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).
