45
United States. This was the result of course which
political struggle had taken place in India. Although
the Indian constitution derives its legal authority
from
the
Indian
Independence
Act,
1947,
which
conferred on the Constituent Assembly the power to
frame the constitution, the Founders were influenced
by
the
result
of
struggle
for
political
freedom.
Section 102 of the Government of India Act, 1935 gave
statutory recognition to the fact that in times of
war
the
Federal
legislate
even
provincial
Government
on
should
subjects
legislation.
Two
of
other
have
power
to
the
exclusive
characteristic
features of Indian constitution may be noticed here,
and
both
of
them
have
been
taken
over
from
the
Government of India Act, 1935. The first relates to
the legislative powers of the Chief Executive on the
Union and in the States, and the second relates to
the failure of the constitutional machinery. Section
42 of the Government of India Act, 1935, empowered
the Governor General to promulgate Ordinances during
the recess of the Federal legislature; and Section 88
of
that
Act
empowered
the
Governor
to
promulgate