Lecture 1-historical-background
- 1. INDIAN POLITY AND GOVERNANCE Lecture 1 By Vishnu Agarwal History of Constitutional Development in India
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- 3. Evolution During British Rule Regulating Act of 1773 •First step by British Government to regulate the affairs of East India Company in India. •First time, the political and administrative functions (apart from commercial) of Company were recognized. •“Governor of Bengal” was designated as “Governor-General of Bengal” and Governors of Bombay and Madras were made subordinate to him. •First such Governor General was Warren Hastings.
- 4. •It also created an ‘Executive Council’ of 4 members to assist Governor General. •It provided for establishment of a Supreme Court at Calcutta comprising 1 Chief Justice and 3 other judges. •It prohibited private trade by Company officials. •It required the “Court of Directors” of Company to report its revenue, civil and military affairs. •The number of the Directors of the Company was fixed at 24.
- 5. Pitt’s India Act of 1784 •First time the Company’s territories in India were recognized as “British Possessions in India”. •It distinguished between political and commercial functions of company – by establishing a new body to manage political affairs i.e. “Board of Control”. •Thus, “Court of Directors” was allowed to manage only commercial affairs. •This was also termed as ‘double government’. •But, the “Board of Control” was made more powerful as it can supervise and direct all civil, military, revenue etc. functions regarding India.
- 6. Charter Act of 1833 •Governor-General of Bengal was made as “Governor-General of India” and was vested with all civil and military powers. •He was also given exclusive legislative powers for entire British India. •First such Governor-General was William Bentick. •It made EIC a purely administrative body (no more commercial body) and made EIC trustee of British Crown – this act said that Company is holding Indian territories ‘in trust for His Majesty, His heirs and successors’. •This act also attempted for open competition in civil services and their indigenisation – but this provision remained only on paper due to stiff opposition from “Court of Directors”.
- 7. Charter Act of 1853 •It separated legislative and executive function of Governor-General’s Council – seen as first step in formation of modern-day Parliament in India. •6 members were added to “Indian (Central) Legislative Council”. 4 out of 6 members were appointed by provincial (local) governments of Madras, Bombay, Bengal and Agra. •On the basis of Macaulay Committee’s (1854) recommendations, open competition was introduced in civil services and Indian were also allowed in higher civil services.
- 8. Government of India Act, 1858 • It is also known as “Act for the Good Government of India”. • It abolished EIC rule completely and transferred rule to British Crown. • It also abolished Board of Control and Court of Directors. • “Governor-General of India” – the designation changed to “Viceroy of India”. • Viceroy was direct representative of British Crown – first was Lord Canning. • A new post “Secretary of State” was created: • A member of British Cabinet. • Given complete authority and control over Indian Administration. • Ultimately responsible to British Parliament. • A 15 members Council was established to advise and assist him. • This Secretary of state-in-council was established like a body corporate.
- 9. Indian Councils Act of 1861 • It provided that the Viceroy should nominate some Indians as non- official members of his expanded Legislative Council. Thus, Raja of Benaras, Maharaja of Patiala and Sir Dinakar Rao were appointed in 1862. • The legislative powers of Bombay and Madras Presidencies were restored – a step towards federalism. • It also provided for establishment of new legislative councils in Bengal (1862), North-Western Provinces (1886) and Punjab (1897). • More powers to Viceroy: • Power to make rules and orders for more convenient transaction of business in the council. • Introduced Portfolio system. • Power to issue ordinances – with validity of 6 months.
- 10. Indian Council Act of 1892 •Legislative Council was given powers of discussing the budget and asking question to executive. •It provided for nomination (they were like indirect elections) of some non-official members: •To Central Legislative Council – on recommendations of Provincial Legislative Council and Bengal Chamber of Commerce; •To Provincial Legislative Councils – on recommendations of local bodies, universities, trade associations etc.
- 11. Morley-Minto Reforms, 1909 • The number of members in the Central Legislative Council was increased from 16 to 60. Similarly, the numbers were also increased in Provincial Councils. • Although, official majority in the Central Legislative Council was retained but non-official majority in provincial councils was allowed. • Deliberative functions of legislative councils were increased like members can ask supplementary questions, move resolutions etc. • First time association of Indians was allowed in “Executive Councils” at both level. Thus, Satyendra Prasad Sinha was first Indian to join Viceroy’s Executive Council. • Separate Electorate: Muslim members were to be elected only by Muslim voters. • This act also provided for the separate representation of presidency corporations, chambers of commerce, universities and zamindars.
