Consititutional History of India

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Constitutional History of India 1

Module-1: Historical Advent of Constitutional


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Government and Panchayati Raj

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Chapter-1.1: Constitutional Government in Ancient India
1.1.1 The Concept of Monarchy in Ancient India

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1.1.2 Idea of Dharma
1.1.3 Statecraft

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1.1.4 King and Legal Procedure

Chapter-1.2: Panchayati Raj Institutions Sabha and Samiti

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1.2.1 Concept of Gram Sabha and Samiti
1.2.2 Features of Gram Sabha and Samiti
1.2.3 Structure of Gram Sabha and Samiti

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1.2.4 Difference between Gram Sabha and Samiti

Chapter-1.3: Panchayats
1.3.1 Panchayats in India: The Context
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1.3.2 Decentralized Planning and Panchayati Raj
1.3.3 Panchayati Raj Institutions
1.3.4 Panchayat Level Administration and Development
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1.3.5 Role of Women in Panchayats


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2 Constitutional History of India

Chapter-1.1: Constitutional Government in Ancient


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India

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Objective
●● The Concept of Monarchy in Ancient India

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●● Idea of Dharma
●● Statecraft

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●● King and Legal Procedure

Introduction
Anatomically modern humans initially reached the Indian sub-continent from Africa

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in the middle of 73,000 and 55,000 years back, based on a consensus in modern
genetics. The earliest recognized human remains in India, however, age back to 30,000
years ago. Settled life, which includes the evolution from foraging to agriculture and

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pastoralism, started around 7,000 BCE in Greater India. The presence of wheat and
barley domestication, trailed quickly by that of goats, sheep, and cattle, can be recorded
at the Mehrgarh site. Settled life had dispearsed more widely by 4,500 BCE, and started
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to develop steadily into the Indus Valley Civilization, an early Old World civilization
that was concurrent with Ancient Egypt and Mesopotamia. In what is now known as
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Pakistan and north-western India, this civilization thrived between 2,500 BCE and 1900
BCE and was known for its urban planning, baked brick houses, intricate drainage, and
water supply.
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Persistent drought caused the population of the Indus Valley to scatter from large
urban centers to villages in the early second millennium BCE. Around the same time,
in many waves of migration, Indo-Aryan tribes migrated into Punjab from areas further
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northwest. The ensuing Vedic era was distinguished by the assimilation of the Vedas,
the vast compilation of hymns of these tribes whose advance religious culture gave rise
to Hinduism by algamation with the already extant religious cultures of the subcontinent.
During this period, the idea of Varna, a social classification system that split individuals
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into various groups dependant on their occupations and skills, such as priests, warriors,
merchants, and tradesmen, was established. Towards the end of this period, about
600 BCE, a second urbanization took place after the rural and nomadic Indo-Aryans
dispersed from the Punjab to the Gangetic plain, vast areas of which they deforested
to make the way for agriculture. Janapadas, or the small Indo-Aryan chieftaincies, were
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united into bigger states, or mahajana padas. The urbanization in Greater Magadha
brought about the rise of new ascetic movements, including Jainism and Buddhism.
These movements brought new religious ideals, which went against the growing hold
)A

of Brahmanism and the power of rituals, adminstered by the Brahmin priests that had
come to be connected with Vedic religion.

The Maurya Empire, between the 4th and 3rd centuries BCE, occupied a magority
of the Indian subcontinent. Prakrit and Pali literature in the northern India and Tamil
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Sangam literature in southern India began to flourish from the 3rd century BCE and on.
Wootz steel was founded in South India in the 3rd century BCE and was sold to foreign
countries. For the following 1,500 years, different localities of India were goverened by

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Constitutional History of India 3

various dynasties during the Classical period, among whom the Gupta Empire sticks
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out. This period is regarded as the Classical or Golden Age of India, experiencing a
Hindu religious and intellectual revival. Many aspects of Indian society, governement,
culture, and religion (Hinduism and Buddhism) diffused through a majority of Asia

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during this period, while kingdoms started to have maritime business relations with the
Middle East and the Mediterranean in southern India. Indian cultural influence spread
through multiple sections of Southeast Asia, which contributed to the establishment in

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Southeast Asia (Greater India) of Indianized kingdoms.

The most important incident between the 7th and 11th centuries was the Kannauj-
centered Tripartite fight that lasted between the Pala Empire, the Rashtrakuta Empire,

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and the Gurjara-Pratihara Empire for a period longer than two centuries. Starting from
around the middle of the fifth century, Southern India saw the emergence of various
imperial powers, most prominently the Chalukya, Chola, Pallava, Chera, Pandyan,

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and Western Chalukya Empires. During the 11th century, the Chola dynasty defeated
southern India and effectively occupied sections of Southeast Asia, Sri Lanka, the
Maldives, and Bengal. In the initial medieval period, Indian mathematics, as well as
Hindu numerals, influenced the formation of maths and astronomy in the Arab world.

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As early as the 8th century, Islamic conquests built limited inroads into current
Afghanistan and Sindh, trailed by the invasions of Mahmud Ghazni. As early as the

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8th century, Islamic conquests made small headways into modern Afghanistan and
Sindh, followed by Mahmud Ghazni’s invasions. The Delhi Sultanate was established
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by Central Asian Turks in 1206 CE, who in the initial period of the 14th century
controlled a large part of the northern Indian subcontinent, but deteriorated in the late
14th century, and witnessed the emergence of the Deccan Sultanates. The affluent
Bengal Sultanate also arose, lasting over three centuries, as a locality and diplomatic
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power. Multiple influential Hindu states, notably Vijayanagara, Gajapati, Ahom, and
Rajput states, for example, Mewar, emerged in this period. The 15th century witnessed
the rise of Sikhism. The early modern era started in the 16th century, when much of
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the Indian subcontinent was conquered by the Mughal Empire, becoming the largest
global economy and industrial power, with a supposed GDP estimated at a fourth of the
world GDP, superior to the combination of the GDP of Europe. In the early 18th century,
the Mughals experienced a gradual decline, which created opportunities for Bengal’s
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Nawabs, Marathas, Sikhs, and Mysoreans to exert influence across vast regions of the
Indian subcontinent.

From the mid-18th century to the mid-19th century, the East India Company, a
chartered company, operating on behalf of the British government as a sovereign entity,
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gradually annexed vast regions of India. Frustration with the rule of the Company in
India led to the Indian Rebellion of 1857, which shook parts of northern and central
India and led to the company’s dissolution. The British Crown, in the British Raj,
)A

eventually governed India directly. After World War I, the Indian National Congress,
led by Mahatma Gandhi, and known for nonviolence, initiated a nationwide struggle for
independence. A separate Muslim-majority nation-state would later be proposed by the
All-India Muslim League. In August 1947, the British Indian Empire was split into the
Dominion of India (now the Republic of India) and the Dominion of Pakistan (now the
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Islamic Republic of Pakistan and the People’s Republic of Bangladesh), both of which
gained independence.

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4 Constitutional History of India

Indian subcontinent is a geographical area in southern Asia, located on the Indian


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Plate and distending southwards from the Himalayas into the Indian Ocean.

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1.1.1 The Concept of Monarchy in Ancient India
Monarchy was hegemony over a region in ancient India by a king who functioned
as its protector, a position involving both secular and religious control. Between the

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Vedic and Later Vedic period, the meaning and importance of kingship changed
radically and underwent further evolution in the times of the Jain and Buddhist rulers.
While there is proof that kingship was not consistantly hereditary during the Vedic era

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and into the Later Vedic time, suggestions of voted kingship had already begun to
dissappear by the time of the composition of the Brāhmana literature.

A monarchy is a form of government where a person, the King, is leader of state for

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life or until renunciation.

Ultimately, Vedic principles regarding the establishment of the king’s office draw
on stories about the coronation of one god as king of all others. Legends exists as to

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which of the gods gained this position; In Ṛg Veda the following, Indra, Agni, Soma,
Yama, and Varuṇa are all referred to as “King.” Indeed, kingship in the Ṛg Veda
mostly displays only in the form of gods as kings. Hymns, including 10.173-10.175,
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directly addressed to earthly kings, are the exception instead of the rule. The king is
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believed to have been “established” by Indra in these songs and “made victorious” by
Soma and Savit. While this indicates a close dependence of the king on the gods, the
uncommonness of the figure of the human king in the Ṛg Veda coincides with the notion
that kings in this era were essentially on a level with tribal chiefs and were not regarded
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as divine. At 10.124.8, there is a provocative line that discusses people electing their
king, and this seems to be supported by 3.4.2 in Atharvaveda. In the Rg Veda, several
hymns also display the significance of the samiti (10.166.4, 10.191), the ruling body,
further suggesting that the early Vedic king ruled in a tribal context where assembly
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decision-making still played a major role.

In the early Vedic era, the king was not considered divine. However, by the time the
Brāhma’as were written, through his qualities and the rituals he conducted, the king was
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gradually identified with the gods. Kingship had also moved to a hereditary status by
this time, and the Samiti started to decline in importance.

Dharma and the King


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The creation of a military organization ruling the local population occurred prior
to the Vedas. As they were integrated into the local population, political control within
the society started to alter from an inter-clan system in which several clans divided up
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duties into a more Vedic-like structure where one ruler goverened over and took care
of his people. The concepts of brahman and ksatra, or spiritual and temporal power,
respectively, appeared first in this new paradigm. The Brahmin had to properly “instruct
others in their duties” and direct their spiritual practice in order for the communal
dharma to be achieved; the Ksatriya, on the other hand, was tasked with the “royal
(c

function” of preserving obedience in accordance with dharma and thus guaranteeing


that proper practices were performed. Given that the former determined the right

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Constitutional History of India 5

spiritual act while the later implemented it, an vital cooperation emerged between the
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two in order to guarantee the performance of dharma, and this collaboration formed
“one of the fundamental elements in smriti’s theory of kingship”. This coincided with the
emergence of the principle of the rebirth of the soul and possible liberation of moksha

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from the rotation of continuous rebirths known as samsara as illustrated by stories
predating some of the famous epics, such as Vidula’s account in which the warrior
is emotionally roused in the face of hostile adversity to fulfil his duties as a warrior.

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In other words, rulers are to “accept and fulfil [their] duty without ever desiring that
which does not have enduring worth” according to this new philosophy, by not binding
themselves to their actions and being concerned only about the ultimate outcome of

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their action. Enabling, and if needed, imposing everyone to act this way, “leads finally
to escape from karma” and thus attains the spiritual goal of brahma, liberation from the
cycle of samsara.

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Divinity of the King
The divinity of the king had become well known by the time of the composition
of the Mānava Dharmaśāstra. The king is said to be made of divine particles from a

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variety of gods in Manu 7.4, including Yama, Indra, Varu’a, and Kubera. This can be
seen as closely linked to the earlier assumption that the king claimed different attributes
of the Gods at his coronation. It is mentioned in Manu 7.8 that even an infant king
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should never be treated with contempt since, in fact, he is a God on earth. Nārada
18.49-50 resonates this feeling, saying that the divinity of the king is apparent in the
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power of his decrees: as soon as he utters them, his words are law. This is in contrast
to previous Dharmasūtra texts, which, in comparison to Brahmins, seem to emphasize
the king’s subordinate status and make no mention of his divinity.
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King as Protector
The Dharmasūtras and Dharmaśāstras accept that defending, punishing, and
maintaining dharma for all in his kingdom is the king’s special duty. Nevertheless, in
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the Dharmaśāstras there is a new myth of the establishment of kingship not present
in the Dharmasūtras and separate from those found in previous Vedic literature. It is
mentioned in Manu 7.2 that the Self-Existing Lord established the king to restore
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order to the chaotic world that existed without him. Then the Lord created punishment
(spoken of as a deity), since the earth is subdued by punishment (Manu 7.22). The
king flourishes by fulfilling his duty as protector and punisher (Manu 7.107). The poor
and needy were to obtain royal protection (i.e., widows, infants, the mentally disabled,
the destitute). The king, as a kṣatriya, also had a responsibility to protect his subjects
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against external threats and wage war with rival kingdoms alongside protecting his
subjects against each other. Manu 7.87, for example, states that a king must never
back down from a war when challenged; indeed, his dharma is to fight.
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Varṇa of the King


Manu 7.2 explicitly notes that it is eligible for a kṣatriya who has obtained Vedic
initiation to become a king. Elsewhere, any twice-born person is prohibited from living
in a Śudra-ruled country (4.61); likewise, Brahmins are prohibited from receiving gifts
(c

from any king who is not of proper royal lineage (4.84).But commentators such as
Medhātithi, Kullūka, and Vijñāneśvara ultimately overturned such rules on the lineage of

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6 Constitutional History of India

the king, stating that regardless of his varna, any person recognized as having control
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over a territory is to be understood as king.

Authority of the King

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In Dharma literature, the foundation of the king’s authority is a matter of some
discrepancy. Some writers of dharma texts make it seem as if the strength of the
king resides solely in his obedience to and protection of dharma. Only in accordance

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with the law are his edicts powerful; his legal decisions should be based on what is
mentioned in the śāstras alone, not on his own will and authority. In addition, whatever
his Brahmin advisers announce to be dharma, the king really only enforces. For

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instance, the Vasiṣṭha Dharmasūtra is clear that Brahmins will state what dharma
is for the three varnas, and the king will rule accordingly (1.39-41). Nevertheless, in
other scriptures, or even in passages in the same texts, the king’s power requires the
application of his own purpose and will. Thus, unlike Manu 7.28-31, 8.44-45 states in

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the same text that in the administration of justice, the king should depend on his own
powers of deduction. But by the time of the Nāradasmrti, the royal decree had been
established as the most powerful above all other sources of rule, abrogating all the

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rest. In this way, the force behind royal decrees is gradually located in the king himself,
although he is still urged to maintain dharma.

Indeed, while some sources suggest that the king maintained a cohort of religious
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advisors to consult on different religious matters, the king remained a force to himself
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for the simple fact that he bore the consequences of his acts and decisions, an idea
based on the reciprocity shared between the king and his subjects: the king’s deliverance
“depends on his subjects, for he suffers the consequences of their sins and profits from
the merits they acquire”. Likewise, his subjects are dependent on him, for if he “protects
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them as he should,” his people may dedicate themselves “to their duties”. In addition,
although power was increasingly located within the monarch, his position was retained
within a set of boundaries and the role he played in society did not expand into areas
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that were previously untouched. For instance, the king played no direct role in the matter
of spiritual redemption (i.e. moksa) at all; it is not his job to “propound any superstitious
idea, to lay down any part of righteousness,” or to help define or decide “what is or is
not religion”. Actually, the king was to behave as the enforcer and sometimes mediator
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through which the “imperial sacrificial ceremonies” were performed. Undeniably, a


special “affinity with the gods,” most notably Indra, ensuing from his role in personally
leading special sacrifice and ensuring others likewise executed the rites is mentioned
as a basis of the king’s authority. Instances of such sacrifices comprise the Rajasuya
(“the king’s inauguration sacrifice”), the Asvamedha (“the horse sacrifice”), and the
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Aindramahabhisheka (“The Great Consecration of Indra”).

Statecraft
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Manu and Yājñavalkya, following the tradition of the Arthaśāstra, go into great
detail in describing rājadharma (law of or for the king) as to how the king is to establish
his government and administer his kingdom. Manu 7.54, without explicitly specifying
their varna, advises the king to select seven or eight counsellors who are learned
and of noble birth. However, one person should be selected from these as a prime
(c

minister, and the text specifies that this individual is to be a Brahmin. On the other hand,
Yājñavalkya 1.310 advises that all mantrins are Brahmines.

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Constitutional History of India 7

It is appropriate to appoint lower officials (amātyas) to duties based on their


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personal characteristics, including integrity, intellect, and cleverness. The collection of
taxes, control of royal mines, and collection of tolls for the use of public transportation
were among the activities to be supervised by the amātyas.

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In saying that envoys (dūta) should be chosen based on cleverness and the ability
to discern hints and gestures, i.e., to read the appearance of a rival king for clues as

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to his motives and general nature, Manu follows Kautilya. For both diplomacy and
reconnaissance, the position of the envoy was essential.

The significance of the envoy’s position can be seen in Yājñavalkya 13.328, which

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includes a collection of arrangements for both the dispatch and return of the dūta,
including the meeting of the king with all his ministers.

As for his kingdom’s organization, according to Manu, a king should position

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constables between the second, third, and fifth villages, and the hundredth villages.
There should also be named superintendents with authority over one, ten, twenty, a
hundred, and a thousand villages (Vishnu 3.9-10 has one, ten, a hundred, and a whole
district). Any issues occurring in villages are to be reported to higher superintendents

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progressively; Vishnu notes that the issue must be reported to the next highest
superintendent and so on if a solution is not found by a lower superintendent.

The King and Legal Procedure r


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The king is the supreme facility for legal proceedings. This will mean that only the
most relevant cases would be heard directly by the king, i.e. cases on which the local
community or guild courts could not make a decision. Both Manu and Vishnu state
that either the king can prosecute cases himself (accompanied, of course, by Brahmin
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jurists), or he can nominate a Brahmin judge to supervise him for trials. Manu also
allows a non-Brahmin dvija to be named as a legal interpreter, but a Śudra cannot serve
as one in any circumstances.
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Uniformly, Dharma texts emphasize that the king is unbiased in his decisions.
Manu says that “a king who is partial and unjust in his inflicting of punishment will
himself be punished” (7.27), saying at 8.128 that “punishing one who does not deserve
to be punished condemns the king to hell”. Somewhere else, Viṣṇu and Nārada
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emphasize that both the king and his judges be impartial in their hearing of cases. This
had religious as well as purely legal implications; as per Nārada Mātṛkā 1.65, “a king
who follows proper procedure in hearing lawsuits is ensured fame in this world and
heaven in the afterlife”.
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In the Brhaspatismrti, after performing morning ablutions, the king is instructed to


hear cases in the morning, dressed in his regalia. This contradicts Manu 8.2, which
says that the king’s attire for his daily hearing of court case should be modest.
)A

The king is advised to observe the external clues of a litigant when hearing
instances to distinguish his disposition, just as an ambassador is to decode the
disposition of a rival king by bodily and gestural clues. Manu 8.62-72 defines who the
king may or may not have questioned in connection with a trial as a witness; at Nārada
(c

1.159, a substantially expanded list is given. The king is advised at Manu 8.73 to rely
on what the majority of witnesses say, or else the testimony of witnesses of superior
qualities, when hearing a contradictory testimony from witnesses; if discrepancy

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8 Constitutional History of India

continues to exist, it is to rely on the testimony of Brahmins. Nārada 1.142 notes that
Notes

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witnesses whose evidence consistently contradicts each other should be rejected by
the king.

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Taxation
After the theory of absolute ownership of land by the monarch, the king’s right to
tax was the logical next step. The king is described by Manu as the absolute lord of the

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land and, as such, the king was entitled to his share of the land’s produce. The king’s
permission was needed for land to be bought, sold and donated. In reality, the land was
owned by the citizens, with the king only claiming full ownership. They would be fine

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as long as the people used the land and paid their taxes, but otherwise the king might
exert his power and confiscate the land.

This understanding was part of a bilateral agreement made between the citizens

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and the king. The citizens will work the land and provide the king with taxes for
defense. The contract implies that the people submitted to the sovereign authority they
established, volunteered to pay the tax, the people set the tax rate, the taxes are paid

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to the king as a payment for his protection, and the king is answerable to the people.
From this, it can be assumed that the king has the right to tax, that it is the people’s
responsibility to pay taxes, and that this responsibility is conditional on the king’s
performance of his duties. This principle of the king’s security in relation to taxes is so
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important that some texts call for the king to pay for any stolen goods that he fails to
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recover.

The king was restricted in the way he was able to tax. He needed to know when to
tax and when not to tax because some periods were better than others. The amount of
tax imposed on a person was to be calculated by the human being’s life. They were to
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be heavily taxed if they had become wealthy by wrongdoing, those who were affluent
were to be taxed steadily, and those who could not pay should never be taxed.
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The overall amount of taxes that people can pay should not be surpassed. Profits
and surpluses should be the only items that are taxed. Increases should be made
slowly and at the right times. Taxes should be used by the king to support the people.

There were several different types of taxes, as mentioned below:


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●● Bali: The king collected taxes from his subjects on a regular basis during the early
Vedic period. The taxes were known as bali and consisted of 1/6 of a person’s
agricultural produce or cattle. Another form of bali was the king’s collection of
tributes from defeated enemies. There was a scheme in place to raise these taxes,
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but the specifics have since been lost to the passage of time. Bali remained in
place even when other forms of taxation arose in later times. It was a peculiar tax
that various kingdoms levied differently in order to collect extra revenue.
)A

●● Land revenue: As it evolved from bali, this was the main tax in the post-Vedic
period. It was a major source of revenue for the state and had been used in every
kingdom since its creation. The state earned 1/6 of the land’s produce as a result
of this levy. This tax was imposed on land income rather than gross production.
(c

People could pay the tax in the form of the goods they generated or in cash.
●● A survey will also be performed in order to help in the proper collection of the
revenue.
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Constitutional History of India 9

●● Irrigation tax: The state was expected to control and protect natural water
Notes

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supplies. They also had to build and maintain irrigation systems such as canals. A
fourth of the produce was taken when water was taken from rivers, tanks, lakes, or
wells.

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●● Toll charges: Duties are levied on products imported from other nations, as well
as goods manufactured in rural areas and within the region. The rates ranged from

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4% to 20%. The only exceptions were marriage and religious products. Other tolls
included a water ferry toll, a toll to reach the city, a road toll, and a toll for using the
harbor.

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●● Sales tax: There were two different kinds of sales taxes. One was a ten percent
general sales tax on all products. Other taxes are levied on things such as jewelry,
land auctions, and immovable assets. The confiscation of the goods bought was
the penalty for tax evasion.

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●● Labor tax: All were supposed to do their part for the greater good. Poor citizens
who were unable to pay their taxes in kind or in cash would be forced to work in
state factories. Every month, everybody, including Brahmins, had to work solely for

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the king, known as Visti.
●● Poll tax: Individuals are subject to this fee. The poll tax came in two varieties. The
first was a general tax that was imposed on every family member. The second was
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a special tax that unwanted foreigners were forced to pay in order to enter a city.
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1.1.2 Idea of Dharma
Dharma is a central term in Indian religions such as Hinduism, Buddhism, Jainism,
Sikhism, and others, with various definitions. In Western languages, dharma has no
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single word translation.

Dharma is one of the four elements of the Pururtha, or life’s goals, in Hinduism,
and it relates to actions and the order that enables life and the world to exist.
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Responsibilities, rights, legislation, behaviour, virtues, and the “right way of living” are
all part of it. Dharma in Buddhism refers to “cosmic law and order,” as reflected in the
Buddha’s teachings. Dhamma/dharma is also the word for “phenomena” in Buddhist
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philosophy. The teachings of Tirthankara (Jina) and the body of doctrine relating to the
purification and spiritual transformation of human beings are referred to as Dharma in
Jainism. Dharma refers to the course of righteousness and correct religious practise for
Sikhs.
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The idea of dharma has been used in Vedic religion for centuries, and its meaning
and philosophical scope have evolved over time. Dharma, like the other elements of
the Pururtha, is a pan-Indian term. Tirukkural, an ancient Tamil moral text, is based
solely on aṟam, the Tamil word for dharma. Dharma is an important term in Indian
)A

philosophy and religion. In Hinduism, Buddhism, Sikhism, and Jainism, it has a number
of definitions. It’s difficult to provide a single concise definition of dharma because
the concept has such a long and varied history and covers such a broad variety of
definitions and interpretations. In western languages, there is no single-word synonym
(c

for dharma.

Attempts to translate ancient Sanskrit literature containing the word dharma into
German, English, and French have been various and conflicting. According to Paul
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10 Constitutional History of India

Horsch, the definition has raised major challenges for contemporary commentators
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and translators. For instance, while Grassmann’s translation of Rig-veda classifies
seven unlike meanings of dharma, Karl Friedrich Geldner in his translation of the Rig-
veda uses 20 different translations for dharma, comprising of meanings such as “law”,

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“order”, “duty”, “custom”, “quality”, and “model”, amongst others. The term dharma,
however, has become a commonly known loanword in English, appearing in all modern
unabridged English dictionaries.

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The word “dharma” comes from the root “dhri,” which means “to help, hold, or
carry.” It’s the thing that governs the direction of change by refusing to change, but
it’s also the idea that never changes. The widely cited reference for definitions and

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explanations of Sanskrit terms and concepts of Hinduism, Monier-Williams, offers
various definitions of the word dharma, including that which is defined or firm, steadfast
decree, statute, law, practise, tradition, obligation, right, justice, virtue, morality, ethics,

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faith, religious merit, good works, nature, character, quality, property. Nonetheless, each
of these meanings is incomplete, and the number of these translations does not convey
the full meaning of the word. Dharma is a Sanskrit word that means “right way of life” or
“right direction”.

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The sense of the word dharma varies depending on the context, and it has
changed over time as Hinduism’s theories have developed. Dharma meant cosmic

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law, the laws that shaped the universe from chaos, as well as rituals, in Hinduism’s
earliest texts and myths; later Vedas, Upanishads, Puranas, and Epics refined, richer,
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and more nuanced the meaning, and the word was extended to a number of contexts.
In certain cases, dharma refers to human activities that are considered essential for
the universe’s order, values that prevent disorder, and behaviours and acts that are
expected of all life in nature, culture, family, and at the individual level. Duty, rights,
ni

behaviour, vocation, faith, traditions, and all actions deemed acceptable, correct, or
morally upright are all part of Dharma.

Adharma, like dharma, incorporates and means a broad variety of concepts; in


U

general use, adharma refers to what is against nature, immoral, unethical, wrong, or
unlawful.

The teachings and doctrines of Buddhism’s founder, the Buddha, are referred to as
ity

dharma in Buddhism. Dharma is a Hindu guiding concept that refers to human beings
in solitude, in relationships with other humans and nature, as well as inanimate objects,
and to the entire universe and its components. It involves actions, practises, social
laws, and ethics, and it refers to the order and customs that make life and the universe
m

possible. Hindu dharma encompasses each individual’s religious obligations, moral


rights and responsibilities, as well as actions that promote social order, correct conduct,
and virtuous behaviour. According to Van Buitenen, dharma is that which all existing
beings must embrace and honour in order to preserve world peace and order. It is the
)A

natural laws, not the act or the consequence, that direct the act and produce the result
in order to keep the world from becoming chaotic. It is an inherent characteristic that
defines an individual. It is the pursuit and execution of one’s true nature and calling, and
therefore playing one’s part in the grand scheme of things. The dharma of the bee is to
make honey, the cow’s dharma is to give milk, the sun’s dharma is to radiate sunlight,
(c

and the river’s dharma is to flood. Dharma is the need for, the consequence of, and the
essence of service and interconnectedness of all life in terms of humanity.

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Constitutional History of India 11

In its purest form, dharma refers to a Hindu’s capacity to “expand the mind.” It also
Notes

e
symbolises the direct link that exists between the individual and the social phenomena
that tie the society together. In the same way that societal events affect an individual’s
conscience, an individual’s actions can alter the course of society, for better or worse.

in
Santana dharma, which is the overall, unchanging, and abiding principles of
dharma that are not subject to change, and yuga dharma, which is relevant for a yuga,

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an epoch or age as defined by Hindu tradition and thus may change at the end of its
time, are two aspects of dharma in Hinduism.

This growth was continued in Hinduism’s Upanishads and later ancient scripts. The

O
idea of dharma is maintained in the Upanishads as a universal principle of law, order,
peace, and reality. It functions as the Universe’s moral regulating principle.

Person realistic morality is stressed heavily in Hindu religion and philosophy. This

ty
issue is omnipresent in the Sanskrit epics.

For example, in the Second Book of the Ramayana, a peasant asks the King to
do what dharma morally demands of him, and the King agrees and does so, despite

si
the fact that doing so costs him dearly. In the Ramayana, dharma is at the centre of all
significant events in Rama’s, Sita’s, and Lakshman’s lives. The Ramayana addresses
life circumstances and ethical questions in symbolic terms in each episode. The

r
characters debate the issue, and in the end, right triumphs over wrong, good triumphs
over bad. As a consequence, the good, morally upright, law-abiding king is referred to
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as “dharmaraja” in Hindu Epics.

Similarly, dharma is central in the Mahabharata, the other great Indian epic, and it
is portrayed by symbolism and metaphors. At the end of the epic, the god Yama, who is
ni

referred to in the text as dharma, appears as a dog to test Yudhishthira’s compassion.


Yudhishthira is told he cannot reach heaven with such an animal, but refuses to leave
his friend, for which dharma praises him. The meaning and appeal of the Mahabharata,
according to Ingalls, is not so much in its complicated and hurried explination of
U

metaphysics in the 12th book, since Indian metaphysics is more articulately portrayed
in other Sanskrit scriptures; rather, the draw of Mahabharata, like Ramayana, is in its
portrayal of a sequence of moral problems and life circumstances, to which there are
ity

typically three answers given, according to Ingalls: one response is of Bhima, to which
the answer is of brute force, an separate angle signifying materialism, egoism, and
self; the second answer is of Yudhishthira, which is always an appeal to piousness and
gods, of social virtue and of tradition; the third answer is of introspective Arjuna, which
lies between the two extremes, and who, said Ingalls, symbolically discloses the finest
m

moral characteristics of man. The Hindu Epics are a symbolic treatise on life, values,
practises, morality, ethics, law, and other dharma aspects. According to Ingalls, the
Hindu Epics contain detailed discussion of dharma at the person level, including topics
)A

such as free will versus destiny, when and why people believe in either, and concluding
that the strong and wealthy naturally maintain free will, while those suffering sorrow
or anger naturally lean toward destiny. The Hindu epics represent different facets of
dharma and function as a metaphorical way of transmitting dharma.
(c

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12 Constitutional History of India

According to 4th century Vatsyayana


Notes

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Vātsyāyana, a 4th century Hindu scholar, explained dharma by comparing it with
adharma, according to Klaus Klostermaier. Dharma, according to Vātsyāyana, can be

in
found not only in one’s acts, but also in one’s words, writings, and thoughts:

1. Adharma of body: hinsa (violence), steya (steal, theft), pratisiddha maithuna (sexual
indulgence with somebody that is not one’s partner)

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2. Dharma of body: dana (charity), paritrana (help of the distressed) and paricarana
(giving service to others)

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3. Adharma from words one speaks or writes: mithya (untruth), parusa (caustic
talk), sucana (defamation) and asambaddha (absurd talk)
4. Dharma from words one utters or writes: satya (truth and facts), hitavacana
(speaking with good intent), priyavacana (gentle, kind talk), svadhyaya (self-study)

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5. Adharma of mind: paradroha (animosity to anyone), paradravyabhipsa (greediness),
nastikya (denial of the presence of morals and religiosity)

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6. Dharma of mind: daya (compassion), asprha (disinterestedness), and sraddha
(faith in others)

According to Patanjali Yoga


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Dharma is real in Patanjali’s Yoga Sutras, but it is unreal in Vedanta.
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According to Patanjali, dharma is a part of yoga, and the elements of Hindu
dharma are the attributes, characteristics, and aspects of yoga. Dharma was divided
into two groups by Patanjali: yamas (restraints) and niyamas (observances).
ni

According to Patanjali, the five yamas are: abstinence from harming all living
beings, abstinence from lying (satya), abstain from wrongful theft of another’s valuables
(acastrapurvaka), abstian from desiring or sexually cheating on your partner, and do not
U

expect or accept gifts from others. The five yamas govern action, speech, and mind.
Patanjali clarifies yama by specifying that certain occupations and circumstances can
necessitate conduct qualification. For example, a fisherman must injure a fish, but he
must do so with the least amount of trauma to the fish possible, and he must avoid
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harming any other creatures while fishing.

