The historical background of Indian Constitution

The British came to India in 1600 AD as the East India Company, to trade. They had extensive rights to trade in India by a charter from Queen Elizabeth I. The Company, whose functions had hitherto been limited to trading, acquired the Diwani (i.e. revenue and civil justice) rights in 1765 over Bengal, Bihar and Orissa. Under this, the process of its becoming a regional power in India started. In 1858, as a result of the 'Sepoy Mutiny', the British Crown directly took over the responsibility of governance of India, which continued uninterruptedly until India gained independence on 15 August 1947.

With the attainment of independence, the need for a constitution was felt in India. In 1934 M.N. A Constituent Assembly was formed in 1946 with the aim of implementing the suggestion given by Rai (the father of communism movement in India) and on January 26, 1950, the Constitution came into force. Although many features of the constitution and polity were adopted from the British rule, yet there were some incidents in the British rule, due to which the legal framework of government and administration was created in British-ruled India. These events left a deep impact on our constitution and polity. The sequence wise details of these incidents are as follows:

Company rule [from 1773 to 1858].

Regulating Act of  1773॰

This act has great constitutional importance, such as: (a) regulate and control the affairs of the East India Company  in India॰ This was the first step taken by the British Government towards (b) hereby, for the first time, the administrative and Political  actions were recognized, and; (c) India by The foundation of central administration was laid in

Features of the Act

1. By this Act, the Governor of Bengal was given the title of 'Governor General of  Bengal' and a four-member executive Council was formed to assist him. It is noteworthy that the first such governor was Lord Warren Hastings.

2. By this, the governors of Madras and Bombay became subordinate to the governor general of Bengal, while earlier the governors of all the presidencies ॰were separate from each other.

3. The Act established a Supreme Court in Calcutta in 1774, consisting of a Chief Justice and three other judges

4. Under this, the employees of the Company were prohibited from doing private business and taking gifts and bribes from the Indian people.

5. By this act, the British government's control over the Company through the 'Court of Directors' (the company's governing body) was strengthened and it was required to report its revenue, civil and military affairs in India to the British government. .

Pitt's India Act of 1784

To overcome the shortcomings of the Regulating Act, 1773, the British Parliament passed an Amending Act in 1781, also known as the Act of Settlement, followed by another important Act, Pitt's India Act, 1784.

Features of the Act

1. It separated the political and commercial functions of the Company

2. It allowed the Board of Directors to superintend the business affairs of the Company but constituted a new body called the Board of Control to manage the political affairs. Thus, the system of diarchy was launched.

3. The Board of Control had the power to superintend and control all civil, military government and revenue activities in British controlled India.

Thus, this act was significant for two reasons- first, the territory under the Company in India was called 'the territory of the British possession' for the first time; Second, the British government was given complete control over the Company's affairs and its administration in India.

Charter Act of 1833

This act was a decisive step towards the centralization of British India. The features of this act were as follows:

Features of the Act

1. It made the Governor General of Bengal the Governor General of India with all civil and military powers Thus, the act created for the first time a government that had complete control over the entire British-occupied Indian territory. Lord William Bentinck was the first Governor General of India.

2. It empowered the Governors of Madras and Bombay with respect to the Legislature. deprived of power. to the Governor General of India Provided unlimited powers to the legislature in British India The laws made earlier under this have been Said regulatory law and made under the new law The laws were called Acts or Acts.

3. The activities of the East India Company as a trading body were ended, it became a purely administrative body, under which the territories held by the Company remained under the trust of the British monarchy and its successors. 

4. The Charter Act 1833 opened the door for the selection of civil servants Tried to start organizing the competition. In this It was said that Indians should not hold any post, office in the company. and shall not be debarred from securing employment However, due to opposition from the Court of Directors, The provision has been abolished.

Charter Act of 1853

It was the last of the series of Charter Acts passed by the British Parliament from 1793 to 1853. This act was an important act from the point of view of constitutional development. The features of this act were as follows:

Features of the Act

1. It separated the legislative and administrative functions of the Governor General's Council for the first time. Under this, six new councilors were added to the Council, these were called Legislative Councilors. In other words, it constituted a new Legislative Council for the Governor General, which was called the Indian (Central) Legislative Council. This branch of the Council functioned like a mini-parliament, in which the same procedures were followed as were followed in the British Parliament. Thus, legislation was recognized for the first time as a specialized function of government, requiring specialized machinery and procedure.

