HISTORICAL BACKGROUND OF CONSTITUTION OF INDIA

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HISTORICAL BACKGROUND OF CONSTITUTION OF INDIA

 
 
 
1. Background of the Indian Constitution
  • The Indian Constitution is the supreme law of India and was adopted on January 26, 1950. It governs the structure and functioning of the country's political system
  • The process of drafting the Indian Constitution began in December 1946 and took nearly three years to complete. It was a significant milestone in India's struggle for independence from British colonial rule.
  • From 1857 to 1947, most of India was under direct British rule. This period is commonly referred to as the British Raj, and it marked a significant phase in India's history, characterized by British colonial control and administration.
2.History evolution of the Indian Constitution
  • The historical evolution of the Indian Constitution can be traced back to the early days of British rule in India.
  • The first major step in this evolution was the Regulating Act of 1773, which established a system of government for India under the control of the British East India Company.
  • This act was followed by a number of other acts, including the Pitt's India Act of 1784, the Charter Acts of 1813 and 1833, and the Government of India Act of 1858.
  • These acts gradually increased the power of the British government in India and led to the eventual dissolution of the East India Company in 1858
  • In the early 20th century, there was a growing demand for self-government in India. This led to the Morley-Minto Reforms of 1909 and the Montague-Chelmsford Reforms of 1919, which introduced a limited degree of self-government in India. However, these reforms were not enough to satisfy the Indian people, and the demand for independence continued to grow.
  • In 1935, the British government passed the Government of India Act, which introduced a more substantial degree of self-government in India. This act created a federal system of government for India, with a central government and a number of provincial governments. The act also guaranteed certain fundamental rights to the Indian people
  • After the end of World War II, the British government began to negotiate with the Indian leaders about the future of India. In 1947, the British government granted independence to India and Pakistan. The Indian Constitution was adopted on November 26, 1949, and it came into force on January 26, 1950.
  • The Indian Constitution is a comprehensive document that sets out the fundamental principles of the Indian government. It has been amended over 100 times since it was adopted, but it still retains the basic structure that was established in 1950.
  • The Constitution of India is one of the longest written constitutions in the world, and it is a testament to the diversity and complexity of the Indian nation.
2.1.Regulating act 1773
  • The Regulating Act of 1773 was a significant piece of legislation passed by the British Parliament to regulate the administration of British territories in India. It marked the first major attempt by the British government to bring about reforms in the governance and administration of the British East India Company's affairs in India.
  • The act was prompted by several factors, including the need to address issues of mismanagement, corruption, and the aftermath of the Company's victory in the Battle of Plassey in 1757.

Key provisions of the Regulating Act of 1773:

  1. Creation of the Board of Control: The act established the Board of Control, a body of six members appointed by the British Crown, to oversee and regulate the Company's affairs in India. This was an important step in bringing the Company's administration under greater parliamentary control.

  2. Dual System of Governance: The act created a dual system of governance in India. The British Crown exercised control over the Company's political and military functions, while the Company retained control over its commercial and economic activities.

  3. Governor-General of Bengal: The act created the office of the Governor-General of Bengal and appointed Warren Hastings as the first Governor-General in 1773. The Governor-General was vested with significant powers and authority to represent the British Crown in India and act as the highest-ranking official in the Company's administration.

  4. Establishment of Supreme Court: The Regulating Act also established a Supreme Court at Calcutta (now Kolkata) in 1774. The court was tasked with administering British law and justice and had jurisdiction over British subjects residing in Calcutta and the surrounding areas.

  5. Control over Military: The act aimed to centralize control over the Company's military forces in India. It stipulated that the Governor-General would have control over the military and civil affairs of the Company's presidencies in Bengal, Bombay, and Madras.

  6. Prohibition on Private Trade: The act sought to curtail the practice of Company officials engaging in private trade. Company servants were prohibited from receiving gifts or bribes from Indian rulers and were barred from engaging in any private trade.

