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Historical Background of Indian constitution -:

(1) Regulating ACT 1773 (Warren Hasting)

Ø  First step of central administration in India. Final step will CHARTER ACT’1833.

Ø   It designated the Governor of Bengal as the ‘Governor-General of Bengal’ (Warren Hastings) and created an Executive Council of 4 members to assist him.

Ø  It established a Supreme Court at Calcutta (1774) with 1 chief justice and 3 other judges.

Ø  it prohibited the servants of the Company from engaging in any private trade or accepting presents or bribes from the ‘natives’.

Ø  It establishes Court of Directors (governing body of the Company) to report on its revenue, civil, and military affairs in India.

Ø  The whole scheme was based on checks and balances.

Amendment 1781 (ACT of Settlement)

Ø  The jurisdiction of the Supreme Court was defined—within Calcutta.

Ø  servants of the government were immune if they did anything while discharging their duties

(2) Pitt’s India Act of 1784

Ø  It distinguished between the commercial and political functions of the Company.

Ø   Dual Government -: It allowed the Court of Directors to manage the commercial affairs but created a new body called Board of Control to manage the political affairs. Thus, it established a system of double government.

Ø   First time company territories called the British possessions in India.

(3) The Charter Act of 1793

Ø  The Company was empowered to give licenses to individuals as well as the Company’s employees to trade in India. The licenses, known as ‘privilege’ or ‘country trade’,

Ø  The revenue administration was separated from the judiciary functions and this led to disappearing of the Maal Adalats.

Ø  The Home Government members were to be paid out of Indian revenues which continued up to 1919.

Ø   Act renewed the Company’s commercial privileges for next 20 years..

(4) The Charter Act of 1813

the business interests were pressing for an end to the Company’s monopoly over trade in India because of a spirit of laissez-faire and the continental system by Napoleon by which the European ports were closed for Britain.

Ø  The Company’s monopoly over trade in India ended, but the Company retained the trade with China and the trade in tea.

Ø  Christian missionaries were also permitted to come to India and preach their religion.

Ø   Responsibility for education A sum of 1 lakh rupees was to be set aside for the revival, promotion and encouragement of literature, learning and science among the natives of India, every year.

Ø   Act renewed the Company’s commercial privileges for next 20 years..

(5) Charter Act of 1833 (William Bentick)

Ø  It made the Governor-General of Bengal as the Governor-General of India (William bentick)

Ø   It deprived the governor of Bombay and Madras of their legislative powers. The Governor-General of India was given exclusive legislative powers for the entire British India.

Ø  All LAW till this called Regulation now LAW will called ACTS.

Ø  The Company’s monopoly over trade with China and in tea also ended.

Ø   Introduce a system of open competition for selection of civil servants, No Indian citizen was to be denied employment under the Company on the basis of religion, colour, birth, descent, etc. (negated after opposition from the Court of Directors.)

Ø  Slavery was abolished in 1843.

Ø  ended the activities of the East India Company as a commercial body, which became a purely administrative body. It provided that the company’s territories in India were held by it ‘in trust for His Majesty, His heirs and successors’.

Ø  Act renewed the Company’s commercial privileges for next 20 years..

(6) Charter Act of 1853

Ø  It separated, legislative and executive functions of the Governor-General’s council.

Ø  it established a separate 6-member body (Local representation) of Governor-General’s legislative council which came to be known as the Indian (Central) Legislative Council.

Ø  4 members were appointed from Madras, Bombay, Bengal and Agra

Ø  It introduced an open competition system of selection and recruitment of civil servants., the Macaulay Committee (the Committee on the Indian Civil Service) was appointed in 1854.

Ø  it did not specify time any particular period, unlike the previous Charters.

REVOLT OF 1857

(7) The Act for Better Government of India, 1858

Ø  Abolished the East India Company, and transferred the powers of government, territories and revenues to the British Crown.

Ø  It ended the system of double government by abolishing the Board of Control and Court of Directors.

Ø  It changed the designation of the Governor-General of India to that of Viceroy of India. He (viceroy) was the direct representative of the British Crown in India. Lord Canning thus became the first Viceroy of India.

Ø  It created a new office, Secretary of State for India (member of the British cabinet). (Lord Stanley). And established a 15-member Council of India to assist the secretary of state

(8) Indian Councils Act of 1861

Ø  The portfolio system introduced by Lord Canning laid the foundations of cabinet government in India.

