Historical Background of indian constitution ( Important for APSC)

The historical background of the Indian Constitution has deep roots in the era of British colonial rule in India, spanning two distinct phases: Company rule and Crown rule. Company rule was characterized by the dominance of the British East India Company in governing India. However, this period was marked by increasing discontent and culminated in the Indian Rebellion of 1857, which prompted the British Imperial Crown to assume direct control over the administration of the country.

The foundational journey of the Indian Constitution can be traced back to the Regulating Act of 1773, a significant milestone in India’s constitutional history. This act marked the first time that the British Parliament enacted legislation to regulate the affairs of the East India Company in India, laying the groundwork for future constitutional developments.

The historical evolution of the Indian Constitution was not confined to British influences alone. It was also shaped by a diverse range of sources, including the constitutional principles of other nations. The Indian framers drew inspiration from the British constitution, which served as a model of parliamentary democracy. Additionally, they looked to the French Constitution for principles of liberty, equality, and fraternity, the Russian Constitution for the concept of a socialist state, and the American Constitution for ideas about federalism and fundamental rights. 

These various influences, along with India’s unique historical, social, and cultural context, contributed to the rich and diverse tapestry of the Indian Constitution. The Constitution of India, adopted on January 26, 1950, stands as a testament to the careful blending of these influences and the aspirations of the Indian people for a just, inclusive, and democratic society. It continues to serve as the guiding document for the world’s largest democracy, providing the framework for governance, protection of individual rights, and the pursuit of social and economic justice.

Historical Background of Indian Constitution

Between 1857 and 1947, a substantial portion of India was under direct British rule. Following independence, it became evident that India needed a new constitution. However, before the new constitution could be established, the entirety of India had to be integrated into the newly formed union. This task involved persuading the Princely States to join the Indian confederation, employing a combination of diplomacy and, at times, coercion. This complex and monumental effort was led by Sardar Vallabhbhai Patel and V.P. Menon. Until this point, India technically remained a British dominion with the responsibility of maintaining external security.

Consequently, when the Indian Constitution came into effect on January 26, 1950, it rendered both the Indian Independence Act of 1947 and the Government of India Act of 1935 obsolete. With the adoption of the Constitution, India transformed into a sovereign democratic republic, shedding its status as a dominion under the British Crown.

History of Indian Constitution

The historical background of the Indian Constitution is marked by a timeline of various British acts and reforms, including laws predating the formation of the Indian Constitution. These significant legislations include:

1.  Regulating Act of 1773
2.  Pitt’s India Act of 1784
3. Charter Act of 1813
4. Charter Act of 1833
5. Charter Act of 1853
6.  Government of India Act of 1858
7. Indian Councils Act of 1861
8.  Indian Councils Act of 1892
9. Morley-Minto Reforms of 1909
10.  Montague-Chelmsford Reforms of 1919
11. Government of India Act of 1935
12.  Indian Independence Act of 1947

These legislative milestones played a crucial role in shaping the path to India’s independence and the eventual framing of the Indian Constitution.

Regulating Act of 1773

• British Parliament’s first step to regulate and oversee the East India Company’s operations in India.
•  Designated the Governor of Bengal, based at Fort William, as the Governor-General of Bengal.
• Warren Hastings assumed the role of the inaugural Governor-General of Bengal.
• Establishment of the Executive Council of the Governor-General with four members, notably without the creation of a separate legislative council.
• Subordination of the Governors of Bombay and Madras to the authority of the Governor-General of Bengal.
• Establishment of the Supreme Court in Fort William (Calcutta) as the highest judicial authority in 1774.
• Prohibition of company servants from participating in private trade and from accepting bribes from the native population.
•  Mandated the Court of Directors, the governing body of the East India Company, to provide reports on its revenue.

Pitt’s India Act of 1784

• Distinction between commercial and political functions: The company separated its responsibilities into commercial and political domains.
•  Administrative bodies: Commercial functions were overseen by the Court of Directors, while the Board of Control managed political affairs.
• Reduction of Governor General’s council: The strength of the Governor General’s council was reduced to three members to streamline decision-making.
• Direct control over Indian affairs: Indian matters were placed under the direct control of the British Government, eliminating intermediaries.
• Terminology change: The company’s territories in India were officially designated as “the British possession of India.”
•  Establishment of Governor’s councils: To enhance regional governance, Governor’s councils were established in Madras and Bombay.

Charter Act of 1813

• Termination of Company’s trade monopoly: The East India Company’s exclusive control over Indian trade came to an end.
• Open trade with India: Trade with India was made accessible to all British subjects, no longer restricted to the Company’s monopoly.

