CONSTITUTIONAL HISTORY OF INDIA

Regulating Act, 1773

The territorial acquisitions of the East India Company
produced a startling effect in England. The public in
General clamored for an immediate Parliamentary
intervention. Two parliamentary Committees were
appointed to enquire into the affairs of East India
Company. The servants of the Company were
concentrating on their private trade. The trade of the
Company was being neglected.
The Company has almost forgotten about trade and was
progressively thinking in terms of conquering more and
more land. This needed large Armies. This meant a
heavy loss to the Company
Regulating Act, 1773
The Governor of Bengal was made the Governor-
General. The entire civil and military administration of
Bengal was given to the Governor-General. Provision
was made for an executive council of four members to
assist and help the Governor-General.
The Act mentioned the names of the First Governor-
General and the members of his Executive Council.
It said Warren Hastings would be the First Governor-
General of Bengal. The four executive councilors
mentioned in the Act were Philip Francis, Clavering,
Monson and Bar well.
Their term of office was five years but they could be
removed from office earlier by the British Monarch, if
the Court of Directors recommended such an action.
The Governor-General could not take a decision on any
matter independently. He had to act on the advice of the
Councilors. Decisions were taken in the Council by
majority vote. In case of a tie the Governor-General
was given a casting vote. But he could not overrule his
Council.
Regulating Act, 1773
The Presidencies of Madras and Bombay were made
subordinate to Bengal.The Governors-in-Council of
Bombay and Madras had to follow the instructions of
the Governor General-in-Council. The Governor-
General could direct control and superintend the two
Presidencies.
These Presidencies could neither declare war nor
conclude peace with any power without the sanction of
the Governor-General-in-Council. The employees of
the Company were forbidden to accept any bribes or
gifts from anybody. The Governor-General-in-Council
could make rules and regulations and issue ordinances
for the good government of the Company’s territories.
These rules, regulations and advice were to be
registered with the Supreme Court of India, which was
created by the Act. Without registration these rules and
regulations had no effect or meaning.
Supreme Court; A Supreme Court was established by
the Regulating Act, The Supreme Court was given
jurisdiction over all the British subjects living in
Bengal, Bihar and Orissa. The Supreme Court was
empowered to try ecclesiastical, admiralty, civil and
criminal cases. The case was decided on the basis of
judgment of the Jury. The Supreme Court had original
as well as appellate jurisdiction. The Supreme Court
was to be a Court of Record. Any contempt or
disrespect shown to its orders would be a punishable
offence.
The Governor-General, the members of the Executive
Council, the Judges, Collectors, and Inspectors, their
agents or servants all were forbidden to carry on private
trade of any description. No gifts would be accepted by
these officers from the Indian Princes or people.
Provisions for Home Authorities Before the passage of
the Regulating Act the Directors of the Company were
elected for a short term of one year. Directors of the
Company were elected by the Court of Proprietors. This
system was extremely defective. The Directors were
busy throughout their term of one year either obliging
their supporters of the previous election or preparing
others for the coming election.
The Regulating Act did a good job by making the Court
of Directors a permanent body. The Act required the
Governor-General of Bengal and the Governors of the
Presidencies of Bombay and Madras to pay due
obedience to the orders of the Directors in London. It
was the first measure by which a European government
assumed the responsibility for governing territories
acquired by it outside Europe and inhabited by civilized
people.
The Act also attempted to eradicate corruption and
bribery by making several provisions. One among them
was the establishment of the Supreme Court. This Court
could punish offenders. Acceptance of gifts and
presents etc. was forbidden.
Demerits or Defects of the Act
The Regulating Act was full of grave defects.
The jurisdiction and powers of the Supreme Court were
not properly defined. The results were very ugly. One
often witnessed dirty conflicts of jurisdiction between
the Supreme Court and other Courts of Calcutta. The
Regulating Act did not specify the jurisdiction and
power of the Governor-Generalin-Council or the Judges
of the Supreme Court.
The relations between the Supreme Court and other
courts of the Company were not specified. The
Presidencies of Madras and Bombay were subordinated
to Bengal and the Governor-General-in-Council was
given power to superintend and control the
management and government of the two Presidencies.
No Veto power to the Governor-General The act
granted any veto power to the Governor General. He
was to act according to the advice of the majority in the
council. Since he could not veto the decision of his
councilors, he was thus powerless before his
colleagues.
We know that till up to 1776 warren Hastings was
invariably out-voted and over-rules by the majority of
the Councilors who were against him. Consequently,
warren Hastings had a difficult time when he came face
to face with his councilors. Appointment of hostile
Councilors another flaw associated with the above
defect was that the Councilors, Francis, Monson and
Cleaving named by the Parliament were entirely unfit
for the job. Such a batch of Councilors still weakened
the position of the Governor-General who was already
suffering from constitutional impotency.
Provisions of Supreme Court Obscure and defective in
the second place, the provisions relating to the
jurisdiction of the Supreme Court were “Obscure and
defective”. They said nothing about the jurisdiction of
the Court, the law it had to administer and its relation to
the Governor - General – in-Council.
The fundamental questions lacked clarity and precision.
For instance, the Act did not clearly say as to who were
to be the British subject within the meaning of the
Charter of the Supreme Court. The Sphere of law that
the Court was to administer was equally undefined the
court did not know whether it was to administer native
law or English law. Even the Chief justice was baffled
by this anomaly.
Similarly, relations between the court and the Council
were not clearly defined. It was not clear how far the
Supreme Court could question the legality of the orders
issued by the governor-General-in-Council. Inadequate
Control of Governor-General over the presidencies in
the third place, the inadequate control of the Governor-
General over the presidencies was glaring defect of the
Act. The authority of the Governor-General in Council
over the Presidencies was not fully effective due to the
exceptions in the Act.
The Parliamentary Control over the Company was also
insufficient The Act no doubt provided that copies of
all civil and military dispatches received by the
Directors from Governor-in-Council in India were to be
forwarded within a fortnight to certain members of the
English Ministry, but it set up no effective machinery to
study and scrutinize those reports. Thus the
Parliamentary control over the Company was
ineffective.
Amending Act of 1781
It was admitted on all hands that there were many short
comings in the Regulating Act and consequently an Act
was passed in 1781 to remove them. The new Act
provided that the public servants of the Company were
not to be subject to the jurisdiction of the Supreme
Court for things done by them in their official capacity.
Revenue collectors and judicial officers of the
Company courts were also exempted from Jurisdiction
of the Supreme Court. Things were done by them to
their official capacity.
Governor –General and the members of the council
were also exempted from the jurisdiction of the
Supreme Court both individually and collectively “for
anything counseled, ordered or done by them in their
Public capacity”.
Causes of the Enactment As regards the jurisdiction of
the Supreme Court, it provided that it was to have
jurisdiction over all the inhabitants of Calcutta. It was
stated that” no person was to be subject to the
jurisdiction of Supreme Court by reason of his being a
landowner or farmer of land or land rent or for raising a
payment or pension in lieu of any title to, or ancient
possession of land or land rent or any companion or
share of profits for collecting rent”
Provisions Servants of the Company were to be subject
to the Jurisdiction of the Supreme Court for wrongs
done by them arm trespass. Cases could be brought
before the Supreme Court by the agreement of both the
parties. The Supreme Court was required to take into
consideration and respect the religious and social
customs and usages of the Indian while enforcing the
decrees and process.
Governor- General-in Council was given the power to
make regulations for the provisional courts and
Councils. Formerly, the rules and regulations made by
the Governor – General were required to be registered
with the Supreme Court.
This led to a lot of inconvenience. Consequently, the
Act of 1781 provided that no such registration was
required. The Act provided that appeals were to be
taken from the provincial courts to the Governor
General in Council.
The latter was to be the final Court of Appeal except in
those civil cases which involved & 5,000 or more. In
case the amount involved was more than &5,000, an
appeal was to be taken to the King-in-Council. The
“Act of 1781”effected important changes in the system
of 1778. The preambles showed clearly who had won
the contest.
It asserted the necessity of supporting the Government,
the importance of the regular collections of revenue and
maintenance of the people in their ancient laws. The
year 1781 marks the most important era in history now
under consideration.
It terminated a period of fierce animosity and struggle
between those wished to see English laws and Courts of
Justice introduced at once into the country and rendered
supreme over the Executive, and those who considered
that such a policy was wholly impracticable, and that,
circumstanced as the English then were, Government
must for a long time to, come control the authority of
the Courts.
The plan of Government, both as regards legislation
and Court of Justice, in that year assumed a definite
shape and although many changes of course ensured in
the long period (1781-1861) which separated the
administration of Western Hastings, the first Governor
General of India, from the close of that Lord Canning,
its first viceroy, still they were changes of detail, often
of great importance.
But leaving unaltered the general character of the
system then introduced. The year 1781 may therefore
well be taken as the first dividing point of time at which
the character of that history essentially changes, at
which boundaries of authority have at last become
strongly defined.
Pitt's India Act of 1784
In 1784, Pitt the Younger, the Prime Minister of
England, soon after the assumption of his introduction
introduced a bill for the letter control of the Indian
administration by England. The Bill was passed and
came to be known as the Pitt’s India Act. Causes There
were many causes responsible for the passage of this
Act.
In the regulating Act to 1773 there were many glaring
defects which were necessary to be reformed by the
British Parliament if the administration of the company
was to run on some sound footing in India. In 1783, the
different American colonies became quite independent
of the British control and naturally the English were
worried that such an example would be followed by
India. So it was thought proper to exercise more control
over the affairs of the East India Company in India.
Main provisions
The political and commercial activities of the company
were now separated.
The commercial functions were allowed to be
performed by the Board of Directors, but for the
supervision, direction and control of the Indian
Government a Board of Control was set up in England.
Bombay and Madras were now definitely subordinated
to the Governor General and his Council.
Act provided for the establishment of a special Court
for the better trial of the Company’s officials in
England for offences committed by them in India.
Warren Hastings fought many undesired wars, so in
order to the prevent the succeeding Governor-General
from copying the examples of Warren Hastings the Act
laid down that henceforth the Governor-General from
copying the examples of Warren Hastings the Act laid
down that henceforth the Governor-General should take
the permission of the Board of Control before making
peace or declaring any war.
