History of Constitution of India

history of the constitution of india

• British came to India in 1600 as East India Company.
• They had the exclusive right to trade in India according to the charter granted by Queen Elizabeth.
• In 1765, the Company, which till now had purely trading functions obtained the ‘diwani’.
• Diwani was the rights over revenue and civil justice of Bengal, Bihar, and Orissa.

Regulating Act of 1773

Reasons

• In 1772, East India Company was in financial crisis.
• They asked a loan of 1 million pounds from British govt.
• Allegations of corruption and nepotism against company officials.
• Famine in Bengal, huge population perished.
• Dual form of administration was drawing a lot of complaints.
• Defeat of company by Mysore’s Hyder Ali in 1769.
• So, Lord North decided to overhaul the management of the Company.
• This was the first step by British government to take control of India.

Features

• The Governors of Madras and Bombay were brought under the control of Bengal.
• Governor General of Bengal.
• Executive Council of Four member.
• Restricted the Court of Directors (Civil, Revenue, Military) to four-year terms.
• A Supreme Court was established at  Fort William at Calcutta
  • Elijah Impey as Chief Justice & 3 other judge
• Supreme Court had civil and criminal jurisdiction over only British subjects, not Indian natives.
• Prohibited from Private trade and ‘native’ Bribes.
• Company dividends were limited to 6% until it repaid a £1.5m loan.

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Pitt’s India Act 1784

• Chancellor of the Exchequer to be appointed “Commissioners for the Affairs of India”.
• Separation in Commercial and political functions, system of double government.
  • 3 Court of Directors – Commercial
  • New 6 member Board of Control – Political (civil & military).
• ‘British Possession in India’ & British Government get control over company
• Governors of Bombay and Madras independence were deprived.
• British prime minister was William Pitt the Younger.
• In 1786 Lord Cornwallis passed a supplementary act.
  • 2nd governor-general of Bengal was appointed.

history of the constitution of india

Charter Act of 1793

• It declares Governor-General’s power of over-ruling his council and Governors of the subordinate presidencies.
• Company’s dividends were allowed to be raised to 10%.
• Salaries of the staff and the Board of Control were charged to the company.
• Company had to pay the British govt. Rs.5 Lakhs from the Indian revenue annually.
• Now company can grant licenses to individuals and its employees to carry on trade in India.

Charter Act of 1813

• This Act asserted the Crown’s sovereignty over British India.
• Company’s trade monopoly was ended except for the trade in tea and with China.
• This was due to Napoleon’s Continental System in Europe.
• Now local govt. can tax people under the jurisdiction of the Supreme Court.
• Allotted Rs.1 Lakh for Indian education.
• Financial grant towards the revival of Indian literature and the promotion of science.
• Permitted Christian missionaries to propagate English and Christianity.

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Charter Act of 1833

• It’s also known as Saint Helena Act 1833.
• Control of the island of Saint Helena is transferred to the Crown.
• Governor-General of Bengal became Governor General of India.
• Company’s trade with China were closed down.
• East India company became purely Administrative body.
• This act was the first step to centralize India’s administration.
• It attempted to start merit based open competition of Civil Service.
• Restrictions on European immigration and acquisition of property in India were lifted
• Law commission was established in 1834.
• Law commissioner was added to the governor general council as an ordinary Member.
• Abolition of Slavery in 1843.
• It permitted British people to settle freely in India.

Charter Act of 1853

• Separation of Legislature & Executive function
• Legislative Council became a 12 member body.
• Appointment of a separate governor for Bengal Presidency.
• Open Competition of selection of Civil Servant for Indians (Macaulay Committee).
• Local representation in Central Legislature Council form Provincial govt.
• Provincial govt. in Madras, Bombay, Bengal and Agra.
• Law member became full member with the right to vote.

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Government of India Act 1858

• Passed on 2nd Aug 1858.
• This act. called for liquidation of East India Company.
• British territories in India were to be governed directly by the British Crown.
• Governor General of India became Viceroy of India.
• New Executive Council was made to assist Viceroy.
• Viceroy and the governors of different presidencies were appointed by the Crown.
• Board of Control and Court of Directors was abolished.
• Doctrine of lapse act. was ended.
• Post of Secretary of State, a member of the British cabinet, was created.
• Indian Civil Service was created under the control of the Secretary of State.
• 15 member Council of India, an advisory body to assist him.

Indian Councils Act of 1861

• Imperial Legislative Council was created with 5 members.
• 3 members were appointed by the Secretary of State for India and 2 by the Crown.
• It started functioning as a cabinet run on the portfolio system.
• 5 Portfolio was Revenue, Military, Law, Finance, and Home.
• Viceroy can issue ordinances lasting six months if the legislative council is not in session.
• Indians nominated to the Central legislative council, Raja of Benaras, Maharaja of Patiala, and Sir Dinkar Rao.
• Decentralization of power and restored legislative powers of Bombay and Madras Presidencies.
• New Legislative Council in Bengal (1862), N-W Frontier (1886), and Punjab (1897).

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Indian Councils Act of 1892

• Members were given the right to ask questions on the budget and matters of public interest.
• But, they had to give a notice before 6 days.
• Principle of representation was introduced in Legislative Councils.
• Universities, district board, municipalities, zamindars and chambers of commerce can recommend members to provincial councils.

