Evolution of our Constitution :
A constitution is
a fundamental law of a country on which government of that country is
based.
Our Constitution:
Our
constitution was adopted by the Constitution Assembly on 27 November 1949 and
fully adopted or came into full operation from 26 January 1950. When
constitution was adopted, at that time it had 22 part, 395 articles and 8
schedules. Our constitution is amendable and it is amended from time to time.
Constitution of
India is the world’s largest written Constitution. Various acts
by the British administration started its evolution, these acts and regulations
are following :
Before 1857;
1 . Regulating
Act of 1773:
Head of this committee was
British Prime MImister Lord Noth. In the report of this act; Governance
of East India Company was to be put under British Parliament. The Governor of
Bengal was now Nominated as Governor General of Calcutta, Bombay and Madras and
Warren Hasting was the first such Governor General. A supreme
court was established in Calcutta.
2. Pitts India Act:
This act provided the provisions for the
improvement in Regulating Act of 1773. Now provinces had to follow the
instructions of the Central Government. Trade and Commerce related issues were
also under the control of court of direction of the company.
3. Charter
Act of 1793:
Provisions
of the previous acts were consolidated in this Act. In this court there was
provisions related to the salaries of the members of the Board of Controllers
from the Indian revenue.
4. Charter
Act of 1813:
In this Act the powers of
councils of Madras, Calcutta and Bombay were enlarged. Trade monopoly of East
India Company came to an end. And Christian Missionaries were allowed to
spread the religion in the whole country.
5. Charter
Act of 1883:
Powers
of Governor General were increased and for the first time the
Governor-General’s Government was known as the ‘Government of India’ because
all the political powers of India were subjected to the Governor-General’s government.
6. Charter
Act of 1853:
This
Act was a report from then time Governor ‘General Lord Dalhousie’. In
this act a separate Governor for Bengal was to be appointed. And recruitment of
the employees in the company was to be done through competitive exams.
After 1857:
1. Government of India Act, 1858:
This was the first model of
government of India after the revolt of 1857. It provided the British control
over all over India without any popular participation in the administration.
Now the country was divided into provinces which were to be headed by Governor
or Lieutenant. Appointed Secretary of state who was ultimately responsible to
the British Parliament.
2. Indian
Council Act, 1861 :
This act was important in the constitutional history of India. By this
act Coucil of India was formed, this council was a group of 15 members who
assist the Secretary of State. It decentralized the legislative powers of the
Governor General’s Council an vested them in the Governments of Bombay and
Madras.
3. Indian
Council Act, 1892 : by this act the non-official members of
the Indian Legislative Council were to be nominated by the Bengal Chamber of
Commerce and the Provincial Legislative Councils while the non-official members
of the Provincial Councils were to be nominated by certain local bodies such as
universities, districts boards, municipalities etc.
4. Morley-Minto
reforms and the Indian Council Act, 1909 : Number
of maximum members in the Indian Legislative Council was increased from 16 to
60. This act or this reform was by then time Secretary of States for India ‘Lord
Morley’ and the Viceroy ‘Lord Minto’. For the first time a separate
representation for the Muslim community was formed which sowed the seeds of
separatism.
5. Government
of India Act, 1919 and Montague-Chelmsford Report. :
Ø This
act was proposed by then time Secretary of State for India Mr. Montague and the
Governor General Lord Chelmsford.
Ø By this act the Administration was divided into
two categories Central and Provincial. Central were inder the
direct control of the central Government.
Ø And Provncial were those which were divided
into two sub categories ; ‘Transferred and ‘Reserved’.
Ø The Transferred subjects wese to be
administrated by the Governor with ministers in which the proportion of elected
members was increased to 70%.
Ø The Reserved
subjects were to be administrated by the Governor with no responsibility to
the Legislature.
Ø The provincial budget was separate from the
central budget. SO now Indian legislature was bi-cameral
for the first time consisting two houses – One is the Upper House (
Council of States ) which composed of 60 members whom 34 were elected. And
other The Lower House or Legislative Assembly , composed of 144 members
out of which 104 were elected.
