Historical Background of Indian Constitution

 

Introduction

•         The British came to India in the 17th century initially for trading only. By the 1750s, the East India Company started interfering in Indian political issues. Eventually, after slowly gaining more power, they attained the rights to collect revenue and govern themselves. In order to do this, they enacted various laws, rules and regulations.

•         In 1858, after the Revolt of 1857, the rule of the East India Company was brought to an end. The British Crown surpassed direct control of India after the dissolution of the East India Company and begins the British Raj.

•         The British crown had always assumed the sovereignty over India. Government of India Act in 1858 was the first statute passed by parliament which is marked as the beginning of the evolution of the Indian Constitution.

 

There are various layers in the background of the Indian Constitution

•         Regulating Act 1773

•         Pitt’s India Act 1784

•         Charter Act of 1813

•         Charter Act of 1833

•         Charter Act of 1853

•         Government of India Act 1858

•         Indian Councils Act 1861

•         India Councils Act 1892

•         Indian Councils Act of 1909

•         Government of India Act 1919

•         Government of India Act 1935

•         Indian Independence Act 1947

 

Regulating Act 1773

•         The first step was taken by the British Parliament to control and regulate the affairs of the East India Company in India.

•         With this, the Presidency of Bengal was superior to those of Bombay and Madras. Also, its governor was then designated as the Governor-General of all the three provinces. Warren Hastings was authorized as the Governor-General through the act. (The Governor-General had no veto power).

•         An Executive Council of the Governor-General was created with 4 members. There was no separate legislative council.

•         The Supreme Court was established at Fort William (Calcutta) as the Apex Court in 1774, comprising of Chief Justice and three other Judges. Sir Elijah Impey as the first Chief Justice.

•         It prohibited servants of the company from engaging in any private trade or accepting bribes from the natives.

 

Pitt’s India Act 1784

•         In this Act, all the territories for the company were called “The British possessions in India”. This indicated the ownership of British Crown over the territory of East India Company in India.

•         Commercial and political functions of the company separated. The Court of Directors managed the commercial activities while the Board of Control managed political affairs.

•         Reduced the strength of the Governor General’s council to three members.

•         Governor’s councils were established in Madras and Bombay.

 

Charter Act of 1813

•         This Act asserted the Crown’s sovereignty over British possessions in India.

•         The company’s rule was extended to another 20 years. Their trade monopoly was ended except for the trade in tea, opium, and with China.

•         Another important feature of this act was to grant permission to the missionaries to come to India and engage in religious proselytization. The missionaries were successful in getting the appointment of a Bishop for British India with his headquarters at Calcutta in the provisions of the Act.

•         The act provided for a financial grant towards the revival of Indian literature and the promotion of science.

•         The company was also to take up a greater role in the education of the Indians under them. It was to set aside Rs.1 Lakh for this purpose.

 

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 Governor-General in council had the authority to amend, repeal or alter any law pertaining to all people and places in British Indian territories whether British, foreign or Indian native.

•         The civil and military affairs of the company were controlled by the Governor-General in council.

•         For the first time, the Governor-General’s government was called Government of India and the council was called India Council.

•         This act ended the commercial activities of the company and it was transformed into an administrative body.

•         The act mandated that any law made in India was to be put before the British Parliament and was to be called ‘Act’.

•         As per the act, an Indian law commission was established.  The first Law Commission had Lord Macaulay as its chairman. It sought to codify all Indian law.

 

 

Charter Act 1853

•         The legislative and executive powers of the Governor-General’s Council were separated.

•         A Central Legislative Council was created of 6 members out of which 4 were appointed by the provisional governments of Madras, Bombay, Agra and Bengal.

•         It introduced a system of open competition as the basis for the recruitment of civil servants of the Company.

•         The Act provided for the appointment of a separate governor for the Bengal Presidency. It maintained that the governor of Bengal should be different from the Governor-General who was to head administration of the whole of India.

•         The number of Board of Directors was reduced from 24 to 18 out of which 6 people were to be nominated by the British Crown.

•         This Act also led to the creation of Assam, Burma and the Central Provinces.

 

Government of India Act 1858

•         After the 1857 revolt, the rule of the company was ended and the British possessions in India came directly under the British Crown.

•         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 Indian administration was under his authority and the Viceroy was his agent. The Governor-General was designated the Viceroy as well, Lord Canning was the first Viceroy of India.

•         The Court of Directors and the Board of Control were abolished.

 

Indian Councils Act 1861

•         This Act introduced a popular element of involving Indians for the very first time to represent in the legislative council and executive council as the non-official members. three Indians entered the Legislative council. Lord Canning nominated three Indians to the Council in 1862 namely, the Raja of Benares, the Maharaja of Patiala and Sir Dinkar Rao.

•         Legislative councils were established in Center and provinces.

