10/9/21, 8:59 PM Historical Background of Indian Constitution - Clear IAS

ClearIAS
Historical Background of
Indian Constitution

Before 1947, India was divided into two main entities – The
British India which consisted of 11 provinces and the
Princely states ruled by Indian princes under subsidiary
alliance policy. The two entities merged together to form the
Indian Union, but many of the legacy systems in British
India is followed even now. The historical underpinnings
and evolution of the India Constitution can be traced to
many regulations and acts passed before Indian
Independence.

Indian System of Administration

Indian democracy is a Parliamentary form of democracy
where the executive is responsible to the Parliament. The

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Parliament has two houses – Loksabha and Rajyasabha.

Also, the type of governance is Federal, ie there is separate
executive and legislature at Center and States. We also have
self-governance at local government levels. All these systems
owe their legacy to the British administration. Let us see the
historical background of the Indian Constitution and its
development through the years.

Regulating Act of 1773

The first step was taken by the British Parliament to
control and regulate the affairs of the East India
Company in India.
It designated the Governor of Bengal (Fort William) as
the Governor-General (of Bengal).
Warren Hastings became the first Governor-General of
Bengal.
Executive Council of the Governor-General was
established (Four members). There was no separate
legislative council.
It subordinated the Governors of Bombay and Madras
to the Governor-General of Bengal.
The Supreme Court was established at Fort William
(Calcutta) as the Apex Court in 1774.
It prohibited servants of the company from engaging in
any private trade or accepting bribes from the natives.
Court of Directors ( the governing body of the
company) should report its revenue.

Pitt’s India Act of 1784

Distinguished between commercial and political
functions of the company.
Court of Directors for Commercial functions and Board
of Control for political affairs

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of Control for political affairs.

Reduced the strength of the Governor General’s council
to three members.
Placed the Indian affairs under the direct control of the
British Government.
The companies territories in India were called “the
British possession in India”.
Governor’s councils were established in Madras and
Bombay.

Charter Act of 1813

The Company’s monopoly over Indian trade
terminated; Trade with India open to all British
subjects.

Charter Act of 1833

Governor-General (of Bengal) became the
Governor-General of India.
First Governor-General of India was Lord William
Bentick.
This was the final step towards centralization in  British
India.
Beginning of a Central legislature for India as the act
also took away legislative powers of Bombay and
Madras provinces.
The Act ended the activities of the East India Company
as a commercial body and it became a purely
administrative body.

Charter Act of 1853

The legislative and executive functions of
the Governor-General’s Council were

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separated.
6 members in Central legislative council. Four out of six
members were appointed by the provisional
governments of Madras, Bombay, Bengal and Agra.
It introduced a system of open competition as the basis
for the recruitment of civil servants of the Company
(Indian Civil Service opened for all).

Government of India Act of 1858

The rule of Company was replaced by the rule of the
Crown in India.
The powers of the British Crown were to be exercised
by the Secretary of State for India
He was assisted by the Council of India, having 15
members
He was vested with complete authority and control over
the Indian administration through the Viceroy as his
agent
The Governor-General was made the Viceroy of India.
Lord Canning was the first Viceroy of India.
Abolished Board of Control and Court of Directors.

Indian Councils Act of 1861

It introduced for the first time Indian representation in
the institutions like Viceroy’s executive+legislative
council (non-official). 3 Indians entered the
Legislative council.

Legislative councils were established in Center and

provinces.
It provided that the Viceroy’s Executive Council should
have some Indians as the non official members while

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have some Indians as the non-official members while

transacting the legislative businesses.
It accorded statutory recognition to the
portfolio system.
Initiated the process of decentralisation by restoring
the legislative powers to the Bombay and the Madras
Provinces.

India Council Act of 1892

Introduced indirect elections (nomination).
Enlarged the size of the legislative councils.
Enlarged the functions of the Legislative Councils and
gave them the power of discussing the Budget and
addressing questions to the Executive.