Thus the Pitt's India Act Board of Control before
making peace or declaring any war. Thus the Pitts India
Act laid emphasis on the policy of non- intervention.
Importance
Pitt's India Act is quite an important legislation because
by it the real power in India passed from the Directors
to the British Parliament.
The Board of Directors now remained as a mere
shadow of its former existence. In actual practice the
Board of Control, appointed by the British Parliament
came to supersede both the court of proprietors and the
Board of Directors. It could inspect the files of the
Company and issue instructions accordingly which the
Directors of the Company had to carry out. Moreover,
the Pitts India Act proved quite permanent and
underwent little material changes till 1858. In that year
some changes were no doubt made as a result of the
great Rising of 1857 but still its fundamental principles
remained almost the same.
ACT OF 1786
In 1786, Lord Cornwallis was appointed as Governor-
General and commander in chief in India. He is known
for having instituted land, judiciary and administrative
reforms and reorganized the British army and
administration. He had a demand that powers of the
Governor-General be enlarged to empower him, in
special cases, to override the majority of his Council
and act on his own special responsibility.
The Act of 1786 was enacted to give him the power of
working as Both Governor General& Commander in
Chief. Thus via act of 1786, Cornwallis became the first
effective ruler of British India under the authority of
Board of Control and the Court of Directors.
CHARTER ACT of 1793
The Act of 1793 is a very long one. It repeated many
old laws and consolidated existing one.
Provisions of the Charter Act of 1793
The Governor – General and the Governors were given
the power to over-ride their councils. The power had
been given specially to Corn Wallis in 1786.The control
of the Governor-General over the presidencies of
Madras and Bombay was insisted. It was laid down that
when the Governor-General went to a presidency he
superseded the Governor.
Governor General was given the power to appoint vice-
president of his executive council from the members of
the council. The vice-president was to act in place of
Governor General when the latter was absent from
Bengal. The Commander-in-Chief was not to be a
member of the council of the Governor-General unless
he was specially appointed to be a member by the court
of Directors.
The admiral jurisdiction of Calcutta Supreme Court was
extended to the high seas. It was provided that the
payment of the members and the staff of the Board of
Control should be made out of the Indian revenues. It
was provided that the two junior members of the Board
of control need not be privy councilors. The character
of the company was renewed for 20 years. The policy
of nonintervention was emphasized again. The sale of
Liquor was made subject to the grant of a license.
Charter Act of 1813
The British Parliament passed the Charter Act 1813
which was an improvement upon the previous charter
Act of 1793.The main provisions of the Character Act
of 1893 were as follows.
In its essential provisions, the powers of the Board of
Control to superintend, control and direct the affairs of
India were clearly defined and greatly enlarged. The
Company’s powers of patronage were reduced.
The Court of Directors was to make appointments to
the offices of Governor General, Commander-in-chief,
Governor, etc. Subject to the approval of the king of
England and their orders to this effect had to be counter
signed by the Board of Control. No Changes were made
in the Company’s constitution and the grant of its
territorial acquisition in India with the attended
revenues was extended for another twenty years.
The British Crown’s sovereignty over the Company’s
territorial acquisitions was explicitly proclaimed. The
most important provision was concerned with the trade.
The Company’s tea trade with China was reserved for
it, but trade monopoly with India was completely
abolished and the private merchants of England were
permitted to develop free trading contacts with India.
The British merchants and missionaries were given full
liberty to settle in India after securing licenses for the
purpose from the Directors of the Company. The
company was required to appoint one Bishop at
Calcutta with three Archdeacons to work under him.
Significance of the Character Act of 1813
They clearly proclaimed the Sovereignty of the Crown
over the Company’s territories in India. The Powers of
the Board of Control being considerably enlarged the
abolition of the Company’s trade monopoly was not of
less significance. British private merchants were
allowed to go settle in India and thus to introduce a
severe competition in trade which was, prior to this
entirely in the Company’s hands.
The Christian Missionaries of England were allowed to
come freely and settle in this country. This had
wholesome effect, in a sense that a large number of
missionary schools and colleges were opened for the
education of the Indians. The Provisions for setting
apart one lakh of rupees for the development of
education in India was a welcome development.
It laid the foundation of the English system of
education in India which threw open progressive
English literature on liberty and equality for the Indian
mind to inculcate.
Circumstance leading to the Character Act of 1833
Between 1813 and 1833, there had been a great change.
The great Industrial revolution had taken place and it
swept the medieval industrial system. The classes of
laborers and capitalists emerged. The cheap products of
the new machines and their export to foreign lands
enable the people to travel widely and broaden their
outlook. Money flowed in; prosperity grew, thus giving
birth to a new spirit of independence. Workers claimed
better working conditions, capitalists tried to suppress
them, a new class of intelligentsia developed to help the
class of workers.
New literature came into being and the cry from liberty
and equality chose from every direction. The Tory party
had been defeated in the House of Commons in 1830
and King William IV had to accept Grey, the Which
leader, as this new Prime Minister, Macaulay became
the secretary of the Board of Control and James Mill
influenced the public opinion inside and outside the
British parliament.
The triumph of the Whigs in Parliament opened the
way for triumph of the liberal principles. The
parliamentary Reform Act was passed in 1832 which
regenerated the spirit of liberalism in its four-fold
strength. The dignity of man was recognized and the
principle of laissez faire came to the fore.
In short, the old spirit of conservatism and exploitation
had weakened and a new spirit of liberalism grew and a
compromise between these two was struck. It was in
these circumstances that the demand for the renewal of
the Charter came before the British Parliament. There
were some who attacked bitterly the way the destiny of
millions of Indians people was being controlled by a
joint stock company.
Charter Act of 1833
Charter Act of 1833 All the Acts passed by the British
Parliament to regulate the affairs of the East India
Company. The Charter Act of 1833 stands out as the
most comprehensive and far reaching in effect. There
were circumstances both in India and England which
necessitated the passing of the Act.
In India, the policy of intervention and territorial
aggrandizement pursued by Wellesley and Hastings had
added enormously to the territories of the Company and
also to the consequent difficulties in administration.
In England, Parliamentary reforms had brought into
being a reformed House of Commons where liberalism
was at the ascendancy.
Further, that was a clamor for freedom of trade in India,
unrestricted immigration of Europeans into India,
reform of Indian laws and also important to mention the
influence, among others, of two Liberals who were
intimately associated with James Mill. The former, who
was then in Parliament, was Secretary to the Board of
Control, and the latter was Examiner of Indian
Correspondence at India House.
Charter Act 1833
Charter Act 1833 or the Saint Helena Act
1833 or Government of India Act 1833 was passed by
the British Parliament to renew the charter of East India
Company which was last renewed in 1813. Via this act,
the charter was renewed for 20 years but the East India
Company was deprived of its commercial privileges
which it enjoyed so far.
Key Provisions
End of East India Company as a Commercial BodyThe
British Government had done a careful assessment of
the functioning of the company in India. The charter
was renewed for another 20 years, but it ended the
activities of the company as a commercial body and it
was made a purely administrative body. With this,
British were allowed to settle freely in India.
India as a British Colony
The charter act of 1833 legalized the British
colonization of India and the territorial possessions of
the company were allowed to remain under its
government, but were held “in trust for his majesty, his
heirs and successors” for the service of Government of
India.
Governor General of India
This act made the Governor General of Bengal
the Governor General of British India and all
financial and administrative powers were centralized in
the hands of Governor General-in-Council.
Thus, with Charter Act of 1833, Lord William Bentinck
became the “First Governor General of British India”.
Fourth Member in Governor-General in Council
The number of the members of the Governor General’s
council was again fixed to 4, which had been reduced
by the Pitt’s India act 1784. However, certain limits
were imposed on the functioning of the 4th member.
For example, the 4th member was not entitled to act as
a member of the council except for legislative purposes.
For the first, this fourth member of the council was
Lord Macaulay.
Split in Bengal Presidency
The Charter Act of 1833 provided for splitting the
Presidency of Bengal, into two presidencies viz.
Presidency of Fort William and Presidency of Agra.
However, this provision was later suspended and never
came into effect.
Enhanced Power of Governor General of India
Charter Act of 1833 distinctly spelt out the powers of
the Governor-General-in-Council. He could repeal,
amend or alter any laws or regulations including all
persons (whether British or native or foreigners),all
places and things in every part of British territory in
India, for all servants of the company, and articles of
war.
However, the Court of Directors acting under the Board
of control could veto any laws made by the Governor-
General-in-Council.
Codifying the Laws
The charter act of 1833 is considered to be an attempt
to codify all the Indian Laws. The British parliament as
a supreme body retained the right to legislate for the
British territories in India and repeal the acts. Further,
this act provided that all laws made in India were to be
laid before the British parliament and were to be known
as Acts. In a step towards codifying the laws, the
Governor-General-in-Council was directed under the
Charter act of 1833, to set up an Indian law
Commission.
India’s First Law Commission
India’s first law commission was set up under Charter
act of 1833 and Lord Macaulay was made its Chairman.
The other members of this commission were English
barrister Cameron, Macleod of Madras service, William
Anderson of Bombay Service and Sir William
McNaughton of the Calcutta Service. Sir William
McNaughton did not accept the appointment.
The objectives of the law commission was to inquire
into the Jurisdiction, powers and rules of the courts of
justice police establishments, existing forms of judicial
procedure, nature and operation of all kinds of laws.It
was directed that the law Commission shall submit its
report to the Governor General-in-council and this
report was to be placed in the British parliament.
Indians in the Government service
The section 87 of the Charter Act of 1833, declared that
“no native of the British territories in India, nor any
natural born subject of His majesty” therein, shall by
any reason only by his religion, place of birth, descent,
colour or any of them be disabled from holding any
place, office or employment under the company”.
Thus, the Charter act of 1833 was the first act which
made provision to freely admit the natives of India to
share an administration in the country. The act laid
down that Court of Directors should nominate annually
4 times as many candidates as there were vacancies,
from whom one should be selected by competitive
examination.
The charter act of 1833 also provided the Haileybury
college of London should make quota to admit the
future civil servants. However, this system of an open
competition was not effectively operated in near future.
