Evolution of the Indian Constitution : Historical Background (Part - 4)
We will understand the material related to the development of the Indian Constitution in the following four parts, whose links are as follows –
- Evolution of the Indian Constitution : Historical Background (Part - 2)
- Evolution of the Indian Constitution : Historical Background (Part - 4)
We can divide the development of the Indian Constitution mainly into two categories –
- Acts passed under the British East India Company (1773 – 1853)
- Regulating Act 1773
- Act of Settlement 1781
- Act of 1786
- Pitt's India Act 1784
- Charter Act, 1793
- Charter Act, 1813
- Charter Act, 1833
- Charter Act, 1853
- Acts passed under the British Crown (1857 – 1947 )
- Government of India Act, 1858
- Indian Councils Act, 1861
- Act of 1873
- Imperial Titles Act, 1876
- Indian Councils Act, 1892
- Indian Councils Act, 1909 (Minto-Morley Reforms)
- Government of India Act, 1919 (Magtegue-Chelmsford Reforms)
- Simon Commission, 1927
- Government of India Act, 1935
- Indian Independence Act, 1947
B. Acts Passed Under The British Crown (1857 – 1947 )
After the Military Mutiny of 1857 AD (also known as India's First War of Independence or Sepoy Mutiny), the Company's rule passed into the hands of the British Crown. Thus, for the time period from 1857 AD to 1947 AD, Acts were passed by the British Crown. they are as follows -
- Government of India Act, 1858
- Indian Councils Act, 1861
- Act of 1873
- Imperial Titles Act, 1876
- Indian Councils Act, 1892
- Indian Councils Act, 1909 (Minto-Morley Reforms)
- Government of India Act, 1919 (Magtegue-Chelmsford Reforms)
- Simon Commission, 1927
- Government of India Act, 1935
- Indian Independence Act, 1947
5. Indian Councils Act, 1892
- Through this, the number of additional (non-official) members was increased by indirect election in the Central and Provincial Legislative Councils, although the majority was of official members only.
- Members were given the right to debate on the budget and ask questions in public interest.
- The main feature of this act was the provision of electoral system.
6. Indian Councils Act, 1909 (Minto-Morley Reforms)
In 1909, Lord Marley was the Secretary of State for India in England and Lord Minto was the Viceroy of India. During 1906 to 1908, some constitutional reforms were proposed by him, which were recognized in the Government of India Act in 1909. This reform is known as Minto-Marley reform.
- By this, the size of the Central and Provincial Legislative Councils was significantly increased. Its number was increased from 16 to 60 in the Central Legislative Council, while their number was increased differently in different provinces.
- The official majority was maintained in the Central Legislative Council, while non-official members were allowed majority in the Provincial Legislative Council.
- Indians were appointed to the Secretary of India and the Viceroy's Executive Council.
- By this, representation was given to Indians in both law making and administration. Satyendra Prasad Sinha became the first Indian member of the Viceroy's Executive Council. He was made a law member.
- For the first time, the Central and Provincial Legislative Councils were given the right to debate on the budget, ask supplementary questions, present proposals and vote on subjects of public interest.
- For the first time separate representation was provided for the Muslim community, under which only Muslim voters could elect Muslim members. Thus communalism was legalized and Lord Minto was known as the father of communal elections.
7. Government of India Act, 1919 (Magtegue-Chelmsford Reforms)
- This reform is also called the devolution rule.
- Through this act, arrangements were made for the establishment of bicameral legislature and direct election. The rights of these two houses were equal, only the lower house (Lok Sabha) had the right to approve the budget.
- State Council (Rajya Sabha) – Number of members – 60, in which 34 elected members and 26 nominated, tenure – 5 years.
- Central Legislative Assembly (Lok Sabha) – Number of members – 144, in which 104 elected, 40 nominated, tenure – 3 years.
- Diarchy system was implemented in the provinces. Lyoness Cartius was the father of diarchy in the provinces.
- Identifying the list of central and provincial subjects, they were separated and the central control over the states was reduced.
- Provincial subjects were again divided into two sub-categories –
- Reserved subject
- Administration on these subjects was done by the governor and his executive council.
- Under reserved subject – finance, land tax, famine relief, justice, police, pension, criminal castes, printing press, newspapers, irrigation, waterways, mines, factories, electricity, gas, boilers, labor welfare, industrial disputes, motor vehicles , minor ports, public services etc.
- Transferred subject or transferred subject
- Administration on these subjects was done by the Governor with the help of ministers responsible to the Legislative Council.
- Under transferred subjects – education, library, museum, local self-government, medical aid, public works department, excise, industry, weight and measure, control over public entertainment, religious and agrahara charity etc.
- The authority to appoint the Auditor General of India was conferred by the Secretary of India.
- A Public Service Commission was formed. Therefore, in 1926, on the recommendation of the 'Lee Commission', the 'Central Public Service Commission' was formed for the recruitment of civil servants.
