In this article, we shall look into the Historical Underpinning and Evolution of the Constitution of India also known as the History of Indian Constitution through various acts that enabled the British to sustain their empire and how these acts laid a foundation for various provisions in our constitution.
The East India Company which came to India in 1600 managed to capture substantial administrative power in 1765 (in the aftermath of Battle of Buxar when British got revenue and civil justice rights for Bengal, Bihar and Odisha). The trading company since then consolidated its power in such a way so as to reach the nooks and corners of our country. The success of the British in India was primarily due to the administrative system they put in place through various statues. Which also led to profound impact of present form of Indian Constitution.

Many regulations and legislation passed before India's independence can be traced back to the Constitution. The Indian Constitution's evolution can be divided into two categories:

• The Company Rule (1773–1858) is a set of rules that governs how businesses are run.
• The Crown Rule (1858–1947) was a period of British rule that lasted from 1858 until 1947.

Colonial rulers used and devised methods for handling Indian affairs, and part of the British administrative system's legacy may be seen in India's constitution.

Because questions from key Indian statutes are frequently asked in exams, candidates can find a list of such statutes.

Historical Underpinnings & Evolution of the Indian Constitution

In the context of the Historical Underpinnings and Evolution of Indian Constitution, there are several layers:

The Regulating Act 1773 (Company Rule)

• For the first time, the British Parliament intervened in the East India Company's business.
• The Governor of Bengal has been elevated to the position of Governor-General of Bengal (Warren Hastings).
• The Governor-Executive General's Council was established with four members.
• The administration was centralised, with the Madras and Bombay Presidency becoming subordinate to the Bengal Presidency.
• In 1774, the Supreme Court was created as the Apex Court in Calcutta.
• Company executives were not allowed to engage in private trade or receive presents from Indians.

*For detailed notes of this topic, check this link The Regulating Act (1773) - Indian Polity UPSC notes

The Pitts India Act 1784 (Company Rule)

• It is considered as a milestone in Indian constitutional history.
• The company's commercial and political functions are separated.
• The economic activities were governed by the Court of Directors, while the political concerns were handled by the Board of Control.
• The territory of the company was called for the first time in India the "British possession of India."
• Governor's Councils were also established in Madras and Bombay.

*For detailed notes of this topic, check this link The Pitt's India Act of 1784 - Indian Polity UPSC notes.

The Charter Act 1833 (Company Rule)

• The Governor-General of Bengal was appointed the Governor-General of India by the Charter Act of 1833 (Lord William Bentinck).
• The Bombay and Madras Presidencies lost their legislative authority.
• The company's commercial activities were halted, and it was turned into an administrative entity as a result of this act.
• In the linked article, you can learn more about the Charter Act of 1833.

*For detailed notes of this topic, check this link The Charter Act of 1833- Indian Polity UPSC notes

The Charter Act 1853 (Company Rule)

• The Governor-legislative General's Council and executive responsibilities were split.
• Six members of the Central Legislative Council were appointed by the temporary governments of Madras, Bombay, Agra, and Bengal.
• The Indian civil service was established as a mechanism of openly recruiting officers for administrative positions.

*For detailed notes of this topic, check this link The Charter Act (1853)​ - Indian Polity UPSC notes.

The Government of India Act 1858 (Crown Rule)

• The company's rule came to an end after the 1857 uprising, and the British properties in India were returned to the British Crown.
• The Indian Secretary of State's office was established. He was aided by a 15-member Indian Council.
• He was in charge of the Indian administration, and the Viceroy was his agent.
• The Governor-General was also given the title of Viceroy (Lord Canning).
• The Board of Control and the Court of Directors were both disbanded.

*For detailed notes of this topic, check this link The Government of India Act (1858) - Indian Polity UPSC notes.

The Indian Councils Act 1861 (Crown Rule)

• In the Viceroy's Councils, Indians were represented.
• Three Native Americans were elected to the Legislative Council.
• Indians were allowed to participate in the Viceroy's Executive Council as non-official members.
• The portfolio system was acknowledged.
• Decentralization began with the restoration of legislative powers to the presidencies of Madras and Bombay.

*For detailed notes of this topic, check this link The Indian Councils Act (1861) - Indian Polity UPSC notes.

The Indian Councils Act 1892 (Crown Rule)

• Nominations (indirect elections) were implemented.
• The number of Legislative Councils has increased.
• Legislative councils were given new responsibilities, such as budget discussion and questioning of the government.

* For detailed notes of this topic, check this link The Indian Councils Act (1892) - Indian Polity UPSC notes.

The Indian Councils Act 1909 (Morley-Minto Reforms) (Crown Rule)

• For the first time, direct elections to legislative councils were held.
• The Imperial Legislative Council took the place of the Central Legislative Council.
• The legislative council now has a total of 60 members, up from 16 previously.
• The idea of a common electorate was widely welcomed.
• An Indian was appointed to the Viceroy's Executive Council for the first time (Law Member Satyendra Prasad Sinha).

* Read more about The Indian Councils Act (1909) (Morley-Minto Reforms) - Indian Polity UPSC notes

The Government of India Act 1919 (Montague-Chelmsford Reforms) (Crown Rule)

• Subjects were divided into two categories: central and provincial.
• In provincial administrations, diarchy was instituted, with executive councilors in charge of the reserved list and ministers in control of the transferred list of topics.
• The ministers were chosen from among the legislative council's elected members and were accountable to the legislature.
• At the centre, a bicameral legislature was established for the first time.
• It required three Indians to serve on the Viceroy's executive council.
• For the first time in India, this act provided for the establishment of a public service commission.
• This act expanded the right to vote, allowing around 10% of the people to exercise their right to vote.

