What is Constitution?

• Constitution is the legal document having a

special legal sanctity which set outs the
framework and principal functions of the
organs of the govt. of state and declare the
principles governing the operation of those
organs.
 What is Constitutional Law?
• Constitutional Law is a broader term as it
comprises of the Constitution, Statutory
regulations, Judicial decisions and
conventions. It has been developed by the
interpretation of the constitution through
Judicial Review. It consists legal norms and
non-legal norms.
 What is Constitutionalism?
• Constitutionalism means that the govt. should
be limited in its power and its authority
depends upon its ability to observe those
limitations. Constitutionalism recognize the
need for a govt. but insist upon constrains
been placed on the power of the government.
 Historical Background
• Year 1600 - The Coming of the British
East Indian Company
Traders
Charter
Exclusive Licensee (CHARTER)
• The Charter of 1726
The Mayor Courts at Calcutta, Madras and Bombay
• Diwani Rights ( Civil Revenue and Tax Collection Rights
Bengal, Orissa, Bihar
Rich = Officials
Debt = EIC
 COMPANY RULE
• To Control and regulate the affairs of the East
India Company in India:
• Regulating Act
• E.I.C. Act
• Charter Act ( Revision in every 20 year)
Regulating Act, 1773, 1793, 1813, 1833, 1853
 Regulating Act 1773
• First step to regulate East India Company
(Checks and Balances, Answerability) – Court
of Directors.
• First step to centeralise
• Governor General of Bengal ( Warren
Hastings), Governor General in council ( 4
Members executive council) also performing
legislative Function
• Supreme Court
 The Act of Settlement, 1781
• To remove the defects:
• Given supremacy to executive (Governor
General in council)
• Limit the jurisdiction of supreme court by
exempted the actions of public servants of the
company.
 PITT’S INDIA ACT 1784
• British Possession
• Double Government- Limit EIC Power
Commercial matters- Court of Directors
Board of Control- Political/ Military and
Administrative matters
• The Number of the Members of the Governor
General Council was reduced to 3
• Act increase the Control of governor General
 Charter Act 1833
• Final step of centralisation
• Governor General of India ( Lord william Bentick
) called as government of India
• His Council is Known as Indian Council
• Regulations are Acts
• EIC- purely Administrative Function.
• The Council were enlarged for legislative work by
the addition of a law member 4th but temporary
 Act of 1853
• Covenanted Civil service- Open examination
• Separated executive and legislative function of
Governor General in councils
• Last charter Act
• Separate Legislative Council Established
“Indian Central Legislative Council”
Councillors- Mini Parliament
12 members
Indefinate Extension – EIC “on trust”
• FIRST WAR OF INDEPENDENCE, 1857
• The Government of India ACT, 1858, Act of Good Government
• This Act ended the English East India Company rule and established authority of British Crown.

Features:

• The act declared that India shall be Governed by and in the name of her Majesty through secretary
of State for India
• A new post secretary of state for India was established in England and given all the powers of the
dual Government.
• Viceroy Direct representation of crown not Governor General
• A council for 15 Members were appointed to assist Secretary General of India
• Secretary of State in council ( Body Corporate)= can sue or be sued
• “Responsibilty”
• Proclamation Queen Victory empress of India.
• Administrative streamlining
 INDIAN COUNCILS ACT 1861
• Get Indian Involved in Government.
• Viceroy “lord Canning”
• Indian sit in Legislative council ( Non- Official Members).
• Decentralisation starts
• Transaction rules will be made by Viceroy.
• Portfolio system.
• Increase Accountability
• 5 new members added in executive council.
• All bill required the assent of viceroy to become an act. He
also have a veto power.
• Ordinance making power
 INDIAN COUNCILS ACT 1892
• 1861 Act fail to satisfy the aspirations of Indian People. And as a result of growing
feeling of Nationalism.
• Efforts of Indian National Congress that the India Council Act was Passed
Features
• Act exclusively deal with powers, Functions and composition of Legislative Council
• Increase the strength of non official members in Central Legislative and Provincial
Legislative
• Discuss Budget under certain conditions in central legislative council.
• Member of Council can ask the questions to the government on matters of Public
interest with prior notice of 6 Days.
• Central Legislative council (some non official member) on Recommendation of the
provincial legislative council/ Bengal chamber of commerce ( Viceory)
• Provincial legislative council on recommendation of ( Zamindar, trade union
etc).(governor)
• Indirect Elections “ Elections” not used in this act.
 INDIAN COUNCILS ACT 1909
• Morley Minto Reformation.
• Establish policy of Divide and Rule
• Central Legislative Council 16 to 60 (Official were in
majority)
• Increase in Provincial L.C. also. (non official were in majority
in provincial council)
• Legislative council Function enlarged so that they can move
resolution on budget. But not permitted to discuss
expenditure of government.
• Associated Indian with the executive council.(SP SINHA)
• Separate Electorate i.e Communal electorate (LEGALISE
COMMUNILISM)= UNITY EFFECTS (LORD MINTO FATHER OF
THIS)
 Government of India Act 1919
• Want of more responsible government and his Majesty government want to include Indians in every branch of administration
and to form a self government.
• Montagu Chelmsford reform.

