Government of India Act 1935

PART II Representatives of Indian States.

1 The allocation to Indian States of seats in the Federal Legislature shall be as shown in the Table appended to this Part of this Schedule, hereinafter referred to as the " Table of Seats," and persons to represent Indian States in that Legislature shall be chosen and appointed in accordance with the provisions hereinafter contained.

2 In the case of the Council of State, there shall be allotted to each State or, as the case may be, to each group of States specified in the first column of the Table of Seats, the number of seats specified in the second column of the said Table opposite to that State or to that group of States.

3 In the case of the Federal Assembly, there shall be allotted to each State or, as the case may be, to each group of States specified in the third column of the Table of Seats, the number of seats specified in the fourth column of the said Table opposite to that State or to that group of States.

4 A person shall not be qualified to be appointed under this Part of this Schedule to fill a seat in either Chamber of the Federal Legislature unless he—

(i) is a British subject or the Ruler or a subject of an Indian State which has acceded to the Federation; and

(ii) is, in the case of a seat in the Council of State, not less than thirty years of age and, in the case of a seat in the Federal Assembly, not less than twenty-five years of age:

Provided that—

(a) the Governor-General may in his discretion declare as respects any State, the Ruler of which at the date of the establishment of the Federation was by reason of his minority not exercising ruling powers, that sub-paragraph (i) of this paragraph shall not apply to any named subject, or to subjects generally, of that State until that State comes under the rule of a Ruler who is of an age to exercise ruling powers; and

(b) sub-paragraph (ii) of this paragraph shall not apply to a Ruler who is exercising ruling powers.

5 Upon the expiration of the term for which he is appointed to serve as a member of the Federal Legislature, a person, if otherwise duly qualified, shall be eligible to be appointed to serve for a further term.

6 Subject to the special provisions hereinafter contained with respect to the appointment of persons to represent certain States and groups of States comprised in Divisions XVI and XVII of the Table of Seats,—

(i) the Rulers of States constituting a group of States to which a seat in the Council of State is allotted shall in rotation appoint a person to fill that seat; and

(ii) the Rulers of the States constituting a group of States to which a seat in the Federal Assembly is allotted shall appoint jointly a person to fill that seat :

Provided that the Rulers of two or more States entitled to appoint in rotation a person to fill a seat in the Council of State allotted to a group of States may by agreement, and with the approval of the Governor-General in his discretion, appoint jointly a person to fill that seat.

7 The period for which a person shall be appointed to fill a seat shall be—

(i) in the case of a person appointed to fill a seat in the Council of State—

(a) by the Ruler of a State entitled to separate representation, nine years;

(b) jointly by the Rulers of all the States in a group which have acceded to the Federation, three years;

(c) by the Ruler of a State appointing in rotation, one year subject, however, to the special provisions of the next succeeding paragraph with respect to certain States therein mentioned;

(d) jointly by Rulers of some only of the States in a group which have acceded to the Federation, a period equal to the aggregate of the periods for which each of them might in rotation have appointed a person to hold that seat or three years, whichever may be the shorter period;

(e) in any other manner, three years; and

(ii) in the case of a person appointed to fill a seat in the Federal Assembly, until the dissolution of the Assembly :

Provided that—

(i) a person appointed to fill a seat upon the occurrence of a casual vacancy shall be appointed to fill that seat for the remainder of the period for which his predecessor was appointed;

(ii) in the case of first appointments to fill seats in the Council of State the Governor-General in his discretion shall make by order provision for securing that approximately one-third of the persons appointed by Rulers entitled to separate representation shall be appointed to fill seats for three years only, approximately one-third to fill seats for six years only and approximately one-third to fill seats for nine years.

8 The Ruler of a State mentioned in this paragraph when appointing in rotation a person to fill a seat in the Council of State shall, notwithstanding anything in the preceding paragraph, be entitled to appoint that person to fill the seat—

(a) in the case of the Rulers of Panna and of Mayurbhanj, for two years; and

(b) in the case of the Ruler of Pudukkottai, for three years.

9 Subject as hereinafter provided, the Rulers of two or more States forming a group to which one seat in either Chamber of the Federal Legislature is allotted shall, in choosing a person to be appointed by them jointly to fill that seat, each have one vote, and in the case of an equality of votes the choice shall be determined by lot or otherwise in such other manner as may be prescribed :

Provided that in choosing a person to be so appointed the Ruler of a State mentioned in sub-paragraph (a) of the preceding paragraph shall be entitled to two votes and the Ruler of the State mentioned in sub-paragraph (b) of that paragraph shall be entitled to three votes.

