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Constitutional Development of India

Polity pointers

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20 views6 pages

Constitutional Development of India

Polity pointers

Uploaded by

vikas verma
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

A.

​ Constitutional Development of India:

1. Early British Acts (Pre-1858)

●​ Regulating Act, 1773​

○​ The first British parliamentary act to regulate the East India Company's affairs.
○​ The Governor of Bengal became the Governor-General of Bengal (Warren Hastings).
○​ A Supreme Court was established in Calcutta in 1774 with Sir Elijah Impey as the
Chief Justice.
○​ This Act marked the first time the British government intervened in the company's
territorial administration in India.
●​ Pitt's India Act, 1784​

○​ A Board of Control was established to supervise civil, military, and revenue affairs,
bringing the company's political actions under direct British government control.
○​ The Court of Directors retained its authority over commercial affairs, creating a dual
system of control.
○​ This Act also designated the Company's territories in India as "British possessions in
India."
●​ Charter Act, 1813​

○​ Ended the East India Company's monopoly on trade in India, except for the trade in
tea and with China.
○​ The Act allocated ₹1 lakh annually for the promotion of education, marking the first
time the British government showed responsibility for education in India.
○​ It also allowed Christian missionaries to enter India.
●​ Charter Act, 1833​

○​ The Governor-General of Bengal was designated the Governor-General of India


(Lord William Bentinck was the first).
○​ This Act made the Governor-General of India the supreme legislative authority.
○​ It was a major step toward the centralization of administration and ended the
Company's commercial activities completely, making it a purely administrative body.
●​ Charter Act, 1853​

○​ Introduced an open competition system for the recruitment of civil servants.


○​ This Act formally separated the legislative and executive functions of the
Governor-General's Council.
○​ It also gave the Indian Civil Service an independent character.

2. Post-1857 Developments

●​ Government of India Act, 1858


○​ This Act was passed in the wake of the 1857 Revolt to assume direct control.
○​ The Viceroy of India (Lord Canning was the first) was appointed as the direct
representative of the British Crown.
○​ The Secretary of State for India and a 15-member Council of India were created to
assist him.
○​ This Act officially abolished the East India Company.

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3. Indian Councils Acts

●​ Indian Councils Act, 1861​

○​ This Act initiated the process of decentralization by restoring legislative powers to the
Bombay and Madras Presidencies.
○​ It also introduced Indians into the law-making process for the first time by nominating
non-official members to the legislative councils.
●​ Indian Councils Act, 1909 (Morley-Minto Reforms)​

○​ Introduced the system of separate electorates for Muslims, which is often considered
a divisive measure. Lord Minto was hailed as the "Father of Communal Electorates."
○​ It allowed for limited discussion on financial matters (budgets) in the councils.
●​ Government of India Act, 1919 (Montagu-Chelmsford Reforms)​

○​ Introduced Diarchy in the provinces, a dual system of government where "transferred


subjects" (e.g., education, health) were managed by ministers responsible to the
legislative council, while "reserved subjects" (e.g., law and order, finance) were under
the direct control of the Governor and his executive council.
○​ It introduced a bicameral legislature at the center.

4. Government of India Act, 1935

●​ Key Provisions:
○​ Proposed an All-India Federation of provinces and princely states, though this part
was never implemented due to the states' reluctance.
○​ It abolished Diarchy in the provinces and introduced Provincial Autonomy, allowing
provinces to be governed by ministers responsible to the provincial legislatures.
○​ It divided legislative powers into three lists: Federal, Provincial, and Concurrent.
○​ The Act also provided for the establishment of a Federal Court in 1937 and a Federal
Public Service Commission.

5. Steps Toward Independence

●​ Nehru Report (1928)​

○​ This report was a response to the challenge from the British Secretary of State, Lord
Birkenhead, who claimed Indians could not draft a constitution.
○​ It advocated for Dominion Status and not complete independence.
○​ It proposed a list of 19 Fundamental Rights and rejected the system of separate
electorates.
●​ August Offer (1940)​

○​ This offer, made by Viceroy Lord Linlithgow, was rejected by the Indian National
Congress as it did not promise a Constituent Assembly or immediate
self-government.
○​ It did, however, promise to give "due weight" to the views of minorities.
●​ Cripps Mission (1942)​

○​ The mission was led by Sir Stafford Cripps and aimed to secure Indian cooperation in
World War II.
○​ It proposed that a Constituent Assembly would be formed to draft a new constitution
after the war.

