CONSTITUTION OF INDIA

1
INTRODUCTION AND HISTORICAL BACKGROUND

(c) Shweta Kumar Devgan

HISTORICAL BACKGROUND 2
• 1600: British came to India as traders.
• 1765: Company obtained the Diwani  Rights
over revenue and civil justice of Bengal Bihar
and Orissa.
• 1858: Sepoy Mutiny: British crown assumed
direct responsibility for the governance of India.
• This continued till 1947.
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Need for a Constitution: 3

• With independence came the need for a

Constitution  M.N ROY: A pioneer of
communist movement in India and an
advocate of Radical democratism in 1934
suggested the need for a Constituent
Assembly in 1934.
(c) Shweta Kumar Devgan
ROOTS OF INDIAN CONSTITUTION IN
THE BRITISH RULE 4

• Certain events in the British rule laid

down the legal framework for the
organisation and functioning of
government and administration in British
India. These events greatly influenced our
Constitution.
(c) Shweta Kumar Devgan
Regulating Act, 1773 5
• First step by the British Government to regulate the affairs of East India
Company
• Establish a central administration
• Determine the form of Indian Government
• First statute that recognises the Company as fulfilling functions other than
those of trade.
• Established a definite system of Government in India
• Designated the Governor of Bengal as the Governor General of Bengal  1st
one was Warren Hastings.
• Subordinated Governor of Bombay and Madras to Governor General of Bengal
• Established the Supreme Court at Calcutta

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Pitts India Act, 1784 6
• Indian Affairs came under direct control of British
Government in Britain
• Distinguished between commercial and political
functions of the Company
• Board of Control (representing British Cabinet) was
established to manage political affairs of the
Company.
• Introduced dual government in India.
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Charter Act of 1833 7
• First step towards centralisation in British India
• GG of Bengal became the GG of India, GG was vested with
all civil and military powers, and Governors of Bombay and
Madras were deprived of their legislative powers.
• Created Government of India, for the first time having
authority over British India.
• Ended activities of East India Company as a commercial
body
• Presidency of Bengal was divided into 2 parts- Bengal and
Agra.
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Charter Act of 1853 8
• Separated Legislative and Executive functions of the
Governor General’s Council.
• A separate Lieutenant Governor was appointed for
Bengal.
• Created separate Legislative Councils for India, but
only officials as its members.
• Also introduced open competition for civil services of
the Company and deprived the directors of the
Company their patronage powers.
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Government of India Act 1858 9
• Rule of Company was replaced by the Rule of Crown
• Secretary of State for India was appointed to exercise
the power of the crown- He was a member of British
Cabinet, responsible to British Parliament and
Assisted by Council of India having 15 members.
• Governor General became the agent of the Crown.

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Indian Councils Act, 1861 10
• Introduced some Indians as non-official members in Legislature.
• Provision was also made for the inclusion of some Indians in the Governor
general’s council.
• Thus the seeds of Parliamentary system were sown in India (representative
Institutions)
• Initiated process of decentralization by restoring Bomaby and Madras’
legislative powers.
• Policy of legislative devolutions introduced which culminated into grant of
almost complete internal autonomy of Provinces in 1937.
• Empowered the Governor General to frame rules of business (powers that
Indian President has today under Article 77
• Statutory recognition to portfolio system
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Indian Councils Act, 1892 11

• Introduced indirect elections. GG still has the

power to nominate members.
• Enlarged functions of legislative councils. They
had power to discuss budget and address
questions to the executive, but they were not
given the power to vote.