The five niyamas (observances) are cleanliness by consuming pure food and
eliminating impure thoughts (such as arrogance, jealousy, or pride), contentment in
one’s means, meditation and quiet contemplation regardless of circumstances, study
m

and pursuit of historic wisdom, and dedication of all acts to the Supreme Teacher to
reach concentration perfection.
)A

Dharma and Poverty


Dharma being essential for individual and society, is reliant on poverty and
affluence in a society, according to Hindu dharma scriptures. For instance, according to
Adam Bowles, Shatapatha Brahmana 11.1.6.24 associates social wealth and dharma
through water. It says that water comes from rains; when rains are plentiful, the world
(c

prospers, and this abundance allows people to pursue Dharma – a spiritual and lawful

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Constitutional History of India 13

way of life. Everything suffers in times of hardship, drought, and poverty, including
Notes

e
human relationships and the desire to live according to dharma.

The relationship between poverty and dharma comes full circle in

in
Rajadharmaparvan 91.34-8. A country with a lower moral and legal standard of living
experiences suffers distress, and as the level of distress increases, more unethical and
illegal conduct occurs, contributing to the distress. Those in positions of authority must

nl
obey the raja dharma (ruler’s dharma), for this helps society and individuals to follow
dharma and prosper.

Dharma and law

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In India’s ancient legal and religious texts, dharma is specified as duty or propriety.
Pitri Dharma (meaning a person’s duty as a father), Putra Dharma (meaning a person’s
duty as a son), Raj Dharma (meaning a person’s duty as a king), and so on are

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examples of such use. In Hindu philosophy, living according to dharma is important for
justice, social peace, and happiness. These guidelines and rules are recorded in the
Dharmashastra. According to the facts, India once had a large collection of dharma-

si
related literature (sutras, shastras); four of the sutras have survived and are now known
as Dharmasutras. There are parallel and separate compendiums of rules, such as the
laws of Narada and other ancient scholars, that exist alongside Manu’s laws in the
Dharmasutras. These numerous and contradictory law books are neither exclusive nor
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supersede other Hindu sources of dharma. Instructions on schooling, rites of passage,
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traditions, religious rites and ceremonies, marital rights and responsibilities, death and
ancestral rites, laws and administration of justice, offences, penalties, rules and types of
proof, kingly duties, and morality are all included in these Dharmasutras.
ni

Buddhism
Dharma refers to cosmic law and order in Buddhism, but it also refers to the
Buddha’s teachings. Dhamma/dharma is also the word for “phenomena” in Buddhist
U

philosophy.

For practising Buddhists, references to “dharma” (dhamma in Pali), especially


as “the Dharma,” generally refer to the Buddha’s teachings, also known as Buddha-
ity

Dharma in the East. It includes, as opposed to parables and poetry, discourses on the
fundamental principles (such as the Four Noble Truths and the Noble Eightfold Path).

Different Buddhist traditions have different views on the position of Dharma. Some
regard it as the fount of all things that lie outside the “three realms” (Sanskrit: tridhatu)
m

and the “wheel of becoming” (Sanskrit: bhavachakra), similar to the pagan Greek and
Christian logos: this is identified as Dharmakaya (Sanskrit).[citation needed] Others,
who believe the Buddha as simply an enlightened being, view the Dharma as the
essence of the “84,000 different aspects of the teaching” that the Buddha contributed to
)A

numerous types of people, created upon their individual tendencies and abilities.

Dharma applies not only to the Buddha’s teachings, but also to the numerous
schools of Buddhism’s later practises of interpretation and addition to better understand
and build upon the Buddha’s teachings. Others, on the other hand, see the Dharma as
(c

referring to “truth,” or the ultimate fact of “the way things really are” (Tibetan: Chö).

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14 Constitutional History of India

The Dharma is one of Buddhism’s Three Jewels, and it is in it that Buddhists seek
Notes

e
refuge, or on which they depend for their long-term happiness. The Buddha, which
refers to the mind’s perfection of liberation, the Dharma, which refers to the Buddha’s
teachings and methods, and the Sangha, which refers to the monastic group that offers

in
instruction and encouragement to followers of the Buddha, are the Three Jewels of
Buddhism.

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Jainism
The word Dharma appears in all of Jainism’s main texts. It applies to a variety of
terms and has a contextual meaning. In the broadest sense, it refers to the Jinas’ or any

O
opposing spiritual school’s teachings, a supreme route, socio-religious obligation, and
the highest Mangala (holy).

The Tattvartha Sutra, a major Jain text, discusses Das-dharma, which means “ten

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righteous virtues.” Forbearance, humility, forthrightness, purity, truthfulness, self-control,
austerity, renunciation, non-attachment, and celibacy are among them.

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Sikhism
Dharam refers to the road of righteousness and correct religious practise for Sikhs.
In hymn 1353 of the Guru Granth Sahib, dharma is represented as a duty. Sikh Dharma
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is defined broadly as everything that constitutes faith, moral obligation, and way of life
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by the 3HO movement in Western culture, which has integrated some Sikh beliefs.

1.1.3 Statecraft
India’s history and culture are rich and varied, stretching back to the dawn of
ni

human civilization. It all starts with a mysterious community that grew along the
Indus River and in farming communities in India’s southern states. The continuous
convergence of migrant people with the diverse cultures that surround India is a
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characteristic of India’s history. Available evidence indicates that the use of iron, copper,
and other metals was common in the Indian subcontinent at an early date, suggesting
that this area of the world had advanced. India had emerged as a highly established
civilization by the end of the fourth millennium BC.
ity

The Indus Valley Civilization


The birth of the Indus Valley Civilization, also known as Harappan Civilization,
marks the beginning of India’s history. It flourished about 2,500 BC in what is now
m

Pakistan and Western India, in the western portion of South Asia. The Indus Valley
was home to the largest of Egypt’s, Mesopotamia’s, India’s, and China’s ancient urban
civilizations Nothing was known about this civilization until the 1920s, when the Indian
)A

Archaeological Department conducted excavations in the Indus valley, uncovering the


ruins of two ancient cities, Mohenjodaro and Harappa. Ruins of buildings and other
objects such as household items, weapons of war, gold and silver ornaments, seals,
toys, pottery wares, and other artifacts indicate that a highly developed Civilization
flourished in this area between four and five thousand years ago.
(c

The Indus Valley Civilization was mainly an urban civilization, with inhabitants
living in well-planned and well-built towns that often acted as trade hubs. The ruins of
Mohenjodaro and Harappa reveal magnificent merchant cities that were well-planned,
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Constitutional History of India 15

scientifically laid out, and well-maintained. They had a well-developed drainage system
Notes

e
and large roads. The houses had two or more stories and were constructed of baked
bricks.

in
Wheat and barley were the staple foods of the highly civilized Harappans, who
knew how to cultivate cereals. They consumed vegetables and fruits, as well as mutton,
pork, and chickens. They wore both cotton and woolen garments, according to the

nl
evidence. The Harappan culture came to an end around 1500 BC. Recurrent floods and
other natural causes such as earthquakes are among the numerous causes related to
the collapse of Indus Valley Civilization.

O
Vedic Civilization
The Vedic civilization is the oldest civilization in ancient India’s history. It is named
after the Vedas, the Hindu people’s early literature. The Vedic Civilization thrived

ty
along the Saraswati River, which flows through the current Indian states of Haryana
and Punjab. Vedic is another name for religious and philosophical thinking that has
developed from the Vedas, and Hinduism is synonymous with Vedic. The two great

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epics of this period were the Ramayana and the Mahabharata.

The Buddhist Era

r
In the 7th and early 6th centuries BC, sixteen great powers (Mahajanpadas)
existed during Lord Gautam Buddha’s lifetime. The Sakyas of Kapilavastu and the
ve
Licchavis of Vaishali were two of the most powerful republics. Apart from republics,
monarchical states existed, the most important of which were Kaushambi (Vatsa),
Magadha, Kosala, and Avanti. These states were dominated by powerful personalities
who pursued policies of territorial expansion and absorption of neighbouring states.
ni

There were, however, distinct signs of republican states expanding while monarchical
states grew.

Buddha was born in BC 560 and died in BC 480 at the age of eighty. His birthplace
U

was a grove known as Lumbini, situated near the city of Kapilavastu, Nepal, at the foot
of Mount Palpa in the Himalayan ranges. Buddha, whose original name was Siddhartha
Gautama, was the founder of Buddhism, a religion and philosophical ideology that
ity

spread through most of southern and eastern Asia and became a great culture.

Alexander invaded India in 326 BC, crossing the Indus River on his way to
Taxila. King Porus, ruler of the kingdom between the rivers Jhelum and Chenab, was
then challenged. Despite battling with elephants, which the Macedonians had never
m

seen before, the Indians were defeated in the fierce combat. Porus was captured by
Alexander, who, like the other local rulers he had defeated, allowed him to continue
ruling his region.
)A

Alexander sought out the Indian philosophers, the Brahmins, who were known for
their insight, and argued with them on philosophical issues during his journey to the
rivers Hydaspes and Indus in the south. For decades, he was respected in India as both
a wise scholar and a fearless conqueror.
(c

The army came to a halt in one of the Mallis’ villages, which was said to be one
of the most warlike Indian tribes. Several times during the assault, Alexander was
wounded, the most severely when an arrow pierced his breastplate and ribcage. He

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16 Constitutional History of India

was rescued by Macedonian officers after a narrow escape from the village. In July 325
Notes

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BC, Alexander and his army arrived at the mouth of the Indus River and turned west to
head home.

in
The Mauryan Empire
The Mauryan Empire (322 BC-185 BC) marked a pivotal point in Indian history. It is
said to have been a time when chronology became more accurate. It was a time when

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India achieved new heights in politics, literature, trade, and commerce. It was a time of
unification for the lands that had traditionally been divided into kingdoms. Furthermore,
during this period, India developed successful contact with the outside world.

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The chaos that followed Alexander’s death provided Chandragupta Maurya with
an opportunity to free the countries from the Greek clutches and occupy the provinces
of Punjab and Sindh. With the support of Kautilya, he overthrew Nandas’ power at

ty
Magadha and founded the Mauryan Empire in 322 BC. Chandragupta, who ruled from
324 to 301 BC, was thus named “liberator” and “first emperor” of Bharata.

Chandragupta became interested in religion as he grew older, and in 301 BC, he

si
gave his throne to his son Bindusar. Bindusar invaded the Deccan Highlands during his
28-year rule and transferred the throne to his son Ashoka in 273 BC. Ashoka is not only
the most famous king of the Maurya dynasty, but also one of India’s and the world’s
greatest rulers. r
ve
With the exception of a small region in the far south, his empire stretched from
the Hindu Kush to Bengal, and included Afghanistan, Baluchistan, and all of India. His
kingdom also included the valleys of Nepal and Kashmir.

The conquest of Kalinga (modern Odisha), which proved to be the turning point in
ni

Ashoka’s life, was the most significant event of his reign. The Kalinga war saw a lot of
violence and devastation. Ashoka’s heart was lacerated by the battlefield’s sufferings
and massacres. He made the decision to stop fighting. He understood the evil of
U

material conquest as well as the beauty of moral and spiritual victory. He was attracted
to Buddha’s teachings and dedicated his life to the rule of duty or piety’s conquest of
men’s hearts. Dharma Vijaya, or ‘Conquest by Piety’ was his policy.
ity

Weak rulers succeeded Ashoka, allowing the provinces to assert their


independence. The daunting task of running such a vast empire was too difficult for the
poor rulers to manage. The Mauryan Empire’s fall was also helped by the competition
among the successors.
m

The Kushanas founded their authority over India’s northwestern frontier at the
beginning of the first century A.D. Kanishka (125 A.D.-162 A.D.), the third in the
Kushana dynasty, was the most famous of the Kushana kings. The Kushana dynasty
)A

ruled until the middle of the third century A.D. The development of the Gandhara School
of Art and the spread of Buddhism to far-flung parts of Asia were two of their most
notable achievements during their reign.

Gupta Dynasty
(c

The Guptas were the most powerful dynasty after the Kushanas. The Gupta time
has been referred to as India’s “Golden Age.” Ghatotkacha’s son Chandragupta I was

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Constitutional History of India 17

the first famous king of the Gupta dynasty. Kumaradevi, the daughter of the Licchavis
Notes

e
chief, was his wife. Chandragupta I’s life was turned upside down by this marriage. The
Lichhavis gave him Pataliputra as a dowry. With the aid of the Licchavis, he established
his empire from Pataliputra and began conquering several neighboring states.

in
Magadha (Bihar), Prayaga, and Saketa were his domains (east Uttar Pradesh). From
the Ganges to Allahabad, his empire spread. Chandragupta I was also granted the title
Maharajadhiraja (King of Kings) and ruled for approximately fifteen years.

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In about 330 A.D., Chandragupta I was succeeded by Samudragupta, who ruled for
around fifty years. He was a military genius who is said to have led a military campaign
across the Deccan and subdued the Vindhya region’s forest tribes.

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Chandragupta II, also known as Vikramaditya, was Samudragupta’s successor
and conquered the large territories of Malwa, Gujarat, and Kathiawar. The Guptas
prospered even more as a result of this incredible wealth. During this period, the

ty
Guptas engaged in sea trade with western countries. Kalidas, the greatest Sanskrit
poet and dramatist, as well as many other scientists and scholars, flourished most likely
during his rule.

si
Between the end of the fifth and the beginning of the sixth centuries A.D.,
the Gupta empire in northern India started to collapse, giving rise to a slew of small
independent kingdoms that attracted Hun invasions. Toramara, the Huns’ king, was
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successful in annexing significant portions of the Gupta Empire. Mihirakula, his uncle,
ve
was a ruthless barbarian and one of the world’s worst tyrants. Yasodharman of Malwa
and Baladitya of Magadha, two powerful native princes, crushed his influence and put
an end to his reign in India.

Harshavardhana
ni

On the death of his brother, Rajyavardhana, Harshavardhana (606-647 A.D.)


ascended the throne of Thaneshwar and Kannauj at the start of the 7th century.
U

Harshavardhana had founded his kingdom in northern India by 612.

Harshavardhana invaded the Deccan Chalukya kingdom, which was then ruled
by Pulakesin II, in 620 A. D. Harshavardhana, however, was defeated due to the
Chalukya resistance. Harshavardhana is known for his religious tolerance, as well as
ity

his capable administration and diplomatic relations. He established diplomatic ties with
China and sent envoys to share ideas with the Chinese rulers and extend their mutual
understanding.

Hiuen Tsang, a Chinese traveler who visited India during Harsha’s reign, wrote a
m

vivid description of the social, economic, and religious conditions in India during his
reign and praised the king. Harsha’s death left India without a central supreme force
once more.
)A

The Chalukyas of Badami


Between the 6th and 8th centuries A.D., the Chalukyas were a dominant force in
southern India. Pulakesin I, the first great ruler of this dynasty, ascended to the throne
(c

in 540 A.D. and founded a mighty empire after many glorious victories. Kirtivarman
and Mangalesa, his sons, expanded the kingdom by fighting several successful wars
against their neighbors, including the Konkan Mauryans.

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18 Constitutional History of India

Pulakesin II, Kirtivarman’s uncle, was one of the Chalukya dynasty’s most powerful
Notes rulers. He was in control for nearly 34 years. He consolidated his power in Maharashtra

e
and captured large swaths of the Deccan during his long reign. His greatest
achievement was beating Harshavardhana in a defensive battle.

in
In 642 A.D., however, Pulakesin was defeated and killed by Pallav king
Narasimhavarman. Vikramaditya, his son and a great ruler like his father, succeeded

nl
him. He revived the war against his southern foes. To a large degree, he returned the
Chalukyas’ former glory. Vikramaditya II, his great grandson, was also a great warrior.
Vikramaditya and his son were overthrown in 753 A.D. by a chief named Dantidurga,
who laid the foundation for the Rashtrakutas, the next great empire of Karnataka and

O
Maharashtra.

The Pallavas of Kanchi

ty
The Pallava king Sinhavishnu came to power in the last quarter of the sixth century
A.D. and invaded the region between the Krishna and Cauveri rivers. Mahendravarman,
his son and successor, was a versatile genius who, sadly, lost the northern parts of
his realm to the Chalukya king Pulekesin II. His son, Narsinhavarman I, crushed the

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Chalukyas’ power. During the reign of Narsinhavarman II, who is renowned for his
architectural accomplishments, Pallava power reached its peak. He constructed
numerous temples, and art and literature flourished during his rule. In his court lived
r
Dandin, a great Sanskrit scholar. After his death, however, the Pallava Empire began to
ve
decline, and they were gradually reduced to a mere local tribal force. At the end of the
9th century A.D., the Cholas defeated the Pallava king Aparajita and took possession of
his empire.

Several dynasties have risen and fallen in India’s ancient history, leaving legacies
ni

that can still be heard in the golden book of Indian history. The rise of empires such as
the Palas, Senas, Pratiharas, and Rashtrakutas, among others, began with the end of
the 9th century A.D. The mediaeval history of India began with the rise of empires such
U

as the Palas, Senas, Pratiharas, and Rashtrakutas, among others.

Three Theories of Origin of State in Ancient India


ity

The three theories of origin of state in ancient India are:

1. Social Contract Theory

2. Divine Origin Theory


m

3. Organic Theory. The state and governance are two of the most important
subjects in political science. The origins, existence, priorities, and functions of the
institution of state in ancient India are studied. The beginning of civilization was said to
be the beginning of state creation.
)A

The state was considered important in ancient India because it ensured harmony,
order, and happiness. It was a political and social body. However, when it came to the
origins of the state, ancient scholars were not unanimous in their decision. Some claim
that the state is the product of a purely political contract between the rulers and the
(c

ruled.

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Constitutional History of India 19

They claim that there was a golden age prior to the creation of the state, during
Notes

e
which citizens lived in harmony, order, self-discipline, and happiness. Similarly, several
theories advanced the origin of the state, including force theory, patriarchal theory,
matriarchal theory, divine origin theory, and finally evolutionary theory.

in
Second, ancient Indian thinkers suggested the Saptanga theory, which describes
the state’s forms and functions. The state’s primary concern was the propagation of

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the Dharma. Finally, a majority of ancient Indian thinkers treated monarchy as the ideal
form of government.

Since ancient times, the origin of state has been a contentious topic. Aitreya

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Brahmana, one of the Vedic textbooks, provided the earliest record of the origins
of state and kingship. The work is a depiction of a legend that describes the battle
between Gods and Demons, as well as the latter’s defeat.

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According to the book, this failure prompted the Gods to unite and name Soma as
their King, who was to serve human needs and defend the country from military attacks.
The state gradually developed after the kingship was created. The origins of state are
mainly defined by three theories: Social Contract Theory, Divine Origin Theory, and

si
Organic Theory.

1. Social Contract Theory:


r
One of the most famous theories of the origin of state is the social contract theory,
ve
which holds that state is the product of a contract between the king and his subjects
or members. The king was expected to protect the state and its subjects from external
aggression while also restoring order and security within the country. The earliest Vedic
works, on the other hand, never mentioned that the state was the result of a contract.
ni

They explained, however, that the king was chosen to lead a victorious war against the
demons.
U

2. Divine Origin Theory:


In the ancient Indian polity, this theory of kingship and state origin was not
generally known. According to this theory, the king was a subordinate to the statute,
which was formed by society rather than him. The society was regarded as more
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important than the king. The king was not allowed to act arbitrarily and was expected to
treat his subjects as if they were his children, treating them with affection and kindness.

Certain ancient scriptures, such as the Manusamhita, clarify that the divine is the
basis of state. “the Lord created the king for the protection of his whole creation…even
m

an infant king must not be despised (from an idea) that he is only a mortal, because
he is a great deity in human form” says one segment from the Manusamhita. The
Manusamhita also stated that “when the world was not without a king and dispersed in
)A

fear in all directions, the lord created a king for the protection of all. And because, he’s
formed of fragments of all those gods, the king surpasses all other beings in splendor.”

The Ramayana, India’s great epic, also claimed explicitly that the king was divine.
Men asked Brahma (the Creator) to provide them with a ruler, and after all of the Gods
(c

spared a portion of their power, a being in the human form emerged and was made the
king.

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20 Constitutional History of India

An alternative great classic, the Mahabharata, illustrates that a king is a individual


Notes

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gifted with superior talent and stature who has come down from heaven to be earth’s
king. Puranas, on the other hand, identify the king’s and state’s divine origins. According

in
to the Agni Purana, the kings were manifestations or forms of Lord Vishnu (the god
who sustains the earth). It’s also worth noting that some kings were given titles like
Chakravarthi—universal emperor, while others were given titles like Devanam Priya,
beloved of Gods, by Mauryan emperors.

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3. Organic Theory:

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This theory holds that the state is analogous to an organism, with each organ
performing a particular function. The theory holds that the safe functioning of the
whole organism is dependent on the health and efficiency of each part of the body or
organism.

ty
The king or sovereign, the minister, the land and people, the fortified city or capital,
the treasury, the army, friends and allies are the seven parts of the body, or state. The
king is the most important of all the seven elements or pieces.

si
The king was the root, and the subjects were the trees, according to the Matsya
Purana. Sukra Neetisaara, on the other hand, compares the condition to that of a
human body. The king is the head, the ministers the eyes, the treasurer the mouth, the
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army the heart, the fort the hands, and the territory the feet, according to Sukracharya.
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The Mahabharata also supports this idea, claiming that each feature or limb is vital to
the state’s proper functioning.

Emergence of Sixteen Great States (During Ancient India)


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The sixth century B.C. is significant in ancient Indian history because it saw the rise
of sixteen great states (Mahajanapadas) in India’s political landscape.

These states were:


U

(1) Kasi
(2) Kosala
(3) Anga
ity

(4) Magadha
(5) Vajji
(6) Malla
m

(7) Chadi
(8) Vatsa
)A

(9) Kuru
(10) Panchala
(11) Matsya
(12) Surasena
(c

(13) Assaka

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Constitutional History of India 21

(14) Avanti
Notes

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(15) Gandhara and
(16) Kamboja.

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The republics known as Ganas or Sanghas were Vajji and Malla, while the
monarchical states were the remaining fourteen. The monarchical states were
mostly concentrated in the Gangetic plain, while the republican states were mostly

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concentrated in the foothills of northwestern India’s Himalayan foothills.

The Mahajanapadas. (The Monarchical States)

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1. Kasi (Varanasi):
Kasi’s kingdom was arguably the most powerful of the nations. Varanasi was the

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name of the capital, which was derived from the names of two rivers, the Varuna and
the Asi. The excavations at Rajghat have shown that the earliest settlements began
around 700 B.C. Kasi was bordered by mud walls in the sixth century B.C. In the area,
Kasi was one of the most influential states.

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King Asvasena was the first ruler of Kasi. He was the founder of twenty-third jaina
tirthankar Parsva. Kasi had achieved the height of celebrity during Brahmadatta’s reign.

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King Dighiti of Kosala was defeated by him. Kasi and Kosala became involved in an
intramural feud. Kasi finally fell under the Suzerainty of Kosala during Kamsa’s rule.
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2. Kosala (Oudh):
Kosala was the name given to the region of eastern Uttar Pradesh. Its capital
was Sravasti, which is similar to Sahet-Mahet on the border of Uttar Pradesh’s Gonda
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and Bahraich districts. Ayodhya, which is associated with the Ramayana story, was a
significant city in Kosala. The kingdom was split into two parts by the Sarayu River:
Uttara Kosala and Dakhin Kosala. The capitals of Uttara Kosala and Dakshin Kosala,
U

respectively, were Sravasti and Kusavati.

The influential ruler of Kosala, Mahakosala of the Ikshvaku dynasty, ascended


the throne in the early sixth century B.C. On the occasion of his daughter Kosaladevi’s
ity

marriage to Bimbisara, the king of Magadha, he gave her the annexed kingdom of Kasi
as dowry. Mahakosala’s son Prasenjit, who was a close associate of Lord Buddha,
succeeded him. He was identified in Buddhist texts as Kosala’s most powerful ruler. He
engaged Ajatasatru of Magadha in a battle. He fell victim to a palace plot orchestrated
by his son Vidudobha, who deposed him and ascended to the throne of Kosala. It was
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later conquered by Magadha.

3. Anga (East Bihar):


)A

The present districts of Monghyr and Bhagalpur were once part of the kingdom of
Anga. Champa acted as the capital. On the confluence of the Ganga and the Champa
rivers, Champa was created. Champa is identified as a popular trading center of
ancient India in the Buddhist text Diggha Nikaya. It is known from jaina texts that at the
(c

beginning of the sixth century B.C.

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22 Constitutional History of India

Dadhivamana was the ruler of Champa, and his daughter Chandrabala was the
Notes

e
first woman to convert to Jainism. Anga is well-known for its trade and industry. The
bitter feud between Anga and Magadha was most likely caused by the maritime trade.
Finally, King Bimbisara of Magadha defeated King Brahmadatta of Anga. Magadha

in
captured Anga and annexed it.

4. Magadha (South Bihar):

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Magadha is made up of the current districts of Patna, Gaya, and Shahabad.
Girivraja or Rajagriha was its capital. Bimbisara of Haryanaka, a dynasty that ruled over
Magadha in the 6th century B.C., was mentioned in Buddhist texts. Magadha grew to

O
prominence under his leadership.

His son Ajatasatru took over as his successor. Vaisali had been defeated by
Ajatasatru. Magadha had reached its peak under Ajatasatru’s reign. His son Udayi, who

ty
had founded Pataliputra as the new capital of the Magadh kingdom, succeeded him.
With the passing of time, Magadha annexed all of Northern India’s states, establishing
itself as the most powerful state and reaching the peak of celebrity.

si
5. Chedi (Bundelakhand and Adjacent Territories):
The chedi kingdom was associated with modern-day Bundelkhand and neighboring
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territories between the rivers Yamuna and Narmada, with Suktimati as its capital.
Mahasamanta was the first king of chedi, according to the ‘Chetiya jataka.’ Sisupala
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Sunith and his two sons Dhritaketu and Sarava, who ruled over Chedi, are listed in the
Mahabharata.

6. Vansa or Vatsa (Allahabad and Adjoining Territories):


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Vatsa was synonymous with modern-day Allahabad and its environs. Avanti was
located to the north east of it. Its capital was Kausambi, which is now known as Kosan
and is located on the banks of the Yamuna River. The Vatsa were a Kuru clan that had
U

migrated from Hastinapur to Kausambi. Vatsa’s rulers claimed to be descended from


King Bharata of the past. Udayan ruled the Vatsa kingdom in the sixth century B.C. He
was a dictator with a lot of ambition. He increased his power by forming matrimonial
ity

alliances with King Ajatasatru of Magadha and King Chandra Pradyota of Avanti. King
Udayana lived at the same time as Buddha. He had adopted Buddhism and made it the
official religion of the country.

7. Kuru (Delhi, Meerut, Thaneswar Districts):


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Kuru was made up of the states of Delhi, Meerut, and Thaneswar. Its capital was
Indraprastha. King Ishukara is illuminated by the Jaina Uttaradhyayan Sutra. Kurus had
made matrimonial alliances with the Yadavak Bhoja and the Panchalas. However, by
)A

the sixth century B.C., the Kurus had lost their political clout, which they had acquired
during the later Vedic period.

8. Panchala (Bareilly and Farrukhabad Districts):


(c

Panchala approximately corresponds to the present Uttar Pradesh districts of


Bareilly and Farrukhabad. The Ganga divided the Panchala kingdom into two parts:

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Constitutional History of India 23

Northern Panchala, with its capital at Ahicchatra, and Southern Panchala, with its
Notes

e
capital at Kampilya. Kuru invaded Northern Panchala, and Hastinapura became its
capital. The Panchalas, like the Karus, lost their political significance in the sixth
century B.C.

in
9. Matsya (Jaipur-Rajasthan):

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The Matsya kingdom comprised modern-day Jaipur, Alwar, and Bharatpur. It
was located to the west of the Yamuna River and to the south of the Kurus Kingdom.
Viratanagar was the capital. During the time of Gautama Buddha, Matsya had lost its
political significance.

O
10. Surasena-(Mathura):
Surasena was a kingdom on the banks of the Yamuna River. The capital was

ty
Mathura. Avantiputra, the country’s king, was a Buddhist. Buddhism flourished in
Mathura as a result of his patronage. Surasena, with its Yadava king, had a crucial role
in the sixth century B.C.

si
11. Assaka (on the Godavari-Southern India):
On the banks of the Godavari River Southern India’s only kingdom was Assaka.
r
It was situated b between Avanti and Mathura. Potali or Potana was the capital.
Assaka was a major city in the sixth century B.C. According to Vayupurana, the Assaka
ve
Kingdom was ruled by the Iskhaku dynasty. King Avun of Assaka defeated Kalinga,
according to the Buddhist text “Chulakalinagh Jataka”.

12. Avanti (Malwa):


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In the sixth century B.C., Avanti was a prosperous empire. It is the same as
modern Malwa. The river Betravati divided it into two parts, Northern Avanti and
Southern Avanti. The northern Avanti capital was Mahismati, while the southern Avanti
U

capital was Ujjain.

Avanti was ruled by King Chanda Pradyota in the sixth century B.C. He existed
at the same time as Gautama Buddha. The Buddhist texts portrayed him as a fierce,
ity

warlike and ambitious king. He invaded the neighbouring states because he was an
ambitious monarch. His first victim was the state of Vatsa. However, he was defeated
by King Udayana of Vatsa, and he married his daughter to Udayana. Pradyotya also
formed a matrimonial alliance with Surasena’s state. He expanded his royal patronage
m

to Buddhism as a contemporary of Buddha. Avanti developed into a major Buddhist


center. Avanti, on the other side, was defeated by Magadha.

13. Gandhara (Peshwar and Rawalpindi Districts in Pakistan):


)A

The kingdom of Gandhara comprised modern-day Peshwar, Rawalpindi, and


a portion of Kashmir. Taksasila was the capital. In ancient India, it was a great center
of learning. Nagnajit, the ruler of Gandhar, was a Jain devotee. Pukkusati ruled over
Gandhara in the sixth century B.C. He defeated Chanda Pradyota, Avanti’s influential
(c

ruler. The Persians finally captured Gandhara.

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24 Constitutional History of India

14. Kamboja-(South West Kashmir):


Notes

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Kamboja was located in India’s far northwestern corner. Dwaraka was its capital.
Another important town in Kamboja was Rajpura. Rajpura is mentioned in the

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Mahabharata.

15. Vajji (North Bihar):

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North Bihar was known as Vajji’s state. The Videhas, the Lichhavis, the Jnatrikas,
the Vajvis, the Ugra, the Boga, the Kauravas, and the Aikshaka formed a confederation
of eight classes. The capital of the Vajjan confederation was Vaisali. The Vajjian republic

O
had achieved the peak of its strength in the sixth century B.C. By marrying a Vaisali
princess named Chellana, King Bimbisara of Magadha formed a matrimonial alliance
with Vajji.

