History of Indian Constitution

With the advent of the British for trade in 1600, The East India Company gradually began to take up a shape of administration in Indian States.
The British Parliament issued a charter for trade which laid down a Constitution-like rule book,mentioning rights, duties,powers,privileges etc.
It has a 24-member governing body headed by a Governor,which gradually transformed into Court of Directors.
Hence the Governor was empowered to make laws for good governance of the Company.
Subsequently,it took a no.of changes in later years.
In 1726,a Charter empowered Governor-in-council of three Presidencies of Bombay Madras and Calcutta to make by-laws,rules and ordinances in accordance with the English Laws and subject to the approval of Court of Director,and Mayor's Court was established in the above-mentioned three Presidencies by the Charter of 1726.
After which some Major Rules and Acts were passed during the East India Company rule till 1857.

REGULATING ACT OF 1773

It is generally seen as the first step in making of the present Constitution, being the beginning of the efforts of the British Parliamentary control over East India Company.

Features of regulating act of 1773

1. It,for the first time, presented a written Constitution for the Company Rule in India and henceforth, Board of Directors were asked to report the Company's Revenue,Civil and Military affairs in India.
2. It acknowledged the political and administrative responsibility of the Company.
3. First step in consolidation of British Rule and centralization of administration in India.
4. It designated the Governor of Bengal as Governor General and created an Executive Council comprising 4 members to assist him in administration.
5.Governors of Bombay and Madras were made subordinate to Governor General of Bengal.
6. A Supreme Court was established in Calcutta in 1774 comprising a Chief Justice and three more Judges.

PITT's INDIA ACT,1784.

Before this an Act was passed by the British Parliament,which was meant for rectifying the defects of the Regulating Act,1773.
It is popularly known as "Act of Settlement." or "Amending Act of 1781.
After which, on the name of British PM,W illium Pitt,Pitt's India Act,1784 was passed.

Salient Features

1. It sagrigated the Company's Commercial and Political Affairs.
2. Commercial matters of trade and commerce remained under the Court of Directors but for the Political affairs,the Parliament appointed a Board of Control comprising Six members,which was empowered to superintend,direct and control all the operations of civil and military government of British possession in India.

CHARTER ACT,1833

with passage of time,The British Parliament brought a few legislations for smooth functioning of East India Company before the Third Charter Act,1833
with this,India saw a faint beginning of Constitutional development.It brought an element of Institional Specialisation,by differentiating the Legislature meeting of Governor General from the Executive meetings.
It designated the Governor General of Bengal as Governor General of India and he was vested with the Superintendence,direction and control of civil and military power of entire British Territories in India alongwith revenue administration.
For Governor General's government was called as "Government of India" and his Gov. Gen Council as "Indian Council",which was enlarged by including an additional Law Member to existing three members.the Council was vested with exclusive power of legislation for the entire British Territories in India,subject to a limited restriction.
Governors of Madrass and Bombay were left with no legislative power.
It,for the first time,proposed for the open competition so that Indians could also be included in Civil services,which was dropped after opposition of the Court of Directors

CHARTER ACT,1853

1. The legislative and executive functions of Governor General's council was separated and Six new members,-called as Legislative Councillors, were included into the Council,which was named as Central Legislative Council.
The total strength of CLA was raised to 12.

However,these 6 special members were expressly debarred from sitting and voting in the council ,except at meetings called for making Laws and Regulations and it functioned as "Mini Parliament". from among 6 new members,
it introduced the inclusion of local representatives each one from the provincial governments of Madras,Bombay, Calcutta and Agra in the Central Legislative
Council.

2. it provided an open competition for selection and recruitment of Civil Servants,and was ,now,open for the Indians also.

GOVERNMENT OF INDIA ACT,1858

After the historical First War of Independence in 1857,which shook up the British Parliament,which enacted the "Act for the Good Government of India,thus abolished East India Company and transferred the power to the British Crown.

