Indian constitution and its Evolution

Indian Constitution and its Evolution

Constitution

Meaning of Constitution

A Constitution is the supreme and fundamental law of a country that lays down the basic principles on which the Government (or Governance) functions.
It provides the framework, structure, and guiding principles for the functioning of the organs of Government.
It also defines the relationship between the Government and the Citizens, ensuring the proper distribution and exercise of powers.

Functions of a Constitution

Framework of Government

- Establishes the organisation, powers, and functions of the Legislature, Executive, and Judiciary.

Regulation of Government–Citizen Relations

- Specifies the rights, duties, and interactions between the State and its Citizens.

Basis of Governance

- Acts as the foundation of governance, ensuring that the administration functions according to constitutional principles rather than arbitrary authority.

Written Constitution

With the notable exception of the United Kingdom (U.K.), almost all democratic countries have a Written Constitution.
India also possesses a detailed Written Constitution, which was framed and enacted by a Constituent Assembly specifically constituted for this purpose.

Indian Constitution

Adoption of the Constitution

The Constitution of India was framed and adopted by the Constituent Assembly of India on 26 November 1949.

Enforcement

It came into full force on 26 January 1950, a day celebrated every year as Republic Day.

Original Features

At the time of its commencement, the Constitution contained:

22 Parts
395 Articles
8 Schedules

Dynamic Nature

The Constitution of India is not static; it is amended from time to time to meet the changing needs and aspirations of the nation while preserving its basic constitutional framework.

Evolution of Indian Constitution

Although ancient India had institutions that reflected constitutional principles, the direct origin of the Indian Constitution lies in the administrative and legislative reforms introduced by the British. These constitutional developments gradually evolved and ultimately led to the framing of the world’s longest written Constitution.

Administrative & Legislative Reforms Before 1857

Regulating Act of 1773

Enacted on the recommendations of a committee headed by British Prime Minister Lord North.
Brought the East India Company under the supervision and control of the British Parliament.
Designated the Governor of Bengal as the Governor-General of Bengal, with authority over the Presidencies of Calcutta, Bombay, and Madras.
Warren Hastings became the first Governor-General of Bengal.
Established the Supreme Court at Calcutta (now Kolkata).
Empowered the Governor-General to frame rules, regulations, and ordinances with the approval of the Supreme Court.

Pitt’s India Act of 1784

Enacted to strengthen and improve the provisions of the Regulating Act, 1773 and bring greater discipline to the Company’s administration.
Created a 4-member Board of Control, headed by a British Cabinet Minister, to supervise the Company’s affairs.
Vested all political and administrative matters of the Company under the Board of Control.
Left trade and commercial affairs under the authority of the Court of Directors of the East India Company.
Required the Provincial Governments to act according to the instructions of the Central Government, while the Governor-General was empowered to suspend or dismiss provincial governments that failed to comply.

Charter Act of 1793

Consolidation of Earlier Reforms

Consolidated the major provisions of the previous Charter Acts, ensuring continuity in the Company’s administration.

Financial Provisions

Salaries of the members of the Board of Control were to be paid from Indian revenues, strengthening British administrative control over India.

Judicial Powers

Courts were authorised to interpret rules and regulations, giving them a greater role in the legal framework of British India.

Charter Act of 1813

End of Trade Monopoly

Abolished the trade monopoly of the East India Company, opening Indian trade to other British merchants (except trade in tea and China, which remained under Company control).

Administrative Changes

Expanded the powers of the Governors-in-Council of Madras, Bombay, and Calcutta, while placing them under closer supervision of the British Parliament.

Promotion of Missionary Activities

Permitted Christian Missionaries to enter India and propagate Christianity.

Financial Powers of Local Bodies

Empowered Local Autonomous Bodies to levy taxes for local administration and public purposes.

Charter Act of 1833

Centralisation of Legislative Authority

Granted the Governor-General and his Council extensive legislative powers to make laws for the whole of India, subject to the approval of the Board of Control.

Financial Centralisation

Entrusted the Governor-General’s Council with complete authority over revenue administration.
Introduced a Single Budget for the entire country, prepared by the Governor-General.