2.2.Pitt's India Act 1784
Pitt's India Act of 1784, formally known as the East India Company Act 1784, was an important piece of legislation passed by the British Parliament during the tenure of Prime Minister William Pitt the Younger.
The act aimed to reform the governance and administration of the British East India Company, which had a significant presence and influence in India.
The Act was a response to the shortcomings of the Regulating Act of 1773 and sought to establish a more stable and efficient system of governance for the British territories in India.
Key provisions of Pitt's India Act of 1784:

  1. Board of Control: The Act established the Board of Control, a new regulatory body in London, to oversee and guide the Company's affairs in India. The board was composed of six members of the British Privy Council, with the Chancellor of the Exchequer as its president. The President of the Board of Control had the authority to issue orders to the Company's Governors-General in India.

  2. Dual System of Governance Continued: The act retained the dual system of governance established by the Regulating Act of 1773. The Company continued to manage its commercial and economic activities, while the British Crown exercised control over political and military matters in India through the Board of Control.

  3. Appointment of Governor-General: The Act empowered the British Crown to appoint a Governor-General of India to act as the supreme authority over the Company's territories in India. The Governor-General was given the power to superintend and control all the presidencies (Bengal, Bombay, and Madras) and their respective governments.

  4. Council of the Governor-General: The act reorganized the Governor-General's Council. Instead of a single Governor-General, the council was expanded to include three additional members who were appointed to assist the Governor-General in decision-making. The Governor-General had a casting vote in case of a tie.

  5. Limitation on Governor-General's Autonomy: The Act introduced the principle of "council government," which required major decisions to be made with the consent of the majority of the Council members. This provision curtailed the unilateral power of the Governor-General and aimed to prevent abuses of authority.

  6. Fixing Tenure of Governors: The Act fixed the tenure of the Company's Governors and other key officials, ensuring that they could not be removed from office at the Company's discretion. This provision aimed to provide more stability and continuity in the administration.

2.3. Charter Act 1813
The Charter Act of 1813, also known as the East India Company Act 1813, was an important legislative enactment passed by the British Parliament to renew the charter of the British East India Company.
The charter was a legal document that granted the Company the right to continue its trading operations and maintain its territorial possessions in India.
The Act of 1813 marked a significant shift in the British government's approach to the Company's activities in India, particularly in the areas of trade, governance, and education
Key provisions of the Charter Act of 1813:

  1. End of East India Company's Trade Monopoly: One of the most significant aspects of the act was the provision that put an end to the East India Company's trade monopoly with India. The Company's monopoly had been a source of concern for Indian industries and merchants, and ending it opened up Indian markets to private British traders.

  2. Opening Trade to Private Enterprise: The act allowed British subjects to trade with India on equal terms, leading to increased competition and the influx of private merchants into Indian trade.

  3. Provisions for Christian Missionaries: The Act set aside a sum of one lakh rupees annually (100,000 rupees) to be used for the promotion of education and literature in India. A significant part of this fund was used to support the activities of Christian missionaries who sought to spread Christianity in India.

  4. Promotion of Education: In addition to supporting missionary activities, the Act laid the foundation for the promotion of education in India. It provided financial support for the establishment of schools and colleges to encourage the spread of English education.

  5. Establishment of Calcutta Madrasa: The act sanctioned the establishment of the Calcutta Madrasa, an institution focused on Islamic studies and education.

  6. Creation of a Bishopric in Calcutta: The Act also led to the creation of a bishopric in Calcutta, thereby strengthening the presence of the Anglican Church in India

2.4. Charter Act of 1833
The Charter Act of 1833 was an Act of the Parliament of the United Kingdom that renewed the charter of the East India Company for a further 20 years. The act also made a number of significant changes to the way in which the company was governed.

Key provisions of the Charter Act of 1833:

  1. Abolition of Company's Trade Monopoly: Similar to the Charter Act of 1813, the Act of 1833 reaffirmed the end of the East India Company's trade monopoly with India. It allowed free trade, enabling private British merchants to trade with India on equal terms.

  2. Establishment of the Governor-General's Council: The act reorganized the Governor-General's Council and expanded its membership. The Governor-General's Council now included four members, comprising the Governor-General and three additional members. This was a move towards collective decision-making in the administration of India.

  3. Centralization of Power in the Governor-General: While the Governor-General's Council was expanded, the act also granted the Governor-General greater powers and authority, making him the sole authority in matters of revenue, military, and foreign affairs.