Main Features of the Act.

1. It is populary known as "Victoria Proclaimation"
2. India,henceforce,to be governed in the name of "British Crown".
3. It abolished both the Board of Control and Court of Director.
4. the Governor General of India was, now,designated as "Viceroy of India"who was made direct representative of the British Crown.
5. A new office of "Secretary of State",a (member of the British Cabinet,) was created,vested with complete authority and control over Indian administration and was responsible to the British Parliament.
6. It established a an advisory body, a 15-member Council to assist the Secretary of State for India.
This Act was largely confined to the improvement of administrative machinery by which the Indian Government was to be superintended and controlled from British Parliament.
The Act did not bring any substantial change in Government,which prevailed in India.

INDIAN COUNCILS ACT,1861

After the revolt of 1857,the Government could notice the sentiments of the Indians and decided to include some Indians into Council.
It became a landmark Act in the Constitutional history of India.
Important Features
1. It provided for associating Indians into Law Making Process and thus made a beginning of Representative Institutions
It empowered Viceroy to nominate some Indians as Non-Official members of the Council.Consequently,Lord Canning,the Viceroy of India,nominated Maharaj of Patiala,Raja of Benaras and Sir Dinakar Rao to the newly constituted Legislative Council.
2. It initiated the process of Decentralisation by restoring the Legislative powers of Bombay and Madras presidencies,which was ceased in Charter Act of 1833.
3. It empowered the Vicetoy to proclaim Ordinances without the concurrence of the Legislative Council,in case of emergency.(just as in Present Constitution under Article-123)

Criticism of - INDIAN COUNCILS ACT,1861

1.It did not satisfy the aspirations of Indians
2. It made Viceroy all powerful.
3. Non Official members had limited powers,so they could hardly play an effective role as neither questions could be asked nor budget could be discussed.

The Indian Council Act of 1892

It was an Amending Act to the Indian Council Act of 1861. It did not introduce any significant changes in the existing set up

Features of the Act of 1892

1. It increased the number of additional (non-official) members in the Central and provincial legislative councils, but maintained the official majority in them. The number of additional members of the Central Legislative Council was increased to minimum 1O and maximum 16.
Half of these members were supposed to be non-official i.e. persons not in the Civil or Military Service of the Government. In the case of Bombay and Madras it was increased to not less than 8 and not more than 20.
2. It increased the functions of legislative councils
The Act allowed the members to put questions on internal matters, but supplementary questions were not allowed.
It gave the Indians an opportunity to participate in the legislative process and understand the rules and procedures associated with the same.
3. It provided for the nomination of some non-official members of the
(a) Central Legislative Council by the viceroy on the recommendation of the provincial legislative councils and the Bengal Chamber of Commerce, and
(b) that of the Provincial legislative councils by the Governors on the recommendation of the district boards, municipalities, universities, trade associations, zamindars and chambers. `The act made a limited and indirect provision for the use of election in filling up some of the non-official seats both in the Central and provincial legislative councils. The word "election" was, however, not used in the act. The process was described as nomination made on the recommendation of certain bodies.

INDIAN COUNCIL ACT,1909

It is also known as MORLEY(the then Secretary of State)-MINTO(the then Viceroy of India) Reforms.
It is regarded as an Act of appeasement to the Moderates as well as Muslims.

Features of the Act

It provided for the enlargement of members in both Central and Provincial Legislative Councils.
The number of members in the Central Legislative Council was raised from 16 to 60.
the majority of Official members in the Central Legislative Council was retained.
In the Provincial Legislative Council,non-official majority was introduced.but since some of the non official members were nominated,not elected.
therefore, overall non-elected majority remained.
apart from this,these elected members were to be elected indirectly.
Provision for Separate Electorate for Muslims was introduced.
Voters were to be categorised as per Income.Income Qualification for a registered voter was kept lower for Muslims than Hindus.
Powers of Legislatures were enlarged and they could,now,pass resolutions(subject to acceptance by the Viceroy),ask questions as well as Supplementary questions,vote on separate items in the budget but they could not vote on budget as a whole.
It was provided for appointment of one Indian to the Viceroy Executive Council.
Satyendra N Sinha was the first Indian in the Council as Law Member.
It also provided for the separate representation of Presidency Corporations,Chambers of Commerce Universities as well as Zamindars.

