“We the People of India. ” Who knows better than us. the existent significance of independency? We fought the uninterrupted period of 150 old ages with British Empire. and so we saw the morning of freedom. The journey of this freedom battle is the memorial of our glorious history. And the “CONSTITUTIONAL HISTORY” is one of the of import chapters of it. Of class it’s non the thing which took topographic point in month or two. After the long period and with the great attempts of our fundamental law shapers ; one mulct forenoon of 26th November 1949. “We Adopt. Enact and Gave to ourselves this Constitution. ” So. it’s rather obvious that. the history of Indian Freedom Struggle and the history of Indian Constitution can non be studied in isolation. These two things are linked together internally. Hence we can’t separate them. But yes. it’s besides true that. history of Indian Constitution has its ain importance. As it tells us. how the bequest of British-India passed to the present “Union Of India” We can sort the Historical Development of Constitution into following sections: – I. 1600 to 1958
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II. 1958 to 1909
III. 1909 to 1919
IV. 1919 to 1935
V. 1935 to 1950
So. Historical development can be studied from the reaching of British Empire.
1 ) ADVENT OF BRITISH ( 1600-1765 )
“Attracted by the narratives of the fabulous wealth of the India and forfeited by the adventuresome maritime activity the Elizabethan epoch Englishmans were eager to set up commercial ; contacts with the East” . THE British came to India for trade. It was 31st of December 1600 that the East India Company formed by some merchandisers of London secured from Queen Elizabeth the royal charter. this charter granted monopoly right to the company to merchandise in India for uninterrupted period of 15 old ages. It laid down fundamental law. powers and privileges of the company. Each twelvemonth all the members of the company were to elect one governor and 24 one adult male commissions. The direction of the company was entrusted to these 25 work forces in England. Subsequently this company came to be called Directors and the tribunal of Director was born. The Governor and the company could do Torahs for guaranting good administration of the company. modulating its concern and keeping subject among its retainers. But the legislative power of the company was limited. The power and privileges of the company were enlarged by each subsequent charter. By the twelvemonth 1700. the company had established its trading centres and main colonies at Bombay. Madras and Calcutta. By the charter of 1669. the Island and port of Bombay was entrusted to the company at an one-year lease of Sterling lbs 10. Simultaneously. company was given the power to do the Torahs and issue regulations for the good authorities of Bombay and its occupants. Therefore for the first clip company acquired authorization to govern over the definite district and its people. From mere merchandising company it became the swayer. Whatever districts were being acquired by the company or came under its control. were all for the British Crown with company moving as its representative. * The Charter of 1726
It empowered the Governors-in-Council of the three presidential terms of Bombay. Madras and Calcutta to do bye-laws. regulations and regulations in conformance with English Torahs and capable to blessing by the tribunal of managers. Mayor’s tribunal was established due to this act. Taking advantage of weakening cardinal authorization and disturbed conditions all over the state all over the state
after the Aurangzeb’s decease. the company bit by bit emerged as the dominant power. The triumph of company at Battle of Plassey and Battle of Buxar. laid to the foundation of British regulation in India. In 1765. Shah Alam entrusted the Diwani of Bengal. Bihar and Orissa to the company which meant that the company acquired full powers of land gross aggregation and disposal and civil justness. The dyarchy which prevailed during 1765-1772 proved black and led to the assignment of the assignment of an enquiry commission by British House of Commons. The commission recommended demand for modulating the activities of the company. And the consequence was Regulating Act of 1773.
* THE COMPANY’s RULE ( 1773-1858 )
* REGULATING ACT OF 1773
The 1773 Act is peculiarly of import in India’s constitutional history every bit much as it was the beginning of the attempts at British parliamentary control over the company’s disposal in India. The Regulating Act 1773 for the first clip presented a written charter for company regulation in India and acknowledged the political and administrative duties of the company. This Act was the first measure in Consolidation of British regulation and centralisation of disposal in India. The Act established a Supreme Court at Calcutta. brought the three independent presidential terms under the control of Governor General of Bengal with 4 freshly appointed councilors. and brought about cardinal reforms in the composing of the Court of Directors in England.