  4. Creation of a Law Commission: The act established a Law Commission, consisting of legal experts from Britain, to help codify and modernize Indian laws and legal procedures.

  5. Establishment of the Indian Civil Service (ICS): The act laid the foundation for the establishment of the Indian Civil Service (ICS). The ICS became the elite administrative service that recruited British officials to serve in India. This marked a shift from the practice of appointing Company officers to the administration.

  6. Separation of Commercial and Political Functions: The act further separated the commercial and political functions of the East India Company. The Company's commercial operations were to be supervised by a separate Board of Control in London, while the Governor-General's Council in India handled political and administrative matters.

  7. Promulgation of English Education: The act aimed to promote English education in India by earmarking funds for education and focusing on the spread of Western knowledge.

  8. Abolition of Provincial Courts of Appeal: The act abolished the provincial courts of appeal that were established under the Charter Act of 1813 and vested the appellate jurisdiction in the Supreme Court of Calcutta.

2.5. Charter Act of 1853
  • The Charter Act of 1853 was an Act of the Parliament of the United Kingdom that renewed the charter of the East India Company for a further 20 years. The act also made a number of significant changes to the way in which the company was governed.
  • One of the most important changes made by the Charter Act of 1853 was the introduction of a system of open competition for the selection of civil servants. This was seen as a way of ensuring that the best people were selected for the job, regardless of their social background
  • The Charter Act of 1853 also made provisions for the establishment of a system of provincial councils in India.
  • These councils were to be composed of both British and Indian members, and they were to be given a limited degree of legislative power
  • The Charter Act of 1853 was a major turning point in the history of British rule in India. It marked the beginning of a process of reform that would eventually lead to the end of the company's rule and the establishment of an independent India.

Here are some of the key provisions of the Charter Act of 1853:

  • Introduction of a system of open competition for the selection of civil servants.
  • Establishment of a system of provincial councils in India.
  • Increased representation of Indians in the government of India.
  • Reform of the judicial system in India.
  • Expansion of education in India.

The Charter Act of 1853 was a significant milestone in the history of British rule in India. It marked the beginning of a process of reform that would eventually lead to the end of the company's rule and the establishment of an independent India.

2.6. Government of India Act 1858
The Government of India Act 1858, also known as the Indian Act 1858 or the Act for the Better Government of India, was a significant piece of legislation passed by the British Parliament in the aftermath of the Indian Rebellion of 1857 (also known as the Sepoy Mutiny or the First War of Independence). The rebellion had far-reaching consequences and resulted in the end of the rule of the British East India Company in India. As a result, the British Crown took direct control over the governance of India.

Key provisions of the Government of India Act 1858:

  1. End of the East India Company's Rule: The act effectively marked the end of the rule of the British East India Company in India. The Company's powers were transferred to the British Crown, and the administration of India was placed under the direct control of the British government.

  2. Establishment of the British Raj: With the British Crown taking over the governance of India, the term "British Raj" came into use to refer to the period of direct British rule over the Indian subcontinent.

  3. Office of the Secretary of State for India: The act created the office of the Secretary of State for India in the British Cabinet. The Secretary of State became the principal official responsible for Indian affairs in the British government.

  4. The Viceroy of India: The act replaced the Governor-General of India with the Viceroy of India. The Viceroy represented the British monarch and held significant executive powers over the administration of India.

  5. The Indian Civil Service (ICS): The act continued the establishment of the Indian Civil Service (ICS) as the elite administrative service in India. The ICS recruited British officials to serve in various administrative roles.

  6. Legislative Powers: The Viceroy's Executive Council was given legislative powers. It could now enact laws and regulations for the governance of India. However, these laws could be disallowed by the British Crown.

  7. Increased Centralization: The act aimed to centralize administrative control in India. The Viceroy and his Executive Council had authority over provincial governments and presidencies.

  8. Judicial Reforms: The act made significant changes in the judicial system, introducing the office of the High Courts in the three presidencies of Bengal, Bombay, and Madras. It also provided for the appointment of a Chief Justice and other judges for these High Courts.

