Indian Constitution: History and Evolution
Posted on : 21-11-2018 Posted by : Admin

Introduction

Constitution is a set of basic, essential and important rules useful for governing the politics of a nation. Constitution lays down the structure and framework for principal organs of government. It also specifies the functions and its communication with the citizens.

Most of the democratic countries including India have a written constitution. But a few countries like Israel, New Zealand and The United Kingdom do not have a written constitution.

Indian constitution is the product of various discussions of a body of eminent people who pursued to improve the existing conditions prevailing in India and other countries. The evolution of Indian constitution started during the British rule in India.

Framing of Indian Constitution

The very idea to have our own Constitution was given by MN Roy. MN Roy was a great political philosopher. Then a Constituent assembly of India was set-up in December, 1946. Constituent assembly was set up in accordance with Cabinet Mission Plan under the chairmanship of Sachidanand Sinha.

Chairman of the Drafting Committee was Dr. B R Ambedkar. Dr. B R Ambedkar is also called as the Father of Indian Constitution. Soon after the constitution of the Constituent assembly, Sachidanand Sinha expired and then Dr. Rajendra Prasad was elected as the president of the Constituent assembly. B N Rao was appointed as the constitutional advisor. The total membership of Constituent Assembly was 389 members where 93 members were representatives from the Indian princely states and from British India.

Members of Constituent assembly

Chairman- Dr. B R Ambedkar

President- Dr. Rajendra Prasad

Advisor- B N Rao

Total number of members- 389

Representatives from Princely states- 93

Enactment of Indian constitution

The Constitution was adopted on 26th November, 1949.
Then it originally contained Articles and 8 Schedules. Currently, it has 444 Articles and Schedules.
The Constituent Assembly took 2 years 11 months 18 days to complete the Constitution.
Constitution came into force on 26th January 1950 known Republic Day of India.
The Constitution was delayed till 6th January because in 1929, on this day Indian National demanded Poorna Swaraj in Lahore Session under Jawaharlal Nehru.
The Constituent Assembly adopted our National Flag on 22nd July, 1947. It was designed by Pingali Venkaih.

Evolution of Indian Constitution

The British period in India began with the incorporation of English East India Company in 1600 in England and it lasted till 1947 when India attained independence on August 15. The evolution of Indian constitution is closely related with the British rule in India. We may broadly divide the British period in India into following phases:

1600-1765: Advent of British in India
1765-1858: The Company’s rule in India
1858-1947: Rule of British Crown in India

Let us explore each of these phases in detail…,

1600-1765: Advent of British in India

Britishers came to India as traders; they formed English East India Company by securing a Charter from Queen Elizabeth I in 1600. The Charter authorized the company to organize and send trading expeditions to East Indies. This charter was initially granted for 15 years and later for 20 years. This charter could be terminated on two years notice. The charter must actually be renewed periodically, provided it did not adversely affect the interest of the crown and English people.

Later English East India Company established factories at various centers namely Surat, Masulipatnam, Hariharpur which later developed into chief settlements like Madras, Bombay and Calcutta. Each of these presidencies was to be controlled by President and a council.

Till second half of 18th century company remained primarily a trading concern. But after disintegration of Mughal Empire, the company took advantage of the chaotic conditions and then established itself. The victory of the company in Battle of Plassey, 1757 and again in Battle of Buxar, 1764 established the British firmly.

1765-1858: The Company’s rule in India

The grant of Diwani (power of collection of revenue and civil justice) by Shah Alam II to the Company in return for 26 lakh rupees annually and the grant of Nizamat (power of administration, military power and criminal justice) by Shuja-ud-Daula, Nawab of Bengal in return for 53 lakh rupees annually has made the East India Company the real power in Bengal, Bihar and Orissa. This was the beginning of the territorial sovereignty of British.

During the period between 1765 and 1858 the government of England managed the affairs of the Company administration whereas the company ruled over it territorial possessions and people living therein.

