Sunday, 1 November 2020

BRIEF HISTORICAL BACKGROUND OF THE CONSTITUTION OF INDIA

 Historical Background

The Constitution of Indian Republic is the product of the research and deliberations of a body of eminent representatives of the people who sought to improve upon the existing system of administration.

Government of India Act 1858

1858 British assumed sovereignty over India from East India Company

Power was exercised by Secretary of State for India and Council of Ministers

Features:

a.    Administration was centralized. Territories were divided into provinces with a Governor. Governor reported to Governor general

b.    All authority – civil, military, executive and legislative – in the hands of Governor General who was responsible to Secretary of state

c.    Control of Secretary of State over Indian administration was absolute. He had the last work in all matters.

Indian Councils Act 1861

Governor Generals Executive Council which was composed exclusively of officials, would not have some unofficial members transacting business. But this council was neither representative nor deliberative. Prior sanction of Governor General was necessary.

Indian Councils Act 1892

Two improvements

1.    Non official members of Indian Legislative Council were not to be nominated by Bengal Chamber of Commerce and non official members of Provincial Council were to be nominated by local bodies such as universities, district boards, municipalities, etc.

2.    Councils would have the power to discuss annual statement of revenue and expenditure.

Morley Minto Reforms and India Councils Act 1909

Morley Minto Reforms first introduced a representative and popular element

Secretary of State for india (Lord Morley) and Viceroy (Lord Minto)

Features:

a.    Size of Council was enlarged

b.    Element of election introduced in legislative council

c.    Functions of legislative council increased and they were given the opportunity of influencing the policy of administration by moving resolutions on budget and on any matter of public interest except certain subjects such as armed forces, foreign affairs and Indian states

d.    It provided for the first-time separate representation of Muslim community and thus sowed the seeds of separatism that ultimately led to the partition of India (Muslim League formed as a political party after this in 1906).

Government of India Act 1915

To consolidate all earlier Government of India Acts

Montague Chelmsford Report and Government of India Act 1919

Features:

a.    Dyarchy in provinces – Introduced responsible government (dual government) Central dealing with subjects of all India importance and Provincial dealing with primary matters

b.    Relaxation of Central control over the Provinces. Budgets were separated and provincial legislature was give power to present its own budget and levy its own taxes. (The Center retained power as final sanction would be from the center).

c.    Indian legislature made more representative

Bicameral – two houses (Upper House – Council of State and Lower House – Legislative Assembly)

Simon Commission (Black Act) and Government of India Act 1935

Introduced ‘Communal Award’ – Another way of increasing the rift between Hindus and Muslims

Features:

a.    Federation ad Provincial Autonomy

b.    Optional for Indian states to join federation

c.    Provincial Autonomy – divided power between Provincial and Central Legislatures.

Indian Independence Act 1947

With effect from 15 August 1947 India ceased to be depend on the British Crown (Office of Secretary of State for India was abolished).

 

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