1. Constitutional Development

Evolution of Indian Constitution

Our present constitution The first constitution of India framed and given to ourselves by the people of India was adopted by the Constituent Assembly on 26 November 1949
It came into full operation with effects from 26 January 1950 the constitution as originally adopted had 20 two parts 395 articles and its schedules its present text is as amended from time to time
Although the systems of ancient India do have their reflection in the Constitution of India the direct sources of the constitution lie in the administrative and legislative developments of the British period
A concise and chronological description of the axe documents and events that culminated in the framing of the world’s largest written constitution Is given below

COMPANY RULE (1773-857)

Regulating act of 1773

This act was based on the report of a committee headed by the British Prime Minister Lord North
The governance of East India Company was put under the British parliamentary council
The Governor of Bengal was nominated as Governor General for all three presidencies of Calcutta Bombay and Madras. Warren Hastings was the first such Governor General (under this act)
A Supreme Court was established in Calcutta now Calcutta in 1770 4 sir Elijah Mfi who was the first Chief Justice. Other three judges were chambers Limenster and Hyde
Governor General was empowered to make rules regulation and ordinances with the consent of Supreme Court.

Pitts India act of 1784

It was enacted to improve upon the provisions of regulating act of 1773 to bring about better discipline in the company’s system of administration
A six member board of controllers was set up in which was headed by a minister of the British government. All political responsibilities were given to this board
Trade and commerce related issues were under the purview of the Court of directors of the company.
Provinces had to follow the instructions of the central government and the Governor General was empowered to dismiss the failing provincial government

Charter act of 1793

Mail provisions of the previous act were consolidated in this act
Provided for the payment of salaries of the members of the board of controllers from Indian revenues
Courts were given the power to interpret rules and regulations

Charter act of 1813

Trade monopoly of the East India Company came to an end
Powers of the three Council of Madras Bombay and Calcutta were enlarged, they were also subjected to a greater control of the British Parliament
Local autonomous bodies were empowered to levy taxes

Charter act of 1833

The Charter at 1833 which was enacted by the British Parliament provided for the establishment of a law commission for consolidation and codification of Indian laws
In 1835 Lord Macaulay was appointed as chairman of the First Law Commission
Sir James Stephen was appointed as a law member in place of Lord Macaulay
Slavery system in India was declared illegal through this charter act and was abolished in 1843
The Governor General and his counsel were given vast powers. this council could legislate for the whole of India subject to the approval of the board of controllers
The council got full powers regarding the revenue and a single budget for the country was prepared by the Governor General
The East India Company was reduced to an administrative and political entity and several lords and ministers were nominated as ex official members of the board of control
For the first time the Governor General’s government was known as the “Government of India” and his council was “Indian Council”

Charter act of 1853

This was the last Charter Acts and it made important changes in the systems of Indian legislation
This act followed a report of the then Governor General Dalhousie for improving the administration of the company
A separate governor for Bengal was to be appointed
Legislative and administrative functions of the council were separately identified
Recruitment of the company’s employee was to be done through competitive exams
British Parliament was empowered to put company governance of India to an end at any suitable time

CROWN RULE (1858-1947)

Government of India act 1858

British crown decided to assume sovereignty over India from the East India Company in an apparent consequence of the result of 1857, described as an armed support mutiny by the British historians and remembered as the First War of Independence by Indians
The first statute for the governance of India under the direct rule of the British government was government of India at 1858
Provided for an absolute imperial control over India without any popular participation in the administration of the country
The powers of the crown were to be exercised by the security of state for India assisted by a council of 15 members known as the Council of India
The country was divided into provinces heralded by a governor or a lieutenant governor aided by his executive council
Provincial govt had to function under superintendence, direction and control of the governor general in all matters
All the authority of the governance of India was Western India the Governor General-in-Council who was responsible to the secretary of state
Secretary of state was ultimately responsible to the British Parliament

Indian Councils Act 1861

This is an important landmark in the constitutional history of India. By this act the powers of the crown were to be exercised by the secretary of state for India (assisted by a council of 15 members known as Council of India).
Secretary of state who was responsible to the British Parliament governed India through the governor general assisted by a executive council
This act enabled the governor general to associate representatives of the British Indian people with the work of the legislation by nominating them to his expanded council
This act provides that the Governor General’s executive council should include certain additional non-official members also while transacting legislatice business as legislative council.
But this legislative council was neither representative nor deliberative in any sense
A decentralised legislative power that the Governor General’s council and invested it in the government of Bombay and Madras

