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Historical Background of the Constitution of India
The Indian Constitution, adopted on 26th November 1949 and enforced on 26th January 1950, is a culmination of centuries of historical developments and influences. Understanding the evolution of India’s constitutional framework requires an examination of key historical milestones, which shaped modern India’s political and legal structure.
1. Ancient and Medieval Governance in India
Ancient India
Indian civilization had well-organized political systems dating back to the Mauryan and Gupta Empires. Kautilya’s Arthashastra and the Manusmriti provide evidence of a structured legal and administrative framework.
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Medieval India
During the Delhi Sultanate and Mughal Empire, governance was centralized, with the emperor wielding supreme authority. However, local administration retained autonomy in villages, reflecting India’s ancient system of decentralized governance.
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2. Colonial Period: Foundation of Modern Governance
Regulating Act of 1773
The first step towards centralized administration, it established the Governor-General of Bengal and the Supreme Court at Calcutta.
The Regulating Act of 1773 was the first significant legislative intervention by the British Parliament in the affairs of the East India Company. It aimed to address corruption, mismanagement, and the growing political power of the Company in India.
Key Provisions of the Regulating Act, 1773
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Governor-General of Bengal
- The act created the position of the Governor-General of Bengal (the first Governor-General was Warren Hastings).
- The Governor-General was assisted by a council of four members. Decisions were made based on the majority vote in the council.
Establishment of the Supreme Court
- A Supreme Court was established in Calcutta (Kolkata), consisting of a Chief Justice and three judges.
- It had jurisdiction over British subjects in Bengal, Bihar, and Orissa.
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Control by the British Government
- The act mandated that the East India Company must report its revenue, civil, and military affairs to the British government.
- This marked the beginning of British parliamentary control over the Company’s operations in India.
Prohibition of Private Trade
- Company officials were prohibited from engaging in private trade and accepting bribes from locals.
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Pitt’s India Act of 1784
This act brought the East India Company’s administration under tighter British parliamentary control.
The Pitt’s India Act of 1784, also known as the East India Company Act of 1784, was an important legislative measure passed by the British Parliament to address the deficiencies of the Regulating Act of 1773. Named after William Pitt the Younger, the then British Prime Minister, this act introduced a dual system of governance in India, effectively bringing the East India Company's affairs under closer control of the British government.
Key Provisions of Pitt’s India Act, 1784
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Board of Control
- The act created a six-member Board of Control to supervise and direct the civil, military, and revenue affairs of the Company.
- The Board consisted of high-ranking British government officials, including the Chancellor of the Exchequer, Secretary of State, and four Privy Councillors.
- This Board was responsible for formulating policies, while the Company retained administrative control.
Court of Directors
- The Court of Directors of the East India Company continued to manage the day-to-day administration in India but under the guidance and supervision of the Board of Control.
- The Company retained the authority to handle commercial operations.
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Governor-General’s Council
- The act reduced the size of the Governor-General’s Council from four members to three, making it easier to arrive at decisions.
- The Governor-General was given more power in matters of policy and administration.
Distinction between Commercial and Political Functions
- A clear distinction was made between the commercial functions of the Company and its political functions.
- While the Company continued to manage trade, political affairs were directly controlled by the British government.
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Strengthened Control over Provinces
- The act empowered the Governor-General to exercise greater control over the presidencies of Bombay and Madras.
- No major war or treaty could be undertaken by these presidencies without prior approval from the Governor-General and the Board of Control.
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Charter Act of 1813
The Charter Act of 1813 marked a significant step in the transition of the East India Company from a commercial entity to a governing authority.
Key Provisions
- End of Monopoly: The Company’s monopoly was abolished, except for trade in tea and with China.
- Territorial Sovereignty: The Company could continue ruling Indian territories for 20 more years.
- Promotion of Education and Religion: ₹1 lakh was allocated for education, and Christian missionaries were allowed.
- Powers of Governor-General: The Governor-General’s authority was enhanced.
Charter Act of 1833
This act introduced significant changes in governance and marked the end of the Company’s commercial functions.
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Key Provisions
- End of Commercial Functions: The Company ceased to be a commercial entity.
- Governor-General of India: The Governor-General of Bengal became the Governor-General of India (Lord William Bentinck).
- Legislative Centralization: The Governor-General was given exclusive legislative power.
- Law Commission: Established to codify Indian laws under Macaulay’s chairmanship.
Charter Act of 1853
This was the last Charter Act, which introduced administrative reforms and laid the foundation for competitive civil services.
Key Provisions
- No Fixed Renewal Period: The act did not specify a fixed period for renewal of the Company’s charter.