Transformation of the East India Company

Reduced the East India Company from a commercial organisation to a purely administrative and political body.
Included several British Ministers and Lords as ex-officio members of the Board of Control.

Change in Official Nomenclature

For the first time, the administration headed by the Governor-General came to be known as the “Government of India”, while his executive body was designated the “Indian Council.”

Charter Act of 1853

Final Charter Act

Became the last of the Charter Acts, introducing significant reforms in the legislative and administrative system of British India.

Basis of the Reforms

The Act was enacted on the basis of the recommendations of Governor-General Lord Dalhousie to improve the Company’s administration.

Provincial Administration

Provided for the appointment of a Separate Governor for Bengal, recognising its growing administrative importance.

Separation of Functions

Clearly separated the Legislative and Executive functions of the Governor-General’s Council, improving administrative efficiency.

Civil Services Reform

Introduced Competitive Examinations for the recruitment of East India Company employees, laying the foundation of a merit-based Civil Service.

Parliamentary Control

Empowered the British Parliament to terminate the Company’s rule in India whenever it considered appropriate, further reducing the Company’s autonomy.

Charter Act of 1793

Consolidation of Earlier Reforms

Consolidated the major provisions of the previous Charter Acts, ensuring continuity in the Company’s administration.

Financial Provisions

Salaries of the members of the Board of Control were to be paid from Indian revenues, strengthening British administrative control over India.

Judicial Powers

Courts were authorised to interpret rules and regulations, giving them a greater role in the legal framework of British India.

Charter Act of 1813

End of Trade Monopoly

Abolished the trade monopoly of the East India Company, opening Indian trade to other British merchants (except trade in tea and China, which remained under Company control).

Administrative Changes

Expanded the powers of the Governors-in-Council of Madras, Bombay, and Calcutta, while placing them under closer supervision of the British Parliament.

Promotion of Missionary Activities

Permitted Christian Missionaries to enter India and propagate Christianity.

Financial Powers of Local Bodies

Empowered Local Autonomous Bodies to levy taxes for local administration and public purposes.

Charter Act of 1833

Centralisation of Legislative Authority

Granted the Governor-General and his Council extensive legislative powers to make laws for the whole of India, subject to the approval of the Board of Control.

Financial Centralisation

Entrusted the Governor-General’s Council with complete authority over revenue administration.
Introduced a Single Budget for the entire country, prepared by the Governor-General.

Transformation of the East India Company

Reduced the East India Company from a commercial organisation to a purely administrative and political body.
Included several British Ministers and Lords as ex-officio members of the Board of Control.

Change in Official Nomenclature

For the first time, the administration headed by the Governor-General came to be known as the “Government of India”, while his executive body was designated the “Indian Council.”

Charter Act of 1853

Final Charter Act

Became the last of the Charter Acts, introducing significant reforms in the legislative and administrative system of British India.

Basis of the Reforms

The Act was enacted on the basis of the recommendations of Governor-General Lord Dalhousie to improve the Company’s administration.

Provincial Administration

Provided for the appointment of a Separate Governor for Bengal, recognising its growing administrative importance.

Separation of Functions

Clearly separated the Legislative and Executive functions of the Governor-General’s Council, improving administrative efficiency.

Civil Services Reform

Introduced Competitive Examinations for the recruitment of East India Company employees, laying the foundation of a merit-based Civil Service.

Parliamentary Control

Empowered the British Parliament to terminate the Company’s rule in India whenever it considered appropriate, further reducing the Company’s autonomy.

Administrative & Legislative Reforms After 1857

Government of India Act, 1858

Transfer of Power to the British Crown

Following the Revolt of 1857 (often regarded by Indian historians as the First War of Independence), the British Crown assumed direct control over India, ending the rule of the East India Company.
This Act is also known as the Government of India Act, 1858, which formally established Crown Rule in India.

Nature of British Administration

Introduced complete British Imperial control over India with no provision for popular participation in governance.
Marked the beginning of the British Raj (1858–1947).