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Indian Councils Act, 1909: Morley
Minto Reforms 12
• Changed the name of Central Legislative Council to
Imperial Legislative Council.
• Attempted for the first time the introduction of
representative and popular element in the
government.
• Introduced separate electrorate system.
• Introduced communal representation for Muslims.
• Lord Minto is called the father of communal
electrorate.
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Government of India Act, 1919
(Montagu- Chelmsford Reforms) 13
• Separated central subjects from provincial.
• Provincial subjects were of 2 types: 1. Transferred and 2. Reserved.
• Transferred subjects were administered by Governor with aid of ministers
responsible to the Legislature.
• Reserved subjects administered by Governor and his executive council without
any responisbility to Legislature.
• Introduced Bicameral Legislature (Upper and Lower House)
• Introduced direct elections for the first time as majority members of both
houses were directly elected.
• Local self government became a provincial and transferred subject under a
responsible Indian Minister.
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Government of India Act, 1935 14
• Provided for establishment of All India Federation with its units
consisting of provinces and princely States (they didn’t join and so
federation didn’t come into existence).
• 3 lists of subjects- Federal, Provincial and Concurrent.
• Introduced Residuary powers with Governor General.
• Introduced Responsible governments in provinces (i.e. Governor
responsible to Provincial legislature)
• Provided for protection of rights and privileges of members of civil
services.
• Provided for the formation of Provincial Public Service Commission
and Joint Public Service Commission.
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Indian Independence Act, 1947 15
• Declared India as an independent and Sovereign State.
• Created 2 independent dominions, GG of each appointed
by the Queen.
• Designated GG of India and Provincial Governors as
constitutional heads. (nominal heads)
• It assigned dual functions (i.e. Constituent and
legislative) to the Constitutent Assembly in 1946.
• It declared this dominion legislature as a Sovereign Body.
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SOURCES OF INDIAN CONSTITUTION:
UK 16
 Parliamentary system
Bicameral Parliament
Lower House more Powerful
Powers of speaker in Lok Sabha
Prime Minister
Council of Ministers
Council of Ministers responsible to lower house
Single Citizenship
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SOURCES OF INDIAN CONSTITUTION:
USA 17

Written Constitution
Fundamental Rights
Supreme Court
Head of State (President)
Judicial Review

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SOURCES OF INDIAN CONSTITUTION:
Australia. 18
 Concurrent List
 Centre- State Relationship
Erstwhile USSR
 Fundamental Duties
 5 Year Plans.
Germany
 Emergency Provisions
Canada
 Federal system
 Residuary powers
South Africa: Procedure for Constitution Amendment
Ireland: Concept of Directive Principles of State Policy.
(c) Shweta Kumar Devgan
FACTS ABOUT THE CONSTITUENT
ASSEMBLY 19
• The Cabinet Commission (1946) comprised of 3 Labour Party Cabinet members- Lord Pethick Lawrence, Sir
Stafford Cripps and A.V. Alexander who recommended the formation of an interim government and
creation of the Constitution. The interim Government was formed under Jawaharlal Nehru.
• Total members: 389  296 were indirectly elected from British India and 93 were nominated by Princely
States. Thus the Constituent Assembly had nominated as well as elected members.
• The Constituent Assembly met for the first time in New Delhi on 9 th December, 1946 in the Constitution
Hall which is now known as the Central Hall of Parliament House. 207 representatives including 9 women
were present.
• Sachinaanand Sinha, the oldest member, was elected as the temporary President of assembly.
• The Muslim League Boycotted the C.A.
• Dr. Rajendra Prasad and H.C. Mukharjee were elected as President and Vice-President of the assembly,
respectively.
• Sir B.N Rau was appointed as the constitutional advisor of the assembly.

(c) Shweta Kumar Devgan

FACTS ABOUT THE CONSTITUENT
ASSEMBLY 20
• The Constituent Assembly took 2 years, 11 months
and 17 days to complete its historic task of drafting
the Constitution of independent India.
• As to its composition, members were chosen by
indirect elections by the members of the Provincial
Legislative assemblies.
• On August 29, 1947, the Constituent Assembly set up
a Drafting Committee under the Chairmanship of Dr.
Bhim Rao Ambedkar to prepare a Draft Constitution
for India.
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APART FROM MAKING THE CONSTITUTION OTHER
FUCNTIONS OF THE CA WERE: 21
• Ratified India’s membership of the
Commonwealth in May 1949
• Adopted National Flag on 22nd July 1947
• Adopted National Song and National Anthem on
January 24, 1950
• Elected Dr. Rajendra Prasad as the first President
of India on January 24, 1950.
(c) Shweta Kumar Devgan