Ajatasatru built a strong fort on the confluence of Ganga and Son near Pataligrama

ty
to defend himself from Vajjian attack, which later became known as Pataliputra. The
republic of Vajji, however, became vulnerable as a result of internal strife and feuds,
and fell victim to Magadhan imperialism. It had been annexed to the Magadhan Empire

si
by Ajatasatru.

16. Malla (Gorakhpur district):


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It is affiliated with the new Uttar Pradesh district of Gorakhpur. The river ‘Kuka
ve
divided it into two parts, one with its capital at Kusinara and the other with its capital at
Pawa. Both of these locations were connected to Buddha’s life. He became ill after his
last meal in Pawa and died in Kusinara. At Pawa, Mahavira Jaina also passed away.
Malla was annexed by Magadha after Buddha’s death.
ni

From the sixth century B.C. onwards, India’s political history is basically a history of
power struggles between these states. The kingdom of Magadha emerged as the most
powerful state in this struggle for dominance, and it was able to create an empire.
U

1.1.4 King and Legal Procedure


According to Brihaspati Smiriti, in Ancient India, there was a hierarchy of courts,
ity

starting with the family courts and ending with the King. The family arbitrator was at the
bottom of the list. The judge’s court was the next higher court, followed by the Chief
Justice, who was known as Praadivivaka or adhyaksha, and finally the King’s court.

The importance of the dispute dictated which court had jurisdiction, with minor
m

disputes being decided by the lowest court and major disputes being decided by the
king. Every higher court’s decision took precedence over the lower court’s.9

It’s worth noting that the Indian judiciary today is structured on a similar principle,
)A

with village courts, Munsifs, Civil Judges, District Judges, the High Court, and finally the
Supreme Court, which takes the place of the King’s Court. Without realising it, we are
upholding an ancient tradition.

It’s worth remembering that family judges exist. The joint family, which could span
(c

four generations, was the social unit. As a consequence, the number of members of
a joint family at any given time may be very high, necessitating the use of firmness

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Constitutional History of India 25

combined with sympathy and tact in resolving their disagreements. It was therefore
Notes

e
beneficial for conflicts to be settled by a family arbitrator in the first place. Family
Courts in modern Japan are similar to those in the United States. The importance of
family courts derives from the fact that the legal system owes its existence to the social

in
system, which explains its effectiveness.

The sovereign was the root of all justice. One of the key characteristics of

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supremacy in Indian law was the right to administer justice and enforce punishment.
Being the source of justice, the king was originally required to administer justice in
person, but strictly according to the law, and under the supervision of judges who were
well-versed in the law.

O
The king was subjected to a very strict code of judicial behaviour. He was forced
to make decisions in open court and in the courtroom, and his attire and attitude
were to be such that the litigants did not feel threatened. He had to swear an oath of

ty
impartiality and determine cases without bias or prejudice. The king was supposed to
enter the courtroom modestly attired, take his seat facing east, and listen to his litigants’
cases with an attentive mind. His Chief Justice (Praadvivaka), judges, ministers, and

si
Brahmana members of his council should all advise him.

These clauses are extremely relevant. To avoid coercion of the litigants, the king
was expected to dress modestly (vineeta-vesha). When acting as a judge, the king was
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bound by a strict code of conduct that required him to be free of any “attachment or
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prejudice.”

The judges and advisors who advised the king during a case trial had to be
independent and fearless in order to prevent him from making any errors or injustices.
The judge who is directing the king must give his opinion, which he thinks is legal; if the
ni

king does not listen, the judge has done his job. When a judge notices that the king has
strayed from equity and justice, his duty is not to satisfy him; this is not the time for soft
speech; if the judge fails to do so, he is guilty.
U

As society evolved, the king’s duties increased in number, and he found himself
with less and less time to hear cases in person, causing him to delegate more and more
of his judicial roles to competent judges. If the king is unable to hear suits in person due
ity

to work demands, he should nominate a Brahmin versed in the Vedas as a judge.

The criteria for a judge were highly strict. “A judge should be austere and
restrained, impartial in temperament, steadfast, God-fearing, assiduous in his duties,
free from anger, leading a righteous life, and of good family”, according to Katyayana.
m

Over time, a judicial hierarchy was formed that deprived the king of most of his
judicial duties while leaving his powers as the highest court of appeal intact. As
previously mentioned, the Maurya Empire had a routine judicial service.
)A

The question of the accused’s innocence or guilt tends to be determined by the


judge or jury in criminal courts, but the quantum of punishment appears to be left to
the Sovereign. The concepts of interpretation have been mastered to a high degree.
Judges were expected to rule on criminal and civil cases in compliance with the
(c

constitution. This entailed interpreting the law’s written text, which presented various
challenges such as elucidating ambiguous terms and phrases in the text, reconciling

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26 Constitutional History of India

contradictory clauses within the same law, resolving contradictions between the letter
Notes

e
of the law and concepts of equality, justice, and good faith, and modifying tradition and
smritis, among others. This area of law had progressed to the point that a collection of
standards had been developed to direct the courts. The dispute between the dharm-

in
shastra and the artha-shastra was one of the most significant.

The court accepted three systems of substantive law: the dharma-shastra, the arth-

nl
shastra, and tradition, known as sadachara or charitra. The first consisted of legislation
that were eventually sanctioned by the smritis, and the second consisted of government
values. The line dividing the two was often crossed. However, the real difference
between the smritis and the arth-shastra is always secular, while the dharma-shastra

O
is not. In reality, the artha-shastra is so secular in its approach to government problems
that some writers have suggested the hypothesis that the artha-shastra (literally, the
science of ‘artha,’ or the pursuit of material welfare) did not derive from the dharma-

ty
shastra, but rather had an independent root and evolved alongside it.

Since custom plays such an important role in society, the state was required to
keep an authenticated record of the customs observed in different parts of the world.

si
Also, a long-standing tradition could be officially “disestablished” if it became inequitable
over time. In fact, it was the Sovereign’s obligation to prune the dead or rotten branches
of tradition from time to time. This remarkable provision shows how advanced ancient

r
India’s judicial and legal systems were. The state was expected to keep a verifiable
record of all valid customs in the various regions of the realm.
ve
The rule of evidence (the mode of proof) is a barometer of a judicial system’s
quality. The Indian judicial system was well ahead of any other ancient system in this
regard. Evidence by supernatural devices, such as trial by ordeal, was very popular
ni

in ancient societies. It ruled England until the very end of the Middle Ages. However,
if oral or documentary evidence was available, our judicial system forbade the use of
supernatural devices.
U

The Kantakasodhana Courts, or Separate Courts with Criminal Jurisdiction, were


an important part of ancient India’s legal system. These courts, according to the artha-
shastra, took cognizance of not only crimes against the states, but also violations of the
law committed by officials while performing their official duties. The Kantakasodhana
ity

courts acted to prosecute the culprits if merchants used false weights, sold adulterated
products, or charged exorbitant rates, or if factory workers were paid less than a fair
wage or did not do their jobs properly. Officers convicted of wrongdoing, as well as
those accused of fraud, dacoity, and sex crimes, were also forced to appear in the
m

same case. The fourth section of the Artha-shastra addresses the presence of an
administrative code.

In ancient India, the state had a large public sector occupied in trade and industry.
)A

To our forefathers, the new capitalist idea that there should be no state-run enterprises
must have seemed idotic. There was a state merchant marine, a state textiles industry,
a state mining commerce, and a state trading division under the Mauryan Empire, all
of which were overseen by a navadhyaksha or Superintendent-General of Shipping.
Sootradhyaksha (Textiles), akaradhyaksha (mining), and trade are all examples
(c

of Sootradhyaksha. Each state industry was regulated by its own set of laws, which

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Constitutional History of India 27

were amassed and categorized in the artha-shastra, which can be observed as an


Notes

e
administrative code. I’ll give a couple of examples.

The artha-shastra is a detailed administrative code that defines maritime and

in
riparian navigation laws. It required that the state designate a Superintendent-General
of Navigation, whose roles are listed below: “The Superintendent of ships shall examine
the accounts relating to navigation not only on the oceans and mouths of the rivers,

nl
but also on lakes, natural or artificial, and in the vicinity of Sthaniya and other fortified
cities.”

The artha-shastra also includes regulations suggesting that the state mercantile

O
marine operated on the high seas and that the state mercantile marine established that
“passengers arriving in port on the royal ships shall pay their passage money (yatra-
vetanam).” The Superintendent-General was expected to set the rates. In addition, the
presence of this code confirms without a shadow of a doubt that the Indian people were

ty
a seafaring people with wide-ranging trading links to other countries.

Similarly, there was a public and private sector in the production of textiles
and cotton yarn, which was a major industry exporting textiles to other countries.

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A Superintendent-General of Textiles was in charge of the public sector
(Sootradhyaksha). He was in charge of a huge company. The artha-shastra outlined the
roles of the Sootradhyaksha and his subordinates. One of his obligations was to provide
r
work for women in their own homes. Cotton was allocated among them, spun into tread,
ve
and delivered either by the department or by the women themselves. The artha-shastra,
on the other hand, includes strict prohibitions on taking advantages with such women
or denying their salaries. It claimed that: “If the official of the Superintendent stares at
the face of such woman or tries to engage her in conversation about matters other than
ni

her work (in other words, makes what an American would call a pass at her) he will be
punished as if he is guilty of a first assault.” The failure to pay salaries on time is also
punishable. Another law made it illegal to demonstrate any undue favour to a female
employee. It supplemented; “If an official pays wages to a woman for no work done, he
U

will be punished.”

Collection of Taxes and Import Duties


ity

There was a code that defined the procedures for raising taxes and customs
duties. The Superintendent General of Taxes was in charge of this creation
(Shulkadhyaksh). Merchants were expected to report their goods at customs, which had
to be sealed when imported. Giving a false statement bears a hefty price tag. One rule
instructed: “If the merchandise bears no seal, their duty shall be doubled”. In the case
m

of a counterfeit seal, however, the merchant was subject to a penalty of eight times the
regular obligation. If the merchant’s seal was torn, he might be arrested in a lock-up for
loiterers.
)A

In the 4th Section of the artha-shastra, the Administrative Code includes specific
rules for the management of the state’s other agencies. Commissioners (Pradeshtarah)
who acted as Kantak Shodhana courts implemented these laws rather than ordinary
courts.
(c

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28 Constitutional History of India

Check your Understanding


Notes

e
Multiple Choice Questions:

1. Which was the main tax in the post-Vedic period as it evolved out of bali?

in
(a) Land revenue
(b) Irrigation tax

nl
(c) Poll tax
(d) Toll charges

O
2. Which of the following tax was levied on individuals?
(a) Land revenue
(b) Irrigation tax

ty
(c) Poll tax
(d) Toll charges

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Fill in the Blanks:
3. During Vedic period, the taxes were called ______.
State True or False:
r
ve
4. The king is the highest venue of legal procedure.
Give one word:

5. A form of government in which a person, the monarch, is head of state for life or until
ni

abdication.

Summary
In ancient India, monarchy meant that a King ruled over a region and acted as its
U

protector, a position that included both secular and religious control. Legends about the
coronation of one god as king of all others are used in Vedic ideas about the creation of
the office of king.
ity

Prior to the Vedas, a military fraternity that regulated the local population was
founded. As they assimilated into the local population, political power in the society
changed from an inter-clan system in which different clans shared duties to a more
Vedic-style system in which one king ruled over and provided for his subjects.
m

The divinity of the king had become well known by the time the Mnava Dharmastra
was written. The king is said to be made of divine particles from many gods, including
Yama, Indra, Varua, and Kubera, in Manu 7.4. The Dharmastras and Dharmastras
)A

accept that it is the king’s unique obligation to protect, punish, and maintain dharma for
his people.

A katriya who has obtained vedic initiation is qualified to become a king, according
to Manu 7.2. Any twice-born person is prohibited from living in a country ruled by an
(c

udra (4.61); similarly, Brahmins are prohibited from receiving gifts from any king who is
not of proper royal lineage (4.84).

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Constitutional History of India 29

In the Dharma literature, the foundation of the king’s authority is a point of


Notes

e
contention. Some dharma writers make it seem as though the king’s control is solely
dependent on his obedience to and protection of the dharma. Manu and Yjavalkya,
following the Arthastra tradition, describe rjadharma (law of or for the king) in great

in
detail, including how the king is to set up his government and administer his kingdom.

The king must be unbiased in his decisions, according to all Dharma texts. Manu

nl
claims that a king who is partial and unfair in his punishment will be punished himself
(7.27), and that punishing anyone who does not deserve to be punished will condemn
the king to hell (8.128).

O
After the theory of the king’s absolute ownership of lands, the right of the king to
tax was the logical next step. The king was identified by Manu as the absolute lord of
the land, and as such, he was entitled to a share of the land’s produce.

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The king was constrained in his ability to tax. He wanted to know when to tax and
when not to tax because some periods were better than others. The amount of tax
imposed on a person was to be calculated by the person’s existence. They were to be
heavily taxed if they had become wealthy by wrongdoing, those who were affluent were

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to be taxed steadily, and those who could not pay should never be taxed.

Vātsyāyana, a 4th century Hindu scholar, explained dharma by contrasting it with


r
adharma, according to Klaus Klostermaier. Dharma, according to Vātsyāyana, can be
found not only in one’s actions, but also in one’s words, writings, and thoughts. Dharma
ve
is real in Patanjali’s Yoga Sutras, but it is imaginary in Vedanta. According to Hindu
dharma scriptures, dharma is dependent on poverty and prosperity in a society for
individual and societal well-being.
ni

India’s ancient legal and religious texts include the definition of dharma as
obligation or propriety. Pitri Dharma (meaning a person’s duty as a father), Putra
Dharma (meaning a person’s duty as a son), Raj Dharma (meaning a person’s duty
as a king), and so on are examples of such use. In Hindu philosophy, living according
U

to dharma is important for justice, social peace, and happiness. These guidelines and
rules are recorded in the Dharmashastra.

Dharma refers to cosmic law and order in Buddhism, but it also refers to the
ity

Buddha’s teachings. Dhamma/dharma is also the word for “phenomena” in Buddhist


philosophy.

The word Dharma appears in all of Jainism’s main texts. It refers to a variety of
concepts and has a contextual meaning. In the broadest sense, it refers to the Jinas’
m

or any opposing spiritual school’s teachings, a supreme direction, socio-religious


obligation, and the highest mangala (holy).

India’s history and culture are rich and varied, stretching back to the dawn of
)A

human civilization. It all starts with a mysterious community that grew along the
Indus River and in farming communities in India’s southern states. The continuous
convergence of migrant people with the diverse cultures that surround India is a
characteristic of India’s history.
(c

The Indus Valley Civilization was mainly an urban civilization, with inhabitants
living in well-planned and well-built towns that often acted as trade hubs. The ruins of

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30 Constitutional History of India

Mohenjodaro and Harappa reveal magnificent merchant cities that were well-planned,
Notes

e
scientifically laid out, and well-maintained. They had a well-developed drainage system
and large roads.

in
The Vedic civilization is the oldest civilization in ancient India’s history. It is named
after the Vedas, the Hindu people’s early literature. The Vedic Civilisation thrived
along the Saraswati River, which flows through the current Indian states of Haryana

nl
and Punjab. Hinduism is another term for religious and philosophical thinking that has
developed from the Vedas, and Vedic is synonymous with Hinduism.

In the 7th and early 6th centuries BC, sixteen great powers (Mahajanpadas)

O
existed during Lord Gautam Buddha’s lifetime.

The Mauryan Empire (322 BC-185 BC) marked a watershed moment in Indian
history. It is said to have been a time when chronology became more accurate. It was

ty
a time when India achieved new heights in politics, literature, trade, and commerce. It
was a time of unification for the lands that had traditionally been divided into kingdoms.
Furthermore, during this period, India developed successful contact with the outside
world.

si
The Guptas were the most powerful dynasty after the Kushanas. The Gupta era
has been referred to as India’s “Golden Age.” Ghatotkacha’s son Chandragupta I was
r
the first famous king of the Gupta dynasty.
ve
On the death of his brother, Rajyavardhana, Harshavardhana (606-647 A.D.)
ascended the throne of Thaneshwar and Kannauj at the start of the 7th century.
Harshavardhana had founded his kingdom in northern India by 612.

Between the 6th and 8th centuries A.D., the Chalukyas were a dominant force in
ni

southern India. Pulakesin I, the first great ruler of this dynasty, ascended the throne in
540 A.D. and founded a mighty empire.

The three philosophies of the derivation of state in ancient India are listed below: 1.
U

Social Contract Theory 2. Divine Origin Theory 3. Organic Theory.

According to Brihaspati Smiriti, in Ancient India, there was a hierarchy of courts,


starting with the family courts and ending with the King. The family arbitrator was at the
ity

bottom of the list. The judge’s court was the next higher court, followed by the Chief
Justice, who was known as Praadivivaka or adhyaksha, and finally the King’s court.

Activity
m

Browse the various websites for Vedic Period, and make an analysis how people
at that time used to make their livelihood. Make a comparison as of today, and write a
summary on this inference.
)A

Questions and Exercises


1. What were the various types of taxes during Vedic period?
2. Describe the Idea of Dharma.
(c

3. What were the three theories of origin of state in ancient India?


4. Write about Buddhism.

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Constitutional History of India 31

5. Write short note on Gupta dynasty.


Notes

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Glossary

in
●● Buddhism encompasses a variety of traditions, beliefs and spiritual practices
largely based on original teachings attributed to the Buddha and resulting
interpreted philosophies.

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Further Reading and Bibliography
1. www.newworldencyclopedia.org

O
2. www.timemaps.com

Check your Understanding – Answers


1. (a)

ty
2. (c)
3. Bali

si
4. True
5. Monarchy

r
ve
ni
U
ity
m
)A
(c

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32 Constitutional History of India

Chapter-1.2: Panchayati Raj Institutions Sabha and


Notes

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Samiti

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Objective
●● Concept of Gram Sabha and Samiti

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●● Features of Gram Sabha and Samiti
●● Structure of Gram Sabha and Samiti

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●● Difference between Gram Sabha and Samiti

Introduction
Panchayati Raj is a three-tiered Indian administrative system for rural development.

ty
The Panchayati Raj is a form of local self-government in India that aims to establish
local self-government in districts, zones, and villages.

si
The Panchayat raj (panchayat “village council”, raj “rule”) is a political structure,
starting from the Indian subcontinent, generally found in India, Pakistan, Bangla-
desh, Sri Lanka, and Nepal.
r
In India, the Panchayati Raj system is not strictly a post-independence
ve
phenomenon. For decades, the village panchayat has been the dominant political
entity in rural India. Panchayats were historically elected councils with executive and
judicial powers in ancient India. The importance of village panchayats had been eroded
by foreign dominance, especially Mughal and British, as well as natural and forced
ni

socio-economic changes. However, prior to independence, the panchayats acted as


instruments for the upper castes’ supremacy over the rest of the village, furthering the
division based on socioeconomic status or caste hierarchy.
U

The Panchayati Raj System, on the other hand, received a boost after
independence and the drafting of the Constitution. Article 40 of the Indian Constitution
states: “The state shall take steps to organize village panchayats and endow them with
such powers and authority as may be necessary to enable them to function as units of
ity

self-government”.

The Indian government set up a number of committees to look at the introduction of


self-government in rural areas and make suggestions on how to get there.
m

The 73rd Amendment envisions the Gram Sabha as the backbone of the
Panchayat Raj System, with the State Legislatures entrusting it with roles and powers.
The Panchayati Raj system’s primary body is the Gram Sabha. It is a village assembly
)A

made up of all the registered voters in the panchayat’s district. The state legislature will
decide what authority it will have and what tasks it will perform.

1.2.1 Concept of Gram Sabha and Samiti


The Panchayati Raj and village development are based on the Gram Sabha. The
(c

Gram Sabha is a forum where people can discuss local governance and development,
as well as make plans for the village based on their needs. The Gram Sabha’s overall

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Constitutional History of India 33

mandate, oversight, and monitoring are used to enforce development programmes by


Notes

e
the Panchayat.. All Panchayat decisions must go through the Gram Sabha, and no
decision is official or binding unless the Gram Sabha agrees.

in
What is Gram Sabha
●● The word Gram Sabha under Article 245(b) is described in the Constitution of

nl
India.
●● Gram Sabha is the main frame of the Panchayati Raj structure and the largest by
far.

O
●● It is a constant body.
●● Gram Sabha is the Sabha of the community. All other institutions of the Panchayati
Raj like the Gram Panchayat, Block Panchayat and Zilla Parishad are established

ty
by elected representatives.
●● The verdicts made by the Gram Sabha may not be void by any other body. The
authority to rescind a verdict of the Gram Sabha remains with the Gram Sabha

si
only.

Who are the members of Gram Sabha


●● Individuals, that are over 18 years of old r
ve
●● Live in the village permenatly
●● Whose names are entered in the electoral polls for the Panchayat at the village
stage
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Scheduled meetings of the Gram Sabha


●● As established in the State Panchayat Raj Acts, the Gram Sabha needs to meet a
minimum of twice to four times in one year.
U

●● For people’s ease, in a maority of the States, four national-international days have
been recognized as indicated dates for these meetings. They are
◌◌ Republic Day (26th January)
ity

◌◌ Labour day (1st May)


◌◌ Independence Day (15th August)
◌◌ Gandhi Jayanti (2nd October)
m

●● Gram Panchayats are also free to summon Gram Sabha on other days based to
their convenience.

Venue, Time and Place of Gram Sabha


)A

●● Gram Sabha should be held under the auspices of GP in a venue that is


convenient for all members to sit.
●● Gram Sabha may be held on a rotating basis in all of the villages under a GP if
there are several villages under the same GP..
(c

●● Gram Sabhas may be performed at any time during the day, such as after sunrise
or before sunset.

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34 Constitutional History of India

Who Organizes Gram Sabha


Notes

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●● After obtaining the Sarpanch’s approval, the Panchayat Secretary should arrange
the Gram Sabha.

in
●● The Gram Panchayat Sarpanch must call for a Gram Sabha meeting when either
10% of the Gram Sabha members or 50 Gram Sabha members (whichever is
greater) send a request for holding a Gram Sabha meeting. Those members must,

nl
however, remind the meeting’s intent.
●● A written meeting request must be sent to the Sarpanch during working hours five
days prior to the meeting date.

O
●● If the Sarpanch does not convene the gramme Sabha meeting on the asked for
date, the accosiates who asked for it can arrange it themselves.

ty
Functions and Responsibilities of Gram Sabha
The Gram Sabha, according to the Constitution, has the same powers and
performs the same functions at the village level as the State Legislature can provide

si
by statute. For example, before plans, services, and projects for social and economic
growth are picked up for execution by the Panchayat at the village level, they must
be approved by them (Panchayat at the village level is otherwise known as Gram
Panchayat). At the village level, every Panchayat is required to obtain from the Gram
r
Sabha a certification of the Panchayat’s use of funds for certain plans, programmes,
ve
and projects.

The important and basic functions of Gram Sabha are described below:
◌◌ Assist in the execution of the Panchayat’s development projects and schemes
ni

◌◌ To decide who would benefit from various services and schemes. If the Gram
Sabha fails to recognize such beneficiaries within a fair period of time, the
Gram Panchayat is responsible for doing so
U

◌◌ To elicit public support for community welfare services in the form of cash,
kind, or both, as well as volunteer labor
◌◌ To support mass education and family care services
ity

◌◌ To foster peace and harmony among the village’s different social groups
◌◌ To obtain clarification from the Mukhiya, Up-Mukhiya, and other Gram
Panchayat members about any specific operation, scheme, revenue, or
expenditure
m

◌◌ To analyses and make suggestions on the Vigilance Committee’s studies


◌◌ Other similar issues brought to the Gram Sabha’s attention
)A

◌◌ To propose levying taxes, tariffs, rentals, and fees, as well as increasing their
rates
◌◌ To consider all matters referred to it by the Gram Panchayat for decision

Role of Sarpanch in Gram Sabha:


(c

◌◌ The Sarpanch is legally obliged to conduct Gram Sabha meetings

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◌◌ It is the Sarpanch’s responsibility to hold a minimum of two Gram Sabha


Notes

e
meetings per year on the dates fixed by the government
◌◌ The Sarpanch should take steps to ensure that more people attend Gram

in
Sabha meetings
◌◌ The Sarpanch should take all necessary steps to ensure that people from all
walks of life, especially Scheduled Castes, Scheduled Tribes, and Women,

nl
participate in the Gram Sabha and express their grievances and suggestions,
which will be discussed in detail at the next meeting
◌◌ Except for the Social Audit Gram Sabha, the Sarpanch should preside over

O
the Gram Sabha meetings
◌◌ The Sarpanch should sign the register that will be used to keep track of the
minutes of the Gram Sabha meeting
◌◌ As chairperson of the Gram Sabha meeting, the Sarpanch will respond to any

ty
questions posed by the members
◌◌ The sarpanch must make certain that the recommendations made at the
Gram Sabha meeting are addressed first and foremost at Gram Panchayat

si
meetings
◌◌ The Sarpanch should take the lead in bringing the Gram Sabha resolutions
into effect
r
ve
Role of Panchayat Secretary in Gram Sabha:
At Gram Sabha, the Panchayat Secretary plays a significant role. The Panchayat
Secretary’s roles can be divided into three stages:

◌◌ Pre-Gram Sabha
ni

◌◌ During Gram Sabha, and


◌◌ Post Gram Sabha
U

Pre-Gram Sabha duties


The pre-Gram Sabha responsibilities of Panchayat Secretary are:
ity

◌◌ Finalizing the Gram Sabha agenda in consultation with the Sarpanch


◌◌ Publishing notice of the Gram Sabha meeting
◌◌ Broadly publicizing the Gram Sabha meeting information, such as the date,
time, and place
m

◌◌ Planning the Action Taken Report on the previous Gram Sabha meeting’s
resolutions
◌◌ Making notes on the agenda items that will be discussed at the current Gram
)A

Sabha conference
◌◌ Providing adequate seating, drinking water, and sanitation for those who
attend the Gram Sabha conference

Duties during Gram Sabha


(c

During the Gram Sabha, the Panchayat Secretary’s roles include:

◌◌ Keeping track of the members who attend Gram Sabha meetings


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36 Constitutional History of India

◌◌ Presenting the Action Taken Report on the previous Gram Sabha meeting’s
Notes

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resolutions
◌◌ Ensuring that the Gram Sabha meeting runs smoothly and according to the

in
agenda
◌◌ Assisting the Sarpanch in keeping track of the Gram Sabha minutes
◌◌ Keeping track of votes cast in favor and against any resolution brought before

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Gram Sabha

Post Gram Sabha duties


These include

O
●● To collaborate with the Sarpanch and ward members to address Gram Sabha
resolutions at Gram Panchayat meetings

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●● To submit a report on the Gram Sabha meeting to the relevant higher officials

Best Practices related to Gram Sabha


Gram Panchayat Pimpri Gawali: In Maharashtra, Pimpri Gavali is a model village.

si
Thanks to the successful implementation of the Maharashtra government’s Adarsh
Gaon Yojana, this village was able to achieve water protection in a short period of time.
This village is located in Maharashtra’s rain-fed zone. Gram Sabha was instrumental
r
in introducing a participatory approach to watershed development. Through a Gram
ve
Sabha resolution titled ‘Groundwater Control and Management Resolution,’ Gram
Panchayat made a historic decision to prohibit tube wells in order to discourage
groundwater exploitation. The Gram Sabha also passed resolutions prohibiting liquor,
open grazing to protect the environment, and open defecation, among other items.
ni

Gariba Gram Panchayat: Bihar’s East Champaran Gariba, located in the


Kalyanpur block of Patna district, is a Gram Panchayat dedicated to eradicating
poverty and improving the villagers’ standard of living. The Panchayat has taken the
U

lead in developing the village’s infrastructure while also involving the local population
in these activities and providing them with enough opportunities to work. The initiatives
announced at the Gram Sabha meetings were aimed at ensuring Gariba village’s
inclusive and organised development. It’s only logical that the positive results of the
ity

Gariba Panchayat’s efforts drew a growing amount of people to its Gram Sabha.

These meetings were attended by about 40% of women and more than 50% of
elected Panchayat members, as well as a number of government officials. Gariba Gram
Panchayat sees a window of potential in the village’s local manpower, a resource that
m

could be used to resolve the village’s structural needs. Following detailed discussions
in the Gram Sabha, a variety of building projects have been undertaken. A small bridge
was built as a cross-over lane, roads were built all the way to the village crossing, and
)A

brick and soil work was done all over the village, to mention a few examples of the
Panchayat’s activities.

Openness and accountability are perfect virtues of government, and they


guarantee successful administration on their own. Gariba Gram Sabha’s function and
(c

activities under the MGNREGA scheme were extensively examined and checked in the
Gram Sabha, and their proper execution was properly confirmed. Senior officials from
various departments who attended the Gram Sabha briefed the members on several

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beneficiary schemes for the 2012-13 fiscal year, such as MGNREGA, and after an in-
Notes

e
depth discussion and review of the situation, the needs and shelf of projects based on
the village’s requirements were planned out. Gariba’s Gram Sabha has put a high value
on keeping the village clean. The members of this committee urged the Gram Sabha

in
attendees to pay particular attention to cleanliness, as a lack of attention in this region
could result in a high incidence of disease and epidemics. The villagers were also told
about some basic sanitation guidelines and asked to obey them. Gariba Gram Sabha

nl
has been very involved in enrolling children in schools and in educating parents about
their children’s right to education as a birthright. Gariba Gram Panchayat is achieving
new milestones in a short period of time thanks to a committed community of leaders

O
and an equally supportive public.

How to Organise a Gram Sabha


To ensure successful Gram Sabha participation, all members should be formally

ty
and compulsorily told in a timely manner. However, we have learned from past
experiences that mere formal notification does not guarantee people’s participation.
Their involvement is dependent on the Sarpanch/ability President’s to lead, as well as

si
his or her working style and interpersonal ties. There is no reason why people would
not participate in the Gram Sabha if the Sarpanch/President is friendly, knows how to
communicate with officials and people, and tends to be participative and open in her/his
dealings. r
ve
Formal Notification
●● It is critical to give notice in compliance with state regulations prior to holding
the Gram Sabha. It is important to ensure widespread coverage. Drums can be
ni

pounded and notices pasted at the Panchayat Bhavan, schools, and the local
market place to publicize the Gram Sabha’s note.
●● At least a week before the scheduled date, all voters must obtain a Gram Sabha
U

note.
●● The date, time, place, and agenda of the Gram Sabha should all be included in the
notice
ity

●● The Gram Sabha agenda should be written in plain and simple language so that
everyone can understand it

Ensuring Participation of people from all sections


m

When designing village development plans, particular attention should be paid to


the upliftment of people from Scheduled Castes, Scheduled Tribes, Backward Classes,
and other oppressed groups. We must ensure that they participate more actively
in gramme Sabha meetings and that they have the opportunity to openly share their
)A

needs and grievances.

Information about the conduct of gramme Sabha should be widely disseminated in


areas populated by Scheduled Castes, Scheduled Tribes, and other Weaker Sections
in order to ensure their better participation. If their complaints are addressed before the
(c

next Gram Sabha meeting, their confidence in the Gram Sabha will rise, and they will
be more motivated to attend Gram Sabha meetings on a regular basis.

