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Chapter-3 :Advent of the Europeans in India

A. The Portuguese in India-1498

1. Quest for and  In 1453, Constantinople fell to the Ottoman Turks

Discovery of a  Red Sea trade route was a state monopoly from which Islamic rulers earned
Sea Route to tremendous revenues.
India  Land routes to India were also controlled by the Arabs.
 Fifteenth-century-spirit of the Renaissance in Europe.
 Prosperity also grew and with it the demand for oriental luxury goods also
increased.
 Prince Henry of Portugal, who was nicknamed the ‘Navigator’
 Treaty of Tordesillas (1494), rulers of Portugal and Spain divided non-Christian
world between them by an imaginary line in the Atlantic, some 1,300 miles west
of the Cape Verde Islands.
 Portugal could claim and occupy everything to the east of the line while Spain
could claim everything to the west.
Portugese From Trading to Ruling

1. Vasco Da  Arrival of Vasco Da Gama, led by a Gujarati pilot named Abdul Majid, at Calicut
Gama in May 1498.
 Ruler of Calicut –Zamor in (Samuthiri)-1498
 Arab traders, who had a good business on the Mala bar coast
 ParticipantsintheIndianOcean—
Indians,Arabs,Africansfromtheeastcoast,Chinese,Javanese
 Pedro Alvarez Cabral to trade for spices, negotiating and establishing a factory at
Calicut, where he arrived in September1500.
 Vascoda Gama set up a trading factory at Cannanore
 Calicut, Cannanore and Cochin became the important trade centres of the
Portuguese.
2. Francisco  In 1505, the King of Portugal appointed a governor in India-Francisco De Almeida
DeAlmeida  Built fortresses at Anjadiva, Cochin, Cannanore and Kilwa
 Policy was known as the Blue Water Policy (cartage system).
3. Alfonso de  Real founder of the Portuguese power in the East
Albuquerque  Portuguese strongholds in East Africa, off the Red Sea, at Ormuz; in Malabar; and
at Malacca.
 Sultan of Bijapur became the first bit of Indian Territory to be under the
Europeans.
4. Nino da  November 1529
Cunha
 Headquarters shifted from Cochin to Goa
 Bahadur Shah of Gujarat promised them a base in Diu.
 Humayun withdrew from Gujarat in1536
Favorable  Gujarat, ruled by the powerful Mahmud Begarha (1458-1511)
Conditions for
Portuguese  The Portuguese had cannons placed on their ships

Portuguese State  Sixty miles of coast around Goa

 The Portuguese established military posts and settlements on the east coast at San
Thome (in Chennai) and Nagapatnam (in Andhra)
 Treaties were signed between Goa and the Deccan sultans in1570
 The Portuguese always had a role to play in the successive battles for the balance of
power between Vijayanagara and the Deccan sultans, between the Deccanis and
the Mughals, and between the Mughals and the Marathas.

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Portuguese  The Vedor da Fazenda, responsible for revenues and the cargoes and dispatch
Administration
in India offleets

Religious Policy  Intolerant towards the Muslims

of the
Portuguese  Zeal to promote christainity.

Portuguese Lose  1608, Captain William Hawkins with his ship Hector reached Surat. Jahangir
Favor with the appointed him as a mansabdar of 400 at a salary of Rs 30,000.
Mughals  In November 1612, the English ship Dragon under Captain Best along with a little
ship, the Osiander, successfully fought a Portuguese fleet.
Capture of  On the basis of an imperial farman circa 1579, the Portuguese had settled down
Hooghly- on a river bank which was a short distance from Satgaon in Bengal and later
migrated to Hooghly.
 On June 24, 1632-Hooghly wasseized.
 Bengal governor- Qasim Khan
Decline of the  Emergence of powerful dynasties in Egypt, Persia and North India and the rise of
Portuguese the turbulent Marathas as their immediate neighbors.
 Religious policies of the Portuguese gave rise to political fears.
 Dishonest trade practices
 Earned notoriety as sea pirates
 Goa which remained with the Portuguese had lost its importance as a port after
the fall of the Vijayanagara empire.
 Marathas invaded Goa-1683
 Rise of dutch and English commercial ambitions.
 Diversion to the west due to the discovery of Brazil.
Significance of  Marked the emergence of naval power
the Portuguese
 Portuguese ships carried cannon
 An important military contribution made by the Portuguese onshore was the system
of drilling groups of infantry, on the Spanish model, introduced in the 1630
 Masters of improved techniques at sea
B. The Dutch-1596

Cornelis de Houtman was the first Dutchman to reach Sumatra and Bantam in1596.

Dutch  The Dutch founded their first factory in Masulipatnam (in Andhra) in1605
Settlements  Captured Nagapatam near Madras (Chennai) from the Portuguese and made it
their main stronghold in South India.
 The Dutch established factories on the Coromandel coast, in Gujarat, Uttar
Pradesh, Bengal and Bihar.
 In1609, they opened a factory in Pulicat, north of Madras. Their other principal
factories in India were at Surat (1616), Bimlipatam (1641), Karaikal (1645),
Chinsura (1653), Baranagar, Kasimbazar (near Murshidabad), Balasore, Patna,
Nagapatam(1658) and Cochin(1663).
 They carried indigo manufactured in the Yamuna valley and Central India, textiles
and silk from Bengal, Gujarat and the Coromandel, saltpetre from Bihar and
opium and rice from the Ganga valley.
Anglo-Dutch  Serious challenge to the commercial interests of the Dutch by the English.
Rivalry
 The climax of the enmity between the Dutch and the English in the East was
reached at Amboyna (a place in present-day Indonesia, which the Dutch had

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captured from the Portuguese in 1605) where they massacred ten Englishmen and
nine Japanese in1623.
 1667- Dutch retired from India and moved to Indonesia.
 They monopolized the trade in black pepper and spices. The most important
Indian commodities the Dutch traded in were silk, cotton, indigo, rice and opium.
Decline of the  The Dutch got drawn into the trade of the Malay Archipelago
Dutch in India
 Third Anglo-Dutch War(1672-74)
 The retaliation by the English resulted in the defeat of the Dutch, in the battle of
Hooghly (November 1759)
 Their concerns were trade.
 Commercial interest lay in the Spice Islands of Indonesia
 Battle of bidara-1759 the English defeated Dutch.
 C. The English-1599
Charter of  Francis Drake’s voyage around the world in 1580 and the English victory over the
Queen Elizabeth
I Spanish Armada in1588
 In 1599 ‘Merchant Adventurers’ formed accompany
 OnDecember31, 1600, Queen Elizabeth I issued a charter with rights of exclusive
trading to the company named the ‘Governor and Company of Merchants of
London trading into the East Indies’.
 Progress of the English Company
Foothold in West o In 1611, the English had started trading at Masulipatnam on the south-eastern coast
and South of India and later established a factory there in1616.
o Establish a factory at Surat under ThomasAldworth-1613
o In 1615, Sir Thomas Roe came as an accredited ambassador of James I to the court of
Jahangir.
o Secure permission to set up factories at Agra, Ahmedabad and Broach.
o Bombay had been gifted to King Charles II by the King of Portugal as dowry when
Charles married the Portuguese princess Catherine in 1662. Bombay was given over to
the East India Company on an annual payment of ten pounds only in1668.
o Bombay was made the headquarters by shifting the seat of the Western Presidency
from Surat to Bombay in1687.
o Golden Farman’ issued by the Sultan of Golconda in 1632. On a payment of 500
pagodas a year, they earned the privilege of trading freely in the ports of Golconda.
o The British merchant Francis Day, in 1639 received from the ruler of Chandragiri
permission to build a fortified factory at Madras which later became the Fort St.
George and replaced Masulipatnam as the headquarters of the English settlements in
south India.
o English extended their trading activities to the east and started factories at Hariharpur in
the Mahanadi delta and at Balasore (in Odisha) in1633.

