Constitutional Development of India

Update: 2025-01-26 10:34 IST
Constitutional Development of India
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The development of the Constitution in its present form has its roots in British rule.

1934 Regulating Act of 1773

• It was the first step taken by British Government to control and regulate the affairs of East India Company in India.

• It made Governor or Bengal as Governor-General of Bengal and an Executive Council (comprising of four members) was created for providing assistance to Governor-General.

• Lord Warren Hastings became first Governor-General of Bengal. The act also laid the provisions for the establishment of Supreme Court at Calcutta with one Chief Justice and three other judges. It was established in 1774 with Sir Elijah Impey appointed as the Chief Justice.

Pitt’s India Act of 1784

• Pitt’s India Act, 1784 was passed to rectify the defects of Regulating Act of 1773.

• This act separated the commercial functions of the company from political functions. Court of Directors were allotted commercial functions and a Board of Control consisting of 6 members was appointed for handling political affairs.

Charter Act of 1813

• It deprived the East India Company of its monopoly of trade with India except for tea and trade with China.

• The act regulated the company’s territorial revenue and commercial profits. It was asked to keep its territorial and commercial accounts separate. • Christian missionaries were allowed to work in India.

• A provision was made that company should invest Rs 1 Lakh/year on the education of Indians.

Charter Act of 1833

• It was passed by the British Parliament to renew the charter of East India Company.

• East India Company was no more a commercial body, all its commercial functions been taken away making it an administrative body working on behalf of the British Government.

• Governor-General of Bengal became the Governor-General of India. Lord William Bentick became the first Governor-General of India in 1833. It deprived the governor of Bombay and Madras of their legislative power.

• All the legislative powers of British India went in the hands of Governor General.

• The number of members of the Governor General’s council was again fixed to four. A law member was added in Governor General Council. Lord Macaulay was designated as the fourth member.

Charter Act of 1853

• This act introduced open competition for Indians in Civil Services.

• This act also empowered the Court of Directors either to constitute a new Presidency to appoint a lieutenant, Governor. Strength of court of directors was reduced to 18 from 24.

• Six new members were added as legislative councillors. Out of these 6 members, 4 were appointed by provincial governments.

Government of India Act, 1858

• The revolt of 1857 by Indians resulted in the end of East India Company rule, with all the powers of administration of Indian territory been taken by the British crown in its hands. Major provisions of the Act were:

• It changed the designation of Governor-General to that of Viceroy. Viceroy was representative of the British crown. • Lord Canning became first Viceroy of India, under the Act.

• It provided the Secretary of State with a 15-member council to assist him, responsible for Indian administration. He was a British Cabinet member, who was responsible to the British Parliament.

Indian Councils Act, 1861

• The Act restored the legislative powers of Madras and Bombay which were taken from them by Charter Act of 1833.

• Governor General was given the right to exercise absolute veto power and issue ordinances which could remain in force for 6 months.

• Viceroy was given the power to make rules and orders for convenient transaction of business in council. Under this, Lord Canning introduced Portfolio System which laid the foundation of Cabinet system in India.

• A Law member was added in the executive council of Governor-General.

Indian Council Act, 1892

• This Act enlarged the Governor General’s council by adding more non-official members. Though official majority was maintained, 2/5 of new members were non-officials. • The principle of Indirect elections was introduced but the word Election was not used. It gave the power of discussing the budget.

Indian Councils Act, 1909

• Lord Morely was the then Secretary of State for India and Lord Minto was the Viceroy. Hence, the act came to be known as Morley-Minto Reforms.

• The size of Legislative Councils at centre and provinces was significantly increased. The members of Governor-general’s council were increased from 16 to 60.

• Separate electorate was introduced for Muslims, introducing the communal representation.

• Elections were introduced in India for the first time, Indians were allowed in executive council of Viceroy.

• Satyendra Prasad Sinha became the first Indian member to join Viceroy’s Executive Council.

Councils were given the right to discuss any matter, move resolutions on budget and ask questions with supplementary questions but they did not have the right to vote.

Government of India Act, 1919

• Dyarchy was introduced at provincial levels i.e. the rule of two, Executive Councillors and Ministers.

• Government of provinces was accountable to legislative council of state for transferred subjects but not for reserved subjects. All the functions of government were divided into centre and state (provinces). Provinces were given more autonomy and they could legislate on all subjects related to provinces.

