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Prelims Sampoorna 2024 UPSC CSE Current Affairs
CONSTITUTIONAL
DEVELOPMENT OF INDIA
India is a Federal Union comprising 28 states and 8 union territories, with a total of 36 entities. Its system of government
is parliamentary and based on the Westminster model. India first came into contact with the west in the early 18th
century when it was annexed by the British East India Company. In the mid-19th century, it fell under British colonial
rule. The colonial administration in British India or British Raj – as it was also called - was headed by a Viceroy who
also cumulated the title of Governor General until 1947 when a struggle for independence, marked by a widespread
non-violent resistance movement resulted in independence from the British Colonial Empire.
ÁÁ DUAL SYSTEM OF GOVERNMENT
The first intervention in Indian affairs by the British government came in 1767. It demanded 10 percent share
in the plunder amounting to 4 million pounds annually.
1765-72: The dual system of government where the Company had the authority but no responsibility and its
Indian representatives had all the responsibility but no authority continued for seven years.
ÁÁ THE COMPANY RULE (1773-1858)
The Regulating Act of 1773
The Act recognised that the Company’s role in India extended beyond mere trade to administrative and
political fields, and introduced the element of centralised administration.
For the first time, the British cabinet was given the right to exercise control over Indian affairs.
In Bengal, the administration was to be carried out by governor-general and a council consisting of 4 members,
representing civil and military government. They were required to function according to the majority rule.
A Supreme Court of judicature was to be established in Bengal with original and appellate jurisdictions.
The governor-general could exercise some powers over Bombay and Madras.
Amendments (1781)
The jurisdiction of the Supreme Court was defined—within Calcutta.
The servants of the government were immune if they did anything while discharging their duties.
Pitt’s India Act of 1784
The Company became a subordinate department of the State. The Company’s territories in India were termed
‘British possessions’.
A Board of Control consisting of the chancellor of exchequer, a secretary of state and four members of the Privy
Council (to be appointed by the Crown) were to exercise control over the Company’s civil, military and revenue
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In India, the governor-general was to have a council of three (including the commander-in-chief), and the
presidencies of Bombay and Madras were made subordinate to the governor-general.
The Act of 1786
Cornwallis wanted to have the powers of both the governor-general and the commander-in-chief. The
new Act conceded this demand and also gave him the power.
Cornwallis was allowed to override the council’s decision if he owned the responsibility for the decision.
The Charter Act of 1793
The royal approval was mandated for the appointment of the governor-general, the governors, and the
commander-in-chief.
Senior officials of the Company were debarred from leaving India without permission—doing so was
treated as resignation.
The Company was empowered to give licences to individuals as well as the Company’s employees to trade
in India. This paved the way for shipments of opium to China.
The revenue administration was separated from the judiciary functions (led to disappearing of the Maal
Adalats).
The Home Government members were to be paid out of Indian revenues (continued up to 1919).
The Charter Act of 1813
The Company’s monopoly over trade in India ended except the trade with China and the trade in tea.
The constitutional position of the British territories in India was defined explicitly for the first time.
Powers of the Board of Control were further enlarged.
A sum of one lakh rupees was to be set aside for the revival, promotion and encouragement of literature,
learning and science among the natives of India, every year.
The regulations made by the Councils of Madras, Bombay and Calcutta were now required to be laid
before the British Parliament.
Christian missionaries were also permitted to come to India and preach their religion.
The Charter Act of 1833
The Company’s monopoly over trade with China and in tea also ended.
All restrictions on European immigration and the acquisition of property in India were lifted.
The way was paved for the wholesale European colonisation of India.
The governor-general was given the power to superintend, control and directs all civil and military
affairs of the Company.
Bengal, Madras, Bombay and all other territories were placed under complete control of the governor-
general.
All revenues were to be raised under the authority of the governor-general who would have complete
control over the expenditure.
The Governments of Madras and Bombay were drastically deprived of their legislative powers.
A law member was added to the governor-general’s council. Indian laws were to be codified and
consolidated.
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No Indian citizen was to be denied employment under the Company on the basis of religion, colour,
birth, descent, etc.
The administration was urged to take steps to ameliorate the conditions of slaves and to ultimately
abolish slavery.
The Charter Act of 1853
The Company was to continue possession of territories unless the Parliament provided otherwise.
The strength of the Court of Directors was reduced to 18.
The Company’s patronage over the services was dissolved—the services were now thrown open to a
competitive examination.
The separation of the executive and legislative functions of the Government of British India progressed with
the inclusion of six additional members for legislative Purposes.
Local representation was introduced in the Indian legislature.
The legislative wing came to be known as the Indian Legislative Council.
ÁÁ THE CROWN RULE (1858-1947)
The Act for Better Government of India, 1858
India was to be governed by and in the name of the Crown through a secretary of state and a council
of 15-members. The council was an advisory body. The secretary of state was made the chairman of the
council.
