Constitutional Development – II

for RPSC
Presented by:
Sweta Kumari
Historical Background
 Constitutional Development under Company (1600-1858)

 Constitutional Development under British Government

(1858-1947)
 Govt. of India Act, 1858
 Indian Council Act, 1861
 Indian Council Act, 1892
 Indian Council Act , 1909
 Govt. of India Act, 1919
 Govt. Of India Act, 1935
 Indian Independence Act, 1947
Govt. of India Act, 1858 British Crown

 Act known as the Act for the Good Government of India.

 British crown replaced the Company rule.
 Secretary of State for India was appointed and was assisted by Secretary of
Council of India with 15 members to exercise the power of the State for India
Crown. (in Britain)
 Governor General was now known as Viceroy of India and
acted as the agent of the crown.
 • Lord Canning became the first Viceroy of India.

Governor General
(in India)
Indian Council Act, 1861

 Parliamentary system started in India.

 Indians became non-official members of the legislature.
 Viceroy given power to present Budget.
 Recognition to the ‘Portfolio’ system, was introduced by Lord Canning in
1859.
Indian Council Act, 1892

 Introduced indirect elections.

 Governor General could nominate members.
 Functions of Legislative Council Expanded to discuss the budget and ask
questions to the executive.
Indian Council Act , 1909:
Morley-Minto Reforms.
 Central Legislative Council became imperial Legislative Council with officials
forming the majority.
 Provincial legislative councils had a majority of non-official members.
 Satyendra Prasad Sinha became the first Indian to join the Viceroy’s
Executive Council.
 Introduced communal representation for muslims with a separate electorate
system.
 Legalized communalism. Lord Minto created a communal electorate.
Govt. of India Act, 1919:
Montague - Chelmsford Reforms
 Separated central subjects from provincial subjects.
 Provincial subjects were transferred and reserved.
 Transferred subjects were administered by Governor with the help of
ministers who were responsible to the legislature.
 Reserved subjects were administered by Governor and Executive Council who
were not responsible to the legislature.
 Bicameral legislature with upper and lower houses were formed with direct
elections.
 In governor-general’s council, 3 of the 6 members had to be Indians.
Govt. Of India Act, 1935

 Established All India federation of provinces & princely states as constituent

units.
 Reserve Bank of India, Federal Court, Public Service Commission etc was
proposed to be established.
 Federal, provincial and concurrent were lists introduced.
 Introduced dyarchy at the centre and bicameralism in the provinces.
The August Offer, 1940
• Governor-General’s Executive Council was expanded to include more Indians.
• Advisory War Council was established

Cripps Proposals, 1942

• Provision was made up for participation of Indian States in the Constitution
making body.
• The leaders of the principal sections of the Indian people were invited to take
active and effective participation in the councils of their country.

C.R. Formula, 1944

• C.R. Raja Gopalchari presented the ‘C.R. Formula’ by which the Muslim League
would support the Congress demand for complete freedom.
 Wavell Plan, 1945
• India was to be granted Dominion status in the near future.

Cabinet Mission Plan, 1946

• The Cabinet Mission of 1946 came to India aimed to discuss the transfer
of power from the British government to the Indian leadership, with the
aim of preserving India's unity and granting it independence.

Lord Attlee’s Announcement

• British would quit India after transferring power into the responsible
hand not later than June 1948.
• Lord Mountbatten appointed Viceroy.
Indian Independence Act, 1947

 Declared India as independent & sovereign state.

 Established responsible government at the Center & Provinces.
 Designated Governor General of India & Provincial Governors as Constitutional
heads or nominal heads.
 The first Governor General of free India was Lord Mountbatten
 C. Rajagopalachari was the first & last Indian Governor General