THE REGULATING ACT, 1773

•Supervision of the British government on company’s affairs

•Governor of Bengal was raised to Governor General

•Bombay and Madras Presidency's superintend and control to Governor General of Bengal
• Governor General was under the direct control of ‘Court of Directors’, which reported to
British Parliament
•Governor General’s Council- 4 members
• establishment of a Supreme Court of Justice at Calcutta
• Legislative powers were granted to the Governor General and his Council

PITT'S INDIA ACT, 1784

•To remove the deficiencies of the regulatory act
•Established a Board of Control- 6 commissioners, including, two Cabinet ministers
•Board of control directly accountable to British Parliament
•The Board of Control --government oversight body, the Court of Directors --Company's
governing body
•A secret committee (within the Court of Director) -3 Directors for top decisions in political
and military matters
•Governor General’s council- now only 3 members; casting vote with Gov-Gen

•For all matters, Bombay and Madras Presidency was brought under the Gov-Gen
•Laid the foundation of a centralised administration of the British Rule

CHARTER ACT OF 1793

•Company was allowed to continue with the possession of all territories for the next 20
years
•Codification, printed in vernacular language, of all regulations formulated for governance,
protecting rights of people and dispensation of justice
•Laid the foundation of ‘Rule of Law’

CHARTER ACT OF 1813

•Company was allowed to have territorial possessions for another 20 years.
•But its monopoly of trade with India was revoked (taken way)
CHARTER ACT OF 1833
•Monopoly of the company abolished completely, only territorial possession and political
function allowed
•The President of the Board of-Control became the minister for Indian affairs

•The Directors were to act as expert advisors of the President of the Board of Control
•Governor General of Bengal became the Governor General of India
•Governor General in Council were given the power to legislate for the whole of the British
territories in India
•Codification of laws in India. The Indian Penal Code and Codes of Civil and Criminal Law
were enacted.

CHARTER ACT OF 1853

•Separation of the executive and the legislative functions- one addl. Law member, now full
member
•The "Legislative Councillors" were neatly distinguished from the "Executive Councillors"
•The consent of the Governor General was made necessary for all legislative proposals.

•Constitution of Central Legislative Council -one representative each from the provinces
•All vacancies in India were to be filled in by competitive examinations

GOVERNMENT OF INDIA ACT. 1858

•The Governance of India passed from the hands of the English East India Company to the
crown.
•The Board of control and court of Directors were abolished. Their place was taken by the
Secretary of State of India and his India Council-15 members; Secretary of State could
override his council
•The Governor General became Viceroy or Crown's representative

INDIAN COUNCILS ACT 1861

•Viceroy’s executive council-5 members- cabinet with portfolio system- each member
responsible for one ministry/Deptt.

•The Legislative Council was enlarged. 6 to 12 additional members

•half of the additional members were to be non-official
•Indians nominated in the central Legislative Council
•Thus, start of Indian representation in Legislature, start of responsible Government
•But legislative council had limited role. It was chiefly advisory. No discussion on finance was
permitted.
•Provincial legislative councils in Madras and Bombay.

•Empowered Viceroy to issue ordinances, without the consent of the Legislative Council
during an emergency

INDIAN COUNCILS ACT 1892

•Increased the number of additional and non-official members in the legislative councils-
both central (12 to 16) & provincial Councils
•legislative council members were given the right to ask questions on the budget
•Principle of representation was initiated: The district boards, universities, municipalities,
chambers of commerce and zamindars were authorized to recommend members to the
provincial councils.
•First step towards a representative form of government in modern India

INDIAN COUNCILS ACT 1909

•Called Morley–Minto Reforms

•First time introduced election to Legislature- popular elements in Governance; but election
indirect (Functional representation)
•Separate Electorate to Muslims
•Included Indians to Executive councils of Viceroy and Governors
•Indians nominated to the Council of the Secretary of state for Indian affairs
•Further Increased the number of additional and non-official members in the legislative
councils- 16 to 60
•Legislature given more powers to ask questions from executives Government of India Act,
1919 •Called Montagu-Chelmsford Reforms

•Bicameral Legislature: Central Legislative Assembly and Council of State.

•3 Indians in Viceroy’s executive Council (8 total)
•Diarchy (dual Government) at the level of the provincial government
•Transferred subjects- elected legislative council members- nominated as ministers
•Reserved Subjects: important subjects/portfolio reserved for members of executive council
•Separate Electorate for Sikhs, Anglo-Indians, Christians and Europeans
•Provincial legislative councils were further expanded and 70% of the members were to be
elected. •Thus, GOI Act 1919 strengthened popular and representative Government in
British India.

