Constitutional Framework — Historical Acts 1773–1947 & Constituent Assembly

1. Acts Before 1858 — Company Rule Period

1.1 Regulating Act, 1773

The first step by Parliament to regulate the East India Company. Background: the Company's misrule in Bengal after Plassey (1757) led to famine (1770) and financial crisis.

• Designated the Governor of Bengal as Governor-General of Bengal — first holder: Warren Hastings.
• Created a Supreme Court at Calcutta (1774) — first chief justice: Sir Elijah Impey.
• Made Governors of Bombay and Madras subordinate to Governor-General of Bengal.
• Prohibited Company servants from engaging in private trade or accepting gifts.
• Established a 4-member Executive Council to assist the Governor-General.

1.2 Pitt's India Act, 1784

Remedied defects of the Regulating Act by creating a dual system of control:

• Created a Board of Control (6 members including Secretary of State and Chancellor of Exchequer) in London — supervised civil, military and revenue affairs.
• Company's Court of Directors retained commercial functions.
• Made the Governor-General's Council a 3-member body (reducing from 4).
• Distinguished between commercial and political functions of the Company for the first time.

1.3 Charter Act, 1813

• Ended the Company's trade monopoly in India (except for tea and trade with China).
• Asserted sovereignty of the British Crown over Company territories.
• Allowed Christian missionaries to come to India.
• Earmarked ₹1 lakh per year for education of Indians — first provision for Indian education.

1.4 Charter Act, 1833

A landmark act — moved India decisively toward centralized administration.

• Made the Governor-General of Bengal the Governor-General of India — first: Lord William Bentinck.
• Deprived Bombay and Madras Presidencies of their legislative powers — all legislative power centralized at the Governor-General-in-Council.
• Ended the Company's trade monopoly completely (including tea and China trade).
• Company became purely an administrative body.
• Provided that no Indian be debarred from holding office on account of religion, place of birth, descent or colour — first equal opportunity provision.
• Provided for a Law Commission (Lord Macaulay was its first member) — led to Indian Penal Code 1860.

1.5 Charter Act, 1853

• Separated the legislative and executive functions of the Governor-General's Council for the first time — created a separate Legislative Council with 6 additional members.
• Introduced open competition for civil services — the beginning of the ICS system (Macaulay's Committee, 1854).
• Did not specify the Company's future duration — signalled impermanence of Company rule.
• First instance of local representation in the Legislative Council (4 representatives from provincial legislatures).

2. Acts Under the Crown (1858–1919)

2.1 Government of India Act, 1858

Passed after the Revolt of 1857 — ended Company rule and transferred power to the Crown.

• India to be governed by and in the name of the British Crown.
• Governor-General of India renamed Viceroy of India — Lord Canning became the first Viceroy.
• Created the post of Secretary of State for India (a Cabinet member) assisted by a 15-member Council of India.
• Board of Control and Court of Directors abolished.

2.2 Indian Councils Act, 1861

• Introduced portfolio system in the Viceroy's Executive Council (Lord Canning initiated it).
• Restored the legislative powers of the Bombay and Madras Presidencies (reversed the 1833 centralization).
• Allowed the Viceroy to associate Indians with the law-making process — nominated 6–12 additional members to expanded legislative council.
• Empowered the Viceroy to issue ordinances without prior approval of the legislative council (during emergencies) — valid for 6 months.
• Beginning of decentralization in India — recognized provincial legislative councils.

2.3 Indian Councils Act, 1892

• Increased the number of additional (non-official) members in the central and provincial legislative councils.
• Gave legislative councils the power to discuss budget and ask questions (but not supplementary questions).
• Introduced the principle of indirect elections — though the word "election" was not used; members were "recommended" by bodies like municipalities and district boards.

2.4 Indian Councils Act, 1909 — Morley-Minto Reforms

Named after Secretary of State John Morley and Viceroy Lord Minto.

• Greatly increased the size of legislative councils (central council: 60 members; provincial councils: 50).
• Introduced the principle of election — for the first time used the word "election."
• Provided separate electorates for Muslims — the most controversial and consequential provision (sowed seeds of partition).
• Indians allowed for the first time in the Viceroy's Executive Council — Satyendra Prasad Sinha became the first Indian member (as Law Member).
• Members could now ask supplementary questions and move resolutions on the budget.

3. Government of India Act, 1919 — Montagu-Chelmsford Reforms

Named after Secretary of State Edwin Montagu and Viceroy Lord Chelmsford. Introduced in the backdrop of Tilak's Home Rule movement and World War I demands.