2.7. Indian Councils Act, 1861
The Indian Councils Act of 1861, also known as the Councils Act 1861 or the Morley-Minto Reforms, was an important piece of legislation passed by the British Parliament to introduce significant changes in the legislative structure of British India. The act aimed to increase the involvement of Indians in the legislative process and create a limited form of representation in the legislative councils.

Key provisions of the Indian Councils Act of 1861:

  1. Expansion of Legislative Councils: The act expanded the legislative councils both at the central (Imperial Legislative Council) and provincial levels. It increased the number of non-official or nominated members in these councils.

  2. Introduction of Additional Members: The act introduced the concept of "additional members" in the legislative councils. These additional members were appointed by the Viceroy and provincial governors to represent various interest groups and communities, including landlords, merchants, and intellectuals.

  3. Limited Representation: While the act introduced a form of representation in the legislative councils, it was limited and indirect. Most members were still nominated by the British government, and only a small minority of Indians had the right to vote for or serve as representatives.

  4. Separation of Functions: The act separated the functions of the legislative councils from the executive functions of the government. The legislative councils were primarily responsible for lawmaking, while the executive functions were retained by the Viceroy and provincial governors.

  5. Budgetary Powers: The act granted the legislative councils limited financial powers. They could discuss and vote on the budget, but the final say on financial matters remained with the British government.

  6. Separate Electorates: The act introduced a system of separate electorates for Muslims. Muslims were granted the right to elect their representatives in certain constituencies reserved exclusively for them.

  7. Official Majority: The legislative councils were structured to ensure that government officials held a majority of seats, ensuring that the British government retained significant control over the legislative process.

2.8. Indian Councils Act, 1892
The Indian Councils Act of 1892 was a significant step in the direction of further political reforms in British India. It was introduced during the tenure of Lord Lansdowne as the Viceroy of India and was supported by the Secretary of State for India, Lord Morley, and the Governor-General of India, Lord Minto

Key provisions of the Indian Councils Act of 1892:

  1. Expansion of Legislative Councils: The act further expanded the legislative councils both at the central (Imperial Legislative Council) and provincial levels. It increased the number of non-official or nominated members in these councils.

  2. Introduction of Indirect Elections: The act introduced a limited system of indirect elections in certain legislative councils. Some of the non-official members were to be indirectly elected by various local bodies, such as municipalities and district boards.

  3. Limited Franchise: The right to vote in the indirect elections was restricted to certain property qualifications, which limited the franchise to a relatively small segment of the population.

  4. Separation of Functions: Similar to the previous act, the legislative councils' functions were separated from the executive functions of the government.

  5. Separate Electorates for Muslims: The act reinforced the system of separate electorates for Muslims, allowing them to elect their representatives in specific constituencies reserved exclusively for Muslims.

  6. Increased Indian Representation: While the majority of the members were still appointed by the British government, the act did increase the proportion of Indian representation in the legislative councils.

2.9. Minto-Morley reforms 1909
The Morley-Minto Reforms of 1909, also known as the Indian Councils Act of 1909, were a significant series of constitutional reforms introduced by the British government in response to growing demands for increased Indian representation in governance and administration.
The reforms were proposed by the then Secretary of State for India, John Morley, and the Viceroy of India, Lord Minto.
They marked a significant step towards constitutional development in British India and set the stage for further political advancements

Key provisions of the Morley-Minto Reforms of 1909:

  1. Increase in Legislative Councils' Size: The act enlarged the legislative councils at both the central (Imperial Legislative Council) and provincial levels by increasing the number of members.

  2. Introduction of Indirect Elections: The reforms introduced a partial system of indirect elections in certain legislative councils. Some non-official members were to be elected by various local bodies, such as municipalities, district boards, and other special interest groups.

  3. Separate Electorates for Muslims: The act reinforced the system of separate electorates for Muslims, allowing them to elect their representatives in specific constituencies reserved exclusively for Muslims. This provision was known as "communal representation" and was aimed at safeguarding Muslim interests.

  4. Franchise Expansion: The act extended the franchise, allowing a larger number of Indians to vote in the elections. However, it was still limited based on property qualifications.