GOVERNMENT OF INDIA ACT,1919

On August 20, 1917, the British Government declared, for the first time, that its objective was the gradual introduction of responsible government in India. The Government of India Act of 1919 was based on Montegu-Chelmsford report which came into force in 1921.
It is also known as MonFord Reforms (Montagu was the Secretary of State for India and Lord Chelmsford was the Viceroy of India).

Features of the Act

1. It relaxed the central control over the provinces by demarcating and separating the central and provincial subjects. The central and provincial legislatures were authorised to make laws on their respective list of subjects. However, the structure of government continued to be centralised and unitary.
2. 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, on the other hand, were to be administered by the governor and his executive council without being responsible to the legislative Council. This dual scheme of governance was known as `dyarchy'— ,means double rule,was introduced in Eight major provinces which were known as "Governor's Provinces". However, this experiment was largely unsuccessful.
3. It introduced, for the first time, bicameralism and direct elections in the country. Thus, the Indian Legislative Council was replaced by a bicameral legislature consisting of an Upper House (Council of State) and a Lower House (Legislative Assembly). The majority of members of both the Houses were chosen by direct election.
4. It required that the three of the six members of the Viceroy's executive Council (other than the commander-in-chief) were to be Indian.
5. It extended the principle of communal representation by providing separate electorates for Sikhs, Indian Christians, Anglo-Indians and Europeans.
6. It granted franchise to a limited number of people on the basis of property, tax or education.
7. It created a new office of the High Commissioner for India in London and transferred to him some of the functions hitherto performed by the Secretary of State for India.
8. It provided for the establishment of a public service commission. Hence, a Central Public Service Commission was set up in 1926 for recruiting civil servants.
9. It separated, for the first time, provincial budgets from the Central budget and authorised the provincial legislatures to enact their budgets. 10. It provided for the appointment of a statutory commission to inquire into and report on its working after ten years after implementation.
The Famous Simon Commission was set up under the above provision of Government of India Act,1919.

GOVERNMENT OF INDIA ACT,1935

The present Constitution inherited nearly two-thirds of provision from Government of India Act 1935
IT was originally passed in August 1935 and is said to have been the longest (British) Act of Parliament ever enacted by that time.

The most significant aspects

1. the grant of a large measure of autonomy to the provinces of British India by ending the system of dyarchy introduced by the Government of India Act 1919.
2. It provided for the establishment of a "Federation of India", to be made up of both British India and some or all of the "princely states ".but it never came into force because the Princely States did not accept it.
3. Executives-:
Subjects to be administered were divided into Reserved subjects(Foreign affairs,Defence,Communication etc) to be exclusively administered by the Viceroy on the advice of Executive Councillors,not responsible to the Central Legislative Assembly and Transferred Subject(Education Health etc) administered by the Viceroy on the advice of ministers elected by the Legislature,who were responsible to the Assembly.
4.Legislature
(a).Bicameral-
Upper House(Council of States) having 260 members,out of which 60% to be directly elected from British India and 40% to be nominated by the Princely States.
Lower House(Federal Assembly) comprising 375 members-
2/3 tp be indirectly elected from the British India provinces and 1/3 to be nominated by Princely States.
Three Lists-Federal,Provincial and Concurrent.
Viceroy had the residuary powers.
At Provincial Level
5.Provincial Autonomy
(a)The provinces were granted automy after replacing Dyarchy.
(b)Provincial Government was freed from the Superintendence and Control of Secretary of State and Viceroy and henceforth derived legal authority from the Crown.
(c) Governor was to be Crown's nominee and act on the advice of Ministers who were responsible to the Provincial Legislature.
Still,Governor had special powers regarding Minority,Civil Servants,Law & order,British Citizens,Princely states area etc.
(d).membership of the provincial assemblies was altered so as to include more elected Indian representatives,
(e) Provision of Separate Electorate on the Basis of Communal Award.
(f) All members in the Provincial Assembly were to be Directly elected.
(g). Women were granted Voting right.
6. Judiciary.
It provided for the establishment of a Federal Court,which began functioning from 1st October 1937.