Ø   It allow viceroy to nominate some Indians as non-official members of his expanded council. then viceroy, nominated 3 Indians-: Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao.

Ø   It initiated the process of decentralization by restoring the legislative powers to the Bombay and Madras Presidencies. Opposite to Regulating Act of 1773 .

Ø  It established new legislative councils for Bengal-1862, North-Western Frontier Province (NWFP) -1866 and Punjab-1897.

Ø   It empowered the Viceroy to issue ordinances, during an emergency. The life of such an ordinance was six months.

(9) Indian Councils Act of 1892

Congress was founded (1885) . The Congress saw reform of the councils as the “root of all other reforms”. Congress demand councils be expanded for non-official members.

Ø  It increased the number of additional (non-official) members in the Central and provincial legislative councils,

Ø  Principle of representation. It provided nomination of some non-official members of

     (a) Central Legislative Council by the viceroy on the recommendation of the provincial legislative councils and the Bengal Chamber of Commerce,

     (b) Provincial legislative councils by the Governors on the recommendation of the district boards, municipalities, universities, trade associations, zamindars and chambers.

Ø    It increased the functions of legislative councils and gave them the power of discussing the budget and addressing questions to the executive (6 day advance notice).

Ø  Indirect election was accepted in non-official seats both in the Central and provincial legislative councils. The word “election” not used in the act.

(10) Indian Councils Act of 1909

Morley-Minto Reforms-:

(Morley was Secretary of State & Lord Minto was Viceroy of India)

Ø   Introduction of separate electorates for Muslims . Muslim members were to be elected only by Muslim voters.

Ø  Lord Minto came to be known as the Father of Communal Electorate.

It also provided for the separate representation of presidency corporations, chambers of commerce, universities and zamindars.

Ø  It increased the size of the legislative councils, both Central and provincial. Central Legislative Council member raised from 16 to 60. members in the provincial legislative councils was not uniform.

Ø  It retained official majority in the Central Legislative Council but allowed the provincial legislative councils to have non-official majority.

Ø   Members were allowed to ask supplementary questions, move resolutions on the budget.

Ø   First time Indians allowed with the executive Councils of the Viceroy and Governors. Satyendra Prasad Sinha (Law member) first Indian to join the Viceroy’s Executive Council.

(11) Government of India Act of 1919

Montagu-Chelmsford Reforms-:

(Montagu was the Secretary of State & Chelmsford was the Viceroy of India).

extended the principle of communal representation by providing separate electorates for Sikhs, Indian Christians, Anglo-Indians and Europeans.

Ø  It relaxed the central control over the provinces by demarcating and separating the central and provincial subjects. It further divided the provincial subjects into two parts—transferred and reserved.

The transferred subjects were to be administered by the governor with the aid of ministers.

The reserved subjects, administered by the governor and his executive council without being responsible to the legislative Council.

This dual scheme of governance was known as ‘dyarchy’ (double rule.)

Ø   It introduced, bicameralism and direct elections in the country. so Indian Legislative Council was replaced by Upper House (Council of State) and Lower House (Legislative Assembly).

Ø  3 member (total 6)  in  Viceroy’s executive Council (other than the commander-in-chief) willbe Indian.

Ø  It granted franchise to people on the basis of property, tax or education.

Ø   It created a new office of the High Commissioner for India in London and transferred to him some of the functions hitherto performed by the Secretary of State for India.

Ø   Central Public Service Commission was set up in 1926 for recruiting civil servants

Ø   It separated, provincial budgets from the Central budget and authorised the provincial legislatures to enact their budgets.

Ø   It provided for the appointment of a statutory commission to inquire into and report on its working after ten years of its coming into force. (SIMON COMMISSION)

(12) Government of India Act of 1935

Ø  It further extended the principle of communal representation by providing separate electorates for depressed classes (scheduled castes), women and labour (workers).

Ø  All-India Federation - provinces and princely states as units. The Act divided the powers between the Centre and province three lists—Federal List (59 items), Provincial List (54 items) and the Concurrent List (for both, 36 items). Residuary powers were given to the Viceroy. federation never came into being because princely states did not join it.

Ø   It abolished dyarchy in the provinces and introduced ‘provincial autonomy’. This came into effect in 1937 and was discontinued in 1939.

