Indian Constitution Historical Background

Historical background

The British arrived in India in 1600 as traders through the East India Company, which was granted exclusive trading rights by Queen Elizabeth I. By 1765, the Company transitioned from trading to governance when it acquired the rights to collect revenue and administer civil justice in Bengal, Bihar, and Orissa. This marked the beginning of its role as a territorial authority. In 1858, following the sepoy mutiny, the British Crown took over direct control of India, a rule that lasted until India gained independence on August 15, 1947.
With independence, there was a pressing need for a Constitution. In 1934, M N Roy, a key figure in India’s communist movement, proposed the formation of a Constituent Assembly, which was established in 1946. The Constitution was officially adopted on January 26, 1950. Many aspects of the Indian Constitution and political system can be traced back to British rule, as certain events during that period helped shape the legal framework for governance and administration in British India.
Various phases of the growth of our Constitution from the advent of the English on indian shore till this day. We can brodly divide the period as follows:-

1. 1600 – 1765.
2. 1765 – 1858
3. 1858 – 1919
4. 1919 – 1947
5. 1947 – 1950

Important Acts before 1947

THE COMPANY RULE (1773–1858)

Regulating Act of 1773

This law is very important for the constitution because it was the first action by the British Government to manage the East India Company’s activities in India. It acknowledged the Company’s political and administrative roles for the first time and established the basis for central governance in India.
• The Act named the Governor of Bengal as the ‘Governor-General of Bengal’ and set up an Executive Council with four members to help him.
• Lord Warren Hastings was the first to hold the title of Governor-General.
• The governors of Bombay and Madras were made subordinate to the Governor-General of Bengal, unlike before when they were independent.
• A Supreme Court was established in Calcutta in 1774, consisting of one chief justice and three judges.
• The Act banned Company servants from private trade and from accepting gifts or bribes from local people.

Pitt’s India Act of 1784

To fix the issues with the Regulating Act of 1773, the British Parliament introduced the Amending Act of 1781, which is also referred to as the Act of Settlement.
• The Act separated the commercial and political roles of the Company.
• It allowed the Court of Directors to handle business matters.
• A new group, the Board of Control, was formed to oversee political matters.
• This created a dual system of governance.
• The Board of Control was given authority over civil and military operations in British India.

Charter Act of 1833

This Act was the final step towards centralisation in British India.
• The Act established the Governor-General of Bengal as the Governor-General of India, granting him full civil and military authority. This marked the creation of a unified Government of India under British control. Lord William Bentick was appointed as the first Governor-General of India.
• The Act removed the legislative powers from the governors of Bombay and Madras, giving exclusive legislative authority to the Governor-General of India for all of British India. Laws created before this Act were known as Regulations, while those made under this Act were termed Acts.
• The Act transformed the East India Company from a commercial entity into an administrative one, stating that its territories in India were held in trust for the British monarchy and its successors.
• The Charter Act of 1833 aimed to establish a competitive system for selecting civil servants, allowing Indians to hold positions within the Company. However, this initiative faced opposition from the Court of Directors, leading to its rejection.
• Overall, the Act significantly altered the governance structure in India, centralizing power and changing the role of the East India Company.

Charter Act of 1853

This was the last of the series of Charter Acts passed by the British
Parliament between 1793 and 1853. It was a significant constitutional landmark.
• For the first time, it divided the legislative and executive roles of the Governor-General’s council.
• It added six new members known as legislative councillors to the council.
• This created a distinct Governor-General’s legislative council, called the Indian (Central) Legislative Council.
• This legislative body operated like a mini-Parliament, following British Parliament procedures.
• Legislation was recognized as a unique government function, needing special processes and machinery.

THE CROWN RULE (1858–1947)

Government of India Act of 1858

This important law was passed after the 1857 Revolt, also called the First War of Independence or the sepoy mutiny. It ended the East India Company and gave control of the government, land, and taxes to the British Crown.
• The legislation stipulated that India would henceforth be administered in the name of Her Majesty.
• It redefined the title of the Governor-General of India to Viceroy of India.
• The Viceroy served as the direct representative of the British Crown in India.
• Consequently, Lord Canning was appointed as the inaugural Viceroy of India.
• This Act primarily focused on enhancing the administrative framework overseeing Indian governance from England, without significantly changing the existing governmental structure in India.

Indian Councils Act of 1861, 1892 and 1909

Following the significant uprising of 1857, the British Government recognized the need to involve Indians in the governance of their nation. To implement this collaborative approach, the British Parliament passed three acts in 1861, 1892, and 1909. The Indian Councils Act of 1861 stands out as a crucial milestone in India’s constitutional and political development.
Features of the Act of 1861
• It started representative institutions by including Indians in the law-making process.
• The viceroy was to choose some Indians as non-official members of his larger council.
• In 1862, Lord Canning nominated three Indians to his legislative council: the Raja of Benaras, the Maharaja of Patiala, and Sir Dinkar Rao.
• It began decentralization by giving legislative powers back to the Bombay and Madras Presidencies.
• This change led to almost complete internal autonomy for the provinces in 1937.
Features of the Act of 1892
• The number of extra non-official members in the Central and provincial legislative councils was increased.
• The official majority in these councils was still kept intact.
• Legislative councils gained more functions, including budget discussions and questioning the executive.
Features of the Act of 1909
• The Morley-Minto Reforms were named after Lord Morley and Lord Minto.
• The Act expanded legislative councils, increasing the Central Legislative Council from 16 to 60 members.
• It kept an official majority in the Central Council but allowed a non-official majority in provincial councils.
• The Act enhanced the councils’ functions, enabling members to ask questions and propose budget resolutions.
• It was the first to include Indians in the Viceroy’s and Governors’ Executive Councils, with Satyendra Prasad Sinha as the first Indian member.