• Bicameral legislature was introduced at the Centre consisting Council of state (Upper House) and Centre legislative council (Lower House). • It required three out the six members in Viceroy’s executive council to be Indians except commander-in-chief.

• For the first time direct elections were introduced in India. • Separate electorate system was continued for Muslims and it was also extended to Sikhs, Christians, Europeans and Anglo-Indians.

• This Act provided for elected, nominated officials and nominated non-official’s members.

• Limited franchise was introduced in India for the first time on the basis of property, education and tax.

• The Act also provided for a Central Public Service Commission which was established in 1926.

• The persistent demand of administrative reforms led the British Government to appoint a Statutory Commission in 1927, popularly known as Simon. Bicameral Legislature in Reserve Bank of India formed Communal Representation 6 out of 11 Provinces Federal Court at Delhi with a Chief Justice and Separate Electorates Bengal, Bombay, Madras, Bihar, not more than 6 Judges in 1937 was established. Nomination provisions for United Province & Assam women, labour class, Anglo Indians, Muslims and Depressed Classes. All India Federation Comprising of British Indian Provinces and Princely States as units Establishment of Public Service Commission.

Government of India Act 1935 August Offer, 1940

• Viceroy Linlithgow issued a statement on behalf of the British government on 8 August, 1940 called as August Offer.

• Lord Linlithgow promised that after the end of second World War II, a completely responsible government on dominion model would be established in India.

• It recognised the rights of Indians to make their constitution for the first time as it stated that a constitution making body would be created.

Cripps Mission, 1942

• During the course of World War II, the coalition government in England send Sir Stafford Cripps (a member of the Cabinet) in March 1942, with a Draft Declaration which were to be adopted while framing a constitution acceptable to the two major parties in India- Congress and Muslim League.

• The proposal provided for an Indian Union comprising of all British provinces in India and the princely states and a Dominion status to India as a participant to the British Commonwealth of Nations. Clement Attlee’s Announcement Lord Clement Attlee made a historical announcement on 15 March, 1946 that Britain was ready to provide freedom to India, after transferring power into responsible hands not later than June 1948. All minorities interest will be secured. It announced that Cabinet mission was to visit India to assist Indians to determine a suitable form of government.

Shimla Conference, 1945

• All Party met on 25th June, 1945 at Shimla where 22 representatives participated under Abul Kalam Azad. Cabinet Mission (1946)

• The main objective of the Cabinet Mission plan was to find out ways and means for the peaceful transfer of power in India and to suggest measures taken for the formation of a constitution making machinery and the issue of interim government. Commission to enquire into and report on the working of Government of India Act, 1919 which submitted its report in 1930. The report was considered by a series of Round Table Conferences held at London between Dominion status concept is dead as door nail – J.L. Nehru 1930-1932 and the White Paper on constitutional reform was prepared as a result of the Conference which was passed as Government of India Act, 1935.

• Cabinet Mission comprising Lord Pethick Lawrence, Sir Stafford Cripps and Mr. Alexander arrived in India on 24th March, 1946.

Government of India Act, 1935

• This act abolished dyarchy at provinces and established dyarchy at the centre. Federal subjects were divided into transferred and reserved subjects. Reserved subjects were in the hands of Viceroy who worked with councillors and was not responsible to the legislature. Transferred subjects were administered by Viceroy on the advice of Council of Ministers responsible to the legislature. Although it never came into effect.

• A union of India comprising British India and princely states thus advocating an undivided India was conceptualized.

• A Constituent Assembly was to be elected and an interim government to be formed with the support of major parties.

• It also provided that all members of the interim cabinet would be Indians and there would be minimum interference by the Viceroy.

• It also proposed that Constituent assembly was to consist of 292 members from British India and 93 from Indian states.

• All state subjects along with residuary powers should be vested in provinces.

• The proposal of Cabinet Mission was accepted and Constituent Assembly Elections were held in July, 1946.

Mountbatten Plan (3 June, 1947)

• Lord Mountbatten came up with a partition plan known as Lord Mountbatten Plan (3 June, 1947) due to the Muslim league agitation for separate country.