10 A seat in either Chamber allotted to a single State shall remain unfilled until the Ruler of that State has acceded to the Federation, and a seat in either Chamber which is the only seat therein allotted to a group of States shall remain unfilled until the Rulers of at least one-half of those States have so acceded but, subject as hereinafter provided, so long as one-tenth of the seats in either Chamber allotted either to single States or (o groups of States remain unfilled by reason of the non-accession of a State or States, whether such non-accession be due to the minority of a Ruler or to any other cause, the persons appointed by the Rulers of States to fill seats in that Chamber may from time to time in the prescribed manner appoint persons, not exceeding one-half of the number of seats so unfilled to be additional members of that Chamber :

Provided that the right to appoint such additional members shall not be exercised after the expiration of twenty years from the establishment of the Federation.

A person appointed under this paragraph as an additional member of either Chamber shall be appointed to fill his seat for a period of one year only.

11 Persons to fill the seats in the Federal Assembly allotted to any group of States mentioned in Division XVI of the Table of Seats as entitled to appoint persons to fill three such seats shall be appointed in the prescribed manner by the Rulers of such of the States in the group as have acceded to the Federation :

Provided that—

(a) until the Rulers of two of those States have so acceded, all the three seats shall remain unfilled; and

(b) until the Rulers of four of those States have so acceded, two of the three seats shall remain unfilled; and

(c) until the Rulers of six of those States have so acceded, one of the three seats shall remain unfilled.

Seats in the Federal Assembly remaining unfilled by reason of the provisions of this paragraph shall be treated as seats remaining unfilled for the purposes of the last preceding paragraph.

12 The provisions of this paragraph shall apply with respect to the two seats in the Council of State and the five seats in the Federal Assembly allotted to the States comprised in Division XVII of the Table of Seats :—

(a) the States in question are such States, being States which on the first day of January, nineteen hundred and thirty-five, were included in the Western India States Agency, the Gujarat States Agency, the Deccan States Agency, the Eastern States Agency, the Central India Agency or the Rajputana Agency, or were in political relations with the Government of the Punjab or the Government of Assam, as may be enumerated in rules made by the Governor-General in his discretion;

(b) the Governor-General shall, in the rules so made by him, divide the said States into five groups, and of the five seats in the Federal Assembly allotted to those States one shall be deemed to be allotted to each of the groups;

(c) a seat in the Federal Assembly allotted to one of the said groups shall remain unfilled until the Rulers of at least one-half of the States in the group have acceded to the Federation, but, save as aforesaid, a person to fill such a seat shall be appointed in the prescribed manner by the Rulers of such of the States in the group as have acceded to the Federation;

(d) persons to fill the two seats in the Council of State allotted to the States comprised in the said Division shall be appointed in the prescribed manner by the persons appointed under the preceding sub-paragraph to fill seats in the Federal Assembly :

Provided that, so long as three of the five seats in the Federal Assembly remain unfilled, one of the two seats in the Council of State shall also remain unfilled;

(e) seats in the Federal Assembly or Council of State remaining unfilled by reason of the provisions of this paragraph shall be treated as seats remaining unfilled for the purposes of the last but one preceding paragraph.

13 His Majesty in Council may by order vary the Table of Seats by transferring any State from one group of States specified in column one or column three of that Table to another group of States specified in the same column, if he deems it expedient so to do—

(a) with a view to reducing the number of seats which by reason of the non-accession of a State or States would otherwise remain unfilled; or

(b) with a view to associating in separate groups States whose rulers do, and States whose rulers do not, desire to make appointments jointly instead of in rotation,

and is satisfied that such variation will not adversely affect the rights and interest of any State :

Provided that a State mentioned in paragraph eight of this Part of this Schedule shall not be transferred to another group unless the Ruler of the State has agreed to relinquish the privileges enjoyed by him under the said paragraph and under paragraph nine.

Where an order varying the Table of Seats is made under this paragraph, references (whether express or implied) in the foregoing provisions of this Part of this Schedule to the Table shall be construed as references to the Table as so varied.

14 In so far as provision in that behalf is not made by His Majesty in Council, the Governor-General may in his discretion make rules for carrying into effect the provisions of this Part of this Schedule and in particular, but without prejudice to the generality of the foregoing words, with respect to—

(a) the times at which and the manner in which appointments are to be made, the order in which Rulers entitled to make appointments in rotation are to make them and the date from which appointments are to take effect;

(b) the filling of casual vacancies in seats;

(c) the decision of doubts or disputes arising out of or in connection with any appointment; and

(d) the manner in which the rules are to be carried into effect.

In this Part of this Schedule the expression " prescribed " means prescribed by His Majesty in Council or by rules made under this paragraph.