Government of India Act of 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 thus enacted, which came into
force in 1921. This Act is also known as Montagu-Chelmsford Reforms
(Montagu was the Secretary of State for India and Lord Chelmsford was the
Viceroy of India)
• It reduced central control over provinces by defining central and provincial subjects.
• Both central and provincial legislatures could create laws for their own subjects.
• Despite this, the government structure remained centralized.
• Provincial subjects were split into two categories: transferred and reserved.
• The governor managed transferred subjects with help from ministers.
• Reserved subjects were handled solely by the governor and his council.
• This governance method was called ‘dyarchy’, meaning double rule.
• The dyarchy system faced many challenges and was not very effective.
• Bicameralism and direct elections were introduced for the first time.
• The Indian Legislative Council was replaced with an Upper House and a Lower House.
In November 1927, two years ahead of schedule, the British Government announced the formation of a seven-member commission led by Sir John Simon to assess India’s situation under its new Constitution. Since all members were British, various parties chose to boycott the commission. The commission presented its findings in 1930, suggesting the removal of dyarchy, the expansion of responsible governance in provinces, the creation of a federation including British India and princely states, and the maintenance of communal electorates. To discuss these suggestions, the British Government held three round table conferences with representatives from the British Government, British India, and Indian princely states. Following these talks, a ‘White Paper on Constitutional Reforms’ was created and sent to the Joint Select Committee of the British Parliament for review. The committee’s recommendations were later included, with some modifications, in the Government of India Act of 1935.
In August 1932, British Prime Minister Ramsay MacDonald introduced the Communal Award, which established separate electorates for various minorities, including Muslims, Sikhs, Indian Christians, Anglo-Indians, and Europeans, and also included the depressed classes. This decision upset Gandhiji, who was against extending communal representation to the depressed classes, leading him to fast in Yeravada Jail to push for changes. Eventually, a compromise was reached between Congress leaders and representatives of the depressed classes, resulting in the Poona Pact, which maintained a joint Hindu electorate while reserving seats for the depressed classes.

Government of India Act of 1935

• The Act aimed to create an All-India Federation with provinces and princely states.
• It split powers into three categories: Federal List for the Centre, Provincial List for provinces, and Concurrent List for both.
• The Viceroy received the residuary powers.
• The federation was never formed as princely states opted out.
• Dyarchy in provinces was removed, replaced by provincial autonomy.
• Provinces could manage their own affairs within set limits.
• Responsible governments were introduced, requiring governors to follow ministerial advice.
• This system started in 1937 but ended in 1939.
• Dyarchy was planned for the Centre, dividing subjects into reserved and transferred.
• This part of the Act was never implemented.
• Six provinces adopted bicameralism, creating upper and lower houses, but faced many restrictions.
• The Act promoted communal representation with separate electorates for various groups.
• It abolished the Council of India from the 1858 Act, giving the secretary of state advisors.
• Franchise was expanded, allowing about 10% of the population to vote.
• A Reserve Bank of India was established to manage currency and credit.
• It allowed for the creation of a Federal Public Service Commission.
• It also allowed for Provincial Public Service Commissions.
• Additionally, it established a Joint Public Service Commission for multiple provinces.

Indian Independence Act of 1947

On February 20, 1947, British Prime Minister Clement Atlee announced that British rule in India would end by June 30, 1948, transferring power to Indian leaders. This led to protests from the Muslim League, which called for the country’s partition. On June 3, 1947, the British clarified that any Constitution created by India’s Constituent Assembly, established in 1946, would not apply to regions that did not agree to it. On the same day, Lord Mountbatten, the Viceroy of India, introduced the partition plan, known as the Mountbatten Plan, which was accepted by both the Congress and the Muslim League. The Indian Independence Act was then enacted to implement the plan immediately.
• It marked the end of British control in India, establishing India as an independent nation on August 15, 1947.
• It led to the division of India, creating two separate countries, India and Pakistan, both free to leave the British Commonwealth.
• The role of viceroy was eliminated, and each country was to have a governor-general appointed by the British King based on the advice of the local cabinet.
• The Constituent Assemblies of both nations were given the authority to create their own constitutions and to cancel any British laws, including the Independence Act.
• Until new constitutions were created, the Assemblies could make laws for their territories, and no British law after August 15, 1947 would apply unless adopted by local legislation.
• The position of the secretary of state for India was removed.
• His duties were given to the secretary of state for Commonwealth Affairs.
• British control over Indian princely states ended on August 15, 1947.
• Indian princely states could choose to join India, Pakistan, or stay independent.
• The Government of India Act of 1935 continued to govern until new Constitutions were created.
• The Governor-General of India and provincial governors were named as the official heads of states.
• They were required to follow the advice of their council of ministers in all decisions.
• The title of Emperor of India was removed from the British king’s titles.
On the night of August 14-15, 1947, British rule ended, and India and Pakistan became independent. Lord Mountbatten was appointed the first governor-general of India, and Jawaharlal Nehru was sworn in as the first prime minister. The Constituent Assembly of India, established in 1946, became the Parliament of India.

Reference

Indian polity by lakshmikanth
https://www.clearias.com/historical-background-of-indian-constitution/

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