Chapter 1: Historical Background
Introduction
The story of Indian political development is closely tied to the arrival of Europeans and especially the British East India Company. Over time, the British government imposed many laws and regulations which later influenced the making of India’s Constitution.
The modern Indian state did not arise suddenly in 1947 — it developed step-by-step through different Acts passed by the British Parliament between 1773 and 1947.
Understanding this evolution helps us know how India’s political and administrative system was built.
Important Phases of British Rule
| Phase | Time Period | Key Changes |
|---|---|---|
| Company Rule | 1600–1858 | East India Company ruled; after 1765, gained Diwani rights (tax collection) |
| Crown Rule | 1858–1947 | After 1857 Revolt, Queen took direct control; India governed by British Crown |
Key Acts Passed by British Parliament
1. Regulating Act of 1773
- First step to regulate East India Company.
- Governor of Bengal → Governor-General of Bengal (Warren Hastings).
- Supreme Court established at Calcutta (1774).
- Company’s political activities brought under British Parliament control.
2. Pitt’s India Act of 1784
- Introduced “Dual Government” in London:
- Board of Control → Political affairs.
- Court of Directors → Commercial activities.
- Company became only a subordinate authority under British Government.
3. Charter Acts (1793, 1813, 1833, 1853)
- Series of laws that slowly reduced Company’s monopoly:
- 1813 Act: Ended monopoly except tea and trade with China.
- 1833 Act: Governor-General of Bengal → Governor-General of India (Lord William Bentinck).
- 1853 Act: First time a separate legislative council was created for law-making.
4. Government of India Act 1858
- After 1857 Revolt (called First War of Independence), Company abolished.
- British Crown took direct control.
- Secretary of State for India created (powerful minister in Britain).
- Governor-General became Viceroy of India (representative of British Monarch).
Very Important:
This Act started direct rule by Queen Victoria → India was called “the brightest jewel in the crown.”
5. Indian Councils Act 1861
- Introduced Indians into law-making process for the first time.
- Legislative councils were expanded but limited participation to wealthy, loyal Indians.
- Important for starting representative institutions (even if limited).
6. Indian Councils Act 1892
- Increased the number of Indians in legislative councils.
- Introduced Indirect Elections (members were nominated, not elected directly).
7. Indian Councils Act 1909 (Morley-Minto Reforms)
- Introduced the concept of Separate Electorates for Muslims.
- Indians allowed to discuss Budget for the first time.
- First time Indians appointed to important positions (e.g., Satyendra Prasad Sinha became member of Viceroy’s Executive Council).
Problem:
Legalized communalism in politics (basis of religious identity) — a major future problem.
8. Government of India Act 1919 (Montague-Chelmsford Reforms)
- Introduced Dyarchy in Provinces:
- Divided subjects into:
- Transferred Subjects (education, health — handled by Indian ministers).
- Reserved Subjects (police, revenue — handled by British officials).
- Divided subjects into:
- First time Direct Elections introduced for Legislative Councils.
- Set up Bicameral Legislature at the Centre (Central Legislative Assembly + Council of States).
9. Government of India Act 1935
- Longest Act passed by British Parliament (321 sections, 10 schedules).
- Proposed All India Federation (never materialized).
- Introduced Provincial Autonomy — states got more powers.
- Introduced Federal Court (first step towards independent judiciary).
- Extended Franchise (more Indians got right to vote).
Important:
It became the basic blueprint for India’s Constitution later.
10. Indian Independence Act 1947
- Passed by British Parliament to transfer power.
- Declared India and Pakistan as two independent dominions.
- Abolished the British rule in India.
- Constituent Assembly became the sovereign body to frame the Constitution of India.
Timeline Summary
| Year | Event |
|---|---|
| 1773 | Regulating Act |
| 1784 | Pitt’s India Act |
| 1813 | Charter Act |
| 1858 | Government of India Act — Crown Rule |
| 1909 | Morley-Minto Reforms — Separate Electorates |
| 1919 | Montague-Chelmsford Reforms — Dyarchy |
| 1935 | Government of India Act — Provincial Autonomy |
| 1947 | Indian Independence Act |
Conclusion:
The evolution from Company Rule to Crown Rule laid the foundation for:
- Modern centralized administration,
- Civil services (ICS),
- Judiciary structure,
- Concept of representative institutions (though limited initially).
Thus, understanding these historical developments is crucial for appreciating why India’s Constitution looks the way it does today.
Chapter 2: Making of the Constitution
Introduction
India’s Constitution is not a gift given by the British — it is the result of hard struggles by Indian leaders.
The Constituent Assembly of India, representing the people of India, framed it after long discussions, debates, and vision for a new free India.