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38 Constitutional History of India

Participation of women in Gram Sabha


Notes

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Women’s participation in Gram Sabha is usually tiny, and even when they do turn
up, they find it difficult to express themselves and bring up issues that concern women

in
due to the lack of conducive conditions. Despite the fact that women’s self-help groups
in our state have developed village-level groups and are engaging on issues such as
savings and loans, they remain reluctant to openly participate in Gram Sabha.

nl
In these circumstances, the Gram Panchayat should take the lead and actively
encourage women’s involvement in the Gram Sabha through Women Self-Help Groups
and Village Organizations. This can be achieved with the aid of members of the

O
Women’s Ward and other members.

Women oriented problems should be deliberated and strides should be made to


solve them. In the state of Maharashtra, separate Women Gram Sabha meetings are

ty
held prior to Gram Sabha meetings to include women in the decision-making process.
This means that women’s problems are adequately addressed.

The Required Quorum for the Gram Sabha

si
A quorum for a Gram Sabha meeting is one-tenth of the members / voters present
at the Gram Panchayat meeting. If the first meeting is delayed due to a lack of quorum,
the meeting will be rescheduled and the process will follow the state’s rules.
r
ve
Issues to be Discussed in the Gram Sabha
Though the Gram Sabha is free to discuss any issue concerning the Gram
Panchayat, there are some issues that must be addressed. The following are the
problems:
ni

●● The yearly statement of accounts of the Gram Panchayat.


●● The report of the previous financial year. Previous audit memos and responses, if
U

there are any, by the Gram Panchayat.


●● The financial plan of the Gram Panchayat for the following fiscal year.
●● The account in regard of growth plans of the Gram Panchayat concerning to the
ity

previous year.
●● Improvement plans projected to be started in the current year.
●● Accounts of the Vigilance Committee.
●● The proposals of the Ward Sabha.
m

●● The Gram Sabha can deliberate those pitches, also which it believes is significant
enough for a Ward even though the Ward Sabha has not involved it in its order of
)A

business.

Panchayat Samiti
Panchayat samiti is an intermediate tehsil (taluka/mandal) level rural local
government (panchayat) body in India. It serves the villages of the tehsil, which are
(c

grouped together as a development block. The “panchayat of panchayats,” as it has


been called.

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Constitutional History of India 39

The 73rd Amendment describes the levels of panchayati raj institution as:
Notes

e
◌◌ District (or apex) level
◌◌ Intermediate level

in
◌◌ Base level
The gramme panchayat (village council) and the zila parishad are connected by
the panchayat samiti (district board). The name varies by state: in Andhra Pradesh, it’s

nl
called a mandal parishad, in Gujarat, it’s called a taluka panchayat, and in Karnataka,
it’s called a mandal panchayat.

O
A taluka panchayat is usually made up of elected representatives from the
district: the block development officer, associates of the state’s judicial body, agents of
parliament pertaining to that locality, otherwise voiceless groups (Scheduled Castes,
Scheduled Tribes and women), fellow associates (such as a farmer, a delegate of the

ty
collaborative societies and an associate from the agricultural marketing services sector)
and the voted members of that panchayat block (tehsil) on the zila parishad (district
board).

si
The samiti is elected for a five-year term and is led by a chairman and deputy
chairman chosen by the panchayat samiti members. The other gramme panchayats are
overseen by a sarpanch samiti. It serves as a link between the district panchayat and
the gramme panchayat. r
ve
Composition of mandal parishads:
For each revenue mandal, a coterminous mandal parishad is created. A mandal
parishad is a group of people who live in a specific place:
ni

◌◌ Mandal parishad territorial constituency associates


◌◌ Associates of the state legislative body having authority over the mandal
U

◌◌ Associates of the House of the People having authority over the mandal
◌◌ Associates of the Council of States (India)
Members of the Mandal Parishad Territorial Constituency (MPTC) are elected
directly by voters, while the mandal president is selected by MPTC members. The
ity

members are selected for a five-year term. MPTCs are elected on a party-by-party
basis. The state election commission is in charge of the elections.

The sarpanchs are invited to the mandal parishad meetings on a regular basis.
m

Departments:
The most shared departments found in a panchayat samiti are:
)A

◌◌ Organization
◌◌ Finance
◌◌ Public works (especially water and roads)
◌◌ Farming
(c

◌◌ Health

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40 Constitutional History of India

◌◌ Education teacher register


Notes

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◌◌ Social well being
◌◌ Information technology

in
◌◌ Development of women & child
◌◌ Panchayat raj (mandal praja parishad)
In a panchayat samiti, each department has its own officer. Most of the time, these

nl
are state government extension agents, but in more revenue-rich panchayat samiti,
they may also be local employees. A government-appointed block development officer
(BDO) supervises the extension officers and acts as the panchayat samiti’s executive

O
officer, effectively making him the administrative leader.

Functions of Panchayat Samiti:

ty
The panchayat samiti gathers all prospective proposals prepared at the Gram
Panchayat level and processes them for funding and implementation by analyzing them
from the financial constraints, social welfare, and area development perspectives. It
also defines and prioritizes the block-level problems that need to be addressed.

si
Sources of income:

r
The revenue of the panchayat samiti is sourced from:
ve
◌◌ Land and water usage tax, occupational taxes, alcohol tax, etc.
◌◌ Income-producing plans
◌◌ Grants-in-aid and loans given by the state government and the local zila
parishad
ni

◌◌ Voluntary donations
State aid is the primary source of income for many panchayat samitis. Others rely
on conventional taxes to produce the majority of their income. The gramme panchayats
U

and the panchayat samiti frequently share tax revenues.

1.2.2 Features of Gram Sabha and Samiti


ity

In India’s panchayati raj system, a gram sabha is the foundation of a local self-
government body at the village or small-town level, with a sarpanch as its elected head.
A chairman and a deputy chairman lead the gram samiti, which is elected for a five-year
term.
m

Main features of Gram Sabha:


1. Wards are smaller units that make up each village. The Ward Member
)A

or Panch is a delegate who is selected or elected by each ward. The


representatives of the Gram Sabah also elect a Sarpanch, who acts as the
Panchayat’s president. It is made up of the Sarpanch and the Panch, who are
both elected for a five-year term. The President of the Gram Panchayat is also
the Secretary of the Gram Sabah. This individual is not elected, but rather
(c

appointed by the government. He is in charge of calling Gram Sabha and Gram


Panchayat meetings and maintaining a record of the proceedings.

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Constitutional History of India 41

2. Various issues such as social issues, water problems, monitoring money


Notes

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misuse, unfair favors granted to a group of people, and so on are addressed
in the Gram Panchayat. As a result, the Gram Sabha is crucial in ensuring that
the gramme panchayat fulfils its obligations. It is here that all of the gramme

in
panchayat’s preparations for work are presented to the public. The Gram
Sabha prevents the panchayat from doing stuff like misusing money to help
a few individuals. It also keeps an eye on elected officials and keeping them

nl
accountable to the people who elected them.

3. The work of the Gram Sabha includes:

O
◌◌ Water supplies, highways, irrigation, school buildings, and CPR maintenance
and construction (common property resources).
◌◌ Collect and levy municipal taxes.

ty
◌◌ Bring government jobs schemes into effect.

4. Sources of fund for Gram Sabha includes:

si
◌◌ Taxes on houses and marketplaces are collected.
◌◌ Janpads and Zila Panchayats have obtained funds from the government to
develop the village
◌◌ Donations to community organizations, etc. r
ve
Main Features of Gram samiti:
1. Gram Samiti is an intermediate tehsil-level rural local government body in India.
It serves the villages of the tehsil, which are grouped together as a development
ni

block. The “panchayat of panchayats,” as it has been called.


2. The samiti is elected for a five-year term and is led by a chairman and deputy
chairman chosen by the panchayat samiti members. The other gram panchayats
U

are overseen by a sarpanch samiti. It serves as a liaison between the district


panchayat and the gram panchayat.
3. Administration, Finance, Public Works (especially water and roads), Agriculture,
Health, Education teacher list, Social welfare, Information technology, Women
ity

& child development, and Panchayat raj are the most common departments
found in a Gram samiti (mandal praja parishad).
4. Gram samiti collects all potential plans prepared at the Gram Panchayat level
and processes them for funding and implementation by assessing them from
m

the perspectives of financial constraints, social welfare, and area development.


It also defines and priorities the block-level problems that need to be addressed.
)A

5. The Gram samiti’s income is derived from:


◌◌ Land and water usage tax, occupational tax, alcohol tax, etc.
◌◌ Income-producing plans
◌◌ Grants-in-aid and loans given by the state government and the local zila
(c

parishad
◌◌ Voluntary donations

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42 Constitutional History of India

1.2.3 Structure of Gram Sabha and Samiti


Notes

e
Though the Panchayati Raj Institution’s basic structure is the same across India’s
states, it is described using different nomenclatures in each. Every state’s panchayats

in
have their own characteristics, and even the election procedures for these institutions
differ.

The district is terminated by a District Panchayat or Zilla Parishad. There is a

nl
Zilla Parishad in each district. Block Panchayats, or Panchayat Samitis, are also
coterminous with the district’s blocks.

Although a Block may contain several villages, Gram Panchayats are not always

O
coterminous with each village. A Gram is defined by law as a particular geographical
section, which may contain of a solitary village or a bunch of connecting villages,
contingent on the size of the population (in fact, the number of voters).

ty
Members of Panchayats

A. Zilla Panchayat:

si
Under a ZP, each block Panchayat elects one, two, or three representatives directly
(depending on number of voters within it). Ex-officio members of the ZP include the
presidents of all Block Panchayats. Ex-officio members include the district/Member
r
constituencies of Legislative Assembly (MLA) and Member of Parliament (MP).
ve
B. Block Panchayat or Panchayat Samiti:
Each GP in a Block Panchayat elects one, two, or three representatives to the
Block Panchayat directly. Ex-officio members of Block Panchayats are GP Pradhans.
ni

C. Gram Panchayat:
A Gram (a single village or a bunch of villages) is split into at least five districts as
U

indicated by the Act (again dependent on the amount of voters the Gram has). One
member is elected from each of these constituencies. The Gram Panchayat is the
legislative body of these elected members. The size of general practitioners varies
ity

significantly from state to state. In states like West Bengal and Kerala, a general
practitioner sees around 20000 people on average, while in many other states, it is only
around 3000.

D. Gram Sabha:
m

In most states, each Gram Panchayat member’s constituency is known as the


Gram Sabha, and all voters in that constituency are members of this body. In some
states, however, this is referred to as Ward Sabha/Palli Sabha, and so on. Gram
)A

Sansad is the name given to it in West Bengal (village parliament). Gram Sabha has a
distinct significance in West Bengal. The Gram Sabha is made up of all of the voters in
the Gram Panchayat as a whole.

There can only be three levels of Panchayats under the Constitution. The Gram
(c

Sabha is not a level of the public-relations system. It has no executive power and only
acts as a recommending body.

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Constitutional History of India 43

Gram Sabhas meet two to four times a year on average, but can meet as
Notes

e
required. In some states (Madhya Pradesh, Gujarat, and others), the dates of these
appointments are set by the Gram Panchayats, while in others, the dates are set by
the Gram Panchayats. Matters to be deliberated in the gatherings can be widespread

in
but the important schedule should include: Yealry Action Plan and Budget, Yearly
Accounts and Yearly report of the GP, selection of recipients for various social service
plans (Indira Awas Yojana (IAY), Pension Schemes etc.), recognition of methods for

nl
preparation of Yearly Plan for growth programmes (e.g., MGNREGS) of GP, deliberation
of the Audit reports, analyses of GP’s performance etc.

O
ty
r si
ve
Each GP member represents a specified geographical area and mumber of voters.
This is called Gram Sansad (Village Parliament).
ni

NB-I All the Panchayat Samitis within the geographical limit of a district come under
the said District panchayat or Zilla Parishad.
NB-II All the Gram Panchayats within the geographical limit of Panchayat Samiti
U

come under it. Panchayat Samiti and Development Block is co-Terminus.


NB-III A Gram Panchayat will have at least five and maximum of 30 members.
Each member has a specified area and voters (Constituency) that he represents
which is called Gram Sansad (Village parliament)
ity

Gus: Gram Unnayan Samiti (Village development committee) is a small committee


consitituted by Gram Sansad and chaired by the slected GP member of the same
Gram Sansad. Its function is to help the GP prepare village level plan excute them
through social mobilization etc.
m

1.2.4 Difference between Gram Sabha and Samiti


)A

In India, panchayati Raj refers to a form of rural local self-governance. It is


in charge of rural development. The Panchayati Raj is made up of three levels: Zila
Parishad, Panchayat Samiti, and Gram Panchayat.Gram Sabha and Nyaya Panchayat
are sub-divisions of the Gram Panchayat. The Panchayati Raj system was established
by the 73rd Constitutional Amendment Act of 1992, which took effect on April 24, 1993.
(c

Gram Sabha is a general assembly of all citizens of a village who have reached the
age of 18 and are identified on the voter list.

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44 Constitutional History of India

The Gram Sabha’s executive committee is known as the Gram Panchayat, and it is
Notes

e
made up of members elected by the Sabha.

The table below shows the variations between a Gram Sabha and a Gram

in
Panchayat:

Differences between Gram Panchayat and Gram Sabha

nl
Gram Panchayat Gram Sabha
Gram Panchayat is the lesser component of Gram Sabha is the judicial body that
the Panchayati Raj that works at the village functions at the village stage and

O
stage with the well being and growth of the takes under consideration the yearly
village in mind budget and audit accounts of the Gram
Panchayat

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It is a provisional body, as the associates It is a constant body
of the panchayat are voted for a period of
five years.
The Gram Panchayat is made up of of ward The Gram Sabha contains of every

si
fellows and Sarpanch person whose name is recorded in the
voter register of the perspective village

r
The associates of the Gram Panchayat are The associates of Gram Sabha are
directly chosen by the associates of the not voted
ve
Gram Sabha
Every month a assembly is planned by the The verdicts taken by the Gram Sabha
gram panchayat. The purposes of the Gram cannot be void by any other body. The
Panchayat may split as mandatory and authority to do so lies with the Gram
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elective functions. The mandatory purposes Sabha only


include civic situations such as sanitation,
drains and ponds
U

Check your Understanding


Multiple Choice Questions:
ity

1. The _____ Amendment envisages the Gram Sabha as the foundation of the
Panchayat Raj System to perform functions and powers entrusted to it by the State
Legislatures.
(a) 73rd
m

(b) 76th
(c) 63rd
)A

(d) 84th
2. The term Gram Sabha is defined in the Constitution of India under Article ______.
(a) 238(b)
(c

(b) 240(b)
(c) 241(c)

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Constitutional History of India 45

(d) 243(b)
Notes

e
Fill in the Blanks:

in
3. ______ is legally bound to organize Gram Sabha meetings.
State True or False:

4. People use the forum of the Gram Sabha to discuss local governance and

nl
development, and make need- based plans for the village.
Give one word:

O
5. A decision-maker, elected by the village-level constitutional body of local self-
government called the Gram Sabha (village government) in India.

Summary

ty
In India, the Panchayati Raj system is not strictly a post-independence
phenomenon. For decades, the village panchayat has been the dominant political entity
in rural India. Panchayats were historically elected councils with executive and judicial

si
powers in ancient India.

The Panchayati Raj system’s primary body is the Gram Sabha. It is a village
assembly made up of all the registered voters in the panchayat’s district. The state
r
legislature will decide what authority it will have and what tasks it will perform.
ve
The electorate’s Sabha is known as the Gram Sabha. All other Panchayati Raj
agencies, such as the Gram Panchayat, Block Panchayat, and Zilla Parishad, are made
up of elected members.
ni

The Gram Sabha must meet at least two to four times a year, according to the
State Panchayat Raj Acts. The Gram Sabha, according to the Constitution, has
the same powers and performs the same functions at the village level as the State
U

Legislature can provide by statute.

The Sarpanch is legally obliged to conduct Gram Sabha meetings. Sarpanchs


are required by law to hold a minimum of two Gram Sabha meetings per year on the
dates fixed by the government. Though the Gram Sabha is free to discuss any issue
ity

concerning the Gram Panchayat, there are some issues that must be addressed.

The panchayat samiti gathers all prospective proposals prepared at the Gram
Panchayat level and processes them for funding and implementation by analyzing them
from the financial constraints, social welfare, and area development perspectives.
m

It also defines and priorities the block-level problems that need to be addressed.

Though the Panchayati Raj Institution’s basic structure is the same across India’s
)A

states, it is defined using different nomenclatures in each. Every state’s panchayats


have their own characteristics, and even the election procedures for these institutions
differ.

The district is terminated by a District Panchayat or Zilla Parishad. There is one


(c

Zilla Parishad for each district. Block Panchayats, or Panchayat Samitis, are also
coterminous with the district’s blocks.

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46 Constitutional History of India

Although a Block can contain several villages, Gram Panchayats are not always
Notes

e
coterminous with each village. A Gram is specified by law as a particular geographical
area, which may consist of a single village or a cluster of adjoining villages, depending
on the size of the population (in reality, the number of voters).

in
Activity

nl
Visit any village nearby and talk to Sarpanch or any other member of Panchayati
Committee. Discuss with them the roles they are performing and their day-to-day
activities. Write an essay on the same.

O
Questions and Exercises
1. List down the specific functions of Gram Sabha.
2. What is the role of Sarpanch in Gram Sabha? Explain.

ty
3. What is the role of Panchayat Secretary in Gram Sabha?
4. What is the composition of mandal parishads?

si
5. Write briefly on members of Panchayat.

Glossary
r
Panchayat raj is a political system, originating from the Indian subcontinent, found
ve
mainly in India, Pakistan, Bangladesh, Sri Lanka, and Nepal.

Further Reading and Bibliography


https://grammanchitra.gov.in
ni

www.niti.gov.in

Check your Understanding – Answers


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1 (a)
2. (d)
3. Sarpanch
ity

4. True
5. Sarpanch
m
)A
(c

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Constitutional History of India 47

Chapter-1.3: Panchayats
Notes

e
Objective

in
●● Panchayats in India: The Context
●● Decentralized Planning and Panchayati Raj

nl
●● Panchayati Raj Institutions
●● Panchayat Level Administration and Development

O
●● Role of Women in Panchayats

Introduction

ty
The Panchayati Raj is a form of local self-government in India that aims to
establish local self-government in districts, zones, and villages.

Rural development is one of Panchayati Raj’s key goals, and it has been enforced

si
in all Indian states except Nagaland, Meghalaya, and Mizoram, as well as all Union
Territories except Delhi and a few other regions. There are some of them:

a. The scheduled areas and the tribal areas in the states


b.
r
The hill area of Manipur for which a district council exists
ve
c. Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council
exists

Panchayati Raj is a three level form of the Indian government for rural growth.
ni

1.3.1 Panchayats in India: The Context


U

In India, the Panchayati Raj system is not strictly a post-independence


phenomenon. For decades, the village panchayat has been the dominant political
entity in rural India. Panchayats were historically elected councils with executive and
ity

judicial powers in ancient India. The importance of village panchayats had been eroded
by foreign dominance, especially Mughal and British, as well as natural and forced
socio-economic changes. However, prior to independence, the panchayats acted as
instruments for the upper castes’ supremacy over the rest of the village, furthering the
division based on socioeconomic status or caste hierarchy.
m

The Panchayati Raj System, on the other hand, received a boost after
independence and the drafting of the Constitution. Article 40 of the Indian Constitution
instructs: “The state shall take steps to organize village panchayats and endow them
)A

with such powers and authority as may be necessary to enable them to function as
units of self-government”. The Indian government set up a number of committees to
look at the introduction of self-government in rural areas and make suggestions on how
to get there.
(c

The following committees have been appointed:

◌◌ Balwant Rai Mehta Committee

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48 Constitutional History of India

◌◌ Ashok Mehta Committee


Notes

e
◌◌ G V K Rao Committee
◌◌ L M Singhvi Committee

in
Balwant Rai Mehta Committee & Panchayati Raj
The committee was formed in 1957 to study and recommend changes to the

nl
Community Development Program and the National Extension Service. The committee
recommended that a democratic decentralized local government be created, which
became known as the Panchayati Raj.

O
Recommendations by the Committee:
◌◌ Three-tier Panchayati Raj system: Gram Panchayat, Panchayat Samiti and
Zila Parishad.

ty
◌◌ The gram panchayat is made up of directly elected members, while the
Panchayat Samiti and Zila Parishad are made up of indirectly elected
members..

si
◌◌ The Panchayati Raj system’s primary goals are planning and development.
◌◌ The administrative body should be the Panchayat Samiti, and the advisory
and supervisory body should be the Zila Parishad.
◌◌
r
The chairman of the Zila Parishad would be the District Collector.
ve
◌◌ It also called for support to assist them in carrying out their duties and
obligations.
The Balwant Rai Mehta Committee revitalized panchayat development in the
ni

country, proposing that panchayati raj institutions should play a significant role in
community development programmes across the country. The Panchayats’ aim was to
achieve democratic decentralization through effective participation of locals and well-
planned programmes.
U

Ashok Mehta Committee & Panchayati Raj


The committee was formed in 1977 to recommend ways to revitalize and improve
ity

India’s ailing Panchayati Raj system.

The following are the most relevant suggestions:

◌◌ The three-tier system should be substituted with a two-tier system: Zila


Parishad (district level) and the Mandal Panchayat (a group of villages).
m

◌◌ District level as the primary level of supervision subsequent to the state level.
◌◌ At the district level, the Zila Parishad should be the executive body in charge
)A

of planning.
◌◌ The institutes (Zila Parishad and the Mandal Panchayat) to have enforced
taxation powers to mobilize their own financial resources.

G V K Rao Committee & Panchayati Raj


(c

The planning commission named the committee in 1985. It recognized that due to
bureaucratization, progress was not seen at the grassroots level, resulting in Panchayat

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Constitutional History of India 49

Raj institutions being referred to as “grass without roots.” As a result, it made the
Notes

e
following primary recommendations:

◌◌ The Zila Parishad is the most relevant body in the democratic decentralization

in
system. The Zila Parishad will be the main body in charge of district-level
development programmes.
◌◌ Specific planning, execution, and monitoring of rural development

nl
programmes should be allocated to the district and lower levels of the
Panchayati Raj system.
◌◌ A new position of District Development Commissioner will be created. He will

O
be the Zila Parishad’s chief executive officer.
◌◌ Elections to Panchayati Raj levels should be held on a regular basis.

L M Singhvi Committee & Panchayati Raj

ty
The Government of India appointed the committee in 1986 with the aim of
suggesting ways to revitalize the Panchayati Raj structures for democracy and
development. The committee made the following recommendations:

si
◌◌ The committee recommended that the Panchayati Raj systems be accepted
by the Constitution. It also proposed that the Panchayati Raj systems have

◌◌
r
constitutional provisions that accept free and fair elections.
To make the gramme panchayat more viable, the committee suggested
ve
reorganizing villages.
◌◌ It was proposed that village panchayats be given more funds to sustain their
activities.
ni

◌◌ In each state, judicial tribunals will be formed to hear cases involving elections
to Panchayati Raj institutions and other issues related to their service.
All of this supports the argument that panchayats can be very successful
U

in identifying and solving local problems, involving the people in the villages in
developmental activities, improving connectivity between different levels of government,
enhancing leadership skills, and, in short, assisting the states’ basic growth without
needing too many institutional changes. In 1959, Rajasthan and Andhra Pradesh
ity

became the first states to enact Panchayati raj, with other states following suit later.
Although each state has its own characteristics, there are those that are shared by
all. In most states, for example, a three-level system has been institutionalized, with
panchayats at the village stage, panchayat samitis at the zone stage, and zila parishads
at the region stage. The Parliament ratified two changes to the Constitution – the 73rd
m

Constitution Amendment for rural local areas (panchayats) and the 74th Constitution
Amendment for urban local areas (municipalities) – making them ‘institutions of self-
government’ because of this the sustained efforts of civil society groups, intellectuals,
)A

and progressive political leaders. Within a year, every state had enacted legislation in
compliance with the revised constitutional provisions.

73rd Amendment Act 1992


(c

The 73rd Amendment envisions the Gram Sabha as the backbone of the
Panchayat Raj System, with the State Legislatures entrusting it with roles and powers.

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50 Constitutional History of India

Significance of the Act


Notes

e
●● The Act supplemented Part IX to the Constitution, “The Panchayats” and also
included the Eleventh Schedule which comprises of the 29 handy items of the

in
panchayats.
●● Part IX of the Constitution holds Article 243 to Article 243 O.
●● The Amendment Act gives an outline to Article 40 of the Constitution, which guides

nl
the state to organize the village panchayats and give them control and influence
so that they may work as self-government.
●● With the Act, Panchayati Raj structure fall under the jurisdiction of the justiciable

O
section of the Constitution and orders states to implement the structure.
Additionally, the election method in the Panchayati Raj institutions will be held
seperate from the state government’s preference.

ty
●● The Act has two sections: obligatory and voluntary. Obligatory requirements must
be adjoined to state laws, which comprises the formation of the new Panchayati
Raj structure. Voluntary requirements, on the other hand, is the discretion of the

si
state government.
●● The Act is a very important step in forming democratic institutions at the very basic
stage in the country. The Act has changed the representative democracy into
r
participatory democracy.
ve
Salient Features of the Act
1. Gram Sabha: The Panchayati Raj system’s primary body is the Gram Sabha. It is a
village assembly made up of all the registered voters in the panchayat’s district. The
ni

state legislature will decide what authority it will have and what tasks it will perform.
2. Three-tier system: The Act mandates the creation of a three-tier Panchayati Raj
system in the states (village, intermediate and district level). States with populations
U

of less than 20 lakh people might not be considered intermediate.


3. Election of members and chairperson: Members of the Panchayati Raj are
elected directly at all levels, with the chairpersons of the intermediate and district
levels being elected indirectly from the elected members, and the chairperson of the
ity

village level being elected as decided by the state government.


4. Reservation of seats:
◌◌ For SC and ST: Reservation to be given at all the three levels in agreement
m

with their population calculation.


◌◌ For women: Not fewer than a third of the entire quantity of chairs to be saved
for women, additional not fewer than a third of the total amount of offices for
)A

chairperson at all degrees of the panchayat to be saved for women.


◌◌ The state administrations are also given the power to decide on seat
reservations in favor of backward classes in any degree of panchayat or office
of chairperson.
5. Duration of Panchayat: All levels of the panchayat are granted a five-year term of
(c

office under the Act. The panchayat, on the other hand, can be dissolved before the
end of its term. However, new elections to form the new panchayat must be held:

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Constitutional History of India 51

o Before the expiration of its five-year period.


Notes

e
o In case of closure, before the expiration of a timeframe of six months from the
date of its termination.

in
6. Disqualification: If a person is excluded from being elected as or serving as a
member of the panchayat under any of the following laws:
o For the purpose of elections to the legislature of the state concerned.

nl
o Under every state legislation passed by the legislature. If a person has reached
21 years old, he or she will not be excluded because he or she is under the age

O
of 25.
o Furthermore, all issues concerning disqualification shall be referred to a state
legislature-designated authority.

ty
7. State election commission:
o The commission is in charge of supervising, directing, and monitoring the
preparation of electoral rolls and conducting panchayat elections.

si
o The state legislature has the power to make laws governing all aspects of
panchayat elections.
8. Powers and Functions: The state legislature can grant the Panchayats such
r
powers and authority as are required for them to act as self-governing institutions.
ve
Such a scheme could include provisions relating to Gram Panchayat work, such as:
a. The groundwork of procedures for economic growth and social justice.
b. The application of systems for economic growth and social justice as may be
assigned to them, as well as those in relation to the 29 issues stated in the
ni

Eleventh Schedule.
9. Finances: The state legislature may:
U

a. Sanction a panchayat to tax, collect and set taxes, duties, tolls and fees.
b. Allocate to a panchayat taxes, duties, tolls, and fees charged and compiled by
the state government.
ity

c. Deliver for making grants-in-aid to the panchayats from the combined resources
of the state.
d. Deliver for the composition of resources for crediting all money of the panchayats.
10. Finance Commission: The state finance commission studies the financial condition
m

of the panchayats and makes recommendations for the appropriate measures to be


taken to supplement the panchayat’s finances.
11. Audit of Accounts: The state legislature can make arrangements for panchayat
)A

accounts to be maintained and audited.


12. Application to Union Territories: The President may order that the Act’s provisions
be extended to every union territory, with exceptions and modifications as he sees fit.
13. Exempted states and areas: The Act exempt the states of Nagaland, Meghalaya
(c

and Mizoram as well as some other regions. These areas include,


a. The arranged areas and the ethnic areas in the states

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52 Constitutional History of India

b. The hill zone of Manipur for which a district council is


Notes

e
c. Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council
exists.

in
Though, Parliament can spread this share to these zones dependent on the
exception and alteration it specifies. Thus, the PESA Act was enacted.

14. Continuance of existing law: All state laws relating to panchayats will remain in

nl
place for one year after the date of this Act’s enactment. In other words, states shall
enforce the new Panchayati raj structure based on this Act within a year of the Act’s
commencement on April 24, 1993. The Panchayats that existed prior to the Act’s

O
enactment will remain in effect until their terms expire, unless the state legislature
dissolves them earlier.
15. Bar to interference by courts: The Act forbids the courts from interfering with

ty
panchayat elections. It declares that the constitutionality of any law relating to the
delimitation of constituencies or the allocation of seats to those constituencies
cannot be challenged in any court. It also notes that no election to a panchayat can
be challenged unless an election petition is filed with the appropriate authority and in

si
the manner specified by the state legislature.

1.3.2 Decentralized Planning and Panchayati Raj


r
In India, the idea of decentralized planning is as old as the concept of planning
ve
itself. Several attempts to operationalize it around the country were made in the
1950s, 1960s, and 1970s. While model district plans were created in some states,
they were unable to be adopted due to the lack of people’s institutions at the district
or sub-district levels. However, the 73rd and 74th amendments to the Constitution
ni

have established such institutions in the form of panchayats and municipalities, which
provide a permanent mechanism for citizen participation in district planning. These
Amendment Acts’ Articles 243G and 243W require that panchayats and municipalities
U

establish proposals for economic growth and social justice at their respective levels.
The 74th amendment’s article 243 ZD creates a district planning committee (DPC),
which will coordinate the plans prepared by panchayats and municipalities and draught
a district-wide development plan. The State Planning Commission of Tamil Nadu
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created a working group on Decentralized Planning and Panchayati Raj in the light of
the preparation of the Ninth Five-Year Plan, keeping in mind the constitutional mandate
to devise panchayat and municipal plans, and then the district development plan.

Since India’s independence in 1947, attempts have been made to improve the
m

panchayati raj system in order to promote a sense of involvement in the nation-building


process among rural citizens.
)A

The state is guided by Article 40 of the Constitution’s Directive Principles of State


Policy to “organise village panchayats as units of self-government.” On October 2,
1952, the Community Development (CD) programme was initiated in the country in
order to accomplish this aim and as part of the planning phase.

The CD program’s goals are to make use of the countryside’s vast untapped
(c

resources, promote jobs and the use of scientific agricultural practises, cottage
and small-scale industries, instil a spirit of self-help among rural people through

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Constitutional History of India 53

developmental work, provide greater facilities to villagers through voluntary labour


Notes

e
contributions, and bring about social change through development work.