Mitigation of Slavery
This act also directed the Governor General-in-Council
to adopt measures to mitigate the state of slavery,
persisting in India since sultanate Era. The Governor
General-in-Council was also directed to pay attention to
laws of marriage, rights and authorities of the heads of
the families, while drafting any laws.
More Bishops:
The number of British residents was increasing in India.
The charter act of 1833 laid down regulation of
establishment of Christian establishments in India and
the number of Bishops was made 3.As a result of the
Act, the last traces of the commercial monopoly which
the Company enjoyed were abolished and all
restrictions to European immigration into India were
removed.
The unhindered flow of Europeans into India made the
reform of Indian Law imperative. But the powers
exercised by the Governor-General in Council were not
sufficient to meet the situation. Such laws were not to
be registered with the Supreme Court, but automatically
to become Acts of the Governor-General in Council.
The three great principles which were to govern such
codification, according to where you must Governor-
General in Council, a Law Member, an English
Barrister, was added -making would override the
authority of the Governors of Madras and Bombay who
were at the same time deprived of their independent
powers of law-making.
Macaulay was the first Law Member under the Act and
also appointed the President of the Law Commission.
The administration in India, namely the union of the
trader with the sovereign, by ordering the Company to
close its commercial business as soon as possible.
Another interesting provision of the Act death with
education and employment territories, nor any natural
born subject of His Majesty resident therein, shall be
reason only of his religion, place of birth, descent, color
or any of them, he was this clause which, according to
Lord Morley, made the Act of 1833 the most important
Indian Act passed by Parliament till 1909.
Whether the policy initiated in this provision was given
effect in practice or not, it certainly reflects indeed a
liberal and humanitarian attitude on the part of the
British Parliament.
The Act of power is intended to be reserved to
Parliament to control, supersede or prevent-General in
Council and he said territories and all the inhabitants
thereof in as full and ample a manner as if the Act had
not been passed. The Act directed the Governor-
General in Council to take steps both for the
amelioration of slaves in India and to propose measures
for the abolition of slavery throughout India.
Significance of the Act the Charter Act of 1833
It is the most significant measure enacted by the British
Parliament during the nineteenth century. Other
constitutional measures of the current century, pale into
insignificance when compared individually with it.
Lord Morley truly describes it as "the most extensive
measure of the Indian Government between Mr. Pitt's
Act of 1784 and Queen Victoria's assumption of the
powers of government in 1858.“
Indeed the Act not only affected changes of far-
reaching importance in the Government of India, but
also made such benign declarations and touched at
broad humanitarian principles. Section 87 of the Act
embodied excellent sentiments, of the British
politicians of the time, towards Indian masses. Fitness
henceforth was to be the only criterion of eligibility in
matters of higher services.
The natives were not to be debarred from holding any
office under the Company, simply on the basis of
religion, place of birth, descent or color. Ramsay Muir
eulogized this section of the Act by describing it as "an
unparalleled declaration which a ruling class can
announce in regard to its recently conquered subjects".
Macaulay termed it a wise and benevolent and noble
clause of the Act. Explaining the significance of
Section 87 of the Act, the Dispatch observed that its
object was 'not to ascertain the qualification but to
remove disqualification'. The gracious declaration was
laudable indeed but was not of much practical
significance, for despite the views of Munro, Malcolm,
Elphinstone, Sheman and Bishop Heber, nothing was
done to repeal the provision of the Act of 1793, which
excluded any but covenanted servants from occupying
places worth over £ 500 a year.
In the words of Punniah, The declaration remained for
long in the tantalizing realm of unfulfilled aspirations."
Dr. Ishwari Prasad remarks that the declaration "was
more honored in the breach than in the observance by
those who were entrusted with the governance of
India". Though conflicting opinions have been
expressed regarding section 87 of the Act yet the
benevolent intentions of its authors cannot be
challenged. Moreover, it seemed as an impetus to the
leaders of political agitation in the last decades of the
19th century.
Inspired by this noble declaration, educated Indians
proceeded to England for prosecuting higher studies.
They were extremely disappointed when, on their
return, they found themselves excluded from all but the
subordinate service posts. Thus discontent against the
Bruisers got aggravated which ultimately intensified the
political agitation.
Alterations of vital importance were made in the
legislative system of India. The Act aimed at
simplification of law, which it sought to obtain by
centralization of legislation. Hence, the Governor-
General-in-Council was empowered to make laws
extended to all places and all things within the
territories of the company. It ushered in an era of 'an
enlightened and paternal despotism'. The Act, by
abolishing completely the Company's monopoly of the
tea trade and trade with China, removed one of the most
glaring defects of the Indian administration, i.e., the
union of traders and sovereign. The Company ceased to
be a commercial body
It was to act as an administrative body in future. Till its
abolition in 1858, the Company was vested with
political functions only. In the words of Keith,
''Macaulay defended this position and the retention of
the Company on the ground that it was not desirable to
give so much uncontrolled power to the Crown, for
Parliament was incapable of exercising effective
supervision over Indian Government."
The Act unsealed for the first time the doors of British
India to British subjects of European birth. They were
entitled to live in the country and even occupy land.
This free ingress of Europeans in India promoted their
general improvement and prosperity. A few critics
however opine that mass exoduses of Europeans to
India resulted in the exploitation of Indian people who
were the customers for English goods.
The Act constituted a 'Law Commission' with Macaulay
as its first President. The Indian Penal Code and the
Codes of Civil and Criminal Procedure are the outcome
of efforts of this Commission, headed as it was by an
embodiment of legal acumen and practical sagacity.
The codification of laws which were so imperfect and
capricious is a commendable contribution of the Act.
Thus we can safely conclude that the Act of 1833 was a
measure of great constitutional significance.
It removed some of the potent defects in the system of
administration. It introduced uniformity in the laws of
government by establishing the legislative supremacy
of the Central Government and doing away with
diversities in the laws of different Presidencies. It
eradicated the anomalies and the conflicts in the
jurisdiction of various courts.
It affected uniformity in general administration by
concentrating the executive and financial administration
in the hands of the Governor-General. It succeeded in
establishing the supremacy of the Crown and
Parliament in the management of the Indian affairs, by
clipping the wings of the Court of Directors.
Charter Act of 1853
The Charter Act 1853 was passed in the British
Parliament to renew the East India Company’s charter.
Unlike the previous charter acts of 1793, 1813 and 1833
which renewed the charter for 20 years; this act did not
mention the time period for which the company charter
was being renewed. This Act was passed when Lord
Dalhousie was the Governor-General of India.
The provision of the Charter Act of 1853
The British Parliament appointed two committees in 1852
to inquire into the matter and on the basis of their reports;
the Charter Act of 1853 was shaped. The Act provided
that the salaries of the members of the Board of control,
Secretary and the other officers would be fixed by Her
Majesty’s Government but would be charged on Indian
revenues
The Company was granted to hold the revenue and the
territories of India in trust for Her Majesty, her heirs and
successors not for 20 years this time but until the
parliament would otherwise provide. The number of
Court of Directors was reduced from 24 to 18 and 6 of
these were to be nominated by the Crown. The Court of
Directors was dispossessed of their power of patronage.
The service was thrown open to competition in which no
discrimination of religion, caste or creed was to be made.
In India this Charter Act carried the separation of the
legislative from the executive functions a step further.
The law member was made a full member of the
Governor-General’s executive council. He was to assist
the Governor-General in the enactment of legislation. The
Governor-General’s consent was necessary for all
legislative proposals. The Chief justice of the Supreme
Court of Calcutta was to be an unofficial member of this
council.
Governor-General’s office
The Law member (fourth member) became a full member
with the right to vote. The Legislative Council which had
six members now had 12 members. The 12 members
were: 1 Governor-General, 1 Commander-in-Chief, 4
members of the Governor-General’s Council, 1 Chief
Justice of the Supreme Court at Calcutta, 1 regular judge
of the Supreme Court at Calcutta, and 4 representative
members drawn from among the company’s servants with
at least 10 years tenure, appointed by the local
governments of Bengal, Bombay, Madras and North
Western Provinces. The Governor-General could
nominate a vice president to the council. The Governor-
General’s assent was required for all legislative proposals.
The Court of Directors could create a new presidency or
province. This was because of the difficulties that were
faced in administering the increasingly large Indian
territories of Britain.
1. Since 1833 and 1853, two new provinces of Sind and
Punjab were added.
2. It could also appoint a Lieutenant Governor for these
provinces. In 1859, a Lt. Governor was appointed for
Punjab.
3. This Act also led to the creation of Assam, Burma and
the Central Provinces.
The Act provided for the appointment of a separate
governor for the Bengal Presidency. It maintained that
the governor of Bengal should be different from the
Governor-General who was to head administration of the
whole of India. The number of Board of Directors was
reduced from 24 to 18 out of which 6 people were to be
nominated by the British Crown.
Indian Civil Services
Macaulay Committee of 1854 gave India her first civil
services. This act removed the right of patronage to
appointments in civil service held by the Court of
Directors. The appointment was to be done only by open
competition based on merit and was open to all. The
report recommended that only the ‘fittest’ be selected to
the ICS.
Features of the Charter Act of 1853.
For the first time, the legislative and executive functions
of the Governor-General’s council were separated.
This act served as the foundation of the modern
parliamentary form of government. The legislative wing
of the Governor-General’s Council acted as a parliament
on the model of the British Parliament. It extended the
company’s rule for an indefinite period, unlike the
previous charter acts. Thus, it could be taken over by the
British government at any time. Company’s influence was
further reduced by this act. The Board of Directors now
had 6 members who were Crown-nominated. It gave birth
to the Indian civil services and was open to all including
Indians. This ended the system of appointments by
recommendation and started a system of open and fair
competition. For the first time, local representation was
introduced into the legislative council in the form of four
members from the local governments of Bengal, Bombay,
Madras and North Western Provinces.

Macaulay's "Minute February 2, 1835

MAIN AIM OF INTRODUCING ENGLISH SYSTEM OF
EDUCATION IN INDIA
Macaulay wrote in his minute “we must at present do our
best to form a class of persons Indian in blood and color
and English in taste, opinions in morals and in intellect”.