Laws enacted by British Government from 1765-1858: The following are the laws enacted by British government from 1765 to 1858,

The Regulating Act 1773

It was the first step by the British government to control and regulate the affairs of the East India Company.
This act laid the foundation for the central administration in India.
According to this act the Governor of Bengal was hence forth designated as the Governor General of Fort William. It also created an executive council of 4 members under him. Each of these members would hold the office for five years.
The Governors of Madras and Bombay were made subordinates under Governor General of Fort William.
The term of office of the members of the Court of Directors was extended from one year to four years. One-fourth of them were to retire every year and the retiring Directors were not eligible for re-election.
Provision was made in the Act for the establishment of a Supreme Court at Calcutta consisting of a Chief Justice and three junior judges. It was to be independent of the Governor-General in Council. In 1774, the Supreme Court was established by a Royal Charter.
This Act prevented the servants of the Company including the Governor-General, members of his council and the judges of the Supreme Court from receiving directly or indirectly any gifts in kind or cash.

The Pitts India Act, 1784

This act is also called as the East India Company act or the Half-loaf act.
It was passed under the motion of Prime Minister Younger Pitt and hence the name
The entire commercial and the political activities of the company were separated through this act.
For the supervision of civil, military and revenue matters a board of six members was appointed in England.
This act gave British government a meause to control the activities of the company.
This act established Dual government system in India.

The Regulating Act of 1786

This act was also brought by younger Pitt.
This act gave powers to Lord Cornwallis as the governor general of Bengal and commander in chief.
This act also gave powers to override his council in extraordinary cases but on his own responsibility.

The Charter Act of 1813

The company was deprived of the monopoly of trade except trade with China and trade in tea.
This act made it compulsory for the company to spend one lakh rupees in India on education.

The Charter Act of 1833

The Charter Act of 1833 was a significant constitutional instrument defining the scope and authority of the East India Company. The liberal and utilitarian philosophy of Bentham was made popular by the provisions of this Act. Following were the important provisions:
The English East India Company ceased to be a commercial agency in India. In other words, it would function hereafter as the political agent for the Crown.
The Governor-General of Fort William was hereafter called ‘the Governor- General of India’. Thus, Bentinck was the first Governor-General of India’.
A Law Member was appointed to the Governor-General’s Council. T. B. Macaulay was the first Law Member of the Governor-General-in-Council.
The Act categorically stated “that no native of India, nor any natural born subject of His Majesty, should be disabled from holding any place, office, or employment, by reason of his religion, place of birth, descent or colour”. It was this enactment which laid the foundation for the Indianization of public services.

The Charter Act of 1853

After twenty years, the Charter Act of 1853 was passed and it was the last in the series of Charter Acts.
The total strength of the court of directors was reduced from 24 to 18. Out of these six must be appointed by the crown.
The power of the directors was curbed.
Territories and revenues of India were to be granted to the company for 20 years.
Legislative council was formed to include 12 members.
A separate Governor of Bengal was now appointed for Bengal Presidency.

Government of India Act, 1858

Complete power was transferred from company to British crown.
Board of control was abolished and its place was taken by Indian council.
Governor General of India was made viceroy of India.
All the treaties and obligations of the company were made binding to the British government.

Administrative legacy of the Company from 1765-1858: During the period between 1765 and 1857, the company began ruling along its trading activities. During this period the company enjoyed Diwani and Nizamat rights. This made the company become a political and territorial power in India. By the time the Crown took over India’s administration from the company, the Britishers have a well-founded civil, military and judicial base.

1858-1947: Rule of British Crown in India

The British territories acquired by the Company in India came under the direct rule of British Crown in 1858, which rule remained on India till August 1947. Most of our constitutional developments, leading to the making of our present constitution, owe their existence to this period.

