Historical Background of the Constitution

Historical Background of the Constitution

By – Dr. Vipan Goyal

WHAT is a constitution?

• ‘Constitution’ is a compact document that comprises a number of articles about the state, specifying how the state is to be constituted and what norms it should follow.

• It is the Fundamental law of the land

• Constitution gives us the framework of polity, the so-called ‘Trinity’ of our state- LEGISLATURE, EXECUTIVE and JUDICIARY.

• Constitution provides the norms that govern the relationship within

the trinity.

• Determines the relationship between the state and the citizenship

Introduction

Company Rule (1773-1858)

1. Regulating Act – 1773

2. Pitts India Act – 1784

3. Charter Act of 1793




Crown Rule (1858-1947)

1. The Government of India Act –

1858

2. Indian Councils Act – 1861



5. Government of India Act – 1919

6. Government of India Act – 1935

Constitutional Development in India

Significance:

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

• The political and administrative functions of the company were recognized for the first time.

• It laid the foundation for central administration in India.

The Company Rule

1. Regulating Act of 1773

Features: • Governor of Bengal was designated as the Governor General of Bengal

(Fort William) • Governors of Bombay and Madras became subordinate to the Governor

General • Executive Council of 4 members was formed to assist Governor General • Supreme Court established – Lord Impey was the first chief justice • Officers were prohibited from private trade or accepting bribe

Facts: • First Governor General – Warren Hastings • Supreme Court had one chief justice and three judges • The court heard cases with the help of Jury of British subjects • The Court of Directors (24) had to submit report on its Revenue - civil and

military

Features:

• Demarcated the political and commercial functions of the company

• Commercial affairs to be managed by the court of directors

• Political affairs to be managed by a newly formed Board of Control

• Board of Control can supervise the operations of the government and revenue

• Executive council’s members were decreased from 4 to 3

Significance:

• For the fist time, company’s territory in India was called as British possessions in India

• British government got complete control over company’s affairs and its administration

3. Pitts India Act - 1784

Features:

• Company’s privileges extended to 20 years

• Power to override Governor General will be extended to all future Governor Generals and Governors

• All the members salary was to be paid from Indian Revenue. (practiced up to 1919)

• Permission for East India Company to ship opium from India to China

• Country privileges given to the officials of East India Company to trade outside India


Features:

• Monopoly ended except for tea trade and trade with China

• Allotted one lakh annually for education and improvement of

literature and Science etc.

• Christian missionaries allowed to preach in India


Significance:

• Came in the wake of Industrial revolution and liberal principles in

England

• The Act created for the first time, a government of India having

authority over the State territorial area possessed by the British


Features:

• Governor General of Bengal was designated as Governor General of India

• Bombay and Madras prescriptions lost their legislation powers

• Governor General got complete control over civil and military affairs

• A law member was added as the fourth member to the Governor General’s Council

• Law commission was constituted in 1834

• Laws made from these acts were named as Acts (previously called regulations)

• East India Company had to end its monopoly over commercial activities. (became an administrative body mainly*)

Facts:

• First Governor General of India: William Bentick

• T.B. Macaulay became the first law member, also the first law commission’s chairman.

• This act tried but failed to introduce open competition for civil services.

Features:

• A separate governor was appointed for Bengal

• Extended the company’s rule to possess Indian territories. (no specific tenure)

• For the first time separated the legislature and executive functions of Governor General’s Council

• Open competition was introduced to recruit for civil services

• Macaulay Committee was introduced to recruit for Civil Services.


• Number of Court of Directors were reduced from 24 to 18

• Legislation became a separate entity

• Central legislative Council was formed comprising of –

– Six legislative members

– 4 members from local provincial governments

– 2 members appointed by the British

– 1 chief Justice of Calcutta + 1 judge of Calcutta

This came into being after the Sepoy Mutiny of 1857

Features:

• Abolished the East India Company.

• The British crown assumed sovereignty over India from the East India Company.

• The designation of Governor-General of India was changed to the Viceroy of India.

• The last Governor-General of India was Lord Canning.

• The first Viceroy of India was Lord Canning.

The Crown Rule

The Government of India Act 1858

• A new position called Secretary of State for India was created and the powers of the crown were exercised by the Secretary of State for India.

• The Secretary of state for India is a member of Cabinet and is responsible to the British Parliament.

• The Secretary of state for India was assisted by a council called ‘Council of India’ that contained 15 members.

• The Council of India was composed exclusively of people from England.

