Historical Background of the Indian Constitution

Before 1947, India was separated into two primary elements,

  • The British India which comprised of 11 areas and the Princely states managed by Indian rulers under subsidiary alliance policy. 
  • The two elements consolidated to shape the Indian Union, however a considerable lot of the heritage frameworks in British India is followed even at this point. 
  • The underpinnings and advancement of the India Constitution can be followed to numerous Regulations and Acts passed before Indian Independence.

Indian System of Administration

  • Indian majority rule government is a Parliamentary type of vote based system where the leader is dependable to the Parliament. 
  • The Parliament has two houses : Lower house (Loksabha) and Upper house (Rajyasabha).
  •  Additionally, the sort of administration is Federal, i.e., there is discrete executive and legislature at Centre and States. 
  • There exists self-governance at local government levels.
  •  All these frameworks owe their heritage to the British administration.
Historical Evolution of Indian Constitution
There are different layers in the background of the Indian Constitution
  • Regulating Act 1773
  • Pitt’s India Act 1784
  • Charter Act of 1813
  • Charter Act of 1833
  • Charter Act of 1853
  • Government of India Act 1858
  • Indian Councils Act 1861
  • India Councils Act 1892
  • Morley-Minto Reforms 1909
  • Montague-Chelmsford Reforms 1919
  • Government of India Act 1935
  • Indian Independence Act 1947
These Acts were somehow or another instrumental for the advancement of the Indian Constitution.

Regulating Act of 1773

  • The initial step was taken by the British Parliament to control and direct the undertakings of the East India Company in India.
  • It assigned the Governor of Bengal (Fort William) as the Governor-General (of Bengal).
  • Warren Hastings became the first  Governor-General of Bengal.
  • Executive Council of the Governor-General was set up which consists of Four members.
  • There was no separate legislative council.
  • It subordinated  the Governors of Bombay and Madras to the Governor-General of Bengal.
  • The Supreme Court was set up at Fort William, Calcutta as the Apex Court in 1774.
  • It prohibited workers of the company from participating in any private exchange or accepting bribes or gifts from the locals.
  • Court of Directors, the governing body of the organization should report its revenue income.

 Pitt’s India Act of 1784 

  • Separation of  commercial  and political elements of the company.
  • Court of Directors managed the Commercial activities
  •  Board of Control for political issues.
  • Decreased the strength of the Governor General's council to three individuals. 
  • Placed the Indian issues under the immediate control of the British Government.
  • The companies domains/territories in India were designated as "the British possession in India"(i.e.., the British belonging in India).
  • Lead representative's chambers (Governor’s Councils) were set up in Madras and Bombay.

Charter Act of 1813

  • This Act terminated the East India Company's monopoly over trade with India except in Tea and Opium. Exchange/Trade with India was open to all British subjects.

Charter Act of 1833

  • Governor-General of Bengal  turned into the Governor-General of India.
  • First Governor-General of India was Lord William Bentick.
  • This was the last step towards centralization in British India.
  • Start of a Central legislature for India as the demonstration likewise removed authoritative legislative powers of Bombay and Madras.
  • The Act ended the activities of the East India Company as a commercial body and it was turned into an administrative body.
Charter Act of 1853

  • The Executive and legislative functions of  the Governor-General's Council were separated.
  • A Legislative Council has 6 members out of which 4 members were appointed by the provisional governments of  Bombay, Bengal, Madras and Agra.
  • A system of open recruitment of  Civil Servants (Indian Civil Service) was introduced.
Government of India Act of 1858

  • After the 1857 Revolt, The rule of Company was replaced by the rule of the Crown in India.
  • The secretary of State for India was created.
  • The powers of the British Crown were to be exercised by the Secretary of State for India
  • He was assisted by the Council of India, having 15 members
  • The complete authority was vested in him and control over the Indian administration through the Viceroy as his agent
  • The Governor-General was made the Viceroy of India. Lord Canning was the first Viceroy of India.
  • The Board of Control and Court of Directors were abolished.

Indian Councils Act of 1861 

  • For the first time it introduced provisions for the entry of Indians in the Viceroy's Executive Council also as non-official members.
  • 3 Indians entered the Legislative council.
  • In Centre and Provinces Legislative Councils were established.
  • The Viceroy’s Executive Council should have some Indians as the non-official members while performing the legislative functions.
  • Portfolio system got recognition.
  • The process of  Decentralisation was initiated by restoring the legislative powers to the presidencies of Bombay and Madras.

Indian Councils Act of 1892

  • Introduced Indirect elections (nominations).
  • Expanded the size and functions of the Legislative Councils.
  • And gave them the powers, such as the discussion of Budget and questioning the Executive.
Indian Councils Act of 1909 (Morley-Minto Reforms)

  • It introduced Direct elections to Legislative Councils for the first time.
  • The name of Central Legislative Council was changed to the Imperial Legislative Council.
  • Central Legislative Council members was increased to 60 from 16.
  • A system  "Separate electorate" of communal representation for Muslims was accepted.
  • An Indian for the first time was made a member of the Viceroy's Executive Council (Satyendra Prasanna Sinha, law member).
Government of India Act 1919 (Montague-Chelmsford Reforms)

  • The Central subjects were separated from the Provincial subjects.
  • ‘Dyarchy’ (Dual Governance), was introduced in the Provincial subjects.
  • Under this system, the provincial subjects were divided into transferred list and reserved list.
  • Executive Councillors are in-charge of the reserved list and the ministers are in-charge of the transferred list of subjects. 
  • Governor was not responsible to the Legislative council in reserved subjects.
  • Bicameral Legislature was introduced for the first time. i.e. Legislative council and Legislative assembly.
  • Legislative Assembly has 140 members and Legislative council has 60 members.
  • The Act extended the Right to Vote. i.e., about 10% of  the population acquired voting rights.
  • It mandated that the 3 of the 6 members of the Viceroy’s Executive Council (other than Commander-in-Chief) to be Indians.
  • It provided for the first time, the establishment of the Public Service Commission in India.
Government of India Act 1935

  • It introduced for the establishment of an All-India Federation consisting of the British India and the Princely States, though this never came into existence.
  • Subjects categorized into 3 Lists.
  • Namely, the Federal List, the Provincial List and the Concurrent List.
  • The Federal List for the Centre consists of 59 items, the Provincial List for the Provinces consists of 54 items and the Concurrent List for both consists of 36 items.
  • Residuary powers were vested with the Governor-General.
  • Dyarchy was abolished at the Provincial level and introduced at the Centre.
  • Provincial Autonomy was granted and introduced bicameralism in 6 out of 11 Provinces.
  • These 6 Provinces were Bengal, Bombay, Madras, Bihar, Assam and the United Province.
  • Established a Federal Court.
  • Abolished the Indian Council.
  • Provided for the establishment of RBI.
  • Burma and Aden were separated from British India.
  • This Act continued until it was replaced by the New Constitution of India.
Indian Independence Act of 1947

  • Declared India as an Independent and Sovereign State.
  • Formed  responsible Governments at the Centre and the Provinces.
  • The Viceroy and the Provincial Governors were made Constitutional (Nominal) heads.
  • It assigned both Legislative and Executive powers to the Constituent Assembly
  • Declared this dominion legislature as a Sovereign body.