Charter Act of 1833

• The Governor-General of Bengal became the Governor-General of India.
• Lord William Bentinck was the first Governor-General of India.
• This marked the final step toward centralization in British India.
• The Act initiated the establishment of a central legislature for India, which led to the reduction of legislative powers in the Bombay and Madras provinces.
• The Act signified the transformation of the East India Company from a commercial entity to a purely administrative body.

Charter Act of 1853

•  Separation of Legislative and Executive Functions: The Governor-General’s Council saw a distinct separation of its legislative and executive functions.
• Six-Member Central Legislative Council: The Central Legislative Council consisted of six members. Out of these, four were appointed by the provisional governments of Madras, Bombay, Bengal, and Agra.
•  Introduction of Open Competition: The Act introduced a system of open competition as the foundation for recruiting civil servants of the East India Company, making the Indian Civil Service open to all qualified individuals.

Government of India Act of 1858

• The transition from Company Rule to Crown Rule marked the shift in governance from the East India Company to the British Crown in India.
• The authority of the British Crown was exercised through the Secretary of State for India.
• Supporting the Secretary of State was the Council of India, consisting of 15 members.
• Complete authority and control over Indian administration were vested in the Secretary of State for India, with the Viceroy serving as the intermediary and agent.
• The position of the Governor-General of India was elevated to the title of Viceroy of India.
• The first Viceroy of India was Lord Canning.
• The Act brought about the abolition of the Board of Control and the Court of Directors, signifying a significant administrative change.

Indian Councils Act of 1861

•  The Act introduced Indian representation in institutions such as the Viceroy’s executive and non-official legislative council, with three Indians gaining entry into the Legislative Council.
• Legislative councils were established at both the central and provincial levels.
•  It stipulated that the Viceroy’s Executive Council should include some Indians as non-official members when dealing with legislative matters.
• The Act granted statutory recognition to the portfolio system, a significant administrative reform.
• The Act initiated the process of decentralization by restoring legislative powers to the Bombay and Madras Provinces, allowing for more local governance.

India Council Act of 1892

•  Indirect Elections (Nomination): The Act introduced the system of indirect elections through nomination.
•  Increased the Size of Legislative Councils: The Act expanded the size of the legislative councils.
•  Enhanced Functions of Legislative Councils: It broadened the functions of the Legislative Councils, granting them the authority to deliberate on the Budget and pose inquiries to the Executive.

Indian Councils Act of 1909

• Commonly known as the Morley-Minto Reforms, this Act represented the first attempt to introduce direct elections to legislative councils, aiming for a representative and popular element.
• The Act also involved a name change, as the Central Legislative Council was renamed the Imperial Legislative Council.
• The Act significantly increased the number of members in the Central Legislative Council, expanding it from 16 to 60.
• Another notable change was the introduction of a system of communal representation for Muslims, which recognized the concept of a ‘separate electorate.’
•  A historic development was the inclusion of Indians in the Viceroy’s Executive Council, with Satyendra Prasanna Sinha taking on the role of the Law Member.

Government of India Act of 1919

•  Commonly known as the Montague-Chelmsford Reforms, this Act demarcated central subjects from provincial subjects.

• It introduced the ‘Dyarchy’ system for provincial subjects, dividing them into transferred and reserved categories. The Governor was not answerable to the Legislative council for reserved subjects.
• Bicameralism was introduced at the central level, with a Legislative Assembly (140 members) and a Legislative Council (60 members), featuring direct elections.
• The Act required that three out of the six members of the Viceroy’s Executive Council (excluding the Commander-in-Chief) be Indians.
•  It also provided for the establishment of the Public Service Commission.

Government of India Act of 1935

•  The Act laid the foundation for an All-India Federation, although it was never fully implemented.
• It categorized powers into three lists: Federal List (59 items for the Centre), Provincial List (54 items for provinces), and Concurrent List (36 shared items).
•  Residuary powers were vested with the Governor-General.
• The Act abolished the Dyarchy system in the Provinces and introduced ‘Provincial Autonomy.’
• Dyarchy was adopted at the Centre.
• Bicameralism was introduced in six of the eleven Provinces: Assam, Bengal, Bombay, Bihar, Madras, and the United Province.
• The Act provided for the establishment of the Federal Court.
• The Council of India was abolished as a result of the Act.

Indian Independence Act of 1947

• The Act proclaimed India’s status as an independent and sovereign state.
•  It instituted responsible governments at both the central and provincial levels.
• The Viceroy of India and provincial Governors were designated as the Constitutional, or normal, heads.
•  The Constituent Assembly was given dual roles, serving as both a Constituent and Legislative body, and it was declared a sovereign entity within the dominion legislature.

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