Macaulay’s arguments in favor of English: Macaulay
rejected the claims of Arabic and Sanskrit as against
English, because he considered that English was better
than either of them. His arguments in favor of English
were
It is the key to modern knowledge and is therefore more
useful than Arabic or Sanskrit. It stand preeminent even
among the language of the west in India, English is the
language sponsored by the ruling class. It is likely to
become the language of commerce throughout the seas of
the east. It would bring about renaissance in India, just as
Greek or Latin’s did in England or just as the languages
of western Europe in civilized Russia.
The natives are desirous of being taught English and are
not eager to learn Sanskrit or Arabic. It is possible to
make the natives of this country as good English
scholars, and to that end our efforts ought to be
directed. It was impossible to educate the body of
people but it was possible through English education to
bring about “a class of persons Indian in blood and
colour and English in taste, opinions in morals and in
intellect”, and that education was to filter down from
them to the masses
Acceptance of minute by lord William Bentinck: lord
William Bentinck endorsed the minute by writing one
line beneath it “I give my entire concurrence to the
sentiments expressed in the minutes “.he passed the
resolution of march 1835 which determined the age,
content and medium of instruction in India
THE GOVERNMENT OF INDIA ACT, 1858
The Government of India Act 1858 was an Act of the
British parliament that transferred the government and
territories of the East India Company to the British
Crown. The company’s rule over British territories in
India came to an end and it was passed directly to the
British government. Lord Palmerstone, then-Prime
Minister of the United Kingdom, introduced a bill for
the transfer of control of the Government of India from
the East India Company to the Crown, referring to the
grave defects in the existing system of the government
of India.
In February 1858, Lord Palmerstone introduced a bill
for liquidating the company and transferring the
Government of India to the crown. J.S. Mill, the famous
industrialist, who remained life-long in the service of
the East India House, drafted the famous petition for the
retention of the East India Company. Lord Palmer stone
delivered a great speech in the House of Commons on
February 12, 1858, and very ably refuted the arguments
advanced by the company for its retention.
Before however' the Bill became an act, Lord
Palmerstone had in resign. The passage of the “Act for
the better Government of India, 1858" was secured by
the succeeding government.
The immediate cause of this enactment was of course,
the Mutiny. But there were many defects in the system
of Double Government and objections against those
who stood in favor of this Act.
These were as follows:
Firstly, it was argued that the political system of
England was based on the principle that power was
never divorced from responsibility. Whenever any
organ of the constitution exercised any political power,
it was made responsible for its proper use to a body of
the elected representatives of the people. But here was a
group of traders exercising political power over India
without being accountable to any popular body for their
actions.
Secondly, in the words of Bright, the system of Double
Government was a case “of divided responsibility, of
concealed responsibility and of no responsibility"'. The
Board of control, many a time, laid the blame on the
shoulders of the court of Directors, while the tier often
complained that the Board of control was squandering
money on ambitious with the help of the revenue
collected by the company
Thirdly, the system of checks and balances, checks and
counter checks' made the Government slow and clumsy
in its working and a considerable delay was caused in
the disposal of its work. Before it was finally ready in
London, had to move to and fro many a time between
the Board of control and the court of Directors' and
lastly, the East India Company was no longer
exercising any trading functions or effective political
powers. The last vestige of monopoly in trade was
taken away from it in 1833. There was no excuse left
retaining this anachronism. A trading corporation had
no right to be entrusted with political functions.
Provisions of the Act
1. The Government of India passed from the hands of
the English East India Company to the crown. The
Governor-General came to be known as the viceroy.
The Military and Naval forces of the company were
transferred to the crown.
2. The Board of control and the court of Directors were
abolished and their powers were transferred to the
secretary of state for India and his Indian council.
3. The secretary of state was given the power to
superintend, control and directs the Indian affairs. He
was to sit in parliament and was to be assisted by a
parliamentary under - secretary. He was a cabinet
minister of England but his salary and that of his
establishment were paid out of the revenues of India
from 1856 to 1919.
4. The Act created Indian council of fifteen members.
Seven of them were to be elected by the-court it
directors and the remaining eight were to be appointed
by the Crown.
More than half the members of the Indian council were
to be those persons who had lived in India for at least
ten years and had not left India for more than ten years
preceding the date of appointment. Members of the
Indian council were to be holding office during good
behavior. Each member was to be paid £1200 a year out
of Indian revenues.
The secretary of state for India was to be the president
of the Indian council. He was given a vote and a casting
vote in the case of a tie. The council met twice a week.
The concurrence of a majority of members present at a
meeting was required for, Division and distribution of
patronage, for making contracts, sales and purchases on
behalf of the Indian Government and in all matters
connected with the property of the Government of
India. Control over civil and military servants of the
crown was given to India council. It was to make
appointments to the Council of the Governor -
Governor and the Governors.
The Secretary of state was given the power of sending
and receiving secret messages and dispatches from the
Governor-General without the necessity of
communicating them to the Indian Council. The Indian
council was 3 bodies of permanent civil servants chosen
for their knowledge of Indian administration to-
safeguard the Indian revenues against a British
secretary of state for India. The India council was to see
that there was not tampering with the Indian civil
service for political reasons.
The Act of 1858 transferred the Government of India
into the hands of parliament and the latter acquired felt,
formal and legal control over Indian affairs. The
Secretary of state in council writes down certain
directions for the guidance of the Government of India
in its dealing with England.
All projects of legislation, all measures concerning
revenues, construction of public works and railways,
certain new jobs' any question of Policy or any problem
involving new expenditure on a large scale were rigidly
scrutinized and controlled by the secretary of state.
The Act declared the secretary of state for India as a
corporate body who could sue and be sued in England
and in India.
Significance of the Act of 1858
The Act for better Government of India passed in 1858
was an event of great constitutional significance. It
closed one great period of Indian history viz., the rule
of East India Company and ushered in a new era of
direct, rule of the crown. The Act of 1858 merely gave
a burial to the corpse of the Company. The act of 1858
drove the last nail into the coffin of the much-
discredited system of double government. It did away
with the diffusion and dissipation of responsibility
which resulted as a result of division of power of the
government between the court of Directors and the
Board of control.
The Act introduced major changes only in Entrant and
effected only minor changes, in India. But the Act
failed to grant political rights to the Indian and did not
allow them any share in the administration of their
country.
Proclamation of Queen Victoria
A Durbar was held by Canning at Allahabad on Nov1,
1858 to declare the assumption of the Government of
India by the crown. On that occasion, Lord canning also
read out the Queen’s proclamation to the princes and
the people of India.
We are told that the ministers were directed to frame
the draft bearing in mind that it is a female sovereign
who speaks to more than a hundred million of European
people, on assuming the direct Government over them
and after a bloody war, giving them pledges, which her
future reign is to redeem and explaining the principles
of her government.
Such a document should be the feeling of generosity.
Benevolence and religious toleration, and point out the
privileges which the Indians will receive in being
placed on equality with the subjects of the Crown, and
prosperity following in the train of civilization.
Provision of the Acts
The proclamation contained that-
The rule of the East India Company ended from India.
The ruler of England was also the ruler of India.
Following those principles, Queen Victoria became the
Empress of India. The treaties signed with the Indian
ruler earlier were duly recognized. The Principles of
Doctrine of Lapse was withdrawn and it was
proclaimed. Complete liberty was given to Indian rulers
to adopt their son. The Indians would be appointed in
Government service as per their qualification. The
religion and culture of Indian would be given due
respect. Every caste, religion, creed, rich poor became
equal before the laws. At last ensuring every good for
the Indians Queen Victoria had proclaimed-“In their
prosperity will be our strength, in our commitment our
security, and in their gratitude, best reward”.
The proclamation went on to declare unconditional
pardon, amnesty and oblivion for past offences and
ended by declaring that” When by blessings of
Providence internal tranquility will be restored, it is our
earnest desire to stimulate the peaceful industry, to
promote work of public utility and improvement, and to
administer its government for the benefit of all our
subjects resident therein.
Significance
To put it in simple language, the Queen’s Proclamation
assured the Indian princes that their territories will not be
annexed by British Government and they shall be given
the right of adoption. The British Government ordered its
servants in India not to interrupt the religious affairs of
Indian. In framing and administering law in India, due
regard was given to the customs, ancient rites and usages
of India. Indian subjects of Her Majesty were declared
equal with the British subjects in their part of the Empire.
Equal rights and opportunity were guaranteed to the
Indians along with other British subjects. Pardon and
amnesty were offered to all those Indians who were still
in arms against the British Government and who were not
guilty of murder of British Subjects. Treaties of English
East India Company were declared to be in force.
The Queen’s Proclamation of 1858 was a great landmark
in the constitutional history of India. The declaration of
Policy remained the basis of Indian administration up
1917 when a new declaration was made by the British
Government with regard to India. The declaration tried to
remove the fears of the Indian princes by guaranteeing to
them their position. It also gave an assurance to the
Indians that Englishman will not interfere in religious
affairs. Further, this proclamation sealed the unity of
Indian Government and opened a new era. This
memorable proclamation, justly called the Magna Carta
of India, was published at every large town throughout the
country and translated into the vernacular language.
Indian Council Acts of 1861
Indian Council Act of 1861was institutionalized to serve
the necessities of cooperation of Indians in the
administration of the country. The act restored the power
of the Government and the composition of the Governor
General‘s council for executive legislative Purposes.
Indian Council Act of 1861was institutionalized to serve
the necessities of cooperation of Indians in the
administration of the country.
The act restored the power of the Government and the
composition of the Governor General‘s council for
executive & legislative Purposes. It was the first instance
in which the portfolio of Council of Governor-General
was incorporated. Raja Sir Deo Narayan Singh of Banaras
(Jan 1862-1866)
Provisions of the Indian Councils Act 1861
For the executive functions of the Council, a fifth member
was added. Now, there were five members for home,
military, law, revenue and finance. (A sixth member for
public works were added in 1874). Lord Canning, who
was the Governor-General and Viceroy at the time,
introduced the portfolio system. In this system, each
member was assigned a portfolio of a particular
department.
For legislative purposes, the Governor-General‘s Council
was enlarged. Now, there were to be between 6 and 12
additional members (nominated by the Governor-
General). They were appointed for a period of 2 years.
