Evolution of Indian Constitution

Although the system of ancient India do have their reflection in the Constitution of India, the direct sources of the Constitution lie in the administrative and legislative developments of the acts, documents and event chronological description of the acts, documents and events that culminated in the farming of the world's largest written Constitution is given here. 

Administrative & Legislative Reform Before 1857 Regulating Acts of 1773

  • This Act was based on the report of a committee headed by the British Prime Minister Lord North. 
  • Governance of the East India Company was put under British Parliamentary control. 
  • The Governor of Bengal was nominated as Governor General for all the three Presidencies of Calcutta, Bombay and Madras. Warren Hastings was the first such Governor General. 
  • A supreme court was established in Calcutta.
  • Governor General was empowered to make rules, regulations and ordinance with the consent of the Supreme Court. 

Pitts India Act of 1784

  • It was enacted to improve upon the provision of Regulating Acts of 1773 to bring about better discipline in the Company's system of administration. 
  • A 6-member Board of Controllers was set up which was headed by a minister of the British Government. All political responsibility were given to this board. 
  • Trade and Commerce related issues were under the purview of the Court of Directors of the Company. 
  • Province had to follows the instruction of the Central Government, and Governor General was empowered to dismiss the failing provincial government. 

Charter Act of 1793

  • Main provision of the previous Acts were consolidated in this Act. 
  • Provided for the payment of salaries of the members of the Board of Controllers from Indian Revenue. 
  • Court were given the power to interpret rules and regulations. 

Charter Acts of 1813

  • Trade monopoly of the East India Company came to an end. 
  • Power of the three Council of Madras, Bombay and Calcutta were enlarged, they were also subjected to greater control of the British Parliament. 
  • The Christian Missionaries were allowed to spread their religion in India. 
  • Local autonomous bodies were empowered to levy taxes. 

Charter Act of 1833

  • The Governor General and his Council were given vast powers. This Council could legislate for the whole of India subject to the approval of the  Board of Controllers. 
  • The Council got full power regarding revenue, and a single budget for the country was prepared by the Governor General. 
  • The East India Company was reduced to an administrative and political entity and several Lords and Ministers were nominated as ex-offico members of the Board of controllers. 
  • For the first time the Governor-General's Government was known as the "Government of India" and his Council as the 'Indian Council'. 

Charter Act of 1853 

  • This was the last of Charter Act and it made important changes in the system of Indian Legislation. 
  • This Act followed a report of the then Governor General Dalhousie for improving the administration of the company. 
  • A separate Governor for Bengal was to be appointed. 
  • Legislative and Administrative functions of the Council were separately identified. 
  • Recruitment of the Company's employees was to be done through competitive exams. 
  • British Parliament was empowered to put company's governance of India to an end at any suitable time. 

Administrative & Legislative Reforms After 1857

Government of India Act, 1858

  • British Crown decided to assume sovereignty over India from the East India Company in an apparent consequences of the Revolt of 1857, describe as an armed Sepoy mutiny bt the British historians and remembered as the First war of Independence by the Indians. 
  • The first  statut for the Governance of India, under the direct rule of the British Government, was the Government of India Act, 1858.
  • It provided for absolute (British) imperial control over India without any popular participants in the administration of the country. 
  • The power of the crown were to be exercised by the Secretary of State for India, assisted by a council of fifteen members, known as the Council of India. 
  • The country was divided into province headed by a Governor or Lieutenant Governor aided by his Executive Council. 
  • The Provincial Government had to function under the superintendent, direction and control of the Governor General in all matters. 
  • All the authority for the governance of India was vested in the Governor General-in-Council who was responsible to the Secretary of State. 
  • The Secretary of State was ultimately responsible to the British Parliament.

Indian Council Act, 1861

  • This is an important landmark in the constitutional history of India. By this Act, the power of the crown were to be exercised by the Secretary of State for India, assisted by a Council of fifteen members (known as the Council of India). The Secretary of State, who was responsible to the British Parliament, Governed India through the Governor General, assisted by an Executive Council. 
  • This Act enabled the Governor General to associate representative of the Indian people with the work of legislation by nominating them to his expanded council. 
  • This Act provided that the Governor General's Executive Council should include certain additional non-official members also while transacting legislative Council was neither representative nor deliberative in any sense. 
  • It decentralised the legislative power of the Governor General's Council and vested them in the Governments of Bombay and Madras. 