Indian Councils act 1892

The non-official members of the Indian Legislature Council were to be nominated by the Bengal Chamber of Commerce and the provincial legislative councils
While the non-official members of the provincial councils were to be nominated by certain local bodies such as the universities, district board, municipalities and zamindars
The councils were to have the power of discussing the budget and addressing questions to the executive

Indian Councils Act 1909 (Morley-Minto Reforms)

Reforms recommended by the then Secretary of State for India (Lord Morley) and the Viceroy (Lord Minto) were implemented by the Indian Councils Act 1909
The maximum number of additional members of the Linden’s legislative council’s (Governor General’s council) was raised from 16 under the act of 1892 to 60 (excluding the executive counsellors)
It provided (for the first time) for the Association of Indians with the executive councils of Viceroy and Governors. Satyendra Prasad Sinha became the first Indian to join the viceroy’s executive council. He was appointed as the law member
Also provided for separate representation of the presidency corporations chambers of Commerce Universities Chamindars Sikh Indian Christians Anglo Indians and Europeans
The size of provincial legislative council were enlarged by the including elected non official members so that the official majority was gone
An element of election was also introduced in the Legislative Council at the centre but there the official majority was maintained
The Legislative Council were empowered to move resolutions on the budget and on any matter of Public Interest, except certain specified subject, such as the armed forces, foreign affairs, and the Indian states
It provided, for the first time, for separate representation of the Muslim community and thus act legalised communalism and Lord Minto came to be known as the father of communal electorate

Government of India Act 1915

This act was passed to consolidate the provisions of the proceeding government of India acts

Government of India Act 1919 (Montague-Chelmsford reforms)

The then Secretary of state for India Mr ES Montagu and the Governor General Chelmsford formulated process for the government of India act 1919
It created a new office for the High Commissioner of India in London and transferred to him some of the function hitherto performed by the secretary of state for India
It provided for the establishment of public service commission. Hence a central public Service Commission was set up in 1926 for recruiting civil servants
Responsible government in the provinces was to be introduced without impairing the responsibility of the governor (Through the governor general) for the administration of the province by resulting two device known as dyarchy or dual government
This act provided voting rights to the Indian women for the first time. David Lloyd George was the then prime minister of England
The subjects of the administration were to be divided into central and provincial
central subjects were those which were exclusively kept under the control of the central government
The provincial subjects were subdivided to transferred and reserved subjects
Transferred subjects were to be administered by the governor with the aid of the minister’s responsible to the Legislative Council in which the proportion of elected members were raised to 70%
The reserved subjects were to be administered by the governor and the executive council with a responsibility to the listing
The previous control over the provinces and administrative legislative and financial matters was relaxed.
Sources of revenue were divided into two categories so the provinces could run the administration with the revenue raised by the provinces themselves
The provincial budget was separated from the central budget
The provincial legislature was empowered to present its own budget and levy its own taxes relating to the provincial sources of revenue
The central race lecture retained power to resolute for the whole country on any subject
The control of governor general over provincial resolution was retained by providing that a provincial bill even though assented by the governor, would become law only when assented to also by the governor general
The governor was empowered to reserve the bill for the consideration of the governor general if it was related to some specified matters
The Governor General continued to remain responsible only to the British Parliament through the secretary of state for India
The Indian legislature was made more representative and for the first time bicameral
Lionel Curtis was a British official and author. His ideas concerning dyarchy were important in the development of Government of India Act 1919 and his writing influenced the evolution of the Commonwealth of Nations
The upper house was named the Council of state. This was composed of 60 members of whom 34 were elected
The lower house was named the Legislative Assembly. This was composed of about 144 members of whom 104 were elected
The electorates were arranged on a communal and sectional basis developing the Morley-Minto device further
The Governor General’s overriding powers in respect of Central Legislation were retained as follows:
1. His prior sanction was required to introduce bills relating to certain matters;
2. Power to veto or reserve for consideration of the crown any bill passed by the Indian legislature;
3. Converse power of certifying bill or any grant refused by the legislature;
4. He could make ordinances, in case of emergency