• The secretary of state of India who was responsible to the British Parliament governed India through the Governor-General, assisted by an executive council which consisted of higher officials of the government.

Features:

• Executive council strength – 3 to 4

• The Viceroy was empowered to appoint an additional 6 to 12 members to his

council .

(changed to 10 to 16 in 1892, and to 60 in 1909).

• The Viceroy of India would nominate 3 Indians to the legislative council (out

of 12).

• In the year 1862 Lord Canning nominated Raja of Benaras, the Maharaja of

Patiala and Sir Dinakar Rao to the legislative council.

Indian Councils Act of 1861

• Portfolio system approved

• Lord canning introduced Portfolio system in the year 1859.

• This act also empowered the Viceroy to issue ordinances.

• Legislative powers to Madras and Bombay presidencies

• Functions of these Indian members were strictly limited to making legislation (subjected to viceroys approval)

• They were forbidden from interfering in the matters of the Executive Council.

• They did not possess powers of administration and finance.

• By means of this act people of India came to be involved in the law making process of British rule for the first time

• Functions of these Indian members were strictly limited to making legislation (subjected to viceroys approval)

• They were forbidden from interfering in the matters of the Executive Council.

• They did not possess powers of administration and finance.

• By means of this act people of India came to be involved in the law making process of British rule for the first time

Features: • Representation by way of indirect election was accepted with some

limitation to the provincial councils.

• Zamindars, municipalities, universities, chamber of commerce could recommend members.

• Central legislative council expanded from 12 to 16

Indian Councils Act of 1892

3 types of members in the CLC:

1. Official members

2. Non official members (nominated)

3. Non official members -

nominated/elected * on the recommendation of non official members of

4 provincial legislatures of Madras, Bombay , Bengal and North Western province

+

1 by Calcutta Chamber of Commerce

• The members of CLC could ask Questions to the ‘executive’ members(cabinet) on public interest after giving 6 days notice .

• No discussion on answer given by executive.

• The speaker could reject the demand for asking question

• In the provinces also the number of additional members was increased with additional powers.

*This act was a big achievement of INC

• 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

Features:

• Minto - Viceroy.

• Morley - Secretary of State.

• Indians in Viceroy’s executive council for first time.

• The first Indian to join the Viceroys Executive council was Satyendra Prasad Sinha.

Indian Councils Act of 1909 (Morley – Minto Reforms)

• Central and provincial legislative councils expanded. Central - from 16 to 60 members

• Allowed Indians ‘discussion’ on economic matters and some voting rights in the councils.

A system of communal representation for Muslims by accepting the concept of ‘Separate Electorate’.

• Under the ‘Separate Electorate’ the Muslim members were to be elected only by Muslim voters.

• For the 1st time the seeds of separatism were sown.

• The 1909 act legalized communalism.

• Minto was regarded as the “Father of Communal Electorate”.

Features:

• Chelmsford - Viceroy.

• Montague - Secretary of state.

– ‘Responsible government’

• Bicameralism introduced at the centre.

Upper House - Council of states – 60

Lower House - Central Legislative Assembly – 145

Diarchy or dual government.

• Diarchy was introduced at the provinces

Some departments were given to Indians, some were kept with the governor.

The Government of India Act 1919 Montague – Chelmsford reforms

• The concept of elections was introduced.

• Limited Franchise introduced .

• Only landholders, tax payers, officers, title holders allowed voting rights.

This act provided for the establishment of Public Service Commission for recruiting Civil Servants

• Communal representation for Sikhs, Indian Christians, Europeans and Anglo-Indians.(Apart from Muslims).

• The 1919 reforms failed to fulfill the aspirations of the people in India and this led to “Swaraj” or “Self-government” agitation under the leadership of Mahatma Gandhi.

Features:

• Abolition of provincial diarchy and introduction of diarchy at center.

• Provision for an All India Federation with British India territories and princely

states.

• Increase in size of legislatures, extension of franchise, division of subjects into

three lists and retention of communal electorate.

• Provincial autonomy increased.

• Direct elections for first time (in 1937)

• Communal electorates retained.

• Separation of Burma from India

Government of India Act of 1935:

• The GOI act 1935 divided the powers into

– Federal List (59)

– Provincial List (54)

– Concurrent List (36)

• Bicameralism in 6 out of 11 provinces.

– Legislative Assembly+ Legislative Council.

• Establishment of Reserve Bank of India (RBI) in the year 1935.

• Recommended by Hilton-Young Commission.

THANK YOU

Documents

Historical Background of the Constitution