The CD programme was integrally linked to panchayati raj institutions (PRIs) after

in
the National Development Council approved the recommendations of the Balwant Rai
Mehta Committee, which was established in 1953, in 1958. This set the stage for the
nationwide launch of panchayati institutions.

nl
The Balwant Rai Committee recommended that Panchayati Raj be formed on the
basis of “democratic decentralisation.” The plan called for a three-tier system of local
self-government, with panchayats in villages, panchayat samitis in blocks, and zila

O
parishads in districts.

However, the method did not prove to be a complete success, and some bugs
were found. As a result, the government formed a committee in 1977, chaired by

ty
Ashoka Mehta, to investigate the functioning of Panchayati Raj. The committee
recommended that the current three-tier structure be replaced with mandal panchayats
at the bottom and zila parishads at the top in its 1978 report.

si
The committee called for PRIs to be less dependent on state governments and
recommended that they raise their own funds by giving them compulsory taxing powers
through a constitutional amendment. It proposed the establishment of a monitoring

r
body to protect the rights of disadvantaged social and economic classes. The Ashoka
Mehta Committee’s recommendations were not approved, and the PRIs continued to
ve
work as before.

The government introduced the 72nd Constitutional Amendment Bill in Parliament


in 1992, concerned that the Panchayati Raj system was not being taken seriously by
ni

the states. The amendment added Section IX to the Constitution, which includes
Articles 243 to 243-0.

After being ratified by more than half of the states, it was granted constitutional
U

status as the 73rd Amendment Act in 1993. Almost all states have passed legislation
providing for the establishment of powerful, viable, and accountable panchayats at
various levels in their respective states/Union territories.
ity

State legislatures will give Panchayats the powers and authority they need to
operate as self-governing entities under the 73rd Amendment Act. Their duties may
include designing economic development and social justice plans, implementing
these plans, and exercising control over certain matters specified in the Eleventh
Schedule, which includes 29 items such as land enhancement, minor irrigation, animal
m

husbandry, fisheries, women and child development, and education. As a result, the
Eleventh Schedule envisions a power sharing system between state legislatures and
Panchayats. The state legislature will delegate the powers to local governments.
)A

State legislatures will allow Panchayats to levy, raise, and appropriate local taxes,
as well as make grants-in-aid to Panchayats from the State’s Consolidated Fund.

Article 243 I states that inside a year from the time the Constitution’s 73rd
Amendment was ratified, i.e., from April 25, 1993, and every five years afterwards, the
(c

state government is to assign a Finance Commission to appraise the financial situation


of the Panchayats and to make suggestions on the subsequent issues—(i) allocation

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54 Constitutional History of India

among the state and the panchayats of the net amount of levies, duties, tolls and
Notes

e
fees taxable by the state which could be split amongst them and the way in which the
distribution is to be divided between the various levels; (ii) what levies, tolls and fees
might be allotted to the panchayats; as well as (iii) grants-in-aid to panchayats. The

in
Commission’s account with a note of action taken on it is to be presented before the
state administration.

nl
According to Article 243 (ZD) of the Constitutional 74th Amendment Act (which
deals with urban civic bodies), state governments are required to form district
planning committees (DPCs) at the district level to promote decentralised planning by
consolidating development plans prepared by panchayats and municipalities for the

O
district as a whole encompassing both rural and urban regions. The DPC will present
the district administration with a draught district development plan. The members of the
committee will be elected by and from the district’s panchayats and municipalities.

ty
The 73rd and 74th Amendments usher in a new period in the country’s federal
democratic setup by granting constitutional status to rural and urban self-governing
institutions. The two amendments are historic in their own right.

si
In terms of substance, state legislatures have been slow to pass real powers,
preferring to hold oversight, regulation, suspension, notification of functions, scheme
approvals, and similar powers in their hands, or in the hands of their officials. The
r
state would be allowed to give these powers to grassroots institutions under the
ve
amendments.

Even if the local government entities are not made fully self-governing, the DPC is
supposed to be heavily involved in the formulation of their plans, which is a substantial
improvement over the current situation.
ni

The revisions, on the other hand, have some flaws. While arrangements for the
transfer of subjects to be dealt with by the PRIs have been made, the Acts are vague
about the transfer of staff and funds in relation to the subjects transferred to the
U

panchayats.

Panchayats, as self-governing units, must have their own cadres of staff, whom
they may hire and discipline. The district collector’s position in relation to elected bodies
ity

must also be decided.

With members of district-level Panchayati Raj and municipalities taking up 80%


of the seats in the DPC, the question remains as to how the remaining seats will be
filled. Who will be the DPC’s chairperson? What is the position of technical heads of
m

departments in items assigned to local government, and how are activities to be divided
among the various levels of Panchayati Raj?

The success of the PRIs will depend on the following five things:
)A

(i) PRIs and state administrations must completely desire the scheme, for they
more often than not become their own adversaries
(ii) Struggle from the government must be answered with appropriate personnel
rules at the state and lower stages
(c

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Constitutional History of India 55

(iii) Local heads must view the new scheme as an chance for undertaking poverty
Notes

e
in the community and not only as a decent opportunity for use of power and
patronage

in
(iv) The organization of accounting, audit and accountability must be created on a
comprehensive foundation
(v) Panchayati Raj officials, particularly those coming from SC/ST and women

nl
groups, and civil workers must be educated or exposed “to knowledge, skills
and attitudes for making the system work”.

O
1.3.3 Panchayati Raj Institutions
In India, the Panchayati Raj Institution (PRI) is a form of local self-government in
rural areas. The administration of local affairs by those local bodies that have been
elected by the local people is known as local self-government. The PRI was founded by

ty
the 73rd Constitutional Amendment Act of 1992 to promote democracy at the grassroots
level and to oversee the country’s rural development. PRI has been in existence for 26
years in its current form and structure. However, there is still more work to be done in

si
terms of decentralization and expanding democracy at the grassroots level.

From an analytical perspective, the past of Panchayat Raj in India can be divided
into the following times:
r
ve
●● Vedic Era: The term “Panchayatan” is mentioned in ancient Sanskrit scriptures,
and it refers to a group of five individuals, one of whom is a spiritual man.
●● Gradually, the thought of including a spiritual man in such communities faded
away.
ni

●● Sabha, Samiti, and Vidatha are all listed in the Rigveda as local self-units..
●● The representative bodies at the local level were these. These bodies used to give
their approval to the king for certain roles and decisions.
U

●● Epic Era refers to the two-great epic eras of India, that is, the Ramayana and the
Mahabharata.
●● According to the Ramayana, the administration was split into two parts: Pur and
ity

Janpad, or city and village.


●● A Caste Panchayat was formed in the state, with one member elected by the
Caste Panchayat serving on the King’s Council of Ministers.
m

●● The Mahabharata’s ‘Shanti Parva’, as well as the Manu Smriti and Kautilya’s
Arthashastra, provide ample examples of village self-government.
●● According to the Mahabharata, there were units of 10, 20, 100, and 1,000 village
)A

groups above and outside the village.


o The chief official of the village was ‘Gramik’, the chief of ten villages was
‘Dashap’, the chiefs of 20, 100, and 1,000 villages were Vinshya Adhipati, Shat
Gram Adhyaksha and Shat Gram Pati were, respectively.
(c

o They were in charge of raising local taxes and protecting their settlements.

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56 Constitutional History of India

●● Ancient Period: There is a reference of village panchayats in Kautilya’s


Notes

e
Arthashastra.
o A town was called as Pur and its chief was called the Nagarik.

in
o Local bodies were not restricted from any royal intrusion.
o During the Mauryan and Post-Mauryan eras too, the leader, aided by a council
of elders, remained to perform an important part in the village life.

nl
o This structure sustained through the Gupta period, though there were particular
modifications in the terminology, as the district official was called the vishya pati

O
and the village headman was called the grampati.
o As a result, there was a well-established system of local government in ancient
India, which followed a fixed pattern of practices and customs.

ty
o It is important to note, however, that there is no mention of a woman leading the
panchayat or even serving as a member of the panchayat.
●● Medieval Period: During the Sultanate period, the Sultans of Delhi split their

si
kingdom into provinces called ‘Vilayat’.
o For the authority of a village, there were three significant administrators
- Mukkaddam for administration, Patwari for gathering of revenues, and
r
Choudhrie for resolving disagreements with the help of the Panch.
ve
o The villages had ample self-government powers in their territories.
o Under Mughal rule in the mediaeval era, casteism and a feudalistic system of
governance steadily eroded village self-government.
o It’s worth noting that women’s participation in local village administration isn’t
ni

listed anywhere in the mediaeval era.


●● British Period: Under the British rule, village panchayats lost their autonomy and
U

became weak.
●● Only after 1870 did India see the emergence of democratic local institutions.
●● By enlarging local institutions’ powers and duties, the popular Mayo’s resolution of
ity

1870 accelerated the establishment of local institutions.


●● The idea of elected representatives in urban municipalities was first adopted in
1870.
●● The revolution of 1857 had placed the imperial finances under a lot of pressure, so
m

it was decided to fund municipal services with local taxes. As a result, Lord Mayo’s
resolution on decentralization was enacted as a result of fiscal necessity.
●● Following in the footsteps of Mayo, Lord Rippon provided these institutions with a
)A

much-needed democratic structure in 1882.


●● All current boards were required to have a two-thirds majority of non-officials
elected, and the chairman of these bodies had to be chosen from among the
elected non-officials.
(c

●● In India, this is regarded as the Magna Carta of local democracy.

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Constitutional History of India 57

●● The appointment of the Royal Commission on Centralization in 1907, chaired by


Notes

e
C.E.H. Hobhouse, gave a boost to local self-government institutions.
●● The role of panchayats at the village level was recognized by the commission.

in
●● The Montagu Chelmsford reforms of 1919 were enacted against this backdrop,
transferring the issue of local government to the provinces.
●● The reform also proposed that local councils have complete autonomy of their

nl
operations and be as independent from external oversight as possible.
●● Because of organizational and fiscal constraints, these panchayats covered only

O
a small number of villages with minimal functions, and they did not develop into
representative and vibrant institutions of local self-government at the village level.
●● Eight provinces had passed Panchayat Acts by 1925, and six native states had
passed panchayat laws by 1926. Local governments were granted more authority,

ty
but their ability to levy taxes was limited. The status of local self-government
agencies, on the other hand, remained unchanged.
●● Post–Independence Period: Article 40 of the Constitution mentions panchayats,

si
and Article 246 of the Constitution empowers the state legislature to legislate on
any issue relating to local self-government.
●●
r
However, the decision-makers at the time did not unanimously agree to include
panchayats in the Constitution, with the main resistance coming from the
ve
Constitution’s framer himself i.e. B.R.Ambedkar.
●● The village panchayat was eventually given a position in the Constitution as
Article 40 of the Directive Principles of State Policy, after much debate between
supporters and opponents of the panchayat.
ni

●● Since the Directive Principles are not binding, this resulted in a lack of uniformity in
the structure of these bodies across the world.
U

●● Following independence, India launched the Community Development


Programmes (CDP) on the eve of Gandhi Jayanti, October 2, 1952, as a
development initiative, with the Etowah Project, led by American expert Albert
Mayer, as a major influence..
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●● It included almost all aspects of rural development that were to be carried out with
the support of village panchayats and public participation.
●● as a prelude to CDP, the National Extension Service was established in 1953.
However, the software did not produce many results.
m

●● The failure of the CDP was due to a number of factors, including bureaucracy
and unnecessary politics, a lack of public participation, a lack of trained and
)A

skilled personnel, and a lack of interest among local bodies, especially village
panchayats, in implementing the CDP.
●● The National Development Council formed a committee in 1957, led by Balwant
Rai Mehta, to investigate the workings of community development programmes.
(c

o The team noticed that the major cause for the failure of the CDP was the lack of
people’s participation.

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58 Constitutional History of India

o he committee proposed a three-tiered PRI structure, with Grama Panchayats


Notes

e
(GPs) at the village level, Panchayat Samitis (PSs) at the block level, and Zilla
Parishad (ZPs) at the district level.

in
●● The result of this scheme of democratic decentralization was launched in
Rajasthan on October 2, 1959.
●● The system was first implemented in Andhra Pradesh on November 1, 1959.

nl
Assam, Gujarat, Karnataka, Madhya Pradesh, Maharashtra, Orissa, and Punjab,
among others, have passed and introduced the required legislation.
●● The appointment of the Ashok Mehta Committee in 1977 resulted in new thinking

O
about the Panchayat Raj’s principles and practices..
o The committee recommended a two-tier Panchayat Raj institutional framework
comprising of Zilla Parishad and Mandal Panchayat.

ty
●● The district was proposed as the first point of decentralization below the state level
in order to use planning skills and secure administrative support.
●● Some states, such as Karnataka, have successfully implemented them based on

si
its recommendations.
●● The Government of India named numerous committees in subsequent years in
order to revive and give the panchayats a new lease on life.
●●
r
The most significant amid them are the Hanumantha Rao Committee (1983),
ve
G.V.K. Rao Committee (1985), L.M.Singhvi Committee (1986) and the Sarkaria
Commission on Centre-State relations (1988), P.K. Thungan Committee (1989)
and Harlal Singh Kharra Committee (1990).
ni

●● The G.V.K. Rao Committee (1985) suggested making the “district” as the
elementary unit of development and also arranging consistent elections while
the L.M.Singhvi committee suggested offering more financial resources and
constitutional rank to the panchayats to fortify them.
U

●● The Amendment process started with Rajiv Gandhi’s introduction of the 64th
Amendment Bill (1989), which sought to improve the PRIs but was not passed by
the Rajya Sabha.
ity

●● In 1990, the Constitution (74th Amendment) Bill (a joint bill for PRIs and
municipalities) was proposed, but it was never debated.
●● In September 1991, when P.V.Narasimha Rao was Prime Minister, a
comprehensive amendment was introduced in the form of the Constitution 72nd
m

Amendment Bill.
●● 73rd and 74th Constitutional Amendments were approved by Parliament in
)A

December, 1992. Through these modifications local autonomy was presented in


rural and urban India.
●● The Constitution (73rd Amendment) Act of 1992 and the Constitution (74th
Amendment) Act of 1992 went into effect on April 24, 1993 and June 1, 1993,
respectively.
(c

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Constitutional History of India 59

Salient Features of the Constitution 73rd and 74th Amendments


Notes

e
●● These revisions supplemented two new sections to the Constitution, specifically,
added Part IX called “The Panchayats” (added by 73rd Amendment) and Part IXA

in
called “The Municipalities” (added by 74th Amendment).
●● Gram Sabhas (villages) and Ward Committees (municipalities) are the basic units
of the democratic system, consisting of all adult members who have registered to

nl
vote.
●● Except in states with populations under 20 lakhs, a three-tier structure of
panchayats exists at the village, intermediate block/taluk/mandal, and district

O
levels (Article 243B).
●● Article 243C (2) requires direct elections to fill seats at all levels.
●● Seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs), as well

ty
as chairpersons of Panchayats at all levels, shall be reserved in proportion to their
population for SCs and STs.
●● Women will be allocated one-third of the total number of seats.

si
●● Women are given one-third of the seats reserved for SCs and STs.
●● Women hold one-third of all chairpersonships at all levels (Article 243D).
●● r
Uniform five-year term with elections to create new bodies to be concluded prior to
ve
the term’s end.
●● Elections must be held within six months in the event of dissolution (Article 243E).
●● Each state has its own independent election commission in charge of supervising,
ni

directing, and controlling the electoral rolls (Article 243K).


●● Panchayats are required to prepare plans for economic growth and social justice
in respect of subjects devolved by law to various levels of Panchayats, including
U

those mentioned in the Eleventh Schedule (Article 243G).


●● The 74th Amendment establishes a District Planning Committee to coordinate
Panchayat and Municipality plans (Article 243ZD).
ity

●● Budgetary contribution from state governments, revenue share of some taxes,


collection and retention of revenue raised, Central Government programmes and
grants, Union Finance Commission grants (Article 243H).
●● Create a Finance Commission in each state to decide the principles on which
m

adequate financial services for panchayats and municipalities will be assured


(Article 243I).
●● According to the Constitution’s Eleventh Schedule, Panchayati Raj bodies are
)A

responsible for as many as 29 functions.


●● Because of socio-cultural and administrative concerns, the following areas have
been exempted from the Act’s application:
o Scheduled areas in the states of Andhra Pradesh, Bihar, Gujarat, Himachal
(c

Pradesh, Madhya Pradesh, Maharashtra, Orissa, and Rajasthan that are


classified under the V Schedule.
o The states of Nagaland, Meghalaya and Mizoram.
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60 Constitutional History of India

o Darjeeling Gorkha Hill Council represents the hill areas of Darjeeling district in
Notes

e
the state of West Bengal.
●● The Government of India passed the Provisions of Panchayats (Extension to

in
Scheduled Areas) Act, 1996, in accordance with the provisions of the Constitution
Amendment Act.

Evaluating the Panchayati Raj Institutions:

nl
●● PRIs have had a phenomenal success and a staggering disappointment over the
course of their 26-year journey, depending on the goalposts by which they are

O
measured.
●● While the PRI has succeeded in establishing a new layer of government and
political participation at the grassroots level, it has not been able to improve
governance..

ty
●● There are over three million elected local government officials and over 250,000
PRIs and municipal local bodies.

si
●● The 73rd and 74th Amendments mandated that women be represented in
municipal bodies by at least one-third of the total seats. India has the most women
in elected offices, with 1.4 million. SC/ST candidates were also given seats and
sarpanch/pradhan posts.
●●
r
Women are more likely to come forward and report crimes when they have female
ve
political representation in local governments, according to research using PRIs..
o Districts that have female sarpanchs, significantly bigger investments are made
in drinking water, public goods.
ni

●● Furthermore, the states have also stated the legal safeguards for many
decentralization provisions, which have significantly authorized local
administrations.
U

●● Successive (central) Finance Commissions have, so considerably, amplified fund


allocations for local bodies and also the grants have been augmented.
●● 15th Finance Commission is also bearing in mind to additionally raise the
ity

distributions for local administrations to complement the international standards.

Issues:
●● The grey area is the absence of adequate assets. To be able to collect their own
m

funds, panchayats need to expand their domain.


●● Panchayats’ success was also harmed by the intervention of region MPs and
MLAs in their operations..
)A

●● The 73rd Amendment only required the establishment of local self-governing


bodies, leaving the decision to assign rights, duties, and budgets to state
legislatures; this is where PRIs failed.
●● Various governance roles, such as education, health, sanitation, and water, were
(c

not required to be transferred. Instead, the amendment specified the functions that
could be transferred and left it up to the state legislature to decide which functions
should be devolved.

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Constitutional History of India 61

o In the last 26 years, there has been very little devolution of authority and roles.
Notes

e
●● Since these responsibilities were never devolved, state executive authorities have
sprung up to fulfil them. The most famous example is the state water boards,

in
which are notoriously inept.
●● The lack of funding for PRIs is the Amendment’s biggest flaw. Local governments
may either rely on local taxes or intergovernmental payments to fund their

nl
operations.
●● The authority to tax, even for citizens coming within the field of PRIs, has to be
explicitly sanctioned by the state legislature. The 73rd Amendment allows this be a

O
decision open to the state governments—a option that most states have not used.
●● Intergovernmental transfers, in which state governments devolve a portion of their
income to PRIs, are a second source of revenue. State Finance Commissions

ty
were established as a result of the constitutional amendment to recommend the
revenue share between state and local governments. However, these are just
suggestions, and state governments are not obligated to follow them..

si
●● Despite the fact that finance commissions, at every stage, have backed for greater
transfer of funds, there has been little activity by states to transfer funds.
●● PRIs are unable to take on initiatives that require significant financial investment,
r
and they are often unable to address even the most basic local government
issues.
ve
●● PRIs also undergo structural deficits i.e., no secretarial backing and lower stages
of technical knowledge which limited the accumulation of bottom-up planning .
●● There is an existence of adhocism i.e. absence of clear setting of schema in gram
ni

sabha, gram samiti assemblies and no appropriate structure.


●● Even though women and SC/STs have gotten representation in PRIs through
reservation directed by 73rd amendment but there is a existence of Panch-
U

Pati and Proxy representation in case of women and SC/STs representatives


respectively.
●● Even after 26 years of PRIs constitutional arrangement accountability provisions
ity

remain very feeble.


●● The subject of vagueness in the separation of functions and funds has permitted
concentration of powers with the states and thus limiting the elective councils who
are more conscious and sympathetic to the base level problems to take control.
m

Suggestions:
●● Genuine fiscal federalism i.e., economic self-government complimented by fiscal
)A

accountability can offer a long term answer without this PRIs will only be an costly
failure.
●● 6th report of 2nd ARC, “Local Governance- An inspiring journey into the future’’,
had suggested that there ought to be a clear-cut differentiation of roles of each
level of the government.
(c

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62 Constitutional History of India

●● States should assume the notion of ‘activity mapping’, in which each state plainly
Notes

e
outlines the duties and functions for the different levels of the administration in
respect to the subjects recorded in the Schedule XI.

in
●● The subjects should split and be allotted to the different levels on the foundation of
responsibility to the public.
●● States like Karnataka and Kerala have moved in this route but general progress

nl
has been extremely irregular.
●● There is need for bottom-up planning, particularly at the district stage, founded on
grassroots responses established from Gram Sabha.

O
●● Karnataka has formed a isolated bureaucratic cadre for Panchayats to escape
from the practice of deputation of officials who often overcome the voted
representatives.

ty
o Such practices should be imitated in other states for strengthening the true
nature of local self-governance.
●● The center also should financially incentivize states to inspire actual devolution to

si
the panchayats in roles, assets, and functionaries.
●● Training should be offered to local representatives to grow knowledge so that they
weigh in more in planning and application of policies and programmes.
●●
r
To resolve the issue of proxy representation social empowerment must come
ve
before political empowerment.
●● Rajasthan and Haryana, for example, have recently developed minimum
qualification requirements for Panchayat elections. Such required eligibility will aid
ni

in the improvement of the governance mechanism’s effectiveness.


●● These requirements should extend to MLAs and MPs as well, and the government
should accelerate efforts toward universal education in this direction.
U

●● There should be clear processes in place to ensure that states adhere to


constitutional requirements, especially in the appointment and implementation of
State Finance Commission recommendations (SFCs).
ity

1.3.4 Panchayat Level Administration and Development


The number of elected representatives in each Village Panchayat shall be equal to
the number of seats notified under sub-section (1) of section 6.
m

Persons chosen by direct election in compliance with the provisions of this Act shall
fill all seats in a Village Panchayat. Seats shall be reserved for Scheduled Castes and
Scheduled Tribes in every Village Panchayat.
)A

The quantity of seats kept under sub-section (3) will be decided by the Government
and the quantity of seats so decided shall accept, as soon as may be, the same
percentage to the total amount of seats in that Panchayat as the population of the
Scheduled Castes in that Panchayat locality or, as situation may be, of the Scheduled
Tribes in that Panchayat locality bears to the total Population of the Panchayat region,
(c

and such seats shall be given to the State Election Commission or an Officer authorized

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Constitutional History of India 63

by it under sub-section (1B) of section 10 by rotation to diverse populations in that


Notes

e
Panchayat region. Where the population of Scheduled Castes or Scheduled Tribes in a
Panchayat area is insufficient to qualify them for any seat reservation, one seat shall be
reserved in that Panchayat for the Scheduled Castes or Scheduled Tribes with a higher

in
population.

The Government shall reserve one-third of the total number of seats reserved

nl
under sub-section (4) for women belonging to the Scheduled castes or Scheduled
Tribes, as the case may be:

If the number of seats reserved for Scheduled Castes or Scheduled Tribes, as the

O
case may be, under sub-section (4) is one, that seat shall not be reserved for women
who are members of Scheduled Castes or Scheduled Tribes, as the case may be.

The Government shall reserve one-third [including the seats reserved under sub-

ty
section (5)] of the total number of seats in a Village Panchayat for women, and such
seats shall be allocated by rotation to different constituencies in the Village Panchayat
district by the State Election Commission or the Officer authorized by it under sub-
section (1B) of section 10.

si
Subsections (3) to (6) shall not be construed to exclude members of the Scheduled
Castes, Scheduled Tribes, or women from standing for election to non-reserved Village

r
Panchayat seats. A Village Panchayat has a President and Vice President who are
elected by the members of the Panchayat from among themselves.
ve
1.3.5 Three-tier Structure of Panchayati Raj
The Three-Tier System of Panchayati Raj in India is as follows:
ni

1. Village Panchayat:
The Village Panchayat is the lowest level of government. Each village, or a
U

community of villages, has its own Panchayat if the population of these villages is
too small. The Panchayat is primarily made up of members elected by the village’s
residents.
ity

Election to the Panchayat is only open to people who are registered voters and do
not hold any government position of benefit. Persons convicted of criminal offences by
a judge are ineligible to be elected to the Panchayat. If two women and one member of
the Scheduled Castes and Scheduled Tribes do not receive proper representation in the
normal course of events, they may be co-opted.
m

The Panchayat is accountable to the Gram Sabha, the village’s governing body,
which meets at least twice a year. Before the Gram Sabha, the Gram Panchayat must
present its budget, previous year’s accounts, and annual administrative report. It must
)A

also obtain the Panchayat’s approval of the village production plan, taxation plans, and
development programmes before they are implemented.

Per Panchayat elects a President, also known as the Sarpanch, and a Vice-
President, also known as the Upsarpanch. In some districts, the Sarpanch is elected
(c

directly by the Gram Sabha, either by show of hands or by secret ballot, while in others,
the Sarpanch is elected indirectly. In the Gram Panchayat system, the Sarpanch plays

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64 Constitutional History of India

a crucial role. He is in charge of overseeing and coordinating the Panchayat’s various


Notes

e
activities..

He serves as an ex-officio member of the Panchayat Samiti, participating in

in
decision-making as well as the election of the Pradhan and members of various
Standing Committees. He is the Panchayat’s executive head, serves as its
spokesperson in the Panchayat Samiti, and manages the Panchayat’s activities with

nl
those of other local organizations such as cooperatives.

The Panchayat Secretary and the Village Level Worker are the two officers
who support the Sarpanch in administration at the Panchayat level. The Panchayat

O
Secretary assists the Panchayat in recording decisions, holding minutes, preparing
budget estimates and reports, and performing a variety of other tasks such as preparing
notices, explaining circulars, and organizing Gram Sabha meetings, among others.

ty
The Village Level Worker, now known as the Village Development Officer, assists
the Panchayat in developing agricultural production plans, assists farmers in obtaining
agricultural loans, coordinates the supply of agricultural inputs such as seeds and
fertilizers, and educates farmers on modern agricultural practices. He is the main point

si
of contact between the Panchayat and the Panchayat Samiti.

He keeps the Panchayat aware about various development programmes and


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reports to the Panchayat Samiti on scheme progress and goal achievement. At the
Panchayat level, he reports to the Sarpanch, while at the Samiti level, he reports to the
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Block Development Officer and extension officers.

To cover their costs, Gram Panchayats may levy certain taxes and duties.
Animals, cars, houses, vacant lands, and occupations are among the taxes that Gram
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Panchayats can levy. They may also charge a fee for transferring or owning land in the
area under their jurisdiction.

Fees for bringing civil criminal cases before Panchayats, as well as fines for
U

violations of Panchayat rules, are sources of revenue. However, since the Panchayats’
responsibilities are so onerous, they must depend on the state government for
additional funds. Maintenance of roads, wells, schools, burning and burial grounds,
sanitation, public health, libraries, reading rooms, community center, and other
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functions are among the primary responsibilities of the Village Panchayat.

Births and deaths are also reported by the Panchayat. It includes provisions for the
promotion of agriculture and animal husbandry, as well as cottage CONTI industries,
co-operative societies, and other similar activities. The Village Panchayat also settles
m

minor disputes between village residents.

It aims to ensure a minimum level of agricultural output by ensuring a minimum


standard of cultivation. In addition, the Panchayat serves as the Panchayat Samiti’s
)A

agent in implementing village-level development plans.

2. Panchayat Samiti:
The Panchayat Samiti is the Panchayati Raj’s second tier of government.
(c

According to the Balwant Rai Mehta Committee report, the Samiti should be a
single representative and powerful democratic entity in charge of all aspects of rural

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Constitutional History of India 65

development. According to the Committee, the Samiti provides “an area large enough
Notes

e
for functions which the Village Panchayat cannot perform and yet small enough to
attract the interest and services of residents.”

in
A Panchayat Samiti usually consists of 20 to 60 villages, depending on the size
and population of the district. A Samiti’s average population is about 80,000 people,
but it can range from 35,000 to a million.The Panchayat Samiti normally consists

nl
of- (1) approximately twenty associates chosen by and from the Panches of all the
Panchayats within in the block region; (2) two women associates and one associate
each from the Scheduled Castes and Scheduled Tribes to be co- chosen, if they do
not get satisfactory representation otherwise; (3) two local individuals having knowledge

O
of public life and administration, which may be valuable for the rural growth; (4)
representatives of the Co-operatives employed within the authority of the block; (5) one
representative voted by and from the individuals of each small municipality within the

ty
geographical bounds of a block; (6) the associates of the State and Union governments
representing the region are to be procured as associate members.

The Pradhan is the President of the Panchayat Samiti, and he is elected by an

si
electoral college made up of all Panchayat Samiti representatives and all Gram
Panchayat falling within the areas. In addition to the Pradhan, the Up-pradhan is
chosen. The Panchayat Samiti meetings are convened and presided over by the

r
Pradhan. He assists the Panchayats in developing strategies and implementing
production programmes.
ve
He ensures that the Samiti’s and its Standing Committees’ decisions and
resolutions are carried out. He is in charge of the Vikas Adhikari (BDO) and his
employees on an administrative level. By virtue of his role as a Pradhan, he is a
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member of the Zilla Parishad. He is the ex-officio chairman of the Samiti’s Standing
Committees. The Block Development Officer, as the Panchayat Samiti’s Chief
Executive Officer, is responsible for putting the Samiti’s and Standing Committees’
resolutions into action. He plans the Samiti’s budget and presents it to the Samiti for
U

approval. His responsibilities also include preparing the Samiti’s annual report and
submitting it to the Zilla Parishad and the State Government. For his acts, he must
answer to the President of the Samiti.
ity

The Panchayat Samiti’s main job is to coordinate the activities of the various
Panchayats under its jurisdiction. The Panchayat Samiti is in charge of overseeing the
functioning of Panchayats and scrutinizing their budgets. It also reserves the right to
make recommendations for improving Panchayat functioning. The Samiti is in charge
m

of developing and implementing plans for the growth of agriculture, animal husbandry,
fisheries, small-scale and cottage industries, and rural health tropic etc.

On the surface, the Panchayat Samiti appears to be a powerful organization.


)A

However, the truth is very different. It has no autonomy in establishing special


programmes or construction projects of its own choosing. Its sole purpose is to carry
out the State Government’s directives on particular projects. Furthermore, in terms of
democratic decentralization, the primacy of the non-elected members of the Samiti
over the elected members is a parody of democracy. Despite all of this, the Panchayat
(c

Samiti cannot be denied as a launching pad for political leaders seeking higher
responsibilities at the district and state levels.

