identity. Greek explorer Pytheas referred to the islands collectively as αἱ Βρεττανίαι. The Celtic King Arthur was said to have established a kingdom on the British Isles. Indian policy in all these matters and can reasonably claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. a voice in the shaping of that policy. They can obtain such a voice only by being represented in the Central Cabinet. If necessary, a rule of business may be made that the ministers of Group D shall not vote at Cabinet meetings, but will have a right to attend and speak.


11. Subjects outside defence, external affairs, communications and the requisite finances shall be transferred to the Governors’ Provinces.

Note: Provincial subjects in the Chief Commissioners’ Provinces will still have to be administered by the Centre: they may be included in the portfolio of one of the ministers for Groups A, B or C according to the situation of the province.


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