¹ [5. Proclamation of Federation ofIndia

(1) It shall be lawful for His Majesty, if anaddress in that behalf has been Proclamation of presented to him by each Houseof Parliament and if the condition hereinafter mentioned is satisfied, todeclare by Proclamation that as from the day therein appointed there shall beunited in a Federation under the Crown, by the name of the Federation ofIndia,--

(a)the Provinces hereinafter called Governors' Provinces; and

(b)the Indian States which have acceded or may thereafter accede to the Federation;

andin the Federation so established there shall be included the Provinceshereinafter called Chief Commissioners' Provinces.

(2)The condition referred to is that States--

(a)the Rulers whereof will, in accordance with the provisions contained inPart II of the First Schedule to this Act, be entitled to choose not less thanfifty-two members of the Council of State; and

(b)the aggregate population whereof, as ascertained in accordance with thesaid provisions, amounts to at least one-half of the total population of theStates as so ascertained,

haveacceded to the Federation.

___________________________

1.S. 5 was substituted by ibid., as follows--

"5.Establishment of the Dominion.--(1) The Dominion of India established by theIndian Independence Act, 1947, shall as from the fifteenth day of August, 1947,be a Union comprising--

(a)the Provinces hereinafter called Governors' Provinces,

(b)the Provinces hereinafter called Chief Commissioners' Provinces,

(c)the Indian States acceding to the Dominion in the manner hereinafter provided,and

(d)any other areas that may with the consent of the Dominion be included in theDominion.

(2)The said Dominion of India is hereafter in this Act referred to as "theDominion" and the said fifteenth day of August is hereafter in this Actreferred to as "the date of the establishment of the Dominion."

¹ [6. Accession of IndianStates

(1) A State shall be deemed to have acceded tothe Federation ifHis Majesty has signified his acceptance of an,Instrument ofAccession executed by the Rulerthereof, whereby the Ruler for himself, hisheirs,and successors--

(a)declares that he accedes to the Federation as established under' thisAct, with the intent that His Majesty the King, the Governor-General of India,the Federal Legislature, the Federal; Court and any other Federal authorityestablished for the purposes of the Federation shall, by virtue of hisInstrument of Accession, but subject always to the terms thereof, and for thepurposes only of the Federation, exercise in relation to his State suchfunctions as may be vested in them by or under this Act; and

(b)assumes the obligation of ensuring that due effect is given within hisState to the provisions of this Act so far as they are applicable therein byvirtue of his Instrument of Accession:

Providedthat an Instrument of Accession may be executed conditionally on theestablishment of the Federation on or before a specified date, and in that casethe State shall not be deemed to have acceded to the Federation is notestablished until after that date.

(2)An Instrument of Accession shall specify the matters which the Ruler accepts asmatters with respect to which the federal Legislature make laws for his State,and the limitations, if any, to which the power of the Federal Legislature tomake laws for his State, and the exercise of the executive authority of theFederation in his State, are respectively to be subject.

(3)A Ruler may, by a supplementary Instrument executed by him and accepted by HisMajesty, vary the Instrument of Accession of his State by extending thefunctions which by virtue of that Instrument are exercisable by His Majesty orany Federal Authority in relation to his State.

(4)Nothing in this section shall be construed as requiring His Majesty to acceptany Instrument of Accession or supplementary Instrument unless he considers itproper so to do, or as empowering His Majesty to accept any such Instrument ifit appears to him that the terms thereof are inconsistent with the scheme ofFederation embodied in this Act:

Providedthat after the establishment of the Federation, if any Instrument has in factbeen accepted by His Majesty, the validity of that Instrument or of any of itsprovisions shall not be called in question and the provisions of this Act shall,in relation to the State, have effect subject to the provisions of theInstrument.

(5)It shall be a term of every Instrument of Accession that the provisions of thisAct mentioned in the Second Schedule thereto, may, without affecting theaccession of the State, be amended by or by authority of Parliament, but notsuch amendment shall, unless it is accepted by the Ruler in a supplementaryInstrument, be construed as extending the functions which by virtue of theInstrument are exercisable by His Majesty or any Federal Authority in relationto the State.

(6)An Instrument of Accession or supplementary Instrument shall not be valid unlessit is executed by the Ruler himself, but, subject as aforesaid, references inthis Act to the .Ruler of a State include references to any persons for the timebeing exercising the powers of the Ruler of the State, whether by reason of theRuler's minority or for any other reason.

(7)After the establishment of the Federation the request of a Ruler that his Statemay be admitted to the Federation shall be transmitted to His Majesty throughthe Governor-General, and after the expiration of twenty years from theestablishment of the Federation the Governor-General shall not transmit to HisMajesty any such request until there has been presented to him by each Chamberof the Federal Legislature, for submission to His Majesty, an address prayingthat His Majesty may be pleased to admit the State into the Federation.

(8)In this Act a State which has acceded to the Federation is referred to as aFederated State, and the Instrument by virtue of which a State has so acceded,construed together with any supplementary Instrument executed under thissection, is referred to as the Instrument of Accession of that State.

(9)As soon as may be after any Instrument of Accession or supplementary Instrumenthas been accepted by His Majesty under this section, copies of the Instrument,and of His Majesty's Acceptances thereof shall be laid before Parliament, andall courts shall take judicial notice of every such Instrument and Acceptance.

___________________________

1. Section 6 was substituted by ibid., as follows--

"6.Accession of Indian States--(1) An Indian State shall be deemed to have accededto the Dominion if the Governor-General has signified his acceptance of anInstrument of Accession executed by the Ruler thereof whereby the Ruler onbehalf of the State:--

(a)declares that he accedes to the Dominion with the intent that the.Governor-General, the Dominion Legislature, the Federal Court and any otherDominion authority established for the purposes of the Dominion shall, by virtueof his Instrument of Accession, but subject always to the terms thereof, and forthe purposes only of the Dominion, exercise in relation to the State suchfunctions as may be vested in them by order under this Act; and

(b)assumes the obligation of ensuring that due effect is given within the State tothe provisions of this Act so far as they are applicable therein by virtue ofthe Instrument of Accession.

(2)An Instrument of Accession shall specify the matters which the Ruler accepts asmatters with respect to which the Dominion Legislature may make laws for theState, and the limitations, if any, to which the power of the DominionLegislature to make laws for the State, and the exercise of the executiveauthority of the Dominion in the State, are respectively to be subject.

(3)A Ruler may, by a supplementary Instrument executed by him and accepted by theGovernor-General, vary the Instrument of Accession of his State by extending thefunctions which by virtue of that Instrument are exercisable by any Dominionauthority in relation to his State.

(4)References in this Act to the Ruler of a State include references to any personsfor the time being exercising the powers of the Ruler of the State, whether byreason of the Ruler's minority or for any other reason.

(5)In this Act a State which has acceded to the Dominion is referred to as anAcceding State and the Instrument by virtue of which a State has so acceded,construed together with any supplementary Instrument executed under thissection, is referred to as the Instrument of Accession of that State.

(6) As soon as may be after any Instrument ofAccession or supplementary Instrument has been accepted by the Governor-Genera]under this section, copies of the Instrument and of the Governor-General'sacceptance thereof shall be laid before the Dominion Legislature and all courtsshall take judicial notice of every such Instrument and acceptance."