- Legislative Council Expansion: The legislative council was expanded, allowing Indian participation.
- Civil Services: Open competition for civil services was introduced.
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Indian Councils Act of 1909 (Morley-Minto Reforms)
This act aimed to increase Indian participation in governance and introduced separate electorates for Muslims.
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Key Provisions
- Increased Legislative Councils: Both central and provincial councils were expanded.
- Separate Electorates: Muslims were granted separate electorates.
- Indian Representation: Indians were appointed to important councils, e.g., Satyendra Prasad Sinha.
Government of India Act, 1919 (Montagu-Chelmsford Reforms)
The Government of India Act, 1919 introduced dyarchy in provinces and expanded legislative councils.
Key Provisions
- Dyarchy in Provinces: Subjects were divided into reserved and transferred categories.
- Bicameral Legislature: A bicameral legislature was introduced at the center.
- Limited Franchise: Voting rights were given based on property, tax, and education.
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Government of India Act, 1935
The most comprehensive act introduced by the British, which laid the foundation for India’s current Constitution.
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Key Provisions
- Federal Structure: Proposed a federation of provinces and princely states.
- Provincial Autonomy: Provinces were given more powers.
- Bicameral Legislatures: Some provinces were given bicameral legislatures.
- Federal Court: A federal court was established to interpret laws and resolve disputes.
3. The Demand for Independence in India
Indian National Congress (INC)
The Indian National Congress (INC), founded in 1885 by A.O. Hume, played a pivotal role in India's struggle for independence. Initially, the Congress sought reforms from the British government, but over time, its focus shifted towards complete independence.
Key Milestones
- 1885: Formation of INC, primarily focused on political and administrative reforms.
- 1905: Partition of Bengal led to the Swadeshi and Boycott movements.
- 1920: Mahatma Gandhi launched the Non-Cooperation Movement.
- 1930: The Civil Disobedience Movement began with the famous Dandi March.
- 1942: The Quit India Movement was launched, demanding an end to British rule.
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Cripps Mission (1942)
The Cripps Mission was sent by the British government to India in March 1942 to gain Indian support for World War II. The mission was led by Sir Stafford Cripps, a member of the British War Cabinet.
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Proposals of the Cripps Mission
- Dominion Status: India would be granted dominion status after the war.
- Constitutional Assembly: An elected body would frame the future constitution of India.
- Right to Secede: Any province unwilling to join the Union could opt out.
Failure of the Cripps Mission
- Rejection by Congress: The INC rejected the proposals as they did not guarantee immediate independence.
- Rejection by Muslim League: The Muslim League opposed the plan, demanding a separate state of Pakistan.
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Cabinet Mission Plan (1946)
The Cabinet Mission was sent to India in 1946 to discuss the transfer of power from British rule to Indian leadership. The mission comprised three members—Lord Pethick-Lawrence, Sir Stafford Cripps, and A.V. Alexander.
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Key Objectives
- To devise a framework for the transfer of power to Indian leaders.
- To maintain India's unity and ensure an agreement between the INC and the Muslim League.
Main Provisions of the Plan
- Union of India: India would remain a united dominion, with control over foreign affairs, defense, and communications.
- Grouping of Provinces: Provinces would be divided into three groups—Group A (Hindu-majority provinces), Group B (Muslim-majority provinces in the northwest), and Group C (Muslim-majority provinces in the east).
- Constituent Assembly: A Constituent Assembly would be elected to frame the constitution.
Reactions to the Cabinet Mission Plan
- Congress: Accepted the plan, but opposed the grouping of provinces.
- Muslim League: Initially accepted it but later withdrew and demanded the formation of Pakistan.
- British Government: Announced that the transfer of power would take place by June 1948.
India Independence Act of 1947
1. Purpose and Background
The Act was enacted following years of political struggle for independence, spearheaded by leaders like Mahatma Gandhi and Jawaharlal Nehru, and the growing demand for the partition of India by the Muslim League. It aimed to bring an end to British rule while addressing the demands for self-governance by both Hindus and Muslims.
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2. Key Provisions
- Division of British India: The Act divided British India into two sovereign states—India and Pakistan.
- Partition of Power: Each dominion was to have its own legislature, government, and administrative system. Both India and Pakistan were granted independence on August 15, 1947.
- Creation of Constituent Assemblies: Both dominions were required to form their respective Constituent Assemblies to draft new constitutions.
- End of British Rule: The Act ended British sovereignty over India and marked the official end of the British Raj.
- Division of Princely States and Provinces: The provinces and princely states were given the option to accede to either India or Pakistan based on geographical and communal lines.
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