The making of the Indian Constitution is a landmark in world history, as it represents the largest written Constitution created through democratic discussions.
Historical Background Leading to the Constituent Assembly
| Year | Development |
|---|---|
| 1934 | M.N. Roy (Communist leader) first proposed idea of a Constituent Assembly. |
| 1935 | Indian National Congress demanded Constituent Assembly officially. |
| 1940 | August Offer — British accepted idea of Indians framing their own Constitution. |
| 1942 | Cripps Mission proposed Constituent Assembly (failed). |
| 1946 | Cabinet Mission Plan set up guidelines to form the Constituent Assembly. |
Thus, the idea of a Constituent Assembly matured slowly from 1934 to 1946.
Formation of the Constituent Assembly
- Constituent Assembly was formed in November 1946.
- It had 389 members originally (before partition), later 299 members after Pakistan separated.
- Members were not directly elected by the people.
- They were elected by the provincial legislatures, based on proportional representation.
Important Groups Represented:
- Indian National Congress
- Muslim League (boycotted later)
- Minorities (Sikhs, Christians, Anglo-Indians)
- Princely States (some joined later)
Working of the Constituent Assembly
- First Meeting: 9 December 1946.
- Temporary President: Dr. Sachchidananda Sinha (oldest member).
- Permanent President (elected): Dr. Rajendra Prasad.
- Vice-President: H.C. Mukherjee.
- Constitution Advisor: Sir B.N. Rau.
- Muslim League boycotted after partition was announced.
Functions of the Constituent Assembly
The Assembly did two major tasks:
- Framed the Constitution of India.
- Acted as the first Parliament (between 1947 and 1950).
Objective Resolution
- Introduced by Jawaharlal Nehru on 13 December 1946.
- It laid down the philosophy and values which guided Constitution-making.
Key Features of Objective Resolution:
- India to be an independent, sovereign republic.
- Guarantee of justice, liberty, equality to all citizens.
- Safeguard minorities, backward and tribal people.
- Maintain world peace and cooperation.
Later, the Preamble of the Constitution was based on this Objective Resolution.
Committees of the Constituent Assembly
To handle work efficiently, many committees were created:
| Committee Type | Examples |
|---|---|
| Major Committees | Union Powers Committee (Nehru), Union Constitution Committee (Nehru), Provincial Constitution Committee (Patel) |
| Minor Committees | Drafting Committee (Ambedkar), Advisory Committee on Fundamental Rights (Patel) |
Drafting Committee
- Most important committee.
- Set up on 29 August 1947.
- Chairman: Dr. B.R. Ambedkar.
- Members: Alladi Krishnaswami Ayyar, K.M. Munshi, Mohammad Saadullah, N. Madhava Rau, T.T. Krishnamachari, and others.
Task:
Prepare the draft Constitution based on reports submitted by other committees.
Why Ambedkar is called ‘Father of Indian Constitution’:
- Because he led the team which finalized the structure, rights, governance systems of independent India.
Timeline of Constitution-Making
| Event | Date |
|---|---|
| First Meeting | 9 December 1946 |
| Objective Resolution introduced | 13 December 1946 |
| India became Independent | 15 August 1947 |
| Draft Constitution submitted | 26 November 1949 |
| Constitution came into force | 26 January 1950 |
Features of Constitution-Making Process
- Democratic Process: Every clause debated thoroughly.
- Consultative: Views of provinces, minorities, various communities taken.
- Open Discussions: Assembly functioned like a mini-parliament.
- Time Taken:
- 2 years, 11 months, 18 days.
- Total 11 sessions held.
- Total Expenditure: About ₹6.4 crore (at that time).
Criticism of the Constituent Assembly
Some criticisms made (but they are weak):
- Not directly elected by universal adult suffrage.
- Dominated by Congress Party.
- Representation of some sections (like women, Scheduled Tribes) was low.
However, the Assembly had great legitimacy because:
- Represented wide sections of society.
- Included brilliant legal minds, nationalists, social reformers.
Conclusion
The Constituent Assembly was a magnificent body which crafted the world’s lengthiest, most inclusive Constitution.
It ensured that India would be a democratic republic, with guaranteed rights, social justice, and independent institutions.
The spirit of the Assembly is captured in the phrase:
“We, the People of India…”
Extra Important Facts (PSC Boosters):
- Jawaharlal Nehru called Constitution-Making “the biggest venture in the history of free nations.”
- B.N. Rau prepared the initial draft framework.
- H.V. Kamath — a major contributor on Preamble discussions.
- Krishna Iyer later called the Constituent Assembly “the soul of Indian democracy.”