  5. Devolution of Powers to Provinces: The reforms introduced the principle of "devolution," giving increased powers and responsibilities to provincial legislative councils. This marked a significant step towards decentralization of authority.

  6. Official Majority Retained: The act maintained the principle of an official majority in the legislative councils, which meant that the government still held significant control over legislative decisions.

  7. Introduction of Separate Provincial Electorates: The reforms introduced separate electorates for Sikhs, Anglo-Indians, and Europeans in certain provinces.

2.10. Montague-Chelmsford reforms 1919
The Montague-Chelmsford Reforms of 1919, also known as the Government of India Act 1919, were a significant set of constitutional reforms introduced by the British government in response to growing political demands and movements for self-rule in India.
The reforms were proposed by the Secretary of State for India, Edwin Montagu, and the Viceroy of India, Lord Chelmsford.
The act aimed to bring about significant changes in the governance and administration of British India and increase Indian participation in the political process.

Key provisions of the Montague-Chelmsford Reforms of 1919:

  1. Dyarchy at the Provincial Level: The act introduced a system of dyarchy in the provinces, dividing the provincial subjects into two categories: "reserved" and "transferred." Reserved subjects were under the direct control of the Governor and his Executive Council (comprising British officials), while transferred subjects were under the control of ministers responsible to the provincial legislative councils.

  2. Expansion of Central and Provincial Legislative Councils: The act significantly increased the size of both the central (Imperial Legislative Council) and provincial legislative councils, providing for greater representation of Indians.

  3. Introduction of Direct Elections: The reforms introduced direct elections for some members of the legislative councils, allowing a larger segment of the Indian population to participate in the electoral process.

  4. Extended Franchise: The act expanded the franchise, increasing the number of eligible voters in the elections.

  5. Separate Electorates for Minorities: The Montague-Chelmsford Reforms retained the system of separate electorates for Muslims and introduced separate electorates for other religious minorities like Sikhs and Christians.

  6. Public Service Commission: The act established a Public Service Commission to oversee and regulate the recruitment and appointments in the civil services.

  7. Creation of a Central Reserve Bank: The reforms led to the creation of the Reserve Bank of India (RBI) as the central bank of the country.

  8. Extension of Legislative Powers: The act increased the legislative powers of the central and provincial legislative councils, allowing them to debate and pass budgets, introduce laws, and question the government

2.11. Government of India Act, 1935
The Government of India Act 1935 was a significant piece of legislation passed by the British Parliament to reform the constitutional structure of British India.
It was the last major constitutional initiative taken by the British government before India gained independence in 1947.
The act aimed to introduce substantial changes in the governance of India and provide for more self-governance at the provincial level.

Key provisions of the Government of India Act 1935:

  1. Federal Structure: The act proposed a federal structure for India, dividing it into eleven provinces and grouping the remaining princely states into three categories based on their size and importance.

  2. Provincial Autonomy: The act granted considerable autonomy to the provinces. It established elected provincial legislatures, responsible for a range of transferred subjects. The provinces were given significant powers to manage their own affairs.

  3. Dyarchy Reforms: The act abolished the dyarchy system introduced in the Government of India Act 1919 and provided for a single system of governance in the provinces. However, certain important departments like finance, law, and order were still reserved subjects under the Governor's control.

  4. Federal Legislature: The act established a bicameral federal legislature at the center, consisting of the Council of State (upper house) and the Legislative Assembly (lower house). Some members of the Legislative Assembly were to be elected, while others were nominated.

  5. Limited Franchise: The act expanded the franchise, allowing a greater number of Indians to vote in the elections. However, the electorate was still relatively small, and the majority of the population remained disenfranchised.

  6. Separate Electorates: The act retained the system of separate electorates for religious minorities, such as Muslims, Sikhs, and others. This provision further entrenched communal representation.

  7. Abolition of Diarchy at the Center: The act also abolished the dyarchy at the center, allowing the federal government to take control of all subjects, including those previously under provincial control.

  8. Provincial Governors: The act retained the position of Governors in the provinces, but their powers were curtailed in favor of elected governments.