* PITT’s INDIA ACT 1784
The 1773 Act suffered with several defects and therefore the Amending Act 1781 tried to rectify it. However the following major Act was Pitt’s India Act 1784. Under this Act the East India Company’s Court of Directors were left with the duties in the affair of trade and commercialism. While for political affairs the British Government appointed a Board of Control of 6 members. This Board was empowered to oversee. direct and command all operations of the civil and military authorities of the British ownerships in India. * Charter Acts of 1793 & A ; 1813
The Charter Act 1793 and 1813 renewed the Company’s Charter each clip for farther period of 20 old ages. The 1813 Act. deprived the company of the monopoly of trade in India. While the powers of the three councils of Madras. Bombay and Calcutta were enlarged they were besides subjected to greater control of the British parliament. All the ordinances made by the three councils were required to be laid before Parliament. * Charter Act 1833
The first swoon beginnings of the fundamental law doing during the British regulation in India are to be found in the Charter Act of 1833. The supervision. way and control of the whole civil and military authorities of all the British districts and grosss in India were expressly vested in the “Governor-General-of-India-in-Council” . For the first clip the Governor-Generals authorities was known as the “Government of India” and his council as the “Indian Council” . The Act introduced centralisation in the legislative domains as good. The Governor-General-of-India-in-Council was now vested. capable to certain limitations. with the sole power of statute law for the whole of the British districts in India. * Charter Act. 1853
The last of the Charters Acts. the Charter Act 1853 made of import alterations in the machinery for Indian statute law. Though the Governor Generals council was continued as the one legislative authorization competent to ordain Torahs for the whole of the British India. so many changes were made in its Character and composing that “the system was wholly changed” . The council was enlarged for legislative intents by the add-on of six particular members who were expressly debarred from sitting and voting in the council. “except at the meeting thereof for doing Torahs and regulations” . The council now consisted of 12 members including the Governor-General. the Commander in head. four representatives of the local authoritiess of Madras. Bombay. Calcutta and Agra. The legislative maps of the Council were clearly demarcated from its executive maps and their particular nature emphasized by express demands of Section 23 of the Act that the powers of doing Torahs and ordinances. vested in the Governor-General-in-Council. were to be
exercised merely “at meetings of the said Council” . 2 ) The Government Of India Act. 1858
* Transfer of power from East India company to the British Crown. “ The Passing of the Government of India Act. 1858 closed one great period of History and unshered in another rear – the direct regulation of Crown” Government of India Act. 1858 declared that henceforth India shall be governed by and in the name of the Queen and vested in the Queen all the districts and powers of the English Company. The first war of Indian Independence in 1857 brought the calling of East India Company to an terminal. In 1858. the Government of India was placed straight under the Crown through the Secretary of State for India and all the affairs were to be seen by him. With the constitution of the Act the Board of Control and the Court of Directors were abolished and all the powers possessed by them were given to the “Secretary of the State” for India and the India Council. The Secretary of State was given the power to oversee. control and directs the personal businesss of the Government of India. He was to sit in the Parliament and was to be assisted by a Parliament under Secretary. The Secretary of State was to be a member of the British Cabinet but his wages and allowances were to be paid out of the grosss of India. The India Council was to dwell of 15 members. Seven of them were to be elected by the Court of Directors and the remainder of the 8 members were to be appointed by the Crown. More than half the members of the Council were to be those individuals who lived in India for 10 old ages or more and had non left India for more than 10 old ages at the clip of assignment. The Numberss were to keep office during good behaviour. Each member was to acquire a wage of 12000 lbs yearly from the grosss of India. Some of the of import commissariats of this act of 1858- * The East India Company’s control came to an terminal as:
* The Board of Directors was abolished.
* The footing of Court of Proprietors came to an terminal.
* Appointment of Secretary of State
* He will be a member of British Cabinet.
* He will be pulling wages and emoluments from Indian gross. * He will be responsible straight to British parliament.
* He will hold his ain Council consisting of 15 members – 8 nominated by the Crown and 7 would be elected by the surpassing Board of Directors. * All determinations were taken by bulk ballot by the Secretary of State’s council but Secretary of State for India was given the power to overrule the determination of the Council as he felt necessary. * The Secretary of State was required to put before the parliament an history for the fiscal twelvemonth incorporating the statement of the grosss * Outgo of India and besides a statement demoing the moral and material advancement made by the Indians. * Appointment of the Governor General of India
* He was placed under the Secretary of State as the consent of Secretary of State was important/necessary for execution. * The internal place of Governor-General remained unchanged. His power of veto remained undiluted. * The Indian Council Act. 1861
It was a important constitutional development that took topographic point after the rebellion of 1857. It provided for enlargement of Executive Council and the figure of its members was raised from 4 to 5 and its terminology was changed to Imperial Legislative Council. Under the commissariats. the topographic point of its 5th member was reserved for a jurisprudence qualified individual. Apart from this. the Act authorized the Governor-General to put up a President who was to preside over the meetings of the Executive Council in his absence. The Governor-General was besides given the power to do regulations and ordinances for the behavior of the concern of the Executive Council i. e. he was accorded authorization to ordain regulations deemed fit by him. The Governor-General had the right of increasing the strength of the Council by adding non less than 6 and non more than 12 members. They were to be nominated by him for intents of statute law. One-half of the extra members were to be non-officials and were to keep office for two old ages. The map of the Council was purely limited to statute law. The Act foreboded the minutess of any other concern. The administrative sections were entrusted to different members. who were answerable to the Viceroy whose advice was sought before taking any determination on the departmental jobs. Indian Councils Act of 1861. provided that the Governments of Bombay and Madras be given power of put uping the Advocate-General and non less than 4 and non more than 8
extra members were to keep office for two old ages. Harmonizing to the Act. there was no differentiation between the Central and Provincial topics. The Cardinal Government dealt with the topics like Public Debt. Finance. Post Office. Telegraph. Religion etc. The Act provided for creative activity of new states by the Governor-General. He was besides authorized to split or change the bounds of any presidential term. state or district. Apart from this he was given the power to name Lieutenant Governors. The Act provided for issue of Regulations by the Governor and it could stay in force for a upper limit of 6 months. Although the Indian Council Act of 1861 marked an of import measure in the constitutional history of India it had no relation with the jobs of general populace. It greatly helped the Governor-General in ordaining statute law and made the Governor-General omnipotent. It brought the whole of India under his control. but the Act had to confront resistance from the Indians. Subsequently. an Amendment Bill was presented in the House of Lords. from the advice of Lord Crop. Secretary of State for India and it was passed in 1892 as the Indian Council Act.
