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Historical Background of Indian constitution -:
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 18th 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 4th, 1948
for first reading in 5 day. 2nd reading clause by clause started
August 15, 1948 to Oct 17, 1949. 7653 Amendment proposed . 3rd
reading started Nov 14th, 1949. Finally declared passed by 284
member out of 299 total strength on January 26th ,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 1st president of India. finally,
from 26th January 1950 Indian constitution accepted and implemented.
Because in January 26th ,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 -:
SCHEDULE LIST OF CONSTITUTION
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