Indian Council Act,1892

  • The non-official members of the Indian Legislative Council were to be nominated by the Bengal Chamber of Commerce and the Provincial Legislative Councils while the non-official members by certain local bodies such as universities, district boards, municipalities, zamindars etc. 
  • The Council were to have the power of discussing the Budget and addressing question to the Executive. 

Morley-Minto Reform and the Indian Council Act, 1909

  • Reform recommended by the then Secretary of State for India (Lord Morley) and the victory (Lord Minto) were implemented by the Indian Council Act, 1909.
  • The Maximum number of additional members of the Indian Legislative Council (Governor General's Council) was raised from 16 (under the Act of 1892) to 60 (excluding the Executive Councillors). 
  • The size of Provincial Legislative Council was enlarged by including elected non-offical members so that the official majority was gone. 
  • An element of election was also introduced in the Legislative Council at the center also but here the official majority was nominated. 
  • The Legislative Council were empowered to move resolution on the Budget, and on any Matter of public interest, except certain specified subjects, such as the Armed forces, Foreign Affairs and the Indian States. 
  • It provided, for the first time, for seperate respresntation of the Muslim community and thus sowed the seeds of separation. 

The Government of India Act, 1915

  • This Act was passed to consolidated the provision of the preceding Government of India Acts. 

Montagu-Chelmsford Report and the Government of India Act, 1919

  • The then Secretary of State for India Mr. E.S Montagu and the Governor Lord Chelmsford formulated proposal for the Government of India. 
  • Responsible Government in the Province was to be introduced, without impairing the responsibility of the Governor ( through the Governor General), for the administration of the Province, by resorting to device known as 'Dyarchy' or dual government. 
  • The subjects of administration were to be divided into two categories Central and Provincial. 
  • Central subject were those which were exclusively kept under the control of the Central Government. 
  • The provincial subject were sub-divided into 'transferred' and 'reserved' subjects. 
  • The 'transferred subjects' were to be administered by the Governor with the aid of Minister responsible to the Legislative Council in which the proportion of elected members was raised to 70 percent. 
  • The 'reserved subjects' were to be administered by the Governor and his Executive Council with no responsibility to the Legislature. 
  • The previous Central control over the province in administrative, legislative and financial matty was relaxed. Source of revenue were divided into two categories so that the province could run the administration with the revenue raised by the provinces themselves. 
  • The provincial budget was separated from the central budget. 
  • The provincial legislature was empowered to present it's own budget and levy it's own taxes relating to the provincial sources of revenue. 
  • The Central Legislatur, retained power to legislate for the whole country on any subject. 
  • The Control of the Governor General over provincial legislation was retained by providing that a Provincial Bill, even though assented to by the Governor, would become law only when assented to also by the Governor General. 
  • The Governor was empowered to reserve a Bill for the consideration of the Governor General if it was related to some specificed matters. 
  • The Governor General in Council continued to remain responsible only to the British Parliament through the Secretary of State for India. 
  • The India Legislature was made more representative and, for the first time 'bi-cameral'. 
  • The Upper House was named the Council of State. This was composed of 60 members of whom 34 we're elected. 
  • The Lower House was named the Legislative Assembly. This was composed of about 144 members of whom 104 were elected. 
  • The electorate were arranged on a communal and sectional basis, developing the Morley-Minto device further. 
  • The Governor General's overriding power in respect of Central legislation were retained as follows: 1. His prior sanctions was required to introduce Bills relating to certain matters. 2. He had the power to vote or reserve for consideration of the Crown any Bill passed by the Indian Legislature. 3. He had the converse power of certifying Bill or any grant refused by the Legislature; 4. he could make Ordinances, in case of emergency. 

Simon Commission

  • This commission, headed by Sir John Simon, constituted in 1927 to inquire into the working of the Act of 1919, placed its report in 1930. The report was examined by the British Parliament an the Government of India Bill was drafted accordingly. 