Out of these, at least half of the additional members were
to be non-official (British or Indian). Their functions
were confined to legislative measures. Lord Canning
nominated three Indians to the Council in 1862 namely,
the Raja of Benares, the Maharaja of Patiala and Sir
Dinkar Rao.
Any bill related to public revenue or debt, military,
religion or foreign affairs could not be passed without the
Governor-General‘s assent. The Viceroy had the power to
overrule the council if necessary. The Governor-General
also had the power to promulgate ordinances without the
council‘s concurrence during emergencies.
The Secretary of State for India in Britain could also
dissolve any act passed by the Governor-General‘s
Council. This Act restored the legislative powers of the
Governor-in-Councils of the Presidencies of Madras and
Bombay (which was taken away by the Charter Act of
1833). The legislative council of Calcutta had extensive
power to pass laws for the whole of British India. There
was provision made for the formation of legislative
councils in other provinces.
New provinces could also be created for legislative
purposes and Lieutenant Governors be appointed for
them. Legislative councils were formed in other provinces
in Bengal in 1862, North West Frontier Province in 1886
and Punjab and Burma in 1897.
Assessment of the Indian Councils Act 1861
The legislative council had a limited role. It was chiefly
advisory. No discussion on finance was permitted. Even
though Indians were nominated, there was no statutory
provision for the inclusion of Indians in it.
It allowed for the decentralization of administration with
the vesting of legislative power to the presidencies of
Bombay and Madras. The power of ordinance given to the
governor general gave him absolute powers. The Indian
Council Act of 1861 fulfilled the aspiration of associating
Indians, provided the defective system of law making in
India and defined the powers of the legislative councils.
Hence, in short the act laid the foundation of the
administrative system in India which lasted till the end of
British rule India.
Indian councils act of 1892
The Indian Council Act of 1892 was an Act of the
Parliament of the United Kingdom that empowered
legislative councils in British India by increasing their
size which laid the foundation of the Parliamentary
system in India and considered as the landmark in the
constitutional development of India. The Indian Council
Act of 1892 was an Act of the Parliament of the United
Kingdom that empowered legislative councils in British
India by increasing their size which laid the foundation of
the Parliamentary system in India. Before this act, the
Indian National Congress put forth with some demand
during its session of 1885-1889.
Background
The Indian National Congress (INC) was formed in 1885.
There was a growing feeling of nationalism and this led
the INC to put forth some demands to the British
authorities. One of their demands was the reform of the
legislative councils. They also wanted the principle of
election instead of nomination.
The INC also wanted the right to hold discussions on
financial matters which was hitherto not allowed. The
Viceroy at the time Lord Duffer set up a committee to
look into the matter. But the Secretary of State did not
agree to the plan of direct elections. He, however, agreed
to representation by way of indirect election.
Provisions of the Indian Councils Act 1892
The act increased the number of additional or non-official
members in the legislative councils as follows:
Central Legislative Council: 10 – 16 members
Bengal: 20 members
Madras: 20 members
Bombay: 8 members
Oudh: 15 members
North Western Province: 15
In 1892, out of 24 members, only 5 were Indians. The
members were given the right to ask questions on the
budget (which was barred in the Indian Councils Act
1861) or matters of public interest but had to give notice
of 6 days for it.
They could not ask supplementary question. The principle
of representation was initiated through this act. The
district boards, universities, municipalities, chambers of
commerce and zamindars were authorized to recommend
members to the provincial councils. The legislative
councils were empowered to make new laws and repeal
old laws with the permission of the Governor-General.
Assessment of the Indian Councils Act 1892
It was the first step towards a representative form of
government in modern India although there was nothing
in it for the common man. The number of Indians was
increased and this was a positive step. However, since the
British conceded only a little, this act led indirectly to the
rise of militant nationalism in India. Many leaders like
Bal GangadharTilak blamed Congress‘s moderate policy
of petitions and persuasions for a lack of positive
developments and called for a more aggressive policy
against British rule.
Indian Council Act of 1909
Indian Council Act of 1909 is also known as Morley-
Minto Reform. It was instituted to placate the Moderates
(Congress) and introduces separate electorates on the
basis of religion. Therefore Lord Minto came to be known
as Father of Communal Electorate in India. A Morley-
Minto Reform was another name of Indian Council Act of
1909, AD which was named after the secretary of state
and the Viceroy.
According to this act, the membership of the central and
provincial legislative councils was enlarged. However, the
number of elected members in these councils was less
than half of their total membership. It may also be
remembered that the elected members were not elected by
the people but by landlords, organizations or traders and
industrialists, universities and local bodies. Some seats in
the councils were reserved for Muslims to be elected by
Muslim voters.
Background
Lord Curzon had carried out the partition of Bengal in
1905.
After the Bengal uprising following the partition, the
British authorities understood the need for some reforms
in the governance of Indians the Indian National Congress
(INC) was also agitating for more reforms and self-
governance of Indians. The earlier Congress leaders were
moderates but now extremist leaders were on the rise who
believed in more aggressive methods. INC demanded
home rule for the first time in 1906. Gopala Krishna
Gokhale met Morley in England to emphasize the need
for reforms.
Simla Deputation: A group of elite Muslims led by the
Aga Khan met Lord Minto in 1906 and placed their
demand for a separate electorate for the Muslims.
John Morley was a member of the Liberal government
and he wanted to make positive changes in India‘s
governance. Major provisions of the Morley-Minto
reforms the legislative councils at the Centre and the
provinces increased in size.
Central Legislative Council – from 16 to 60 members
Legislative Councils of Bengal, Madras, Bombay and
United Provinces - 50 members each
Legislative Councils of Punjab, Burma and Assam - 30
members each
The legislative councils at the Centre and the provinces
were to have four categories of members as follows:
Ex officio members: Governor General and members of
the executive council.
Nominated official members: Government officials who
were nominated by the Governor-General.
Nominated non-official members: nominated by the
Governor-General but were not government officials.
Elected members:
Elected by different categories of Indians the elected
members were elected indirectly.
The local bodies elected an electoral college who would
elect members of the provincial legislative councils.
These members would, in turn, elect the members of the
Central legislative council.
The elected members were from the local bodies, the
chambers of commerce, landlords, universities, traders
‘communities and Muslims.
However, since some of the non-official members were
nominated, in total, a non-elected majority was there.
Indians were given membership to the Imperial
Legislative Council for the first time. It introduced
separate electorates for the Muslims.
Some constituencies were earmarked for Muslims and
only Muslims could vote for their representatives.
The members could discuss the budget and move
resolutions. They could also discuss matters of public
interest.
They could also ask supplementary questions. No
discussions on foreign policy or on relations with the
princely states were permitted.
Lord Minto appointed (on much persuasion by Morley)
Satyendra P Sinha as the first Indian member of the
Viceroy‘s Executive Council.
Two Indians were nominated to the Council of the
Secretary of State for Indian affairs.
GOVERNMENT OF INDIA ACT, 1919
Montagu-Chelmsford Reforms Main Features of the Act
Government of India Act, 1919 also known as Montagu
Chelmsford Reforms which came into force in 1921. It
was instituted in the British Indian polity to introduce the
Diarchy, i.e., rule of two which means executive
councilors and popular ministers. During the World War
Britain and her allies had said that they were fighting the
war for the freedom of nations.
Many Indian leaders believed that after the war was over,
India would be given Swaraj. The British government
however had no intention of conceding the demands of
the Indian people. Changes were introduced in the
administrative system as a result of the Montagu-
Chelmsford Reforms, called the Government of India Act,
1919
Main provisions of the Act of1919
Diarchy was introduced, i.e., there were two classes of
administrators – Executive councilors and ministers. The
Governor was the executive head of the province. The
subjects were divided into two lists – reserved and
transferred.
The governor was in charge of the reserved list along with
his executive councilors. The subjects under this list were
law and order, irrigation, finance, land revenue, etc. The
ministers were in charge of subjects under the transferred
list. The subjects included were education, local
government, health, excise, industry, public works,
religious endowments, etc. The ministers were
responsible to the people who elected them through the
legislature.
These ministers were nominated from among the elected
members of the legislative council. The executive
councilors were not responsible to the legislature unlike
the ministers. The Secretary of State and the Governor-
General could interfere in matters under the reserved list
but this interference was restricted for the transferred list.
Legislature:
The size of the provincial legislative assemblies was
increased. Now about 70% of the members were elected.
There were communal and class electorates. Some women
could also vote. The governor‘s assent was required to
pass any bill. He also had veto power and could issue
ordinances also.
Central government Executive:
The chief executive authority was the Governor-General.
There were two lists for administration – central and
provincial. Provincial list was under the provinces while
the center took care of the central list. Out of the 6
members of the Viceroy‘s executive council, 3 were to be
Indian members. i. The governor-general could issue
ordinances. ii. He could also certify bills that were
rejected by the central legislature. A bicameral legislature
was set up with two houses – Legislative Assembly
(forerunner of the LokSabha) and the Council of State
(forerunner of the RajyaSabha).
Legislative Assembly (Lower House)
Members of the Legislative Assembly:
The nominated members were nominated by the
governor-general from Anglo-Indians and Indian
Christians.
The members had tenure of 3 years.
Council of State (Upper House)
Only male members with tenure of 5 years.
Members of the Council of State:
The legislators could ask questions and also vote a part of
the budget. Only 25% of the budget was subject to vote.
Rest was non-notable. A bill had to pass in both houses
before it became a law. There were three measures to
resolve any deadlock between both the houses – joint
committees, joint conferences and join sittings.
The governor-general‘s assent was required for any bill to
become a law even if both houses have passed it. He
could also enact a bill without the legislature‘s consent.
He could prevent a bill from becoming law if he deems it
as detrimental to the peace of the country. He could
disallow any question, adjournment motion or debate in
the house.
Who could vote?
Franchise was restricted and there was no universal adult
suffrage. Voters should have paid land revenue of
Rs.3000 or have property with rental value or have
taxable income. They should possess previous experience
in the legislative council. They should be members of a
university senate. They should hold certain offices in the
local bodies. They should hold some specific titles. All
this narrowed the number of people who could vote to an
abysmal number.
Indian Council
There were to be at least 8 and a maximum of 12
members in the council. Half of the members should have
ten years of experience in public service in India. Their
tenure was to be 5 years. Their salaries were increased
from £1000 to £1200. There were to be 3 Indian members
in the Council.