Foothold in Shah Shuja, the subahdar of Bengal in 1651, allowed the English to trade in Bengal in
Bengal return for an annual payment of Rs3,000.
Factories in Bengal were started at Hooghly (1651) and other places like Kasimbazar,
Patna and Rajmahal.
William Hedges, the first agent and governor of the Company in Bengal
Shayista Khan, the Mughal governor of Bengal in August1682

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The English retaliated by capturing the imperial forts at Thana (modern GardenReach),
raiding Hijli in east Midnapur and storming the Mughal fortifications at Balasore.
English factory was established on February 10, 1691, the day an imperial farman was
issued permitting the English to “continue contentedly their trade in Bengal” on
payment of Rs 3000 a year in lieu of all dues.
In 1698, the English succeeded in getting the permission to buy the zamindari of the
three villages of Sutanuti, Gobindapur and Kalikata (Kalighat) on payment of Rs
1,200.
The fortified settlement was named Fort William in the year 1700 when it also
became the seat of the eastern presidency (Calcutta) with Sir Charles Eyre as its first
president.
Farrukhsiyar’s  Farrukhsiyar secured three famous Farmans (magnacarta), in Bengal, Gujarat and
Farmans- Hyderabad- 1715
 Company’s Exports and imports are exempted for custom duties except annual
payment of 3000 rupees in Bengal.
 Issues of dastaks for transportation.
 East India Company was exempted from the levy of all duties in surat on annual
payment of 10000.
 The coins of the Company minted at Bombay were to have currency throughout
the Mughal empire
 Sir William Norris as its ambassador to the court of Aurangzeb (January 1701-
April1702)
 Under pressure from the Crown and the Parliament, the two companies were
amalgamated in 1708 under the title of ‘United Company of Merchants of England
Trading to the East Indies’.
D. The French-1667

Foundation of  Louis XIV, the king’s famous minister Colbert laid the foundation of the
French Centres Compagnie des Indes Orientales (French East India Company) in 1664 The
in India- CompagniedesIndes Orientales was granted a 50-yearmonopoly.
 In 1667, Francois Caron headed an expedition to India, setting up a factory in
Surat. Mercara, a Persian who accompanied Caron,
 Founded another French factory in Masulipatnam in1669
 In 1673 established a township at Chandernagore near Calcutta.
Pondicherry—  In 1673, Sher Khan Lodi, the governor of Valikondapuram (under the Bijapur Sultan)
Nerve Centre of
French Power in  Francois Martin, the director of the Masulipatnam factory.
India  Pondicherry was founded in 1674. And Caron became the French governor.
 Mahe, Karaikal, Balasore and Qasim Bazar were a few important trading centres of
the French East India Company.
Early Setbacks  The Dutch captured Pondicherry in1693
to the French  Treaty of Ryswick concluded in September 1697 restored Pondicherry to the French,
East India the Dutch garrison held on to it for two moreyears.
Company-  Francois Martin died on December 31, 1706.
 In 1720, the French company was reorganised as the ‘Perpetual Company of the
Indies’.
The Anglo-French Struggle for Supremacy: the Carnatic Wars

Background of  It began with the outbreak of the Austrian War of Succession and ended with the
Rivalry conclusion of the Seven Years War.

First Carnatic  Carnatic-Coromandel coast and its hinterland

War (1740-48)
 Extension of the Anglo-French War caused by the Austrian War of Succession.
 France retaliated by seizing Madras in 1746, Thus began the first Carnatic War.
 Treaty of Aix-La Chapelle was signed bringing the Austrian War of Succession to a
conclusion.- Madras was handed back to the English, and the French, got their

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territories in North America.

 The First Carnatic War is remembered for the Battle of St. Thome (in Madras) on
the banks of the River Adyar fought between the French forces and the forces of
Anwar-ud-din, the Nawab of Carnatic, to whom the English appealed for help.
Second Carnatic  The background for the Second Carnatic War was provided by rivalry in India.
War (1749-54)
 The opportunity was provided by the death of Nizam-ul-Mulk, the founder of the
independent kingdom of Hyderabad, in 1748, and there lease of Chanda Sahib, the
son-in-law of Dost Ali, the Nawab of Carnatic, by the Marathas.
 TheFrenchsupportedtheclaimsofMuzaffarJangandChandaSahibintheDeccanandCarn
atic, respectively, while the English sided with Nasir Jang and Anwar-ud-din.
 The combined armies of Muzaffar Jang, Chanda Sahib and the French defeated and
killed Anwaruddin at the Battle of Ambur (near Vellore) in1749.
 Muzaffar Jang became the subahdar of Deccan, and Dupleix was appointed
governor of all the Mughal territories to the south of the River Krishna.
 In August 1751, with only a force of 210 men Robert Clive attacked and captured
Arcot.
Third Carnatic
War (1758-63)  In 1758, the French army under Count de Lally captured the English forts of St.
David and Vizianagaram in1758.
 Battle of Wandiwash The decisive battle of the Third Carnatic War was won by the
English on January 22, 1760 at Wandiwash (or Vandavasi) in Tamil Nadu.
 Treaty of Peace of Paris (1763) restored to the French their factories inIndia
 Dutch had already been defeated in the Battle of Bidara in1759.
 The victory at Wandiwash left the English East India Company with no European
rival in India
Causes for the  The English company was a private enterprise—with less governmental control
English Success over it, The French Company, on the other hand, was a State concern. It was
and the French controlled and regulated by the French government.
Failure
 The English navy was superior to the French navy
 The English held three important places, namely, Calcutta, Bombay and Madras
whereas the French had only Pondicherry.
 The French subordinated their commercial interest to territorial ambition, which
made the French company short of funds.
 The superiority of the commanders in the British camp
E. The Danes-1620

 Founded a factory at Tranquebar near Tanjore, on the eastern coast of India. Their
principal settlement was at Serampore near Calcutta.
Why the English  Structure and Nature of the Trading Companies - English East India Company
Succeeded
against Other was controlled by a board of directors whose members were elected annually.
European  Naval Superiority– The Royal Navy of Britain was not only the largest; it was
Powers? most advanced of its times. The victory against the Spanish Armada and against the
French at Trafalgar had put the Royal Navy at the peak of the European naval
forces.
 Industrial Revolution – The industrial revolution reached other European nations
late and this helped England to maintain its hegemony.
 Military Skill and Discipline– British soldiers were a disciplined lot and well
trained.
 Stable Government
 Lesser Zeal for Religion
 Use of Debt Market
The world’s first central bank—the Bank of England—was established to sell

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government debt to the money markets on the promise of a decent return on Britain’s
defeating rival countries

CHAPTER-8 : Socio-Religious Reform Movements: General Features

Factors Giving Rise to Desire for Reform-

1. Impact of It came at a time when India, in contrast to an enlightened Europe of the eighteenth
British Rule- century affected in every aspect by science and scientific outlook, presented the
picture of a stagnant civilisation and a static and decadent society.

2. Social • Religious and Social Ills-

Conditions • Depressing Position of Women
Ripe for • The Caste Problem-
Reform- • Opposition to Western Culture

3. New The impact of modern Western culture and consciousness of defeat by a foreign power
Awareness gave birth to a new awakening. Factors such as growth of nationalist sentiments,
among emergence of new economic forces, spread of education, impact of modern Western
Enlightened ideas and culture and increased awareness of the world strengthened the resolve to
Indians- reform.

