Constitution of INDIA

 

Constitution of INDIA

Constitution is  a set of principles by which a state is governed. The constitution of  a country is always built on the foundation of its past. To understand any constitution it is essential to kknow its back ground Histtory. A brief review of the various Acts is given here, from the point of view of India’s constitutional History.

THE COMPANY RULE (1773-1858) REGULATING ACT 1773

The 1773 Act is particularly important in Indian’s constitutional History because it was the beginning of the efforts by the British Parliamentary control over the company administration in India.

It was designated the Government of Bengal as a Governor. 

General of British Territories of India who has the authority over the presidencies of Madras, Bombay and Calcutta. The first such Governor-General was Lord Warren Hastings.

A Supreme court was formed in Calcutta (1774). It prohibited the servants of the company to engage in any private trade of accepting bride.

 

PITT’S INDIA ACT OF 1784

The Pitt’s India Act, 1784 also called the East India Company Act, 1784 was passed by the British Parliament to correct the defects of the Regulating Act of 1773.

This Act resulted in dual control of British possessions in India by the British government and the company with the final authority resting with the government.

The Act is named after William Pitt the younger, Britain’s prime minister when the act was passed.

Features of the Act:

·         This act made a distimction between the commercial and political activities of the East India company.

·         For the first time, the term British possessions in India was used.

·         This Act gave the British government direct control over India administration.

·         The company became subordinate to the British government unlike as in the previous regulating Act of the company .

CHARTER ACTS OF 1793-1813

·         The charater acts of 1793 and 1813  renewed the Company’s Character each time for a future period of 20 years. The 1813 act however, deprived the company of the monopoly of trade in India.

·         While the powers of the three Counsils of Madras, Bombay And Calcutta were enlarged, they were also subjected to greater control of the British parliament.

·         All regulations made by the three Counsils wee there after required to be laid before parliament.

 

CHARTER ACT, 1833

It made the Governor-General of Bengal as the “Governor-General of India” First Governor General of India was “Lord William Bentick”

It introduced a system of open completion as the basis for the ‘recruitment of Civil Servants’ of the company.

        The Governor General in Council was now  vested, subject to certain restrictions, with the exclusive power of legislation for the whole of the British territories in India.

CHARTER ACT, 1853

The last of the charter acts, the charter Act of 1853 made important changes in the machinery for Indian legislation. Though the Governor-General’s Counsil was continued as the one legislative authority competent to enact laws for the whole of British India, so many alterations were made in its character and composition that “the system was entirely changed”.

Recruitmet to Civil Services was based on open annual competition examination.

The numbers of members of the Court of Directors were reduced form 24 to 8 if which 6 were to be nominated by the crown.

COMPANY TO THE CROWN RULE (1885-1918)

GOVERNMENT OF INDIA ACT OF 1858

The Revolt of 1857 described as the Indian mutiny by the British Historians and as the First War if Independence by the Indians was the first organized attempt to overthrow the British rule in India after it was firmly established.

The power was transferred from the company to the British Crown. Court of Directors and Board of control was abolished.

The post of secretary of state was established. A 15 member counsil was established to assist him. The Governor General was made the viceroy of India. Ended dual system of government. Lord Canning was the first viceroy of India

INDIAN COUNCILS ACT OF 1861

The Act extended the powers of the Viceroy and Governors of provinces.

The Governor General was empowered to seek the cooperation of Indians, while performing legislative functions. The council of Governor General of India Performed dual fuctions of executive and legislature.

The portfolio system was started i.e. each member at council of Governor General was allocated portfolio of a particular department. The viceroy of India was empowered to issue ordinances in emergencies.

THE INDIAN COUNCIL ACT, 1892

This Act was the modified version of the act of 1861, which interialia provided for the following:

The provision of including indirectly elected members to the legislative counsil in a restricted and limited manner.

The memvers if the Legislative Council were authorized to ask questions with respect to discussion on budget. But they were not given the right to ask supplementary questions. This may be termed as the beginning of Parliamentary system.

GOVERNMENT OF INDIA ACT OF 1909 MINTO MORLEY REFORMS

This is also known as “Morly-Minto reforms” as ut came in to being due to the efforts of Secretary of India,  Morley and the Governor General of India General Minto. Its main features are

·         The membership0 of the central and the state legislature was extended.

·         For the first time, the seates in the legislative bodies were reserved on the basis of religion for Muslims. Under this newly introduced system of communal Representation, Separated constituencies were car marked for the muslims, where members of only Muslime community were given the right to elect their representatives.

·         The members of the legislative council could ask supplementary questions, discuss bills, more resolutions on financial statements and so on.

THE MONT FORD REPORT 1918

 The report on Indian Constitutional Reforms known as the Montague-Chelms-ford or Montford report prepared jointly by Mr, Montague, Secretary of state for India, and Lord Chems ford, the viceroy of India, was published in July 1918.

Without paying any need to the demand for the status of self governing dominions, the report had most mischievously made the concessions conceded by the Congress to the League on separate communal electorate’s under the Lucknow pact of 1916 between the Congress and the League as the basis for Montaguechemsford Reforms.