Laws enacted by British Government from 1858-1947: The following are the laws enacted by British government from 1858 to 1947,

Indian councils Act 1861

A jurist was added as he fifth member to the executive council of Governor General
Seeds for parliamentary system were sown in India
Introduced representation of Indian institutes in law making process
Provided for inclusion of some Indians as new officials in Governor General executive council
In 1862, Lord Caning the then viceroy included Raja of Benaras, Maharaja of Patiala and Sir Dinkar Rao in his council.
This act reintroduced powers to Bombay and Madras Precedencies by decentralization of legislative powers
Portfolio system was introduced by Lord Caning. According to this India was ruled by entire body of executive council and all the official papers were to be brought to the notice of members of the council.
By the provisions of this act, Lord Caning divided government between members of the council.
This laid the foundation for the cabinet and council of minister system in government of India, which continues even today.

Indian Councils Act 1892

This act introduced the principle of elections but in indirect manner
Enlarged the power of legislative council to discuss budget and address the questions of executive
Voting power was not given to Indians

Indian Councils Act 1909

This act is also known as the Minto-Morley reforms
The then secretary of the state, Lord Morley and the then Viceroy of the state Lord Minto worked out for certain constitutional reforms in India during 1906 to 1908
It is the shortest lived of all Britain constitutional experiments in India. It duration was about 10 years.
This act changed the name central legislative council to imperial legislative council
Number of members of the legislative council was increased from 16 to 60
The power of legislative council increased
The government consulted moderators like Gopal Krishna Gokhale before introducing these reforms. Therefore, All India Congress expressed its satisfaction over them in 908
Policy of association and the policy of benevolent despotism was pursued by English in India through this act
With this act India experienced Parliamentary system of Government
This system did not introduce territorial representative system; rather it introduced communal representative system. Muslim members were elected only by Muslim voters. This this act legalized communal electorate.

Government of India Act 1919

Based on Montague-Chlemsford reforms this act introduced diarchy in provinces and it was a substantial step for the transfer of powers to Indians. Montague was the Secretary and Chlemsford was the viceroy of the state of India.
Central subjects were separated from the provincial subjects.
This act also introduced bicameralism and direct elections in India. It must be noted here that these elections were communal in nature.
This act required that 3 of the 6 members of the executive council of Governor General to be Indians.

Government of Indian Act 1935

This act established all India federation with provinces and princely states as its units
This act divided the powers between the center and this units in terms of three lists namely,

Federal list
Provincial list
Concurrent list

Residuary powers were vested with the Governor General
This act abolished diarchy and introduced provincial autonomy
It provided for diarchy at the center and bicameralism in 6 of the 11 provinces

Indian Independence Act 1947

This act ended the British rule in India.
The partition of India and Pakistan with right to secede from British Commonwealth.
This act abolished office of Viceroy and provided for the appointment of Governor General by British King on the advice of dominion (India or Pakistan) cabinet.
It empowered the constituent assemblies to frame and adopt any constitution.
It empowered the constituent assemblies to legislate their own territories till new constitutions were drafted and enforced.
This act dropped the title Emperor of India from the royal titles of King of England
Lord Mountbatten became first Governor General of Independent India
He swore Jawaharlal Nehru as the first Prime minister of India. The constituent assembly formed in 1946 became the parliament of India.

Administrative legacy of the Company from 1858-1947: The British government’s rule has left a legacy that still affects Indian society even today. Some of them are good and some of them are bad. Though we cannot imagine India without colonial rule, but it is very much true that India would have been entirely different.

The present administrative system is the legacy of British rule. For example Central secretariat Civil services, the parliamentary system, Military organization, education system, Legal and judicial system are all inherited from the British time.

The Indian constitution that emerged out in 1950 has an uncanny resemblance to the Government of India Act, 1935. Same principles and same essence can be found in both Act of 1935 and Constitution if India. Even we can find some phraseological resemblances between Act of 1935 and Constitution if India.

Indian Constitution: History and Evolution Posted on : 21-11-2018 Posted by : Admin