Ø  adoption of dyarchy at the Centre. Consequently, the federal subjects were divided into reserved subjects and transferred subjects. Not applied.

Ø  It introduced bicameralism in six out of eleven provinces. (Bengal, Bombay, Madras, Bihar, Assam and the United Provinces ).

Ø  It abolished the Council of India, established by the Government of India Act of 1858. The secretary of state for India was provided with a team of advisors.

Ø   It extended franchise. About 10% of the total population got the voting right.

Ø   It provided for the establishment of a Reserve Bank of India to control the currency and credit of the country.

Ø  establishment of a Federal , Provincial and Joint Public Service Commission for two or more provinces.

Ø   It provided for the establishment of a Federal Court, which was set up in 1937.

(13) India Independence ACT 1947

Ø  British rule end and India declared independent and sovereign state from August 15,1947.

Ø  partition of India and creation of two independent dominions of India and Pakistan.

Ø   It abolished the office of viceroy & secretary of state and provided, for each dominion, a governor-general, who was to be appointed by the British King on the advice of the dominion cabinet. His Majesty’s Government in Britain was to have no responsibility with respect to the Government of India or Pakistan.

Ø  It empowered the Constituent Assemblies of the two dominions to frame and adopt any constitution for their respective nations and to repeal any act of the British Parliament, including the Independence act itself.

Ø   It empowered the Constituent Assemblies of both the dominions to legislate for their respective territories till the new constitutions were drafted and enforced. No Act of the British Parliament passed after August 15, 1947 was to extend to either of the new dominions unless it was extended thereto by a law of the legislature of the dominion.

Ø  It proclaimed the lapse of British paramountcy over the Indian princely states and treaty relations with tribal areas from August 15,1947.

Ø  It granted freedom to the Indian princely states either to join the Dominion of India or Dominion of Pakistan or to remain independent.

Ø   It provided for the governance of each of the dominions and the provinces by the Government of India Act of 1935, till the new Constitutions were framed. The dominions were however authorized to make modifications in the Act.

Ø   It deprived the British Monarch of his right to veto bills or ask for reservation of certain bills for his approval. But, this right was reserved for the Governor-General. The Governor-General would have full power to assent to any bill in the name of His Majesty.

Ø  It designated the Governor-General of India and the provincial governors as constitutional (nominal) heads of the states. They were made to act on the advice of the respective council of ministers in all matters.

Ø   It dropped the title of Emperor of India from the royal titles of the king of England.

Ø   It discontinued the appointment to civil services and reservation of posts by the secretary of state for India. The members of the civil services asppointed before August 15, 1947 would continue to enjoy all benefits.

Ø  February 20, 1947, the British Prime Minister Clement Atlee declared that the British rule in India would end by June 30,1948;.

Ø   This announcement was followed by the agitation by the Muslim League demanding partition of the country.

Ø  Again on June 3, 1947, Lord Mountbatten, the viceroy of India, put forth the partition plan, known as the Mountbatten Plan. The plan was accepted by the Congress and the Muslim League.

(14.) Abolition of Privy Council Jurisdiction Act (1949)

Constituent assembly of India -:

Ø   1934 M. N. Roy put idea of Constituent Assembly for India.

Ø  1935 Indian National Congress (INC), for the first time, officially demanded a Constituent Assembly to frame the Constitution of India.

Ø  1938, Jawaharlal Nehru, on behalf the INC declared that the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise’.

Ø  1940 demand finally accepted in principle by the British Government in what is known as the “August Offer”.

Ø  1942, Sir Stafford Cripps, Cripps mission came to India with a draft proposal of the British Government on the framing of an independent Constitution to be adopted after the World War II.

Ø   1946 Cabinet Mission of India sent and it rejected idea of two constituent assembly.

Ø  1947 Lord Mountbatten proposed “Divide plan”.

Ø  Election held on basis of adult franchise  for this purpose on July-1946 for 296 seat . INC won 208, Muslim league won 73, other won 15.

Ø  Finally in November 1946 , constituent assembly formed as per scheme formulated by Cabinet Mission Plan.

Ø  Total 389 member (296 for eleven state and 93 for princely state).

Ø  Representatives given to all sections of Indian Society—Hindus, Muslims, Sikhs, Parsis, Anglo–Indians, Indian Christians, SCs, STs including women.

