The Constitution of India was not created in isolation. It developed through a long series of laws, administrative reforms, nationalist demands, and constitutional negotiations during British rule. These developments gradually introduced central administration, legislative institutions, representation, provincial autonomy, and finally the idea of a sovereign Constituent Assembly.
At a Glance #
| Phase | Period | Main Development |
|---|---|---|
| Company Rule | 1773-1858 | Parliamentary control over the East India Company and growing centralization |
| Crown Rule | 1858-1947 | Direct British rule, limited representation, and gradual provincial autonomy |
| Constitution-making | 1946-1950 | Constituent Assembly drafted, adopted, and brought the Constitution into force |
Constitutional Development under Company Rule #
Regulating Act, 1773 #
The Regulating Act was the first major attempt by the British Parliament to control and regulate the affairs of the East India Company in India.
- The Governor of Bengal became the Governor-General of Bengal.
- Warren Hastings became the first Governor-General of Bengal.
- An Executive Council of four members was created to assist the Governor-General.
- The Governors of Bombay and Madras were made subordinate to the Governor-General of Bengal in certain matters.
- A Supreme Court was established at Calcutta in 1774.
- Company servants were prohibited from engaging in private trade and accepting gifts or bribes.
Significance: It marked the beginning of parliamentary control over the Company’s administration and the first step towards centralized government in India.
Amending Act, 1781 #
Also known as the Act of Settlement, it was passed to correct defects in the Regulating Act.
- It restricted the jurisdiction of the Supreme Court at Calcutta.
- Revenue matters and official actions of the Governor-General and Council were excluded from the Court’s jurisdiction.
- Hindu and Muslim personal laws were to be applied in relevant cases.
Pitt’s India Act, 1784 #
- It distinguished between the Company’s commercial functions and political functions.
- A Board of Control was created to supervise civil, military, and revenue affairs.
- The Court of Directors continued to manage commercial affairs.
- The Company’s territories were called the British possessions in India for the first time.
Significance: It established a system of double government by the Company and the British Crown.
Charter Act, 1793 #
- The Company’s trade monopoly was extended for another 20 years.
- The Governor-General’s control over the Presidencies of Bombay and Madras was strengthened.
- Members of the Board of Control and their staff were paid from Indian revenues.
Charter Act, 1813 #
- The Company’s trade monopoly ended, except for trade in tea and trade with China.
- Christian missionaries were permitted to work in India.
- The British Crown’s sovereignty over Company territories was asserted.
- An annual sum of one lakh rupees was provided for the promotion of education.
Charter Act, 1833 #
- The Governor-General of Bengal became the Governor-General of India.
- Lord William Bentinck became the first Governor-General of India.
- Legislative powers were centralized in the Governor-General-in-Council.
- The East India Company ceased to be a commercial body and became a purely administrative body.
- The Act attempted to introduce open competition for civil services, though the provision was not effectively implemented.
- A Law Commission was provided for; the first was headed by Thomas Babington Macaulay.
Significance: It was the final step towards administrative centralization under Company rule.
Charter Act, 1853 #
- The legislative and executive functions of the Governor-General’s Council were separated.
- Six additional members were added for legislative work.
- Open competition for recruitment to the civil services was introduced in principle.
- Local representation was introduced into the Indian Legislative Council.
- The Company’s rule was extended without fixing a specific period.
Significance: It created the first separate legislative machinery at the central level and was the last Charter Act.
Constitutional Development under Crown Rule #
Government of India Act, 1858 #
Following the Revolt of 1857, the Act ended Company rule and transferred the administration of India directly to the British Crown.
- The office of the Governor-General of India continued, and the officeholder also became known as the Viceroy.
- Lord Canning was the first Viceroy of India.
- The Board of Control and Court of Directors were abolished.
- A Secretary of State for India, assisted by a 15-member Council of India, was created.
- The system of double government ended.
Significance: It began direct Crown rule in India.
Indian Councils Act, 1861 #
- Indians were associated with law-making through nomination to legislative councils.
- The legislative powers of Bombay and Madras were restored, beginning legislative decentralization.
- The Viceroy could issue ordinances during an emergency.
- The portfolio system received statutory recognition.
- Legislative councils were established for Bengal, the North-Western Provinces, and Punjab.