AUGUST OFFER-1940

After outbreak of Second World War,British declared participation of India into war,without taking Provincial Ministries into confidence and in response,the Provincial ministries resigned.
In the beginning of the war,Britain and her allies faced strong setbacks and Britain came in a conciliatory mood .So,Indian support was utmost required.To get Indian support into war,
Lord Linlithgow,the Viceroy announced "August Offer".

Main Features

1. Grant of Dominion Status would be a long-term objective.
2. A representative “Constitution Making Body” shall be appointed,where mainly Indians would decide the Constitution according to their social,economic and political conceptions,subject to fulfilment of obligation of the Government regarding Defence,Minorities rights,International treaties and All India Services. immediately after the war.
3. The number of the Indians in the Viceroy’s Executive council will be increased.
4. A war advisory Council would be set up.
5. Minorities Consent to be essential for any future settlement.

CRIPPS MISSION-1942

In March 1942,a mission headed by a labourite-Sir Stafford Cripps was sent to negotiate with the Indian leaders to seek India's support in the war,since Britain had faced reverses in South East Asia and its allies such as USA n USSR pressurized to seek Indian support in the war.

The main proposals of the mission

1. An Indian Union with a dominion status; would be set up; it would be free to decide its relations with the Commonwealth and free to participate in the United Nations and other international bodies.
2. After the end of the war, a constituent assembly would be convened to frame a new constitution. Members of this assembly would be partly elected by the provincial assemblies through proportional representation and partly nominated by the princes.
3. The British Government would accept the new constitution subject to two conditions.
(i) any province not willing to join the Union could have a separate constitution and form a separate Union, and (ii) the new constitution- making body and the British Government would negotiate a treaty to effect the transfer of power and to safeguard racial and religious minorities.
4. In the meantime, defence of India would remain in British hands and the governor-general’s powers would remain intact.

The Indian Independence Act,1947

It was based upon the Mountbatten plan of 3rd June 1947 and was passed by the British parliament on 05 July,1947 and received royal assent on 18 July,1947.
It led to Independence of India and formation of two Sovereign States i.e. India & Pakistan.

Salient features

1. It provided for two dominion states : India and Pakistan
2. The boundaries between the two dominion states were to be determined by a Boundary Commission,headed by Sir Cyril Radcliff.
3. It provided for partition of Punjab & Bengal and separate boundary commissions to demarcate the boundaries between them.
4. Pakistan was to be comprised of West Punjab, East Bengal, Territories of Sind, North West frontier provinces, Sylhet divisions of Assam, Bhawalpur, khairpur, Baluchistan and 8 other princely states of Baluchistan.
5. The authority of the British Crown over the princely states ceased and they were free to join either India or Pakistan or remain independent.
6. Both the dominions of India and Pakistan were to have Governor Generals to be appointed by the British King. The act also provided for a common Governor general if both of them agreed.
7. The constituent assemblies of both the states were free to make constitutions of their respective countries.
8. Until the constitution was made, both of them would be governed in accordance with the Government of India Act, 1935.
9. Any modification or omission could be done by the Governor General.
10. British Government would not continue any control on any dominion.
11. The Governor general was invested with adequate powers till March 1948 to issue orders for effective implementation of the provisions of the Indian independence Act 1947.
12. Those civil servants who had been appointed before 15 August 1947, would continue in the service with same privileges.