GOVERNMENT OF INDIA ACT, 1935

•Outcome of Simon Commission Report and 3 Round Table Conference- 1930-32
•More responsible Government; both at centre and provinces

•Gov-Gen/Gov ruled as per the advice of council of ministers responsible to legislature

having majority of elected members

•Introduced Diarchy in Centre; never implemented

•Diarchy in provinces abolished
•Provincial Autonomy- to act as autonomous units of administration in their defined spheres
•All India Federation- if 50% of Indian states decided to join it. never implemented
•Federal Court in Delhi

•3 lists; residual powers with Gov-Gen

•Bicameral Legislatures in Provinces
•Separate electorates for depressed classes (scheduled castes), women and workers.
•Expanded electoral base: 5 million to 30 million; direct election
•Independent’s India’s constitution has taken maximum clauses from GOI Act 1935`

CABINET MISSION PLAN 1946

•Last attempt to keep India one nation-state
•Members: Petrick Lawrence, Stafford Cripps, & and A.V. Alexander
•Grouping of Provinces
•Group A: Madras, Central Provinces, UP, Bihar, Bombay and Orissa

•Group B: Punjab, Sindh, NWFP and Baluchistan

•Group C: Bengal and Assam
•India: federation of these provincial groups
•Detailed plan for Indian Constituent Assembly
•Indirectly elected by the Legislature’s elected as per GOI 1935

•Envisaged the formation of an interim government

•Governor-General to head the interim government and the Union of India
•rights of princely states to remain independent
•Initially accepted by the Congress rejected by the Muslim league but ultimately it was not
accepted

THE INDIAN CONSTITUENT ASSEMBLY

The Idea and Formation
1st Attempt to have an Indian Constitution- The Nehru Report-1928

M.N. Roy first proposed the idea of a Constituent Assembly for India in 1934
•Constituted as per the Cabinet Mission Plan 1946
•By indirect election by the members of the Provincial Legislative Assemblies, elections held
in 1946, under the GOI 1935
•Members: 389 (292- British Provinces; 93 - princely states; 4 from the chief commissioner
provinces)
•After partition: 299 members
Important Dates:
•Formed on: 6 Dec, 1946

•First meeting: 9 Dec, 1946

•Objective Resolution: Presented:13 Dec, 1946; adopted: January 22, 1947
•Adopted the national Flag: July 22, 1947
•Last Meeting: 24 January, 1950; the signing day
•Adopted and enacted on: 26 November 1949

•Fully Implemented on: 26 January 1950

Total sittings and time - -11 sessions; two years, eleven months and seventeen days
President Provisional: Dr. Sachchidanand Sinha
Permanent: Dr. Rajendra Prasad Other contributors Vice Presidents:1. H. C. Mookerjee 2.V.
T. Krishnamachari
Constitutional advisor: B.N.Rau

Draftsman: S. N. Mukherjee
Calligrapher: Prem Behari Narain Raizada
Important Committee
•Drafting Committee – B. R. Ambedkar.
•Union Power Committee – Jawaharlal Nehru.
•Union Constitution Committee – Jawaharlal Nehru.

•Provincial Constitution Committee – Vallabhbhai Patel.

•Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas –
Vallabhbhai Patel.
•Steering Committee: Rajendra Prasad
•Order of Business Committee - K M Munshi

The Constitution- facts & Features

•When adopted: 395 articles, 22 parts, 8 schedules

•Now: 448 articles, 25 parts, 12 schedules
•Longest and lengthiest constitution in the world Philosophy
•Reflected through its preamble, objective resolution, constituent assembly debates
•Synthesis of Liberalism with communitarianism and socialism

•FR- Liberalism; DPSP: communitarianism and socialism

•Document for Political and social transformation
•Vision of caste and class less society
•Seamless web of 1. Social revolution, 2. national unity, and 3. Democracy (Granville Austin)

Features
•Parliamentary liberal Democratic system
Asymmetric Federalism
• unity and integrity of nation and accommodate aspirations of diversity
•Rights to both individuals & Groups

•Non-western conception of secularism

•Independence of Judiciary
•Adequate Check & Balance
•Flexibly Rigid Famous quotes
•Article 356 is like ‘safety valve’ and would remain a dead letter- Ambedkar
•Article 32 is the heart and soul of the Constitution – Ambedkar
• “If things go wrong in the new Constitution, the reason will not be that we had a bad
Constitution, what we will have to say that Man was vile”- Ambedkar
• “Constitutional morality must be held higher than public morality”- Ambedkar
•Indian constitution as a ‘seamless web’- Granville Austin

•Indian Constitution as a social Document- Granville Austin

• ‘India’s Constitution was born more in fear and trepidation than in hope and inspiration’-
Paul Brass
•Directive Principles of State Policy are like “pious aspirations”- Ivor Jennings

Constitutional GK and Trivia

Special Majority
of 2/3rd members present and voting supported by more than 50% of the total strength of
the house. This type of majority is used for most of the Constitutional amendment and
impeachment of Judges.

Very special majority Two thirds of the total membership of the House required for
impeachment of President Grounds of Impeachment President: violation of the Constitution
Judges: ground of proved misbehaviour or incapacity.

President hands over resignation to?

Vice President and vice-versa Speaker hands over resignation to?
Dy. Speaker and vice-versa
SC/HC Judges hands over resignation to?
President

FR vs DPSP; which is superior?