Indian Councils Act, 1892 #
- The number of additional members in central and provincial legislative councils was increased.
- Members could discuss the budget and ask questions, subject to restrictions.
- An indirect and limited system of election was introduced, although the Act used the term nomination rather than election.
Indian Councils Act, 1909 #
This Act is also known as the Morley-Minto Reforms.
- The size of central and provincial legislative councils was increased.
- The system of separate electorates for Muslims was introduced.
- Indians were permitted to join the executive councils of the Viceroy and Governors.
- Satyendra Prasad Sinha became the first Indian member of the Viceroy’s Executive Council.
- The official majority was retained in the Central Legislative Council, while provincial councils had non-official majorities.
Significance: Separate electorates institutionalized communal representation.
Government of India Act, 1919 #
This Act implemented the Montagu-Chelmsford Reforms.
- Dyarchy was introduced in the provinces.
- Provincial subjects were divided into reserved and transferred subjects.
- Bicameralism and direct elections were introduced at the central level.
- The central and provincial legislative subjects were separated.
- Separate electorates were extended to Sikhs, Indian Christians, Anglo-Indians, and Europeans.
- A Public Service Commission was provided for.
- The Act provided for a statutory commission to review its working after ten years, leading to the appointment of the Simon Commission in 1927.
Government of India Act, 1935 #
The Government of India Act, 1935 was the most extensive constitutional law enacted by the British Parliament for India.
- It proposed an All-India Federation of provinces and princely states, but the federation never came into operation.
- It abolished provincial dyarchy and introduced provincial autonomy.
- It provided for dyarchy at the Centre, but this provision was never implemented.
- Legislative powers were divided into Federal, Provincial, and Concurrent Lists.
- Bicameral legislatures were provided in six provinces.
- Separate electorates and communal representation were extended.
- A Federal Court was established in 1937.
- The Reserve Bank of India and federal and provincial public service commissions were provided for.
- Burma was separated from India.
Significance: Many administrative provisions of this Act influenced the Constitution of India, including the federal scheme, office of Governor, public service commissions, emergency provisions, and division of legislative powers.
Indian Independence Act, 1947 #
- British India was divided into the independent Dominions of India and Pakistan from 15 August 1947.
- British rule in India ended.
- The office of the Secretary of State for India was abolished.
- The Constituent Assemblies of the two Dominions became sovereign legislative bodies.
- British paramountcy over princely states lapsed.
- The office of Viceroy ended, while each Dominion was to have a Governor-General.
- The power of the British Parliament to legislate for India ended.
Significance: India became independent, though it remained a Dominion until the Constitution came into force on 26 January 1950.
Growth of the Constituent Assembly Idea #
| Year | Development |
|---|---|
| 1934 | M.N. Roy first proposed the idea of a Constituent Assembly for India. |
| 1935 | The Indian National Congress officially demanded a Constituent Assembly. |
| 1938 | Jawaharlal Nehru declared that the Constitution should be framed by an elected Constituent Assembly without outside interference. |
| 1940 | The August Offer accepted in principle that Indians should frame their own Constitution. |
| 1942 | The Cripps Proposals offered a constitution-making body after the Second World War. |
| 1946 | The Cabinet Mission Plan provided the basis for forming the Constituent Assembly. |
Formation of the Constituent Assembly #
The Constituent Assembly was formed under the Cabinet Mission Plan of 1946. Its members were indirectly elected by the provincial legislative assemblies through proportional representation by means of the single transferable vote. Representatives of princely states were nominated.
| Fact | Detail |
|---|---|
| Original strength | 389 members |
| British Indian provinces | 292 members |
| Chief Commissioners’ provinces | 4 members |
| Princely states | 93 members |
| Strength after Partition | 299 members |
| First meeting | 9 December 1946 |
| Temporary Chairman | Dr. Sachchidananda Sinha |
| Permanent President | Dr. Rajendra Prasad |
| Vice-President | H.C. Mookherjee |
| Constitutional Adviser | B.N. Rau |
Making of the Constitution #
Objectives Resolution #
Jawaharlal Nehru moved the Objectives Resolution on 13 December 1946. It was adopted on 22 January 1947 and later became the philosophical basis of the Preamble.
