Constitution at a Glance

CONSTITUTION AT A GLANCE:

CHAPTER 1 HISTORICAL UNDERPINNINGS 1. REGULATING ACT OF 1773 a. British government assumes responsibility to regulate affairs of the company b. Recognized the political and administrative functions of the company c. Laid foundations of central administration in India Salient features 1. 2. 3. 4. 5.

Governor of Bengal - governor general of Bengal (lord Warren Warren Hastings ) Governors of Bombay and Madras are made subordinate to him Supreme court at Kolkata (1774) Prohibited servants of company from accepting bribes or involving in private trade Court of directors of the company to report to British govt. on its civil military and revenue affairs in India

2. PITTS INDIA ACT 1784 a. Board of control created. The new body to manage political affairs. And to oversee civil military revenue issues of British possession in India b. Court of directors to oversee commercial affairs c. British government assumed supreme control over affairs of the company 3. CHARTER ACT OF 1833 a. Governor General of Bengal – governor general of India (William Bentinck). For the first time created government of India I ndia having control over the entire territorial area possessed by British in India b. Governors off Bombay and Madras deprived of their legislative powers. Governor general of India was given legislative powers for entire India c. Attempted to introduce open competition for selection of civil servants. Court of directors opposed the move 4. CHARTER ACT OF 1853 a. Distinguished between legislative and executive functions of governor general. Created a separate body(6 members) which came to be known as Indian Legislative council, to work as a parliament for India. b. Introduced open competition for entry into civil services. Accordingly the Macaulay commission was appointed in 1854 c. Introduced local representation in the Indian Legislative Council. Four of the six members are to be nominated by local provinces Madras Bombay Bengal and Agra.

5. GOVERNMENT OF INDIA ACT OF 1858 (Act for Good Governance of India ) a. India shall be governed by Her Majesty. Governor General of India as Viceroy of India. (Lord Canning) b. Ended the system of double government by abolishing board of co ntrol and court of directors c. Secretary of state created. Complete authority over Indian administration. Member of British cabinet. Established 15- member council to assist him. He is made the chairman of the council d. This act focused on the improvement administrative machinery by which Indian government was to be supervised. But did not alter the system of government that prevailed in Indi 6. COUNCILS ACT OF 1861 a. Sowed seeds of representation. Viceroy to nominate Indians as Non- Official members of his expanded council. (raja of Benares, raja of Patiala, sir Dinkar Rao) b. Started decentralization. Bombay and Bengal provinces restored their legislative powers. c. Established new legislative councils for Bengal (1862), NWFP (1866), Punjab (1897) d. Authorized portfolio system. Member of VICEROY’S executive council to head departments of government and issue final orders on behalf of the council. e. Empowered the viceroy to issue ordinance in times of emergency. 7. COUNCILS ACT OF 1892 a. Increased the number of non official members in the central and provincial legislature but maintained the official majority. b. Increased the functions of legislative council. Can discuss budget and address questions to the executive c. Viceroy to nominate some non official members to the council on the recommendation of provincial legislatures and Bengal chamber of commerce, 8. COUNCILS ACT OF 1909 (Morley Minto reforms ) a. Increased the size of legislative councils (16 - 60). b. Retained official majority in central legislative councils but allowed provincial legislative council to have non- official majority c. Increased the functions of the councils. Members can address questions and move resolutions. d. First time, Indians are associated with the executive council of viceroy. ( Satyendra Prasad Sinha – law member ) e. Communal representation for Muslims – separate electorate. Muslim members to be elected by Muslims only.

9. GOVERNMENT OF INDIA ACT OF 1919 (MONTAGU – CHELMSFORD REFORMS) a. Demarcated central and provincial subjects. Provincial subjects further divided into transferred (to be administered by governor through minister) reserved subjects (to be administered through members of executive councils) b. Introduced bicameralism. Members of the houses are predominantly chosen by direct election c. Three of 6 members of the viceroy’s executive council shall be I ndians d. Extended the principle of communal representation to Sikhs, Christians etc. e. Granted franchisee to limited people on basis off education, tax property etc. f. Established central public service commission I 1926 to recruit civil servants g. Provincial budgets separated from union budget SIMON COMMISSION 1. 7 member statutory commission under the chairmanship of sir john Simons to report on the functioning of the new constitution. It submitted report in 1930. And recommended a. Abolition of diarchy b. Extension of responsible government in provinces. c. Establishment of federation of Indian states and provinces. d. Continuation of communal electorate and so on 2. To study the proposals, 3 round table conferences were convened. “ a white paper on constitutional reforms was prepared. 3. 1932, Ramsay Macdonald announced communal award. It continued separate representations for Muslims, Christians etc and also extended it to depressed classes. Gandhi was distressed. Took fast unto death in Yeravada jail ( Poona). Poona pact was signed. The Hindu joint electorate was continued and depressed classes were given separate seats 10. GOVERNMENT OF INDIA ACT OF 1935 a. Provided for establishment of all India federation consisting of provinces and princely states. Divided powers into federal, provincial and concurrent lists. Residuary powers were given to viceroy b. Introduce provincial autonomy. The provinces to act as autonomous units of administration. This came into effect in 1937 and was discontinued in 1939 c. Tried to introduce diarchy at the centre. But the provision did not come into force d. Introduced bicameralism in 6 out of 11 provinces e. Extended communal representation to depressed classes women and labor f. It extended franchise to about 10 percent of the population g. Reserve bank of india to control credit and currency of the country – 1935 h. Federal and provincial public services commissions i. Federal court in 1937

11. INDEPENDENCE ACT OF 1947 a. Ended British rule in India and declared India as a sovereign state b. Provided for partition of the country with the right to secede from the British commonwealth of nations c. Abolished viceroy d. Empowered CA to frame and adopt any constitution e. Empowered CA to be Parliament till new constitution was formed f. Abolished the office of the secretary of state. g. Proclaimed the lapse of paramountcy of British crown h. Granted freedom to princely states to join India or Pakistan i. Deprived British monarch right to veto bills j. Governor generals designated as constitutional heads k. Dropped the title of emperor of India

CHAPTER 2 MAKING OF THE CONSTITUTION  

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IN 1935, INC demanded a Constituent Assembly to frame the constitution of India In 1938, Nehru declared that the constitution of a free India shall be framed without outside interference , by a constituent assembly elected on the basis of Universal Adult Franchise The demand was accepted by the British in what is known as the august offer 1940 1942, sir Stafford Cripps came to India with proposals to frame independent constitution after world war 2. ML rejected them, they wanted separate country. Finally cabinet mission came. It rejected the idea of partition but put forth a sch eme of constituent assembly which satisfied the Muslim league