3.1 Dyarchy at the Provincial Level

Dyarchy (double government) — the most important feature:

• Provincial subjects divided into Reserved (finance, law, police — governed by the Governor and his Executive Council, not responsible to the legislature) and Transferred (education, health, agriculture — governed by ministers responsible to the legislature).
• Transferred subjects handled by Indian ministers accountable to elected legislature.
• Reserved subjects remained with appointed bureaucrats — made dyarchy a hybrid and unsatisfactory arrangement.

3.2 Other Key Provisions

• Made the Central Legislature bicameral — upper house: Council of State; lower house: Legislative Assembly (Central). First bicameral legislature at the centre.
• Introduced direct elections for the first time.
• Extended separate electorates to Sikhs, Christians, Anglo-Indians and Europeans.
• Set up a Public Service Commission in India (1926 — Lee Commission recommended).
• Introduced the concept of a fiscal budget — separated railway budget from general budget.
• Provided for a statutory commission every 10 years to review the Act — led to the Simon Commission (1927).

3.3 Simon Commission (1927)

• 7-member commission, all British, headed by Sir John Simon — boycotted across India ("Go Back Simon").
• Submitted report in 1930 — recommended abolition of dyarchy and extension of responsible government at provincial level.
• Led to Round Table Conferences (1930–32) and ultimately the GoI Act 1935.

4. Government of India Act, 1935 — The Constitution's Principal Source

The longest act in British Parliamentary history (321 sections, 10 schedules). About 250 provisions of this act were incorporated (verbatim or with changes) into the Indian Constitution — making it the most important source.

4.1 Federal Structure

• Provided for an All-India Federation comprising British Indian Provinces and Princely States — the federal part never came into operation as the requisite number of Princely States never acceded.
• Three lists: Federal List (59 subjects, exclusive), Provincial List (54 subjects), Concurrent List (36 subjects).
• Residuary powers with the Governor-General (not the Centre or States — this was criticised).

4.2 Provincial Autonomy (Most Important — Came Into Force)

• Abolished dyarchy at the provincial level — replaced with full Provincial Autonomy.
• Provinces given separate legal identity and financial resources.
• Governors acted on the advice of ministers responsible to elected legislatures — in practice, governors frequently used special powers ("Governor's Act" without ministerial advice).
• Congress won 7 out of 11 provinces in 1937 elections; formed governments — the first real exercise of responsible government in India.

4.3 Dyarchy at the Centre

• Introduced dyarchy at the central level (Federal level) — but this part never came into force.

4.4 Bicameral Legislature in Provinces

• Provided for bicameral legislature in 6 provinces (Bengal, Bombay, Madras, Bihar, Assam, UP); rest had unicameral.

4.5 Federal Court

• Established a Federal Court (1937) with original, appellate and advisory jurisdiction — precursor to the Supreme Court of India.

4.6 Other Features

• Abolished the Council of India (set up in 1858).
• Extended separate communal electorates — Depressed Classes (Scheduled Castes), women and labour also given separate representation.
• Reserve Bank of India — establishment provided for (set up 1935).
• Set up a Federal Public Service Commission, Provincial Public Service Commissions and Joint PSC.

5. Indian Independence Act, 1947

Passed by British Parliament on 18 July 1947; operative from 15 August 1947. Based on the Mountbatten Plan (3 June Plan).

• Ended British rule; created two independent dominions — India and Pakistan.
• Abolished the post of Viceroy; each dominion to have a Governor-General.
• Each dominion's legislature was given full legislative authority — could repeal any British act, including the Indian Independence Act itself.
• The Constituent Assemblies of both dominions were empowered to frame their respective constitutions.
• British Government ceased to be responsible for governance — transfer of power complete.
• Princely States given the option to join either dominion or remain independent.
• Until new constitutions came into force, each dominion to be governed by the GoI Act 1935 (with modifications).
• Abolished the appointment of Secretary of State for India — replaced by Secretary of State for Commonwealth Affairs.

6. Constituent Assembly — Background & Composition

6.1 Demand for a Constituent Assembly

• M.N. Roy (1934) — first to put forward the idea of a Constituent Assembly for India.
• INC officially demanded (1935) that the Constitution be framed by a Constituent Assembly elected on the basis of adult franchise.
• Jawaharlal Nehru (1938) — demanded a Constituent Assembly elected by adult franchise, free from foreign control.
• August Offer (1940) by Lord Linlithgow — first time the British conceded the idea of a Constituent Assembly (vaguely).
• Cripps Mission (1942) — proposed a Constitution-making body but tied to dominion status; rejected by INC.