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○​ This was the first time a written Constitution for India was officially mentioned.
●​ Cabinet Mission Plan (1946)​

○​ The Mission, comprising three members (Lord Pethick-Lawrence, Sir Stafford Cripps,
and A.V. Alexander), rejected the idea of Pakistan.
○​ It proposed a Constituent Assembly and a loose three-tier federal structure with
provincial groupings.
●​ Interim Government (1946)​

○​ Formed on September 2, 1946, the government was led by Jawaharlal Nehru.


○​ It included members from both the Indian National Congress and the Muslim League
(who joined later).
○​ Sardar Vallabhbhai Patel was the Home Minister, and Dr. Rajendra Prasad was the
Minister for Food and Agriculture.

6. Indian Independence Act, 1947

●​ Key Provisions:
○​ This Act, based on the Mountbatten Plan, led to the partition of British India into two
independent dominions: India and Pakistan.
○​ The office of the Secretary of State for India was abolished, and the two new nations
were given the power to legislate for themselves.
○​ It ended British control over the princely states, giving them the option to join either
dominion or remain independent.

B.​ Indian Constituent Assembly:

Establishment: The Constituent Assembly of India was set up under the recommendations of the
Cabinet Mission Plan of May 16, 1946.

Idea's Origin: The idea for a Constituent Assembly was first proposed by M.N. Roy in 1934.

First Meeting: The first meeting took place on December 9, 1946.

●​ Attendees: 207 representatives, including 9 women.


●​ Interim President: Dr. Sachchidananda Sinha, the oldest member, presided over the first
meeting.

Permanent President: Dr. Rajendra Prasad was elected as the President of the Assembly on
December 11, 1946.

Total Strength: The Constituent Assembly's total strength was to be 389 members.

●​ Seats were allotted based on population, with roughly one seat per one million people.

Members' Selection: Members were elected by the Legislative Assemblies of the various provinces
using proportional representation with a single transferable vote.

Key Committees and Chairpersons

Committee Name Chairperson

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Drafting Committee Dr. B.R. Ambedkar

Union Powers Committee Jawaharlal Nehru

Union Constitution Committee Jawaharlal Nehru

Provincial Constitution Committee Sardar Vallabhbhai Patel

Advisory Committee on Fundamental Rights, Minorities, Sardar Vallabhbhai Patel


and Tribal and Excluded Areas

Committee on the Rules of Procedure Dr. Rajendra Prasad

Steering Committee Dr. Rajendra Prasad

Ad hoc Committee on the National Flag Dr. Rajendra Prasad

Fundamental Rights Sub-Committee J.B. Kripalani

Minorities Sub-Committee H.C. Mookherjee

Constitutional Adviser B.N. Rau

The Drafting of the Constitution

●​ Original Draft: The first draft of the Constitution was prepared by B.N. Rau.
●​ Drafting Committee Formation: The Drafting Committee was set up on August 29, 1947,
under the chairmanship of Dr. B.R. Ambedkar.
●​ Committee Members: The Drafting Committee had a total of seven members:
○​ Dr. B.R. Ambedkar (Chairman)
○​ Alladi Krishnaswami Ayyar
○​ N. Gopalaswami Ayyar
○​ K.M. Munshi
○​ Mohammad Saadulla
○​ B.L. Mitter (later replaced by N. Madhav Rau)
○​ D.P. Khaitan (later replaced by T.T. Krishnamachari)
●​ Time Taken: It took the Constituent Assembly 2 years, 11 months, and 18 days to frame the
Constitution.
●​ Sessions: The Assembly held 11 sessions, covering a total of 165 days, with 114 days
dedicated to considering the draft.
●​ Last Meeting: The last meeting of the Constituent Assembly was held on January 24, 1950,
where members appended their signatures. A total of 284 members signed the Constitution.