GOVRNMENT OF INDIA ACT., 1919

The government of India Act, 1919 based on the Montague Chemsford Report, sought to make it abundantly clear that the British were prepared to concede only “the gradual development of self governing institution, with a view to progressive realization of responsible Government. “

The time, manner and pace of each advance of constitutional progress was to be determined only by the British parliament and not based on any self determination by the people of India.

As supplemented by rules made under it, the 1919 Act introduced many important changes in the Indian Constitutional system as it was established under the Act of 1909. In the case of the4 legislature at the center, the erstwhile Indian Legislative Council was replaced by a bicameral legislature consisting of a Council of state (upper House) and a Legislative assembly (Lower House). Even though some power of nominating members was retained, each house was to have an elected majority.

Members were to be elected directly by constituencies delimited by the Rules framed   under the Act. The franchise was considerably enlarged. The electoral qualifications prescribed varied widely and were based on communal affiliation and residence and property credentials.

DYARCHY

The novel system of diarchy was introduced by the 1919 Act in eight major provinces which were known as “Governor’s provinces” As a hpreliminary to the introduction of partially responsible government in the provinces, it was necessary to demarcate the spjere of work of the provincial governments.

The Act, accordingly provided for rules being made for classification of subjects of administrations as Central and provincial for the devolution of authority in respect of provincial subjects to local governments and for the allocation of revenues and other moneys to those government. The detailed classification of subjects into central and provincial was carried out by what were known as the Devolution Rules.

THE SIMON COMMISION

Under the 1919 Act, a commission was scheduled to be appointed in 1929 to inquire into and report on the working of the Act and make further recommendations for reforms. In view of the discountent, the Indian Staturtory Commission the Simon Commission was appointed in 1927 i.e two years befor schedule.

However, its all-white composition hurt Indian sentiments further. The commission submitted its report 1930 and recommended the abolition of diarchy, extension of responsible government in the provinces, and establishment of a federation of British India.

 

 

RESOLUTION ON PURNA SWARAJ

The congress was gradually veering round accepting complete independence as its goal. At the Calcutta session, however, it was decided to give one last opportunity to the British to concede Dominion Status with in a year.

Atter the rejection of the demand for a Dominion status, the 1929 Lahore Session of the Congress adopted a resolution on Poorna Swaraj or complete independence. A Civil Disobedience Movement  began with a call to break the salt Tax law and Gandhiji Dandy March to reach the sea.

ROUND TABLE CONFERENCES (1930-1932) AND THE WHITE PAPER

The three round table conferences of 1930-32 were a series of peace conferences organized by the British Government and Indian national Congress was participant to discuss constitutional reforms in India.

They were conducted as per the recommendation of Jinnah to Viceroy Lord Irwin and Prime Minister Ramsay MacDonald, and by report submitted by the Simon Commission in May 1930

First Round Table Conference-

November 1930-January 1931

The Round Table Conference officially inaugurated by his majesty George V on November 12, 1930 in Royal Gallery House of Lords at London.

In total 74 delegates from India attended the conference.

Second Round Table Conference

September 19361- December 1931

The congress, which had killed and boycotted the first conference, was requested to come to a settlement by Sarum M.R. Jaykar and V.S. Srinivasa Sastri. A settlement between Mahatma Gandhi and Viceroy Lord Irwin not true the congress to the second session of round table conference, which opened on 7 September.

Mahatma Gandhi was invited from India, and attended as the sole official congress representative accompanied by Sarojini Naidu.

At the end of the conference Ramsay Mac Conald undertook to produce a communal Award for Minority representation.

Third Round table Conference-

November –December 1932

The third and last session assembled on November 17, 1932.

Only 46 delegates attended since most of the main political figures of India were not present.

(Note: Dr.B.R Ambedker and Mohammed Alijnnnah were attended to all three Round Table Conferences.

After three Round Table Conferences, the British Government published a white paper in March 1993 containing an outline of a new constitution. The scheme contained provisions for a federal set-up and provincial autonomy. It proposed diarchy at the Center and responsible government in the provinces.

The British Parliament constituted a joint Committee of the two House to future consider the government’s scheme formulated in the White paper. The Joint committee with Lord Linglithgo as it s Chairman had conservative members in majority.

Representativdes of British Insdia and of the Prince States were invited to give evidence befpre the Committee as witness. The Joint Committee submitted its report in November 1934 which reiterated that federation would be established only when at least 50 percent of the princely states were prepared to join it.

On the basis of the Report a bill was prepared and was introduced in the British Parliament on December 19, 1934. After its having been given to it on August 4, 1935, it became the Government of India Act 1935.

GOVERNMENT OF INDIA ACT, 1935

The act provided for the establishment of an All-India Federation consisting of provinces and princely states as unit but the federation did not come into effect because the Indian princely states had not joined the federation.

The act introduced “bicameralism” in 6 out of 11 provinces.

The act divided powers between the center and the units in term of three lists, namely the federal lists, the provincial list and the concurrent list.

