Historical Underpinnings and Evolution of the Indian Constitution

Introduction

• India’s Constitution evolved through a series of British-enacted Acts and administrative reforms.
• Can be studied in two phases:
  1. Company Rule (1773–1858)
  2. Crown Rule (1858–1947)
• These laid the structural, legal, and institutional groundwork for the Indian Constitution.
  

Company Rule (1773–1858)

Regulating Act of 1773

• First Parliamentary intervention in East India Company affairs.
• Created post of Governor-General of Bengal (Warren Hastings).
• Centralized administration – Madras & Bombay subordinate to Bengal.
• Supreme Court established at Calcutta (1774).
• Prohibited Company officials from private trade and gift-taking.
  

Pitt’s India Act, 1784

• Distinguished political vs. commercial functions.
• Created Board of Control (political) and Court of Directors (commercial).
• Referred to Company territories as “British possessions in India.”
• Governor’s Councils for Madras and Bombay were established.
  

Charter Act of 1833

• Governor-General of India created (Lord William Bentinck).
• Centralized legislative powers.
• Ended East India Company’s commercial functions.
• First attempt to codify Indian laws through the Law Commission (1835).
  

Charter Act of 1853

• Legislative and executive functions separated for the first time.
• Open competition introduced for ICS recruitment.
• Representation introduced in the Legislative Council (6 new members nominated).
  

Crown Rule (1858–1947)

Government of India Act, 1858

• Company rule ended post-1857 revolt.
• Powers transferred to British Crown.
• Created Secretary of State for India and Indian Council (15 members).
• Governor-General became the Viceroy (first: Lord Canning).
  

Indian Councils Act, 1861

• Introduced Indian representation (3 Indians in Legislative Council).
• Restored legislative powers to Madras & Bombay (beginning of decentralization).
• Introduced portfolio system in executive.
  

Indian Councils Act, 1892

• Introduced indirect elections.
• Members could now discuss budgets and question the executive.
  

Indian Councils Act, 1909 (Morley-Minto Reforms)

• Introduced direct elections for the first time.
• Expanded Legislative Councils (Central Council now had 60 members).
• Introduced separate electorates for Muslims.
• First Indian in Executive Council: Satyendra Prasad Sinha (Law Member).
  

Government of India Act, 1919 (Montagu-Chelmsford Reforms)

• Introduced Diarchy in Provinces:
  • Reserved subjects: handled by Executive Councillors (e.g. police, finance)
  • Transferred subjects: handled by Ministers (e.g. education, health)
• Introduced bicameralism at the centre (Council of State and Legislative Assembly).
• First time Public Service Commission was created.
• Franchise expanded (10% adult population).
  

Government of India Act, 1935

• Most comprehensive Act, formed basis of India’s Constitution.
• Proposed All-India Federation (never materialized).
• Introduced Federal, Provincial & Concurrent Lists.
• Abolished diarchy at provinces; introduced it at the Centre.
• Provinces made autonomous.
• Federal Court, RBI, and Provincial PSCs established.
• Separation of Burma and Aden from India.
  

Indian Independence Act, 1947

• Declared India as an independent and sovereign nation.
• Abolished the Viceroy’s executive powers, made him a constitutional head.
• Power transferred to Indian Constituent Assembly.
  

Significance for Constitution-Making

• Many administrative and institutional frameworks from these Acts were adopted or modified in the Indian Constitution:
  • Federalism (GOI Act 1935)
  • Bicameralism (GOI Act 1919 & 1935)
  • Public Service Commissions
  • Separation of Powers
  • Governor-General → President, Viceroy → Nominal Head
    

Constituent Assembly and the Making of the Indian Constitution

Introduction

• The Constituent Assembly of India (1946–1950) was responsible for framing the world’s lengthiest written Constitution, reflecting India’s social, cultural, and political diversity.
• It laid the foundation of a sovereign, democratic republic, embodying justice, liberty, equality, and fraternity.
• Formed under the Cabinet Mission Plan (1946), it functioned initially as a Constitution-making body and later as the provisional Parliament till 1952.
  

Historical Evolution

Year	Key Event
1934	M.N. Roy first proposed the idea of a Constituent Assembly.
1935	Indian National Congress (INC) formally demanded a Constituent Assembly.
1938	J.L. Nehru called for a Constituent Assembly elected via adult franchise.
1940	British accepted the idea in principle through the August Offer.
1942	Cripps Mission failed to satisfy demands of Indian leaders.
1946	Cabinet Mission Plan laid down the framework for the Assembly.

Composition of the Constituent Assembly

• Total strength: 389 members
  • 296 from British India
  • 93 from Princely States
• Post-Partition reduction:
  • British India: from 296 → 229
  • Princely States: from 93 → 70

Method of Selection:

• Indirect elections via Provincial Legislative Assemblies using Proportional Representation (PR) with Single Transferable Vote (STV).
• Princely State members were nominated.
  

Key Personalities

Position	Name
President	Dr. Rajendra Prasad
Vice Presidents	Harendra Coomar Mookerjee, V.T. Krishnamachari
Legal Advisor	B.N. Rau
Drafting Committee Chair	Dr. B.R. Ambedkar

Objective Resolution (13 December 1946)

Introduced by Jawaharlal Nehru, it laid the philosophical foundation of the Constitution:

• India as Sovereign Democratic Republic
• Guarantees of justice, liberty, equality, fraternity
• Federal structure with division of powers
• Protection for minorities and backward classes

Adopted unanimously on 22 January 1947

Major Committees

Organizational Committees

Committee	Chairperson
Rules of Procedure	Dr. Rajendra Prasad
Steering Committee	Dr. Rajendra Prasad
Order of Business	K.M. Munshi
States Committee	J.L. Nehru
Flag Committee	Dr. Rajendra Prasad

 Principal Committees

Committee	Chairperson
Drafting Committee	Dr. B.R. Ambedkar
Union Powers	J.L. Nehru
Provincial Constitution	Sardar Patel
Fundamental Rights & Minorities	Sardar Patel

Sectoral Committees

Committee	Chairperson
Citizenship	S. Varadachariar
Chief Commissioners’ Provinces	N. Gopalaswami Ayyangar
Financial Provisions	N.R. Sarkar

Key Events & Timeline

Date	Event
9 Dec 1946	First session of the Assembly
11 Dec 1946	Dr. Rajendra Prasad elected President
13 Dec 1946	Nehru presented Objective Resolution
July 1947	Assembly got full sovereignty via Indian Independence Act, 1947
22 July 1947	Adopted National Flag
Feb 1948	Draft Constitution prepared by with 315 Articles & 8 Schedules
4 Nov 1948 – 26 Nov 1949	1st to 3rd readings of Constitution
26 Nov 1949	Constitution adopted
24 Jan 1950	Rajendra Prasad elected President, National Anthem adopted
26 Jan 1950	Constitution came into force → Republic Day

Special Features

• Some Articles (e.g., citizenship, elections, transitional provisions) came into force on 26 Nov 1949.
• Entire Constitution enforced on 26 Jan 1950, aligning with the 1930 Purna Swaraj declaration.
  

Criticisms of Constituent Assembly

Criticism	Explanation
Not Representative	Members indirectly elected; no universal adult suffrage.
Not Sovereign	Created by British Cabinet Mission Plan.
Congress Dominated	As per Granville Austin: “Congress was the Assembly.”
Hindu-dominated	Criticized by Winston Churchill.
Lawyer-Politician Dominance	Few from peasantry or working classes.
Time-Consuming	Took 2 years, 11 months, 17 days vs. USA’s 4 months.