Key Dates

●​ First Meeting: December 9, 1946


●​ Adoption of National Flag: July 22, 1947
●​ Appointment of Drafting Committee: August 29, 1947
●​ Constitution Adopted and Enacted: November 26, 1949
●​ Constitution Commenced (came into force): January 26, 1950

Notable Quotes and Figures

●​ Granville Austin: Stated, "The Assembly was the Congress and the Congress was India," in
his book The Indian Constitution.

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●​ Sardar Vallabhbhai Patel: Made the statement, "Can you show me one free country where
there are separate electorates? ...The British element is gone, but they have left mischief
behind," during the Assembly debates.
●​ Dr. B.R. Ambedkar: Served as India's first Law Minister after independence.

C.​ Indian Constitution and Their Sources

1. Borrowed from Australia

●​ Concurrent List: The concept of a Concurrent List, where both the Union and State
governments can legislate, was taken from the Australian Constitution.
●​ Language of the Preamble: The wording and spirit of the Preamble, particularly the ideals of
liberty, equality, and fraternity, were influenced by the Australian Constitution.
●​ Provisions Regarding Commerce and Trade: The constitutional provisions related to
freedom of trade, commerce, and intercourse were adopted from Australia.
●​ Joint Sitting of Two Houses of Parliament: The provision for a joint sitting of the Lok Sabha
and Rajya Sabha to resolve a deadlock on a bill was also borrowed from Australia.

2. Borrowed from Canada

●​ Federation with a Strong Centre: India's federal structure, where the Union government has
more power than the states, is modeled on the Canadian Constitution.
●​ Distribution of Powers: The system for distributing legislative powers between the Union
and the States is derived from Canada.
●​ Residuary Powers with the Centre: The concept that any powers not explicitly listed in the
Union, State, or Concurrent Lists belong to the Union government was taken from Canada.
●​ "Union of States" Concept: The phrase "Union of States" in the Indian Constitution is also
inspired by the Canadian Constitution (British North-American Act).

3. Borrowed from the United Kingdom

●​ Parliamentary System: The Indian parliamentary form of government, including the


President as a nominal head, is based on the British model.
●​ Bicameral Parliament: The concept of a two-house parliament, consisting of the Rajya
Sabha (Council of States) and the Lok Sabha (House of the People), comes from the U.K.
●​ Single Citizenship: The provision for a single citizenship for the entire country was adopted
from the U.K.
●​ Prerogative Writs: The power to issue writs (Habeas Corpus, Mandamus, etc.) to enforce
fundamental rights is borrowed from British law.

4. Borrowed from the United States of America

●​ Fundamental Rights: The chapter on Fundamental Rights (Part III) was adopted from the
U.S. Constitution's Bill of Rights.
●​ Written Constitution and Preamble: The concept of having a written constitution and the
Preamble was taken from the U.S.
●​ Judicial Review: The power of the Supreme Court and High Courts to examine the
constitutionality of laws and executive orders is borrowed from the U.S.
●​ Independence of the Judiciary: The principle of an independent judiciary, separate from the
executive and legislature, is a key feature adopted from the U.S.

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●​ Impeachment of the President and Removal of Judges: The procedures for the removal of
the President and Supreme and High Court Judges were also adopted from the U.S.

5. Borrowed from Ireland

●​ Directive Principles of State Policy (DPSP): The concept of non-justiciable principles


intended for the state's governance was taken from the Irish Constitution.
●​ Nomination of Members to Rajya Sabha: The method for nominating members to the Rajya
Sabha based on their talent, experience, and service was inspired by Ireland.
●​ Election of the President: The procedure for the election of the President is also modeled
on the Irish Constitution.

6. Other Key Borrowings

Country Borrowed Features

Germany Suspension of Fundamental Rights during an Emergency.

Russia (USSR) Fundamental Duties and the concept of Five-Year Plans.

France Concept of a Republic and the ideals of Liberty, Equality, and Fraternity in the
Preamble.

South Africa Procedure for Amendment of the Constitution and the election of members of
the Rajya Sabha.

Japan The concept of "Procedure Established by Law."