* Rise of Nationalism & A ; the birth of Indian National Congress- 1885 The growing of patriotism and political consciousness led to the birth and growing of several political organisations emerged largely during the latter half of the nineteenth century. The objects of the Congress. as stated by its president W. C. Banarjee were: ( I ) To advance personal familiarity of and friendship amongst those people from every portion of India who were unfeignedly devoted to the public assistance of India. ( two ) To protect and heighten the feeling of integrity among all Indians without differentiation of Caste. faith and state etc. . ( three ) To roll up all those sentiments refering society which were decently deliberated on by the educated Indians. ( four ) To repair up those purposes and agencies which were to be adopted by Indian politicians for the public assistance of India.
3 ) MORLEY MINTO REFORMS. 1909
The Indian Councils Act 1892 failed to run into the legitimate demands of the Congress. The go oning economic development of the British swayers led the Indian extremists to raise their voice of protest. On the other manus the
moderate leaders emphasized the constitutional and the systematic policy to protest. This created a discontent among the centrists and the extremist leaders after the passage of the Indian Councils Act of 1892. Therefore there were several socio-economic paroxysms prior to the passages of the Indian Council Act of 1909. * MAIN PROVISIONS-
In malice it had been declared. the educated Indians were non given due portion in the Government services. This created a enormous discontent among the educated indigens. The Calcutta Corporation was wholly made the house of the Europeans by cut downing the entire Numberss of the Indian member by the ill-famed Acts of the Apostless of 1899. A similar policy was besides implemented for the Indian Universities. As a consequence the liberty of the Indian Universities was curbed. In the twelvemonth 1904. the Official Secret Act. greatly extended the range of the term sedition. But the flood tide of the development was reached when the ill-famed act of Partition of Bengal was declared in the old ages 1905. This act was considered as the onslaught in the coagulated patriotism of the British.
In the interim another of import development had taken topographic point. When the Indian National Congress was turning stronger as the advocate of the demand for national freedom. the Muslim conference was wholly distant from the nationalist currents. In such fortunes. the British authorities introduced its policy of “Divide and rule” in order to beef up its place in India. The full socio-political fortunes became opportune for presenting farther reforms of Lord Morley. He was appointed as the Secretary of State in the broad Cabinet. Both Lord Morley and Minto agreed to the facts that certain reforms were necessary for the farther political progresss. There was correspondence between the vicereine and the Secretary of State on the topic of farther reforms. The secretary of State framed his proposals and later a commission of the executive Council was formed. This Committee was entrusted with the charge to analyze the topic. The Governments of India sent a despatch in England incarnating its proposals. Later Morley sent the proposals of farther reforms to the Local authorities for the intents of public unfavorable judgments. In the visible radiations of public unfavorable judgments. the measure was drafted. After the blessing of the Cabinet. passed by the Parliament in February 1909. and go Indian Councils Act of 1909. The Indian Councils Acts of 1909. besides known as the Morley Minto reforms in the old ages of 1909. by its proviso. enlarged the size and their maps of the legislative assemblies both at the centre and States. By the Act of 1909 or the Morley Minto reforms. the maps of the legislative councils. both at the Center and the Provinces were enlarged. well. The Act had given the members right of treatment and inquiring auxiliary inquiries. The member in charge was authorized to demands clip. if he could non supply information asked for on the topographic point. The Morley Minto reforms laid down elaborate regulations on the topics of budgets in the Central Legislature. Members. though non were entitled with the powers of vote. yet they could travel declarations refering extra grants and to the Local authoritiess. any change in the revenue enhancement. boy a new loans. which might hold been proposed in the fiscal statement or the explanatory memoranda.
