History of Indian Constitution-160705045750

1
“All constitutions are the heirs of the past as well as

the testators of the future……………”
- Jennings
On 26th January, 1950, the present Constitution of India was

brought into force which announced to world the birth of
a new republic.
The constitution of the Indian Republic is the product not of

a political revolution, but of the research & deliberations of
a body of eminent representatives of the people.
These people improved the existing system of administration,

thus making constitutional development for a proper
understanding.
2
It is said
by - Wade & Philips,
“A Constitution means a
document, having a special legal sanctity
which sets out the frame work and the
principle functions of the organs of the
Government of a State and declares the
principles governing the operations of those
organs.”
3
It means the rule which regulates
the structure of the principal organs
of the Government and their
relationship to another, and
determines theirs principle
functions.
4
It is, however not necessary to go to any period
beyond what is known as the ‘British Period’ for modern
political institutions originated & developed in that period
only.
The institutions establish by Hindus – Olden Days &
Muslim – Medieval Period have become a past, & they do
not survive in any form in the present day.
The British Period in the history of India began with
incorporation of “East India Company” in the year 1600 in
England.
Now let us study the various phases of the growth of
our constitution from the advent of the English on Indian
shore till this day… 5
We can broadly divide the period as
follows :-
 1600 – 1765 :- The Coming of the British.

 1765 – 1858 :- Beginning of the British
Rule.
 1858 – 1919 :- End of Company’s Rule.
 1919 – 1947 :- Introduction of Self Government.
 1947 – 1950 :- The Framing of the New
Constitution. 6
 The Government of India Act, 1858 :-
• The Act of 1858 transferred Government of India from the Company to the British
Crown.
• India henceforth to be governed by and in the name of “Her Majesty”.
• All the powers were in hands of Her Majesty’s Secretary of State.
• The powers of the Crown were transferred or tobe exercised by the secretary of state for
India assisted by a council of 15 members.
 The Essential Features of the System introduced by Act of 1858 :-
• The administration of the country was not only unitary but rigidly centralized. The
provincial Governments were mere agents of the government of India and had to
function under the superintendence, direction and control of the Governor – General .
• There was no Separation of functions. All the Authority for governance of India - civil
& military , executive & legislative was vested in the hands of Governor – General in
Council.
• The control of the Secretary of State over the Indian administration was absolute. The
secretary has - superintendence, direction and controls of all acts related to the government
of India.
• The entire machinery of administration was bureaucratic, totally unconnected about public
opinion in India. 7
 The Indian Council’s Act, 1861 :-
•The Act enlarged the council of the Governor- General for the purpose of
making laws and regulations by the additions of not less than 6 and not
more than 12 ‘ Additional Members’ : half of these were to be non-
officials members.
•This Act suffered from many defects. It gave unlimited power to
the governor – general rather than people.
 The Indian Council ‘s Act, 1892 :-