•         The Viceroy had the power to overrule the council if necessary.

•         The Secretary of State for India in Britain could also dissolve any act passed by the Governor-General’s Council.

•         The legislative council of Calcutta had extensive power to pass laws for the whole of British India.

•         It accorded statutory recognition to the portfolio system. Lord Canning, who was the Governor-General and Viceroy at the time, introduced the portfolio system. In this system, each member was assigned a portfolio of a particular department.

•         Decentralisation initiated with the presidencies of Madras and Bombay being restored their legislative powers.

 

India Council Act of 1892

•         The act increased the number of additional or non-official members in the legislative councils as follows:

Ø  Central Legislative Council: 10 – 16 members

Ø  Bengal: 20 members

Ø  Madras: 20 members

Ø  Bombay: 8 members

Ø  Oudh: 15 members

Ø  North Western Province: 15

•         In 1892, out of 24 members, only 5 were Indian

•         Gave more functions to the legislative councils such as the discussion of budget and questioning the executive.

•         The legislative councils were empowered to make new laws and repeal old laws with the permission of the Governor-General.

•         Introduced indirect elections (nomination). The principle of representation was initiated through this act. The district boards, universities, municipalities, chambers of commerce and zamindars were authorised to recommend members to the provincial councils.

 

Indian Councils Act of 1909

•         This Act is also known as the Morley- Minto Reforms.

•         Direct elections to the legislative councils were introduced for the first time.

•         It changed the name of the Central Legislative Council to the Imperial Legislative Council.

•         Indians were given membership to the Imperial Legislative Council for the first time.

•         The member of the Central Legislative Council was increased to 60 from 16.

•         It introduced separate electorates for the Muslims. Some constituencies were earmarked for Muslims and only Muslims could vote their representatives.

•         Lord Minto appointed Satyendra P Sinha as the first Indian member of the Viceroy’s Executive Council.

 

Government of India Act of 1919

•         Act is also known as the Montague-Chelmsford Reforms.

•         The Central subjects were demarcated and separated from those of the Provincial subjects.

•         Dyarchy was introduced, i.e., there were two classes of administrators – Executive councillors and ministers. The Governor was the executive head of the province. The subjects were divided into two lists – reserved and transferred. Governor was not responsible to the Legislative council.

•         A bicameral legislature was introduced for the first time at the centre. (Legislative council and legislative assembly later to become Rajya Sabha and Lok Sabha respectively). Legislative Assembly with 140 members and Legislative council with 60 members.

•         The size of the provincial legislative assemblies was increased. Now about 70% of the members were elected.

•         It mandated 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.

•         This act extended the right to vote and with this, about 10% of the population acquired voting rights. Some Indian women also had the right to vote for the first time.

•         The act also provided that after 10 years, a statutory commission would be set up to study the working of the government. This resulted in the Simon Commission of 1927.

 

Government of India Act 1935

•         The Act 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.

•         This Act divided powers between the centre and the provinces.

•         There were three lists which gave the subjects under each government. Federal List (Centre), Provincial List (Provinces), Concurrent List (Both). The Federal List for the Centre consisted of 59 items, the Provincial List for the provinces consisted of 54 items and the Concurrent List for both consisted of 36 items.

•         The Viceroy was vested with residual powers.

•         The Act abolished the Dyarchy in the Provinces and introduced ‘Provincial Autonomy’.

•         More autonomy was accorded to the provinces and in 6 out of 11 provinces, the bicameral legislature was introduced. These six Provinces were Assam, Bengal, Bombay, Bihar, Madras and the United Province.

•         A federal court was established at Delhi for the resolution of disputes between provinces and also between the centre and the provinces. It was to have 1 Chief Justice and not more than 6 judges.

•         The Indian Council was abolished. The Secretary of State for India would instead have a team of advisors.

•         This Act introduced direct elections in India for the first time.

•         This act provided for the establishment of the RBI.

•         Sindh was carved out of Bombay Presidency.

•         Bihar and Orissa were split.

•         Burma and Aden were separated from India and made into a Crown colony.

•         The Government of India Act 1935 was replaced by the Constitution of India after independence.

 

Indian Independence Act 1947

•         Lord Mountbatten came to India as the last Viceroy and was assigned the task of a speedy transfer of power by the then British Prime Minister Clement Atlee.

•         the viceroy came up with plan called the June 3 Plan. This plan was the last plan for Indian independence. It is also called the Mountbatten Plan.

•         The June 3 Plan included the principles of partition, autonomy, sovereignty to both nations, right to make their own constitution.

•         This plan was put into action by the Indian Independence Act 1947 which was passed in the British Parliament and received the royal assent on 18 July 1947.

•         The act provided for the partition of India and Pakistan and all the laws which were enforced in British India would be applicable to both dominions until amended by their respective legislature.

•         India was declared independent and sovereign.

•         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.