Rules were laid down refering treatment affairs of general public involvements. Harmonizing to the reforms adopted by Morley and Minto. members of the Legislative council could discourse this affair. travel declaration on them. ands could besides vote. However the President was empowered to forbid the whole or parts of the declaration without delegating any ground. Harmonizing to the Act. the authoritiess was non obliged to accept such declarations. even if passed. whether refering public involvement or refering fiscal system. Apart from these there were certain commissariats in the reform act of Morley Minto. under which the Members could non discourse certain topics. The foreign dealingss of the authorities of India and its relation with the Indians princes. a affair under the adjudication the tribunal of jurisprudence. outgo on railroads. involvements and debt etc could non be discussed by the members of the Legislative council. Narrow franchises. indirect elections. limited powers of the Legislative Councils etc dabbled the representative authorities established in India. The existent power was vested in the office of the Government. and the councils were left with no maps but unfavorable judgments. The system of election led by the Acts of 1909 was really indirect. The people elected the members of the local organic structures. which elected members of the electoral college. which in bend elected the members of the provincial Legislatures. The members of the provincial legislative assembly eventually elected the members of the Central Legislature. In such complicated system
of voting the people could non hold the chance for political instruction. The Reforms of 1909 given influence to the common people instead than power. It left duty of the power of the authorities to one set of people. while quickly transferred it to the other groups. The Morley Minto Reforms led to the common hostility between the Indian community and the British authorities.
4 ) MONTAGUE-CHELMSFORD’s Reforms- 1919
The Montagu-Chelmsford Reforms were introduced by the British Government in India to present autonomous establishments bit by bit to India. The reforms took their name from Edwin Samuel Montague. the Secretary of State for India during the latter parts of World War I and Lord Chelmsford. Viceroy of India between 1916 and 1921. The reforms were outlined in the Montagu-Chelmsford Report prepared in 1918 and formed the footing of the Government of India Act 1919. Indian patriots considered that the reforms did non travel far plenty.
Edwin Montague became Secretary of State for India in June 1917 after Austen Chamberlain resigned. He put before the British Cabinet a proposed statement incorporating a phrase that he intended to work towards “the gradual development of free establishments in India with a position to ultimate self-determination. ” Lord Curzon thought that this phrase gave excessively great an accent on working towards self-government and suggested an alternate phrase that the Government would work towards “increasing association of Indians in every subdivision of the disposal and the gradual development of autonomous establishments with a position to the progressive realisation of responsible authorities in India as an built-in portion of the British Empire. ” The Cabinet approved the statement with Curzon’s phrase incorporated in topographic point of Montagu’s original phrase. * The study
In late 1917. Montagu went to India to run into up with Lord Chelmsford. the Viceroy of India. to run into with leaders of Indian community such as Mohandas Karamchand Gandhi and Muhammed Ali Jinnah to discourse the debut of limited self-determination to India and protecting the rights of minority communities such as Muslims and Sikhs. The Report went before Cabinet on 24 May and 7 June 1918 and was embodied in the Government of India Act of 1919. These reforms represented the maximal grants the British were prepared to do at that clip. The franchise was extended. and increased authorization was given to cardinal and provincial legislative councils. but the vicereine remained responsible merely to London. The alterations at the provincial degree were important. as the provincial legislative councils contained a considerable bulk of elective members. In a system called “Diarchy. ” * The nation-building sections of authorities — agribusiness. instruction. public works. and the similar were placed under curates who were separately responsible to the legislative assembly. * The sections that made up the “steel frame” of British regulation — finance. gross. and place personal businesss — were retained by executive councilors who were nominated by the Governor. They were frequently. but non ever. British and who were responsible to the governor. In 1921 another alteration recommended by the study was carried out when elective local councils were set up in rural countries. and during the 1920s urban municipal corporations were made more democratic and “Indianite. * The chief commissariats were the followers:
1. The secretary of province would command personal businesss associating to Government of India 2. The Cardinal Legislature would consist two chambers- The Council of State and the Indian Legislative Assembly 3. The Cardinal Legislature was empowered to ordain Torahs on any affair for whole of India. 4. The Governor General was given powers to cite. prorogue. fade out the Chambers. and to proclaim Regulations. 5. The figure of Indians in Viceroy’s Executive Council would be three out of eight members 6. Constitution of unicameral Provincial Legislative councils. 7. Diarchy in the Provinces-
* Reserved topics like Finance. Law and Order. etc.
* Transferred topics like Public Health. Education. agribusiness. etc. 8. There would henceforth be direct election and an extension of Communal franchise. ” At the grass roots level. many immature Indians wanted faster advancement towards Indian independency and were disappointed by deficiency of
promotion as Britishers returned to their former places in the disposal. At the Indian National Congress one-year session in September 1920. delegates supported Gandhi’s proposal of swaraj or ego regulation — sooner within the British imperium or outside it if necessary. The proposal was to be implemented through a policy of non-cooperation with British regulation significance that Congress did non stand campaigners in the first elections held under the Montagu-Chelmsford reforms in 1921. * Defects of the Act of 1919.