4. Social and  • Middle Class Base

Ideological  • The Intellectual Criteria-
Bases of  Raja Rammohan Roy firmly believed in the principle of causality linking the whole
Reform phenomenal universe and demonstrability as the sole criterion of truth.
 Akshay Kumar Dutt, while declaring that “rationalism is our only preceptor”, held
that all natural and social phenomena could be analysed and understood by purely
mechanical processes.
 According to Swami Vivekananda, the same method of investigation which applies
to sciences should be the basis on which religion must justify itself.
 The evolution of an alternative cultural-ideological system and the regeneration of
traditional institutions were two concerns of these movements. These concerns
were manifest in the attempts to reconstruct traditional knowledge, the use and
development of vernacular languages, creation of an alternative system of
education, defence of religion, efforts to regenerate Indian art and literature, the
emphasis on Indian dress and food, attempts to revitalise the Indian systems of
medicine and to research thepre- colonial technology for its potential.
 • Two Streams-
 The reform movements could broadly be classified into two categories—the
reformist movements like the Brahmo Samaj, the Prarthana Samaj, the Aligarh
Movement, and the revivalist movements like Arya Samaj and the Deoband
movement.
 The only difference between one reform movement and the other lay in the degree
to which it relied on tradition or on reason and conscience.
5. Direction of  The humanistic ideals of social equality and the equal worth of all individuals
Social Reform- which inspired the newly educated middle class influenced the field of social
reform in a major way.
 The social reform movements were linked to the religious reforms primarily
because nearly all social ills like untouchability and gender-based inequity derived
legitimacy from religion in one way or the other.
 Organizations such as the Social Conference, Servants of India Society and the
Christian missionaries were instrumental in social reform along with many
enlightened individuals like Jyotiba Phule, Gopalhari Deshmukh, K.T. Telang,

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B.M. Malabari, D.K. Karve, Sri Narayana Guru, E.V. Ramaswami Naicker and
B.R.Ambedkar.
 Fight for Betterment of Position of Women
 The improvement of the status of women in the society was considered to be
vital, and social reformers worked towards this since a radical change in the
domestic sphere—where initial socialisation of the individual takes place and
where a crucial role is played by women—was the need of the hour.
Steps taken to Ameliorate Women’s Position

Abolition of Sati- a. Influenced by the frontal attack launched by the enlightened Indian reformers led by
Raja Rammohan Roy, the government declared the practice of sati illegal and
punishable by criminal courts as culpable homicide.
b. The regulation of 1829 (Regulation XVII, A.D. 1829 of the Bengal Code) was
applicable in the first instance to Bengal Presidency.
Preventing  The practice of murdering female infants immediately after their birth was a common
Female practice among upper class Bengalis and Rajputs who considered females to be an
Infanticide- economic burden.
 The Bengal regulations of 1795 and 1804 declared infanticide illegal and equivalent
to murder.
 An Act passed in 1870 made it compulsory for parents to register the birth of all
babies.
Controlling a. The Native Marriage Act (or Civil Marriage Act), 1872 signified legislative action
Child Marriage in prohibiting child marriage.
b. There lent less efforts of a Parsi reformer, B. M. Malabari, were rewarded by the
enactment of the Age of Consent Act (1891) which forbade the marriage of girls
below the age of12.
c. The Sarda Act (1930) further pushed up the marriage age to 18 and 14 for boys
and girls, respectively.
d. In free India, the Child Marriage Restraint (Amendment) Act, 1978 raised the age
of marriage for girls from 15 to 18 years and for boys from 18 to 21.
Education of a. The Christian missionaries were the first to set up the Calcutta Female Juvenile
Women Society in1819.
b. The Bethune School, founded by J.E.D. Bethune, president of the Council of
Education in Calcutta in 1849 was the first fruit of the
powerfulmovementforwomen’seducationthataroseinthe1840sand 1850s.
c. Pandit Ishwar Chandra Vidyasagar was associated with no less than 35 girls’
schools in Bengal and is considered one of the pioneers of women’s education.
d. Charles Wood’s Dispatch on Education (1854) laid great stress on the need for
female education.
e. In 1914, the Women’s Medical Service did a lot of work in training nurses and
mid-wives.
f. The Indian Women’s University set up by Professor D.K. Karve in 1916 was one
of the outstanding institutions imparting education to women. In the same year Lady
Hardings Medical College was opened in Delhi.
g. Health facilities began to be provided to women with the opening of Duffer in
Hospitals in the1880s.
h. Sarojini Naidu went on to become the president of the Indian National Congress
(1925) and later the governor of the United Provinces (1947- 49).
Women’s 1. In 1910, Sarla Devi Chaudhurani convened the first meeting of the Bharat Stree
Organisations Mahamandal in Allahabad. Considered as the first major Indian women’s
organisation set up by a woman, its objectives included promotion of education
for women, abolition of the purdah system and improvement in the socio-
economic and political status of woman all over India. Sarla Devi believed that
the man working for women’s upliftment lived ‘under the shade of Manu’.
2. Ramabai Ranade founded the Ladies Social Conference (Bharat Mahila
Parishad), under the parent organization National Social Conference, in 1904 in

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Bombay.
3. Pandita Ramabai Saraswati founded the Arya Mahila Samaj to serve the
cause of women. She pleaded for improvement in the educational syllabus of
Indian women before the English Education Commission which was referred to
Queen Victoria. This resulted in medical education for women which started in
Lady Duffer in College.
4. Later Ramabai Ranade established a branch of Arya Mahila Samaj in Bombay.
5. In 1925, the National Council of Women in India, a national branch of the
International Council of Women, was formed. Mehribai Tata played a vital role
in its formation and advancement.
6. Other women who held important positions on the executive committee of the
council included Cornelia Sarabji, India’s first lady barrister; Tara bai
Premchand, wife of a wealthy banker; Shaffi Tyabji, a member of one of
Mumbai’s leading Muslim families; and Maharani Sucharu Devi, daughter of
Keshab Chandra Sen.
7. The All India Women’s Conference (AIWC), founded by Margaret Cousins
in 1927, was perhaps the first women’s organisation with an egalitarian
approach. Its first conference was held at Ferguson0 College, Pune. Its objectives
were to work for a society based on principles of social justice, integrity, equal
rights and opportunities; and to secure for every human being, the essentials of
life, not determined by accident of birth or sex but by planned socialdistribution.
8. Sarda Act (1929),Hindu Women’s Right to Property Act(1937),Factory Act
(1947), Hindu Marriage and Divorce Act (1954), Special Marriage Act (1954),
Hindu Minority and Guardianship Act (1956), Hindu Adoption and Maintenance
Act (1956), the Suppression of Immoral Traffic in Women Act (1958), Maternity
Benefits Act (1961), Dowry Prohibition Act (1961)and Equal Remuneration Act
(1958,1976).
 Struggle Against Caste-Based Exploitation-The worst-hit by the discriminatory
institution of caste were the ‘untouchables’ or the scheduled castes/Dalits.
Factors that 1. British rule, perhaps without intention, created certain conditions that undermined
Helped to caste consciousness to an extent.
Mitigate Caste- 2. The social reform movements also strove to undermine caste-based exploitation.
based 3. The national movement took inspiration from the principles of liberty and
Discrimination equality against the forces which tended to divide the society. Gandhi, in 1932,
founded the All India Hari jan Sangh.
4. With increasing opportunities of education and general awakening, there were
stirrings among the lower castes themselves.
5. The struggle of the depressed classes led to the provision of special representation
for these classes in the Government of India Act, 1935.
6. Sri Narayana Guru in Kerala coined the slogan “one religion, one caste, one
God for mankind”, which his disciple Sahadaran Ayyapan changed into “no
religion, no caste, no God forman kind”.
7. Dr Bhimrao Ambedkar led the Mahad Satyagraha in March 1927 to
challenge the regressive customs of the caste Hindus. Dr Ambedkar established
the Bahishkrit Hitakarini Sabha in 1924 to highlight the difficulties and
grievances of the dalits before the government. Its motto was: ‘Educate, Agitate
and Organise’.
8. The Constitution of free India has made equality and non-discrimination on basis
of caste imperative.