15 For the purposes of subsection (2) of section five of this Act—

(i) if the Rulers of at least one-half of the States included in any group to which one seat in the Council of State is allotted accede to the Federation, the Rulers so acceding shall be reckoned as being entitled together to choose one member of the Council of State;

(ii) if, of the Rulers of States included in the groups to be formed out of the States comprised in Division XVII of the Table of Seats, sufficient accede to the Federation to entitle them to appoint one member or two members of the Federal Assembly, the Rulers so acceding shall be reckoned as being entitled together to choose one member of the Council of State and, if sufficient accede to entitle them to appoint three or more members of the Federal Assembly, the Rulers so acceding shall be reckoned as being entitled together to choose two members of the Council of State; and

(iii) the population of a State shall be taken to be the population attributed thereto in column five of the Table of Seats or, if it is one of the States comprised in the said Division XVII of the Table, such figure as the Governor-General may in his discretion determine, and the total population of the States shall be taken to be the total population thereof as stated at the end of the Table. Table of Seats

TABLE OF SEATS.

The Council of State and the Federal Assembly.

Representatives of Indian States.

1.	2.	3.	4.	5.
States and Groups of States.	Number of seats in Council of State.	States and Groups of States.	Number of seats in the Federal Assembly.	Population.
DIVISION I.
Hyderabad	5	Hyderabad	16	14,436,148
DIVISION II.
Mysore	3	Mysore	7	6,557,302
DIVISION III.
Kashmir	3	Kashmir	4	3,646,243
DIVISION IV.
Gwalior	3	Gwalior	4	3,523,070
DIVISION V.
Baroda	3	Baroda	3	2,443,007
DIVISION VI.
Kalat	2	Kalat	1	342,101
DIVISION VII.
Sikkim	1	Sikkim	—	109,808
DIVISION VIII.
1. Rampur	1	1. Rampur	1	465,225
2. Benares	1	2. Benares	1	391,272
DIVISION IX.
1. Travancore	2	1. Travancore	5	5,095,973
2. Cochin	2	2. Cochin	1	1,205,016
3. Pudukkottai	} 1	3. Pudukkottai	}1	400,694
Banganapaile		Banganapaile		39,218
Sandur		Sandur		13,583
DIVISION X.
1. Udaipur	2	1. Udaipur	2	1,566,910
2. Jaipur	2	2. Jaipur	3	2,631,775
3. Jodhpur	2	3. Jodhpur	2	2,125,982
4. Bikaner	2	4. Bikaner	1	936,218
5. Alwar	1	5. Alwar	1	749,751
6. Kotah	1	6. Kotah	1	685,804
7. Bharatpur	1	7. Bharatpur	1	486,954
8. Tonk	1	8. Tonk	1	317,360
9. Dholpur	1	9. Dholpur	}1	254,986
10. Karauli	1	Karauli		140,525
11. Bundi	1	10. Bundi	}1	216,722
12 Sirohi	1	Sirohi		216,528
13. Dungarpur	1	11. Dungarpur	}1	227,544
14. Banswara	1	Banswara		260,670
15. Partabgarh	}1	12. Partabgarh	}1	76,539
Jhalawar		Jhalawar		107,890
16. Jaisalmer	}1	13. Jaisalmer	}1	76,255
Kishengarh		Kishengarh		85,744
DIVISION XI.
1. Indore	2	1. Indore	2	1,325,089
2. Bhopal	2	2. Bhopal	1	729,955
3. Rewa	2	3. Rewa	2	1,587,445
4. Datia	1	4. Datia	1	158,834
5. Orehha	1	Orehha	314,661
6. Dhar	1	5. Dhar	}1	243,430
Dewas (Senior)	}1	7. Dewas (Senior)		83,321
Dewas (Junior)		Dewas (Junior)		70,513
8. Jaora	}1	6. Jaora	}1	100,166
Ratlam		Ratlam		107,321
9. Panna	}1	7. Panna	}1	212,130
Samthar		Samthar		33,307
Ajaigarh		Ajaigarh		85,895
10. Bijawar	}1	8. Bijawar	}1	115,852
Charkliari		Charkhari		120,351
Chhatarpur		Chhatarpur		161,267
11. Baoni	}1	9. Baoni	}1	19,132
Nagod		Nagod		74,589
Maihar		Maihar		68,991