This Act achieved three things : -
• It increased the number of members in the Central and Provincial
Council
• Introduced the election systems partially, and
• Enlarged the functions of the Council.
It is true that the Act laid down the foundation of the
representative Government but it also suffered from many
defects. 1st defect- that the system of election was defective.
2nd defect – the power of Legislative Councils were very
limited. 8
 The Morley – Minto Reform & The Indian Council
Act, 1909 :-
The first attempt at introducing a representative and
popular element was made by Morley – Minto Reforms
known by names of the Secretary of State (Lord Morley)
& Viceroy Lord Minto which implemented by the Indians
Council Act, 1909.
By this Act the size of Legislative Councils ,
Central as well as Provincial was considerably increased. The
powers where also enlarged.
The council had also the right of discussing &
moving a resolution on the financial statement but they
were not given the power of voting.
9
 Montagu – Chelmsford Report :- The landmark report in constitutional
development which led to enactment of the Government of India Act, 1919.
 Main Features of Act, 1919 :-
1. The Declaration – promised for responsible government to India.
2. Dyarchy in the Provinces – Double Rule. It s objects was to train the natives
in the act of Self-Government.
3. Central Government – It was responsible to British parliament through
the Secretary of State. It has a bicameral legislature.
4. Structure of Government to remain unitary – Central Legislative had power
to legislative on any matter. Government of India remained unitary and
centralized government with the Governor General-in-Council as the key
stone of constitution.
5. Shortcoming of Act, 1919 – Reforms of 1919, failed to fulfill aspirations of
the people of India. Its reasons where -
1st non fulfillment of the demands for responsible Government.
2nd the failure of Dyarchy. 10
 Simon Commission :-
oBritish Government appointed a Statutory Commission known
as Simon Commission.
oThis commission was constituted for 10 yrs. The commission
was headed by Sir John Simon.
oAfter 10 yrs of completion Simon submitted his report in 1930. The
Report was considered by a Round Table Conference consisting of the
British Government & British India as well as of the Rulers of
Indian states was to unite the Indian States with the rest of India
under a federal scheme.
 The Government of India Act, 1935 :-
This Act regarded as the full milestone on the highway
leading to full responsible government. The basic features of the Act
were –
• federation & provincial autonomy
• Dyarchy at the Centre
• A bicameral central legislative created
• Distribution of powers between center and provinces. 11
 Cripps Mission :-
Cripps Mission came in 1942 & recognized the demand
that..
• a constitution to be framed by an elected constituent assembly.
• Indian to be given a dominion status.
Cripps proposal were rejected. The labour party came
into power in England. The Labour Govt. was more sympathetic
towards India and wanted to solve the Indian problem with this
end in view the cabinet mission was send to India.
 Cabinet Mission, 1946 – Formation of Constituent
Assembly :-
The cabinet Mission came into India on 4th March 1946. It consisted of
3 British members – Lord Pethic Lawrence, Sir Stafford Cripps, Mr. Alexander.
 The Cabinet Mission provided for an indirectly elected constituent
assembly.
 The Assembly consisted of total 389 members. From which – 292 to be
elected from Provinces, 93 to be nominated from princely states, 4 to be nominated
from chief common areas.
 The paramountacy of the Crown was to lapse. 12
 Joint Constituent Assembly for India & Pakistan :-
•The 1st meeting of the constituent assembly was held on Dec 9, 1946.
•But it was boycotted by Muslim League.
•Muslim League demanded a separate assembly for Pakistan.
•On 26th July 1947 – Governor General Lord Mountbatten announced the
setting of a separate constituent assembly for Pakistan.
 Indian Independence Act, 1947 ( Mountbatten Plan) :-

Creation of 2 Independent Dominions i.e. India & Pakistan from 15th
August 1947.
Dominions to Have Governor – General appointed by King.
Constituent Assemblies were empowered to frame laws.
After 15th August 1947 – No control of British Government on
Dominion of the provinces.
Till New Constitutions came into existence - Dominions & the provinces
were governed by Government India Act, 1935.
Post of Secretary – abolished – taken over by Secretary of Common Wealth
of Nation.
` So , Indian Independence Act, 1947 came into force on 15th
August 1947.
 The struggle for independence was thus over by 15th August 1947. But
the attainment of independence was not an end itself.
 The 1st tasks undertaken by independent India was framing of New
Constitution.
 The 1st meeting of the assembly was held on 9th Dec 1946 as the sovereign
Constituent Assembly for India. On 11th Dec , Dr. Rajendra Prasad was
elected as permant Chairman.
 The Draft constitution was publish in Jan, 1948. The people of India were
given 8 months to discuss the Draft & propose amendments.
 The Draft constitution was considered for 114 days.
 The New Constitution of India was adopted by the constituent assembly
on 26th Nov 1949 & signed by the President Dr. Rajendra Prasad.
 Some of new provisions of constitution, where came into force on 26th Jan
1950 & this was the date on which constitution was commenced.
14
 The Indian Constitution is criticized to be borrowed
from number of other constitutions.
 But it doesn’t mean that all the provisions are borrowed
and implemented……
 It has gone through a great amount of research on and
above the borrowings from the other constitutions, to
make the present Indian constitution.
 These valuable inputs are largely influenced by factors
like, Social, Economic & Geographical
factors……
 And hence, the Indian Constitution came into force after
a huge period.
15
Thank You
16

History of Indian Constitution-160705045750

Uploaded by

Copyright:

Available Formats

History of Indian Constitution-160705045750

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

History of Indian Constitution-160705045750

Uploaded by

Copyright:

Available Formats

1

“All constitutions are the heirs of the past as well as

On 26th January, 1950, the present Constitution of India was

The constitution of the Indian Republic is the product not of

These people improved the existing system of administration,

 1600 – 1765 :- The Coming of the British.

 The Indian Council ‘s Act, 1892 :-

 Indian Independence Act, 1947 ( Mountbatten Plan) :-

You might also like