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66 Constitutional History of India

3. Zilla Parishad:
Notes

e
The Zilla Parishad is the top tier of the Panchayati Raj system’s three-tiered
structure. The Zilla Parishad is made up of representatives from the Panchayat Samiti,

in
all members of the State Legislature and Parliament who represent a part or all of the
district, and all district level officers from the Medical, Public Health, Public Works,
Engineering, Agriculture, Veterinary, and other development departments.

nl
There is also a provision for women, representatives of Scheduled Castes, and
Scheduled Tribes to receive special representation if they are not properly represented
in the normal course of events. The Collector is also a Zilla Parishad member. The

O
Chairman of the Zilla Parishad is chosen by the members of the Zilla Parishad. The
Zilla Parishad has a Chief Executive Officer. The State Government has assigned him
to the Zilla Parishad. Both states have subject matter experts or officers for different
planning programmes at the district level.

ty
The Zilla Parishad is primarily responsible for coordinating and supervising
activities. It is responsible for coordinating the activities of the Panchayat Samitis
that fall under its jurisdiction. In certain states, the Zilla Parishad also approves the

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Panchayat Samitis’ budgets.

The Zilla Parishad also provides the Government with necessary advice on the

r
implementation of various development schemes. It is also in charge of the upkeep of
primary and secondary schools, hospitals, pharmacies, and small irrigation projects,
ve
among other things. It also encourages the creation of local businesses and art.

The Zilla Parishad’s finances are made up of grants from the state government,
as well as a share of the land access and other local cess and taxes. The State
Government has sometimes permitted the Panchayat Samitis to levy such taxes or to
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increase the taxes already imposed by the Panchayat Samitis, subject to a cap.

1.3.6 Functions of Panchayat


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All Panchayati Raj Institutions carry out the duties outlined in state laws governing
panchayati raj. Some states differentiate between mandatory (compulsory) and
voluntary (optional) Gram Panchayat roles, whereas others do not.
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●● Village panchayats are required to perform civic functions such as sanitation,


road sweeping, minor irrigation, public toilets and lavatories, primary health care,
vaccination, drinking water supply, well construction, rural electrification, social
health, and primary and adult education, among others.
m

●● The panchayats’ resources determine the optional roles. They may or may not
carry out tasks such as tree planting along roadsides, cattle breeding centers,
child and maternity welfare, agricultural promotion, and so on.
)A

●● After the 73rd Amendment, the scope of functions of Gram Panchayat was
widened. Panchayats are now required to perform important functions such
as preparing an annual development plan for the panchayat district, an annual
budget, disaster relief, removing encroachment on public lands, and implementing
(c

and tracking poverty alleviation programmes.

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Constitutional History of India 67

●● Beneficiaries have been selected by Gram Sabhas, public distribution systems,


Notes

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non-conventional energy sources, enhanced Chullahs, and biogas plants in some
states.

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1.3.7 Functions of Panchayat Samiti
Panchayat Samitis are the nerve center of growth. Block Development Officers

nl
are in charge of them (B.D.Os). Agriculture, land improvement, watershed production,
social and farm forestry, technical and vocational education, and other functions are
entrusted to them.

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The second set of responsibilities relates to the execution of particular plans,
projects, or programmes for which funds have been set aside. It means that a
Panchayat Samiti is only allowed to spend money on that particular project. The
Panchayat Samiti, on the other hand, has the option of choosing the place or

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beneficiaries.

1.3.8 Functions of Zila Parishad

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Zila Parishad links Panchayat Samitis within the district.

●● It oversees their operations and plans their tasks.


●● r
It prepares district plans for submission to the State Government, including
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integrating Samiti plans into district plans.
●● The Zila Parishad is in charge of all development projects in the district.
●● It implements plans to boost agricultural production, develop groundwater
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supplies, expand rural electrification and distribution, and launch job-creating


programmes, as well as build roads and other public works.
●● It also performs welfare functions such as disaster relief and scarcity relief, the
U

establishment of orphanages and needy homes, night shelters, and women’s


welfare, children’s welfare, etc.
●● In addition, Zila Parishads carry out responsibilities delegated to them by the
federal and state governments. For example, the Jawahar Rozgar Yojna is a large
ity

centrally funded scheme in which money is provided directly to districts to be used


for job creation.

1.3.9 Role of Women in Panchayats


m

Since its inception, panchayats have been the foundation of grassroots democracy
in Indian villages. Gandhi favored the panchayati raj, and his vision was realized with
the passage of the Constitution (73rd Amendment) Act, 1992 (or simply the Panchayati
)A

Raj Act), which established a three-tier Panchayati Raj structure to ensure people’s
participation in rural reconstruction in general, and women’s participation in particular. It
was enacted on April 24, 1993, and went into effect on April 24, 1993.

Provisions for women in the Act:


(c

◌◌ The Act mandates that at least one-third of the total number of seats be reserved
for women (comprising the quantity of seats saved for the SCs and STs).

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68 Constitutional History of India

◌◌ In addition, women must hold at least one-third of the total number of


Notes

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chairperson positions in Panchayats at each district. At each level, this would
be rotated among different Panchayats..

in
◌◌ Role of Women in Panchayats:
◌◌ Participation in election: The Act mandates that at least one-third of the total
number of seats be reserved for women. It is an effort to increase women’s

nl
direct and indirect participation in the electoral process. It will be a breeding
ground for female politicians in national politics. Also ordinary women citizens’
involvement in various events, such as attending Gram Sabha meetings, has
reportedly increased (68-78 percent).

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◌◌ Participation in rural development: Women, from laborer’s to policymakers,
are actively engaged in rural development to the best of their abilities.
◌◌ Participation in decision-making: Women’s participation as elected and non-

ty
elected members is increasing as a result of women’s reservations. It serves
as a motivator for women to attend meetings. They give ideas for different
projects and issues that they are dealing with.

si
◌◌ Agent of social revolution: Women are working as reform agents in society,
speaking out against inequality and atrocities.
◌◌ Reducing corruption and violence: The nexus of officers and male elected
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officials is breaking down as a result of women representatives, which has a
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direct effect on eliminating corruption. Because of women’s active involvement
and recognition of their rights and influence, the presence of local muscle
power has diminished significantly.
◌◌ Reduction in violence against women: Domestic abuse has decreased
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significantly as a result of women pradhans or surpanches. Such abuse is


constantly addressed by these women leaders. Victims are also at liberty to
express their complaints to female leaders.
U

◌◌ Reduction in violence against Dalits: The upper caste patriarchs’ influence is


waning, and hence the shackles of caste are dissipating.
◌◌ Practicing participatory democracy: Growing engagement of marginalized
groups, especially women, is transforming our democratic system from
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representative to participatory democracy.


Difficulties faced by women representatives in Panchayati Raj System (PRS):

◌◌ Political interference in the operating of Panchayats.


m

◌◌ Women serve as proxies for men.


◌◌ Husband’s interference in the functioning of elected woman.
◌◌ Women in rural areas have a lack of political understanding.
)A

◌◌ Negative public perceptions of women’s leadership capacity.


◌◌ Illiteracy or low level of education among the women in rural areas is a
stumbling block.
◌◌ A scarcity of training opportunities, especially for female members.
(c

◌◌ Predominance of elected male Panchayat members.


◌◌ There has been an uptick in political-motivated violence against women.

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Constitutional History of India 69

Suggestions for effective participation of women in Panchayati Raj System


Notes

e
◌◌ Political parties meddle in Panchayat elections and operations, creating a
hostile atmosphere for female candidates and members. The government

in
should take firm action in response to such political party interference, and
elections should be held in a free and fair manner.
◌◌ In rural areas, women’s political consciousness is non-existent. It is the

nl
responsibility of the state government and local governments to educate and
inform women about political issues.
◌◌ Periodic special training and refresher courses for female members should be

O
held. It instils faith in them, as well as political knowledge and influence.
◌◌ The government should make special arrangements for female members,
giving them greater powers than their male counterparts and informing them
about their rights. It enables them to function more effectively and efficiently.

ty
◌◌ A provision should be made to honor and financially compensate female
members for their outstanding contributions.
◌◌ Reserved seat rotation can occur every 10 years at the very least. It will assist

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women leaders in establishing themselves in panchayats.
With the creation of PRIs in our nation, a woman now has the opportunity to

r
demonstrate her worth as a good administrator, decision-maker, or leader. In this
respect, the 73rd Constitutional Amendment Act of 1992 is a watershed moment.
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It gives women the opportunity to speak up. This experiment is proving to be a huge
success, particularly in terms of allowing women to leave their homes and engage
in administrative and political activities. However, in many parts of our world, this
structure has been seized by a small group of wealthy individuals. For the success
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of the Amendment’s clause, the government should provide additional financial,


administrative, or political assistance to women. In order to effectively enforce the
provisions of the 73rd Amendment, the government should promote research and
U

development.

Check your Understanding


Multiple Choice Questions:
ity

1. Which of the following Committee recommended that the three-tier system should be
replaced with a two-tier system?
(a) L M Singhvi Committee
m

(b) Balwant Rai Mehta Committee


(c) Ashok Mehta Committee
)A

(d) G V K Rao Committee


2. Which of the following Committee was appointed by the Government of India in 1986
with the main objective to recommend steps to revitalize the Panchayati Raj systems
for democracy and development?
(a) L M Singhvi Committee
(c

(b) Balwant Rai Mehta Committee

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70 Constitutional History of India

(c) Ashok Mehta Committee


Notes

e
(d) G V K Rao Committee

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Fill in the Blanks:
3. ______ is the primary body of the Panchayati Raj system.

nl
State True or False:
4. The Panchayati system in India is purely a post-independence phenomenon.

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Give one word:
5. A three-tier structure of the Indian administration for rural development.

Summary

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The Panchayati Raj is a system of local self-government in India that aims to
establish local self-government in districts, zones, and villages. Rural development is
one of Panchayati Raj’s key goals, and it has been implemented in all Indian states

si
except Nagaland, Meghalaya, and Mizoram, as well as all Union Territories except Delhi
and a few other places.

The Indian government set up a number of committees to look at the introduction of


r
self-government in rural areas and make recommendations on how to get there.
ve
Balwant Rai Mehta Committee, Ashok Mehta Committee, G V K Rao Committee,
and L M Singhvi Committee are among the committees that have been named.

The 73rd Amendment envisions the Gram Sabha as the cornerstone of the
ni

Panchayat Raj System, with the State Legislatures entrusting it with roles and powers.

Within the district, the Zila Parishad connects Panchayat Samitis. It oversees their
operations and plans their tasks. It creates district plans and incorporates Samiti plans
U

into district plans before submitting them to the state government.

Activity
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Try to visit some nearby village and find out how Panchayat functions over there.
Find out the views of the residents in that village. Discuss amongst colleagues about
their views, and write a summary on the topic.

Questions and Exercises


m

1. What are the recommendations given by Balwant Rai Mehta Committee?


2. Explain the significance of 73rd Amendment Act 1992.
)A

3. Describe the composition of Panchayats.


4. Describe Three-tier Structure of Panchayati Raj.
5. What are the functions of Panchayat Samiti?
(c

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Constitutional History of India 71

Glossary
Notes

e
●● Gram panchayat is a village level administrative body, with a Sarpanch as its
elected head.

in
●● Rural Business Hubs (RBHs), a Central Sector demand driven Scheme, is being
implemented for promoting businesses using raw materials/skills available in the
rural areas.

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Further Reading and Bibliography
http://secforuts.org/

O
www.niti.gov.in

Check your Understanding – Answers

ty
1. (c)
2. (a)
3. Gram Sabha

si
4. False
5. Panchayati Raj
r
ve
ni
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ity
m
)A
(c

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72 Constitutional History of India

Module-2: Advent of British


Notes

e
in
Chapter -2.1: Advent of British (1600-1765)
2.1.1 Colonial Advent in Indian History
2.1.2 Charter of 1669

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2.1.3 Charter of 1726

Chapter -2.2: The Company Rule (1773-1858)

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2.2.1 Regulating Act of 1773
2.2.2 Pitts India Act

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2.2.3 Charter Act of 1793
2.2.4 Charter Act of 1813
2.2.5 Charter Act 1833

si
2.2.6 Charter Act 1853

r
ve
ni
U
ity
m
)A
(c

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Constitutional History of India 73

Chapter -2.1: Advent of British (1600-1765)


Notes

e
Objective

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●● Colonial Advent in Indian History
●● Charter of 1669

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●● Charter of 1726

Introduction

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The (English) East India Company was entrusted with the English venture to India,
and it obtained monopoly trading rights in 1600. The corporation consisted of a group
of London merchants drawn by Eastern opportunities, which was not comparable to the

ty
Dutch company’s national character. It started with a capital that was less than a tenth
of that of the Dutch company. Its aim, like that of the Dutch, was to trade in spices,
and it began modestly, with single-voyage operations. In 1612, these separate voyages,
which were funded by groups of merchants within the company, were replaced

si
by terminable joint stocks, which covered operations for a set number of years. A
permanent joint stock was not formed until 1657.

r
The company’s primary goal was to acquire spices from the East Indies, and it only
went to India to secure cotton for sale to the spice growers. The Dutch were adamant
ve
in their resistance to the British East Indian enterprise, resulting in the massacre at
Amboina in 1623.

At the western Indian port of Surat, the English discovered the Portuguese
ni

enjoying Mughal praise. Despite Emperor Jahngr’s approval, the Portuguese order of
the sea nullified the English embassy to the Mughal court. The English victory over
the Portuguese at Swally Hole in 1612, whose dominance of the pilgrim sea route to
Mecca was resented by the Mughals, brought about a drastic shift. Sir Thomas Roe’s
U

(1615–18) embassy to the Mughal court resulted in an agreement (in the form of a
farmn, or grant of privileges) that gave the English the right to trade and build factories
in exchange for being the empire’s virtual naval auxiliaries. This achievement, combined
ity

with the Dutch expulsion of England from Indonesia during the same time span,
determined that India, not the Far East, should be the primary focus of English action in
Asia.

Throughout the 17th century, there was a period of peaceful trade through Mughal-
m

granted factories. Surat (1651) and Hugli (1651) in Bengal followed suit. In the south,
the factory at Masulipatam (1611) was relocated to the site of Madras (now Chennai),
which had been granted by a Hindu raja (1640); it was soon taken over by the sultans
of Golconda (1647), and then passed to the Mughals in 1687. The island port of
)A

Bombay (now Mumbai) was the only exception to this arrangement; despite being
independent, its trade was limited because the Marathas, who were soon engaged in
war with the Mughals, controlled the hinterland.

The company’s trade was vastly different from that of the DutchIt was a bulk trade
(c

rather than a trade in high-priced luxury goods; profits were based on volume rather
than scarcity; it operated under competitive rather than monopolistic conditions; and it
relied on political goodwill rather than coercion. Because of the smaller area covered
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74 Constitutional History of India

and the lack of military forces required to impose monopolies, the English trade
Notes

e
became more lucrative than the Dutch trade. However, it ran into its own problems. The
Indians would only accept silver in return for their products, and the sale of bullion was
antithetical to mercantilism, England’s dominant political economy at the time. Due to a

in
lack of military strength, Asian governments were managed rather than coerced. In the
absence of home superiority, compromise and chance were the order of the day.

nl
2.1.1 Colonial Advent in Indian History
The East India Company, also known as the English East India Company, was

O
an English company established for the exploitation of trade with East and Southeast
Asia and India, and was incorporated by royal charter on December 31, 1600. It was
formally known as the Governor and Company of Merchants of London Trading into the
East Indies (1600–1708) or the United Company of Merchants of England Trading into

ty
the East Indies (1708–1873).. From the early 18th century to the mid-19th century, the
company became interested in politics and served as an agent of British imperialism in
India, starting as a monopolistic trading company. Furthermore, the company’s activities
in China in the nineteenth century acted as a catalyst for the expansion of British power

si
in the country.

The company grew to account for half of the world’s trade, especially in basic
r
commodities such as cotton, silk, indigo dye, salt, spices, saltpetre, tea, and opium,
after being chartered as the “Governor and Company of Merchants of London Trading
ve
into the East-Indies.” The company was also in charge of the early days of the British
Empire in India.

The company gradually came to control vast swaths of India, assuming military
ni

and administrative responsibilities. After the Battle of Plassey in 1757, company rule in
India effectively began and lasted until 1858, when the Government of India Act 1858
resulted in the British Crown taking absolute control of India in the form of the modern
British Raj.
U

Despite constant government interference, the company’s finances were still in


trouble. The East India Stock Dividend Redemption Act of 1874 dissolved the company,
which had been made vestigial, powerless, and redundant by the Government of India
ity

Act a year before. The British Raj’s official government machinery had taken over its
governmental duties and absorbed its armies.

Origin of East India Company


m

Francis Drake embarked on an expedition from England in search of gold and


silver in Spanish settlements in South America in 1577. He not only accomplished this
in the Golden Hind, but he also sailed across the Pacific Ocean in 1579, which was
)A

then only known to the Spanish and Portuguese. Drake subsequently sailed into the
East Indies and encountered Sultan Babullah in the Moluccas, also known as the Spice
Islands. A large haul of exotic spices, including cloves and Nutmeg, was exchanged in
exchange for silk, gold, and silver, with the English initially unaware of their enormous
value. Drake returned to England in 1580 and became a hero; his subsequent
(c

circumnavigation earned a huge sum of money for England’s coffers, with investors
receiving a 5000 percent return. This was the beginning of a significant feature of late-
sixteenth-century eastern architecture.
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Constitutional History of India 75

The captured Spanish and Portuguese ships, along with their cargoes, allowed
Notes

e
English voyagers to theoretically travel the globe in search of riches soon after the
defeat of the Spanish Armada in 1588. A petition was submitted to Queen Elizabeth
I by London merchants requesting permission to sail to the Indian Ocean. The goal

in
was to deal a fatal blow to the Spanish and Portuguese monopolies on Far Eastern
trade. On 10 April 1591, Elizabeth granted her permission, and James Lancaster, in
the Bonaventure, sailed from Torbay to the Arabian Sea with two other ships on one of

nl
the first English overseas Indian expeditions. They preyed on Spanish and Portuguese
ships in the Malay Peninsula after sailing around Cape Comorin and returning to
England in 1594.

O
The capture of a huge Portuguese carrack, the Madre de Deus, by Sir Walter
Raleigh and the Earl of Cumberland at the Battle of Flores on 13 August 1592
galvanised English trade.. She was the largest vessel ever seen in England when she

ty
arrived in Dartmouth, with chests full of gems, pearls, gold, silver coins, ambergris,
silk, tapestries, pepper, cloves, cinnamon, nutmeg, benjamin (a tree that grows
frankincense), red dye, cochineal, and ebony. The ship’s rutter (mariner’s handbook),
which included critical information on the China, India, and Japan markets, was also

si
extremely useful. The English were enticed to participate in this opulent trade by these
riches.

r
Three more English ships sailed east in 1596, but all three were lost at sea. A year
later, however, came the arrival of Ralph Fitch, an explorer merchant who had travelled
ve
overland for fifteen years through Mesopotamia, the Persian Gulf, the Indian Ocean,
India, and Southeast Asia with his companions. Fitch was then consulted on Indian
affairs, and he provided Lancaster with even more useful knowledge.
ni

Formation of East India Company


A party of merchants assembled on September 22, 1599, to declare their intention
“to venture in the pretended voyage to the East Indies, and the amounts that they would
U

adventure,” investing £30,133 (over £4,000,000 in today’s money). Two days later,
“the Adventurers” got together again and decided to approach the Queen for help with
the mission. Despite the fact that their first attempt had been a failure, they sought the
Queen’s unofficial permission to proceed. They raised their resources to £68,373 by
ity

purchasing ships for their company.

The Adventurers met again a year later, on December 31, and this time they were
successful; the Queen granted a Royal Charter to “George, Earl of Cumberland, and
215 Knights, Aldermen, and Burgesses” trading into the East Indies under the name
m

Governor and Company of Merchants of London. The charter granted the newly
created corporation a fifteen-year monopoly on English trade with all countries east
of the Cape of Good Hope and west of the Magellan Straits. Traders who broke the
)A

charter without a license from the corporation risked losing their ships and cargo (half of
which went to the Crown, the other half to the company), as well as being imprisoned at
the “royal pleasure.”

The Court of Directors, which consisted of one governor and 24 directors or


(c

“committees,” was in charge of the company’s governance. They reported back to the
Court of Proprietors, which had named them. The Court of Directors received reports
from ten committees. According to legend, business was first conducted at the Nags

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76 Constitutional History of India

Head Inn in Bishopsgate, directly across from St Botolph’s church, before moving to
Notes

e
India House in Leadenhall Street.

A royal charter is an offical grant issued by a king under royal privilege as a patent

in
document.

Foothold in India

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In 1608, company ships docked in Surat, Gujarat. In 1611, the company opened
the first Indian factory in Masulipatnam, on the Bay of Bengal’s Andhra Coast, and a
second in Surat in 1612. The company’s high profits after landing in India initially

O
prompted James I to issue subsidiary licenses to other English trading companies.
However, in 1609, he extended the East India Company’s charter indefinitely, with the
caveat that the company’s rights would be revoked if trade was unprofitable for three
years in a row.

ty
In the Indian Ocean, English merchants often clashed with their Dutch and
Portuguese counterparts. In 1612, at Suvali in Surat, the company won a significant
victory over the Portuguese in the Battle of Swally. With official approval from both

si
Britain and the Mughal Empire, the company agreed to investigate the possibility of
establishing a territorial foothold in mainland India, and demanded that the Crown send
a diplomatic mission there.
r
Sir Thomas Roe was sent by James I in 1612 to meet with Mughal Emperor Nur-
ve
ud-din Salim Jahangir (r. 1605–1627) to negotiate a commercial treaty that would grant
the company exclusive rights to reside and build factories in Surat and other areas.
In exchange, the company promised to supply the Emperor with European market
products and rarities.
ni

Expansion of East India Company


The imperial patronage enabled the company to quickly expand its commercial
U

trading operations. It surpassed the Portuguese Estado da India, which had formed
bases in Goa, Chittagong, and Bombay (Bombay was later ceded to England by
Portugal as part of Catherine of Braganza’s dowry when she married King Charles II).
ity

The East India Company also launched a joint assault on Portuguese and Spanish
ships off the coast of China with the Dutch United East India Company (VOC), which
helped secure EIC ports in China. Surat (1619), Madras (1639), Bombay (1668), and
Calcutta (1668) were all trading posts for the company (1690). By 1647, the company
had 23 factories in India, each with a factor or master merchant and governor in charge,
m

and 90 workers. The main factories were Fort William in Bengal, Fort St George in
Madras, and Bombay Castle, which were all walled forts.

The Mughal emperor Jahangir welcomed English merchants to the Bengal area in
)A

1634, and in 1717, he completely waived customs duties for their trade. Cotton, silk,
indigo dye, saltpetre, and tea were the company’s mainstay products at the time. In the
meantime, the Dutch had extended their monopoly on the spice trade in the Straits of
Malacca by driving out the Portuguese in 1640–1641. The EIC and VOC entered an era
of intense rivalry as Portuguese and Spanish influence in the area waned, culminating
(c

in the Anglo-Dutch Wars of the 17th and 18th centuries.

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Constitutional History of India 77

The Dutch East India Company, or Vereenigde Oostindische Compagnie (VOC),


Notes

e
was the wealthiest commercial enterprise in the world during the first two decades of
the 17th century, with 50,000 employees worldwide and a private fleet of 200 ships. It
specialized in the spice trade and paid a 40% annual dividend to its shareholders.

in
Throughout the 17th and 18th centuries, the British East India Company competed
intensely with the Dutch and French for spices from the Spice Islands. Pepper, ginger,

nl
nutmeg, cloves, and cinnamon, for example, were only found on these islands at the
time, and they could carry income of up to 400 percent from a single voyage.

The rivalry between the Dutch and British East Indies Trading Companies was so

O
strong that it resulted in at least four Anglo-Dutch Wars:[33] 1652–1654, 1665–1667,
1672–1674, and 1780–1784. The Dutch Company maintained that profit had to cover
the expense of war, which came from profit-making trade. In 1635, Charles I granted Sir
William Courteen a trading license, allowing the rival Courteen association to trade with

ty
the east at any place where the EIC did not have a presence.

King Charles II gave the EIC (in a succession of five acts some time in 1670) the
privileges to self-directed territorial procurments, cast gold, control fortresses and armys

si
and forge alliances, make war and peace, and exercise both civil and criminal authority
over the acquired areas in an act aimed at strengthening the EIC’s control.

r
A Mughal fleet led by Sidi Yaqub invaded Bombay in 1689. The EIC conceded
in 1690 after a year of oppositon, and the company sent emissaries to Aurangzeb’s
ve
camp to ask for a forgivness. The emperor needed the company’s envoys to prostrate
themselves before him, pay a large indemnity, and pledge to behave better in the
future. The company re-established itself in Bombay and established a new base in
Calcutta after the emperor withdrew his troops.
ni

From Trading Company to Military Power


The company’s success enabled its officers to return to Britain and create
U

sprawling estates and businesses, as well as gain political power. In the English
parliament, the company established a lobby. A deregulation act was passed in 1694 in
response to pressure from ambitious tradesmen and former associates of the company
who wanted to create private trading firms in India.
ity

This permitted any English firm to trade with India unless expressly prohibited by
act of parliament, effectively nullifying the nearly century-old charter. When the East
India Company Act of 1697 (9 Will. c. 44) was put into effect in 1697, a new “parallel”
East India Company (formally titled the English Company Trading to the East Indies)
m

was started with a state-backed coverage of £2 million. The old company’s influential
stockholders rapidly invested £315,000 in the new concern, gaining control of the new
entity. For a long time, the two firms competed for a controlling share of the trade in
)A

both England and India.

It was immediately apparent that the original company faced almost no measurable
competition in operation. The companies combined in 1708 through a tripartite
indenture involving both the companies and the state, with Sidney Godolphin, 1st Earl
(c

of Godolphin, awarding the charter and agreement for the new United Company of
Merchants of England Trading to the East Indies. The combined firm agreed to lend
£3,200,000 to the Treasury in exchange for exclusive rights for the next three years,

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78 Constitutional History of India

during which the situation would be checked. The United Company of Merchants of
Notes

e
England Trading to the East Indies was formed as a result of the merger.

In the decades that followed, a relentless war raged between the corporate lobby

in
and Parliament. The company desired a permanent location, but Parliament was
unwilling to give it further control and thereby relinquish the ability to benefit from the
company’s revenues. The company’s status was renewed in 1712 by another statute,

nl
despite the fact that the debts had been paid. By 1720, India accounted for 15% of
British imports, with almost all of them passing through the company, reinforcing the
company lobby’s power. Another act from 1730 extended the license until 1766.

O
Britain and France were bitter rivals at this time. They engaged in frequent
skirmishes for control of colonial possessions. Fearing the financial implications of a
war, the British government decided to extend the deadline for the company’s permitted
exclusive trade in India until 1783 in exchange for another £1 million loan. The Seven

ty
Years’ War distracted the state’s attention from consolidating and defending its colonial
possessions in Europe and its colonies in North America between 1756 and 1763.

The conflict was fought on Indian soil between company troops and French forces.

si
The Pratt–Yorke opinion, issued in 1757 by the Crown’s Law Officers, distinguished
foreign territories gained by right of conquest from those acquired by private treaty.
Although the Crown of Great Britain had jurisdiction over both, only the property of the
r
former was vested in the Crown, according to the opinion.
ve
With the arrival of the Industrial Revolution, Britain leapfrogged its European
competitors. The need to support the troops and the economy during the war, as well
as increased availability of raw materials and effective production methods, boosted
demand for Indian commodities. Britain benefited from higher living standards as
ni

the birthplace of the revolution. Its ever-increasing period of growth, demand, and
development had a significant impact on international trade.

Sir John Banks, a Kent businessman who negotiated a deal between the king and
U

the corporation, started his career in a syndicate that arranged contracts for victualing
the navy, an interest he maintained for the rest of his life. He was well aware that the
Levant and Indian trades had made Samuel Pepys and John Evelyn wealthy.
ity

He rose through the ranks to become a director, and as governor of the East India
Company in 1672, he negotiated a deal that included a £20,000 loan and £30,000 worth
of saltpetre.

Debts were also settled, and the company was given permission to export 250
m

tons of saltpetre. In 1673, Banks successfully concluded another deal between the king
and the company for 700 tons of saltpetre at a cost of £37,000. Because of the strong
demand from the military, the authorities occasionally turned a blind eye to the untaxed
)A

sales. In 1864, one of the company’s governors was quoted as saying that he would
rather have the saltpetre made than pay the salt levy.

The French forces were defeated during the Seven Years’ War (1756–1763), which
restricted French colonial aspirations and stifled the Industrial Revolution’s presence in
French territories. The governor-general, Robert Clive, led the company to victory over
(c

Joseph François Dupleix, the commander of the French forces in India, and reclaimed
Fort St George. During this time, the company was able to capture Manila in 1762.

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Constitutional History of India 79

France recovered the five establishments lost by the British during the war
Notes

e
(Pondichéry, Mahe, Karaikal, Yanam, and Chandernagar) under the Treaty of Paris,
but was barred from erecting fortifications or maintaining troops in Bengal (art. XI).
Other parts of India, especially during the War of American Independence and up until

in
the capture of Pondichéry in 1793, at the start of the French Revolutionary Wars, the
French remained a military threat. Despite the fact that these small outposts remained
French possessions for the next 200 years, French aspirations on Indian lands were

nl
effectively put to rest, removing a significant source of economic competition for the
company.

In order to sell tea from its Asian colonies in American colonies, the East India

O
Company was given comparative advantages over colonial American tea importers. As
a result, demonstrators boarded British ships and threw the tea overboard, resulting in
the Boston Tea Party. Governor Thomas Hutchinson of the Province of Massachusetts

ty
Bay declined to allow the tea to be returned to Britain after demonstrators successfully
stopped the unloading of tea in three other colonies and in Boston. This was one of the
events that led to the American revolution and the colonies’ independence.

si
The EIC used a few hundred soldiers as guards during its first century and a half.
After 1750, when it had 3,000 regular soldiers, it began to expand rapidly. It had 26,000
residents in 1763 and 67,000 in 1778. It primarily enlisted Indian troops and equipped

r
them according to European standards. Instead of serving as a guard army, the East
India Company’s military arm soon evolved into a private corporate armed force that
ve
was used as a tool of geopolitical influence and expansion. The EIC became the most
strong military force on the Indian subcontinent as a result of this. The army was divided
into three Presidency Armies: Bengal, Madras, and Bombay, each with its own infantry,
cavalry, and artillery units as it grew in size. The navy grew substantially as well, with
ni

a greatly expanded fleet. While the majority of the fleet was made up of heavily armed
merchant vessels known as East Indiamen, it also included warships.
U

2.1.2 Charter of 1669


The East India Company was granted territorial jurisdiction for the first time in
1669 when the Charter of 1669 granted it the port of Bombay. It also strengthened its
ity

administrative, judicial, and other government functions. The East India Company was
also given civil and military authority.

