CONSTITUTIONAL DEVELOPMENT OF INDIA

THE CONSTITUTIONAL DEVELOPMENT IN INDIA
As their empire expanded in India, the British had to face many problems
regarding the administrative set up. A lot of criticism was voiced in England over
the Company’s administration in India. With the expansion of the empire, there was
a need to bring about many administrative changes and also consider the demands
of the Indian public. The changes introduced by the British in the administration
of India and the regulations they passed served as the background for the growth
of India’s present Constitution.
THE REGULATING ACT : The Regulating Act passed by the British Parliament
in 1773 ended the Dual Government established by Robert Clive. Many regulations
were laid down to discipline the administration of the East India Company. (1) The
Governor of Bengal became the Governor-General of India with control over the
two other Presidencies (Bombay and Madras). Warren Hastings became the first
Governer General. (2) A Council of four members was constituted to for the
assistance of the Governor-General. (3) A Supreme Court was established at
Calcutta. (4) The Secretary of State for India was appointed in England to supervise
the Company’s affairs in India. He was answerable to the British Parliament.
THE PITT’S INDIA ACT-1784: (1) A Board of Control consisting of six members
was appointed in England to look after the Company’s affairs. (2) The number of
members of the Governor-General’s Council was reduced to three. (3) The East
India Company was subjected to the rules laid down by the British Government.
THE CHARTER ACT OF 1813 : The Charter granted to the Company by the British
Crown to trade in India was renewed periodically. When the Char ter was renewed
in 1813, certain new regulations were laid down. They were as follows: (1) The
Indian empire was declared as subject to the sovereign authority of the British
government (2) The ban on the entry of the Christian Missionaries into India was
lifted and the Missionaries were permitted to open schools and colleges in India.
(3) The Act also directed the government to earmark rupees one lakh per year for
the education of Indians.
THE CHARTER ACT OF 1833 : (1) The Company was forbidden to engage itself
in trade in India. It was to concentrate only on running the administration of India.
(2) Appointments (in government service) in India were to be made on the basis
of merit. (3) A law member was added to be the Governor-General’s Council and
the number rose again to four. Thomas Babington Macaulay was the first law
member.
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THE CHARTER ACT OF 1853 : (1) The central legislature was started by adding
new legislative members to the Council (This is the beginning of the modern
Parliament). The legislative members were six in number. (2) Competitive
examinations were introduced for civil services. This Act is considered to be a
milestone in the history of Constitutional development. It created an effective
legislative wing.
THE GOVERNMENT OF INDIA ACT OF 1858 : After the 1857-58 uprising, India
came directly under the rule of the British Crown and this Act was passed for better
governance of India. (1) The Secretary of State for India was to be assisted by a
council called the India Council, consisting of 15 members. (2) The Governor-
General was also designated as the Viceroy of India and represented the Queen
in India. (3) In 1858 Queen Victoria by Proclamation promised impartial treatment
of the Indian princes and the people.
THE INDIAN COUNCILS ACT 1909
(MINTO-MORLEY REFORMS)
The two Indian Councils Acts of 1861, and 1891 increased the powers of the
legislative councils. They introduced elected bodies like municipalities at the local
level. In 1909, the Act also known as the Minto (Viceroy) and Morley (Secretary
of State for India) Reforms, was passed. (1) It provided for an increase in the number
of members at the Central Legislature from 16 to 60. (2) The Provincial Legislative
Council was expanded by adding elected members. (3) Separate communal
electorate was introduced.
THE GOVERNMENT OF INDIAN ACT 1919
The Act was also known as the Montague (Secretary of State) and Chelmsford
(Viceroy) Reforms,
1. The Act promised to gradually extend responsible government to India.
2. It further promised to develop local self-government bodies.
3. The powers of the Secretary of State for India were curtailed and a High
Commissioner for India was appointed.
4. The number of Indian members in the Viceroy’s Executive Council was
increased.
5. The Act provided for a bicameral legislature at the centre. The Council
of the States as the upper house with its term being three years and the
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Legislative Assembly as the lower house with a term of five years. These
were the beginning of the present Rajya Sabha and Lok Sabha.
6. The departments were divided into Central list (which included Defence,
Post and Telegraph, Railways etc.) and the Provincial list. (Land Revenue,
Local Self Government. Forest etc.)
7. At the Provincial level, Dyarchy was introduced. There were reserved
subjects like finance, police etc., and transferred subjects were like forests,
education, land revenue, health etc. The Governer and his Executive
Council was responsible for the reserved subjects. The elected ministers
were responsible for the transferred subjects. This was partly the beginning
of responsible government in India.
THE GOVERNMENT OF INDIA ACT, 1935
This was an important step in the shaping of our present Constitution. This
Act provided basic framework of the federal government for India.
1. The Act proposed for an All India Federation consisting of the provinces
of British India and the princely states.
2. A Federal Court having jurisdiction over the provinces and princely states
was established at the centre.
3. Dyarchy was abolished in the Provinces. The act provided for provincial
autonomy.
4. Dyarchy was introduced at the Centre and subjects were divided into
central list, provincial list and concurrent list.
5. The Reserve Bank of India was established.
THE INDIAN INDEPENDENCE ACT, 1947
India became independent and two independent states - India and Pakistan
were created. The rule of the British in India ended. All the provinces and princely
states were permitted to join either of the two states by the Act. A Constituent
Assembly was formed to frame the Constitution.
Till the time the Indian Constitution was ready, Mountbatten continued as the
Governor-General from August 1947 to June 1948. After that C. Rajagopalachari
was the Governor General of India till 25th January 1950. On Jan 26, India became
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a Republic. But India continued to be a member of the British Commonwealth of
Nations, consisting of the countries formerly ruled by the Britain.
FRAMING THE CONSTITUTION
An interim government for
India was formed in September 1946
with Pandit Nehru as the Prime
Minister. The Government also
undertook the responsibility of
framing the Constitution of India with
the help of a Constituent Assembly
consisting of 308 members which
met from Dec, 1946. Babu Rajendra
Prasad was the president of this
Assembly. Dr. B.R. Ambedkar
worked as the Chairman of the Drafting Committee of the Constitution. On 26th
November 1949 the new Constitution was ready. It was brought into force on 26th
Jan, 1950. The structure and the theoretical objectives of the Constitution are based
on the principles that guided the freedom movement.
EXERCISES
I Fill in the blanks with suitable words:
1. The Act which helped the founding of the present Supreme Court in India was….......
2. The first law member of the Governor General Advisory Council was .............
3. Competitive examinations were introduced by the Act of............
II Answer the following question in two or three sentences:
1. What were the provisions of the Regulating Act?
2. What were the main features of the Charter of Act of 1813?
3. The Act of 1853 is considered to be a milestone in the history of Indian constitution. Why?
4. What were the main provisions of the Minto-Morley Reforms?
5. What were the changes introduced by the Montague-Chelmsford Reforms?
6. The Government of India Act of 1935 is a major step in the Constitutional development.
How?
7. What were the main features of the government of India Act of 1947?
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Dr. Rajendra Prasad Dr. B.R. Ambedkar