Thought the Act gave a significant steps to the powers to the states. yet the construction of the Cardinal authorities remains Unitary & A ; centralized. with the Governor General in council as the key-stone of the whole constitutional building and it was through the Governor-general- in – council the Secretary of the State and finally the parliament discharged their duty for the peace. order and good “Government of India” * SIMON COMISSION- 1927
The Montagu-Chelmsford study stated that there should be a reappraisal after 10 old ages. Sir John Simon headed the commission ( Simon Commission ) responsible for the reappraisal which recommended further constitutional alteration. Three roundtable conferences were held in London in 1930. 1931 and 1932 with representation of the major involvements. Gandhi attended the 1931 round table after dialogues with the British Government. The major dissension between Congress and the British was separate electorates for each community which Congress opposed but which were retained in Ramsay MacDonald’s Communal Award. A new Government of India Act 1935 was passed go oning the move towards self-determination foremost made in the Montagu-Chelmsford Report.
5 ) GOVERNMENT OF INDIA ACT. 1935
After the Act of 1919. the authorities of India Act. 1935 was the 2nd of import milepost on the route to a to the full responsible Government of India. It played a really critical function in determining and modeling the new fundamental law of India of 1950. The Act of 1935 is said to be the merchandise of four diverse forces. viz. Indian Nationalism. British Imperialism. Indian communalism and Indian Princes. The Act kept the domination of the British parliament.
Though the passage of the Act disappointed ambitious Indian leaders and was forced upon the Indians by the British Parliament. It was decidedly advancement towards the constitutional development of India. After the 3rd Round tabular array conference was unsuccessful. the British Government established a Joint Select Committee with the undertaking of explicating new Act for India. The commission consisted of 16 members from the House of Commons and House of Lords. Twenty representatives for British India and seven members from the little princely provinces of India. The president of the commission was Lord Linlithgow. The commission worked for after a twelvemonth and a half and eventually came out with a Draft measure on February 5. 1935. The Bill was discussed for a period of 40 three yearss in the House of Commons and for 13 yearss in the House of Lords. The Bill was eventually signed by King of England in July 1935 and was enacted as Government of India Act 1935. * Important characteristics:
* An All-India federation ;
* Responsible Government with precautions ;
* Separate representation of communal and other groups ; and * It had 321 subdivisions with 10 agendas.
Aimed at the federal construction the Governor General was to hold a Council of Ministers. non transcending 10 figure “to aid” and “advise him” in the exercising of his map in his discretion or in his single judgement. * Diarchy was rejected by the Simon Commission. was provided for the Federal Executive. * The Administration of Defence. External Affairs. Ecclesiastical personal businesss and Tribal countries. was to be made by Governor General in the discretion with the aid of maximal three councilors appointed by him. who were non responsible to the legislative assembly. * With respect to the affairs other than ‘reserved subject’ the Governor General was to Act on the advice of a Council Ministers. who was responsible to legislature. * As respects the particular duties and the Governor General was act under the control and waies of the Secretary of State. * Federal list: Federal Subject was divided into two classs. the reserved and transferred. * Advice of Council of Minister. who was responsible to legislature. * As respects the particular duties and Governor General was to move under the control and waies of the Secretary of
State. * Federal Structure: The Council of State was to be a lasting organic structure with one –third of its rank being vacated and renewed triennially. The Federal Assembly whose continuance was fixed for five twelvemonth.
* Features of federal Legislature:
* Ironically. in the Upper House the election was to be direct while in lower and theoretically more popular House was indirect. * The Princes were to put up 1/3rd of the representatives in the Lower House and 2/5th in the Upper house. * There was a proviso of dyarchy at the Center. As respects the capable affair of Federal and Provincial Torahs. * There were three lists:
* Federal legislative lists ; consisted of 59 points like External Affairs. Defence. Currency. and Coinage. Naval. Census. Ecclesiastic Affairs. etc. * Provincial legislative list ; consisted of 54 points of local involvement like. Education. Public Services. Police etc. and Concurrent legislative list ; consisted of 26 topics like Criminal jurisprudence. Condemnable process. Civil Procedure. Marriage and Divorce. Arbitration. etc. * Residuary legislative powers were vested in the Governor-General to make up one’s mind in his exclusive discretion as to under which list a peculiar topic fell. * Federal lists ; Federal Subjects were divided into two classs. the reserved and Transferred. * The reserved topic like Defence. External Affairs. Ecclesiastical Affairs. and Tribal countries. was to be made by the Governor-General in his discretion with the aid of the Councilors appointed by him who were non responsible to the legislative assembly. * The transferred topics were to be administered by the Governor-General who was to move on the advice of the council of curates that were responsible to the legislative assembly. * Federal tribunal: the Act established a federal tribunal with a main justness and non more than six Judgess. The retiring age of these Judgess was 65 old ages. The Judgess were appointed by the Crown. * Provincial Government: the provincial executive was to dwell of Governor and a Council of Ministers to advice him. In all provincial legislative assemblies all members were straight elected by the people. In six states ( Madras. Bombay. Bihar. Assam. the United Provinces and Bengal ) there was a bicameral legislative assembly.