2. It started the system of open competition for the recruitment and selection of civil servants, in this way the special civil service was also opened to Indian citizens and for this Macaulay Committee was appointed in 1854 (in relation to the Indian Civil Service).

3. It extended the rule of the Company and gave it the right to hold the Indian territory under trust of the English monarchy but unlike the earlier Acts it did not fix any fixed time, it was clear that the rule of the Company by the Parliament could not be fixed for any time. Time could be passed.

4. It introduced local representation in the Indian Central Legislative Council for the first time. Of the six new members in the Governor-General's Council, four were to be elected by the local provincial governments of Bengal, Madras, Bombay and Agra.

Crown rule [from 1858 to 1947]

Government of India Act of 1858

This important law was created after the Revolt of 1857, also known as India's First War of Independence or the Sepoy Mutiny. This law, known as the Act for the Good Governance of India, abolished the East India Company and appointed governors. , Territories and revenue powers were transferred to the British monarchy.

Features of the Act

1. Under this the rule of India went directly under Queen Victoria. The designation of the Governor General was changed to Viceroy of India. He (the Viceroy) became the direct representative of the British Crown in India. Lord Canning became the first Viceroy of India.

2. This act ended the diarchy system of governance in India by abolishing the Board of Control and the Court of Directors.

3. A new post, Secretary of State for India, was created; In which the power of complete control over the Indian administration was vested. This secretary was a member of the British cabinet and was ultimately responsible to the British Parliament.

4. A 15-member Council was formed to assist the Secretary of India, which was an advisory committee, and the President of the Council was made the Secretary of India.

5. Under this Act, the Council of the Secretary of State for India was formed, which was a body corporate and which had the right to sue in India and England, it could also be sued The main objective of the Act of 1858 was to reform the administrative machinery through which superintendence and control of the Indian Government in England could be exercised. It did not make any significant change in the system of governance prevalent in India.

Indian Council Acts of 1861, 1892 and 1909

After the Great Revolution of 1857, the British government realized that it was necessary to take the cooperation of Indians to run the rule in India. Under this cooperation policy, the British Parliament passed three new acts in 1861, 1892 and 1909. The Indian Councils Act of 1861 was an important act in Indian constitutional and political history.

Features of the Indian Councils Act of 1861

1. It marked the beginning of the inclusion of Indian representatives in the law-making process, thus allowing the Viceroy to nominate some Indians as non-official members of the expanded Council. In 1862, Lord Canning nominated three Indians—the Raja of Banaras, the Maharaja of Patiala and Sir Dinkar Rao—to the Legislative Council.

2. The Act initiated the process of decentralization by returning legislative powers to the Madras and Bombay Presidencies. Thus the Act reversed the centralizing trend initiated by the Regulating Act, 1773 and reached its zenith with the Charter Act of 1833. Due to the policy of legislative development, the provinces got complete internal autonomy by 1937.

3. Legislative councils were formed in Bengal, North-West Frontier Province and Punjab in 1862, 1866 and 1897 respectively.

4. It empowered the Viceroy to make more rules and orders for the conduct of business in the Council. It also recognized the portfolio system introduced by Lord Canning in 1859 under the Viceroy's Council. A member could be put in charge of one or more government departments and had the right to pass final orders on behalf of the council in that department.

5. It authorized the Viceroy to issue ordinances in case of emergency without the recommendation of the Council. The duration of such ordinance was only six months.

Features of the Act of 1892

1. Through this, the number of additional (non-official) members in the Central and Provincial Legislative Councils was increased, although the majority remained of official members.

2. It increased the functions of the Legislative Councils by authorizing them to debate the 'Budget' and answer questions from the executive

3. It provided for the powers of the Viceroy to nominate non-official members to the Central Legislative Council and the Bengal Chamber of Commerce. In addition to the provincial legislative councils, the governor had the power to appoint non-official members on the recommendations of the district council, municipalities, universities, trade unions, landlords and the Chamber of Commerce.

The Act provided for a limited and indirect form of election for the appointment of non-official members to both the Central and Provincial Legislative Councils. called process.

Features of the Act of 1909

This Act is also known as Morley-Minto Reforms (Lord Morley was the Secretary of State for India in England and Lord Minto was the Viceroy of India at that time).

1. It significantly increased the size of the Central and Provincial Legislative Councils. Their number increased from 16 to 60 in the Central Council. Their number was not the same in the Provincial Legislative Councils.