- In the Viceroy's Executive Council, three out of six members were made necessary to be Indians (except the post of Commander-in-Chief).
- For the first time, the Union budget was separated from the state budget.
- To increase communalism, the principle of separate electorate was also extended to other religions such as Sikhs, Indian Christians, Anglo-Indians and Europeans.
- Through this law, a limited number of people were given franchise on the basis of property, tax or education, as well as women got the right to vote for the first time.
- Under this, a statutory commission was also formed, whose task was to submit its report after 10 years after examining the above works.
8. Simon Commission, 1927
- Two years before the completion of ten years of the Government of India Act, 1919, the formation of a seven-member Constitutional Commission under the leadership of Sir John Simon was announced to ascertain the status of the Constitution in India.
- All the members in this commission were British, due to which it was opposed.
- The commission presented its report in 1930, according to which it was recommended to continue the diarchy system, expansion of governments in the states, establishment of the Union of British India and continuation of the communal election system.
- To consider the recommendations of the commission, the British government organized three round-table conferences with British India and the princely states.
- Based on the discussion held in the Round Table Conference, a White Paper was placed before the Joint Select Committee of the British Parliament, after which the recommendations of the Commission were incorporated in the Government of India Act, 1935 with some amendments.
9. Government of India Act, 1935
- All India Union - By this an All India Union was established, under which this union was made up of 11 British provinces, six commissioner areas and native princely states. Thus the federal government was established in India.
- Provincial Autonomy – By ending the diarchy system in the provinces, they were given an independent and self-governing constitutional basis.
- Establishment of Diarchy at the Center – By this the legislative powers were divided into the Central and Provincial Legislatures. Therefore, three lists were made for the division of powers –
- Confederation List – Power was given to the Union by this. Under this, subjects like foreign affairs, currency and currency, navy, army, air force, census, civil service, etc. were kept.
- Provincial List – By this the power was given to the Provincial Legislative Assembly. Police, education, provincial public service, etc. were kept under this.
- Concurrent List – By this, both the Union and the Provinces were empowered, that is, both the Union and the Provinces can make laws on these subjects. But in the event of conflict, the law made by the Center has been given recognition. Under this, criminal law and procedure, civil procedure, marriage and divorce, etc. are included.
- System of Federal Court – By this, in 1937 AD, a Federal Court was established for the entire Union of India, in which there was a Chief Justice and two other assistant judges.
- Supremacy of the British Parliament – The British Parliament had the right to make changes in any article or act.
- End of the Council of India – By this, the Council of India established in the Government of India Act, 1858 came to an end and the Secretary of India got a team of advisors.
- Expansion of communal election system – By expanding communalism, Dalit castes, women and working class were included in it.
- Separation of Verma from India – By this in 1935, Verma was separated from India and two new provinces Sindh and Orissa were created.
- Establishment of Reserve Bank of India – Reserve Bank of India was established to control the currency and credit of the country.
- About 10% of the population got the right to vote through this act.
10. Indian Independence Act, 1947
- This act was presented in the British Parliament on 4 July 1947 and passed on 18 July 1947.
- The words 'Emperor of India' were abolished from the royal title.
- It had 20 streams.
- Two independent dominions of India and Pakistan were established.
- By this the post of Viceroy was abolished and provision was made for one Governor General each for both the dominions, whose appointment was made on the advice of the Council of Ministers.
- Under this, the Governor General of India and the provincial governors were appointed as the constitutional head of the state. He had to act on the advice of the council of ministers of the states on all matters.
- Till the constitution is not made, the Constituent Assembly will work as the Legislature.
- The office of the Minister of India was also abolished.
- By ending the supremacy of Britain on the princely states, they were voluntarily provided with the freedom to merge with India or Pakistan.
- Sylhet district voted in favor of Pakistan in a plebiscite before this act came into force.
- From August 15, 1947, the end of British sovereignty over the Indian princely states was announced. With this, the British intervention on tribal settlement relations also ended.
First Cabinet of Independent India (in 1947 )
- Jawaharlal Nehru — Prime Minister, Commonwealth Relations and Foreign Affairs, Scientific Research
- Sardar Vallabhbhai Patel — Home, Information and Broadcasting, State Affairs
- Dr. Rajendra Prasad — Food and Agriculture
- Maulana Abul Kalam Azad —— Education
- RK Shanmukham Shetty -- Finance
- Dr. B. R. Ambedkar —— Law
- Dr. John Mathai — Railways and Transport
- Sardar Baldev Singh —— Defense
- Princess Amritkaur — Health
- Rafi Ahmed Kidwai——Communication
- Jagjivan Ram—Labor
- C. H. Bhabha — Commerce
- Dr. Shyama Prasad Mukherjee —— Industry and Supply
- V. N. Gadgil — Works, Mining and Energy
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