The dual system introduced by the Pitt’s India Act came to an end. ® Governor-General became the
viceroy.
Indian Councils Act, 1861
The principle of representatives of non-officials in legislative bodies became accepted; laws were to be
made after due deliberation, and they could be changed only by the same deliberative process.
The portfolio system introduced by Lord Canning laid the foundations of cabinet Government in India.
The Act by vesting legislative powers in the Governments of Bombay and Madras and by making
provision for the institution of similar legislative councils in other provinces laid the foundations of
legislative devolution.
Weaknesses of Indian Councils Act, 1861
The councils could not discuss important matters and no financial matters at all without previous
approval of government.
They had no control over budget. They could not discuss executive action.
Final passing of the bill needed viceroy’s approval. Even if approved by the viceroy, the secretary of state
could disallow legislation.
Indians associated as non-officials were members of elite sections only.
Indian Councils Act, 1892
The Legislative Council of the Governor-General (or the Indian Legislative Council, as it came to be
known) was enlarged.
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The universities, district boards, municipalities, zamindars, trade bodies and chambers of commerce were
empowered to recommend members to the provincial councils.
An element of indirect election was accepted in the selection of some of the non-official members.
The members of the legislatures were now entitled to express their views upon financial statements
which were henceforth to be made on the floor of the legislatures.
They could also put questions within certain limits to the executive on matters of public interest after
giving six days’ notice.
Indian Councils Act, 1909 (Morley-Minto Reforms)
The Act made the first attempt to bring in a representative and popular element in the governance of
the country.
The strength of the Imperial Legislative Council was increased.
An Indian member was taken for the first time in the Executive Council of the Governor-General
(Satyendra Prasad Sinha was the first Indian to join the Governor-General’s—or Viceroy’s— Executive
Council, as law member.)
The members of the Provincial Executive Council were increased.
The powers of the legislative councils, both central and provincial, were increased.
Problems with Morley-Minto Reforms
The real power remained with the government. Separate electorates for Muslims were introduced.
Representation in excess of their population strength was accorded to the Muslims.
Also, the income qualification for Muslim voters was kept lower than that for Hindus. The system of
election was very indirect. Thus, the representation of the people at large remained remote and unreal.
Government of India Act, 1919 (Montague-Chelmsford Reforms)
The Indian Legislative Council at the Centre was replaced by a bicameral system consisting of a Council of
State (Upper House) and a Legislative Assembly (Lower House).
Each house was to have a majority of members who were directly elected. So, direct election was
introduced, though the franchise was much restricted.
The principle of communal representation was extended with separate electorates for Sikhs, Christians
and Anglo-Indians, besides Muslims.
The Act introduced dyarchy in the provinces. The provincial legislature was to consist of one house only
(legislative council).
The Act separated for the first time the provincial and central budgets, with provincial legislatures being
authorised to make their budgets.
A High Commissioner for India was appointed, who was to hold his office in London for six years and
whose duty was to look after Indian trade in Europe. Some of the functions hitherto performed by the
Secretary of State for India were transferred to the high commissioner.
The Secretary of State for India who used to get his pay from the Indian revenue was now to be paid by
the British Exchequer.
Issues with Montague-Chelmsford Reforms
There was no fulfilment of the demand for responsible government.
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Though a measure of power devolved on the provinces with demarcation of subjects between centre and
provinces, the structure continued to be unitary and centralised.
Dyarchy in the provincial sector failed.
The governor-general was given the power to secure the enactment of laws which he considered
essential for the safety, tranquility or interests of British India, or any part of British India.
The Indian legislature under the Act of 1919 was only a non-sovereign law-making body and was
powerless before the executive in all spheres of governmental activity.
Government of India Act, 1935
It abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in its place. The provinces were
allowed to act as autonomous units of administration in their defined spheres
The Federal Legislature was to have two chambers (bicameral)—the Council of States and the Federal
Legislative Assembly. The Council of States (the Upper House) was to be a permanent body.
There were to be three subject lists—the Federal Legislative List, the Provincial Legislative List and the
Concurrent Legislative List. Residuary legislative powers were subject to the discretion of the governor-
general
There was a provision for joint sitting in cases of deadlock between the houses. Residuary legislative
powers were subject to the discretion of the governor-general.
Even if a bill was passed by the federal legislature, the governor-general could veto it, while even Acts
assented to by the governor-general could be disallowed by the King-in-Council.
Dyarchy in the provinces was abolished and provinces were given autonomy, i.e., the distinction
between Reserved and Transferred Subjects was abolished and full responsible government was established.
Provinces derived their power and authority directly from the British Crown. They were given independent
financial powers and resources.
Provincial legislatures were further expanded. Bicameral legislatures were provided in the six provinces
of Madras, Bombay, Bengal, United Provinces, Bihar and Assam, with other five provinces retaining
unicameral legislatures.
The principles of ‘communal electorates’ and ‘weightage’ were further extended to depressed classes,
women and labour.