Secretary of State for India

The powers of the British Crown were exercised through the Secretary of State for India.
The Secretary of State was assisted by a Council of India, consisting of 15 members, to advise on Indian affairs.
The Secretary of State was directly answerable to the British Parliament, making Parliament the supreme authority over Indian administration.

Provincial Administration

India was divided into Provinces, each administered by a Governor or Lieutenant Governor, supported by an Executive Council.
The Provincial Governments functioned under the superintendence, direction, and control of the Governor-General.

Position of the Governor-General

The Governor-General in Council became the chief executive authority for governing India.
Although he administered India, he remained responsible to the Secretary of State, thereby ensuring direct British Parliamentary control over Indian affairs.

Indian Councils Act, 1861

Constitutional Importance

Considered a major milestone in the constitutional development of India.
Continued the system introduced by the Government of India Act, 1858, under which the Secretary of State for India, assisted by the 15-member Council of India, exercised the powers of the British Crown.
The Governor-General, assisted by his Executive Council, remained responsible for the day-to-day administration of India.

Introduction of Indian Representation

Authorised the Governor-General to nominate Indian representatives to participate in the legislative process.
This marked the first association of Indians with law-making, although their role remained limited and advisory.

Expansion of the Legislative Council

Required the Governor-General’s Executive Council to include additional non-official members while performing legislative functions.
These members could participate in legislative discussions, but they possessed neither representative status nor deliberative powers in the modern democratic sense.

Decentralisation of Legislative Powers

Began the process of legislative decentralisation by restoring law-making powers to the Governments of Bombay and Madras.
This reduced the excessive centralisation of legislative authority that had existed since the Charter Act of 1833.

Indian Councils Act, 1892

Expansion of Legislative Councils

Increased the participation of non-official members in the Indian Legislative Council.
Non-official members of the Central Legislative Council were to be nominated by bodies such as the Bengal Chamber of Commerce and the Provincial Legislative Councils.
Non-official members of the Provincial Councils were to be nominated by Universities, District Boards, Municipalities, Zamindars, and other recognised local bodies.

Limited Financial & Parliamentary Powers

Empowered the Legislative Councils to discuss the Annual Budget for the first time.
Allowed members to ask questions to the Executive, though with several procedural restrictions.

Morley–Minto Reforms & Indian Councils Act, 1909

Background

Based on the recommendations of Lord Morley (Secretary of State for India) and Lord Minto (Viceroy of India).
Implemented through the Indian Councils Act, 1909.

Expansion of Central Legislature

Increased the strength of the Governor-General’s Legislative Council from 16 (under the Act of 1892) to 60 members (excluding Executive Councillors).

Enlargement of Provincial Councils

Expanded the Provincial Legislative Councils by introducing a larger number of elected non-official members.
As a result, the official majority in the Provincial Councils was abolished.

Introduction of Electoral Principle

Introduced the principle of election into the Central Legislative Council for the first time.
However, the official majority at the Central level continued to be maintained.

Increased Legislative Powers

Permitted the Legislative Councils to move resolutions on the Budget.
Allowed discussion on matters of public interest, except subjects relating to Defence, Foreign Affairs, and the Indian Princely States.

Introduction of Separate Electorates

Introduced Separate Electorates for Muslims for the first time.
This laid the foundation of communal representation and later contributed to the growth of separatist politics.

Government of India Act, 1915

Consolidation of Earlier Laws

Enacted to consolidate and simplify the provisions of the previous Government of India Acts into a single legislation.

Montagu–Chelmsford Reforms & Government of India Act, 1919

Background

Based on the recommendations of Edwin S. Montagu (Secretary of State for India) and Lord Chelmsford (Governor-General & Viceroy).
Their proposals were implemented through the Government of India Act, 1919.

Introduction of Responsible Government in Provinces

Introduced the concept of Responsible Government in the Provinces, while retaining the overall authority of the Governor.
Established the system of Dyarchy (Dual Government) in the Provinces.

Division of Subjects

Central Subjects

Central Subjects remained exclusively under the Central Government.

Provincial Subjects

Provincial Subjects were divided into two categories:
1. Transferred Subjects
2. Reserved Subjects

1. Transferred Subjects

- Administered by the Governor with the assistance of Ministers responsible to the Provincial Legislative Council.
- The proportion of elected members in the Provincial Legislature was increased to about 70%.