2. It retained the official majority in the Central Council but allowed a majority of non-official members in the provincial councils.

3. It widened the scope of deliberative functions of the Legislative Councils at both the levels. For example, asking supplementary questions, moving resolutions on the budget, etc.

4. Under this act, for the first time, a provision was made to make an association of an Indian with the Viceroy's and Governor's Executive Council. Satyendra Prasad Sinha became the first Indian member of the Viceroy's Executive Council. He was made Law Member.

5. This act made provision for communal representation for Muslims on the basis of separate election, under this only Muslim voters could elect Muslim members, thus this act gave legitimacy to communalism and Lord Minto as the father of communal election went go.

6. It also provided for separate representation for Presidency Corporation, Chambers of Commerce, Universities and Landlords.

Government of India Act, 1919

On August 20, 1917, the British Government announced for the first time that its objective was to establish 'sequentially responsible government' in India.

Gradually, the Government of India Act was enacted in 1919, which came into force from 1921. This law is also called the Montague-Chelmsford Reforms (Montague was the Secretary of State for India, while Chelmsford was the Viceroy of India).

Features of the Act

1. Central control over states was reduced by identifying and separating lists of central and provincial subjects. Central and provincial legislative councils were empowered to legislate on subjects in their respective lists, but the structure of government remained central and unitary. 

2. It again divided the provincial subjects into two parts - the transferred and reserved subjects were ruled by the Governor and in this work he took the help of the ministers who were responsible to the Legislative Council, on the other hand the Governor's Executive Council on the reserved subjects Used to rule with the help of the Legislative Council, which was not responsible to the Legislative Council. This dual system of governance was called Diarchy (derived from the Greek word di-archy) governance system, although this system was largely unsuccessful.

3. For the first time this act started the system of bicameral system and direct election in the country. Thus a bicameral system i.e. Rajya Sabha and Lok Sabha was formed in place of the Indian Legislative Council. The majority of the members of both the houses were elected through direct election.

4. According to this, out of six members of the Viceroy's Executive Council (excluding the Commander-in-Chief), three members were required to be Indians

5. It also extended the principle of separate electorates on communal lines to Sikhs, Indian Christians, Anglo-Indians and Europeans

6. This law granted franchise to a limited number of people on the basis of property, tax or education

7. This Act created the office of the High Commissioner of India in London and transferred some of the functions hitherto performed by the Secretary of State for India to the High Commissioner.

8. A Public Service Commission was formed from this. Therefore, in 1926, the Central Public Service Commission was formed for the recruitment of civil servants.

9. It separated the Union budget from the state budget for the first time and authorized the state legislatures to prepare their own budgets

10. Under this, a statutory commission was formed, whose task was to submit its report after ten years of investigation.

simon commission

In November 1927 (i.e. two years ahead of schedule), the British Government announced the constitution of a seven-member Constitutional Commission under the leadership of Sir John Simon to find out India's position in the new constitution. All the members of the commission were British, so all the parties boycotted it. The commission presented its report in 1930 and made recommendations on diarchy, expansion of governments in the states, establishment of the Union of British India and continuation of the communal electoral system, The British government held three round table conferences with representatives of the British government, British India and the Indian princely states to consider. Based on the discussions in these conferences, a 'White Paper on Constitutional Reforms' was prepared, which was sent to the British for consideration. Placed before a Joint Select Committee of Parliament, the recommendations of this committee were incorporated (with some amendments) in the Indian Councils Act, 1935.

communal award

British Prime Minister Ramsay MacDonald announced a scheme on representation of minorities in August 1932. It came to be known as the Communal Award or Communal Award. The award not only extended separate electorates for Muslims, Sikhs, Christians, Europeans and Anglo-Indians but also It was extended to Dalits as well. Gandhi was greatly distressed by the separate electorate for Dalits and started a fast in Poona's Yerwada Jail for amendment of the award. Ultimately, an agreement was reached between Congress leaders and Dalit leaders, which came to be known as the Poona Pact, in which the joint Hindu electoral system was maintained and seats were reserved for Dalits.

Government of India Act, 1935

This act proved to be a milestone in the formation of fully responsible government in India. It was a long and detailed document, containing 321 sections and 10 schedules.

Features of the Act

1. It established the All India Federation, in which the states and princely states were treated as a single unit. The Act divided powers between the center and the units on the basis of three lists—the Union List (59 subjects), the State List (54 subjects) and the Concurrent List (36 subjects for both). The system never came into existence as the princely states refused to join it.