Merits of the Government of India Act of 1919.
Diarchy introduced the concept of responsible
government. It introduced the concept of federal Structure
with a unitary bias. There was increased participation of
Indians in the administration. They held some portfolios
like labour, health, etc. For the first time, elections were
known to the people and it created a political
consciousness among the people. Some Indian women
also had the right to vote for the first time.
Limitations of the Government of India Act 1919
This act extended consolidated and communal
representation. Franchise was very limited. It did not
extend to the common man. The governor-general and the
governors had a lot of power to undermine the legislatures
at the Centre and the provinces respectively. Allocation of
the seats for the central legislature was not based on
population but the importance of the province in the eyes
of the British.
The Rowlatt Acts were passed in 1919 which severely
restricted press and movement. Despite the unanimous
opposition of Indian members of the legislative council,
those bills were passed. Several Indian members resigned
in protest.
Government of India Act 1935
The Government of India Act of 1935 marked the second
milestone towards a completely responsible government
in India. It ended Diarchy and provided the establishment
of the All India Federation. This act served some useful
purposes by the experiment of provincial autonomy, thus
we can say that the Government of India Act 1935 marks
a point of no return in the history of constitutional
development in India.
On August 1935, the Government of India passed longest
act i.e. Government of India Act 1935 under the British
Act of Parliament. This act also included the Government
of Burma Act 1935. According to this act, India would
become a federation if 50% of Indian states decided to
join it. They would then have a large number of
representatives in the two houses of the central
legislature. However, the provisions with regards to the
federation were not implemented. The act made no
reference even to granting dominion status, much less
independence, to India.
Background
There was a growing demand for constitutional reforms in
India by Indian leaders. India‘s support to Britain in the
First World War also aided in British acknowledgement
of the need for the inclusion of more Indians in the
administration of their own country.
The Act was based on: Simon Commission Report.
The recommendations of the Round Table Conferences
the White Paper published by the British government in
1933 (based on the Third Round Table Conference).
Report of the Joint Select Committees
Provisions: Creation of an All India Federation. This
federation was to consist of British India and the princely
states. The provinces in British India would have to join
the federation but this was not compulsory for the
princely states. This federation never materialized
because of the lack of support from the required number
of princely states.
Division of powers
This Act divided powers between the center and the
provinces. There were three lists which gave the subjects
under each government.
Federal List (Centre)
Provincial List (Provinces)
Concurrent List (Both) The Viceroy was vested with
residual powers.
Provincial autonomy: The Act gave more autonomy to the
provinces. Diarchy was abolished at the provincial levels.
The Governor was the head of the executive. There was a
Council of Ministers to advise him. The ministers were
responsible to the provincial legislatures who controlled
them. The legislature could also remove the ministers.
However, the governors still retained special reserve
powers. The British authorities could still suspend a
provincial government.
Diarchy at the Centre:
The subjects under the Federal List were divided into two:
Reserved and Transferred. The reserved subjects were
controlled by the Governor-General who administered
them with the help of three counselors appointed by him.
They were not responsible to the legislature. These
subjects included defense, ecclesiastical affairs (church-
related), external affairs, press, police, taxation, justice,
power resources and tribal affairs.
The transferred subjects were administered by the
Governor-General with his Council of Ministers (not
more than 10). The Council had to act in confidence with
the legislature. The subjects in this list included local
government, forests, education, health, etc. However, the
Governor-General had special powers to interfere in the
transferred subjects also.
Bicameral legislature:
A bicameral federal legislature would be established. The
two houses were the Federal Assembly (lower house) and
the Council of States (upper house). Federal assembly had
a term of five years. Both houses had representatives
from the princely states also. The representatives of the
princely states were to be nominated by the rulers and not
elected. The representatives of British India were to be
elected. Some were to be nominated by the Governor-
General. There were to be separate electorates for the
minority communities, women and the depressed classes.
Bicameral legislatures were introduced in some provinces
also like Bengal, Madras, Bombay, Bihar, Assam and the
United Provinces.
Federal court:
A federal court was established at Delhi for the resolution
of disputes between provinces and also between the
Centre and the provinces. It was to have 1 Chief Justice
and not more than 6 judges.
Indian Council:
The Indian Council was abolished. The Secretary of State
for India would instead have a team of advisors.
Franchise:
This Act introduced direct elections in India for the first
time. About 10% of the whole population acquired voting
rights.
Reorganization:
Sindh was carved out of the Bombay Presidency. Bihar
and Orissa were split. Burma was severed off from
India.
Aden was also separated from India and made into a
Crown colony. The British Parliament retained its
supremacy over the Indian legislatures both provincial
and federal. A Federal Railway Authority was set up to
control Indian railways. The Reserve Bank of India was
established as per this Act. The Act also provided for
the establishment of federal, provincial and joint Public
Service Commissions.
Cripps Mission
Background:
Japan was advancing outside the eastern borders of
India and the fall of Burma was a jolt to the British in
the war. The threat of a Japanese invasion on India was
looming and Indian support was essential for Britain’s
war efforts. When the 2nd World War broke out in
1939, the Viceroy Lord Linlithgow declared India a
party to the war as part of the British Empire.
This was done without consultation with Indians and
this led to massive protests from the Congress Party.
The party leaders, who were heading 7 provincial
governments resigned from their posts. The Muslim
League celebrated it as ‘Deliverance Day’. Britain was
facing pressure from the US and other allied leaders
over its own imperial policies in India and also to
secure Indian cooperation for the Allied war effort.
This also led the British government to send Cripps to
India. Members of Cripps Mission Stafford Cripps -
Left-wing Labourite, the Leader of the House of
Commons And a member of the British War Cabinet
Lord Pethick - Lawrence – Secretary of State for India
A. V. Alexander - First Lord of the Admiralty
The reasons are given below: Britain suffered many
losses in Southeast Asia and Japan’s threat to invade
India seemed real for them. Hence, Britain wanted
India’s support. Britain was pressurized by the allies
(USA, USSR & China) to seek India’s cooperation.
Indian nationalists had agreed to support the Allied as
they hoped for immediate transfer of substantial power
and complete independence after the war.
Proposals of Cripps Mission
Setting up an Indian dominion:
This dominion would have the freedom to remain with
the British Commonwealth or to secede from it. It
would also be at liberty to take part in international
organizations. A Constituent Assembly would be
formed to frame a new constitution for the country.
This Assembly would have members elected by the
provincial assemblies and also nominated by the
princes.
Any province unwilling to join the Indian dominion
could form a separate union and have a separate
constitution. The transfer of power and the rights of
minorities would be safeguarded by negotiations
between the Constituent Assembly and the British
government. In the meantime, until this new
constitution came into force, India’s defense would be
controlled by the British and the powers of the
Governor-General would remain unaltered.
Indian National Congress Rejected the Mission INC
rejected the Cripps Mission for the following reasons:
The INC was against the provinces’ right to separately
form unions as this was damaging to national unity.
They were also against the Governor-General’s power
being retained as against him being only a
constitutional head. They also protested the lack of
share in defense. There was no concrete plan for the
immediate transfer of power. Muslim League Rejected
the Cripps Mission Muslim League rejected the Cripps
Mission for the following reasons:
They did not like the idea of a single union of India.
They protested against the method for the Constituent
Assembly’s creation and also against the procedure to
decide on the provinces’ accession to the Indian union.
INC rejected the Cripps Mission for the following
reasons: The INC was against the provinces’ right to
separately form unions as this was damaging to national
unity. They were also against the Governor-General’s
power being retained as against him being only a
constitutional head. They also protested the lack of
share in defense. There was no concrete plan for the
immediate transfer of power.
Muslim League Rejected the Cripps Mission Muslim
League rejected the Cripps Mission for the following
reasons: They did not like the idea of a single union of
India. They protested against the method for the
Constituent Assembly’s creation and also against the
procedure to decide on the provinces’ accession to the
Indian union.
CABINET MISSION PLAN
Impact & Purpose:
On 22nd January 1946, the decision to send Cabinet
Mission was taken and on 19th February 1946, the
British PM C.R Attlee Government announced in the
House of Lords about the mission and the plan to quit
India. On 22nd January 1946, the decision to send
Cabinet Mission was taken and on 19th February 1946,
the British PM C.R Attlee Government announced in
the House of Lords about the mission and the plan to
quit India. A high-powered mission of three British
Cabinet members- Lord Pethick-Lawrence, the
Secretary of State for India, Sir Stafford Cripps,
President of the Board of Trade, and A. V. Alexander,
the First Lord of the Admiralty reached Delhi on 24th
March 1946.
Purpose of the Mission:
To resolve political deadlock between the Indian
National Congress and the All-India Muslim League at
their stance to prevent a communal dispute whether
British India would be better-off unified or divided.
The Congress party wanted to obtain a strong central
government with more powers as compared to state
governments. All India Muslim League under Jinnah
wanted to keep India united but with political
safeguards provided to Muslims such as ‘guarantee’ of
‘parity’ in the legislatures. On 16 May 1946, this plan
was announced and preceded by the Shimla Conference
of 1945.
Recommendations of Mission
The unity of India had to be retained.
It proposed a very loose union of all the Indian
territories under a Centre that would control merely
defense, the Foreign Affairs and the Communication.
The Union would have the powers necessary to raise
the finances to manage these subjects. All subjects
other than Union subjects and residuary power would
vest in the provinces of British India.
The Princely Legislatures would then elect a
Constituent Assembly or a Constitution making body
with each province being allotted a specified number of
seats proportionate to its population. The proposed
Constituent Assembly was to consist of 292 members
from British India and 93 from Indian States. The
Mission proposed an immediate formation of Interim
Government at the center, enjoying the support of
major political parties and with the Indians holding all
the portfolios.
Why did the Cabinet Mission fail?
The main reasons for the failure of the Cabinet Mission
are given below:
The Congress Party wanted a strong Centre with
minimum powers for the provinces. The Muslim
League wanted strong political safeguards for the
Muslims like parity in the legislatures. Since both
parties had many ideological differences and could not
find common ground, the mission came up with its own
set of proposals in May 1946. The Dominion of India
would be granted independence, without any partition.