* MAIN PROVISIONS:
I. Option for the States to fall in: The Act provided for the formation of an all India federation. All the states were to fall in the federation automatically but a peculiar job arose in the instance of Native Indian States. two. Division of Power: The Act provided for the division of power between the centre and the units fewer than three lists. viz. . Federal list. provincial list and the Concurrent list. three. Diarchy at the centre: It established dyarchy at the centre and the dyarchy which was established in states. under the Act of 1919. was abolished. four. Bicameral Federal Legislature: The Federal Legislature was to be Bicameral. dwelling of Federal Assembly and the council of States. Life of the Federal Assembly was fixed for five old ages. v. Legislature power restricted: The powers of the Indian Legislature were independently restricted there were certain topics on which neither the federal nor the provincial Legislature were authorized to pass. e. g. impacting the Sovereign or the Royal household etc. six. Autonomy in name merely: Another most of import proviso of the of the Act of 1935 was associating to the constitution of liberty in the states. This was in conformity with the August declaration of 1917. The old dyarchial system in the states was dropped and the differentiation between the Transferred and the reserved topics was abolished. seven. Indian council of secretary of province: The Act established a Federal tribunal with original and appellant legal power to make up one’s mind between the federalizing units. between the Federal Government and a unit or units and with respects to reading of the fundamental law eight. Governor-General all-in-all: The Governor-General had huge administrative. legislative. and fiscal powers under the Act of 1935. He was non simply a constitutional caput even in respect to the disposal of the Transferred topic.
* Salient characteristics of the Government of India Act. 1935 are:
* Without the acquiescence of the Governor-General. no finance measure could be placed in cardinal legislative assembly. * The secretary of the State was hindered from interfering in affairs that the Governor dealt with. with the aid of
Indian curates. * The states were given autonomy with regard to subject delegated to them. * Diarchy. which had been established in the states by the Act of 1919. was to be established at the centre ; nevertheless it came to an terminal in the states. * Two new states Sindh and Orrisa were created.
* Burma and Aden were separated from India.
* The Federal tribunal was established in the Center.
* The Reserve bank of India was established.
* 2/3rd of the Constitution of India is based upon the Government of India Act. 1935 * When the Indian Independence Act. 1947 came into being it is provided into it that. “till the new Constitution semen into being. whole disposal of both the rules of India And Pakistan shall be governed on the footing of Government of India Act. 1935.
Sr. No. | Dates| Events|
1. | 24th March 1946| Cabinet mission arrived in India|
2. | 16th May 1946| Cabinet mission itself suggested certain solutions to the political parties| 3. | June 1946| Actual elections for the component assembly took place| 4. | 16th May 1946| Muslim League performed the “Direct Action Day”| 5. | 2nd September1946| Indian national Congress formed the interim authorities on the invitation of the Godhead Wavell| 6. | 13th October 1946| Muslim League besides participated in the interimGovernment. | 7. | 9th December 1946| Both the parties had joint the sitting to organize the Constituent Assembly| 8. | 11th December 1946| The Constituent Assembly elected Dr. Rajendra Prasad as its Chairman| 9. | 20th February 1947| Claimant Atlee’s Statement sing the Quit India by British Government before June 1948. | 10| 3rd June 1947| Lord Mountbatten’s program sing the Partition Of India| 11. | 18th July 1947| British Parliament passed the Indian Independence Bill| 12. | 15th August 1947| India got the Independence from the British Empire| 13. | 29th August 1947| Constituent Assembly appointed Drafting commission by Chairmanship of Dr. Ambedkar| 14. | 4th November 1947|
Drafting Committee submitted its bill of exchange to the Constituent Assembly to debate on it. | 15. | 26th November 1949| Chairman of the Constituent Assembly Dr. Rajendra Prasad signed the Draft | 16. | 24th January 1950| All the members of the component assembly appended their signatures on the constitution| 17. | 26th January 1950| The Fundamental law of India came in to coerce. |
6 ) Constitutional history since 1946 to 1950
* THE CABINET MISSION – 1946.
Though it seems to be a little span of 4 old ages. there were n figure of cases. events and activities took topographic point in these 4 old ages. which finally helped a batch for the farther development of Indian Constitution. In which the most distinguish twelvemonth was 1946. On 24th of March 1949. the Cabinet Mission was arrived in India. sent by the parliamentof England. That Cabinet Mission was consisted with 3 members. namely- * Pathick Lawrence.
* Stafford Cripps.
* Mr. Alexander.
After the reaching OF THE Cabinet Mission. it had a drawn-out treatment with the 2 major political parties of the India. ace. . Indian National Congress. and Muslim League. Unfortunately both the parties could non get on common apprehension and common understanding. so finally on 16th of May. 1946 the cabinet Mission itself suggested certain sort of solutions to them. such as follows- * Rejection of the Muslim League’s demand for the fully fledged Pakistan- This was the first solution from the Cabinet Mission to the political parties. Cabinet mission besides stated that in this altering scenario. the demand of Pakistan would take the gross devastation to the proposed democratic system. which will be traveling to be adopted by the India. * Formation of the groups of the States-
Though on the one manus Cabinet mission denied the demand of Pakistan. but on the other manus is had besides favored to the groups of the present Indian provinces. Wiz.
