Historical Background of Indian Constitution

Historical Background of Indian Constitution

The East India Company, which had the sole right to trade in India under a charter granted by Queen Elizabeth I, arrived in India in 1600 as traders. In 1765, the Company got the ‘diwani’ (i.e., rights over tax and civil justice) of Bengal, Bihar, and Orissa, which it had previously only possessed solely trade functions. This began its existence as a territorial authority. Following the’sepoy mutiny’ in 1858, the British Crown seized direct responsibility for India’s governance. This rule lasted until August 15, 1947, when India gained independence.

Historical Background of Indian Constitution

Prior to 1947, India was divided into two primary entities: British India, which consisted of 11 provinces, and the Princely States, which were administered by Indian princes under a policy of subsidiary alliance. Although the two entities combined to form the Indian Union, many of the legacy systems from British India are still in use today. Many regulations and actions passed before India’s independence can be traced back to the historical foundations and evolution of the Indian Constitution.

Historical Background of Indian Constitution

Let us look at the history of the Indian Constitution and how it has evolved through time.

The Constitution of India Has Changed Over Time

In the backdrop of the Indian Constitution, there are several layers:Historical Background of Indian Constitution

• Key Features of Regulating Act of 1773
• Key Features of Pitt’s India Act of 1784
• Key Features of Charter Act of 1813
• Key Features of Charter Act of 1833
• Key Features of Charter Act of 1853
• Key Features of Government of India Act of 1858
• Key Features of Indian Councils Act of 1861
• Key Features of India Councils Act of 1892
• Key Features of Morley-Minto Reforms 1909
• Key Features of Montague-Chelmsford Reforms  1919
• Key Features of Government of India Act of 1935
• Key Features of Indian Independence Act of 1947

Historical Background of Indian Constitution

Key Features of the Regulating Act of 1773

• The Regulating Act of 1773 was significant in terms of constitutional significance since it was the first move made by the British government to supervise and regulate the East India Company’s business in India, as well as the acknowledgement of the Company’s administrative and political powers.

• It named the Governor-General of Bengal and established a four-member Executive Council to support him. The first Governor-General of Bengal was Lord Warren Hastings.

• The Governors-General of Bengal are subordinate to the Governors-General of Bombay and Madras.

• The British Parliament took the first step in controlling and regulating the East India Company’s operations in India.

• It named the Governor-General as the Governor of Bengal (Fort William) (of Bengal).

• Warren Hastings became Bengal’s first Governor-General.

• The Governor-Executive General’s Council was founded (Four members). A separate legislative council did not exist.

• The administration was centralised, with the Madras and Bombay Presidency becoming subordinate to the Bengal Presidency.

• In 1774, the Supreme Court was created as the Apex Court in Fort William (Calcutta). It established a Supreme Court in Calcutta (1774), consisting of one Chiel Justice and three additional judges.

• It made it illegal for company servants to engage in any private trade or accept bribes from natives.

Historical Background of Indian Constitution

Key features of Pitt’s India Act of 1784

Pitt’s India Act of 1784 fixed the weaknesses in the Regulating Act of 1773 and made the company’s Indian colonies administration more effective and responsible. This statute gave the Indian government complete control over a company’s business and administration.

• It differentiated between the company’s commercial and political functions.
• Commercial activities are handled by the Court of Directors, while political affairs are handled by the Board of Control.
• The Governor General’s Council has been reduced to three members.
• Placed the British government in direct charge of Indian affairs.
• The company’s Indian lands were dubbed “British possession in India.”
• In Madras and Bombay, governor’s councils were constituted.

Historical Background of Indian Constitution

Features of the Charter Act of 1813

The Crown’s jurisdiction over British India was asserted by the Charter Act of 1813, which defined the British constitutional position in India. It also expands the scope of private trading for British merchants.

• The Company’s monopoly over Indian trade was lifted, and all British citizens were free to trade with India.
• By outlining the constitutional status of the British in India, this asserted the Crown’s control over British India.
• This statute also gave local governments the authority to levy taxes on those who fall under the Supreme Court’s jurisdiction.
• The power of the provincial administrations and courts in India was also strengthened for European British subjects.
• Funding was set aside to encourage the revival of Indian literature and the advancement of science.
• This act also allows missionaries to go to India and propagate Christianity.

Historical Background of Indian Constitution

Main features of The Charter Act of 1833

The Industrial Revolution in England resulted in the 1833 Charter Act, which stipulated that Indians must serve as a market for English mass industry based on the principle of ‘Laissez Faire.’ The Governor-General of Bengal was replaced by the Governor-General of India as a result of this act.

• The Governor-General (of Bengal) was elevated to the position of Governor-General of India.
• Lord William Bentick was India’s first Governor-General.
• In British India, this was the penultimate step toward centralization.
• The act also took away the legislative powers of the provinces of Bombay and Madras, resulting in the establishment of a central legislature for India.
• The East India Company’s activities as a commercial entity were curtailed by the Act, and it was reduced to a purely administrative entity.

 Historical Background of Indian Constitution

Charter Act of 1853: Main features

The Charter Act of 1853 was drafted in response to the Select Committees of Enquiry’s reports from 1852. The Act established Local Representation in the Indian (Central) Legislative Council for the first time.