6.2 Cabinet Mission Plan, 1946

The Cabinet Mission (May 1946) — Pethick-Lawrence, Stafford Cripps, A.V. Alexander — finalised the scheme for the Constituent Assembly:

• Total strength: 389 members (292 from British provinces + 4 from Chief Commissioner's Provinces + 93 from Princely States).
• Seats in each province distributed among 3 communities: General, Muslims, Sikhs — proportional to population.
• Provincial legislatures elected the members by single transferable vote (proportional representation).
• Princely States' representatives were nominated by rulers (not elected).

6.3 Composition After Partition

• After partition, representatives of Pakistan's areas left; CA's strength reduced to 299 members.
• Princely States gradually joined and nominated representatives.

6.4 Key Dates

7. Constituent Assembly — Working & Committees

7.1 Objectives Resolution

Moved by Jawaharlal Nehru on 13 December 1946 — declared India an independent sovereign democratic republic; guaranteed justice, liberty, equality and fraternity. It became the Preamble of the Constitution.

7.2 Major Committees

7.3 Drafting Committee — Key Facts

• 7 members: Dr B.R. Ambedkar (Chairman), N. Gopalaswamy Ayyangar, Alladi Krishnaswami Ayyar, Dr K.M. Munshi, Syed Mohammed Saadulla, B.L. Mitter (resigned — replaced by N. Madhava Rau), D.P. Khaitan (died — replaced by T.T. Krishnamachari).
• Prepared the Draft Constitution based on the reports of other committees and the provisions of the GoI Act 1935.
• First Draft: October 1947; Second Draft: February 1948 (printed and circulated).
• Third and final Draft presented on 4 November 1948 — Ambedkar's famous speech.
• Dr Ambedkar is called the "Father of the Indian Constitution."

7.4 Constitutional Advisors

• Sir B.N. Rau — Constitutional Advisor to the Constituent Assembly; prepared initial draft and memo on provisions. Visited USA, UK, Canada and Ireland to study their constitutions.
• S.N. Mukherjee — Chief Draftsman; translated the complex proposals of various committees into legal language.

7.5 Sources Consulted

8. Criticism of the Constituent Assembly

8.1 Was it Not a Representative Body?

• Not elected by adult suffrage — members elected by provincial legislative assemblies, themselves elected by only 28.5% of the population (limited franchise under 1935 Act).
• Winston Churchill called it "a Hindu body, dominated by Brahmins" — a deeply communal critique.
• Muslim League initially boycotted — CA thus not representative of all Indians initially.
• Granville Austin (author of "The Indian Constitution: Cornerstone of a Nation") defended: the CA represented the best political minds of the time and was as representative as possible given circumstances.

8.2 Congress-Dominated

• Congress won 208 out of 296 seats in provincial elections — so it dominated the CA.
• Critics: the CA was essentially a one-party show — Dr Ambedkar himself was not a Congress man but had to be accommodated given his stature.

8.3 Lawyer-Dominated / Elitist

• Dominated by lawyers and intellectuals — voice of ordinary Indians was limited.
• However, it included leaders from diverse backgrounds: women (Sarojini Naidu, Hansa Mehta, Vijayalakshmi Pandit, Rajkumari Amrit Kaur, Durgabai Deshmukh — 15 women total), tribals, SCs.

8.4 Time-Consuming?

• Took 2 years, 11 months and 18 days — critics said this was too long for a country facing massive challenges.
• Defenders: given the complexity (395 articles, 8 schedules originally), it was completed efficiently. Compare: US Constitution took 4 months but was much shorter.

9. Current Affairs Link

Constitution Day — 26 November

Samvidhan Divas declared a national day in 2015 (75th anniversary of Dr Ambedkar's birth). Parliament holds special sessions to celebrate. The SC also holds special sittings to discuss the Constitution.

Original vs Amended Constitution

The original Constitution (1949) had 395 Articles, 8 Schedules. Currently (after 106 amendments as of 2024) it has ~470 Articles, 12 Schedules (articles have been added; some deleted, e.g., Art. 31).

Constituent Assembly Debates — DigiLocker

The Government has made the 12 volumes of Constituent Assembly Debates freely accessible online — a key primary source for interpreting constitutional provisions. The SC uses these debates to determine the "intent" of constitutional framers.

10. Prelims PYQs

11. Mains PYQs

12. 15-Minute Revision Box