Common questions

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Provincial autonomy, introduced by the Government of India Act, 1935, marked a major devolution of powers from central to provincial governments, allowing elected Indian ministers to govern local matters previously under British officials. This autonomy was a step toward self-governance, encouraging political participation and responsibility. However, the overall structure retained central control, diminishing the full impact. Nevertheless, it set precedents for federal governance in post-independence India .

The Regulating Act of 1773 was significant as it marked the first time the British government directly intervened in the East India Company's territorial administration in India. It elevated the Governor of Bengal to the Governor-General of Bengal, granting more centralized authority under Warren Hastings. Additionally, it established a Supreme Court at Calcutta in 1774 with Sir Elijah Impey as Chief Justice, laying the foundation for a judicial system under British oversight .

The Constituent Assembly, formed under the Cabinet Mission Plan, was critical as it guided the creation of India's Constitution. It consisted of members elected by provincial legislatures through proportional representation, ensuring diverse representation. Key committees, especially the Drafting Committee chaired by Dr. B.R. Ambedkar, played decisive roles in shaping fundamental rights, governance structures, and power allocation. The Assembly's deliberations, from December 9, 1946, to its last session on January 24, 1950, ensured a Constitution balancing India's socio-political aspirations and global influences .

The Indian Councils Act of 1909, also known as the Morley-Minto Reforms, introduced the concept of separate electorates for Muslims, fundamentally altering Indian political dynamics by institutionalizing communal representation, which some argue sowed divisive seeds. While it allowed for limited discussion of budgets and other matters in councils, the distinct representation for Muslims led to increasing communal identities and division, giving Lord Minto the epithet "Father of Communal Electorates." It thus marked a significant shift towards identity-based politics .

The Indian Independence Act of 1947 marked the formal end of British rule in India, resulting in the partition and creation of two independent dominions: India and Pakistan. It abolished the Secretary of State for India, transferring legislative power entirely to the new nations. The act allowed princely states to choose accession to either dominion or remain independent, significantly changing the political map of the region. It symbolized British decolonization trends post-World War II, reflecting global pressures and the culmination of Indian nationalist movements .

The Indian Constitution incorporates elements from several foreign constitutions, ensuring a comprehensive legal framework responsive to Indian needs. It adopted the parliamentary system from the U.K., federalism with a strong center from Canada, and the concept of fundamental rights from the U.S. The directive principles were inspired by the Irish Constitution. These borrowings provided tested governance mechanisms, achieving adaptability while allowing Indian-specific modifications suited to its diverse socio-political landscape .

The Nehru Report of 1928 was a response to the challenge posed by Lord Birkenhead, who doubted India's ability to formulate a constitution. It sought Dominion Status for India rather than complete independence, advocating constitutional self-governance within the British Empire. It laid out 19 Fundamental Rights, notably rejecting the system of separate electorates, arguing instead for joint electorates with reservation of seats for minorities in legislatures .

The Government of India Act, 1858, was pivotal as it officially ended the rule of the East India Company and transferred the administration of India directly to the British Crown following the 1857 Revolt. It established the position of the Viceroy of India, with Lord Canning as the first, acting as the Crown's direct representative in India. Additionally, it created the office of the Secretary of State for India, assisted by a Council of India, to manage Indian affairs from London, marking the inception of direct colonial rule .

Pitt's India Act of 1784 created a dual control system whereby a Board of Control was established to oversee the civil, military, and revenue affairs of the company, thereby bringing the political activities of the East India Company under direct British government control. The Court of Directors retained control over commercial activities, which maintained the company's business interests while political actions became accountable to the British Parliament. Furthermore, the Act declared the company's territories in India as "British possessions" .

The Government of India Act, 1935, was a comprehensive document that proposed an All-India Federation, though this was never fully realized due to the lack of support from princely states. It abolished the dual governance system, or Diarchy, in provinces, introducing Provincial Autonomy, which allowed elected ministers to manage provinces under the scrutiny of provincial legislatures. Additionally, the Act divided powers into Federal, Provincial, and Concurrent Lists and established a Federal Court, significantly decentralizing administrative authority while retaining British control at the center .

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