2.1.3 Charter of 1726


m

The mayor court was created under two charters, one in 1687 and the other in
1726, both of which have different aspects. The charter of 1600 gave the organization
limited regulatory authority to make rules, statutes, and other regulations. These laws
)A

were to be fair and not contradict or be repugnant to England’s laws, legislation, or


customs. The organization was given the authority to try devotion cases and impose
fines and detention. The organization lacked the resources to deal with capital
offences and impose capital punishments (capital punishment and life detainment).
The organization was refused the ability to monitor capital offences such as murder,
(c

insurrection, and other similar crimes. In charter 1726, higher courts granted the
organization Judicial power to make rules, rebuff employees, and so on, with the
intention of ensuring that the organization’s work does not come to a halt and that

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80 Constitutional History of India

friends do not face misfortunes. The Crown established a Royal Commission to carry
Notes

e
out military law in order to maintain training among its employees. It applies to all
presidency towns under 1726, and only civil authority is applicable. In British India, the
rate of progress in the organization of equity can be divided into four distinct periods:

in
a. Early Administration of Justice until the Charter of 1726;
b. Organization of Justice from the Charter of 1726 until the Regulating Act of 1773;

nl
c. Organization of Justice from the Regulating Act of 1773 until the period of Unification
in 1861; and

O
d. From 1861 until the Independence in 1947.
The main goal of my research is to examine the roles of the Mayor Court, as well
as the improvements that the Mayor Court has brought to society and the merits and
demerits of the Mayor Court.

ty
Common Administration and Establishment of Mayor’s Court in Presidency
Towns: The Mayor and nine Aldermen of each Corporation formed the ‘Leader’s
Court,’ which was a Court of Record. It was given the option of selecting all common

si
cases and industrial facilities within the Presidency city. The majority was framed by
the Mayor and two other English Aldermen. In addition, the Court used testamentary
wardship. In the event of intestacy, it may be possible to obtain will probates and Letters
r
of Administration. The Court was supposed to meet no more than three days a week.
ve
The Governor and Council had a vested interest in the Mayor’s Court’s selection.
However, in cases involving the calculation of-topic over 1,000 pagodas, the King-in-
Council took a keener interest. The Mayor’s Court, as a Court of Record, has the power
to dismiss people for their contempt. The Sheriffs, who were initially appointed but then
ni

chosen annually by the Governor and Council, were to carry out the Court’s procedure.
The Charter of 1726 made no mention of the law to be applied in the Mayor’s Court,
but since the prior Charter of 1661 stated that equity was to be handled according
to English law, it was expected that the Mayor’s Court would follow a similar rule in
U

selecting cases. The Mayor and Aldermen served as a municipal court, while the Mayor
and three senior Aldermen served as Justices of Peace with criminal jurisdiction. The
majority was shaped by the Mayor and two Aldermen. The Court only met once every
ity

two weeks and decided criminal cases with the help of a jury. The court could impose
a detention or fine penalty. In criminal cases, where the guilty party was sentenced to
death or loss of appendage, offers from the Mayor’s Court lay to the Admiralty Court
to facilitate the estimation of the common case surpassed three pagodas, and in civil
cases, where the guilty party was sentenced to death or loss of appendage, offers from
m

the Mayor’s Court lay to the Admiralty Court to facilitate the estimation of the common
case surpassed three pagodas.

Court of Record: Since a Recorder was added to the Mayor’s court, it was referred
)A

to as a Court of Records. Since every member of the Mayor’s Court was a layperson
with no legal training. It handled equity “in a synopsis way as indicated by value, equity,
and great still, small voice,” as well as law enacted by the Company. Clearly, this would
result from vulnerability and a lack of continuity in the rules. In 1688, the Company
appointed Sir John Biggs, the Judge-Advocate of the Admiralty Court, as the Recorder
(c

of Mayor’s Court to provide the administrations of a man with valid knowledge. In


light of the fact that as a Judge-Advocate of the Admiralty Court, Sir John Biggs often

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Constitutional History of India 81

heard interests from the Mayor’s Court, with which he was associated as a Judge,
Notes

e
this arrangement of Sir John Biggs as a Recorder of the Mayor’s Court created an
inconsistency. Regardless, this oddity has not continued since Sir John Biggs passed
away in 1689, and the Company has not appointed a Recorder in the Mayor’s Court

in
since that time.

Mayor’s Court in 1687 and 1726:

nl
Before 1726, the British Settlement had a variety of legal systems in place, which
had grown in number by 1726. As a result, the many hirelings employed at such
unusual agreements were subject to different court arrangements. As a result, there

O
was a lack of continuity in British settlements for similar offences involving particular
and sometimes contradictory Penal Consequences. There was also another aspect that
limited the Company’s ability to provide a uniform regulation. The Company’s Mayer’s
Court and the Crown’s Mayor’s Courts, both formed under the Charter of 126, had a

ty
very important distinguishing feature. The following are the primary contrasts:

(1) The Company created the Mayor’s Court under the Charter of 1687, while the

si
Mayor’s Courts under the Charter of 1726 derived their energy directly from the
Crown. Along these lines, the latter had a better balance than the former.
(2) The Charter of 1687 established only one Mayor’s Court in Madras and did not
r
address the legal framework that prevailed in various settlements and administrations
under the Company. The Charter of 1726 established Mayor’ Courts in all three
ve
administrations, i.e., Madras, Calcutta, and Bombay, resulting in the creation of a
standardized legal system out of nowhere.
(3) Both common and criminal wards were valued by the Mayor’s Court, which was
ni

formed under the Charter of 1687. While the chairman’s courts established under
the Charter of 1726 were granted ward in common issues such as testamentary and
probate of wills, criminal issues were left to be decided by the Governor-in-Council,
which served as a court I issues.
U

(4) The Charter of 1726 established an arrangement for a spur-of-the-moment appeal


to the King-in-Council, which later became a forerunner of the Privy Council. As a
result of this Charter, the primary interest must be reported before the Governor-in-
ity

Council, and the secondary offer could be made to the King-in-Council in England
(despite the fact that this happens occasionally). Such a provision was not made
in the Charter of 1687. Under the watchful eye of the Admiralty Court, the Mayor’s
court’s interest should be registered.
m

(5) The Mayor’s Court, formed under the Charter of 1687, arranged for the representation
of locals on the court. The Crown’s Mayors Courts did not have such a representation,
but the Charter of 1726 included a provision for it.
)A

(6) Without a doubt, the Crown’s Mayor’s Courts established under the 1726 contract
were unquestionably unrivalled courts in terms of status, but the Company’s Mayor’s
Court was better equipped in terms of strict legal and valid procedures, as there was
an agreement for a legal advisor component known as the Recorder. Despite the fact
that the Charter of 1726 suggested that it would improve India’s legal system, it did
(c

not do so. As a result, the Courts formed in 1726 were mostly made up of Company
government employees who did not have sufficient involvement in legal issues.

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82 Constitutional History of India

(7) Another crucial distinction existed between the two Mayor’s Courts. The Company’s
Notes

e
Mayor Court devised its own system and divided equity according to the principles
of mental clarity, meaning, and a strong inner speech. It avoided the nitty-gritty
procedural specifics. Nonetheless, the Charter of 1726, which introduced British

in
laws to India, included all of the legal details of the British courts. The entire scope of
British laws and strategy were thus imposed on the Courts formed under the Charter
of 1726.

nl
(8) In criminal matters, the Charter of 1726 effectively abolished the concept of a division
between the official and the legal. The Governor-in-Council served as a criminal
court, while the Mayor’s Courts handled only routine matters such as testamentary

O
and probate of wills cases. The Mayor’s Court in Madras, on the other hand, was
given energy to deal with both civil and criminal matters, and bids from its options
were sent to the Admiralty Court rather than the Governor-in-Council. A Mayor’s

ty
Court, consisting of a Mayor and nine Aldermen, was also established by the Charter
of 1726 for each of the administration towns. Three of them, namely the Mayor or
senior Alderman, as well as two other Aldermen, had to be present to frame the
majority of the Court. The Mayor’s Courts have been declared open to the majority of

si
the Court. The Mayor’s Courts were declared to be record courts, with the authority
to attempt, hear, and rule on any and all common activities and supplications
among gatherings. The Court was also granted testamentary location id energy to
r
give letters of organization to the deceased individual’s rightful beneficiary. It was
ve
given permission to exercise its authority over all residents of the administration
and employees of the Company’s subordinate production lines. The benefits of the
Mayor’s Court decisions were reported in the Court of Governor and Council. In
cases involving 1000 pagodas or more, a claim may be made to the Lord in Chamber
in England at any time. In addition, the Governor and Council selected criminal
ni

cases.

Correlation Between the 2 Mayor Court:


U

Apart from the obvious similarity in titles, there was a significant difference between
the two Charters. The basic contrasts can be summarized as follows:

1. The Charter of 1687 was only for Madras, while the Charter of 1726 was for all three
ity

Presidencies.
2. The Mayor’s Court established under the Charter of 1726 had jurisdiction over civil
matters in addition to testamentary and probate matters, while the court established
under the Charter of 1687 had jurisdiction over criminal matters as well.
m

3. Under the Charter of 1687, appeals from the Mayor’s Court went to the Court of
Admiralty, while appeals from the Mayor’s Court under the Charter of 1726 went to
the King-in-Council.
)A

4. The Mayor’s Court of 1687 was a Court of the Company, while the Court of the
Crown was formed under the Charter of 1726.
5. The Mayor’s Court under the Charter of 1687 was superior in one respect: it had
a legal counsellor component known as the Recorder, while the Court under the
(c

Charter of 1726 had no such provision.

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Constitutional History of India 83

6. In procedural matters, the court under the Charter of 1726 had to keep an eye on the
Notes

e
details of the English courts, while the Court under the Charter of 1687 was led by its
own comfort strategy.

in
7. There was a lot of portrayal of Indians in the Court under the Charter of 1687, but
despite the provision for two Indian persons, none was ever assigned practically
speaking under the Charter of 1726.

nl
8. The criminal jurisdiction was fully restricted to the official, i.e., the Governor and
Council, under the Charter of 1726, while it had previously been shared with the
Mayor’s Court and the Admiralty Court

O
9. The Mayor’s Court of Madras established under the Charter of 1687 was a Company’s
Court, while the new Mayor’s Court established under the Royal Charter of 1726 was
a Crown Court.

ty
10. The preceding Charter of 1687 provided the Mayor’s Court both common and judical
authority, but the new Charter of 1726 instructed the Courts to attempt and judge
only common cases. In this sense, in comparison to the Charter of 1726, the Charter
of 1687 had a broader scope.

si
11. The Admiralty Court received interests from the Mayor’s Court under the Charter of
1687, while the Governor and Council received interests from the Mayor’s Court and

r
a moment advance to the Court of King-in-Council of England under the Charter of
1726. Whatever the case may be, there was no provision for second interests in the
ve
previous Charter of 1687.
12. The Mayor’s Courts established under the Charter of 1726 had testamentary
jurisdiction, which was not included in the Charter of 1687.
ni

13. The Mayor’s Court was to have a ‘Recorder,’ who was to be an expert legal counsellor
to prompt the court in valid issues, according to the Charter of 1687. The Recorder of
the Mayor’s Courts, founded under the Charter of 1726, was not a legitimate master,
U

and the Court’s judges were mostly laypeople with no legal training or experience. In
this regard, the Charter of 1687 was more aligned with the goals of equity than the
Charter of 1726.
14. The Madras Corporation, founded under the Charter of 1687, consisted of twelve
ity

Aldermen, three of whom had to be Englishmen. These Aldermen helped as Mayor


Court judges, but the new Businesses founded under the Charter of 1726 was made
up of nine Aldermen, seven of which were to be Englishmen. In this regard, the
current Mayor’s courts were much more English-dominant than the previous one.
m

2.1.4 Revolution in Bengal


Bengal’s revolution was sparked by a variety of unrelated factors. In 1755, with
)A

the Seven Years’ War looming, the British sent Clive and a fleet to Madras. Bengal
succession issues combined with British mercantile incompetence to create a crisis at
a time when the French in south India were still waiting for reinforcements from France.

In April 1756, Al Vard Khan, the nawab and virtual monarch of Bengal, passed
(c

away, bequeathing his power in the hands of his young grandson Sirj al-Dawlah.
Because of dissatisfaction among his soldiers, both Hindu and Muslim, and because
he was both headstrong and vacillating, the latter’s status was precarious. On June 20,

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84 Constitutional History of India

1756, he invaded and took Calcutta after a four-day siege based on an exaggerated
Notes

e
rumor that the British were fortifying the capital. The British governor and other
councilors fled, adding to the humiliation of defeat. The survivors were held in the
local jail, known as the Black Hole of Calcutta, for a night; many of them died the next

in
morning.

Madras was shaken by the news of the tragedy. A force intended to drive Bussy-

nl
Castelnau out of the Deccan was redirected to Bengal, giving Clive a force of 900
Europeans and 1,500 Indians. On January 2, 1757, he rescued the Calcutta survivors
and reclaimed the area. On February 9, a treaty with Sirj al-Dawlah was signed,

O
restoring the company’s rights, granting permission to fortify Calcutta, and declaring an
alliance.

In British Indian history, this was a watershed moment. Clive was supposed to
return to Madras to continue the war against the French, but he didn’t. He sensed Sirj

ty
al-aggression Dawlah’s and insecurity, and he started to receive overtures to support
a military coup. The opportunity to install a polite and obedient nawab seemed too
tempting to pass up. Clive made the right choice in Mr Jafar, an elderly general with

si
a lot of clout in the army, after making this decision. Clive was most likely inspired by
Bussy-example Castelnau’s at Hyderabad, where he had maintained himself with an
Indo-French force for six years, sustaining the nizam, albat Jang, and maintaining

r
French dominance in the largest south Indian state with outstanding results. Clive had
in mind for Bengal a scheme of a “sponsored” Indian state that was governed but not
ve
administered.

The chances of success seemed to be favorable. The case, on the other hand,
showed the contrary, and there were explanations for this that were not apparent at
ni

the time. The chiefs were so weak that they offered no resistance to British incursions.
External danger could only come from one direction and source: the Mughal authority,
which was in disarray at the time. Though Bussy-Castelnau was without French
merchants, British merchants in Calcutta were ready and willing to take advantage of
U

the situation. It’s easy to see how the supported state of 1757 became the practically
annexed state of 1765 since the British company’s government was entirely made up of
merchants.
ity

Clive took the French settlement of Chandernagore before breaking with Sirj al-
Dawlah, which the nawab had left to its fate lest he need British support to repel an
Afghan assault from the north. Clive’s resolute refusal to be overawed by superior
numbers, dissensions within the nawab’s camp, Mr Jafar’s inability to help his superior,
m

and Sirj al-own Dawlah’s lack of nerve determined the actual confrontation with Sirj
al-Dawlah at Plassey (June 23, 1757). Plassey was more of a bombardment than a
war. It was accompanied by Sirj al-flight Dawlah’s and execution, the occupation of
Murshidabad, the capital, and Mr Jafar’s installation as the new nawab.
)A

Clive was now in charge of a supported administration, and he was excellent at


it. The nawab’s inability to locate the promised hoarded treasure with which to fulfil his
financial commitments to the British prejudiced his status from the start. As a result, the
nawab sought financial assistance from his Hindu deputies, who were accustomed to
(c

saving. As a result, Clive had to interfere several times. In 1759, he defended Patna
from an assault by Al Gauhar (later Shah Lam II), the Mughal heir to the throne, who
hoped to improve his position in Delhi politics by acquiring Bihar. Clive also had to deal
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Constitutional History of India 85

with the Dutch, who, frightened by the rise of British power in Bengal and hearing of
Notes

e
Mr Jafar’s unrest, dispatched a six-ship armament to their station at Chinsura on the
Hooghly River. Despite the fact that Britain and the Netherlands were at peace at
the time, Clive persuaded the Dutch to commit acts of violence, captured their fleet,

in
defeated them on land, and demanded compensation. They kept Chinsura, but they
were never able to challenge the British in Bengal again.

nl
Clive left Calcutta on February 25, 1760, at the height of his success and just 34
years old, with hopes of pursuing a political career in England. The nawab was entirely
reliant on the British, to whose trade the rich resources of Bengal had now become
available. But the future was not as promising as it seemed, and Clive bore direct

O
blame for this, as well as the problems that ensued over the next few years. Two steps
thwarted a supported state’s scheme, resulting in the bankruptcy of the company on the
one hand and the virtual annexation of Bengal on the other. The first was an agreement

ty
with Mr. Jafar, which was not stated in the treaty, that company employees’ personal
domestic trade (i.e., trade within India) would be excluded from the regular tolls and
customs duties. The company’s trade with Europe had been excluded from such taxes
since 1717, but extending such concessions to individual employees—or anyone else

si
with an exemption pass (dastak)—was a financial failure, as the pass scheme was
widely abused. Local Indian merchants soon found themselves unable to compete
against competitors with such an advantage, and the company was soon out-positioned
r
by its own workers (who received little compensation from the company and depended
ve
on their own business skills to make ends meet). Many company workers switched
from free trade to coercion, hiring agents who used the British name to terrorise the
countryside and infringe on the monopoly.

The recognition of gifts was the second criterion. This was not prohibited by the
ni

corporation and was, in effect, a widely accepted practice; nevertheless, it opened


the floodgates to corruption. Following the city’s capitulation, huge sums were paid to
the armed forces and business leaders based on rumors about the vast sums in the
U

Murshidabad treasury. Clive also received a second Mughal title and claimed a revenue
assignment, or jgr, for its upkeep, which was worth a substantial amount per year. In
today’s terms, these grants amounted to about a quarter of the average annual Bengal
revenue and about 6% of Great Britain’s annual revenue at the time. With such a
ity

forceful opening of the floodgates, it’s no surprise that the company’s other servants
demanded more almost as a matter of course, and that the company’s directors in
London, with relatives and contacts on the ground, preferred verbal denunciations to
some firm or sustained action. The consequences were quickly evident when the
Murshidabad treasure turned out to be just a fraction of its rumored worth, forcing the
m

nawab to sell jewels, goods, and furniture to fulfil his obligations, as Clive later admitted
to a parliamentary inquiry. The consequences of these policies played out over the next
decade and were felt for a century.
)A

The extension of British power, 1760–1856


The departure of Clive marked the liberation of the company’s Bengal servants’
acquisitive impulses. The governor, Henry Vansittart (who served from 1760 to 1764),
(c

found himself unable to restrain his impulses. He had only one vote in a council of up to
a dozen men, and he could be overruled by any knot of decided men, according to the
company’s constitution. During these years, a group of British traders, long estranged

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86 Constitutional History of India

from British values and social constraints, found themselves unexpectedly in control of
Notes

e
a vast and prosperous province. It’s not shocking that they were mostly concerned with
becoming wealthy quickly.

in
The deposition of the nawab, Mr Jafar, on the grounds of old age and
incompetence was the first step. After paying a large gratuity to the company and to
Vansittart directly, he was replaced by his son-in-law, Mr Qsim. He also handed over

nl
the districts of Burdwan, Midnapore, and Chittagong to the British. Both sides desired
control, and both sides lacked financial resources. The nawab had lost a significant
amount of land revenue as well as lucrative tolls on private trade between British
merchants; the company received no remittances from Britain because the directors

O
believed Bengal could pay for itself. It was unavoidable that they would collide.

Mr Qsim moved his capital to Munger, a remote spot where he could not be easily
watched, affirmed his power in the districts, and built a well-organized force under the

ty
authorithy of an Armenian general. He then turned to the company and struck a deal
with Vansittart, in which the company’s merchants would pay a 9 percent ad valorem
tax, compared to a 40 percent Indian merchant duty. The Calcutta council retaliated

si
by lowering the company’s duty to 2.5 percent and limiting it to salt only. After being
defeated in four pitched battles, Mr Qsim murdered his Indian bankers and British
prisoners and fled to Avadh in 1763. Mr Qsim returned the following year with Emperor

r
Shah Lam II and his minister Shuj al-Dawlah, only to be defeated at the Battle of Buxar
(Baksar). Rather than Plassey, the conflict was the decisive battle that handed Bengal
ve
to the British.

In London, these incidents were regarded with increasing concern. The


announcement of the Mr Qsim campaign coincided with Clive’s faction’s win in the
ni

business over Lawrence Sulivan’s. Clive used it to name himself governor, with the
authority to rule over the council’s head; he aimed for institutional reform and a political
solution. When he arrived in May 1765, he discovered that the British victory at Buxar
had given him Shahlam, but had also left him in a state of deep confusion in other areas.
U

Mr. Jafar had been returned to power, but he died soon after; his second son took over
after lavishing gratuities on the business. The British merchants and their agents were the
Bengal economy’s unstoppable predators, and no one knew what to do next.
ity

Clive acted with a great deal of zeal. He formed a Select Committee within four
days of his arrival, and when he left less than two years later, he had brought about
another revolution. Clive had to determine when to stop when it came to India’s political
situation. No one stood in his path to Delhi, and he could have transformed the entire
m

Mughal Empire into a corporate-sponsored state at that point. However, he realized


that having Delhi was easier than keeping it. He established his border between Bihar
and Avadh. Shahlam was granted the districts of Kora and Allahabad, and he settled in
Allahabad, receiving a tribute (or subsidy) from Bengal equal to approximately 10% of
)A

the projected revenue. In exchange for paying the troops involved and receiving a cash
indemnity, Shujal-Dawlah received Avadh back with a guarantee of its protection. These
two were supposed to act as a barrier between the company and the Marathas, as well
as any potential northern marauders.
(c

The next move for Clive was to determine Bengal’s own status. The Mughal
emperor still had a lot of clout, even if he didn’t have much money, so his utter disdain

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Constitutional History of India 87

for the business may have done more harm than good. Clive’s response was to acquire
Notes

e
the “dewanee,” or revenue-collecting force, in Bengal and Bihar from Shah Lam (the
company thus became the imperial divan [dwn] for those two provinces). The nawab
was put in charge of the judiciary and magistracy, but he was powerless because he

in
lacked an army and could only rely on the company for funds to raise one.

This was Clive’s “dual government” structure. The actual administration remained

nl
in Indian hands, and for supervision, Clive appointed Muammad Ri Khan, a deputy
divan who was also named the nawab’s deputy. As a result, the chain was complete.
Bengal was now ruled by the corporation, which acted in the name of the emperor and
used Indian staff and conventional government apparatus. Ri Khan was the company’s

O
agent, and the experiment’s success hinged on his efficiency and the governor’s
support.

Clive enforced his authority within the corporation by accepting some resignations

ty
and enforcing others. Gifts worth more than 4,000 rupees were prohibited, and those
worth between that amount and 1,000 rupees could only be accepted with official
permission.Private trade enforcement was more complex because the company paid

si
almost no wages. Clive formed a Society of Trade, which regulated the salt monopoly,
to provide graded salaries; however, the company directors disallowed this due to cost,
and two years later they replaced it with sales commissions, which cost the company

r
more. Finally, Clive dealt ruthlessly with out-of-control military allowances, putting down
a mutiny led by a brigade commander. He used a bequest from Mr. Jafar to establish
ve
the Indian army’s first pension fund.

In February 1767, Clive left Calcutta. His diplomatic, political, and administrative
work was more of a start than a complete solution. However, instead of looking back
ni

to the past, it reached out to the future in each direction. This period of creativity came
at a high cost. Clive was pursued by his enemies to England, where they launched a
parliamentary assault that was triumphantly repulsed in 1773, but led to his suicide the
following year.
U

It’s worth noting how the company’s servants enriched themselves to the point that
they harmed Bengal’s economy, and those who returned to Britain became a symbol
of opulence. Apart from the great political prizes already listed, all of the company’s
ity

servants were engaged in private trade on their own dime. They were able to leverage
their trade with little difficulty thanks to their new authority and the company’s control.
They had the ability to intimidate Indian rivals such as indigo growers and Indian police,
customs, revenue, and judicial officials (through their agents). The price Indians had
m

to pay for freedom from abuse was gifts and bribes. They were able to arrange virtual
monopolies for specific articles in specific districts, setting a low buying price as well as
a high sale price, thanks to their connections with the administration. They might set up
commissions on revenue collection, mercantile sales, and every other type of business
)A

transaction. What couldn’t be achieved by agents could be done by intermediaries,


who, of course, were paid separately. As a result, a man could make a fortune, lose it
in Britain, return for another, lose it again, and so on. From the time of Clive’s second
governorship onwards, there was a growing sense that prospects for fast fortunes were
dwindling.
(c

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88 Constitutional History of India

Check your Understanding


Notes

e
Multiple Choice Questions:

1. Alī Vardī Khan, the nawab and virtual ruler of Bengal, died in April 1756, leaving his

in
power to his young grandson ______.
(a) Jalaluddin

nl
(b) Sirāj al-Dawlah
(c) Shershah
(d) Dawlan

O
2. The Charter of 1687 connected to ______ just while the Charter of 1726 connected
to all the three Presidencies.
(a) Mumbai

ty
(b) Madras
(c) Myanmar

si
(d) Moradabad

Fill in the Blanks:


3. r
The Mayor’s court constituted a ______ since a Recorder was additionally appended
ve
to the Court.

State True or False:


4. The Mayor and nine Aldermen of every Corporation framed a Court of Record which
ni

was known as the ‘Leader’s Court’.

Give one word:


U

5. A fundamental and relatively sudden change in political power and political organization
which occurs when the population revolts against the government, typically due to
perceived oppression (political, social, economic) or political incompetence.
ity

Summary
The East India Company was established on December 31, 1600, by royal charter,
to exploit trade with East and Southeast Asia and India. From the early 18th century
to the mid-19th century, the company became interested in politics and served as
m

an agent of British imperialism in India, starting as a monopolistic trading company.


Furthermore, the company’s activities in China in the nineteenth century acted as a
catalyst for the expansion of British power in the country.
)A

The EIC used a few hundred soldiers as guards during its first century and a half.
After 1750, when it had 3,000 regular soldiers, it began to expand rapidly. By 1763,
it had 26,000; by 1778, it had 67,000. It primarily recruited Indian troops and trained
them according to European standards. Instead of serving as a guard army, the East
India Company’s military arm soon evolved into a private corporate armed force that
(c

was used as a tool of geopolitical influence and expansion. The EIC became the most
strong military force on the Indian subcontinent as a result of this. The army was divided

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Constitutional History of India 89

into three Presidency Armies: Bengal, Madras, and Bombay, each with its own infantry,
Notes

e
cavalry, and artillery units as it grew in size.

The mayor court was created under two charters, one in 1687 and the other in

in
1726, both of which have different aspects.

Bengal’s revolution was sparked by a variety of unrelated factors. In 1755, with


the Seven Years’ War looming, the British sent Clive and a fleet to Madras. Bengal

nl
succession issues combined with British mercantile incompetence to create a crisis at
a time when the French in south India were still waiting for reinforcements from France.

The Battle of Plassey was fought on June 23, 1757, between the armies of Siraj-

O
ud-daula and Clive. There could be no distinction between the enemies’ respective
armies.

ty
Activity
Write an essay on what were the interests of East India Company at the initial
stages of invasion in India. Do you think they had the interest of conquest? Discuss

si
amongst your colleagues.

Questions and Exercises


1.
r
Write briefly on expansion of East India Company.
ve
2. Explain the Charter of 1726.
3. Write briefly on Revolution in Bengal.
4. Write short note on Battle of Plassey in 1757.
ni

5. What were the Causes and Results of the Battle of Plassey?

Glossary
U

●● Revolution is a fundamental and relatively sudden change in political power


and political organization which occurs when the population revolts against the
government, typically due to perceived oppression (political, social, economic) or
political incompetence.
ity

Further Reading and Bibliography


www.historytoday.com

www.thehindu.com
m

Check your Understanding – Answers


1. (b)
)A

2. (b)
3. Court of Records
4. True
(c

5. Revolution

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90 Constitutional History of India

Chapter - 2.2: The Company Rule (1773-1858)


Notes

e
Objective

in
●● Regulating Act of 1773
●● Pitts India Act

nl
●● Charter Act of 1793
●● Charter Act of 1813
●● Charter Act 1833

O
●● Charter Act 1853

Introduction

ty
The Company of Merchants of London Trading into the East Indies was
established in 1600 as The English East India Company (“the Company”). With
the establishment of a factory in Masulipatnam on India’s eastern coast in 1611 and

si
the Mughal emperor Jahangir’s grant of the rights to build a factory in Surat in 1612,
it established a foothold in India. In 1668, the Company leased Bombay Island, a
former Portuguese outpost near Surat that had been granted to England as a dowry
r
in Catherine of Braganza’s marriage to Charles II. In 1690, the First Anglo-Mughal
ve
War came to an end. Two decades later, the Company developed a presence on the
eastern coast as well, with a factory in Calcutta located in the Ganges river delta. Since
other companies—established by the Portuguese, Dutch, French, and Danish—were
also expanding in the area at the same time, the English Company’s unremarkable
ni

beginnings on the Indian subcontinent gave no indications of what would become a


long existence on the continent.

Company rule in India signifies the rule or power of the British East India Company
U

on the Indian subcontinent.

The Company’s victories at the Battle of Plassey in 1757 and the Battle of Buxar
(in Bihar) in 1764 strengthened the Company’s strength and persuaded Emperor Shah
ity

Alam II to name it as the diwan, or revenue collector, of Bengal, Bihar, and Orissa.
By 1773, the Company had established itself as the de facto ruler of vast swaths of
the lower Gangetic plain. The Company abolished the nizamat (local rule) in 1793. It
seized complete control of the Bengal-Bihar area, and the Nawabs were reduced to
mere Company pensioners. It also gradually expanded its sphere of influence around
m

Bombay and Madras. It controlled large areas of India south of the Sutlej River after
the Anglo-Mysore Wars (1766–99) and the Anglo-Maratha Wars (1772–1818). After the
Marathas were defeated, no other native force posed a threat to the Company.
)A

The Company’s influence was primarily expanded in two ways. The annexation
of Indian states and subsequent direct rule of the underlying areas, which came to be
known as British India, was the first of these. The North-Western Provinces (containing
Rohilkhand, Gorakhpur, and the Doab) (1801), Delhi (1803), Assam ([Ahom Kingdom]
(c

1828), and Sindh were among the territories annexed (1843). After the Anglo-Sikh Wars
in 1849–56 (during the tenure of Marquess of Dalhousie as Governor General), Punjab,
North-West Frontier Province, and Kashmir were annexed; however, Kashmir was

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Constitutional History of India 91

immediately sold to the Dogra Dynasty of Jammu under the Treaty of Amritsar (1850),
Notes

e
and became a princely state. Berar was annexed in 1854, followed by the state of Oudh
two years later.

in
Treaties in which Indian rulers recognized the Company’s superiority in exchange
for minimal internal control were the second method of asserting power. Due to financial
constraints, the Company had to provide political foundations for its law. During the

nl
first 75 years of Company rule, the most significant source of support was subsidiary
alliances with Indian princes. The territories of these princes accounted for two-thirds of
India in the early nineteenth century. When an Indian king who was able to defend his
territories decided to form such an alliance, the Company accepted it as a cost-effective

O
method of indirect rule that avoided the economic and political costs of securing the
support of foreign subjects.

ty
Expansion of the East India Company
Following the fall of the Mughal Empire in the first half of the 18th century, the
region that is now modern India was severely divided.

si
Chronology
●●
r
1757: 24 Parganas of the Sundarbans seized to Clive following the Battle of
Plassey.
ve
●● 1760: Northern Circars occupied.
●● 1765: After defeating the Nawab Wazir of Oudh at the Battle of Buxar, Major
Hector Munro “obtained from the emperor” Shah Alam II the diwani, or authority of
ni

funds collection, of Bengal, Bihar, and Orissa.