• The British East India Company was given the authority to keep the territories and revenues in India in trust for the crown by the Charter Act of 1853, but only until Parliament directed otherwise. Previous Charter Acts had given the British East India Company the authority to keep the territories and revenues in India in trust for the crown for a specific period of time. This was based on the reports of the select committees of inquiry from 1852. The Charter Act of 1853 was enacted as a result of Raja Ram Roy Mohan Roy’s journey to England and the pleas of the Bombay Association and the Madras Native Association.
• In terms of legislation, the Governor-Council General’s was to follow the same procedure as the British Parliament. Members might ask questions and discuss the Executive Council’s policy.
• The Executive Council was given the power to veto a law enacted by the Council in its legislative capacity.
• Bills were referred to the Select Committee rather than any individual member, and legislative business was done in public with oral discussion.
• The executive and legislative duties of the Governor-legislative General’s Council were separated for the first time.
• It called for the election of six legislative councillors, who would be added to the council.
• To put it another way, it established the Indian (Central) Legislative Council as a separate Governor General’s Legislative Council.
• The legislative part of the council functioned as a mini-Parliament, using the same rules as the British Parliament.
• Legislation was recognised for the first time as a distinct government function requiring specialised equipment and procedures.

Historical Background of Indian Constitution

Government of India Act of 1858

Following the 1857 uprising, the Government of India Act of 1858 was passed to abolish the company’s administration and transfer it to the British crown. The British Governor-General of India was given the title of viceroy, and he was appointed as the monarch’s agent.

• In India, the rule of the Company was superseded by the rule of the Crown, which was to be exercised by the Secretary of State for India.

• He was aided by the 15-member Council of India;

• He was given entire authority and control over the Indian administration through the Viceroy as his agent;

 • The Governor-General was appointed Viceroy of India; and Lord Canning was the first Viceroy of India.

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

Indian Councils Act of 1861

• It was the first time that Indians were represented in institutions such as the Viceroy’s executive and legislative council (non-official). Three Native Americans were elected to the Legislative Council.

• In the centre and provinces, legislative councils were constituted.

• Provisions were provided for Indians to serve as non-official members of the Viceroy’s Executive Council.

• It gave the portfolio system formal status.

• Started the decentralisation movement by restoring legislative powers to the provinces of Bombay and Madras.

Historical Background of Indian Constitution

India Council Act of 1892

• Indirect elections were implemented (nomination).

• The size of the legislative councils has been increased.

• Expanded the powers of the Legislative Councils by allowing them to debate the budget and ask questions of the Executive.

Historical Background of Indian Constitution

Indian Councils Act of 1909

• The Morley-Minto Reforms are another name for this act.
• Legislative councils are elected directly; this is the first attempt to include a representational and popular aspect.
• It stipulated that presidential corporations, chambers of trade, universities, and zamindars be represented separately.
• It renamed the Central Legislative Council the Imperial Legislative Council and significantly expanded the size of both the Central and Provincial Legislative Councils. The Central Legislative Council has been expanded from 16 to 60 members. In the provincial legislative councils, the number of members varied.
• By embracing the concept of a separate electorate, it established a system of communal representation for Muslims. The Muslim members were to be elected solely by Muslim voters under this arrangement. As a result of the Act, Lord Minto became recognised as the “Father of the Communal Electorate.”
• For the first time, Indians are represented in Viceroy’s executive council. (As a law member, Satyendra Prasanna Sinha)

Historical Background of Indian Constitution

Government of India Act of 1919

The Government of India Act of 1919, commonly known as the Montagu-Chelmsford Reforms, took effect in 1921. It was established in the British Indian polity to introduce Diarchy, or the rule of two, which consists of executive councillors and popular ministers.

• The Montague-Chelmsford Reforms are another name for this act.
• The Central topics were divided from the Provincial subjects by a dividing line.
•  In the Provincial subjects, the ‘Dyarchy’ system of dual governance was implemented.
• It established a new post of the High Commissioner for India in London and delegated some of the Secretary of State for India’s responsibilities to him.
• The provincial topics were separated into two categories under the dyarchy system: transferred and reserved. The Governor was not accountable to the Legislative Council on restricted matters.
• It established distinct electorates for Sikhs, Indian Christians, Anglo-Indians, and Europeans, extending the notion of communal representation.
• The Act established bicameralism at the federal level for the first time.
• There are 140 members of the Legislative Assembly and 60 members of the Legislative Council.
• Elections that are held directly.
• The Act also stipulated that three of the Viceroy’s Executive Council’s six members (excluding the Commander-in-Chief) must be Indians.
• It mandated the creation of a public service commission. As a result, in 1926, the Central Public Service Commission was established to recruit civil officials.

Historical Background of Indian Constitution

Government of India Act of 1935

The Government of India Act of 1935 was the second major step in India’s transition to a fully accountable government. It brought an end to the Diarchy and allowed for the formation of the All India Federation. The experiment of provincial autonomy served certain valuable goals under this legislation, therefore we may argue that the Government of India Act 1935 marks a point of no return in India’s constitutional development.

• Three Lists: The Act split the authority of the Centre and the units into three lists: Federal, Provincial, and Concurrent.
• There were 59 items on the Federal List for the Centre, 54 items on the Provincial List for the provinces, and 36 things on the Concurrent List for both.
• The Governor-General was given the residuary powers.
• Assam, Bengal, Bombay, Bihar, Madras, and the United Province were the six provinces.
• Provided for the formation of the Federal Court.
• The Council of India was abolished.
• The Act eliminated the provinces’ Dyarchy and replaced it with ‘Provincial Autonomy.’
• It stipulated that Dyarchy be implemented at the Center.
• Bicameralism was implemented in six of the eleven provinces.
• The Act called for the formation of an All-India Federation with Provinces and Princely States as units, but the federation never materialised.

Historical Background of Indian Constitution

Indian Independence Act of 1947

• India was declared sovereign and independent.
• Established responsible governments at the national and provincial levels.
• It gave the Constituent Assembly dual powers (Constituent and Legislative) and designated the dominion legislature a sovereign body.
• The Viceroy and Governors were elevated to the position of constitutional (nominal) heads.
• Establish responsible governments at the national and provincial levels.

Historical Background of Indian Constitution