2. It ended the diarchy in the provinces and introduced provincial autonomy. The states were given the right to govern three separate regions autonomously within their limits. In addition, the Act established responsible government in the states. That is, the governor was required to act on the advice of ministers responsible to the state legislative councils. This system was introduced in 1937 and abolished in 1939.

3. It started the diarchy system at the centre. As a result, federal subjects had to be divided into transferred and reserved subjects. However, this provision was never implemented.

4. It introduced bicameralism in six of the 11 states. Thus, Bengal, Bombay, Madras, Bihar, the United Provinces and Assam had bicameral legislative councils and assemblies. Although there were many types of restrictions on these.

5. It expanded the system of communal representation by providing separate electorate for Dalit castes, women and working class

6. It abolished the Council of India established by the Government of India Act, 1858. The India Secretary in England got a team of advisors

7. It expanded the franchise, about ten percent of the population got the right to vote.

8. Under this, the Reserve Bank of India was established to control the country's currency and credit.

9. It established not only the Federal Public Service Commission but also the Provincial Service Commission and Joint Service Commission for two or more states

10. Under this the Federal Court was established in 1937.

Indian Independence Act, 1947

On February 20, 1947, British Prime Minister Clement Attlee announced that British rule in India would end on June 30, 1947, after which power would be handed over to responsible Indian hands. On this announcement, the Muslim League agitated and called for the partition of India. On June 3, 1947, the British Government again

Clarified that the constitution made by the Constituent Assembly formed in 1946 would not be applicable in those areas which would not accept it. On the same day, June 3, 1947, Viceroy Lord Mountbatten presented the plan of partition, which was called the Mountbatten Plan. This plan was accepted by the Congress and the Muslim League. Thus the 'Indian Independence Act, 1947' was enacted and implemented

Features of the Act

1. It ended the British rule in India and declared it an independent and sovereign nation on August 15, 1947.

2. It partitioned India to create two independent Dominions-the sovereign nations of India and Pakistan, which had the freedom to secede from the British Commonwealth. 3. It abolished the office of Viceroy and created in its place the office of Governor-General in both the Dominion States, to be appointed by the British Crown on the recommendation of the cabinet of the new nation. The British government was not to have any control over them.

4. It gave the power to the Constituent Assemblies of both the Dominion States to frame the constitution of their countries and adopt the constitution of any country for it. The assemblies also had the power to legislate to repeal any British law, here He even had the right to repeal the Independence Act.

5. It gave the power to the Constituent Assemblies of both the Dominion States to form legislatures for their respective territories till the new constitution was framed and implemented. Any Act passed by the British Parliament after August 15, 1947 shall not apply to both the Dominions until both the Dominions have made laws to comply with this Act.

6. This Act abolished the post of India Secretary in Britain and all its powers were transferred to the Secretary of State for Commonwealth Affairs.

7. It also announced the end of British sovereignty over the Indian princely states with effect from August 15, 1947. simultaneously British intervention on tribal territory settlement relations also ended.

8. It gave freedom to the Indian princely states to merge with the Dominion of India or the Dominion of Pakistan. may or may be independent

9. This Act made it necessary for each Dominion to govern itself until a new constitution was made and to govern them in their Provincial Assemblies under the Government of India Act, 1935.

10. It deprived the British ruler of the right to vote on bills and approve them, but the governor general had the right to accept any bill in the name of the British ruler.

11. Under this, the Governor General of India and the provincial governors were appointed as the constitutional heads of the states, they had to act on the advice of the Council of Ministers of the states on all matters.

12. It abolished the word 'Emperor of India' from the imperial title.

13. It ended the system of making appointments to the Civil Services by the Secretary of State for India and reservation of posts [The civil service employees before August 15, 1947 continued to get the same facilities as they had earlier

British rule in India came to an end on the midnight of August 14-15, 1947, and all powers were transferred to the two new independent "Dominions - India and Pakistan". Lord Mountbatten became the first Governor-General of the new Dominion of India. He swore in Jawaharlal Nehru as the first Prime Minister of India.The Constituent Assembly formed in 1946 was accepted as the Parliament of the independent Indian Dominion.

Table 1.1 Interim Government (1946)

Note: The members of the Interim Government were members of the Viceroy's Executive Council. The Viceroy remained the head of the council, but JawaharlalNehru was made the Vice President of the Council.

Table 1.2 First Cabinet of Independent India (1947)