CHAPTER-20 : Debates on the Future Strategy after Civil Disobedience

Movement
Civil Disobedience Movement

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Following the withdrawal of the Civil Disobedience Movement, there was a two-stage debate on the future
strategy of nationalists.

1. The First Strategic Debate-

Perspectives- Three perspectives were as follows.

1. There should be constructive work on Gandhian lines.
2. There should be a constitutional struggle and participation in elections to the
Central Legislature. They argued that:
 in a period of political apathy, elections and council work could be utilised
to keep up the political interest and morale of the people;
 participation in elections and council work did not amount to faith in
constitutional politics;
 another political front would help build up Congress and prepare the
masses for the next phase;
 This approach would give the Congress a certain amount of prestige and
confidence, and a strong presence in councils would serve as an equivalent
to the movement.
3. A strong leftist trend within the Congress, represented by Nehru, was critical
of both constructive work and council entry in place of the suspended civil
disobedience movement as that would sidetrack political mass action and
divert attention from the main issue of the struggle against colonialism.
Nehru’s Vision- Nehru said, “The basic goal before Indian people as before people of the world is
abolition of capitalism and establishment of socialism.”

Nehru’s Opposition 1.
Congressmen led by Gandhi believed that a mass phase of movement (struggle
to Struggle-Truce- phase) had to be followed by a phase of reprieve (truce phase) before the next
Struggle Strategy stage of mass struggle could be taken up. The truce period, it was argued, would
enable the masses to recoup their strength to fight and also give the government
a chance to respond to the demands of the nationalists. This was the struggle
truce- struggle or S-T-S strategy.
2. Against an S-T-S strategy, Nehru suggested a Struggle-Victory (S-V) strategy.
Finally, Yes to I. In May 1934, the All India Congress Committee (AICC) met at Patna to set up a
Council Entry- Parliamentary Board to fight elections under the aegis of the Congress itself.
II. In the elections to the Central Legislative Assembly held in November 1934, the
Congress captured 45 out of 75 seats reserved for Indians.
2. Government of India Act, 1935-

Main Features- The discussions led to the formulation of the Act of 1935.

a) An All India Federation-

• Federation’s formation was conditional on the fulfillment of: (i) states with
allotment of 52 seats in the proposed Council of States should agree to join the
federation; and (ii) aggregate population of states in the above category
should be 50 per cent of the total population of all Indian states.
• Since these conditions were not fulfilled the central government carried on
upto 1946 as per the provisions of Government of India Act, 1919.
b) Federal Level:
Executive
Legislature
Bicameral legislature was to have an upper house (Council of States) and a
lower house (Federal Assembly). The Council of States was to be a 260-
member House. The Federal Assembly was to be a 375-member house
Oddly enough, election to the Council of States was direct and that to the
Federal Assembly, indirect

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A brief history of Modern India – Synopsis Complete IAS

Council of States was to be a permanent body with one-third members retiring

every third year. The duration of the assembly was to be 5 years.
Three lists for legislation purposes were to be federal, provincial and
concurrent.
Members of Federal Assembly could move a vote of no-confidence against
ministers. Council of States could not move a vote of no-confidence.
System of religion-based and class-based electorates was further extended.
80 per cent of the budget was non-votable.
Governor-general had residuary powers.
c) Provincial Autonomy-
Provincial autonomy replaced dyarchy.
Provinces were granted autonomy and separate legal identity.
Provinces were freed from “the superintendence, direction” of the secretary of
state and governor-general. Provinces henceforth derived their legal
authority directly from the British Crown.
Provinces were given independent financial powers and resources. Provincial
governments could borrow money on their own security.
Executive
Governor was to be the Crown’s nominee and representative to exercise
authority on the king’s behalf in a province.
Governor was to have special powers regarding minorities, rights of civil
servants, law and order, British business interests, partially excluded areas,
princely states, etc.
Governor could take over and indefinitely run administration.
Legislature
Separate electorates based on Communal Award were to be made operational.
All members were to be directly elected. Franchise was extended; women
got the right on the same basis as men.
Ministers were to administer all provincial subjects in a council of ministers
headed by a premier.
Ministers were made answerable to and removable by the adverse vote of the
legislature.
Provincial legislature could legislate on subjects in provincial and concurrent
lists.
40 per cent of the budget was still not votable.
Governor could (a) refuse assent to a bill, (b) promulgate ordinances, (c) enact
governor’s Acts.
Evaluation of the Numerous ‘safeguards’ and ‘special responsibilities’ of the governor-general
Act worked as brakes in the proper functioning of the Act.
In provinces, the governor still had extensive powers.
The Act enfranchised 14 per cent of British Indian population.
Extension of the system of communal electorates and representation of various
interests promoted separatist tendencies which culminated in partition of
India.
The Act provided a rigid constitution with no possibility of internal growth.
Right of amendment was reserved with the British Parliament.
The Long-Term 1. Suppression could only be a short-term tactic. In the long run, the strategy
British Strategy was to weaken the national movement and integrate large segments of the
movement into colonial, constitutional and administrative structure.
2. Reforms would revive the political standing of constitutionalist liberals and
moderates who had lost public support during the Civil Disobedience
Movement.
3. Repression earlier and reforms now would convince a large section of
Congressmen of the ineffectiveness of an extra-legal struggle.
4. Once Congressmen tasted power, they would be reluctant to go back to

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A brief history of Modern India – Synopsis Complete IAS

politics of sacrifice.
5. Reforms could be used to create dissensions within Congress —right wing to
be placated through constitutional concessions and radical leftists to be
crushed through police measures.
6. Provincial autonomy would create powerful provincial leaders who would
gradually become autonomous centres of political power.
Nationalists’ The 1935 Act was condemned by nearly all sections and unanimously rejected by the
Response- Congress.

3. The Second Starategic Debate-

Divided 1. Jawaharlal Nehru, Subhash Bose, and Congress socialists and communists
Opinion were opposed to office acceptance and thereby in the working of the 1935 Act
because they argued that it would negate the rejection of the Act by the
nationalists.
2. As a counter-strategy, the leftists proposed entry into the councils with an aim
to create deadlocks, thus making the working of the Act impossible
3. proponents of office acceptance argued that they were equally committed to
combating the 1935 Act, but work in legislatures was to be only a short-term
tactic
Gandhi’s a) Gandhi opposed office acceptance in the CWC meetings but by the beginning of
Position 1936, he was willing to give a trial to the formation of Congress ministries.
b) In February 1937, elections to the provincial assemblies were held.
c) Elections were held in eleven provinces—Madras, Central Provinces, Bihar,
Orissa, United Provinces, Bombay Presidency, Assam, NWFP, Bengal, Punjab and
Sindh.
Congress The Congress manifesto reaffirmed total rejection of the 1935 Act.
Manifesto for
Elections

Congress’ Congress won 716 out of 1,161 seats it contested. It got a majority in all provinces, except in
Performance Bengal, Assam, Punjab, Sindh and the NWFP.

