HISTORICAL BACKGROUND & MAKING OF CONSTITUTION

1. Company Rule (1773 – 1858)


  • Regulating Act of 1773:
    • Ended Clive's dual system of Bengal; 1st step to regulate East India Company's administration.
    • Designated Governor of Bengal as Governor-General of Bengal (Warren Hastings was the first).
    • Established Supreme Court of Judicature at Fort William, Calcutta (1774).
    • Prohibited Company servants from engaging in private trade.
  • Pitt's India Act of 1784:
    • Dual Control: Separated commercial functions (Court of Directors) and political functions (Board of Control).
    • Company's territories first called "British possessions in India".
  • Charter Act of 1793:
    • Renewed commercial privileges for 20 years. Board of Control paid out of Indian revenues (continued till 1919 Act). Separated revenue and judicial functions.
  • Charter Act of 1813:
    • Explicitly defined Crown's sovereignty over British territories in India.
    • Ended Company's trade monopoly except for tea and trade with China.
    • Allowed Christian missionaries; allocated ₹1 lakh annually for education.
  • Charter Act of 1833:
    • Complete centralisation: Governor-General of Bengal became Governor-General of India (Lord William Bentinck was the first).
    • Ended Company's trade monopoly completely; EIC became a purely administrative body.
    • First step towards codification of laws with a Law Commission under Lord Macaulay. Prohibited slavery in British India.
    Stated no Indian citizen was to be denied employment under the Company on the basis of religion, colour, birth, or descent.
  • Charter Act of 1853:
    • Separated executive and legislative functions of the Governor-General's Council.
    • Introduced open competitive exams for civil services recruitment (Macaulay Committee on ICS appointed in 1854).
    • Introduced local representation in the Indian Central Legislative Council.



2. Crown Rule (1858 – 1947)


  • Government of India Act 1858 (Act for Better Government of India):
    • Abolished EIC; transferred power directly to the British Crown.
    • Changed Governor-General designation to Viceroy of India (Lord Canning was the first).
    • Created new office of Secretary of State for India, assisted by a 15-member Council of India.
  • Indian Councils Act of 1861:
    • Introduced representative institutions (Viceroy nominated non-official Indians: Raja of Benares, Maharaja of Patiala, Sir Dinkar Rao).
    • Portfolio System legalized (introduced by Lord Canning in 1859).
    • Empowered Viceroy to issue ordinances (6 months validity). Restored legislative powers to Bombay & Madras.
  • Indian Councils Act of 1892:
    • Increased non-official members; introduced indirect elections for non-official members of legislative councils; gave power to discuss the budget and address questions.
  • Indian Councils Act of 1909 (Morley-Minto Reforms):
    • Introduced communal electorate for Muslims (Lord Minto known as "Father of Communal Electorate").
    • First Indian in Viceroy's Executive Council: Satyendra Prasad Sinha (Law Member).
  • Government of India Act 1919 (Montagu-Chelmsford Reforms):
    • Introduced Dyarchy in Provinces (Transferred Subjects vs. Reserved Subjects).
    • Introduced Bicameralism & Direct Elections at the Centre. Separated provincial and central budget for the first time.
    • Central Public Service Commission set up in 1926 (Lee Commission 1924).
    • Extended communal electorates to Sikhs, Indian Christians, Anglo-Indians, and Europeans.
    • Limited franchise (14%) based on property, education, and taxation. Granted voting rights to women.
    • Appointed a High Commissioner for India in London to look after Indian trade.
  • Government of India Act 1935:
    • Provided for an All-India Federation (never materialized).
    • Divided powers into 3 Lists: Federal List (59 items), Provincial List (54 items), Concurrent List (36 items).
    • Abolished Dyarchy in Provinces & introduced Provincial Autonomy; introduced Dyarchy at Centre.
    • Established Federal Court (1937) and Reserve Bank of India (RBI) (recommended by Hilton Young Commission / Royal Commission on Indian Currency and Finance 1926).
    • Expanded separate electorates to more communities (SC, labour, women). Separated Burma from British India.
  • Indian Independence Act 1947:
    • Ended British rule; created two independent dominions: India and Pakistan.
    • Lord Mountbatten became the 1st Governor-General of independent India; C. Rajagopalachari became the 1st Indian Governor-General.



3. Making of the Constitution (1946 – 1950)



4. Committees, Drafting Committee & Debates

Major Committees of the Constituent Assembly:

  • Jawaharlal Nehru: Union Power Committee, Union Constitution Committee, States Committee
  • Sardar Vallabhbhai Patel: Provincial Constitution Committee, Advisory Committee on Fundamental Rights, Minorities and Tribal Areas
  • Dr. Rajendra Prasad: Rules of Procedure Committee, Steering Committee, Finance and Staff Committee
  • K.M. Munshi: Order of Business Committee
  • J.B. Kripalani: Fundamental Rights Sub-Committee
  • H.C. Mukherjee: Minorities Sub-Committee