Franchise was extended, with about 10 per cent of the total population getting the right to vote.
The Act also provided for a Federal Court with original and appellate powers, but the Privy Council in
London was to dominate this court.
The India Council of the Secretary of State was abolished.
The British government decided to introduce the provincial autonomy on April 1, 1937, but the Central
government continued to be governed in accordance with the 1919 Act.
Issues with Government of India Act, 1935
The Act provided a rigid constitution with no possibility of internal growth. Right of amendment was
reserved for the British Parliament.
Extension of the system of communal electorates and representation of various interests promoted
separatist tendencies— culminating in partition of India.
The 1935 Act was condemned by nearly all sections and unanimously rejected by the Congress.
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Indian Independence Act of 1947
The Indian Independence Act 1947 was enacted by the British Parliament, which got its royal assent on
July 18, 1947. By affirmation of royal assent, India gained independence. The act came into force on
August 15, 1947.
The Indian Independence Act 1947 provided that the date August 15, 1947, would be the “’appointment
date’ under the Government of India Act, 1935 and there would be two sovereign dominions, India
and Pakistan.
It abolished the office of Viceroy and provided, for each dominion, a governor general, who was to be
appointed by the British King on the advice of the dominion cabinet.
His Majesty’s Government in Britain was to have no responsibility with respect to the Government of India
or Pakistan.
It abolished the office of the Secretary of State for India and transferred his functions to the Secretary
of State for Commonwealth Affairs.
It proclaimed the lapse of British paramountcy over the Indian princely states and treaty relations with
tribal areas from August 15, 1947.
It granted freedom to the Indian princely states either to join the Dominion of India or Dominion of
Pakistan or to remain independent.
It deprived the British Monarch of his right to veto bills or ask for reservation of certain bills for his
approval. But this right was reserved for the Governor General.
It discontinued the appointment to civil services. The members of the civil services appointed before
August 15, 1947 would continue to enjoy all benefits that they were entitled to till that time.
It gave all the authority to the constituent assembly to repeal any of the acts made by the British
Parliament, even the Indian Independence Act of 1947.
From August 15th, 1947, to January 26th, 1950, a drafting committee was formed to draft the Indian
Constitution. The drafting committee worked directly under the then-law minister, Dr. B.R. Ambedkar.
The committee prepared the draft of the Constitution of India after detailed deliberation and discussion
on the existing system of administration. This draft received assent from the President of India, Dr. Rajendra
Prasad.
The Constitution of India was inspired by various other Constitutions already existing in their respective
nations.
Source of Indian Constitution
The parliamentary system of Government British Constitution
Symbolic or nominal importance of head of state
Single citizenship
Cabinet system
Various Parliamentary privileges
Bicameralism
Fundamental rights American Constitution
Independence of Judiciary
The principle of judicial review
The post of Vice-President
Removal of judges of the Supreme Court and the High Courts
Impeachment of the President
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DPSP (Directive Principle of State Policy) Scottish Constitution
Methods of Presidential Election
The nomination of members to the Council of State
The Federal system with powerful States Canadian Constitution
Vesting residuary powers in Centre
Appointment of state governor by Centre
Advisory jurisdiction of Supreme Court
The Concurrent list Australian Constitution
Freedom of Trade and Commerce
A joint sitting of both houses of the Parliament
Suspension of the fundamental rights during an emergency German Constitution
Fundamental duties Union of Soviet Socialist
Republics' Constitution
The idea of social, economic, and political justice enshrined in Preamble
(introductory part of the Constitution)
Republican structure French Constitution
The idea of Liberty, Equality
Fraternity
Amendment of the constitution South African Constitution
Election of members of Rajya Sabha
The procedure established by law Japanese Constitution
Federal system Government of India Act 1935
Governor's office
Structure of judiciary
Public Service Commission
Emergency provision
Three lists for distribution of power
Changes made by the Independence Act
The Indian Independence Act of 1947 made the following three changes in the position of the Assembly:
The act empowered the Assembly to abrogate or alter any law made by the British Parliament in
relation to India.
The Assembly also became a legislative body. In other words, two separate functions were assigned
to the Assembly, that is, making of the Constitution for free India and enacting of ordinary laws for the
country. These two functions continued till November 26, 1949, when the task of making the Constitution
was over
The Muslim League members (hailing from the areas included in the Pakistan) withdrew from the
Constituent Assembly for India.
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Key timelines in the 1948 constitutional process
1946 Britain decides on to grant independence to India and cabinet mission is dispatched
to India to discuss modalities for transfer of power
14 August 1947 Proposal for creation of committees is tabled
29 August 1947 Drafting committee is established
6 December 1947 Constituent Assembly formally convenes for the first time, following elections, to
start the process of writing a constitution.
4 November 1947 Draft is finalized and submitted
1948 – 1949 Constituent Assembly meets in sessions open to the public
26 November 1949 Constituent Assembly adopts final draft making it official
26 January 1950 Entry into force of the new constitution
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