Drafting Committee #
The Drafting Committee was appointed on 29 August 1947, with Dr. B.R. Ambedkar as its Chairman.
Its original members were:
- Dr. B.R. Ambedkar
- N. Gopalaswami Ayyangar
- Alladi Krishnaswami Ayyar
- K.M. Munshi
- Syed Mohammad Saadulla
- B.L. Mitter
- D.P. Khaitan
B.L. Mitter was later replaced by N. Madhava Rau, and T.T. Krishnamachari joined after the death of D.P. Khaitan.
Important Committees #
| Committee | Chairman |
|---|---|
| Drafting Committee | Dr. B.R. Ambedkar |
| Union Powers Committee | Jawaharlal Nehru |
| Union Constitution Committee | Jawaharlal Nehru |
| Provincial Constitution Committee | Sardar Vallabhbhai Patel |
| Advisory Committee on Fundamental Rights, Minorities and Tribal Areas | Sardar Vallabhbhai Patel |
| Rules of Procedure Committee | Dr. Rajendra Prasad |
| Steering Committee | Dr. Rajendra Prasad |
Adoption and Commencement #
| Event | Date |
|---|---|
| First meeting of Constituent Assembly | 9 December 1946 |
| Objectives Resolution adopted | 22 January 1947 |
| Drafting Committee appointed | 29 August 1947 |
| Draft Constitution introduced | 4 November 1948 |
| Constitution adopted | 26 November 1949 |
| Members signed the Constitution | 24 January 1950 |
| Constitution came into force | 26 January 1950 |
The Assembly took 2 years, 11 months, and 18 days to complete the Constitution. It held 11 sessions over 165 days, of which 114 days were spent considering the Draft Constitution.
The original Constitution contained:
- 395 Articles
- 22 Parts
- 8 Schedules
Some provisions came into force on 26 November 1949, including those relating to citizenship, elections, provisional Parliament, and transitional arrangements. The remaining provisions commenced on 26 January 1950.
Why 26 January? The date honoured the Purna Swaraj Day observed on 26 January 1930 following the Lahore Session of the Indian National Congress in December 1929.
Important Acts: One-Line Revision #
| Act | Key Exam Point |
|---|---|
| Regulating Act, 1773 | First parliamentary control over the East India Company |
| Pitt’s India Act, 1784 | Board of Control and double government |
| Charter Act, 1813 | Ended Company monopoly except tea and China trade |
| Charter Act, 1833 | Governor-General of India and complete legislative centralization |
| Charter Act, 1853 | Separated legislative and executive functions of the Governor-General’s Council |
| Government of India Act, 1858 | Company rule ended; Crown rule began |
| Indian Councils Act, 1861 | Indians nominated to legislative councils and decentralization began |
| Indian Councils Act, 1892 | Budget discussion and indirect election |
| Indian Councils Act, 1909 | Separate electorates for Muslims |
| Government of India Act, 1919 | Dyarchy in provinces and bicameralism at the Centre |
| Government of India Act, 1935 | Provincial autonomy and three legislative lists |
| Indian Independence Act, 1947 | Independent Dominions of India and Pakistan |
Frequently Confused Facts #
| Question | Correct Answer |
|---|---|
| First Governor-General of Bengal | Warren Hastings |
| First Governor-General of India | Lord William Bentinck |
| First Viceroy of India | Lord Canning |
| First Indian in Viceroy’s Executive Council | Satyendra Prasad Sinha |
| First proposal for a Constituent Assembly | M.N. Roy, 1934 |
| Temporary Chairman of Constituent Assembly | Dr. Sachchidananda Sinha |
| President of Constituent Assembly | Dr. Rajendra Prasad |
| Chairman of Drafting Committee | Dr. B.R. Ambedkar |
| Constitutional Adviser | B.N. Rau |
| Constitution adopted | 26 November 1949 |
| Constitution commenced | 26 January 1950 |
Conclusion #
India’s constitutional system emerged through a gradual transition from Company administration to Crown rule, limited representation, provincial autonomy, independence, and democratic constitution-making. The Constitution adopted many useful administrative features from earlier laws but transformed them by establishing popular sovereignty, Fundamental Rights, responsible government, federalism, judicial review, and universal adult franchise.
Related revision: Important Articles of the Indian Constitution