Indian Councils Act of 1909

1. This Act is also known as the Morley- Minto Reforms.
2. Direct elections to legislative councils; first attempt at
introducing a representative and popular element.
3. It changed the name of the Central Legislative Council
to the Imperial Legislative Council.
4. The member of the Central Legislative Council was
increased to 60 from 16.
5. Introduced a system of communal representation for
Muslims by accepting the concept of ‘separate
electorate’.
6. Indians for the first time in Viceroys executive
council. (Satyendra Prasanna Sinha, as the law
member)

Government of India Act of 1919

This Act is also known as the Montague-Chelmsford
Reforms.

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The Central subjects were demarcated and separated

from those of the Provincial subjects.
The scheme of dual governance, ‘Dyarchy’,
was introduced in the Provincial subjects.
Under the dyarchy system, the provincial subjects were
divided into two parts – transferred and reserved. On
reserved subjects, Governor was not responsible to the
Legislative council.
The Act introduced, for the first time, bicameralism
at the center.
Legislative Assembly with 140 members and
Legislative council with 60 members.
Direct elections.
The Act also required that the three of the six members
of the Viceroy’s Executive Council (other than
Commander-in-Chief) were to be Indians.
Provided for the establishment of the Public Service
Commission.

Government of India Act of 1935

The Act provided for the establishment of an All-India
Federation consisting of the Provinces and the Princely
States as units, though the envisaged federation never
came into being.
Three Lists: The Act divided the powers between the
Centre and the units into items of three lists,
namely the Federal List, the Provincial List and
the Concurrent List.

The Federal List for the Centre consisted of 59 items,

the Provincial List for the provinces consisted of 54
items and the Concurrent List for both consisted of 36
items

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items
The residuary powers were vested with the Governor-
General.
The Act abolished the Dyarchy in the Provinces and
introduced ‘Provincial Autonomy’.
It provided for the adoption of Dyarchy at the Centre.
Introduced bicameralism in 6 out of 11 Provinces.
These six Provinces were Assam, Bengal, Bombay,
Bihar, Madras and the United Province.
Provided for the establishment of Federal Court.
Abolished the Council of India.

Indian Independence Act of 1947

It declared India as an Independent and Sovereign
State.
Established responsible Governments at both the
Centre and the Provinces.
Designated the Viceroy India and the provincial
Governors as the Constitutional (normal heads).
It assigned dual functions (Constituent and Legislative)
to the Constituent Assembly and declared this
dominion legislature as a sovereign body.

Points to be noted

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Laws made before the Charter Act of 1833 were called

Regulations and those made after are called Acts.
Lord Warren Hastings created the office of District
Collector in 1772, but judicial powers were separated
from District collector later by Cornwallis.
From the powerful authorities of unchecked executives,
the Indian administration developed into a responsible
government answerable to the legislature and people.
The development of the portfolio system and budget
points to the separation of power.
Lord Mayo’s resolution on financial decentralization
visualized the development of local self-government
institutions in India (1870).
1882: Lord Ripon’s resolution was hailed as the ‘Magna
Carta’ of local self-government. He is regarded as the
‘Father of local self-government in India’.
1924: Railway Budget was separated from the General
Budget based on the Acworth Committee report (1921).
From 1773 to 1858, the British tried for the
centralization of power. It was from the 1861 Councils
act they shifted towards devolution of power with
provinces.
1833 Charter act was the most important act before the
act of 1909.
Till 1947, the Government of India functioned under
the provisions of the 1919 Act only. The provisions of

the 1935 Act relating to Federation and Dyarchy were

never implemented.
The Executive Council provided by the 1919
Act continued to advise the Viceroy till 1947 The

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Act continued to advise the Viceroy till 1947. The

modern executive (Council of Ministers) owes its legacy
to the executive council.
The Legislative Council and Assembly developed into
Rajyasabha and Loksabha after independence.

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