• On 20th February, 1947, Clement Attlee declared that British rule in India would end by 30th June, 1948. But after Mountbatten Plan which put forward a plan for a United Hindustan and Pakistan which was accepted by Congress and Muslim League. Immediate effect was given to Mountbatten plan by enacting the Indian Independence Act, 1947. Changes introduced through Indian Independence Act, 1947 Abolition of the Governor general Sovereignty and provincial responsibility of the governors to act as British Parliament Constitutional Heads Crown, no longer Sovereignty of the Dominion Legislature remained the source of authority Indian Independence Act, 1947

• On the 15th August, 1947 (at midnight) British rule came to end and two new dominions took powers in their hands for their respective territories.

• Lord Mountbatten became first governor-general of dominion of India with J.L. Nehru as the first PM.

Framing of the Indian Constitution

• There were total 389 members out of which 292 were to be elected by provinces and 93 seats were allotted to princely states, 4 for Chief Commissioners provinces. Seats in the provinces were to be distributed among three communities i.e. Muslims, Sikhs and General in proportion to their populations.

• Finally, suggestions of Cabinet Mission (1946) were accepted and elections for the Assembly conducted in July-August, 1946.

Constituent Assembly elected according to Cabinet Mission Plan for undivided India met on 9th December, 1946 with Dr. Sachchidanand Sinha as its interim President.

After two days i.e. on 11th December, 1946, Dr. Rajendra Prasad was elected President of Constituent Assembly.

On 13th December, 1946 Objective Resolution was passed in constituent assembly which was introduced by Pt. Jawahar Lal Nehru. B.N. Rau was appointed as the Constitutional adviser.

Mountbatten Plan paved the way for two nations and a separate Constituent Assembly was formed for Pakistan. Hence, the areas which went in Pakistan i.e. East Bengal, North-West Frontier Provinces (NWFP), West Punjab, Baluchistan, Sindh and Sylhet district of Assam were no more representative in Indian Constituent Assembly. There were fresh elections in new provinces of West Bengal and East Punjab. Sylhet and NWFP decided to join Pakistan through referendum. So, when Constituent Assembly re-assemble its strength came down to 299 from 389 with 299 Indian provinces’ members and 70 princely states members.

• Constituent Assembly re-assembled on 14th August, 1947 as Sovereign Constituent Assembly. Committees on the Constituent Assembly the Constituent Assembly appointed 22 Committees to deal with different tasks of Constitution making.

Major Committees- Chairman

• Drafting Committee B.R. Ambedkar

• Union Powers Committee Pt. Jawahar Lal Nehru

• Provincial Constitution Committee Sardar Vallabh Bhai Patel

• Steering Committee Dr. Rajendra Prasad

• Committee on Fundamental Rights and Minorities Sardar Vallabh Bhai Patel • Union Constitution Committee Pt. Jawahar Lal Nehru

• States Committee Pt. Jawahar Lal Nehru

• Finance & Staff Committee Dr. Rajendra Prasad

• Constituent Assembly appointed a drafting committee of 7 members on 29 August, 1947 with Dr. Dr. B.R. Ambedkar as its Chirman. Other members were: N. Gopalswami Ayyangar, Alladi Krishnaswami Ayyar, Dr. K.M. Munshi, Mohammed Sadullah, B.L. Mitter (earlier N. Madhav Rao), D.P. Khaitan (died and replaced by T.T. Krishnamachari).

• The Assembly performed two separate functions. One, making a constitution for free India and two enacting of ordinary laws for the country.

• On 24 January, 1950, the Constituent Assembly held to find session. However, it continued as Provisional Parliament till 1952. Some Other Minor Committee Committees Chairman

• Ad-hoc Committee on National Flag Dr. Rajendra Prasad • Order of Business Committee Dr. K.M. Munshi

• Committee on the functions on the Constituent Assembly G.V. Mavlankar

• The Constituent Assembly adopted National Flag on 22nd July, 1947 while the National Anthem and the National Song were adopted on 24th January, 1950.

• The Constituent Assembly took 2 years, 11 months and 18 days to frame the Constitution and finally it was last assembled on 26th November,1949 when Constituent Assembly signed the constitution. 284 members signed the constitution. 26th January was chosen as a date for commencement of constitution because 26th January was observed as Independence Day by people after, Congress session at Lahore on 31st December, 1929 passed a resolution of complete Independence (Purna Swaraj) and declared 26th January as day of Independence.

(Source: Indian Institute of Public Administration)

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