Historical background of Indian Constitution

Historical Background of Indian Constitution

As the need of Constitution raised, in the glimpse of Independence, a Constituent Assembly was formed in 1946. Many of the features of our Constitution lies in the lap of British rule.

There were certain events happened in the British Regime, which influenced our Constitution to a great extent.

The events in chronological order have been detailed here:

THE COMPANY RULE (1773-1858)

Regulating Act of 1773

It was the first step taken by the British Government to control and regulate the affairs of the East India Company in India.
For the first time, political and administrative function of the Company was felt.
It laid the foundation of central administration in India.
It designated the Governor of Bengal as the ‘Governor-General of Bengal’.
Lord Warren Hasting was the first Governor General of Bengal.
Four membered Executive council was created to assist Governor-General.
It subordinated the Governors of Bombay and Madras to the Governor-General of Bengal.
Supreme Court comprising one chief justice and three other judges was established at Calcutta in 1774.
It prohibited the servants of the Company from engaging in any private trade or accepting present or bribes from the ‘Natives’.
Court of Directors (the governing body of the company) should report its revenue.

Pitt’s India Act of 1784

Distinguished between commercial and political functions of the company.
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, hence system of double government was established.
Empowered the Board of Control to supervise and direct all operations of the civil and military government or revenues of the British possessions in India.
The Company’s territories in India were called “the British possession in India”.
British Government was given the supreme control over Company’s affairs and its administration in India.

Charter Act of 1833

This was the final step towards centralization in British India.
Governor-General (of Bengal) became the Governor-General of India, and all Civil and Military powers were vested to him.
First Governor-General of India was Lord William Bentick.
It deprived the governor of Bombay and Madras of their legislative powers.
The laws made under previous acts were called as Regulations while the laws made under this act were called as Acts.
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

The legislative and executive functions of the Governor-General’s Council were separated.
6 members in Central legislative council. Four out of six members were appointed by the local (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).

THE CROWN RULE (1858-1947)

Government of India Act of 1858

This act is known as the Act for the Good Government of India, it transferred the powers of government, territories and revenues from the East India Company to the British Crown.
Governor-General of India was replaced by Viceroy of India.
Lord Canning became the first Viceroy of India.
Abolished Board of Control and Court of Directors, and hence the system of double government was ended.
Secretary of State for India, the new office was created, having complete authority and control over Indian Administration.
It was assisted by the Council of India, having 15 members.
Secretary of State-in-Council was constituted as a body corporate, capable of suing and being sued in India and in England.

Indian Councils Act of 1861

Introducing the Indian representatives with law-making process. Viceroy had the power to nominate Indians as non-official members of his legislative council.
The first three Indians to be nominated to the legislative council were, the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao.
It provided for the Establishment of new legislative councils for Bengal, North-Western Frontier Province (NWFP) and Punjab, which were established in 1862, 1866 and 1897 respectively.
Recognition was also given to ‘Portfolio’ system.

India Councils Act of 1892

Increased the number of additional (non-official) members in the Central and provincial legislative councils.
Increased the functions of the Legislative Councils and gave them the power of discussing the Budget and addressing questions to the Executive.

Indian Councils Act of 1909

This Act is also known as the Morley-Minto Reforms.
Increased the size of the legislative councils, both Central and provincial.
For the first time, it provided the association of Indians with the executive Councils of the Viceroy and Governors.
Satyendra Prasad Sinha became the first Indian to join the Viceroy’s Executive Council. He was appointed as the law member.
A system of communal representation for Muslims by accepting the concept of ‘separate electorate’. Under this, the Muslim members were to be elected only by Muslim voters.
The Act ‘Legalised communalism’ and Lord Minto came to be known as the Father of Communal Electorate.

Government of India Act of 1919

This Act is also known as the Montague-Chelmsford Reforms.
The Central subjects were demarcated and separated from those of the 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 responsible to the legislative Council.
The reserved subjects were to be administered by the governor and his executive council without being responsible to the legislative Council.
The Act introduced, for the first time, bicameralism at the centre.
Legislative Assembly with 140 members and Legislative council with 60 members. The majority of members were chosen by Direct elections.
The Act also required that the three of the six members of the Viceroy’s Executive Council (other than Commander-in-Chief) were to be Indians.
Provided for the establishment of the Public Service Commission.

Government of India Act of 1935

It provided for the establishment of an All-India Federation consisting of the Provinces and the Princely States as units, though the envisaged federation never came into being.
The Act divided the powers between the Centre and the units into items of three lists, namely the Federal List (for Centre with 59 items), the Provincial List (for provinces with 54 items) and the Concurrent List (for both with 36 items).
The Act abolished the Dyarchy in the Provinces and introduced ‘Provincial Autonomy’.
It provided for the adoption of Dyarchy at the Centre.
Introduced bicameralism in 6 out of 11 Provinces.
These six Provinces were Bengal, Bombay, Bihar, Madras, Assam and the United Province.
Provided for the establishment of Federal Court.
Abolished the Council of India.

Indian Independence Act of 1947

It declared India as an Independent and Sovereign State.
India was divided into two independent dominion, India and Pakistan.
Abolished the office of Viceroy and provided Governor-General for each dominion.
It designated the Governor-General of India and the provincial governors as constitutional (nominal) heads of the states.
It dropped the title of Emperor of India from the Royal titles of the king of England.
It discontinued the appointment to civil services and reservation of posts by the secretary of state of India. The members of the civil services appointed before August 15, 1947 would continue to enjoy all benefits that they were entitled to till that time.