• 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.

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).

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.

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

• 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

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

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

Major Committees — Organizational

Major Committees — Principal

Major Committees — Sectoral

• 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.