Historical Background Of Indian Constitution
• The Constitution of India came into force on 26 January
1950. Although, the process of the evolution of the constitution had started
many years before India got its independence. In fact, the constitution of
India has originated from its struggle for independence from Britain as well as
the demand for responsible and constitutional government.
• Most of its political part is borrowed from the
constitution of Britain and has input from other constitutions as well.
• When India got its independence on 15 August 1947, the
Constituent Assembly was set up as the sovereign body to frame the Constitution
as well as ordinary laws.
• Although, the constitution of India is written in nature
it has been amended several times. However, the amendment process is neither as
rigid as we find in USA nor as flexible as we find in England.
• Before 1947, India was divided into two main entities –
The British India which consisted of 11 provinces and the Princely states ruled
by Indian princes under subsidiary alliance policy. The two entities merged
together to form the Indian Union, but many of the legacy systems in British
India is followed even now. The historical underpinnings and evolution of the
India Constitution can be traced to many regulations and acts passed before
Indian Independence.
Regulating
Act of 1773 :-
• The first step was taken by the British Parliament to
control and regulate the affairs of the East India Company in India.
• It designated the Governor of Bengal
(Fort William) as the Governor-General (of Bengal).
• Warren Hastings became the first Governor-General of
Bengal.
• Executive Council of the Governor-General was
established (Four members). There was no separate legislative council.
• It subordinated the Governors of Bombay and Madras
to the Governor-General of Bengal.
• The Supreme Court was established at Fort William
(Calcutta) as the Apex Court in 1774.
Pitt’s India Act of 1784 :-
• Distinguished between commercial and political functions
of the company.
• Court of Directors for Commercial functions and Board of
Control for political affairs.
• Reduced the strength of the Governor General’s council to
three members.
• Placed the Indian affairs under the direct control
of the British Government.
• The companies territories in India were called “the
British possession in India”.
• Governor’s councils were established in Madras and
Bombay.
Charter Act of 1813 :
The Company’s monopoly over Indian trade terminated; Trade with India open to all British subjects.
Charter Act of 1833 :
• Governor-General (of Bengal) became the Governor-General of India.
• First Governor-General of India was Lord William
Bentick.
• This was the final step towards centralization in
British India.
• Beginning of a Central legislature for India as the act
also took away legislative powers of Bombay and Madras provinces.
• The Act ended the activities of the East India Company as a commercial body and it became a purely administrative body.
Charter
Act of 1853 :
• 6 members in Central legislative council. Four out of six
members were appointed by the provisional governments of Madras, Bombay, Bengal
and Agra.
• It introduced a system of open competition as the
basis for the recruitment of civil servants of the Company (Indian Civil
Service opened for all).
Government of India Act of 1858 :
• The rule of Company was replaced by the rule of the
Crown in India.
• The powers of the British Crown were to be exercised
by the Secretary of State for India
• He was assisted by the Council of India,
having 15 members
• He was vested with complete authority and control
over the Indian administration through the Viceroy as his agent
• The Governor-General was made the Viceroy of India.
• Lord Canning was the first Viceroy of India.
• Abolished Board of Control and Court of Directors.
Indian Councils Act of 1861 :
• Some Indians were to be nominated by the Viceroy in the
Council as non-official members.
• Some decentralization was undertaken by reverting the
powers back to Bombay and Madras presidencies.
• New legislative councils for Bengal, North-West Frontier
province and Punjab were created.
• Viceroy was given powers to make rules for transaction of
business in the council and to issue ordinances.
Indian Councils Act of 1892 :
• The number of non official
members was increased in both the central and provincial legislative councils.
• The legislative council’s
power was increased so they could discuss budget and ask questions to the
executive.
Indian Councils Act of 1909 :
• This was also known as the Morley-Minto reforms.
• The number of members in both the Central and Provincial
legislative council was increased.
• An Indian Satyendra Prasad Sinha was included in the
Viceroy’s executive council for the first time.
• Separate electorate was given to Muslims.
Government of India Act, 1919 :
• This Act was known as the Montagu-Chelmsford Reforms.
• The Central and Provincial lists of subjects were
introduced in legislature.
• The Provincial subjects were further divided into
Transferred Subjects and Reserved Subjects, the legislative council had no say
in the latter.
• This was known as the system of Diarchy.
• The Legislative Council was bifurcated into the upper
house (Council of state) and Lower house (Legislative Assembly).
• Separate electorate was extended to Sikhs, Christian,
Anglo-Indians and Europeans.
Government of India Act of 1935 :
·
The powers between
centre and states were divided in terms of Federal list, Provincial list and
Concurrent list.
·
Diarchy was abolished
in the provinces.
·
Diarchy was adopted
at the centre with Tranferred and Reserved subjects.
·
The legislature of
Bengal, Bombay, Madras, Bihar, Assam and United province were made bicameral.
· Provided for the formation of Reserve Bank of India.
Indian Independence Act of 1947 :
• It declared India as an Independent and Sovereign
State.
• Established responsible Governments at both the
Centre and the Provinces.
• Designated the Viceroy India and the provincial
Governors as the Constitutional (normal heads).
• It assigned dual functions (Constituent
and Legislative) to the Constituent Assembly and declared this
dominion legislature as a sovereign body.
Points to be noted……
• Laws made before the Charter Act of 1833 were
called Regulations and those made after are called Acts.
• Lord Warren Hastings created the office of District
Collector in 1772, but judicial powers were separated from District collector
later by Cornwallis.
• From the powerful authorities of unchecked executives,
the Indian administration developed into a responsible government answerable to
the legislature and people.
• The development of the portfolio system and budget points
to the separation of power.
• Lord Mayo’s resolution on financial decentralization
visualized the development of local self-government institutions in India
(1870).
• 1882: Lord Ripon’s resolution was hailed as the ‘Magna
Carta’ of local self-government. He is regarded as the ‘Father of local
self-government in India’.
• 1924: Railway Budget was separated from the General
Budget based on the Acworth Committee report (1921).
• From 1773 to 1858, the British tried for the
centralization of power. It was from the 1861 Councils act they shifted towards
devolution of power with provinces.
• 1833 Charter act was the most important act before the
act of 1909.
• Till 1947, the Government of India functioned under the
provisions of the 1919 Act only. The provisions of the 1935 Act relating to
Federation and Dyarchy were never implemented.
• The Executive Council provided by the 1919
Act continued to advise the Viceroy till 1947. The modern
executive (Council of Ministers) owes its legacy to the executive council.
• The Legislative Council and Assembly developed into
Rajyasabha and Loksabha after independence.
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