*Read more about The Government of India Act (1919) (Montague-Chelmsford Reforms) - Indian Polity UPSC notes

The Government of India Act 1935 (Crown Rule)

• British India and the princely states were proposed to form an all-India federation. However, this never came to pass.
• The subjects were split between the central government and the provinces.
• The Federal List was in charge of the Centre, the Provincial List was in charge of the Provinces, and there was a Concurrent List that catered to both.
• Diarchy was abolished at the provincial level and replaced by monarchy at the national level.
• Provinces were given more authority, and bicameral legislatures were established in six of the eleven provinces.
• The Indian Council was abolished, and a federal court was constituted.
• Burma and Aden were cut off from the rest of India.
• The RBI was established as a result of this act.
• This Act was in effect till the new Indian Constitution took its place.

*Read more about The Government of India Act (1935) - Indian Polity UPSC notes

The Indian Independence Act 1947

• India was declared sovereign and independent.
• The Viceroy and Governors were given the title of constitutional (nominal) rulers.
• Established responsible governments at the national and provincial levels.
• Both legislative and executive authorities have been delegated.

*Read more about The Indian Independence Act, 1947 - Indian Polity UPSC notes

Conclusion

The topic Historical Underpinning and Evolution of the Constitution of India, also known as 'Historical Background of Indian Constitution'/ 'History of Indian Constitution,' is significant in terms of both history and polity courses in the IAS Exam. As a result, applicants should be well-versed in the Indian Constitution's historical and political growth to the Constituent Assembly of India.

FAQs

MCQs

1. From which country did India borrow the concept of Fundamental Rights?

A) UK
B) USA
C) Ireland
D) Canada

2. Which act introduced diarchy in Indian provinces?

A) Government of India Act, 1935
B) Government of India Act, 1919
C) Indian Councils Act, 1861
D) Charter Act of 1833

3. Who proposed the idea of a Constituent Assembly for India?

A) Jawaharlal Nehru
B) B. R. Ambedkar
C) M. N. Roy
D) Sardar Patel

4. What was the main contribution of the Government of India Act, 1935?

A) Introduction of parliamentary system
B) Introduction of federalism and provincial autonomy
C) End of British rule in India
D) Formation of the Constituent Assembly

5. The Directive Principles of State Policy were borrowed from which country’s constitution?

A) USA
B) UK
C) Ireland
D) Canada

GS Mains Questions and Model Answers

Q1: Discuss the impact of the Government of India Act, 1935, on the framing of the Indian Constitution.

Answer: The Government of India Act, 1935 had a significant impact on the framing of the Indian Constitution, as it introduced the concept of federalism and provincial autonomy. This act provided the framework for the federal structure of India, with clearly defined powers between the center and the provinces. The introduction of direct elections and a bicameral legislature in this act also influenced the structure of the Indian Parliament. Additionally, the act laid the foundation for the separation of powers between the executive and legislature, which became a key feature of the Indian Constitution.

Q2: Analyze the contributions of the Indian Councils Act, 1861, to the evolution of representative governance in India.

Answer: The Indian Councils Act of 1861 was a significant step towards the evolution of representative governance in India. It allowed Indians to be nominated to the Viceroy’s Legislative Council, thus introducing the concept of Indian representation in governance. The act also restored the legislative powers of the provinces, leading to greater decentralization and local governance. Though the act did not provide for elected representatives, it laid the groundwork for future reforms that gradually expanded Indian participation in legislative bodies.

Q3: Evaluate the role of the Constituent Assembly in drafting the Indian Constitution.

Answer: The Constituent Assembly played a crucial role in drafting the Indian Constitution. It consisted of representatives from various regions, communities, and political ideologies, ensuring that the Constitution reflected the diverse aspirations of the Indian people. Under the leadership of Dr. B. R. Ambedkar, the Drafting Committee synthesized elements from various international constitutions while ensuring that the Indian Constitution was suited to India's unique socio-political context. The Assembly deliberated on fundamental rights, the federal structure, and the role of the executive and judiciary, laying the foundation for a democratic, inclusive, and just political system.

Previous Year Questions (PYQs)

1. UPSC CSE Prelims 2018

Question: The Government of India Act, 1935, is significant because it:
A) Introduced federalism in India
B) Abolished the East India Company
C) Granted independence to India
D) Established the Supreme Court

Answer: A

Explanation: The Government of India Act, 1935, introduced federalism and provincial autonomy in India, creating a federal structure that influenced the drafting of the Indian Constitution.

2. UPSC CSE Mains 2020 (GS Paper 2)

Question: Discuss the historical evolution of the Indian Constitution and the influences of various British acts on its final structure.

Answer: The evolution of the Indian Constitution was shaped by a series of British acts that introduced key elements of governance in India. The Regulating Act of 1773 marked the beginning of British control, while the Pitt’s India Act further centralized power. The Indian Councils Act, 1861, laid the groundwork for representative governance, and the Government of India Act, 1919, introduced diarchy, allowing Indian ministers to govern certain sectors. The most significant influence came from the Government of India Act, 1935, which introduced federalism and provincial autonomy. These acts provided the foundation for the democratic, federal, and parliamentary system that characterizes the Indian Constitution today.