  9. Federal Reserve Bank: The act established a Reserve Bank of India (RBI) as the country's central banking institution.

2.12. Indian Independence Act, 1947
The Indian Independence Act 1947 was an act of the British Parliament that provided for the partition of British India into two separate independent dominions: India and Pakistan.
The act was a significant piece of legislation that marked the end of British colonial rule in the Indian subcontinent and paved the way for India's independence.

Key provisions of the Indian Independence Act 1947:

  1. Partition of India: The act provided for the division of British India into two separate dominions – India and Pakistan. India was intended to be a secular state with a Hindu majority, while Pakistan was established as a separate Muslim-majority state.

  2. Two Dominions: India and Pakistan were given the status of independent dominions, with the British monarch as their symbolic head. They were to have their own governments and constitutions.

  3. Governor-General: The act provided for the appointment of separate Governor-Generals for India and Pakistan. Lord Mountbatten was the last Viceroy of British India and later became the first Governor-General of independent India.

  4. Partition Boundary Commission: The act established a Partition Boundary Commission to determine the territorial demarcation between India and Pakistan.

  5. Accession of Princely States: The act allowed the princely states to choose whether to accede to India or Pakistan or remain independent. The ruler of each princely state had the option to decide the accession based on geographical contiguity and the wishes of their people.

  6. Communal Violence: The partition of India was accompanied by widespread communal violence between Hindus, Muslims, and Sikhs, resulting in the loss of millions of lives and the migration of millions of people across newly drawn borders.

  7. Effective Date: The act provided that India and Pakistan would become independent dominions on August 15, 1947.

 
 
Previous year Questions
1.Consider the following Statements (Punjab Civil Services 2018)
1. By Pitts India Act, the members of the Governor General's Council were reduced to three
2.Pitt's India Act abolished the monopoly of the Company's Indian trade
3.By Pitts India Act, through the supplementary act, the Governor General was empowered to hold the office of Commander-in-Chief in special cases
Which of the above statements is/ are correct?
A. 1 and 2
B. 3 Only
C. 1 and 3
D. 1, 2 and 3
 
Answer (C)
2. Consider the following Statements about Charter Act 1813 (UPSC CSE 2017)
1. It ended the trade monopoly of the East India Company in India except for trade in tea and trade with China
2.It asserted the Sovereignty of the British Crown over the Indian territories held by the Company
3. The revenue of India were now controlled by the British Parliament
Which of the Statements given above is/ are correct
A.1 and 2
B.2 and 3
C. 1 and 3
D. 1, 2 and 3
Answer (A)
3.The Charter Act of  1833 made the Governor-General of--------as the Governor-General of India and vested in him all civil and military powers  (SSC GD 2019)
A. Oudh State
B.Bengal
C. Berar province
D. United Province
 
Answer (B)
4. Read the following Statements with reference to the Indian Councils Act 1861 and choose the correct option: (CGPSC 2021 Prelims)
1. As a result of this act, the total number of members of the Executive Council of the Governor General became 7
2. For legislative work, the number of additional members could be a minimum of 6 and a maximum of 12
3. No differentiation was made between State and central Subjects
Which of the Above Statements is/ are correct
A. 1, 2 and 3
B. 2 and 3
C. 1 and 3
D. 1 Only
 
Answer (B)
5.Read the following Statements with reference to the Indian Councils Act 1861 and choose the correct option: (CGPSC 2021 Prelims)
1. It was implemented on 20th June 1892
2. Out of total 24 members, 5 were non-government members
3.Members were given rights to ask supplementary questions
Which of the above Statement is/ are correct
A. 1, 2 and 3
B. 1 and 2
C. 1 and 3
D. 1 Only
Answer (D)
6. Consider the following Statements about the Morley-Minto reforms of 1909: (UPSC CAPF 2016)
1. They were named after British Parliamentarians, Minto and Morley
2. They Provided for limited self-government by increasing the number of elected Indians in the Legislative Councils
3.They Contained Provisions that ensured that British Officials retained their majority in the imperial Legislative Council
Which of the Statements given above is/ are Correct
A. 1 Only
B. 2 and 3
C. 1 and 3
D. 1, 2 and 3
Answer (B)
 
 
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