The Government of India Act,1935

  • The Act of 1935 prescribed a federation, taking the Province and the Indian States (native states) as units. 
  • It was optional for the Indian States to join the Federation, and since they never joined, the Federation never came into being. 
  • The Act divided legislative power between the Center and Provinces. 
  • The executive authority of a Provinces alwas also exercised by a Governor on behalf of the Crown and not as a subordinate of the Governor General. 
  • The Governor was required to act with the advice of Minister responsible to the Legislature. 
  • In certain matters, the Governor was required to act in his discretion without ministerial advice and under the control and directions of the Governor General, and through him, of the Secretary of State. 
  • The executive authority of the Center was vested in the Governor General (on behalf of the Crown). 
  • Counsellors or Council of minister responsible to the Legislature was not appointment although such provisions existed in the Act of 1935.
  • The Central Legislature was bi-cameral, consisting of the Federal Assembly and the Council of State. 
  • In six province, the Legislature was bi-cameral, comprising a Legislative Assembly and a Legislative Council. In other province, the Legislature was unicameral. 
  • Apart from the Governor General's power of veto, a Bill passed by the Central Legislature was also subject to veto by the Crown. 
  • The Governor General could prevent discussion in the Legislature and suspend the proceedings on any Bill if he was satisfied that it would affect the discharge of his special responsibilities. 
  • The Governor General had independent power of legislation, concurrently with those of the Legislature. 
  • On some subjects no Bill or amendment could be introduced in the Legislature without the Governor General's pervious sanction. 
  • A three-fold division in the Act of 1935- There was a Federal List over which the Federal Legislature had exclusive power of Legislation. There was a Provincial List of matters over which the Provincial Legislature had exclusive jurisdiction. There was a Concurrent List also over which both the Federal and Provincial Legislature had competence. 
  • The Governor General was empowered to authorise either the Federal or the Provincial Legislature to enact a law with respect to any matters which was not enumerated in the above noted Legislative Lists. 
  • Dominion Status, which was promised by the Simon Commission in 1929, was not conferred by the Government of India Act, 1935.

Cripps Mission

  • In March 1942, Sir Stafford Cripps, a member of the British cabinet came with a draft declaration on the proposals of the British Government. 
  • These proposals were to be adopted at the end of the Second World War provided the Congress and the Muslim League could accept them. 
  • According to the Proposals- The Constitution of India was to be framed by an elected Constitution Assembly by the India people. 2. The Constitution should give India Dominion Status. 3. There should be one Indian Union comprising all the Province and India States. 4. Any Province (or Indian State) not accepting the Constitution would be free to retain its constitutional position existing at that time and with such non-acceding Provinces the British Government could enter into separate Constitutional arrangements. 

Cabinet Mission Plan

  • In March 1946, Lord Attlee sent a Cabinet Mission to India consisting of three Cabinet Minister, namely Lord Pethick Lawrence, Sir Stafford Cripps and Mr. A. V. Alexander. 
  • The object of the Mission was to help India achieve its independence as early as possible, and to set up a Constituent Assembly. 
  • The Cabinet Mission rejected the claim for a separate Constituents Assembly and a separate State for the Muslim. 
  • According to Cabinet Mission Plan there was to be a union of India, comprising  British India and the States, and having jurisdiction over the subjects of Foreign Affairs, Defence and Communication. All residuary power were to be vested in the Province and the States. 
  • Any decision involving a major communal issue in the legislature was to require a majority support of representatives of each of the two major communities present and voting as well as majority of all the members present and voting. 
  • The provinces could from groups with executive and legislature, and each group could be competent to determine the provincial subjects. 

The Mountbatten Plan

  • The plan for transfer of power to the Indians and partition of the country was laid down in the Mountbatten Plan. 
  • It was given a formal shape by a statement made by the British Government on 3rd june, 1947.

The Indian Independence Act, 1947 of the British Parliament

  • In pursuance of this Act, the Government of India Act, 1935, was amended by the Adaptation Orders, both in India and Pakistan, for setting up an interim Constituent Assembly to draw up the future Constitution of the country. 
  • From the 15th August, 1947 India ceased to be a Dependency, and the suzerainty of the British Crown over the Indian States and the treaty relation with Tribal Areas lapsed from the date. 
  • The office of the Secretary of the India was abolished. 
  • The Governor General's and the Governor lost extraordinary power of legislation to compete with Legislature. 
  • The Central Legislature of India, composed of the Legislative Assembly and the Council of States, ceased to exist on August 14, 1947.
  • The Constituent Assembly itself was to function also as the Central Legislature with complete sovereignty. 
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