The provinces would be divided into three
groups/sections:
Group A: Madras, Central Provinces, UP, Bihar,
Bombay and Orissa
Group B: Punjab, Sindh, NWFP and Baluchistan
Group C: Bengal and Assam
The Congress was not keen on the idea of the groupings
of provinces on the basis of Hindu-Muslim majority
and vying for control at the Centre. It was also against
the idea of a weak Centre. The Muslim League did not
want any changes to the proposals. Since the plan was
not accepted, a new plan was proposed by the mission
in June 1946.
This plan proposed the division of India into a Hindu-
majority India and a Muslim-majority India later to be
renamed Pakistan. A list of princely states was also
made that could either join the union or remain
independent. The Congress Party under Jawaharlal
Nehru did not accept the second plan. Instead, it agreed
to be part of the constituent assembly.
The Viceroy invited 14 men to form the interim
government. There were 5 from the Congress, 5 from
the League, 1 member each representing the Sikh,
Parsee, Indian Christian and scheduled caste
communities. Both the League and the Congress were
given the right to nominate 5 members to the Viceroy’s
interim council. The Congress nominated Zakir Hussain
as one of the members to which the League objected
saying only it represented Indian Muslims and no other
party. The Muslim League did not take part in it.
The Congress leaders entered the viceroy’s interim
council and thus Nehru headed the interim government.
The new government began the task of framing a
constitution for the country. Congress-led governments
were formed in most provinces including the NWFP. In
Bengal and Sind, the League formed the governments.
Jinnah and the League objected to the new central
government. He geared to agitate for Pakistan and
urged Muslims to demand Pakistan by any means. He
called for ‘Direct Action Day’ on 16 August 1946.
This call led to widespread communal rioting in the
country with 5000 people being killed on the first day
in Calcutta. Communal riots spread to many other areas
notably Noakhali and Bihar. There was a call for the
partitioning of the country on account of the riots.
Sardar Vallabhbhai Patel was one of the first Congress
leaders to acknowledge the inevitability of the partition
as a means to stop the brutal violence.
FORMATION OF CONSTITUENT ASSEMBLY
The Constituent Assembly of India was elected to write
the Constitution of India.
An idea for a Constituent Assembly was proposed in
1934 by M. N. Roy, a pioneer of the Communist
movement in India and an advocate of radical
democracy. It became an official demand of the Indian
National Congress in 1935, C. Rajagopalachari voiced
the demand for a Constituent Assembly on 15th
November 1939 based on adult franchise, and was
accepted by the British in August 1940.
On 8 August 1940, a statement was made by Viceroy
Lord Linlithgow about the expansion of the Governor-
General's Executive Council and the establishment of a
War Advisory Council. This offer, known as the August
Offer, included giving full weight to minority opinions
and allowing Indians to draft their own constitution.
Under the Cabinet Mission Plan of 1946, elections were
held for the first time for the Constituent Assembly.
The Constitution of India was drafted by the
Constituent Assembly, and it was implemented under
the Cabinet Mission Plan on 16 May 1946. The
members of the Constituent Assembly were elected by
the provincial assemblies by a single, transferable-vote
system of proportional representation. The total
membership of the Constituent Assembly was 389 of
which 292 were representatives of the states, 93
represented the princely states and four were from the
chief commissioner provinces of Delhi, Ajmer-
Marwar, Coorg and British Baluchistan. Coorg was
then a separate state.It was absorbed into the erstwhile
Mysore state, now renamed as Karnataka state after the
reorganization of linguistic states in India.The erstwhile
Coorg state forms the Kodagu district in Karnataka and
has its headquarters in MadeKeri.
The elections for the 296 seats assigned to the British
Indian provinces were completed by August
1946.Congress won 208 seats, and the Muslim League
73. After this election, the Muslim League refused to
cooperate with the Congress.Hindu-Muslim riots began,
and the Muslim League demanded a separate
constituent assembly for Muslims in India.
On 3rd June 1947 Lord Mountbatten, the last British
Governor-General of India, announced his intention to
scrap the Cabinet Mission Plan. The Indian
Independence Act was passed on 18 July 1947 and,
although it was earlier declared that India would
become independent in June 1948, this event led to
independence on 15 August 1947.
The Constituent Assembly met for the first time on 9
December 1946. A separate Constituent Assembly of
Pakistan was established on 3 June 1947. The
representatives of the areas incorporated into Pakistan
ceased to be members of the Constituent Assembly of
India. New elections were held for the West Punjab and
East Bengal (which became part of Pakistan, although
East Bengal later seceded to become Bangladesh); the
membership of the Constituent Assembly was 299 after
the reorganization, and it met on 31 December 1947.
The constitution was drafted by 299 delegates from
different caste, religion, gender etc. These delegates sat
over 114 days spread over 3 years (2 years 11 months
and 17days to be precise) and discussed what the
constitution should contain and what laws should be
included. The constitution assembly was chaired by Dr.
B.R Ambedkar. The constitution of India is the biggest
constitution in the entire world as its constitution
comprises laws from other countries' constitution also.
Description of the constituent assembly
The Constituent Assembly of India, consisting of
indirectly elected representatives, was established to
draft a constitution for India. It existed for
approximately three years, the first parliament of India
after independence in 1947. The Assembly was not
elected on the basis of universal adult suffrage, and
Muslims and Sikhs received special representation as
minorities.
The Muslim League boycotted the Assembly after
failing to prevent its creation. Although a large part of
the Constituent Assembly was drawn from the
Congress Party in a one-party environment, the
Congress Party included a wide diversity of opinions—
from conservative industrialists to radical Marxists, to
Hindu revivalists. The Assembly met for the first time
in New Delhi on 9 December 1946, and its last session
was held on 24 January 1950.
The hope of the Assembly was expressed by Jawaharlal
Nehru:
The first task of this Assembly is to free India through a
new constitution, to feed the starving people, and to
clothe the naked masses, and to give every Indian the
fullest opportunity to develop himself according to his
capacity. This is certainly a great task. Look at India
today. We are sitting here and there in despair in many
places, and unrest in many cities.
The atmosphere is surcharged with these quarrels and
feuds which are called communal disturbances, and
unfortunately we sometimes cannot avoid them.
But at present the greatest and most important question
in India is how to solve the problem of the poor and the
starving. Wherever we turn, we are confronted with this
problem. If we cannot solve this problem soon, all our
paper constitutions will become useless and
purposeless. Keeping this aspect in view, who could
suggest to us to postpone and wait?
Background and election
India was still under British rule when the Constituent
Assembly was established following negotiations
between Indian leaders and members of the 1946
Cabinet Mission to India from the United Kingdom.
Provincial assembly elections were held in mid-1946.
The Constituent Assembly had 299 representatives,
including fifteen women.
The Interim Government of India was formed on 2nd
September 1946 from the newly elected Constituent
Assembly. The Congress Party held a large majority in
the Assembly (69 percent of the seats), and the Muslim
League held nearly all the seats reserved in the
Assembly for Muslims. There were also members of
smaller parties, such as the Scheduled Caste Federation,
the Communist Party of India and the Unionist Party.
In June 1947 delegations from Sindh, East Bengal,
Balochistan, West Punjab and the North West Frontier
Province withdrew to form the Constituent Assembly of
Pakistan, meeting in Karachi. On 15th August 1947 the
Dominion of India and Dominion of Pakistan became
independent nations, and members of the Constituent
Assembly who had not withdrawn to Karachi became
India's Parliament.
Twenty-eight members of the Muslim League joined
the Indian Assembly, and 93 members were later
nominated from the princely states; the Congress Party
secured a majority of 82 percent.
Constitution and elections At 11 am on 9th December
1946 the Assembly began its first session, with 207
members attending. By early 1947, representatives of
the Muslim League and princely states joined, and the
Assembly approved the draft constitution on 26
November 1949. On 26 January 1950 the constitution
took effect (commemorated as Republic Day), and the
Constituent Assembly became the Provisional
Parliament of India (continuing until after the first
elections under the new constitution in 1952).
Organization
Dr. Sachchidananda Sinha was the first chairman
(temporary) of the Constituent Assembly.Later Dr.
Rajendra Prasad was elected as the president and its
vice-president was HarendraCoomarMookerjee, a
Christian from Bengal and former vice-chancellor of
Calcutta University. Also chairing the assembly's
Minorities Committee, Mukherjee was appointed
governor of West Bengal after India became a republic.
Jurist B. N. Rau was appointed constitutional adviser to
the assembly; Rau prepared the original draft of the
constitution, and was later appointed a judge in the
Permanent Court of International Justice in The Hague.
The assembly's work had five stages:
Committees presented reports on issues.
B.N. Rau prepared an initial draft based on the reports
and his research into the constitutions of other nations.
The drafting committee, chaired by B. R. Ambedkar,
presented a detailed draft constitution which was
published for public discussion. The draft constitution
was discussed, and amendments proposed and enacted.
The constitution was adopted, with a committee of
experts led by the Congress Party (known as the
Congress Assembly Party) played a pivotal role.
TimeLine of Formation of "The Constitution of India"
6 December 1946: Formation of the Constitution
Assembly. (In accordance with French practice)
9 December 1946: The first meeting was held in the
constitution hall (now the Central Hall of Parliament
House). 1st person to address - J. B. Kripalani.
Temporary president Appointed - Sachchidananda
Sinha. (Demanding a separate state, the Muslim League
boycotted the meeting.)
11 December 1946: President Appointed - Rajendra
Prasad, vice-Chairman HarendraCoomarMookerjee and
constitutional legal adviser B. N. Rau (initially 389
members in total, which declined to 299 after partition.
Out of 389 - 292 were from govt. province, 4 from
chief commissioner province and 93 from princely
states).
13 December 1946: An 'Objective Resolution' was
presented by Jawaharlal Nehru, laying down the
underlying principles of the constitution.
This later became the Preamble of the constitution.
22 January 1947: Objective resolution unanimously
adopted.
22 July 1947: National flag adopted.
15 August 1947: Achieved independence. India Split
into Dominion of India and Dominion of Pakistan.
29 August 1947: Drafting Committee appointed with
Dr. B. R. Ambedkar as the Chairman.