The federal list for the centre consisted of 59 items, the provincial list for the provincial list for the provinces consisted of 54 items and the concurrent list for both consisted of 36 items.

Dyarchy was abolished in the provinces, but it was introduced at the federal level.

The act provided for the establishment of a “Reserve Bank Of India” to control the currency and credit of the country.

This act contains 321 Articles, 10 Schedules and 14 parts.

 

INTERIM GOVERNMENT (1946)

INTERM GOVERNMENT (1946)
Name of Members	Portfolios held
Jawaharlal Nehru	Extranal Affairs and common wealth Relations.
Sardar Vallabbhai Patel	Home, Information and Broadcasting.
Dr. Rajendra Prasad	Food & Agriculture
Dr. Jhon Mathai	Industries and Supplies
Jagjivan Ram	Labour
Sardar Baldev Singh	`Defence
Ch Bhabha	Works, Mines and Power
Liaquat Ali Khan	Finance
Abdur Rab Nishtar	Posts and Air
Asaf Ali	Railways and Transport
C Rajagopalachari	Education and Arts
I I Chundrigar	Commerce
Ghaznafar Ali Khan	Health
Joginder Nath Mandal	Law

 

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THE CRIPPS MISSION (1942)          

·         While the second World war was passing through a crucial stage, it was felt that willing cooperation of the Indian public opinion n would be an asset. Cabinet Minister Sir Stafford Cripps was accordingly sent in March 1942. The Cripps Mission, however, was a failure. Its proposals were turned down by all the political parties’ even though on different grounds. His proposals had conceded Dominion Status and the right of Indians to frame a Constitution in their Constituent Assembly, after the War. However, provinces were to have an option o accept or walk out of the new Constitution.

·         The Muslim League rejected these proposals because its demand for partition of the country on communal grounds was not conceded, while the Congress found them un acceptable because the opened up possibilities of dividing India into many small bits and did not seek to transfer any really effective power to representative Indian hands during the War. Gandhiji condemned the proposals as a “Post-dated cheque”

 

 

LORD ATLEE’S ANNOUNCEMENT

The British Labor party assumed power under cleent Atlee in 19454 and took keen interest in Indian affairs. In the basis of the firs-hand report of the all party parliamentary delegation he sent to India, Lord Atlee made a historic announcement in the House of Commons on March 15,1946 on the future of India. He declared that as the tide of nationalism was surging ahead in India, it was in British interest to take positive action

He further said thaqt the Cabinet Mission was to visit India with the intention of helping it attain independence as speedily as possible and that the Indian themselves were to decide what form of government would suit them. He rejected the veto power demanded by the Muslim league.

 

CABINET MISSION PLAN IN MARCH 1946

Lord Atlee sent a Cabinet Mission to India consisting of three Cabinet Ministers, namely Lord Pethick Lawrence, sir Stafford Cripps and Mr A.V.ALEXANDER. The object of the mission was to help India achieve its independence as early as possible, and to set up a Constituent Assembly.

The main Recomentations of the mission were:

                 i.            There should be a Union of India, embracing both British India and the States which should deal with foreign aggairs defense and communication with finances of its own:

               ii.            Below the union Government there should be three group government, each consisting of some provinces.

             iii.            A constituent Assembly should be set up to draw up the future constitution of the country .

              iv.            Till the constitution was ready a provincial Government consisting of representatives of the main political parties be set up at the Center.

 

THE INDIAN INDEPENDENCE ACT 1947

It was based on the famous Mount Batten plan 3^rd June 1947 and was passed by the British Parliament on July 5, 1947. The Act received the assent of the crown on July 18, 1947. And became effective on August 15, 1947.

Two British Government shall appoint separate Governors General for both states or a common Governor General if agreed by the two Dominions.  

The central legislature of India comprised of the legislative Assembly and the council of states, ceased to exist on august 14, 1947 and the constituent assembly was to function also as the central legislature with complete sovereignty.

The Indian constitution was drafted by a constituent assembly while explaining the meaning of “Swaraj” Gandhi indicated in 1922 that the constitution of India would be drafted by Indians.

The congress adopted the goal of complete Independence (poorna swarajya) at the Lahore session, 1929.

The British government accepted in principle, the demand in August offer 1940. The criipps proposals assured the constituent Assembly for India to be constituted after the end of the war finally, under the cabinet mission plan 1946. The elections for the constituent Assembly were held in July 1946.

The Constituent Assembly was formed in 1946 under the scheme the scheme formulated by cabinet mission plane the constituent assembly held its first meeting on December 9, 1946.

Dr. Rajendra Prasad was elected as the permanent president on  Dec 11, 1946. Before Rajendra Prasad Sachidananda sinha was appointed as protem president of the assembly.

B.N Rao was appointed as the constitutional advisor of the assembly.

On 26^th November 1949. The constitution was declared as passed. The provisions relating to citizenship, elections and Provisional Parliament etc were implemented with immediate effect, that is form the 26^th November 1949. The rest of the provisions came into force on January 26^th 1950.