Baraundha		Baraundha		16,071
12. Barwani	}1	10. Barwani	}1	141,110
Ali Raj pur		Ali Raj pur		101,963
Shahpura		Shahpura		54,233
13. Jhabua	}1	11. Jhabua	}1	145,522
Sailana		Sailana		35,223
Sitamau		Sitamau		28,422
14. Rajgarh	}1	12. Rajgarh	}1	134,891
Narsingarh		Narsingarh		113,873
Khilehipur		Khilehipur		45,583
DIVISION XII.
1. Cutch	1	1. Cutch	1	514,307
2. Idar	1	2. Idar	1	262,660
3. Nawanagar	1	3. Nawanagar	1	409,192
4. Bhavnagar	1	4. Bhavnagar	1	500,274
5. Junagadh	1	5. Junagadh	1	545,152
6. Rajpipla	}1	6. Rajpipla	}1	206,114
Palanpur		Palanpur		264,179
7. Dhrangadhra	}1	7. Dhrangadhra	}1	88,961
Gondal		Gondal		205,846
8. Porbandar	}1	8. Porbandar	}1	115,673
Morvi		Morvi		113,023
9. Riadhanpur	}1	9. Riadhanpur	}1	70,530
Wankaner		Wankaner		44,259
Palitana		Palitana		62,150
10. Cambay	}1	10. Cambay	}1	87,761
Dharampur		Dharampur		112,031
Balasinor		Balasinor		52,525
11. Baria	}1	11. Baria	}1	159,429
Chhota Udepur		Chhota Udepur		144,640
Sant		Sant		83,531
Lunawada		Lunawada		95,162
12. Bansda	}1	12. Bansda	}1	48,839
Sachin		Sachin		22,107
Jawhar		Jawhar		57,261
Danta		Danta		26,196
13. Dhrol	}1	13. Dhrol	}1	27,639
Limbdi		Limbdi		40,088
Wadhwan		Wadhwan		42,602
Rajkot		Rajkot		75,540
DIVISION XIII.
1. Kolhapur	2	1. Kolhapur	1	957,137
2. Sangli	}1	2. Sangli	}1	258,442
Savantvadi		Savantvadi		230,589
3. Janjira	}1	3. Janjira	}1	110,379
Mudhol		Mudhol		62,832
Bhor		Bhor		141,546
4. Jamkhandi	} 1	4. Jamkhandi	} 1	114,270
Miraj (Senior)		Miraj (Senior)		93,938
Miraj (Junior)		Miraj (Junior)		40,684
Kurundwad (Senior).		Kurundwad (Senior).		44,204
Kurundwad (Junior).		Kurundwad (Junior).		39,583
5. Akalkot	} 1	5. Akalkot	} 1	92,605
Phaltan		Phaltan		58,761
Jath		Jath		91,099
Aundh		Aundh		76,507
Ramdurg		Ramdurg		35,454
DIVISION XIV.
1. Patiala	2	1. Patiala	2	1,625,520
2. Bahawalpur	2	2. Bahawalpur	1	984,612
3. Khairpur	1	3. Khairpur	1	227,183
4. Kapurthala	1	4. Kapurthala	1	316,757
5. Jind	1	5. Jind	1	324,676
6. Nabha	1	6. Nabha	1	287,574
		7. Tehri-Garhwal	1	349,573
7. Mandi	}1	8. Mandi	}1	207,465
Bilaspur		Bilaspur		100,994
Suket		Suket		58,408
8. Tehri-Garhwai	}1		}1
Sirmur		9. Sirniur		148,568
Chamba		Chamba		146,870
9. Faridkot	}1	10. Faridkot	}1	164,364
Malerkotla		Malerkotla		83,072
Loharu		Loharu		23,338
DIVISION XV.
1. Cooch Behar	1	1. Cooch Behar	1	590,886
		2. Tripura	1	382,450
2. Tripura	}1	3. Manipur	1	445,606
Manipur
DIVISION XVI.
1. Mayurbhanj	}1	1. Mayurbhanj	1	889,603
Sonepur		2. Sonepur	1	237,920
2. Patna	}1	3. Patna	1	566,924
Kalahandi		4 Kalahandi	1	513,716
3. Keonjhar	} 1	5. Keonjhar	1	460,609
Dhenkanal		6. Gangpur	1	356,674
Nayagarh		7. Bastar	1	524,721
Talcher		8. Surguja	1	501,939
Nilgiri
4. Gangpur	} 1	9. Dhonkanal	} 3	284,326
Bamra		Nayagarh		142,406
Seraikela		Seraikela		143,525
Baud		Baud		135,248
Bonai		Talcher		69,702
5. Bastar	} 1	Bonai		80,186
Surguja		Nilgiri		68,594
Raigarh		Bamra		151,047
Nandgaon
		10. Raigarh	} 3	277,569
6. Khairagarh	} 1	Khairagarh		157,400
Jashpur		Jashpur		193,698
Kanker		Kanker		136,101
Korea		Sarangarh		128,967
Sarangarh		Korea		90,886
		Nandgaon		182,380
DIVISION XVII.
States not mentioned in any of the preceding Divisions, but described in paragraph 12 of this Part of this Schedule.	2	States not mentioned in any of the preceding Divisions, but described in paragraph 12 of this Part of this Schedule.	5	3,032,197
Total population of the States in this Table :				78,981,912