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 Indian Polity – Synopsis Complete IAS

Chapter- 1 - Historical Background

Introduction  Britishers came to India in 1600 , by Queen Elizabeth I (1765) , ‘diwani’ rights- Bengal,
Bihar , Orissa
 1858 -‘Sepoy mutiny’, the British Crown assumed direct responsibility for the
governance of India.
 MN Roy thought for a need of constitution ( in 1934)
THE COMPANY
RULE (1773– 1. Regulating Act of 1773 –
1858)  1st step taken by the British Government to Control and regulate the affairs of the EIC in
India.
 Recognised political and administrative function of the Company;
 Laid the foundation of Central Administration in India.

Features–
 Designated the Governor of Bengal as the ‘Governor-General of Bengal’ first Governor-
General was Lord Warren Hastings.
 Assisted by 4 members Council. Fixed tenure – 5 years
 Governors of Bombay and Madras are under governor-general of Bengal.
 SC at Calcutta (1 Chief justice + three other judges)
 No Private trade.

2. Pits India Act, 1784 –

Rectify the defects of the Regulating Act, 1773

British Parliament passed the Amending Act, 1781, also known as ‘Act of settlement’

Features–

1. Distinguished b/w Commercial & and political functions of the Company.

2. Allowed, the Court of Directors to manage- Commercial affairs but Created- new body- called
Board of Control to manage political affairs. Thus, Established- system of – double govt.

3. Empowered the Board of Control to supervise and operations- of civil and military government
or revenues of the British possessions in India.

Act was significant- two reasons:

1. Company’s territories in India- called ‘British possessions in India’.

2. British Government was given the supreme control over Company’s affairs and its
administration in India.

3. Charter Act of 1833 –

Final steps towards centralization in British India

Features –
 Made Governor-General of Bengal as Governor-General of India (William Bentick-1st)
 Power- Civil & Military

NOTE – This Synopsis is not the substitute to any standard book. This will be most useful for
REVISION only when you have gone through the standard book at least once.
 Indian Polity – Synopsis Complete IAS

 Deprived the Governor of Bombay and Madras & Governor-General (G.G) of India was
given exclusive legislative powers for the entire British India.
 Ended- activities of East India Company- as a commercial body became a purely
administrative body.

Introduced open system competition – for selection of Civil Servants.

4. Charter Act of 1853 – Last Charter from 1793 to 1853

Features –
 Introduced open competition system of selection and recruitment of civil servants
[Macaulay Committee 1854]
 1st time – separated – Legislative & Executive Junction of G. General’s Council.
 Introduced 1st time – local representation in the Indian Legislative Council (out of the 6,
4 members were appointed by local (provincial) governments of Madras, Bombay,
Bengal and Agra.
THE CROWN
RULE (1858– Government of India Act, 1858 –
1947)  ‘Act for the Good Govt. of India’
 Abolished the East India Company (EIC) & transferred the powers of Govt, territories
and revenues to the British Crown.

Features –
1. Change – designation – G.G of India to Viceroy of India.
2. Ended – double govt. system – by – abolishing the Board of Control and Court of
Director.
3. Created new office, Secretary of State for India, vested – complete authority
4. Control over Indian Administration.
5. Established a 15-member Council of India to assist secretary for India, also chairman of
the council.
6. Largely confined– administrative machinery by which Indian Govt. to be supervised and
controlled in England.

NOTE – This Synopsis is not the substitute to any standard book. This will be most useful for
REVISION only when you have gone through the standard book at least once.
 Indian Polity – Synopsis Complete IAS

Indian Councils Important landmark in the constitutional and political history of India.
Act, 1861 1. It made a beginning of representative institutions by associating Indians with the law-
making process.
Features 2. It thus provided that viceroy should nominate some Indians as non-official members of his
expanded council.
3. Initiated – process of decentralisation by restoring the legislative powers to the Bombay and
Madras Presidencies. Reversed – centralising tendency that starting from 1773.
4. It establishment – new legislative councils for Bengal, North-Western Frontier Province
(NWFP) and Punjab.
5. Empowered the Viceroy to issue ordinances, without the concurrence of the legislative
council, during an emergency. The life of ordinance was 6 months.
 Increased no. of legislative councils and gave them the power of discussing the budget
Indian Councils and addressing questions to theexecutive.
Act, 1892  The Act – made a limited & indirect provision for the use of election in filling up some of
the non-official seats both in the Central and provincial legislative councils.

Indian Councils Known as Morley-Minto Reforms – Secretary Viceroy

Act, 1909  Increased the size of the legislative councils from (16 to 60), both Central and provincial.
 Provided for the association of Indians with the executive Councils of the Viceroy &
Governors. (Satyendra Prasad Sinha became the first appointed as the law member).
 Give separate electorate to Muslims.

Introduced system of Communal representation.

 Lord Minto – Father of Communal Electorate.
 Beginning of Non- official resolution in the Council.

Government of Montagu – Chelmsford Reforms (Montagu was Secretary, Chelmsford – Viceroy for India)
India Act, 1919  Relaxed the central control over the provinces by demarcating & separating the central
and provincial subjects.
 August, 1917 Montagu statement (Gradual development of self- government for India).
 Divided Provincial subjects—transferred and reserved subjects.
 Dual scheme of governance ‘dyarchy’.
 1st time bicameralism & direct election (introduced) 3 out of 6 members of Viceroy’s
Executive Council were to be Indian.
 Establishment of Public Service Commission (set up 1926).
 Granted franchise- limited – property, tax or education.
 Extended principle of Communal representative
 by separate electorates for Sikhs, Indian Christians, Anglo-Indians and Europeans.
 Separated provincial budgets from – Central budget
 Indian Legislature Council – called Indian Legislature

Significance –
 Simon Commission of 1927 was outcome of it. rewiatt act.
 Steps towards complete responsible government.
 Division of Subject – not satisfactory.
 The viceroy – retained control of the central govt & role of the mostly elected bicameral
Legislature remain advisory.
Government of
India Act, 1935 (Towards completely responsible government)
 Establishment of an All-India Federation (Provinces and princely)
 Power b/w centre & unit in 3 list – Federal List (59 items), Provincial List (54 items) and
Concurrent List (36 items).
 Abolished dyarchy in the provinces & introduced
 ‘Provincial Autonomy’ in its place.

NOTE – This Synopsis is not the substitute to any standard book. This will be most useful for
REVISION only when you have gone through the standard book at least once.
 Indian Polity – Synopsis Complete IAS

 Provided for the adoption of dyarchy at the Centre.

 Bicameralism in 6 out of 11 provinces. Many restrictions placed separate electorates for
(Scheduled Castes), women and labour.
 Extended the franchise, more than 10% of total population got voting right.
 Establishment of a RBI to control the currency and credit
 Establishment of not only a Federal Public Service Commission also Provincial Public
Service Comm. & Joint Public Service Commission.
 Establishment of Federal Court set up in 1937.
Indian Causes –
Independence
Act, 1947  World War- 2
 Weakened British economically
 Role of TNA outside India as well as in India.
 Cripps proposal, 1942
 Suit India Movement Launched by Gandhi in 1942.
 Cabinet Mission Plan, which provide for making Constituent Assembly.
 Revolt of Indian Navy & Indian Army against Britishers

Features of the Act –

1. Act ended British rule in India.

2. Division of British India into Pakistan & India.
3. A governor-general for each dominion created.
4. India – Lord Mountbatten (15th Aug’ 17 – 21 June 1948)
5. C. Rajagopal chari (21 June 1948 – 28 June 1950)
6. Pakistan – Jinnah
7. Termination of British suzerainty over the Princely state.
8. Division of Punjab & Bengal.
9. Abolished office of the SOS.
10. Removed the title “Emperor of India” from the royal titles of the British Monarch.

