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Evolvement of Indian Constitution - Historical Events
Introduction :
↳ In 1934, the first time M. N Roy suggested forming a Constituent Assembly.
↳ B.C Rawat defined the evolution of the Indian Constitution into 6 stages.
THE COMPANY RULE (1773 - 1858) :
↳ The British came to India in 1600 as traders.
↳ Queen Elizabeth I granted the exclusive right to trade in India.
↳ The British Government appointed the General Burghic Committee to expose the corruption of the East India Company.
Regulating Act of 1773 :
↳ The Act was framed on the recommendation of the General Burghic Committee.
↳ The Act was introduced by Lord North (PM of Great Britain).
↳ The British Government took the first step to regulate the affairs of the East India Company (EIC) in India.
↳ It identifies the political and administrative functions of the company.
↳ It laid the foundations of central administration in India.
↳ It designated the Governor of Bengal as the "Governor-General of Bengal".
• He is assisted by four members of the Executive Council.
• The Governors of Bombay and Madras Presidencies were subordinate to him.
• The first such Governor-General was Lord Warren Hastings.
↳ It established the Supreme Court in Calcutta in 1774.
↳ It prohibits private trade and accepting bribes.
Regulating Act of 1781 :
↳ It is known as the Act of Settlement.
↳ For the first time, the concept of "British Territories - British Dominion" was introduced.
Pitt's India Act of 1784 :
↳ It was introduced by William Pitt (Great Britain PM).
↳ It Established a double government.
↳ It separated the commercial and political functions of the company.
• Court of Directors - Manages commercial affairs.
• Board of Control - Manages political affairs - supervises civil and military operations & Revenues of British possessions.
↳ The Company's territories were known as "British Possessions in India".
↳ The British Government was given supreme control over the Company's affairs in India.
↳ First step towards non-parliamentary control.
Charter Act of 1833 :
↳ Steps towards centralization in British India.
↳ It designates the Governor General of Bengal as the "Governor General of India".
• Lord William Bentick was the first Governor General of India.
↳ With this Act, the Governors of Bombay and Madras lost their legislative powers.
↳ The Act ended the activities of the EIC as a commercial body and converted it into a purely administrative body.
↳ It tried to introduce a system of open competition for the selection of civil servants.
↳ For the first time a Law Commission was appointed and the head of the Commission was "Lord Macaulay".
Charter Act of 1853 :
↳ The legislative and executive functions of the Governor-General's Council have been fractionated by this Act.
• It Provided 6 legislative councilors to the council.
• Local representation was introduced for the first time in the Indian (Central) Legislative Council.
• For the first time, four members were appointed from the local (provincial) governments of Madras, Bombay, Bengal, and Agra.
↳ An Indian (Central) Legislative Council called Mini-Parliament was established.
↳ It Introduced an open competition for the selection and recruitment of civil servants.
• The Macaulay Committee (1854) was appointed with regard to the Indian Civil Service.
THE CROWN RULE (1858–1947) :
↳ It is also known as British Raj's Direct Rule in India.
↳ The British Parliament ended the operations of the East India Company (EIC).
↳ The powers, territories, and revenues of the Government of India were transferred to the British Crown.
Government of India Act of 1858 :
↳ This act was enacted in the wake of the 1857 rebellion.
↳ Now onwards India is governed by the name of the British Queen.
↳ It is known as the Act for the Good Government of India.
↳ It designated the Governor-General of India as the "Viceroy of India".
• The Viceroy is the direct representative of the British Crown.
• Lord Canning was the first Viceroy of India.
↳ It Ended the system of double government.
↳ Created a new office called Secretary of State for India.
• It contains a member of the British cabinet.
• A 15-member Council of India was formed to assist him.
Indian Councils Act of 1861 :
↳ The Viceroy was to nominate some Indians as non-official members of his Council.
• Lord Canning nominated 3 Indians to his legislative council.
(1) Raja of Benaras - Dev Narayan Singh
(2) Maharaja of Patiala - Maharaja Narinder Singh
(3) Sir Dinkar Rao
↳ This act started the process of decentralization.
↳ Legislative powers were restored to the Bombay and Madras Presidencies.
↳ Created new Legislative Councils for Bengal, North-Western Frontier Province (NWFP) and Punjab.
↳ Lord Canning introduced the "portfolio (allocation of ministries)" system.
