The Constitution of India and the historical background of the Constitution is very important for UPSC, IAS, and civil service exams of each state. NCERT Study Notes are the beginning of the preparation of the competitive exams conducted by the central government.

India is having a parliamentary democracy where the executive is responsible to the legislature. In the legacy of the British system of administration many features of the Indian politics and Constitution. For managing affairs in India the colonial rulers had devised and employed.

Historical Evolution of the Indian Constitution

In the background of the Indian Constitution there are various layers:

• Regulating Act of 1773
• Pitt’s India Act 1784
• Charter Act of 1813
• Charter Act of 1833
• Charter Act of 1853
• Government of India Act 1858
• Indian Councils Act 1861
• India Councils Act of 1892
• Morley-Minto Reforms 1909
• Montague-Chelmsford Reforms 1919
• Government of India Act 1935
• Indian Independence Act of 1947

In some way, these acts were instrumental for the development of the Constitution of India.

Regulating Act of 1773

• In 1773 the British Parliament introduced the regulating act to resort to the affairs of the East India Company.
• The Governor of Bengal Warren Hastings was made as the Governor-General of Bengal.
• An Executive Council was created with a Governor-General along with 4 members.
• The administration was centralized by making the Presidencies of Madras and Bombay into the subordinates to the Bengal Presidency.
• In 1774 the Supreme Court was established in Calcutta as the Apex Court.
• This act prohibited the officials of East India company from engaging in private trade and also from accepting gifts from Indians.

Pitt’s India Act 1784

• Pitt’s India Act separated the Commercial and political functions of the East India company. By this, the Board of Control managed political affairs and the commercial activities were managed by the Court of Directors.
• The territories of the company in India were called the ‘British possession in India’.
• In Bombay and Madras, the Governor’s Councils were set up under Pitt’s India Act.

Charter Act of 1813

• The Charter Act was brought into existence in 1813.
• This act ended the monopoly of East India Company over trade with India except in tea and opium. Trade with India was open to all the subjects of British.

Charter Act of 1833

• Lord William Bentinck the Governor-General of Bengal was designated as the Governor-General of India.
• This act removed the legislative powers of the Bombay and Madras Presidencies.
• The commercial activities of the company were ended under this act and it was transformed into an administrative body.

Charter Act of 1853

• The Charter Act of 1853 has separated the legislative powers and executive powers of the Governor-General’s Council.
• A Central Legislative Council was created which includes 6 members in which 4 members were appointed from the provisional governments of Bengal, Madras, Agra and Bombay.
• This Charter Act of 1853 opened the Indian civil service as a means to recruit officers for administration through open competition.

Government of India Act 1858

• After the 1857 revolt, the East India company rule was ended and the possessions of the British in India came under the British Crown directly.
• This act has led to the creation of the office of the Secretary of State for India. Here the secretary was assisted by a Council of India which had 15 members in it.
• The administration of India was under his authority and the Viceroy was his agent. Lord Canning was the Governor-General and he was also designated the Viceroy as well.
• The Court of Directors and the Board of Control was formally put to an end.

Indian Councils Act 1861

• Indians were also given representation in the council of Viceroy. Three Indians had entered the Legislative Council.
• The Indians were given the provisions for the entry in the Viceroy’s Executive council also as non-official members.
• This act recognized the Portfolio system.
• This act initiated the Decentralisation with the presidencies of Madras and Bombay which will be restoring their legislative powers.

Indian Councils Act 1892

• This act introduced indirect elections or nominations.
• The Legislative Councils were expanded. More functions were given to the legislative councils such as the discussion of budget and also questioning the executive.

Indian Councils Act 1909 (Morley- Minto Reforms)

• Due to this act, the Direct elections to the legislative councils were introduced for the first time in India.
• The Central Legislative Council became the Imperial Legislative Council.
• The members of the legislative council were increased from 16 members to 60 members.
• This act has accepted the concept of the separate communal electorate.
• An Indian was made as a member of the Viceroy’s Executive Council for the first time. Satyendra Prasad Sinha was made as the Law Member and he was the first member of the viceroy’s Executive Council.

Government of India Act 1919 (Montague-Chelmsford Reforms)

• Central and provincial subjects were separated.
• In the provincial governments, the Diarchy was introduced with executive councilors being in charge of the reserved list and also the ministers in charge of the transferred list of subjects.
• The ministers were nominated by the elected members of the legislative council and they were responsible to the legislature.
• For the first time at the center, a bicameral legislature was introduced. (Legislative council and legislative assembly were later called Rajya Sabha and Lok Sabha respectively).
• It was mandatory that three members of the Viceroy’s executive council should be Indians.
• This act provided the establishment of a public service commission for the first time in India.
• This act extended the right to vote. And from this, about 10% of the population acquired rights for voting.

