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Introduction
The constitutional development of India is a crucial topic for UPSC aspirants as it encompasses the historical evolution of the laws and regulations that shaped modern India. This chapter details the legislative acts and reforms from the late 18th century until India gained independence in 1947.
Constitutional Development of India
The constitutional development in India can be categorised into two major periods:
Under the East India Company (1773-1858)
Under British Rule (1858-1947)
Constitutional Development Under the East India Company (1773-1858)
Regulating Act, 1773
Purpose: To address corruption and management issues within the East India Company.
Key Provisions:
Established the office of the Governor-General of Bengal (first Governor-General: Warren Hastings).
Created an executive council of four members to assist the Governor-General.
Set up a Supreme Court in Calcutta to handle legal matters.
Prohibited Company servants from engaging in private trade.
Significance: This act marked the beginning of parliamentary control over the East India Company and laid the foundation for future governance structures.
Act of Settlement, 1781
Purpose: To amend and clarify the Regulating Act of 1773.
Key Provisions:
Defined the powers of the Supreme Court and restricted its jurisdiction over the Governor-General and Council.
Allowed the Governor-General and Council to engage in revenue collection without interference from the Supreme Court.
Significance: This act aimed to resolve conflicts between the Supreme Court and the executive authority.
Pitt’s India Act, 1784
Purpose: To rectify the shortcomings of the Regulating Act and bring more control to the British government.
Key Provisions:
Created a Board of Control in Britain to oversee the civil, military, and revenue affairs of the Company.
Reduced the powers of the Court of Directors.
The Governor-General's authority extended over Bombay and Madras presidencies.
Significance: Established dual control of the Company and the British Crown, leading to more structured governance.
The Act of 1786
Key Provisions:
Allowed the Governor-General to override his council under exceptional circumstances.
Strengthened the Governor-General’s authority.
Significance: Enhanced the centralised power of the Governor-General.
Charter Act of 1793
Key Provisions:
Renewed the East India Company's charter for 20 years.
Increased the powers of the Governor-General and his council.
Authorised the Governor-General to override the council's decisions.
Significance: Centralised administrative control further and continued the British presence in India.
Charter Act 1813
Key Provisions:
Ended the Company’s monopoly on trade in India, except for tea and trade with China.
Allowed missionaries to propagate Christianity in India.
Provided for the promotion of education and knowledge in India.
Significance: Introduced more liberal trade policies and promoted education.
Charter Act 1833
Key Provisions:
Made the Governor-General of Bengal the Governor-General of India (first Governor-General: Lord William Bentinck).
Centralised legislative powers in the hands of the Governor-General’s council.
Allowed Indians to serve in public offices.
Significance: Laid the foundation for a centralised administrative structure in India.
Charter Act, 1853
Key Provisions:
Separated the executive and legislative functions of the Governor-General’s council.
Introduced open competition for the recruitment of civil servants.
Provided for the addition of six new members to the Governor-General’s council for legislative purposes.
Significance: Marked the beginning of the modern Indian administrative system.
Constitutional Development Under British Rule
Indian Councils Act, 1861
Purpose: To include Indians in the legislative process.
Key Provisions:
Viceroy could nominate Indians to the expanded legislative council.
Provincial legislative councils were established.
Viceroy could issue ordinances during emergencies.
Significance: Initiated the process of legislative decentralisation and increased Indian participation.
The Indian Councils Act of 1892
Key Provisions:
Expanded the number of members in the central and provincial legislative councils.
Introduced the concept of indirect elections.
Allowed legislative councils to discuss budgets and address questions to the executive.
Significance: Gave a limited role to Indians in the legislative process and introduced elements of representative governance.
The Indian Councils Act of 1909
Purpose: Also known as the Morley-Minto Reforms.
Key Provisions:
Expanded the size of legislative councils at both levels.
Introduced separate electorates for Muslims.
Allowed Indians to be nominated to the Viceroy’s executive council.
Significance: Introduced communal representation and furthered the policy of divide and rule.
The Government of India Act 1919
Purpose: Known as the Montagu-Chelmsford Reforms.
Key Provisions:
Introduced dyarchy in provincial governments.
Increased Indian participation in the central and provincial legislatures.
Subjects were divided into reserved and transferred categories.
Significance: Laid the groundwork for future self-governance and increased Indian involvement in administration.
Nehru Report, 1928
Purpose: Drafted by Motilal Nehru and other Indian leaders.
Key Provisions:
Proposed a dominion status for India.
Recommended a bicameral legislature, joint electorates, and universal adult suffrage.