↳ In 1862, High Courts were established in Bombay, Madras, and Calcutta under the Indian High Courts Act, of 1861.
↳ In 1866 the High Court was established at Allahabad.
↳ It empowered the Viceroy to issue ordinances in case of emergency, the lifespan of the such ordinance being 6 months.
↳ Based on the law commission's recommendations
• Code of Civil Procedure, 1859 was enacted.
• It was Amended in 1860, 1861, 1878, 1879, 1882, and 1908.
• After independence, major amendments were made in 1976 and 2002.
• In 1860, the Indian Penal Code came into force.
• The Criminal Procedure Code (CrPC) of 1861 came into force.
• It was Amended in 1872, 1882, and 1898.
• This continued until the present code came into force in 1973.
Indian Councils Act of 1892 :
↳ Increased the number of additional (non-official) members in the Central and provincial legislative councils.
• Central Legislative Council - not less than 10 & not more than 16.
• Provincial legislative council - not less than 8 & not more than 20.
↳ Increased the functions of legislative councils.
• Power to discuss the budget.
• Power to Legislative council to Address questions to the executive.
↳ Nomination of certain non-official members to the Central Legislative Council by the Viceroy.
• On the recommendation of the Provincial Legislative Councils.
• On the recommendation of the Bengal Chamber of Commerce.
↳ Nomination of certain non-official members to Provincial Legislative Councils by the Governor.
• On the recommendation of the mentioned below
• District Boards.
• Municipalities.
• Universities
• Trade associations.
• Zamindars and Chambers.
↳ The Viceroy nominated 6 Indians to the Governor's Council.
Dadabhai Naoroji (First Elected - British Indian MP)
Surendranath Banerjee
Pherozeshah Mehta
Gopal Krishna Gokhale
Bilgrami
Rash Behari Ghosh
↳ The Act contains an indirect provision to use elections to fill certain non-official positions.
Indian Councils Act of 1909 :
↳ This act is known as Morley-Minto Reforms.
• Lord Morley - Secretary of State for India.
• Lord Minto - Viceroy of India.
↳ The Central Legislative Council was raised from 16 to 60.
↳ The number of members of the Provincial Legislative Councils of Madras, Bengal, Bihar, Orissa, and the United Provinces increased to 50.
↳ The number of members of the Provincial Legislative Council of Punjab, Assam and Burma increased to 30.
↳ 4 types of members of the Governor General Legislative Council.
• Nominated Executive Members
• Nominated Non-Executive Members
• Members by Rank
• Elected Members
↳ It enhanced some other functions of the Legislative Council.
• Members are allowed to ask supplementary questions.
• Power to move a resolution on the budget.
↳ It provided for the association of Indians with the Executive Council for the first time.
• Satyendra Prasad Sinha was the first Indian judiciary member of the Viceroy's Executive Council.
↳ The first time introduced electoral system.
↳ It introduced a system of communal representation.
• It introduced a "separate electorate" for Muslims.
• Lord Minto is known as the father of the communal electorate.
↳ Separate representation for mentioned below,
• Presidency Corporations
• Chambers of Commerce
• Universities
• Zamindars
Government of India Act of 1919 :
↳ Introduced responsible government in India (Increasing India's participation in every ministry).
↳ It came into force in 1921.
↳ This Act reflects the Preamble of our Constitution
↳ The first time introduced the Direct election procedure.
↳ This act is known as Montagu-Chelmsford Reforms.
• Montagu - Secretary of State for India.
• Chelmsford - Viceroy of India.
↳ Separated Central and Provincial subjects.
• Provincial subjects are into two parts
• Transferred subjects - Administered by the Governor and Ministers - responsible to the Legislative Council.
• Reserved subjects - administered by the Governor and executive council - without responsibility to the Legislative Council.
↳ It introduced a dual governance scheme called "diarchy" at the regional level.
↳ A "parliamentary" system was established for the first time in India.
↳ The first time, Introduced bicameralism (Upper house - council of states & Lower house - central legislative assembly) and Both are established in 1921.
↳ It stated that 3 of the 6 members of the Viceroy's Executive Council (other than the Commander-in-Chief) should be Indians.
↳ It initiated separate electorates mentioned below
• Sikhs
• Indian Christians
• Anglo-Indians
• Europeans
↳ The franchise is granted to individuals on the basis of property, tax, or education.
↳ An office for the High Commissioner for India was created in London.
↳ In 1926, the Central Public Service Commission was established.