Indian Councils Act of 1909

• It known as Morley-Minto Reforms
• It passed on 12 March 1909.
• John Morley was Secretary of State for India
• Central Legislative Council member increased 16 to 60.
• Provincial Legislative Council member also increased.
• Elected members were added to provincial council.
• They were elected indirectly by electoral college of local bodies.
• Provincial Council now get Non-official majority.
• Members can ask supplementary questions and move resolutions on budget.
• 1st Indian in Viceroy Executive council, Satyendra Prasad Sinha as a Law member.
• 2 Indians were nominated to the Council of the Secretary of State.
• Separate Electorate for Muslims (Minto – father of Communal Electorate).

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Government of India Act 1919

• It’s called Montague – Chelmsford Reforms
• It passed on 23 Dec 1919.
• Montague was Secretary of State.
• This Act had a separate Preamble.
• It introduce office of High Commissioner for India in London.
• 3 Indian members in Viceroy’s Executive council.
• Direct Election in Country with restricted franchise.
• Extended the communal representation to Sikhs, Christians, Anglo-Indians and Europeans.
• Subjects were divided into two lists
  • Central Subjects
  • Provincial Subjects
    • Transferred Subject
    • Reserved Subject
• Bicameral legislature was set up in Central govt. with two houses
  • Upper House (Council of State)
  • Lower House (Legislative Assembly)
• Elected members of Central govt. were elected by Provincial govt.
• Post of Speaker and Deputy Speaker was introduced in Central govt.
• Only 25% of the budget was subject to vote.
• Measures to resolve deadlock between both the houses
  • Joint committees
  • Joint conferences
  • Joint sittings
• Diarchy was introduced in Provincial govt.
• 2 classes of administrators
  • Executive councilors – Reserved Subject
    • Land revenue
    • Famine relief
    • Irrigation
    • Justice
    • Law and order
    • Newspapers
    • Forests
  • Ministers – Transferred Subject
    • Education
    • Public health & works
    • Agriculture & fisheries
    • Local self governments
    • Medical services
• Separate Budget for Provinces.
• Public Service Commission established in India, 1st Oct 1926.
• Appointment of statutory body to inquire after 10 years.

Government of India Act 1935

• Received Royal assent in 24 July 1935.
• 321 sections 10 schedules
• Council of India was abolished and introduced advisory body in its place.
• Subjects were divided between 3 lists
  • Federal List – Centre
    • Reserved
    • Transferred
  • Provincial List – Provinces
  • Concurrent List – Both
• Council of Ministers in central and provincial govt.
• Diarchy started at central govt.
  • Reserved – Viceroy with the help of Executive Council
  • Transferred – Viceroy with the help of Council of Ministers
• Council of State, the Upper house was permanent body and Federal legislature was lower house
• It provides more provincial autonomy.
• Abolished Diarchy at provincial level as per the suggestion of Simon commission.
• Bicameralism in 6 provinces out of 11.
• New Sindh province was carved out from Bombay Presidency.
• Bihar and Orissa were split.
• Burma was separated from India on 1 April 1937.
• Extended the franchise about 10% of total people of India.
• Reserve Bank of India established.
• Federal, Provincial and Joint Public Service Commission
• In 1937, Federal Court was established in Delhi.
• Safeguards and protective instruments for minorities.

Indian Independence Act 1947

Background

• In 20th Feb 1947 British prime minister Clement Attlee announced Indian Independence.
• In May 1947, Mountbatten proposed a plan under which provinces are independent to choose to join constituent assembly or not. 
• This was called the ‘Dickie Bird Plan’.
• Jawaharlal Nehru, opposed it saying that it would lead to balkanization of the country.
• The plan also called Plan Balkan.
• Viceroy came up with another plan, June 3 Plan or the Mountbatten Plan.
• Plan was accepted by Congress and Muslim League.
• It was received royal assent on 18 July 1947.

• Constituent assembly could enact, repeal, and amend any law.
• Thus it was made a legislative body too.
• When it worked a legislative body it was chaired by GV Malwankar till 1949.

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Features

• Division of British India into two new dominions of India and Pakistan.
• Partition of Bengal and Punjab.
• Establishment of the office of Governor-General in each two countries.
• Transfer complete legislative authority upon Constituent Assemblies of new countries.
• Termination of British control over the princely states
• Rights to Princely states to remain independent or accede to India or Pakistan.
• Abolition of the use of the title “Emperor of India” by the British monarch.

Interim Government, 1946

• It is also known as the Provisional Government.
• It was formed in 2 September 1946.
• Congress Party won 208 seats and Muslim League won 73 seats.
• 26th Oct 1946, Muslim league joined the Interim Government
• Members of the Interim Government
  • Vice President of the Executive Council, External Affairs and Commonwealth Relations – Jawaharlal Nehru 
  • Home Affairs, Information & Broadcasting – Sardar Vallabhbhai Patel
  • Agriculture & Food: Rajendra Prasad
  • Commerce –  Ibrahim Ismail Chundrigar (ML)
  • Defence – Baldev Singh (INC)
  • Finance – Liaquat Ali Khan (ML)
  • Education & Arts – C Rajagopalachari (INC)
  • Health – Ghazanfar Ali Khan (ML)
  • Labour – Jagjivan Ram (INC)
  • Law – Jogendra Nath Mandal (ML)
  • Railways & Communications, Post and Air – Abdur Rab Nishtar (ML)
  • Works, Mines & Power – C H Bhabha (INC)