Ø  first meeting on December 9, 1946 under Dr. Sachchidanand Sinha, the oldest member. 211 member joined it but Muslim league boycotted it.

Ø  Dr. Rajendra prasad elected first President with 2 vice president V. T. Krishnamachari & H. C. Mukherjee.

Ø  Dec. 13, 1946 J. L. Nehru proposed “OBJECTIVE RESOLUTION” and it was adopted on Jan 22, 1947.

Ø  June 1947 “Mountbatten Plan” accepted and finally 18^th July 1947 “Indian Independence Act” passed.

Ø  India adopted the national flag on July 22, 1947.

Ø  Drafting committee setup on August 29, 1947. Ambedkar introduced final draft Nov 4^th, 1948 for first reading in 5 day. 2^nd reading clause by clause started August 15, 1948 to Oct 17, 1949. 7653 Amendment proposed . 3^rd reading started Nov 14^th, 1949. Finally declared passed by 284 member out of 299 total strength on January 26^th ,1949. Now constitution had 395 Article 8 schedule. After it preamble enacted. Some article of citizenship  3, 6, 7, 8, 9,  and other 60, 324 366, 367, 380, 388, 391, 392, 393 came into force on same day.

Ø  India ratified membership of the Commonwealth in May 1949.

Ø  Time -: 2 year 11 month 18 day, session -: 11 , Constitution draft time -: 114 day, cost -: 64 lakh.

Ø  24 January 1950 final session done National Anthem, National song accepted same day.

Ø  Dr. Rajendra prasad elected as 1^st president of India. finally, from 26^th January 1950 Indian constitution accepted and implemented. Because in January 26^th ,1930 celebrated as “PURNA SWARAJ” day. This resolution was passed in INC Lahore session Dec 1929.

Ø  First general election held in 1951 – 52.

Constituent Assembly of Indian constitution -:

Committee -:

Major Committees

1. Union Powers Committee – Jawaharlal Nehru

2. Union Constitution Committee – Jawaharlal Nehru

3. States Committee (Committee for Negotiating with States) – Jawaharlal Nehru

4. Provincial Constitution Committee – Sardar Patel

5. Advisory Committee on Fundamental Rights, Minorities and Tribal and

Excluded Areas – Sardar Patel.

This committee had the following five sub-committees:

(a) Fundamental Rights Sub-Committee – J.B. Kripalani

(b) Minorities Sub-Committee – H.C. Mukherjee

(c) North-East Frontier Tribal Areas and Assam Sub-Committee – Gopinath Bardoloi

(d) Excluded and Partially Excluded Areas (Other than those in Assam) Sub-Committee – A.V. Thakkar

(e) North-West Frontier Tribal Areas Sub-Committee

6. Rules of Procedure Committee – Dr. Rajendra Prasad

7. Steering Committee – Dr. Rajendra Prasad

Minor Committees

1. Finance and Staff Committee  Dr. Rajendra Prasad

2. Ad-hoc Committee on the National Flag –  Dr. Rajendra Prasad

3. Special Committee to Examine the Draft Constitution – – Jawaharlal Nehru

4. Credentials Committee – Alladi Krishnaswami Ayyar

5. House Committee – B. Pattabhi Sitaramayya

6. Committee on Chief Commissioners’ Provinces – B. Pattabhi Sitaramayya

7. Order of Business Committee – Dr. K.M. Munshi

8. Committee on the Functions of the Constituent Assembly – G.V. Mavalankar

9. Ad-hoc Committee on the Supreme Court – S. Varadachari (Not an Assembly Member)

10. Expert Committee on the Financial Provisions of the Union Constitution –

Nalini Ranjan Sarkar (Not an Assembly Member)

11. Linguistic Provinces Commission – S.K. Dar (Not an Assembly Member)

12. Press Gallery Committee – Usha Nath Sen

13. Ad-hoc Committee on Citizenship – S. Varadachari

Drafting Committee

1. Dr B R Ambedkar (Chairman)

2. N Gopalaswamy Ayyangar

3. Alladi Krishnaswamy Ayyar

4. Dr K M Munshi

5. Syed Mohammad Saadullah

6. N Madhava Rau (He replaced B L Mitter who resigned due to ill-health)

7. T T Krishnamachari (He replaced D P Khaitan who died in 1948)

22 PART OF INDIAN CONSTITUTION -: 

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