↳ For the first time, the provincial budget was separated from the central budget.
↳ Appointed a statutory commission to report the condition of India under its new Constitution after ten years. Such a commission is Simon Commission (1927).
Government of India Act of 1935 :
↳ This Act came into force in 1937.
↳ It introduced direct elections in India.
↳ Introduced responsible government in the provinces.
↳ Provinces and princely states were established as units.
↳ Powers are divided between the center and the units.
• Federal List - Centre - 59 items.
• Provincial List - provinces - 54 items.
• Concurrent List - Centre & provinces - 36 items.
↳ Abolished dyarchy and introduced "Provincial autonomy".
↳ Bicameralism (Upper House - Legislative Council & Lower House - Legislature Assembly) was introduced in 6 out of 11 provinces.
• Those 6 provinces are Bengal, Bombay, Madras, Bihar, Assam, and the United Provinces.
↳ Provided separate electorates for depressed classes (scheduled castes), women, and labor.
↳ Abolished the Council of India which was established by the Government of India Act of 1858.
↳ The franchise was extended – 10% of the total population got the right to vote.
↳ Reserve Bank of India was established.
↳ Federal Public Service Commission, Provincial Public Service Commission and Joint Public Service Commission were established.
↳ Federal Court was established in 1937.
Indian Independence Act of 1947 :
↳ It partitioned British India into two newly independent nations called India and Pakistan based on Lord Mountbatten's plan (Dickie Bird Plan).
↳ It declared India as an independent and sovereign state on August 15, 1947.
↳ It abolished the office of Viceroy.
↳ It is empowered to adopt any constitution for their respective countries and to repeal any Act of the British Parliament.
↳ It abolished the office of Secretary of State for India.
↳ The right to veto bills was removed from the British Monarch but reserved for the Governor-General.
↳ It discontinued the appointment to civil services.
↳ It discontinued the reservation of posts by the Secretary of State for India.
↳ The Governor General and Provincial Governors should exercise their functions on the advice of the Council of Ministers.
↳ Lord Mountbatten Governor General for India.
↳ Mohammad Ali Jinnah Governor General for Pakistan.
↳ Chakravarti Rajagopalachari was the first and last Governor-General of independent India.
↳ In 1934, the first time M. N Roy suggested forming a Constituent Assembly.
↳ B.C Rawat defined the evolution of the Indian Constitution into 6 stages.
THE COMPANY RULE (1773 - 1858) :
↳ The British came to India in 1600 as traders.
↳ Queen Elizabeth I granted the exclusive right to trade in India.
↳ The British Government appointed the General Burghic Committee to expose the corruption of the East India Company.
Regulating Act of 1773 :
↳ The Act was framed on the recommendation of the General Burghic Committee.
↳ The Act was introduced by Lord North (PM of Great Britain).
↳ The British Government took the first step to regulate the affairs of the East India Company (EIC) in India.
↳ It identifies the political and administrative functions of the company.
↳ It laid the foundations of central administration in India.
↳ It designated the Governor of Bengal as the "Governor-General of Bengal".
• He is assisted by four members of the Executive Council.
• The Governors of Bombay and Madras Presidencies were subordinate to him.
• The first such Governor-General was Lord Warren Hastings.
↳ It established the Supreme Court in Calcutta in 1774.
↳ It prohibits private trade and accepting bribes.
Regulating Act of 1781 :
↳ It is known as the Act of Settlement.
↳ For the first time, the concept of "British Territories - British Dominion" was introduced.
Pitt's India Act of 1784 :
↳ It was introduced by William Pitt (Great Britain PM).
↳ It Established a double government.
↳ It separated the commercial and political functions of the company.
• Court of Directors - Manages commercial affairs.
• Board of Control - Manages political affairs - supervises civil and military operations & Revenues of British possessions.
↳ The Company's territories were known as "British Possessions in India".
↳ The British Government was given supreme control over the Company's affairs in India.
↳ First step towards non-parliamentary control.
Charter Act of 1833 :
↳ Steps towards centralization in British India.
↳ It designates the Governor General of Bengal as the "Governor General of India".
• Lord William Bentick was the first Governor General of India.
↳ With this Act, the Governors of Bombay and Madras lost their legislative powers.
↳ The Act ended the activities of the EIC as a commercial body and converted it into a purely administrative body.
↳ It tried to introduce a system of open competition for the selection of civil servants.