Simon Commission

This commission headed by Sir John Simons was constituted in 1927 to inquire into the working of Act of 1919
It placed his report in 1930
The report was examined by the British Parliament and the government of India bill was drafted accordingly

Government of India act 1935

It was a lengthy and detailed document having 321 sections and 10 schedules
The Act of 1935 prescribed a federation taking the provinces and renew states as units
It was optional for the Indian states to join the Federation and since they never joined the federation never came into being
Act separated Myanmar/Burma from India and the two new provinces of Odisha and Sindh were created
The Act divided legislative powers between the centre and the provinces
The Executive Authority of a province was also exercised by a governor on behalf of the crown and not as a subordinate of the Governor General
The governor was required to act with the advice of ministers responsible to the legislature
In certain matter the governor was required to act ‘in his discretion’ without ministerial advice and under the control and directions of the governor general and through him of the secretary of state
The Executive Authority of the centre was vested in Governor General(on behalf of the crown)
Counsellors or the Council of Ministers responsible to legislature was not appointed although such provision existed in the act of 1935
The Central Legislature was bicameral consisting of the Federal Assembly and the Council of state
In six provinces the Legislature was bicameral comprising a legislative assembly and legislative council. in other provinces the Legislature was unicameral
Apart from the Governor General’s power of vetoes by the central literature was also subject to the veto by the crown
The Governor General could prevent discussion in the legislature and suspend the proceedings on any bill if he was satisfied that it would affect the discharge of his special responsibilities
Governor general had independent powers of legislative, concurrently with those of legislature
On some subjects novel or amendment could be introduced in the legislature without the governor general’s prior sanction
A threefold division in the act of 1935:
- There was a federal list over which the federal literature had exclusive powers of legislation
- There was a provincial list of matters over which the provincial legislature had exclusive jurisdiction
- There was a concurrent list also over which both the predator and provincial legislature had competence
Governor General was empowered to authorise either the federal or the provincial literature to enact law with respect to any matter which is not enumerated in the above lists
Dominion status, which was promised by the Simon Commission in 1929 was not conferred by the government of India act 1935

Cripp’s Mission

In March 1942,Sir Stafford Cripps, A member of the British Cabinet came with a draft declaration On the proposals of the British government
These proposals were to be adopted at the end of the Second World War provided the Congress and the Muslim league could accept them
According to the proposals:
- Constitution of India was to be claimed by an elected constituent assembly by the Indian people
- The Constitution should give India dominian status
- There should be one Indian union comprising of all provinces and states
- Any province or state not accepting the constitution would be free to retain its constitutional position at that time and with such non-aceding provinces the British government could enter into separate constitutional arrangement

Cabinet Mission Plan

In March 1946 Lord Attlee sent a cabinet mission to India consisting of three cabinet ministers named Lord Lawrence, Sir Cripps and Mr Alexander
The object of the machine was to help India achieve its independence as early as possible and to set up a constituent assembly
The Cabinet Mission rejected the claim for its separate constituent assembly and a separate state for the Muslims
According to the Cabinet mission plan there was to be a union of India comprising of both British India and the states and having jurisdiction over the subjects of Foreign Affairs Defence and communication. All residuary powers were to be vested in the provinces and the states
The Union was to have an executive and legislature consisting of the representatives of the provinces and the States
Any decision involving a major communal issue in the legislature was to require the majority support of the representatives for each of the two community present and voting as well as majority of all members present and voting
The provinces could form groups with executives and legislatures, and each group could be competent to determine the provincial subjects

Mountbatten Plan

The plan for the transfer of power to the Indians and the partition of the country was laid down in Mountbatten plan
It was given a formal shape by the statement made by the British government on 3rd June 1947

Indian Independence Act 1947

In pursuance of this act the government of India acts 1935 was amended by the adaptation orders both in India and Pakistan for setting up an interim costume assembly to draw up the future constitution of the countries

Interim government(2nd September 1946)

S.no.	Members	Portfolios
1.	Jawaharlal Nehru	Vice president of the council, External Affairs and Commonwealth relations
2.	Sardar Vallabhbhai Patel	Home, information and broadcasting
3.	Dr Rajendra Prasad	Food and agriculture
4.	Dr John Mathai	Industry and supplies
5.