Simon commission :
Ø
This commission was headed by Sir John Simon.
He was appointed in 1927 to inquire into the working of the Act of 1919, placed
its report in 1930.
The Government of
India Act, 1935 :
Ø
It was optional for the Indian States to join
the federation and since they never joined, tge Federation never came into
being.
Ø
In this Act of 1935 it was prescribed a
federation of tking the Provinces and the States as units.
Ø
This act divided the legislative powers
between the Centre and Provinces.
Ø
The centeral legislation was remained
bi-cameral means it had two houses, federal assembly and council of states.
Ø
Dominion Status which was promised by the
Simon omission in 1929, was not conferred by the Government of India Act 1935.
Cripps Mission :
In 1942 Sir Stafford Cripps
a member of cabinet came with a draft on the proposals of british government.
Acc. To the proposals:
Ø The constitution should given India Dominion
Status.
Ø If a
province is not accepting the Constitution would be free to retain its
constitutional position.
Ø The
constitution of India was to be framed by an elected Constitution Assembly
by the Indian people.
Cabinet Mission Plan :
Ø Lord
Attlee sent a cabinet mission to India and this mission was consisting three members
Lord Pethick Lawrence, Sit Stafford Cripps and Mr. A.V. Alexander.
Ø According
to this mission There was to be a union of India, including both British India
and the States, and having jurisdiction over Defence, Foreign affairs and
Communications.
Ø The
provinces could form groups with executives and legislatures.
The Mountbatten Plan
:
Ø
This plan was for transfer of power from the
British to Indians and partition of the country.
Ø
For this a statement was given by the British
Government on 3rd June 1947.
The Indian Independence Act, 1947 of the British
Parliament :
Ø
It amended the Government of India act 1935
and adaption of partition of India and Pakistan.
Ø
The Governor General and all the Governors
lost their powers.
Ø
The office of Secretary of State for India
was also abolished so now there was no any Secretary of State and Any Governor
General or governor.
Making of Constituion :
Ø
Members of constitution assembly were elected
by the provincial legislative assemblies.
Ø
Each seat was with a proportion of one to
a million.
Ø
The total number of members of the Assembly
was 385, and out of 385 93 were representatives from the Indian States and 292
were from Provinces.
Ø
First meeting of constitution assembly was
held on 2nd December 1946 and reassembled on 14th August
1947, as the sovereign Constitution Assembly for the dominion of India.
Ø
The constitution of India took two years,
eleven months and eighteen days for the assembly to finalise and complete the
constitution.
Now we come to the Different Sources of the
Indian Constitution :
The skeleton of
our constitution was the Government of India Act 1935. This act
formed the blueprint of the constitution like Federal system, emergency powers,
office of Governor etc.
Ø
From Constitution of Britain : From the constitution of
Britain things like Single citizenship, Bi-cameral parliament, law making
procedure, office of CAG were taken.
Ø
From the constitution of USA : Independence
of judiacial review, provisions of removal of Supreme court and high court
judges, preamble and fuctions of president and vice president.
Ø
From the Constitution of Canada ; Supreme
court’s advisory jurisdiction, Federation with strong centre.
Ø
From the Constitution of Ireland : Directive
Principles of state policy, method of presidential elections and the nomination
of members of Rajya Sabha by the President.
Ø
From Weimar Constitution of Germany : Provisions
of suspension of fundamental rights during emergency.
Ø
From the Constitution of South Africa : Election of member of Rajya Sabha on the basis
of proportional representation and Amendment with 2/3rd majority in
Parliament.
Ø
From the Constitution of France : Principles
of Liberty, Republication system, Equality a Faternity.
Ø
Form the Constitution of USSR : Fundamental Duties, Ideals of justice in
Preamble.
Now in our next post we will post about
Important Articles and Amendments of “The Constituion of India”.
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