Features
• Central and provincial subjects were demarcated for law making. (But still centralised).
• Dyarchy (Double rule) two subjects: reserved subjects (governor and executive council will make rule) not answerable to
legislative council like police and transferred subjects (same but answerable to legislative council) like education. (not
successful)
• Bicameralism upper house (council of states) and lower house (legislative assembly)and Direct Election in the country. (
WOMEN , POOR WERE NOT ALLOWED TO VOTE ONLY THE PERSON HAVING MINIMUM AMOUNT PROPERTY,
ON TAX OR EDUCATION BASIS.
• 3/6 VICEROY’S EXECUTIVE COUNCIL. 3 WERE INDIAN BUT CANNOT APPOINT AS COMMANDER IN CHIEF.
• Extension of communal extension.
• High Commissioner office in London. Some Work on behalf of Secretary state of India.
• Establishment central Public service commission in 1926 on the recommendation of GOI ACT 1919.
• Provincial can enact their own budget.
• ONE COMMISSION WILL MAKE AFTER 10 YEAR WHO WILL CHECK THE WORK OF THE ACT OR ITS
FUNCTION.
• SIMON COMMISSION (1927) 7 Member. (no Indian member involve) boycott by Indians so they submitted there report by
themselves.
• Recommend to abolish Dyarchy system.
• Recommend More responsible government.
• Recommend more communal electorate
• To Implement those suggestion roundtable conference in england. After three roundtable conferences, “ white paper of
constitutional reforms”
 COMMUNAL AWARD 1932
• BR Ambedkar represent the depressed classes in
conference. They are given separate electorate.
Opposed by (Gandhi ji) Fast unto death.
• Poona pact (Hindu Joint electorate) will be there
and reservation were given to depressed class.
Government of India, 1935 effect in
1937
• It’s the biggest document before independence.
• Establishment of All India Federation. ( British Provinces as well as Princely
state will be part of it). Three list: FL, PL, CL. ( India as a Unit) but princely
state not joined. Viceroy had a residuary power. No AIF.
• Dyarchy system abolished in provinces and “Provincial autonomy”
introduced.
• federal subjects divided in to reserved and transferred subjects. (not in
force).
• Legislature of Bengal, Bihar, madras, Assam, Bombay and the united
provinces made bicameral and Direct Voting.
• Communal Electorate to Depressed classes, Women, labour.
• Secretary of state council (15 Members) Abolished. (Team of advisory should
be given secretary of state who will assist him)
• Voting Right Relaxation (10% Indian can Vote).
• Establish Reserve bank of India ( Help to improve economy).
• Establish federal service commission, provincial service commission and joint
public service commission.
• Federal court establishment 1937 by recommendation of this act.
 Indian Independence Act, 1947
• Clement Attlee PM ( We will go back) on 20 Feb, 1947. Till 30 June 1948 the power
should be transferred to Indian Hands because of Communalism and Mutiny.
Demand for Partition by Muslim League. 3 June 1947, The Constituent Assembly
which was established in 1946, if the people want to accept their rules they can or
not. They can nullify for British rules or II Act, 1947.
• 3 June 1947, Lord Mountbatten Partition plan proposed, accept by INC AND ML.
• British rule will be over and India from 15 August, 1947 will become sovereign and
Independent. Two independent Dominion And they can refuse for the
membership in commonwealth.
• Abolish Viceroy office. Now one Governor General appointed by British King with
the recommendation of dominion Cabinet. He will act on the advise of Council of
Ministers.
• Office of secretary of state abolished.
• Princely state given some rights. (Kashmir) (Hyderabad also demanded).
• Both India & Pakistan Will make their Constitution till that time the rules and
regulations give under GOI, 1935 Should follows.
• British Civil servants gone.
• Radcliffe Commission ( Determine Boundary)
 MAKING OF CONSTITUTION
• In 1934 the idea of constituent assembly for India
was put forward for the first time by MN Roy. INC
Demanded it in 1935. 1938 Jawaharlal Nehru
declared that the Constitution must be framed,
without outside interference.
• In August offer 1940 they accepted the demand of
Constituent assembly but after 2nd world war.
• In 1942 Cripps Came to India with draft proposal that
they will help Indian to make Constitution by
establishing the assembly after 2nd world war.
• As Provided in Cabinet Mission plan the constituent
Assembly came in to India in November, 1946.
• Strength (389) out of which 296 ( British India)
Princely state (93).
• Its Members were elected by the provincial
assembly by indirect election.
• Representatives of Princely states ( Head will
appoint “KING”)
• 208 Seats INC, ML 73 Seats other political parties
15 seats. The rest were not filled.
• First Meeting December, 9 1946 with Dr.
Sachidananda Sinha elected as a President of the
Assembly. Muslim League Boycott. 211 attend it.
• Later, Dr. Rajendra Prasad was elected as the President of the
Assembly.
• Objective Resolution, 13 December 1946. ( Fundamental Philosophy
then Preamble)
INDEPENDENT,SOVERIGN, REPUBLIC.
UNION OF THEM ALL. (Incorporation of all territories)
Boundary can be Reorganised. After Debated ( Autonomous unit)
Derive Power from People of India
Justice, Equality, Liberty..
Backward class, Minorities will uplift
Integrity ( Civilized Nation)
January 22 1947 adopted and accepted by all.
 Changes by the Independence Act
• Assembly to be full sovereign body.
• Constituent Assembly to a legislature also. (
Constitution and ordinary laws will also make).
• Muslim League members a separate constituent
Assembly.
Enactment of the Constitution
Drafting Committee by BR Ambedkar (Modern Manu).
• First Reading
• Second Reading
• Third Reading