Chapter- 2 - Making of the Constitution

DEMAND FOR In 1934 – MN Roy – 1st time put the Idea of constituent Assembly.
CONSTITUENT
ASSEMBLY In 1935 – INC – demanded a CA to frame the const. of India.

In 1938 – J.L Nehru on the behalf of INC declare.

Finally, demand was accepted in principle by British Govt, known as “August Offer” of 1940.

In 1942, Sir Stafford Cripps – came to India – Framing of an independent Constitution to be

adopted after the World War II. {Cripps Proposals rejected by Muslim}
COMPOSITION OF  Constituent Assembly (CA) was constituted – In Nov 1946 – under the scheme
THE CONSTITUENT formulated by the Cabinet Mission Plan.
ASSEMBLY
Total Strength (Members) 389 – 296, British Indian – 292 from 11 governor & 4 Chief
Commission Provinces and, 93, Princely states (nominated by head)

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REVISION only when you have gone through the standard book at least once.
 Indian Polity – Synopsis Complete IAS

 Seat allocation on principle of Community based on population.

Synthesis of Parliament
Sovereignty & Judicial
Supremacy
Scope of Judicial Review
 Roughly, 1 seat = 10, 00,000 people.
 Method of election – proportional representation by means of single transferable
votes.
 Provinces members – elected – by members of L. Assembly.
 Princely states – selection – on basis of nomination/consultation.
 Election – July – August 1946
 208 – congress, 73 – Muslim League
 15 – others, 93 seats vacant – No Nomination
 Sovereignty of Parliament : British Principle
 Supremacy of Judiciary: American principle
 The India system combines these principles to establish a system that suits our needs.
 SC can declare any Parliamentary law as a unconstitutional (Article 13s power of
judicial review)
 Parliament can amend large parts of the Constitution.
 In India, Judicial Review Power of SC is narrower than scope in USA (due process of
law)
 India follows principle of ‘procedure established by law’

(Article 21): No person shall be deprived of his life or personal liberty except according to
procedure established by Law.
Procedure established by A law established by the legislature, following correct protocols and procedures
Law
Problem in it: - may not be fair, may not uphold principles of justice and equity.

Due process of Law:-  Checks if the law is fair and just.

 American theory contains many implied rights.
 Due process balances the power of the law of the land and protects the individual
person from it.
 The state must respect all rights that are omed to a person and laws that the state exacts
must conform to the laws of the land.
 The DPL clause developed from the Magna carta of England ( 1215CE)
 In India, the SC interrupted the principle of DPL into the PEC close in the Monika
Gandhi case (1978).
 Justice P.N. Bhagmati: the Constitution mandates “fair” procedure when the rights are
deprived.

Chapter- 3 - Salient Features of the Constitution

FEATURES OF THE 1. Lengthiest written Constitution
CONSTITUTION
Till 2016 it has a preamble, 46s Articles, 25 Parts & 12 Schedules

- Why is it so lengthy?

 It’s for a very vastness and diverse country.

 Single constitution for the whole country (except J & K)
 Influenced by the very length GOI Ac 1935.
 Written by Lawyers
 Has administrative provisions in addition to principles of governance
 Many factors that are often covered in ordinary legislation by other modern

NOTE – This Synopsis is not the substitute to any standard book. This will be most useful for
REVISION only when you have gone through the standard book at least once.
 democracies are incorporated in the constitution.

2. Rigidity and Flexible Constitution

Rigid: Special procedure for amendment-

 Article 368
 Either by special majority
 Or special majority & rectification by at least half of the States.
 Special majority: - 2/3 majority of members of each house present and voting &
majority (50%) of the total membership of each house.

Flexible: Some provision of the constitution can be amended with special majority.

Not amendments under Article 368.

Eg: Altering boundaries of states

3. Federal System with Unitary Bias

Federal Features: Two governments, written constitution, independent judiciary,
bicameralism, division of powers, supremacy and rigidity of constitution.
Unitary Features: Strong Centre, Single constitution, Single citizenship, flexibility of the
constitution, integrated judiciary, centre appointing the state governor, All- India services,
emergency provision

 Term ‘federation’ not used anywhere in the constitution.

 India is a ‘Union of States’(Article1)
 Indestructible.
 No right to secede from the union.
 Not the result of an Agreement b/w states.
SALIENT Imp. Amendment – 7th, 42nd, 44th, 73rd, 74 Const. Amend. Act
FEATURES OF THE
CONSTITUTION 42nd CAA (1976) known as Mini Constitution.

1. Lengthiest written Constitution (Geographically, Historically, single constitution,

Dominance of Legal luminaries)

395 Article, 22 parts, 8 schedules.

Presently, 465 Article, 25 parts, 12 schedules.

2. Drawn from various sources different countries + Act of 1935 (too Bulky) B.R. Ambedkar
– Ransacking of all known constitution.

Structure part- 1935 Act

Philosophy- Preamble + Right + DPSP

3. Blend/ Mixup of Rigidity & Flexibility (as some can be amend by 2/3rd or simple or
absolute Majority)

4. Federal system with unitary bias Two govt. division of power written constitution
 supremacy of constitution rigidity, independent Judiciary & bicameralism –

Quasi-Federal, Co- operative Febralism

A strong Centre, single Constitution – 1. Citizenship

2. Integrated Judiciary

Art 1 – Union of state implies 2 things:

1. Indian Federation cannot exist.

2. Not on the basis of contact

5. Parliamentary govt/West Minister Model – Based on coordination & cooperation b/w

Legislative & executive organ.

 Doctrine of Parliament – British

 Judicial – American
Integrate & Independent Judiciary

USA – Federal Law – Federal only

State Law – state Judicary.

 Indian SC Judicary area in whole territory.

Features  Fundamental Rights
 DPSP
 Duties
 Secular State
 Universal Adult Franchise, 21 years – 18 year 61st C.A , 1988
 Single Citizenship
 Independent bodies viz CAG
 Election Commission, UPSC, SPSC etc.
 Emergency Provision
 Three-tier Government
Sources of Indian Important Sources of Indian Constitution
Constitution
Govt. of India Act – Federal structure, Centre – state Relation, Administrative setup (office of
Governor, Public service commission.

British Constitution – Parliamentary Model, Cabinet system, Writ Jurisdiction

US Constitution – FR, Judicial Review, Preamble, Impeachment of President, removal of SC

& HC Judge.

IRELAND – DPSP Elected President

CANADA – Residuary Power, MP & MLA Privileges Concurrent List

Australia – Joint sitting of Parliament

 Germany – Emergency Provision.

South Africa – Procedure of Constitution Amendment

Japan – Procedure established by Law

French – Republic & the Ideals of Liberty, equality & Fraternity in the Preamble.

Criticism  Borrowed Constitution

 Carbon copy of 1935
 UN – Indian or Anti Indian
 An – UN Gandhian Constitution
 Elephantine size
 Paradise of Lawyers (legalistic or Complicated)

Chapter 4- PREAMBLE OF THE CONSTITUTION

Preamble of the What is a Preamble?
Constitution
 An Introduction/Preface to the constitution.
 Holds the essence of the Constitution.

Our Preamble

 Based on the objectives Resolution

 Reveals that the constitution derives its authority from the People of India ( It
starts from we the people of India)
 Outlines the objectives of constitution (justice, liberty, equality and fraternity)
 Also tells on the day which it is adopted i.e. 26 Nov, 1949.