↳ For the first time a Law Commission was appointed and the head of the Commission was "Lord Macaulay".
Charter Act of 1853 :
↳ The legislative and executive functions of the Governor-General's Council have been fractionated by this Act.
• It Provided 6 legislative councilors to the council.
• Local representation was introduced for the first time in the Indian (Central) Legislative Council.
• For the first time, four members were appointed from the local (provincial) governments of Madras, Bombay, Bengal, and Agra.
↳ An Indian (Central) Legislative Council called Mini-Parliament was established.
↳ It Introduced an open competition for the selection and recruitment of civil servants.
• The Macaulay Committee (1854) was appointed with regard to the Indian Civil Service.
THE CROWN RULE (1858–1947) :
↳ It is also known as British Raj's Direct Rule in India.
↳ The British Parliament ended the operations of the East India Company (EIC).
↳ The powers, territories, and revenues of the Government of India were transferred to the British Crown.
Government of India Act of 1858 :
↳ This act was enacted in the wake of the 1857 rebellion.
↳ Now onwards India is governed by the name of the British Queen.
↳ It is known as the Act for the Good Government of India.
↳ It designated the Governor-General of India as the "Viceroy of India".
• The Viceroy is the direct representative of the British Crown.
• Lord Canning was the first Viceroy of India.
↳ It Ended the system of double government.
↳ Created a new office called Secretary of State for India.
• It contains a member of the British cabinet.
• A 15-member Council of India was formed to assist him.
Indian Councils Act of 1861 :
↳ The Viceroy was to nominate some Indians as non-official members of his Council.
• Lord Canning nominated 3 Indians to his legislative council.
(1) Raja of Benaras - Dev Narayan Singh
(2) Maharaja of Patiala - Maharaja Narinder Singh
(3) Sir Dinkar Rao
↳ This act started the process of decentralization.
↳ Legislative powers were restored to the Bombay and Madras Presidencies.
↳ Created new Legislative Councils for Bengal, North-Western Frontier Province (NWFP) and Punjab.
↳ Lord Canning introduced the "portfolio (allocation of ministries)" system.
↳ In 1862, High Courts were established in Bombay, Madras, and Calcutta under the Indian High Courts Act, of 1861.
↳ In 1866 the High Court was established at Allahabad.
↳ It empowered the Viceroy to issue ordinances in case of emergency, the lifespan of the such ordinance being 6 months.
↳ Based on the law commission's recommendations
• Code of Civil Procedure, 1859 was enacted.
• It was Amended in 1860, 1861, 1878, 1879, 1882, and 1908.
• After independence, major amendments were made in 1976 and 2002.
• In 1860, the Indian Penal Code came into force.
• The Criminal Procedure Code (CrPC) of 1861 came into force.
• It was Amended in 1872, 1882, and 1898.
• This continued until the present code came into force in 1973.
Indian Councils Act of 1892 :
↳ Increased the number of additional (non-official) members in the Central and provincial legislative councils.
• Central Legislative Council - not less than 10 & not more than 16.
• Provincial legislative council - not less than 8 & not more than 20.
↳ Increased the functions of legislative councils.
• Power to discuss the budget.
• Power to Legislative council to Address questions to the executive.
↳ Nomination of certain non-official members to the Central Legislative Council by the Viceroy.
• On the recommendation of the Provincial Legislative Councils.
• On the recommendation of the Bengal Chamber of Commerce.
↳ Nomination of certain non-official members to Provincial Legislative Councils by the Governor.
• On the recommendation of the mentioned below
• District Boards.
• Municipalities.
• Universities
• Trade associations.
• Zamindars and Chambers.
↳ The Viceroy nominated 6 Indians to the Governor's Council.
Dadabhai Naoroji (First Elected - British Indian MP)
Surendranath Banerjee
Pherozeshah Mehta
Gopal Krishna Gokhale
Bilgrami
Rash Behari Ghosh
↳ The Act contains an indirect provision to use elections to fill certain non-official positions.
Indian Councils Act of 1909 :
↳ This act is known as Morley-Minto Reforms.
• Lord Morley - Secretary of State for India.
• Lord Minto - Viceroy of India.
↳ The Central Legislative Council was raised from 16 to 60.
↳ The number of members of the Provincial Legislative Councils of Madras, Bengal, Bihar, Orissa, and the United Provinces increased to 50.
