# Definition of 'Central Government' — Section 3(8)

## Statutory Framework

The definition is split based on timing: before vs after the commencement of the Constitution (26th January, 1950).

## Part (a) — Before Commencement of Constitution

'Central Government' shall mean the Governor General in Council, and shall include:

(i) In relation to functions entrusted to the Government of a Province

(ii) In relation to the administration of a Chief Commissioner's Province

## Part (b) — After Commencement of Constitution

'Central Government' shall mean the President, and shall include:

(i) State Government — in relation to functions entrusted under the Constitution to the Government of a State, acting within the scope of authority

(ii) Part C State Administration — Chief Commissioner, Lieutenant Governor, Government of neighbouring State, or other authority, acting within the scope of authority — in relation to administration of a Part C state before commencement of the Constitution (Seventh Amendment) Act, 1956

(iii) Union Territory Administrator — acting within scope of authority under Article 239 of the Constitution

## Important Date

> The Constitution (Seventh Amendment) Act, 1956 came into force on 1st January, 1956.

This amendment abolished the classification of States into Parts A, B, C, D and reorganized them.

## Classification of States in Original Constitution (1950)

The new Constitution (26 Jan 1950) made India a sovereign democratic republic and 'Union of States'. Between 1947–1950, princely states were politically integrated into the Indian Union.

### Four Categories of States/Territories

#### Part A States (9)

Origin: Former Governors' Provinces of British India
Governed by: Governor (appointed by President) + Elected State Legislature
List: Assam, Bihar, Bombay, Madhya Pradesh (formerly Central Provinces and Berar), Madras, Orissa, Punjab (formerly East Punjab), Uttar Pradesh (formerly United Provinces), West Bengal

#### Part B States (8)

Origin: Former princely states or groups of princely states
Governed by: Rajpramukh (usually ruler of constituent state, appointed by President) + Elected Legislature
List: Hyderabad, Jammu and Kashmir, Madhya Bharat, Mysore, Patiala and East Punjab States Union (PEPSU), Rajasthan, Saurashtra, Travancore-Cochin

#### Part C States (10)

Origin: Former Chief Commissioners' Provinces + some princely states
Governed by: Chief Commissioner (appointed by President)
List: Ajmer, Bhopal, Bilaspur, Coorg, Delhi, Himachal Pradesh, Cutch, Manipur, Tripura, Vindhya Pradesh

#### Part D Territory (1)

Origin: Sole Part D territory
Governed by: Lieutenant Governor (appointed by Central Government)
List: Andaman and Nicobar Islands

## Summary Table

Period	Central Government Means	Includes
Pre-Constitution	Governor General in Council	Government of Province; Chief Commissioner's Province administration
Post-Constitution	President	State Government (entrusted functions); Part C administration (pre-1956); UT administrator (Article 239)

Worked example

### Example 1

Q: Who is the 'Central Government' under Section 3(8) of the General Clauses Act after the commencement of the Constitution?

A: After commencement of the Constitution (26 Jan 1950), 'Central Government' means the President. It also includes: (i) a State Government in relation to functions entrusted under the Constitution to the State Government; (ii) the Chief Commissioner/Lieutenant Governor/neighbouring State Government for the administration of a Part C state before the Seventh Amendment, 1956; and (iii) the administrator of a Union Territory acting under Article 239.

### Example 2

Q: Name the four parts into which the original Constitution classified Indian States. Give two examples of Part B states.

A: The four classifications were Part A (former Governors' Provinces, e.g., Bombay, Madras), Part B (former princely states, e.g., Hyderabad, Mysore), Part C (former Chief Commissioners' provinces, e.g., Delhi, Himachal Pradesh) and Part D (Andaman and Nicobar Islands). Two examples of Part B states are Hyderabad and Jammu & Kashmir.

### Example 3

Q: When did the classification of states into Parts A, B, C, D end?

A: It ended with the Constitution (Seventh Amendment) Act, 1956, which came into force on 1st January, 1956. This amendment reorganized states and abolished the Part A/B/C/D classification.

⚠️ Common exam mistakes

Believing 'Central Government' always means only the President — pre-Constitution it meant Governor General in Council
Confusing 'State Government' as never being part of 'Central Government' — it IS included for entrusted functions
Mixing up the dates: Constitution (26-1-1950) vs Seventh Amendment (1-1-1956)
Not remembering Article 239 (Union Territory administration) connection

Bare-Act text Section 3(8) · The General Clauses Act, 1897 · click to expand

'Central Government' shall — (a) in relation to anything done before the commencement of the Constitution, mean the Governor General in Council, and shall include (i) in relation to functions entrusted to the Government of a Province, and (ii) in relation to the administration of a Chief Commissioner's Province; AND (b) in relation to anything done or to be done after the commencement of the Constitution, mean the President; and shall include (i) the State Government in relation to functions entrusted to the State; (ii) the Chief Commissioner/Lt. Governor/neighbouring State Government/other authority for Part C state administration before the Constitution (Seventh Amendment) Act, 1956; (iii) the administrator of a Union Territory acting under Article 239.

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Definition of 'Central Government' [Section 3(8)] and Pre/Post-Constitution Structure

Worked example

⚠️ Common exam mistakes