We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
Sovereign, Socialist, Secular Democratic Republic and to secure all its citizens;

 Justice, Social, Economic and Political;

 Liberty of thought, expression, belief, faith and worship;
 Equality of status and opportunity; and to promote among them all;
 Fraternity assuring the dignity of the individual and the unity and integrity of the
Nation;
 In our Constituent Assembly this twenty –sixty day of November, 1949, do
hereby adopt, Enact And Give to ourselves This Constitution.
 42nd C.A 1976. Added the term Socialist Secular and integrity in the Preamble.

Significance  Part of the Constitution

 But Non justiciable (not enforceable by law)
 Not a source of power.
 Not a Limitation of powers.
 Kesavananda Bharati (1973) SC, Preamble is a part.
 LIC of India case (1995)
 (Berubari Union Case, 1960: SC Said Preamble not a part)
 Outlines the basic philosophy and Fundamental values of the constitution.
 M Hidayatullah (former CJI):”the soul of the constitution”.
Amendability Amended once 42nd C.A, 1976

There new words added: Socialist, secular & Integrity.

Kesavananda Bharati case: SC used Preamble can be amended under Article 368, subject
to basic features document. (Means Article 368 cannot be used to destroy or
delete/damage the basic elements or the fundamental features of the Constitution, which
are enshrined in the Preamble.

Terms used under 1. Sovereign:-

Preamble  India is an independent state.
 Not a dominion, nor dependent on any other state/nation etc.
 No authority above it.
 Conducts its own affairs.
 India’s membership of the Commonwealth or the UNO does not limit her
sovereignty.
 Can acquire foreign territory, or cede a part of its territory
2. Socialist:-
 Earlier an implicit principle expressed through DPSPs.
 Made explicit by the 42nd C.A 1976.
 INC Avadi Session (1955): Resolution to create a socialist pattern of Society.
 Democratic Socialism, not communist Socialism.
 Communist socialism: state socialism
o Nationalisation of means of production
o Abolition of private property.
 Democratic Socialism: mixed economy
o SC: aims to end poverty, ignorance, disease and inequality of opportunity.
o Mixed form of Gandhian Socialism with influences of Marxism socialism.
o NEP 1991 diluted socialism principles
3. Secular:- (Refer ch-3)
 Added with the 42nd CA 1976.
 But implicit through articles 25-28.
 Indian constitution embodies the positive concept of Secularism i.e. all religions
in our country (irrespective of their strength) have the same status and support
from state.
4. Democratic:-
 Power with the people.
 Popular sovereignty (Based on doctrine of popular sovereignty)
 India has representative parliamentary democracy with
o UAF
o Regular elections
o Independent Judiciary
o Rule of Law
 Preamble indicates existence of political and social and economic democracy.
 Democracy is of two types: direct & indirect
 Switzerland has direct democracy in which people exercise their supreme power
directly.
 It has devices:
o Referendum: a proposed legislation is referred to the electoral for settlement by
direct vote.
o Initiative: People can propose a bill
o Recall: Voters can remove a representative
o Plebiscite: mid of obtaining opinion of the people on any public issue. Usually
used for territorial disputes.
 The Indian constitution provides for representative parliamentary democracy
under the executive is responsible to the Legislative for the all its policies and
actions.
 This dimension was stressed by Dr. Ambedkar in his concluding speech in the
 constituent Assembly on November 25,1949, in the following way:
“Polical democracy cannot last unless there lies at the base of its social
democracy. What does social democracy mean? It means a way of life which
recognizes liberty, equality and fraternity. The principles of liberty, equality and
fraternity are not to be treated as separate items in a trinity. They form a union of
trinity in the sense that to divorce one from the other is to defeat the very
purpose of democracy. Liberty cannot be divorced from equality, equality
cannot be divorced from liberty. Nor can liberty and equality be divorced from
fraternity. Without equality, liberty would produce the supremacy of the few
over the many. Equality without liberty, would kill individual initiative”.

5. Republic:-
 Elected head of state and elected indirectly for fixed period of 5 years i.e,
President
 Popular Sovereignty with the people, not in an individual like a queen.
 Absence of a privileged class
 Public office opens to all citizens without any discrimination.
6. Justice:-
Three aspects of justice in the preamble.

1. Social: equal treatment without any social distinctions (e.g. on basis of caste,
sex, religion etc)
 Absence of privileges for any section of the society.
 Improvement of conditions of disadvantaged sections.
2. Economic: Non- discrimination on basis of class.
Removing wealth, income, property inequalities.

3. Political: equal political rights, access to political offices and institutions etc.
Distributive justice: Combination of economic and social justice,

 Idea of Justice: From Russian Revolution

 Secured through FR and DPSP.
7. Liberty:-
 Absence of privileges to any section of society.
 Opportunities without discrimination.
 Preamble: equality of status and opportunity.
 Civic, political and economic equality.
 Civic equality assured through.
o Article 14: equality before Law
o Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex
or place of birth.
o Article 16: equality of opportunity in public employment.
o Article 17: Abortion of untouchability
o Article 18: Abolition of titles.
 Political equality through:
o Article 325: no discrimination on inclusion in electoral rolls.
o Article 326: right to vote; UAF.
 Economic equality through:
o Article 39 (DPSP): equal pay for equal work for men, women, right to an
adequate livelihood.

9. Fraternity:-

 Sense of brotherhood (sorority: sisterhood)

 Expressed through system of single citizenship.
 FD: Article 51- A
o To promote harmony and the spirit of common brotherhood amongst all the
 people of India transcending religious, linguistic and regional or sectional
diversities and to renounce practices derogatory to the dignity of women.
 Fraternity has to secure dignity of the individual and the unity and integrity of
the nation.
 Individual dignity: Material betterment, democratic set up, personal
development.
 Unity and integrity of the nation: Psychological and territorial dimensions.
o Overcoming issues like communalism, casteism, regionalism that hinder
national integration
o Article 1: India is a union of states.
 The Preamble declares that fraternity has to assure two things. The dignity of the
individual and the unity and integrity of the nation.

Chapter- 5 - Union and its Territory

Articles 1 to 4  Part 1 of the Constitution
 “Union and its Territory”
Article 1  Name and Territory of the union
 India, that is, Bharat is a union of states
 States are dividing only for administrative convenience not that states have any
predetermined identity.
 First Schedule: these talks about the Names and territorial extent of states.
 29 states and 7 union territories
 Territory of India: States + UTs + territories that may be acquired by the
Government of India.
 Union of India: only states
 India can acquire foreign territory as it is a sovereign state
 Methods of acquisition: cession, occupation, conquest or subjugation (following
treaty, purchase, gift, lease or plebiscite)
 India acquire Goa, Daman and Diu, Sikkim etc.
Article 2  Admission or establishment of new states.
 Parliament can admit into the Union of India, or establish new states on such
terms and conditions as it thinks fit.
Article- 2 A  Sikkim to be associated with the Union-Repealed

Article 3:- (Parliament’s Power to Recognise the States)

 Formation of new states and alternation of areas, boundaries or name of existing

states.
 Parliament can increase or decrease the areas of any state.
 Alter the boundary or name of any state.
 Create new states by
 Separating territory from any state.
 Uniting states or parts of states
 Uniting territory with states or part of states
 Parliament can redraw the political map of India according to its will”
 To do this, President has to get the views of the state legislature comerued.
 Then, can recommend introduction of bill to the Parliament (not possible
without Presidents reco)
 President not bounded by the views of the state.
 For UTs, Parliament can take decisions without reference of the President or
opinion of the UT.
Article 4 Laws made under Article 2 and 3

 i.e., admission or establishment of new states and formation of new states and
 alternation of areas, boundaries or names of existing states.
 Are not amendments under Article 368
 Need simple majority. (constitution is flexible)
 Ordinary Legislative process.
Berubari Union 1. In 1960, SC examined if the power of the Parliament to diminish areas of states
Case means that the Parliament can cede Indian Territory.
2. The Central govt. Had decided to cede the territory of Berubari Union in West
Bangal to East Pakistan.
3. SC said that the Parliament cannot Indian territory to a foreign country under
Article 3
 Can only cede by amendment under Article 368.
 Thus, 9th CA 1960.
4. But settlement of boundary dispute can be through execution action no need for
CA.
100th CA, 2015  For exchange of certain territories between India and Bangladesh
 India to Bangladesh: 111 enclaves
 Bangladesh to India: 51 enclaves
 Demarcations of 6.1 km Border
 Modified territories of Assam, West Bengal, Meghalaya and Tripura.