2. Reserved Subjects

- Administered directly by the Governor and his Executive Council.
- The Executive remained not responsible to the Provincial Legislature for these subjects.

Provincial Financial Autonomy

Relaxed the earlier system of Central Financial Control over the Provinces.
Divided the sources of revenue between the Centre and Provinces, enabling Provinces to finance their own administration.
Separated the Provincial Budget from the Central Budget.
Empowered the Provincial Legislatures to prepare their own budgets and levy taxes on provincial sources of revenue.

Powers of the Central Government

The Central Legislature continued to possess the authority to legislate for the entire country on all Central subjects.
The Governor-General retained supervisory control over Provincial legislation.
Even if a Provincial Bill received the Governor’s assent, it became law only after the Governor-General’s approval, where required.

Special Powers of the Governor-General

Could reserve Bills for his own consideration.
Continued to remain responsible only to the British Parliament through the Secretary of State for India.

Introduction of Bicameralism

Established Bicameral Legislature at the Centre for the first time.

Council of State (Upper House)

- Named the Council of State.
- Consisted of 60 members, of whom 34 were elected.

Legislative Assembly (Lower House)

- Named the Legislative Assembly.
- Consisted of about 144 members, of whom 104 were elected.

Expansion of Communal Representation

Extended the Separate Electorate System on a communal and sectional basis, further strengthening the Morley–Minto Reforms.

Overriding Powers of the Governor-General

The Governor-General enjoyed extensive overriding powers over the Central Legislature, including:

- Prior sanction was mandatory for introducing Bills on specified subjects.
- Power to veto Bills or reserve them for the consideration of the British Crown.
- Authority to certify and enact a Bill even if it had been rejected by the Legislature.
- Power to promulgate Ordinances during emergencies.

Simon Commission

Establishment

The Simon Commission, headed by Sir John Simon, was appointed in 1927 to review the working of the Government of India Act, 1919.

Report & Outcome

The Commission submitted its Report in 1930.
Its recommendations were examined by the British Parliament, which later formed the basis for drafting the Government of India Act, 1935.

The Government of India Act, 1935

Introduction of an All-India Federation

Proposed the establishment of an All-India Federation comprising the British Indian Provinces and the Princely States (Indian States).
Joining the Federation was optional for the Princely States.
Since the Princely States refused to join, the Federation never came into existence.

Division of Legislative Powers

Clearly distributed legislative powers between the Centre and the Provinces, laying the foundation of the present federal structure.

Provincial Executive

The Executive Authority of each Province was vested in the Governor, who exercised it on behalf of the British Crown, and not as a subordinate of the Governor-General.
The Governor was generally required to function with the advice of the Council of Ministers, who were responsible to the Provincial Legislature.

Discretionary Powers of the Governor

In specified matters, the Governor could act in his individual discretion, without ministerial advice.
While exercising these discretionary powers, the Governor remained under the control and direction of the Governor-General, and ultimately the Secretary of State for India.

Executive at the Centre

The Executive Authority of the Centre was vested in the Governor-General, who exercised it on behalf of the British Crown.
Although the Act provided for a Council of Ministers responsible to the Federal Legislature, such a Council was never constituted.

Bicameral Legislature at the Centre

Introduced a Bicameral Federal Legislature, consisting of:
- Federal Assembly (Lower House)
- Council of State (Upper House)

Provincial Legislatures

Bicameral Provinces

- Six Provinces were provided with a Bicameral Legislature, consisting of:
  - Legislative Assembly
  - Legislative Council

Unicameral Provinces

- The remaining Provinces continued with a Unicameral Legislature.

Powers of the Governor-General over Legislation

Apart from the power of veto, the Governor-General could also reserve Bills for the assent of the British Crown.
He could prevent discussion on any Bill if he believed it would interfere with the discharge of his special responsibilities.
The Governor-General possessed independent legislative powers, exercisable concurrently with the Legislature.

Prior Sanction of the Governor-General

Certain Bills or Amendments could not be introduced in the Legislature without the prior sanction of the Governor-General.