Significance: First comprehensive attempt by Indians to draft a constitution.
Government of India Act, 1935
Key Provisions:
Introduced provincial autonomy and abolished dyarchy.
Established a federal structure with a central government and provincial governments.
Created an All-India Federation.
Significance: Laid the framework for the Constitution of India and introduced significant administrative changes.
August Offer, 1940
Provisions:
Promised dominion status after the war.
Constituent Assembly to frame the constitution.
Significance: Attempted to gain Indian support during World War II but was rejected by Indian leaders.
Cripps Mission, 1942
Purpose: To secure Indian support for World War II.
Key Provisions:
Proposed India be given dominion status after the war.
Constituent Assembly to be formed to draft a constitution.
Significance: Rejected by Indian leaders but highlighted the need for a constitution.
Cabinet Mission, 1946
Key Provisions:
Proposed a three-tier federal structure.
Constituent Assembly to draft the constitution.
Grouping of provinces into three sections.
Significance: Led to the formation of the Constituent Assembly and laid the path for India’s independence.
Interim Government, 1946
Provisions:
Formed under Jawaharlal Nehru’s leadership.
Included leaders from both the Indian National Congress and the Muslim League.
Significance: Functioned as a provisional government until independence.
Interim Government (1946): Members and Portfolios Held
Jawaharlal Nehru: Vice President and External Affairs
Sardar Vallabhbhai Patel: Home Affairs and Information and Broadcasting
Dr. Rajendra Prasad: Food and Agriculture
Maulana Abul Kalam Azad: Education
C. Rajagopalachari: Education
Liaquat Ali Khan: Finance
Baldev Singh: Defence
Asaf Ali: Railways and Transport
Mountbatten Plan, 1947
Provisions:
Proposed the partition of India and Pakistan.
Laid out the plan for the transfer of power.
Significance: Led to the creation of two independent dominions.
Indian Independence Act of 1947
Provisions:
Ended British rule in India.
Established India and Pakistan as two independent dominions.
Significance: Marked the birth of independent India and Pakistan.
First Cabinet of Free India (1947): Ministers and Portfolios Held
Jawaharlal Nehru: Prime Minister and External Affairs
Sardar Vallabhbhai Patel: Home Affairs
Dr. Rajendra Prasad: Food and Agriculture
Maulana Abul Kalam Azad: Education
Baldev Singh: Defence
R.K. Shanmukham Chetty: Finance
Prelims Facts: From this chapter
Regulating Act, 1773: First step towards central administration.
Charter Act of 1833: Governor-General of Bengal became Governor-General of India.
Government of India Act, 1935: Introduced provincial autonomy and federal structure.
Cripps Mission, 1942: Proposed dominion status post-World War II.
Mountbatten Plan, 1947: Basis for the partition of India
Previous Year Civil Service Questions:
Q.1) Which of the following acts introduced the system of dyarchy in the provinces of British India? (UPSC Prelims 2019)
(a) Government of India Act, 1858
(b) Government of India Act, 1919
(c) Government of India Act, 1935
(d) Indian Councils Act, 1909
Answer: (b) Government of India Act, 1919
Q.2) Which one of the following is not a feature of Indian federalism? (UPSC Prelims 2018)
(a) There is an independent judiciary in India.
(b) Powers have been clearly divided between the Centre and the States.
(c) The federating units have been given unequal representation in the Rajya Sabha.
(d) It is the result of an agreement among the federating units.
Answer: (d) It is the result of an agreement among the federating units.
Q.3) The Parliament of India exercises control over the functions of the Council of Ministers through (UPSC Prelims 2017)
(a) Adjournment motion
(b) Question hour
(c) Supplementary questions
(d) None of the above
Answer: (b) Question hour
Q.4) The mind of the makers of the Constitution of India is reflected in which of the following? (UPSC Mains 2016)
(a) The Preamble
(b) The Fundamental Rights
(c) The Directive Principles of State Policy
(d) The Fundamental Duties
Answer: (a) The Preamble
Q.5) The Constituent Assembly of India was elected by the (UPSC Mains 2015)
(a) Provincial Assemblies
(b) Members of the erstwhile Central Legislative Assembly
(c) Direct election by the people of India
(d) British Parliament
Answer: (a) Provincial Assemblies
Examine the significance of the Government of India Act, 1935, in shaping India's constitutional framework. (UPSC 2018)
Discuss the impact of the Montagu-Chelmsford Reforms on India's constitutional development. (UPSC 2016)
Evaluate the role of the Nehru Report in shaping India's struggle for independence. (UPSC 2014)
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