- 12. Government of India Act, 1919 •It is also called as Montagu-Chelmsford reforms. •It separated Central and Provincial subject lists and both were authorized to make laws on their respective lists of subjects. •Dyarchy: The provincial subjects were divided into “transferred” and “reserved”. •Bicameralism: Indian Legislative Council was replaced by Upper House and Lower House. •Direct Elections: Majority of members of both the houses were chosen by direct elections. However, franchise was granted to limited number of Indians on the basis of property, tax or education.
- 13. •It separated Central and Provincial budgets and authorized provincial legislatures to enact their own budgets. •3 out of 6 members of the Viceroy’s Executive Council (other than Commander in Chief) were to be Indian. •Separate Electorates for Sikhs, Indian Christians, Anglo- Indians and Europeans. •New Office of High Commissioner for India: Some functions of Secretary of State were transferred to him. •It provided for establishment of a Public Service Commission – A Central Public Service Commission was set up in 1926.
- 14. Government of India Act, 1935 •It provided for the establishment of an “All India Federation” consisting of provinces and princely states as units. It also provided for Federal, Provincial and Concurrent List. But such a Federation never came into being. •Provincial autonomy in place of ‘Dyarchy’. The Governor was required to act with the advice of ministers responsible to the provincial legislature. •It provided for Dyarchy at the Centre. However, this never came into practice.
- 15. •Bicameralism was introduced in 6 out of 11 provinces. •Separate electorates for depressed classes, women and labour. •It extended franchise and thus about 10% of the total population got the voting rights. •It provided for the establishment of the RBI, Federal Court, Provincial Public Services Commission and Joint Public Service Commission.
- 16. India Independence Act of 1947 •It ended British rule and declared India as an independent country. •It provided for the partition of India. •It abolished the office of Viceroy and provided for a Governor- General, who was to be appointed by British King on the advice of the dominion cabinet. •It empowered Constituent Assembly to frame and adopt any Constitution and it can make any law till the new Constitution is adopted. •It also abolished office of secretary of state and transferred his functions to ‘the secretary of state for Commonwealth Affairs’.
- 17. •It made princely states independent and granted them freedom to join India or Pakistan or remain independent. •Government of India Act 1935 would be applicable till new Constitution is framed or Constituent Assembly modified it. •It designated the Governor-General of India and the provincial Governors as nominal heads of the states. They are required to act on the advice of Council of Ministers. •Although, this act discontinued appointment to civil services but civil servants appointed before August 15, 1947 would continue to enjoy all benefits that they were entitled to till that time.
- 18. Constituent Assembly •The idea of Constituent Assembly was first put forward by M. N. Roy in 1934. •Indian National Congress officially demanded Constituent Assembly, first time, in 1935. •This demand was officially accepted in principle by British Government in “August Offer” of 1940. •The Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan. •Mahatma Gandhi was not part of it.
- 19. • Members from Provinces were to be indirectly elected and members from Princely states were to be nominated by the kings. • Elephant was adopted as symbol of Assembly. • Objective Resolution: • It was moved by Jawaharlal Nehru on Dec 13, 1946. • It laid down fundamentals and philosophy of the Constitutional structure. • It was unanimously adopted. • Its modified version forms Preamble of present Constitution. • Constituent Assembly also adopted National flag, National Anthem, National Flag; ratified India’s membership to Commonwealth; and elected India’s first President i.e. Dr Rajendra Prasad. • Although, Constitution was passed on November 26, 1949 but it came into force on January 26, 1950.
- 20. Name Position in Constituent Assembly Dr Sachchidananda Sinha Temporary President (based on French Practice) Dr Rajendra Prasad President (When Assembly met as Constitutional body) G V Mavlankar President (When Assembly met as Parliament) H. C. Mukherjee and V. T. Krishnamachari Vice-Presidents B.N. Rau Legal Advisor to Constituent Assembly B R Ambedkar Head of Drafting Committee Jawaharlal Nehru Head of Union Powers Committee, Union Constitution Committee, States Committee etc. Dr Rajendra Prasad Head of Rules of Procedure Committee, Steering Committee, Finance and Staff Committee etc. Sardar Patel Head of Provincial Constitution Committee
- 21. Critical Analysis of Constituent Assembly • Not a Popular body. • Not a Sovereign body. • Time consuming. • Dominated by Congress. • Dominated by One community. • Dominated by Lawyers.
- 22. Thank You