Other 6 members of the committee were : K.M.Munshi,
Muhammad Saadulah, AlladiKrishnaswamyIyer,
Gopala Swami Ayyangar, N. Madhava Rao(He
replaced B.L. Mitter who resigned due to ill-health), T.
T. Krishnamachari(He replaced D.P. Khaitan who died
in 1948),
16 July 1948: Along with Harendra Coomar Mookerjee
V. T. Krishnamachari was also elected as second vice-
president of the Constituent Assembly.
26 November 1949: 'Constitution of India' passed and
adopted by the assembly.
24 January 1950: Last meeting of Constituent
Assembly. 'Constitution of India' all signed and
accepted. (With 395 Articles, 8 Schedules, and 22
Parts)
26 January 1950: 'Constitution of India' came into
force. (It Took 2 Years, 11 Months, 18 Days - at a total
expenditure of 6.4 million to finish)
Ganesh Vasudev Mavalankar was the first speaker
when meeting the assembly of Lok Sabha, after turning
republic.
Committees of the Constituent Assembly
The Constituent Assembly appointed a total of 22
committees to deal with different tasks of constitution-
making. Out of these, eight were major committees and
the others were minor committees.
Major Committees
i. Drafting Committee – B. R. Ambedkar
ii. Union Power Committee – Jawaharlal Nehru
iii. Union Constitution Committee – Jawaharlal Nehru
iv. Provincial Constitution Committee – Vallabhbhai
Patel
v. Advisory Committee on Fundamental Rights,
Minorities and Tribal and Excluded Areas –
Vallabhbhai Patel.
This committee had the following subcommittees:
i. Fundamental Rights Sub-Committee – J. B.
Kripalani
ii. Minorities Sub-Committee – Harendra Coomar
Mookerjee,
iii. North-East Frontier Tribal Areas and Assam
Excluded & Partially Excluded Areas Sub Committee –
Gopinath Bordoloi
iv. Excluded and Partially Excluded Areas (Other than
those in Assam) Sub-Committee – A V Thakkar a.
A. Rules of Procedure Committee – Rajendra Prasad
B. States Committee (Committee for Negotiating with
States) – Jawaharlal Nehru
C. Steering Committee – Rajendra Prasad
D. National flag ad hoc committee – Rajendra Prasad
E. Committee for the function of the constitution
assembly - G V Mavlankar
F. House committee - B Pattabhi Sitaramayya g.
G. Language committee – Moturi Satyanarayana h.
H. Order of business committee - K M Munshi
THE INDIAN INDEPENDENCE ACT OF 1947
The 1947, Indian Independence Act (1947 c. 30 (10 &
11 Geo.6.) Is an Act of the Parliament of the United
Kingdom that partitioned British India into the two new
independent dominions of India and Pakistan?
The Act received the royal assent on July 18, 1947, and
thus India and Pakistan, comprising West (modern day
Pakistan) and East (modern day Bangladesh) regions,
came into being on August 15.
The legislature representatives of the Indian National
Congress, the Muslim League, and the Sikh community
came to an agreement with Lord Mountbatten on what
has come to be known as the 3 June Plan or
Mountbatten Plan.
This plan was the last plan for independence.
Background
Attlee's announcement The Prime Minister of the
United Kingdom announced on February 20th , 1947,
that: The British Government would grant full self-
government to British India by June 3rd , 1948, at the
latest, The future of the Princely States would be
decided after the date of final transfer is decided.
Future of the Princely States Attlee wrote to
Mountbatten on March 18, 1947: "It is, of course,
important that the Indian States should adjust their
relations with the authorities to whom it is intended to
hand over power in British India; but as was explicitly
stated by the Cabinet Mission His Majesty's
Government do not intend to hand over their powers
and obligations under paramount to any successor
Government”.
It is not intended to bring paramount as a system to a
conclusion earlier than the date of the final transfer of
power, but you are authorized, at such time as you think
appropriate, to enter into negotiations with individual
States for adjusting their relations with the Crown.
The princely states would be free from orders and
treaties of British Rule in India. They can either join the
two dominions or stay separate Provisions the Act's
most important provisions were:
Division of British India into the two new dominions of
India and Pakistan, with effect from August 15, 1947
Partition of the Provinces of Bengal and Punjab
between the two new countries.
Establishment of the office of Governor-General in
each of the two new countries, as representatives of the
Crown.
Conferral of complete legislative authority upon the
respective Constituent Assemblies of the two new
countries.
Termination of British suzerainty over the princely
states, with effect from 15 August 1947, and recognized
the right of states to remain independent or accede to
either dominion.
Abolition of the use of the title "Emperor of India" by
the British monarch (this was subsequently executed by
King George VI by royal proclamation on 22 June
1948).
The Act also made provision for the division of joint
property, etc. between the two new countries, including
in particular the division of the armed forces.
Background
1. The Indian Independence Act 1947 was an act of the
British Parliament that partitioned India into two
independent dominions of India and Pakistan.
2. The legislation was drafted by the Labour
government of Clement Attlee. It was based on the
Mountbatten Plan or the 3 June Plan which was
formulated after the leaders of the Indian National
Congress and the Muslim League agreed to the
recommendations of the Viceroy Lord Mountbatten.
3. Lord Mountbatten came to India with the specific
task of seeing over the handing over of the authority to
Indians. But the INC and the League could not agree on
the question on partition.
4. An initial plan proposed by Mountbatten known as
the Dickie Bird Plan was opposed by Nehru.
According to this plan, the provinces were to be
declared independent and then allowed to join or not
join the Constituent Assembly. Nehru opposed this as it
would, in his opinion, would lead to the country‘s
balkanization.
5. Then, Mountbatten came up with the last plan known
as the 3 June Plan which was accepted by all parties.
The INC, which was opposed to any partition of the
country, finally accepted it as an inevitable process.
6. As per this plan, India would be partitioned into India
and Pakistan. The constitution framed by the
Constituent Assembly would not be applicable to the
areas which would go into Pakistan. These provinces
would then decide on a separate constituent assembly.
7. The Legislative Assemblies of Punjab and Bengal
voted for the partition according to which these
provinces were to be divided between the two
dominions along religious lines.
8. The assembly of Sind was given the choice to join
the Indian Constituent Assembly or not. It decided to
join Pakistan.
In the North Western Frontier Province (NWFP) and
Sylhet, a referendum was to be held which would
decide the country they were to join.
9. The complete legislative authority would be given to
the Constituent Assemblies of the new countries.
10. The Act decided to grant independence to India and
Pakistan with effect from 15th August 1947.
11. The new boundaries of the dominions would be
demarcated by the Boundary Commission.
12. British suzerainty over the princely states was to
end. These states could decide to join either India or
Pakistan or remain independent. Over 560 states
decided to merge with India.
13. The British emperor would cease to use the title
‘Emperor of India‘.
14. Until the new dominions ‘constitutions would
become effective, the heads of state would be the
respective Governor-Generals who would continue to
assent laws passed by the Constituent Assemblies in the
name of the king. 15. This Act received the royal assent
on 18th July 1947 and entered into force.
16. Pakistan became independent on 14th August and
India on 15th August 1947. Muhammad Ali Jinnah was
appointed Pakistan‘s Governor-General and Lord
Mountbatten became India‘s.
PREAMLE
WE, THE PEOPLE OF INDIA, having solemnly
resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC
REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and
worship;
EQUALITY of status and of opportunity; and to
promote among them all
FRATERNITY assuring the dignity of the individual
and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-
sixth day of November, 1949, do HEREBY ADOPT,
ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION
We, the people of India.
The phrase “We the people of India” emphasises that
the constitution is made by and for the Indian people
and not given to them by any outside power.
It also emphasizes the concept of popular sovereignty
as laid down by Rousseau: All the power emanates
from the people and the political system will be
accountable and responsible to the people.
Nature of Indian state
Sovereign: India is internally and externally sovereign –
externally free from the control of any foreign power
and internally, it has a free government which is
directly elected by the people and makes laws that
govern the people. No external power can dictate the
government of India.
Socialist: “Socialism” as an economic philosophy
where means of production and distribution are owned
by the State. India adopted Mixed Economy, where
apart from the state; there will be private production
too. Socialism as a social philosophy stresses more on
societal equality.
Secular: Features of secularism as envisaged in the
Preamble is to mean that the state will have no religion
of its own and all persons will be equally entitled to the
freedom of conscience and the right freely to profess,
practice and propagate the religion of their choice. (S R
Bommai and Others v Union of India, AIR 1994 SC
1918)
Democratic: Indicates that the Constitution has
established a form of Government which gets its
authority from the will of the people. The rulers are
elected by the people and are responsible to them.
Republic: As opposed to a monarchy, in which the head
of state is appointed on the hereditary basis for a
lifetime or until he abdicates from the throne, a
democratic republic is an entity in which the head of
state is elected, directly or indirectly, for a fixed tenure.
The President of India is elected by an electoral college
for a term of five years. The post of the President Of
India is not hereditary. Every citizen of India is eligible
to become the President of the country.
Objectives of Indian State
Justice: Social, Economic and Political.
Equality: of status and opportunity.
Liberty: of thought, expression, belief, faith and
worship
Fraternity (Brotherhood) : assuring the dignity of the
individual and the unity and integrity of the nation.
Date of its adoption
Date of adoption of the Constitution is 26th November,
1949. But most of the articles in Constitution came into
force on January 26th, 1950. Those articles which came
into existence on 26th November 1949 are given by
Article 394.
Article 394 states that this article (394) and articles 5, 6,
7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and
393 shall come into force at once, and the remaining
provisions of this Constitution shall come into force on
the twenty-sixth day of January, 1950, which day is
referred to in this Constitution as the commencement of
this Constitution.
26 January was selected for this purpose because it was
this day in 1930 when the Declaration of Indian
Independence (Purna Swaraj) was proclaimed by the
Indian National Congress.
The preamble-page, along with other pages of the
original Constitution of India, was designed and
decorated solely by renowned painter Beohar
Rammanohar Sinha of Jabalpur.
As originally enacted the preamble described the state
as a “sovereign democratic republic”. In 1976
the Forty-second Amendment changed this by adding
words socialist and secular to read
“sovereign socialist secular democratic republic”.