↳ The number of members of the Provincial Legislative Council of Punjab, Assam and Burma increased to 30.
↳ 4 types of members of the Governor General Legislative Council.
• Nominated Executive Members
• Nominated Non-Executive Members
• Members by Rank
• Elected Members
↳ It enhanced some other functions of the Legislative Council.
• Members are allowed to ask supplementary questions.
• Power to move a resolution on the budget.
↳ It provided for the association of Indians with the Executive Council for the first time.
• Satyendra Prasad Sinha was the first Indian judiciary member of the Viceroy's Executive Council.
↳ The first time introduced electoral system.
↳ It introduced a system of communal representation.
• It introduced a "separate electorate" for Muslims.
• Lord Minto is known as the father of the communal electorate.
↳ Separate representation for mentioned below,
• Presidency Corporations
• Chambers of Commerce
• Universities
• Zamindars
Government of India Act of 1919 :
↳ Introduced responsible government in India (Increasing India's participation in every ministry).
↳ It came into force in 1921.
↳ This Act reflects the Preamble of our Constitution
↳ The first time introduced the Direct election procedure.
↳ This act is known as Montagu-Chelmsford Reforms.
• Montagu - Secretary of State for India.
• Chelmsford - Viceroy of India.
↳ Separated Central and Provincial subjects.
• Provincial subjects are into two parts
• Transferred subjects - Administered by the Governor and Ministers - responsible to the Legislative Council.
• Reserved subjects - administered by the Governor and executive council - without responsibility to the Legislative Council.
↳ It introduced a dual governance scheme called "diarchy" at the regional level.
↳ A "parliamentary" system was established for the first time in India.
↳ The first time, Introduced bicameralism (Upper house - council of states & Lower house - central legislative assembly) and Both are established in 1921.
↳ It stated that 3 of the 6 members of the Viceroy's Executive Council (other than the Commander-in-Chief) should be Indians.
↳ It initiated separate electorates mentioned below
• Sikhs
• Indian Christians
• Anglo-Indians
• Europeans
↳ The franchise is granted to individuals on the basis of property, tax, or education.
↳ An office for the High Commissioner for India was created in London.
↳ In 1926, the Central Public Service Commission was established.
↳ For the first time, the provincial budget was separated from the central budget.
↳ Appointed a statutory commission to report the condition of India under its new Constitution after ten years. Such a commission is Simon Commission (1927).
Government of India Act of 1935 :
↳ This Act came into force in 1937.
↳ It introduced direct elections in India.
↳ Introduced responsible government in the provinces.
↳ Provinces and princely states were established as units.
↳ Powers are divided between the center and the units.
• Federal List - Centre - 59 items.
• Provincial List - provinces - 54 items.
• Concurrent List - Centre & provinces - 36 items.
↳ Abolished dyarchy and introduced "Provincial autonomy".
↳ Bicameralism (Upper House - Legislative Council & Lower House - Legislature Assembly) was introduced in 6 out of 11 provinces.
• Those 6 provinces are Bengal, Bombay, Madras, Bihar, Assam, and the United Provinces.
↳ Provided separate electorates for depressed classes (scheduled castes), women, and labor.
↳ Abolished the Council of India which was established by the Government of India Act of 1858.
↳ The franchise was extended – 10% of the total population got the right to vote.
↳ Reserve Bank of India was established.
↳ Federal Public Service Commission, Provincial Public Service Commission and Joint Public Service Commission were established.
↳ Federal Court was established in 1937.
Indian Independence Act of 1947 :
↳ It partitioned British India into two newly independent nations called India and Pakistan based on Lord Mountbatten's plan (Dickie Bird Plan).
↳ It declared India as an independent and sovereign state on August 15, 1947.
↳ It abolished the office of Viceroy.
↳ It is empowered to adopt any constitution for their respective countries and to repeal any Act of the British Parliament.
↳ It abolished the office of Secretary of State for India.
↳ The right to veto bills was removed from the British Monarch but reserved for the Governor-General.
↳ It discontinued the appointment to civil services.
↳ It discontinued the reservation of posts by the Secretary of State for India.
↳ The Governor General and Provincial Governors should exercise their functions on the advice of the Council of Ministers.
↳ Lord Mountbatten Governor General for India.
↳ Mohammad Ali Jinnah Governor General for Pakistan.
↳ Chakravarti Rajagopalachari was the first and last Governor-General of independent India.