Government of India Act 1935

• An all India Federation was proposed which consisted of both British India and the princely states. This never materialized though.
• The subjects were divided between the center and the states (provinces). The Federal List is all under the control of the center, the Provincial List is all under the control of provinces and there was a Concurrent List which both catered to.
• This act had abolished the Diarchy at the provincial level and introduced it at the center.
• The autonomy was more accorded to the provinces and in 6 out of 11 provinces, this act also introduced a bicameral legislature.
• The Indian Council was abolished and the federal court was established.
• Burma and Aden were severed off from India.
• RBI was established by this act.
• This India Act 1935 was continued until it was replaced by the new Indian Constitution.

Indian Independence Act of 1947

In the year 1947 India was declared independent and sovereign. The Viceroy and the Governors were made nominal heads of Constitutional heads.

To set up the responsible governments in the centre and also in the provinces (States). Under this act, the Constituent Assembly of India has got both the legislative powers and executive powers.

FAQs

MCQs

1. Which of the following acts laid the foundation for a federal system in India?

A) Government of India Act, 1858
B) Government of India Act, 1919
C) Government of India Act, 1935
D) Indian Independence Act, 1947

2. Who is considered the chief architect of the Indian Constitution?

A) Jawaharlal Nehru
B) Mahatma Gandhi
C) Dr. B.R. Ambedkar
D) Sardar Patel

3. What is the significance of the Directive Principles of State Policy in the Indian Constitution?

A) They are enforceable by the judiciary.
B) They are non-justiciable guidelines for the government.
C) They are part of the Fundamental Rights.
D) They are only advisory and have no impact on governance.

4. Which of the following was not a feature of the Government of India Act, 1935?

A) Federal structure
B) Bicameral legislature
C) Universal suffrage
D) Governor-General with executive powers

5. What was the main goal of the Indian National Congress during the colonial period?

A) Complete independence from British rule
B) Home rule within the British Empire
C) Formation of a republican government
D) Economic self-sufficiency

GS Mains Questions and Model Answers

Q1: How did the historical background of the Indian Constitution shape its provisions?

Answer: The historical background of the Indian Constitution, including colonial rule and the demand for self-governance, shaped its provisions. The British constitutional framework, along with the experiences of self-rule movements, influenced key features such as federalism, the role of the executive, and fundamental rights. The colonial experience, including the Government of India Acts, laid the foundation for the structure of the Constitution, while the Constituent Assembly's deliberations incorporated democratic ideals and social justice principles.

Q2: Discuss the influence of British constitutional laws on the Indian Constitution.

Answer: The Indian Constitution was heavily influenced by British constitutional laws, particularly the Government of India Acts, which shaped its structure, the distribution of powers, and the functioning of the legislature and judiciary. The British concept of a unitary state was adapted to India's needs by introducing a federal system with a strong central government. Furthermore, the idea of parliamentary sovereignty, the office of the Governor-General, and the role of the judiciary were inspired by British legal frameworks.

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

Answer: The Constituent Assembly played a pivotal role in drafting the Indian Constitution by creating a democratic framework that balanced the needs of a diverse country. It debated the structure of government, the protection of fundamental rights, and social justice provisions. The Assembly's members, including leaders like Dr. B.R. Ambedkar, ensured the Constitution addressed issues such as equality, independence, and the protection of minority rights, thus laying the groundwork for India's democracy.

Previous Year Questions on the Indian Constitution

1. UPSC CSE Prelims 2021:

Question: Which of the following Acts provided the foundation for the federal structure of India?

A) Government of India Act, 1935
B) Indian Independence Act, 1947
C) Government of India Act, 1919
D) Montagu-Chelmsford Reforms

Answer: (A)

Explanation: The Government of India Act, 1935, provided the foundation for India's federal structure by defining the distribution of powers between the central and provincial governments.

2. UPSC CSE Mains 2019 (GS Paper 1):

Question: "What were the significant influences on the drafting of the Indian Constitution and how did they shape its provisions?"

Answer: The Indian Constitution was influenced by several global and colonial experiences. British constitutional law, the American model of federalism, the French ideals of liberty and equality, and Irish provisions on the directive principles shaped its provisions. The Constituent Assembly's discussions reflected a blend of these influences and addressed India's diverse needs, including the protection of social justice and individual rights. This blend ensured a robust framework that balanced the interests of both the central and state governments, while also upholding democracy and secularism.