Group A- Provinces of Bombay. Madras. Bihar. Orissa
Group B- Punjab and North-West frontier states
Group C- Bengal and Assam
Because of this. the whole united India was divided into assorted sections. Though it was earlier pretended that. it will assist to the disposal. but finally this thought was proved to be obscure. Because. these groups of the provinces provided the “substances of Pakistan” to the Muslim League. * Paramouncy of the British Crown shall be come to an end- This was the landmark proviso put forwarded by the Cabinet Mission. And due to this it was confirmed that British authorities would no more to be able to govern India. Ultimately it was the mark of morning of the independency of India. * Need of the constitutional Assembly-
This was besides an huge of import recommendation from the Cabinet Mission. This was the first clip. any British Cabinet Mission was proposing to hold a Constituent assemblyfor India. Because of this critical suggestion. the Constituent Assembly came into being in farther twelvemonth. and existent work of the devising of the Constitution of India was besides been started in India. * Formation of Interim Government –
This was besides been proved to be the really critical suggestion. Interim authorities of India would be the mark of Independence of India. Because of this solution. in farther span of clip. existent elections were took topographic point to organize the interim authorities in India. And this gave the existent assurance to the political leaders of that clip. that they can run this state ; they can implement democracy. Anyhow. because of these solutions of Cabinet Mission. eventually in June 1946. the existent elections were took topographic point to organize an interim authorities for India. In which * Indian National Congress got 205 seats.
* Sikh community got 4 seats.
* Muslim Leaguegot 73 seats.
As the entire strength of the Assembly were 389 members. Anyhow. those 4 Sikh communities further merged into the Indian national Congress. and therefore the Indian National Congress got the clear bulk of the 209 seats. Because of this Muslim League got defeated and afterwords on 16th August 1946 it
performed the “Direct Action Day” . On this twenty-four hours Muslim League performed so many violent activities throughout the state. and it besides really sharply set forwarded its demand of separate Pakistan. Muslim League besides wholly withdrew its credence to the Cabinet Mission. Anyhow the Indian national Congress got full bulk in the Assembly. so on 2nd of September 1946 Viceroy Lord Wavell invited Pandit Jawaharlal Nehru for the formation of interim authorities. And on this twenty-four hours interim authorities of India came into being. Initially Muslim League kept itself off from this interim authorities. but subsequently on 13th of October 1946 Muslim League besides participated into the interim authorities. Then on 9th December 1946. both the two Indian Political Parties. i. e. Indian national Congress and The Muslim League had the joint posing to organize a Constituent Assembly. And so farther on 11th December 1046 the Constituent Assembly of India elected Dr. Rajendra Prasad as its Chairman. Soon after that the work of the Constituent Assembly began. * SESSIONS OF THE CONSTITUENT ASSEMBLY
Like this there was 22 different commissions were established. in order to make the systematic agreement of the Constitution of India. In these 22 commissions. 10 commissions were appointed for the Procedural affairs. and rest 12 commissions were appointed for the Significant affairs. Those 22 commissions gave their several studies. their suggestions. their solutions. their sentiments to the component Assembly. * COMPOSITION of Constituent Assembly-
Members were chosen by indirect election by the members of the Provincial Legislative Assemblies. harmonizing to the strategy recommended by the Cabinet Mission. The agreement was:
( I ) 292 members were elected through the Provincial Legislative Assemblies. ( two ) 93 members represented the Indian Princely States ; and ( three ) 4 members represented the Chief Commissioners’ Provinces. The entire rank of the Assembly therefore was to be 389. However. as a consequence of the divider under the Mountbatten Plan of 3 June. 1947. a separate Constituent Assembly was set up for Pakistan and representatives of some States ceased to be members of the Assembly. As a consequence. the rank of the Assembly was reduced to 299. On 13 December. 1946. Pandit Jawaharlal Nehru moved the Objectives Resolution Main commissariats were as follows-
1 ) This Constituent Assembly declares its house and solemn resoluteness to proclaim India as an Independent Sovereign Republic and to pull up for her hereafter administration a Fundamental law ;
2 ) WHEREIN the districts that now comprise British India. the districts that now form the Indian States. and such other parts of India as are outside British India and the States every bit good as such other districts as are willing to be constituted into the Independent Sovereign India. shall be a Union of them all ; and
3 ) WHEREIN the said districts. whether with their present boundaries or
with such others as may be determined by the Constituent Assembly and thenceforth harmonizing to the jurisprudence of the Constitution. shall possess and retain the position of independent Unit of measurements. together with residuary powers and exert all powers and maps of authorities and disposal. salvage and except such powers and maps as are vested in or assigned to the Union. or as are built-in or implied in the Union or ensuing at that place from ; and
4 ) WHEREIN all power and authorization of the Sovereign Independent India. its component parts and variety meats of authorities. are derived from the people ; and
5 ) WHEREIN shall be guaranteed and secured to all the people of India justness. societal economic and political: equality of position. of chance. and before the jurisprudence ; freedom of idea. look. belief. religion. worship. career. association and action. topic to jurisprudence and public morality ; and
6 ) WHEREIN equal precautions shall be provided for minorities. backward and tribal countries. and down and other backward categories ; and
7 ) WHEREBY shall be maintained the unity of the district of the Republic and its crowned head rights on land. sea. and air harmonizing to justness and the jurisprudence of civilised states ; and
8 ) This ancient land attains its rightful and honored placed in the universe and do its full and willing part to the publicity of universe peace and the public assistance of world.