In general FR but DPSP 39(b) and 39(c) is superior to FR 14, and 19.
Which FR cannot be suspended during Emergency?
Article 20 and 21 Which cases gave ‘Basic Structure’ doctrine?
Keshavnanda Bharti case- 1973

Parliament cannot change the Basic Structure or basic feature of the constitution.
In Which case first mention of ‘Basic Structure’?
Sajjan Singh v. State of Rajasthan -1964
Which case decided ‘preamble Not part of Constitution’?
Berubari case (1960) But SC, in Keshavnanda Bharti case- 1973, overturned earlier decision
and stated that preamble is part of Constitution. In the 1995 case of Union Government Vs
LIC of India also, the Supreme Court has once again held that Preamble is the integral part of
the Constitution but is not directly enforceable in a court of justice in India
Which article is used by the courts for Judicial Review?
Article 13(2) – “The State shall not make any law which takes away Fundamental Rights and
any law made in contravention of this clause shall, to the extent of the contravention, be
void”
Which article became battle between FR and DPSP?
Article 31(c) inserted by 25th Amendments-1971- this gave primacy to DPSP over FR This
article led to long battle between SC and Government.
Which article saw most Judicial Activism ?

Article 21- Right to Life ( Right to education, Right to privacy, right to shelter, right to
pollution free environment, etc. all were declared FR under article 21)

Lok Sabha Vs Rajya Sabha

Both have equal powers Except in: 1.Money Bill- can only be introduced in LS, RS very
limited power of amendments
2. No confidence motion can only be presented in LS
Special powers of Rajya Sabha 2 powers- not available to LS
1.It can allow legislation by parliament on State list subjects

2.It can pass resolution to create All India Service

Who declares/certify a bill as Money Bill?
The Speaker of Lok Sabha
Who is the chairperson of Rajya Sabha?
The Vice President

Important DPSP
Distributive Justice, social control of production: article 39(b), 39(c) Organisation of village
panchayats- 40 Right to work- article 41 Provision for just and humane conditions of work
and maternity relief- 42 Living wages for workers, Worker’s participation in management:
article 43 Participation of workers in management of industries- 43A Promotion of co-
operative societies- 43B Uniform civil code: 44 Organisation of agriculture and animal
husbandry-48 Environmental protection: 48A Protection of monuments and places and
objects of national importance-49 Separation of judiciary from executive- 50 Promotion of
international peace and security: 51
6 FR
Right to equality: article 14 to 18
Right to Freedom: article 19 to 22

Right against exploitation: article 23 to 24

Right to freedom of Religion: article 25 to 28 Cultural & Educational Rights: article 29 to 30
Rights to constitutional remedies: article 32
Article 32 vs 226
32: writ petition in SC against violation of FR
226: writ petition in HC against violation of FR as well as any other constitutional/legal rights
Hence, scope of 226 is wider than 32
Constitutional reforms before 1947

GOI Act 1909: Morley-Minto reform- separate electorate for Muslims

Government of India Act 1919-
called Montague-Chelmsford reform- Dyarchy in provinces; Sikhs got special electorates GOI
Act 1935: Mini Indian Constitution- Provincial Autonomy; created the Federal Court
Cabinet Mission Plan 1946- Constituent assembly
Which article protect 9th Schedule from Judicial Scrutiny?
Article 31B

Emergency
Many of the emergency provisions taken from the Govt of India Act- 1935 and Weimer
Constitution, Germany (suspension of FR during emergency)
National Emergency-352- 3 times- 1962, 1971, 1975
Can be extended by 6 months at a time by Parliament
Maximum duration- unlimited

Financial Emergency-360- never invoked

Maximum duration- unlimited
State Emergency-356-
more than 100 times!
•Maximum duration- 3 years
Which landmark case restricted use of article 356?
SR Bommai case (1994)- after that invoking 356 came under strict judicial scrutiny
What name constitution gives to India? India and Bharat (Article 1)

When preamble was amended?

1976-42nd amendments- ‘Secular, Socialist, Integrity’ were added.
When Fundamental duty was expanded?
In 2002, through 86th amendments, 11th duty was added.
FR available to both citizens and foreigners

Right to equality before law (14), right to life (20, 21), right to freedom of religion
(25,26,27,28)

On which grounds right to freedom is restricted?

On grounds of sovereignty and integrity of India, the security of the State, friendly relations
with foreign States, public order, decency or morality or in relation to contempt of court,
defamation or incitement to an offence
Which FR are group rights?
Article 29, 30: Rights to Minorities to protect their language, Script, culture and establish and
administer educational institutions.

Which article repeal The Indian Independence Act, 1947, and the Government of India Act,
1935—article 395
Which article state that language in SC/HC would be English—article 348

Which article state that Constitution may be called the Constitution of India? --Article 393
What are ‘Basic Structure

/feature’ Not well defined; includes: The supremacy of the constitution.

A republican and democratic system. The secular character of the Constitution.
Separation of powers among 3 organs of the state
Independence of Judiciary
The federal character of the Constitution.
.