7 Members of the Drafting Committee (Constituted Aug 29, 1947):

  1. 1. Dr. B.R. Ambedkar (Chairman) — Father of the Indian Constitution
  2. 2. N. Gopalaswamy Ayyangar
  3. 3. Alladi Krishnaswamy Ayyar
  4. 4. Dr. K.M. Munshi (Only Congress member originally)
  5. 5. Syed Mohammad Saadullah
  6. 6. N. Madhava Rau (replaced B.L. Mitter due to ill health)
  7. 7. T.T. Krishnamachari (replaced D.P. Khaitan who died in 1948)
Ideological Debate Key Proponents Key Opponents
Centralism vs Federalism B.R. Ambedkar, Jawaharlal Nehru K. Santhanam, K.M. Munshi (Federalism)
Parliamentary vs Presidential B.R. Ambedkar, Nehru, B.N. Rau H.V. Kamath, K.T. Shah
Fundamental Rights vs DPSP Sardar Patel, K.M. Munshi (FR) B.N. Rau, Alladi Krishnaswamy Iyer (DPSP)
Uniform Civil Code (UCC) B.R. Ambedkar (Favored UCC) Naziruddin Ahmad, Mahboob Ali Baig

5. Borrowed Features of the Constitution

Source Country Borrowed Feature(s)
GOI Act 1935 (Structural Part) Federal scheme, Office of governor, Judiciary, Public Service Commissions, Emergency provisions.
United Kingdom (Political Part) Parliamentary system, Rule of Law, Legislative procedure, Single citizenship, Cabinet system, Prerogative writs, Bicameralism, Nominal role of President.
United States (Philosophical Part) Fundamental Rights, Independence of judiciary, Judicial review, Impeachment of the President, Removal of SC/HC judges, Office of Vice-President.
Ireland Directive Principles of State Policy (DPSP), Election of President, Nomination of Rajya Sabha members.
Canada Federation with a strong centre, Residuary powers with the centre, Appointment of State Governors by Centre, Advisory jurisdiction of Supreme Court.
Australia Concurrent List, Freedom of trade & commerce, Joint sitting of the two Houses of Parliament.
USSR (Russia) Fundamental Duties, Ideal of justice (social, economic, political) in Preamble, Five-Year Plans.
France Republic, Ideals of Liberty, Equality, and Fraternity in Preamble.
Germany (Weimar) & South Africa Germany: Suspension of Fundamental Rights during Emergency.
South Africa: Procedure for constitutional amendment, Election of Rajya Sabha members.

6. Schedules of the Indian Constitution (1 to 12)

Originally the Constitution had 8 Schedules. 4 more were added by constitutional amendments, bringing the total to 12 Schedules:

Schedule Subject Matter & Key Provisions
1st Schedule Names of States and Union Territories with their territorial extent.
2nd Schedule Emoluments, allowances, and privileges of President, Governors, Speaker/Deputy Speaker (LS & SLA), Chairman/Deputy Chairman (RS & SLC), SC/HC Judges, and CAG.
3rd Schedule Forms of Oaths or Affirmations for Union Ministers, MPs, Candidates, SC Judges, CAG, State Ministers, MLAs, HC Judges. (Note: Oath of President is under Art 60, VP under Art 69, Governor under Art 159 — NOT in 3rd Schedule).
4th Schedule Allocation of seats in the Rajya Sabha to States and Union Territories.
5th Schedule Provisions for administration and control of Scheduled Areas and Scheduled Tribes (10 States).
6th Schedule Administration of Tribal Areas in 4 States: Assam, Meghalaya, Tripura, Mizoram (AMTM).
7th Schedule Division of powers between Union and States: Union List (98 items), State List (59 items), Concurrent List (52 items).
8th Schedule 22 officially recognized languages (Originally 14; 21st CAA added Sindhi; 71st CAA added Konkani, Manipuri, Nepali; 92nd CAA added Bodo, Dogri, Maithili, Santhali).
9th Schedule Added by 1st CAA 1951 to protect land reforms and abolition of Zamindari laws from judicial scrutiny (subject to Basic Structure review post-1973 per I.R. Coelho case).
10th Schedule Added by 52nd CAA 1985. Provisions on disqualification on grounds of defection (Anti-Defection Law).
11th Schedule Added by 73rd CAA 1992. Specifies 29 Functional Items for Panchayati Raj Institutions (Article 243G).
12th Schedule Added by 74th CAA 1992. Specifies 18 Functional Items for Urban Local Bodies / Municipalities (Article 243W).

⏳ Timeline of Constitutional Evolution (1773 – 1950)

1773
Regulating Act

Gov Gen of Bengal & SC at Calcutta

1784
Pitt's India Act

Dual Control & Board of Control

1833
Charter Act

Gov Gen of India & Law Comm

1858
GoI Act (Crown)

Viceroy Canning & Sec of State

1919
GoI Act (Dyarchy)

Provincial Dyarchy & Bicameralism

1935
GoI Act (Autonomy)

Provincial Autonomy & Federal Court

1946
Cabinet Mission

Constituent Assembly Formed

1950
Constitution Enacted

Enforced on Jan 26, 1950


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