Polity #1 - Constitution and its Evolution

The more readable PDF version of this post can be downloaded by clicking here. Also, do remember that this is NOT an exhaustible 'capsule' or anything. Consti has a lot more. Use this only as a outline for revision and don't sue us if questions come from outside this. Be sensible. Prep well !

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All countries have written constitutions - except United Kingdom, Israel, New Zealand and Saudi Arabia.

Indian constitution is the longest written constitution

Framed in Nov 26, 1949 and adopted in Jan 26,1950

22 parts, 395 articles and 8 schedules- initially

25 parts with 448 articles, 12 schedules, 5 appendices - currently

101 amendments so far.

Before 1857:

Regulating act-1773

• Report by Lord North, east India company under British control.
• Governor of Bengal nominated as governor general of three presidencies Madras, Bombay and Calcutta-
• Warren Hastings was the first Governor General.
• Supreme Court was established in Fort William, Calcutta.

Pitts India Act-1784

• Improve regulating act, 6 member board of controllers were established

Charter Act-1793- payment of salaries from indian revenue, courts have given power to interpret rules and regulations.

Charter act -1813- trade monopoly of East india company came to end, Christian missionaries were permitted to spread their religion.

Charter act-1833

• redesignated the Governor-General of Bengal as the Governor-General of India.
• Lord William Bentinck became the first Governor-General of India.
• single budget by governor general,
• Governor General’s government to be called the Govt of India and his council called Indian council

Charter act 1853

• Last Charter Act, report by Dalhousie, separate governor of Bengal was appointed
• civil services exams were introduced and Indian Civil Service was born.

After-1857:

Government of India act- 1858:

• Sepoy mutiny- 1st Indian war of independence
• After that the British have ultimate control over the country.
• Secretary of State received the powers and duties of the Company's Court of Directors
• Secretary of State for India was accountable to the British parliament and was assisted by a council of fifteen members called Council of India.

Indian councils act- 1861

• Powers of crown were to be exercised by the secretary of state-assisted by council of fifteen members
• Secretary of state- governed India through governor general assisted by executive council
• Decentralized legislative powers of governor general council and vested them to Bombay and Madras

Indian council act- 1892

• authorized an increase in the size of the various legislative councils
• Non official member’s appointments- by Bengal chamber of commerce,
• Universities, district board, zamindars, chambers of commerce and local municipalities can recommend members to provisional legislative councils

Minto Morley reforms: 1909 (Indian Councils Act 1909)

• After Lord Curzon’s Partition of Bengal.
• Members of the Legislative Council at the Center- from 16 to 69
• members of the provincial legislative councils, under a governor or lieutenant governor, was also increased by including non official members
• Separate electorate for the Muslim community
• Two Indians were nominated to the Council of the Secretary of State for Indian Affairs.
•  The Governor-General was empowered to nominate one Indian member to his Executive Council.

Montague Chelmsford reforms and Govt of India Act-1919

• Secretary of state- Montague and governor general Chelmsford
• Diarchy or dual form of Govt introduced, central and provincial.
• The Central Legislature would comprise two chambers- The Council of State and the Indian Legislative Assembly
• Central Legislature was empowered to enact laws on any matter for whole of India.
• Central- under the control of central govt, Provincial-subdivided into transferred and reserved lists.
• Transferred- admin by governor aided by ministers of legislative assembly
• Reversed- admin by governor with no responsibility to ministers of legislative assembly
• First time introduced bicameral Provincial Legislative councils.
• Upper house- council of state,60 members in which 34 elected, lower house- legislative assembly- 144 members- 104 were elected
• Separate budget

Simon commission- 1928

• Sir John Simon assisted by Clement Attlee
• Lala Lajpat Rai was martyred.

Govt of India Act- 1935

• The longest Act (British) of Parliament ever enacted by that time. Had 321 sections and 10 schedules.
• Prescribed a federation, option for Indian states to join federation- but no one joined.
• introduction of direct elections
• established a Federal Court
• Authority in the centre was vested in the governor general on behalf of the Crown,
• Central legislature - Bicameral- federal and council of state
• Dominion status- promised by Simon was not conferred

Cripps mission:1942

• Proposals by Stafford Cripps
• Constitution of india by elected constituent assembly by the Indian people
• Dominion status
• One Indian union comprising all the provinces and Indian states

Cabinet mission plan-1946

• Atlee- three cabinet ministers- to help India attain independence asap, set up a constituent assembly,
• Rejected idea of the separate constituent assembly for muslims

Mountbatten plan-1947-june

• Transfer of power to Indians and partition of country

Indian independence act -1947

• Office of secretary of state was abolished, governor general and governors lost extraordinary powers, constituent assembly can function as central legislature with full freedom.