This Resolution was nem con adopted by the Constituent Assembly on 22 January 1947. Late in the eventide of 14 August. 1947 the Assembly met in the Constitution Hall and at the shot of midnight. took over as the Legislative Assembly of an Independent India. And so farther on 29th August 1947 the Constituent Assembly appointed the DRAFTING COMMITTEE under the chairmanship of Dr. B. R. Ambedkar. That outlining commission played the cardinal function to make the fundamental law of India. The Drafting Committee was consisted with the following members: – * Gopalswammy Iyyengar.
* Alladi Krishnaswammy Iyyer
* K. M. Munshi
* Mohammed Sadullah
* B. L. Mittar replaced by N. Madhav Rao
* D. P. Khaitan was replaced by T. T. Krishnammachari.
This Drafting commission referred assorted fundamental laws of the universe ; they besides borrowed assorted utile things to the fundamental law of India. And depending on that analysis the Drafting Committee submitted its concluding bill of exchange to the component Assembly on 4th November 1947. Then a long argument took topographic point for 2 old ages on the concluding bill of exchange of the fundamental law. All the members of the fundamental law assembly suggested their sentiments and the recommendations and the solutions on it. There were 7635Amendments were suggested which were really tabled. out of which 2473 Amendments were really took topographic point in that bill of exchange. Then on 26th November 1949. Dr. Rajendra Prasad signed on the bill of exchange of the fundamental law as the president of the Constituent Assembly. Of class it was non the easy undertaking. to make such a huge papers like fundamental law of India. neither it came into being in a twenty-four hours or two. The Constituent Assembly took about three old ages ( two old ages. 11 months and 17 yearss to be precise ) to finish its historic undertaking of outlining the Fundamental law for Independent India. During this period. it held 11 Sessionss covering a sum of 165 yearss. Of these. 114 yearss were spent on the consideration of the Draft Constitution The Constitution of India was adopted on 26 November. 1949 and the hon’ble members appended their signatures to it on 24 January. 1950. In all. 284 members really signed the Constitution. On that twenty-four hours when the Constitution was being signed. it was mizzling outside and it was interpreted as a mark of a good portents. The Fundamental law of India came into force on 2 6 January. 1950. On that twenty-four hours. the Assembly ceased to be. transforming itself into the Provisional Parliament of India until a new Parliament was constituted in1952. The day of the month of the 26th January was selected in the memory of “1930’sPurn Swarajya Movement. ” On 31st December 1929. the Indian National Congress had the Session in the Lahore. At the at topographic point near the Ravi river. the President of the Indian national Congress. Jawaharlal Nehru hoisted the Flag. and on 26th January 1930. the Purn-Swarajya Declaration was passed by the Indian National Congress. So the 26th January was the day of the month which was selected as
the republic twenty-four hours. It is the World’s largest and lengthiest written fundamental law which is supports on functioning this World’s largest democracy since 63 old ages.
* Books referred-
* Constitutional Law of India. H. M. Seervai. VOL. NO. 1-3. * Outlines Of Indian legal history – M. P. Jain
* Landmarks of Indian legal and constitutional history- V. D. Kulshekhara * The Constitutional Law of India- J. N. Pandey
* UPSC- General Studies Manual- Tata MC-Graw Hills
* World Wide Web. wikipaedia. org
* World Wide Web. lawyersclubindia. com
* World Wide Web. indiakanoon. org
* World Wide Web. parliamentofindia. nic. in
[ 1 ] . M. V. Paylee – Constitutional History of India. p. 1
[ 2 ] . G. N. Singh- Landmark in Indian Constitutional history and National Development p. 73 [ 3 ] . Report of the Joint Parliamentary commission. Vol. 1. pp 232-238. [ 4 ] . An article on World Wide Web. parliamentofindia. nic. in
[ 5 ] . Landmarks of Indian legal and constitutional history- V. D. Kulshekhara [ 6 ] . Outlines Of Indian legal history – M. P. Jain