India- Bangladesh Boundary

1. 4000 km
2. Determined by Radcliffe Line, 1947
3. Bagge Award (1950) and Nehru-Noon Agreement (1958) tried to resolve some
disputes.
4. 1960: Berubari union case, 9th CA
5. 1974: Land Boundary Agreement b/w India and Bangladesh
6. To solve demarcation of boundary issue.
7. Not ratified as it involved some exchange of territory which would need CA.
8. 2011: Protocol to the 1974 Agreement
 Governments of Assam, Meghalaya, West Bengal and Tripura coordinated.
9. 2015: Revised version of 1974 Agreement adopted, i.e. 100th CA.
Integration of 1. At the time of Independence, 552 princely states in the Indian Boundary.
Princely States 2. 549 joined India.
3. Hyderabad, Kashmir and Junagarh refused to join.
4. Integration of these 3 states took place as:
 Hyderabad : police action
 Junagarh: Referendum
 Kashmir: Instrument of Accession.
Reorganisation of 1. Initially, ad hoc structuring on status in four parts.
States 2. Demand for reorganisation on Linguistic basis.
3. June 1948: JPV Committee
 Chair: SK Dhar (Dhar Commission)
 Suggested Administrative convenience over linguistic reorganisation.
4. December 1948: JPV Committee
 Jawaharlal Nehru, Sardar Vallabhbhai PATEL and Pattabhi Sitaramayya
 Rejected Language as basis for reorganisation.
5. October 1953: Government forced to create Andhra Pradesh out of Madras on
Linguistic basis.
 Extended agitation and death Gandhian activist and prominent congress Leader
Potti Sriramulu after a 56-day hunger strike.
6. December 1953: 3 member states Reorganisation commission appointed under
Fazl Ali (Fazl Ali Commission)
 KM Panikkar and H N Kunzru
 Rejected one Language one state theory.
 4 factors should be considered while states reorganisation
 Unity and security of India
 Linguistic and cultural homogeneity
  Considerations of finance, the economy and administration
 Welfare of people and nation.
 Suggested 16 states and 3UTs over the existing 4 part division of states.
 Recommendations accepted
 States reorganisation Act 1956
 7th CA 1956
Territory of India 14 States and 6 UTs created;
in 1956
States: Andra Pradesh, Assam, Bihar, Bombay, Jammu and Kashmir, Kerala, Madhya
Pradesh, Madras, Mysore, Orissa, Punjab, Rajasthan, Uttar Pradesh, West Bengal

UTs: Andaman and Nicobar Islands; Delhi; Himachal Pradesh; Laccadive, Minicoy and
Amindivi Islands; Manipur; Tripura.

Evolution of Year State/UT Details

States and UTs
1953 Andhra Pradesh Out of Madras; first linguistic state

1954 Daman and Diu Occupied from Portugese,10th CA 1961: UT

1954 Puducherry Occupied from the French, 14th CA 1962: UT,

Name Change 2006

1960 Maharashtra & Gujarat Bombay divided

1961 Goa, Daman & Diu Acquired from Portuguese with police action.

12th CA 1962: UTs

1987: Statehood to Goa

1963 Nagaland Naga Hills and Tuensang carried out of Assam.

1966 Haryana & Chandigarh Carried out of Punjab, on recommendation of the

Shah Commission (1966); demand for Sikh
homeland by Akeli Dal, Led by Master Tara
singh

1971 Himachal Pradesh Statehood (18th state of Indian union

1971 Meghalaya, Manipura & Statehood

Tripura

1975 Sikkim 36th CA1975: Full statehood, Article 2A and

Schedule 10 repealed, Article 371F added (after
Referendum)

History: Till 1947, a primely state ruled by

Chogyal Protectorate in 1947 35th CA 1974 made
Sikkim an Associate state, added Article 2A and
Schedule 10 (terms of Association)

1987 Mizoram & Arunachal From UT to state via 1986: Mizo Peace Accord-
 Pradesh CooI and Mizo National Front

2000 Chhattisgarh, Jharkhand From MP, Bihar and UP respectively

& Uttarakhand

2014 Telangana From Andhra Pradesh

Name Change Year State/UT Name changed to

1950 United Provinces Uttar Pradesh

1969 Madras Tamil Nadu

1973 Laccadive, Lakshadweep Islands

Minicoy and
Amindivi Islands

1973 Mysore Karnataka

1992 Delhi 69th CA 1991: National Capital Territory of Delhi

(UPSC Mains Ques or 69th CA)

2006 Uttaranchal Uttarakhand

2006 Pondicherry Puducherry

2011 Orissa Odisha

Article Related to Article No. Subject Matter

Union and its
Territory 1 Name and Territory of the union.

2 Admission or establishment of New states

2A Sikkim to be associated with the Union- (Repealed)

3 Formation of new states and alternation of areas, boundaries or names

of existing states.

4 Laws made under Article 2 and 3 to provide for the amendment of the
First and Fifth schedules and supplemental, incidental and
consequential matters.

Article (1- 4) Union and its Territory

Art- 1 Not on federation-

1. Territory of state
2. UT, that are acquired with time –
 Purchase
 8UT lease
  Occupation, conquest
 subjugation
Art- 2 Empowers for admission of New state in Union of India or establish, new state on such
condition he think fit.

Art- 3 Authorises Parliament to-

a) From a new state by separation of territory for any state by Uniting

b) Increase the size (area)
c) Dimish the size (area)
d) Alter the boundaries of State
e) Alter the name of any state

Bill –

Introduced with prior recommendation of the President.

Before permission President can refer to state for expressing its view in specified time
not binding, president can reject: Parliamentary supremacy.

India is an Indestructible Union of destructible states where as USA ia an Indestructible

union of destructible states.

Art- 4  Acc. To Art 4, such a bill itself contains the provisions of amendment of
schedule 1 & 4 and for this no separate Constitutional Amendment under Art.
368 required.
 First Linguistic state ‘Andhra State’

Power to dimish under Article 3 –

 9th CA 1960 was done to transfer Region of Berubari.

 100th CA 2014, to transfer & acquiring each other.
 Territory, India – 111 B’desh (40967.7 KM) – 51 India.
Dhar Commission  Need – Integration was purely on adhoc agreement.
 Demand of state on Linguistic basis in South (inc.)
Fazal Ali Fazal Ali + KM Panikkar + HN KUNZRU
Commission
 Rejected theory of one state one Language.

 Linguistic & Cultural homogeneity.

 Financial & Economic consideration.

 Pluming & promotion of Welfare of people end the four fold classification of
state.

 Preservation & strengthening of the Unity & securing of the country.

 As a result 14 states + 6 UT on November 1, 1956.