Three-Fold Distribution of Subjects

The Act introduced a three-fold distribution of legislative subjects:

Federal List

- Included subjects over which only the Federal Legislature had the exclusive power to legislate.

Provincial List

- Included subjects over which only the Provincial Legislatures had exclusive legislative authority.

Concurrent List

- Included subjects on which both the Federal and Provincial Legislatures were empowered to legislate.

Residuary Powers

The Governor-General was authorised to empower either the Federal Legislature or the Provincial Legislature to legislate on subjects not included in any of the three legislative lists.

Dominion Status

Although the Simon Commission (1929) had recommended granting Dominion Status to India, the Government of India Act, 1935 did not confer Dominion Status upon the country.

Cripps Mission (1942)

Background

In March 1942, Sir Stafford Cripps, a member of the British Cabinet, was sent to India with a Draft Declaration outlining the future constitutional proposals of the British Government.

Objective

To secure the support of the Indian National Congress and the Muslim League during the Second World War.
The proposals were intended to be implemented after the end of World War II, provided they were accepted by the major political parties.

Major Proposals

Constituent Assembly

- Proposed that the Constitution of India should be framed by an Elected Constituent Assembly, representing the people of India.

Dominion Status

- Promised to grant Dominion Status to India after the war.

Indian Union

- Proposed the creation of a Single Indian Union, consisting of British Indian Provinces and the Princely States.

Right of Provinces to Opt Out

- Any Province or Princely State unwilling to accept the new Constitution would be free to retain its existing constitutional position.
- Such non-acceding Provinces or States could negotiate separate constitutional arrangements with the British Government.

Cabinet Mission Plan (1946)

Background

In March 1946, British Prime Minister Lord Attlee sent the Cabinet Mission to India.
The Mission consisted of:
- Lord Pethick-Lawrence
- Sir Stafford Cripps
- A. V. Alexander

Objective

To facilitate India’s peaceful transfer of power at the earliest possible date.
To establish a Constituent Assembly for framing the Constitution of India.

Stand on Partition

Rejected the demand for a Separate Constituent Assembly and an Independent Pakistan as proposed by the Muslim League.

Proposal for the Union of India

Recommended the formation of a Union of India, comprising:
- British Indian Provinces
- Princely States

Subjects under the Union Government

The Union Government was to exercise jurisdiction only over:
- Foreign Affairs
- Defence
- Communications
All Residuary Powers were to remain with the Provinces and the Princely States.

Union Legislature & Executive

The Union was to have:
- An Executive
- A Legislature
Both were to consist of representatives from the Provinces and the Princely States.

Decision-Making on Communal Issues

Any legislation involving major communal questions required:
- A majority of representatives from each of the two major communities, and
- A majority of all members present and voting.

Provincial Autonomy

Provinces were permitted to form Groups with their own:
- Executives
- Legislatures
Each Provincial Group was empowered to administer Provincial Subjects.

The Mountbatten Plan (1947)

The plan for the Transfer of Power and the Partition of India was laid down through the Mountbatten Plan.
It was formally announced by the British Government on 3 June 1947.

The Indian Independence Act, 1947

Enactment

Passed by the British Parliament to implement the Mountbatten Plan.
The Government of India Act, 1935 was suitably amended through the Adaptation Orders for both India and Pakistan until they framed their own Constitutions.

End of British Rule

From 15 August 1947, India ceased to be a British Dependency.
The Paramountcy (Suzerainty) of the British Crown over the Princely States came to an end.
All Treaty Relations with the Tribal Areas also lapsed from the same date.

Abolition of the Secretary of State

The office of the Secretary of State for India was abolished, ending direct control by the British Government.

Powers of the Governor-General & Governors

The Governor-General and the Provincial Governors lost their extraordinary legislative powers to override the Legislature.

Abolition of the Central Legislature

The existing Central Legislature of India, comprising:
- Legislative Assembly
- Council of State
Ceased to exist on 14 August 1947.

Constituent Assembly as Legislature

The Constituent Assembly of India functioned simultaneously as the Central Legislature, exercising full sovereign legislative powers until the Constitution came into force.