●● 1773: From the Raja of Banares, “New territories acquired”.
●● 1775: Nawab of Ghazipur conquered.
U

●● 1795: At the Battle of Kharda, Asaf Jah II the Nizam of Hyderabad was
overthrown, after the Maratha-Mysore War.
●● 1799: Decline of Mysore after Siege of Seringapatam (1799); Nawab of Kadapa
ity

and Nawab of Kurnool captured.


●● 1801: Nawab of the Carnatic (of Arcot and Nellore), Nawab of Junagarh, and
Rohilkhand of Lower Doab seized.
m

●● 1803: Rohilkhand of Upper Doab seized; no struggle from the Emperor; Nawab of
Bhawalpur consents boundaries with British India.

Regulation of Company rule


)A

The East India Company zones in India, which was mostly made up of the
presidency cities of Calcutta, Madras, and Bombay, were mostly self-governed—and
periodically uncontrollable—town councils involved merchants until Clive’s victory at
Plassey. The councils barely had enough power to manage their local affairs effectively,
(c

and the resulting lack of oversight of the Company’s overall operations in India resulted
in some serious abuses by Company officers and their allies. Clive’s victory, as well
as the awarding of the diwani of Bengal’s rich region, thrust India into the public eye
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92 Constitutional History of India

in the United Kingdom. The Company’s income management habits were distrusted,
Notes

e
particularly as it started to declare net losses, even as some Company servants,
the “Nabobs,” returned to Britain with large fortunes, which had been acquired
unscrupulously, according to rumors at the time. By 1772, the Company needed British

in
government loans to stay afloat, and Londoners were worried that the Company’s
corrupt practices would soon infiltrate British business and public life. The British
government’s rights and responsibilities in relation to the Company’s new territories

nl
were also examined. The British parliament then held several inquiries before passing
the Regulating Act in 1773, during the premiership of Lord North, which established
regulations, “for the better Management of the Affairs of the East India Company, as

O
well in India as in Europe”.

Despite the fact that Lord North wanted the Company’s territories to be taken over
by the British state, he was met with fierce political opposition from a variety of quarters,

ty
as well as some in London and the British parliament. The result was a compromise in
which the Regulating Act asserted that the Company could act as a sovereign power
on behalf of the Crown, despite the fact that it implied the ultimate sovereignty of the
British Crown over these new territories. It could do so while still being subject to British

si
government and parliament oversight and regulation. The Act required the Company’s
Court of Directors to submit all communications concerning civil, military, and revenue
matters in India to the British government for review. The act established the supremacy
r
of the Presidency of Fort William (Bengal) over the Presidency of Fort St. George
ve
(Madras) and Bombay in the governance of Indian territories. It also appointed a
Governor-General (Warren Hastings) and four councilors to oversee the administration
of the Bengal Presidency (and the Company’s operations in India).

The India Act of 1784, enacted by William Pitt, established a Board of Control in
ni

England to oversee the East India Company’s affairs and prevent the Company’s
shareholders from interfering in India’s governance. The Board of Control was made
up of six members, including one British cabinet Secretary of State and the Chancellor
U

of the Exchequer. Around this time, there was also a lot of debate in the British
Parliament about landed rights in Bengal, with a growing consensus in favor of Philip
Francis’s position, which was that all lands in Bengal should be considered the “estate
and inheritance of native land-holders and families,” as advocated by Philip Francis, a
ity

member of the Bengal council and Warren Hastings’ political adversary.

The India Act itself logged multiple grievences that “divers Rajahs, Zemindars,
Polygars, Talookdars, and landholders had been unjustly deprived of, their lands,
jurisdictions, rights, and privileges, due to Company servants’ abuse and corruption
m

in Bengal.” At the same time, the Company’s directors were leaning toward Francis’s
position that the Bengal land-tax should be fixed and permanent, paving the way for
the Permanent Settlement. The India Act also established a number of administrative
)A

and military positions in each of the three presidencies, including a Governor and
three Councilors, one of whom was the Commander in Chief of the Presidency army.
Although the Governor-General-in-supervisory Council’s powers in Bengal (over
Madras and Bombay) were expanded—as they were again in the Charter Act of 1793—
the subordinate presidencies retained some autonomy until the next century, when both
(c

British possessions became contiguous and faster communications became available.

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Constitutional History of India 93

Still, Lord Cornwallis, the new Governor-General appointed in 1786, not only
Notes

e
had more influence than Hastings, but he also had the help of Henry Dundas, the
Secretary of State for the Home Office, who was in charge of the overall India policy.
Since 1784, the British government has had the final say on all major appointments in

in
India; a candidate’s suitability for a senior role was mostly determined by his political
connections rather than his administrative ability. While several Governor-General
candidates were chosen from Britain’s conservative landed gentry, some liberals, such

nl
as Lord William Bentinck and Lord Dalhousie, were also chosen.

The attempted impeachment of Warren Hastings influenced British political opinion


as well; the trial began in 1788 and ended in 1795 with Hastings’ acquittal. While

O
Edmund Burke was in charge of the campaign, it drew support from within the British
government. Burke accused Hastings of not only corruption, but also of behaving
entirely on his own discretion, without regard for the law, and of willfully causing distress

ty
to others in India, invoking universal principles of justice. Defenders of Hastings argued
that his acts were in keeping with Indian customs and traditions. Despite the fact that
Burke’s speeches at the trial attracted cheers and drew attention to India, Hastings was
acquitted, thanks in part to the resurgence of nationalism in Britain following the French

si
Revolution. Burke’s efforts, however, had the effect of instilling a sense of obligation for
the Company’s dominion in India in British public life.

r
Soon, rumours circulated among London merchants that the East India Company’s
monopoly, granted in 1600 to aid its rivalry against the Dutch and French in a distant
ve
area, was no longer needed. In response, the British Parliament renewed the
Company’s charter but ended its monopoly on tea and trade with China in the Charter
Act of 1813, opening India to both private investment and missionaries. The British
Crown and Parliament expanded their oversight of Indian affairs as British influence
ni

in India grew. By the 1820s, British nationals could conduct business or participate in
missionary work in the three presidencies while being protected by the Crown. Finally,
the British Parliament abolished the Company’s monopoly in the China trade and made
U

it an agent for the administration of British India under the terms of The Saint Helena
Act 1833. The Bengal Governor-General was renamed the Governor-General of India.
Exclusive legislative powers were granted to the Governor-General and his executive
council for all of British India.
ity

2.2.1 Regulating Act of 1773


The Regulating Act of 1773 (officially known as the East India Company Act 1772)
was enacted by the British Parliament to overhaul the East India Company’s rule in
m

India. As a result of the Act’s failure to provide a long-term solution to questions about
the company’s affairs, Pitt’s India Act was enacted in 1784 as a more drastic overhaul.
It was the country’s first step toward parliamentary oversight of the business and
)A

centralized administration.

The East India Company was in serious financial trouble by 1773. Since it was
a monopoly trading company in India and the east, and many prominent people
were shareholders, the company was important to the British Empire. The Company
(c

paid the government £400,000 (equivalent to £46.1 million today) a year to keep the
monopoly, but had been unable to fulfil its obligations since 1768 due to the loss of
tea sales to America. Smuggled Dutch tea made up about 85% of all tea consumed in

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94 Constitutional History of India

the United States. The East India Company owed money to the Bank of England and
Notes

e
the government, and it had 15 million pounds (6.8 million kg) of tea rotting in British
warehouses, with more on the way from India. The Tea Act 1773 complemented the
Regulating Act 1773, with the primary goal of growing the vast amount of tea owned

in
by the financially distressed British East India Company in its London warehouses and
assisting the financially struggling company in surviving.

nl
With the Regulating Act, Lord North agreed to reform the India Company’s
management. This was the first step toward the eventual rule of India by the
government. The Act established a framework for overseeing (regulating) the East India
Company’s operations.

O
The company had taken over vast swaths of India for trade purposes, and it
had its own army to defend its interests. Since company men were not trained to
rule, the North’s government began to exert power over India, which was of national

ty
significance. The Act was opposed by the Company’s shareholders. Despite its financial
difficulties, the East India Company remained a strong lobbying force in Parliament.

si
Provisions of the Regulating Act
●● The Act restricted Company dividends to 6% till it reimbursed a £1.5m loan
(approved by an associated act, 13 Geo. 3 c. 64) and limited the Court of Directors
to four-year periods. r
ve
●● Initial step taken by the British government to normalize and control the company’s
business in India.
●● It banned the help of the company from participating in any private exchange or
receiving gifts or bribes from the “natives”.
ni

●● The Act elevated Warren Hastings, the Governor of Bengal, to Governor-General


of Bengal, and brought Madras and Bombay under Bengal’s jurisdiction. It laid
the groundwork for India’s centralized government. With the support of a four-
U

member executive council, the Governor of Bengal became the Governor General
of Bengal. Decisions would be made by majority and Governor General could only
vote in there was a tie.
ity

●● The Act appointed four extra men to aid with the Governor-General on the
Supreme Council of Bengal: Lt-Gen John Clavering, George Monson, Richard
Barwell, and Philip Francis.
●● At Fort William in Calcutta, a supreme court was created. Judges from the United
m

Kingdom were to be sent to India to administer the British legal system there.

2.2.2 Pitts India Act


)A

The British Government approved the Pitt’s India Act, 1784, also coined as the
East India Company Act, 1784, to right the errors in the Regulating Act of 1773. The
British government and the Company shared ownership of British possessions in India
as a result of this act, with the government having final authority. This law was in force
until 1858..
(c

The act is named after William Pitt the Younger, the Prime Minister of the United
Kingdom at the time it was passed.

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Constitutional History of India 95

Provisions of the Act:


Notes

e
The Board of Control was established for political matters, and the Court of
Directors was established for economic matters.

in
●● The Board of Control overlooked civil and military matters. It was made up of 6
people:
◌◌ Secretary of State (Board President)

nl
◌◌ Chancellor of the Exchequer
◌◌ Four Privy Councillors

O
●● The corporation was represented by the Court of Directors, and the British
government was represented by the Board of Control, in this dual form of control.
●● The act required all civil and military officers to declare their assets in India and the

ty
United Kingdom within two months of entering.
●● The Governor-Council General’s was whittled down to only three members. The
Commander-in-Chief of the British Crown’s army in India will be one of the three.

si
●● The Governor-General was granted veto power.
●● The Madras and Bombay Presidency were subordinate to the Bengal Presidency.
Calcutta effectively became the capital of the British Indian possessions.
r
ve
Features of the Act:
●● This act established a distinction between the East India Company’s commercial
and political activities.
●● The phrase “British possessions in India” was used for the first time..
ni

●● The British government gained full control over Indian administration as a result of
this act.
U

●● Unlike the previous Regulating Act of 1773, where the government merely tried to
‘regulate’ rather than take over, the Company became subordinate to the British
government..
●● The British Crown’s authority in the civil and military administration of its Indian
ity

territories was created by this act. The Company’s commercial operations


remained a monopoly.

Drawbacks of the Act:


m

The act was considered a failure since the lines between the company’s powers
and the government’s authority were unclear.

●● The Governor-General was accountable to two masters: The East India Company
)A

and the British Crown


●● There were no clear distinctions between the Board of Control’s and the
company’s Court of Directors’ roles. The Governor-General had to make decisions
on the spot, using his discretion.
(c

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96 Constitutional History of India

About William Pitt


Notes

e
William Pitt the Younger was a well-known British Tory statesman in towards the
end of eighteenth and early nineteenth centuries. He was born on May 28, 1759, and

in
died on January 23, 1806. In 1783, at the age of 24, he became the youngest prime
minister of the United Kingdom of Great Britain and Ireland, and in January 1801, he
became the first prime minister of Great Britain and Ireland. He left office in March

nl
1801, but returned in 1804 to serve as Prime Minister until his death in 1806. During
his tenure as Prime Minister, he also served as Chancellor of the Exchequer. He is
known as “the Younger” to differentiate himself from his father, William Pitt, 1st Earl of
Chatham, who was known as “William Pitt the Elder” (or simply “Chatham”) and served

O
previously as prime minister.

ty
r si
ve
ni
U

Pitt’s prime ministership, which took place during King George III’s reign, was
overshadowed by major European political developments such as the French
Revolution and the Napoleonic Wars. Pitt considered himself a “independent Whig” and
was usually opposed to the establishment of a strict party political structure, despite the
ity

fact that he was frequently referred to as a Tory or “new Tory”.

Pitt was known as a brilliant administrator who pushed for efficiency and reform while
mentoring a new generation of leaders. To fund the great war against France, he raised
taxes and cracked down on radicalism. To counter the challenge of Irish pro-French
m

sentiment, he drafted the Acts of Union in 1800 and attempted (but failed) to achieve
Catholic emancipation as part of the Union. He produced “new Toryism,” which resurrected
the Conservative Party and allowed it to remain in power for the next quarter-century.
)A

2.2.3 Charter Act of 1793


The East India Company Act 1793, also coined as the Charter Act 1793, was an Act
of the British Government that restored the British East India Company’s charter (EIC).
(c

The Act made only minor improvements to either India’s political structure or British
control of the company’s operations. The company’s trade monopoly was extended for
another 20 years, which was particularly significant. Salaries for employees and paying
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Constitutional History of India 97

members of the Board of Control were now deducted from the company’s profits. The
Notes

e
Act also contained the following provisions:

●● The Governor-General was given wide-ranging powers over the subordinate

in
presidencies.
●● The Governor-authority General’s to overrule his council was confirmed, and this
power was applied to the Governors of the subordinate presidencies.

nl
●● It was prohibited for senior officials to leave India without permission.
●● The appointment of the Governor-General, governors, and Commander-in-Chief

O
needed royal approval.
●● The company’s rule over the British territories in India was maintained by this Act.
●● The company’s trade domination in India was prolonged for an additional 20 years.

ty
●● The Act declared that “acquisition of sovereignty by Crown subjects is on behalf of
the Crown and not in its own *right,” implying that the company’s political functions
were performed on behalf of the British government.

si
●● The company’s dividends were permitted to be increased to 10%
●● The Governor-General now has more authority. In some conditions, he could
circumvent his council’s decision.
●●
r
He was granted power over the governors of Madras and Bombay as well.
ve
●● While the Governor-General was in Madras or Bombay, the governors of Madras
and Bombay were superseded in authority.
●● If the Governor-General is unable to visit Bengal, he can select a vice president
ni

from his Council’s civilian members.


●● The Board of Control’s composition has changed. It was to consist of a President
and two junior members who were not usually Privy Council members.
U

●● The corporation was now responsible for the wages of the employees and the
Board of Control.
●● After deducting all costs, the company was required to pay the British government
ity

5 lakh British Pounds from its annual Indian revenue.


●● Senior executives of the company were prohibited from leaving India without
permission. It would be considered a dismissal if they did so.
●● The company has been given the authority to issue trade licenses to individuals
m

and company employees in India. This was referred to as ‘privilege’ or ‘country


trade.’ As a result, opium was shipped to China.
)A

●● This Act divided the company’s revenue administration and judicial functions,
resulting in the demise of Maal Adalats (revenue courts)
●● The EIC was given the authority to issue trading licenses to both individuals and
Company employees in India (known as the “privilege” or “nation” trade), paving
the way for opium shipments to China.
(c

The Charter Act of 1813 was used to renew the company’s charter.

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98 Constitutional History of India

2.2.4 Charter Act of 1813


Notes

e
The Charter Act 1813, also known as the East India Company Act 1813, was an
Act of the United Kingdom Parliament that renewed the British East India Company’s

in
charter and continued the Company’s rule in India. Except for the tea and opium trades,
as well as trade with China, the Company’s commercial monopoly was ended, reflecting
the expansion of British influence in India.

nl
The Act declared the Crown’s supremacy over British India, provided 100,000
rupees to Christian missionaries, and allowed them to preach their religion in English.
The Act further strengthened the control of Indian provincial governments and courts

O
over European British subjects, and financial provisions were made to promote a revival
of Indian literature and the advancement of science.

The Charter Act of 1793 had previously extended the Company’s charter, which

ty
was then renewed by the Charter Act of 1833.

2.2.5 Charter Act 1833

si
The United Kingdom’s Parliament passed the Saint Helena Act 1833, also known
as the Government of India Act 1833. This Act is also known as the Charter Act of 1833
since it was intended to extend the royal charter given to the East India Company. This
r
Act gave the charter a 20-year extension. It included the following clauses:
ve
●● The Governor-General of Bengal was renamed the Governor-General of India. In
the last year of 1833, Lord William Bentinck became the first Governor-General of
India under this provision.
●● It took away the legislative authority of the governors of Bombay and Madras.
ni

The Governor-government General’s was dubbed the ‘Government of India,’ and


his council was dubbed the ‘India Council,’ for the first time. Exclusive legislative
powers were granted to the Governor-General and his executive council for all of
U

British India.
●● The British East India Company’s business operations came to an end, and it
became merely administrative. The Company lost its monopoly on trade with
ity

China and other parts of the Far East, in particular.


●● It sought to implement a system of open competitions for civil servant selection.
However, due to resistance from the Court of Directors, who retained the power to
nominate Company officials, this clause was repealed.
m

●● The East India Company relinquishes control of the island of Saint Helena to the
Crown.
The Government of India Act 1915 repealed the act, with the exception of section
)A

112, which vested Saint Helena in the monarchy.

2.2.6 Charter Act 1853


The last Charter act for the East India Company was passed in 1853. It was
(c

passed after the 1833 charter act expired. Although the charter was extended, no
significant improvements were made. However, unlike other charter acts, this charter
act did not specify a time limit for the company’s administration in India. The act stated

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Constitutional History of India 99

that the Indian territories must remain under the company’s governance until the
Notes

e
parliament directed otherwise.

The Company’s number of Directors was reduced from 24 to 18 in England by

in
the Charter Act of 1853. Six of the 18 were to be named by the monarch. The Charter
Act of 1853 established a separate Governor for the Bengal Presidency, separate from
the Governor General. Until a Governor was appointed, the court of Directors and the

nl
Board of Control were empowered to select a lieutenant governor. Please note that
although the Lieutenant Governor was appointed in 1854, the Governor of Bengal was
not appointed until 1912.

O
This act also gave the Court of Directors the power to either form a new Presidency
(along the lines of the Madras or Bombay Presidency) or select a Lieutenant Governor.
Although no new presidency was created, a new Lieutenant Governor for Punjab was
named in 1859.

ty
The Governor General’s Council was expanded for legislative purposes by the
Charter Act of 1853. The fourth member was given the same standing as the other
members. The council of legislative purposes, which previously had six members, has

si
now grown to twelve.

These 12 members were:


1. The Governor General =1 r
ve
2. The commander in Chief =1
3. Associates of the Governor General’s Council=4
4. Chief Justice of the Supreme Court (Calcutta)=1
ni

5. A regular judge of the Supreme court Calcutta=1


6. Representative associates taken from the company’s help with 10 years minimum
U

occupation and assigned by the local governments of Bengal, Madras, Bombay and
North Western provinces=4 Total =12
The previous charter act of 1833 mandated that the Court of Directors appoint
four times the number of applicants as there are vacancies each year, with one being
ity

chosen by a competitive search. The charter act of 1833 also mandated that the
Haileybury College of London set quotas for potential civil servants. However, this open
competition scheme was never successfully implemented. In this case, the regulations
were drafted by a committee chaired by Lord Macaulay. According to the report:
m

●● The ICS can no longer retain Haileybury as a higher education college


●● ICS recruits should receive a broad general education rather than a specialized
education
)A

●● Rather than relying on shallow expertise, recruitment should be based on an open


competitive review to identify the best applicants
●● Appointments should be subject to a probationary term
(c

●● The Court of Directors’ right of patronage over Indian appointments was taken away
by the Charter Act of 1853, and it was now exercised under regulations. This was
the Birth of Civil Services, which took place in 1854 and was open to the public.

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100 Constitutional History of India

Due to the annexation of new territories to the company’s possession in India, the
Notes

e
administrative situation had deteriorated by that time. The Charter Act of 1853 allowed
the Governor General of India-in-Council to take over and administer the territories for
the time being by decree under his immediate authority. He was given the authority to

in
issue the appropriate orders and instructions for its administration or to provide for it.
Assam, the central provinces, and Burma were formed as a result of this.

nl
Significance of Charter Act 1853:
The Charter Act of 1853 made it clear that the Company’s law would not be
long-lasting. The company’s power and influence were reduced. Six Directors could

O
be appointed by the British Crown. Furthermore, since the Legislative Council
was distinctly divided from the Executive Council, it marks the beginning of India’s
Parliamentary structure. Bengal’s administrative responsibilities were taken away from
the Governor General. He was supposed to work for the Indian government full-time.

ty
Check your Understanding
Multiple Choice Questions:

si
1. The Charter of ______ made just a single Mayor’s Court at Madras, it didn’t contact
the legal Framework winning in different settlements, administrations under the
Company.
r
ve
(a) 1687
(b) 1669
(c) 1784
ni

(d) 1773
2. William Pitt’s India Act of _____ established a Board of Control in England both
to supervise the East India Company’s affairs and to prevent the Company’s
U

shareholders from interfering in the governance of India.


(a) 1687
(b) 1669
ity

(c) 1784
(d) 1773

Fill in the Blanks:


m

3. The Regulating Act 1773, was complemented by the ______, which had a principal
objective that was to reduce the massive amount of tea held by the financially troubled
British East India Company in its London warehouses and to help the financially
)A

struggling company survive.

State True or False:


4. Charter of 1669 gave territorial sovereignty to the East India Company by granting to
it the port of Bombay.
(c

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Constitutional History of India 101

Give one word:


Notes

e
5. The representative of the monarch of the United Kingdom and after Indian
independence in 1947, the representative of the Indian head of state.

in
Summary
The East India Company was granted territorial jurisdiction for the first time in 1669

nl
when the Charter of 1669 granted it the port of Bombay.

The mayor court was created under two charters, one in 1687 and the other in
1726, both of which have different aspects..

O
The Mayor and nine Aldermen of each Corporation formed the ‘Leader’s Court,’
which was a Court of Record. It was given the option of selecting all common cases and
industrial facilities within the Presidency city.

ty
Since a Recorder was added to the Mayor’s court, it was referred to as a Court of
Records.

The Company’s victories at the Battle of Plassey in 1757 and the Battle of Buxar

si
(in Bihar) in 1764 strengthened the Company’s strength and persuaded Emperor Shah
Alam II to name it as the diwan, or revenue collector, of Bengal, Bihar, and Orissa.

r
The Regulating Act of 1773 (officially known as the East India Company Act 1772)
was enacted by the British Parliament to overhaul the East India Company’s rule in
ve
India.

The British Parliament passed the Pitt’s India Act, 1784, also known as the East
India Company Act, 1784, to correct the flaws in the Regulating Act of 1773. The British
ni

government and the Company shared ownership of British possessions in India as a


result of this act, with the government having final authority. This law was in force until
1858.
U

The East India Company Act 1793, also known as the Charter Act 1793, was an
Act of the British Parliament that renewed the British East India Company’s charter
(EIC).
ity

The last charter act for the East India Company was passed in 1853. It was
passed after the 1833 charter act expired. Although the charter was extended, no
significant improvements were made. However, unlike other charter acts, this charter
act did not specify a time limit for the company’s administration in India. The act stated
that the Indian territories must remain under the company’s governance until the
m

parliament directed otherwise.

Activity
)A

Find out via Internet about the various Charters and Acts during British Rule, and
look at the trend those are following. Write a summary on this.

Questions and Exercises


(c

1. Explain the expansion of the Company Rule.


2. Explain the Regulating act of 1773.

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102 Constitutional History of India

3. Write briefly on Pitt’s India Act, 1784.


Notes

e
4. Describe Charter Acts of 1793 & 1813.
5. Write a short note on Charter Act 1833.

in
Glossary
●● The East India Company refers to an English and later British joint-stock company

nl
founded in 1600.

Further Reading and Bibliography

O
www.selfstudyhistory.com
www.historydiscussion.net

ty
Check your Understanding – Answers
1. (a)
2. (c)

si
3. Tea Act 1773
4. True
5. r
Governor-General of India
ve
ni
U
ity
m
)A
(c

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Constitutional History of India 103

Module - 3: Formation of Company to the Crown


Notes

e
(1858-1918)

in
Chapter - 3.1: Formation of Company to the Crown (1858-1918)

nl
3.1.1 The Government of India Act 1858
3.1.2 Indian councils Act of 1861

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3.1.3 The Indian Councils Act 1891
3.1.4 Minto-Morley Reforms or the Indian Councils Act, 1909

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r si
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ity
m
)A
(c

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104 Constitutional History of India

Chapter - 3.1: Formation of Company to the Crown


Notes

e
(1858-1918)

in
Objective
●● The Government of India Act 1858

nl
●● Indian councils Act of 1861
●● The Indian councils Act 1891
●● Minto-Morley Reforms or the Indian Councils Act, 1909

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Introduction
After taking firm measures to promote trade after gaining complete control over

ty
Indian territory, the British discovered that the nation was better fit not only for rule but
also for intervening in its social structure. In this respect, they took a number of steps to
improve people’s social lives.

si
After the British crown took possession of India from the East India Company in
1858, India became an official British colony. In the change of India, the British crown
named a Secretary of State for India. He was supported by the Indian Council, which
r
had only advisory authority. Three administrative zones were established in India
ve
(Bengal, Madras and Bombay). There were a variety of administrative and legal
changes made. The Indian Councils Act, the High Courts Act, and the Penal Code
were all passed in 1861. The British proceeded to extend their railway and telegraphic
networks, and a new Ambala-Delhi railway line was inaugurated in 1868.
ni

Acts of parliament, occasionally referenced to as initial legislation, are manuscripts


of law ratified by the legislative body of a area (often a parliament or council).
U

3.1.1 The Government of India Act 1858


The Government of India Act 1858 was passed by the United Kingdom Parliament
on August 2, 1858. Its terms called for the British East India Company to be liquidated
ity

and its functions to be transferred to the British Crown. Then-Prime Minister of the
United Kingdom, Lord Palmerston, proposed a bill to shift power of the Government
of India from the East India Company to the Crown, citing grave flaws in the current
structure of government in India. However, Palmerston was forced to resign on
m

another topic before this bill could be passed. Later, on August 2, 1858, Edward Henry
Stanley, 15th Earl of Derby (who would later become the first Secretary of State for
India) introduced a bill titled “An Act for the Better Governance of India,” which was
passed. India was to be ruled directly and in the name of the Crown under this act.
)A

Prime Minister Benjamin Disraeli opposed the crown ruling India directly, but his fellow
MPs disagreed, and the bill comfortably passed the House of Commons. Lord Canning
served as India’s first Governor-General and Viceroy.

Features of Government of India Act 1858: Provisions of the Government of India


(c

Act 1858 are as follows:

●● East India Company was dismantled.

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Constitutional History of India 105

●● Indian lands of Britain were to be ruled in the designation of the British Queen.
Notes

e
●● The Court of Directors and the Board of Control were removed.
●● The authorities of the Company’s Court of Directors were given to the Secretary of

in
State for India.
●● This Secretary of State was to be a British MP and an associate of the Prime
Minister’s cabinet. He was to be helped by a assembly of 15 members.

nl
●● He was also the mode of communication between the British administration in the
UK and the Indian government. He also had the authority to dispatch clandestine

O
messages to India without checking with his council.
●● Through the Secretary of State, the British parliament could ask queries
concerning Indian matters.

ty
●● The envoy of the British administration in India was the Governor-General and
Viceroy (both the same individual to evade conflict).
●● The Viceroy and the governors of the several positions were selected by the

si
Crown.
●● The Viceroy was to be aided with an Executive Council.
●● This act composed India as a direct British colony.
●●
r
This act eliminated the dual administration of the Pitt’s India Act.
ve
●● This act also concluded the doctrine of lapse.
●● The Indian Civil Services was to be introduced for the management of the country.
There was facility for Indians also to be allowed to the service.
ni

●● It was determined that the residual Indian princes and chiefs (more than 560 in
quantity) would maintain their independent standing given they accept British rule.
The Act marked the end of Company rule in India and the beginning of a new era
U

in Indian history. The new British Raj lasted until August 1947, when the British Raj’s
territories were granted dominion status as the Dominion of Pakistan and the Dominion
of India, respectively..
ity

Social policy:
Lord Canning declared Queen Victoria’s declaration to “the Kings, Chiefs, and
Peoples of India” on November 1, 1858, establishing a new British policy of permanent
support for “native princes” and nonintervention in matters of religious belief or worship
m

within British India. Lord Dalhousie’s prewar policy of political unity by princely state
annexation was reversed with the declaration, and princes were free to adopt any
heirs they wanted as long as they all pledged undying allegiance to the British crown.
)A

Queen Victoria added the title Empress of India to her regality in 1876, at the request
of Prime Minister Benjamin Disraeli. More than 560 enclaves of autocratic princely
rule survived, interspersed in British India, for the entire nine decades of crown rule,
as a result of British fears of another mutiny and subsequent resolve to bolster Indian
states as “natural breakwaters” against any potential tidal wave of rebellion. The new
(c

policy of religious nonintervention arose from a fear of a repeat mutiny, which many
Britons believed had been sparked by orthodox Hindu and Muslim reaction to utilitarian

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106 Constitutional History of India

positivism’s secularizing inroads and Christian missionaries’ proselytizing. From the


Notes

e
East India Company’s Hindu Widow’s Remarriage Act of 1856 to the crown’s timid
Age of Consent Act of 1891, which merely increased the age of statutory rape for
“consenting” Indian brides from 10 to 12 years, British liberal socio-religious reform

in
came to a halt for more than three decades.

The standard mindset of British officials who travelled to India during that time was

nl
to “take up the white man’s burden,” as English writer Rudyard Kipling put it. During the
interlude of their Indian service to the crown, Britons often lived as super-bureaucrats,
or “Pukka Sahibs,” keeping as far away from “native contamination” as possible in
their private clubs and well-guarded military cantonments (called camps) built outside

O
the walls of the old, crowded “native” cities of the time. The new British military towns
were built with straight roads wide enough for cavalry to gallop through whenever
required, and were initially erected as safe bases for the reorganized British regiments.

ty
The old company’s three armies (located in Bengal, Bombay [Mumbai], and Madras
[Chennai]) were reorganized in 1867 to a much “safer” mix of 65,000 British to 140,000
Indian soldiers, down from 43,000 British to 228,000 native troops in 1857. Selective
new British recruitment policies screened out all “non-martial” (meaning previously

si
disloyal) Indian castes and ethnic groups from military service, allowing no single caste,
linguistic, or religious community to once again rule a British Indian garrison. Certain
advanced weapons were also prohibited from being handled by Indian soldiers.
r
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ity
m
)A

Following the completion of the Suez Canal in 1869, and the steady expansion
of steam transportation, which reduced the sea passage between Britain and India
from around three months to just three weeks, British women flocked to the East with
(c

increasing zeal, and the British officials they married found it more appealing to return
home with their British wives during furloughs than to visit India as their predecessors
had done. While the intellectual caliber of British recruits to the ICS in that period was

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Constitutional History of India 107

possibly higher on average than that of servants recruited under the company’s earlier
Notes

e
patronage scheme, British encounters with Indian society declined in every way (fewer
British men, for example, openly consorting with Indian women), and British sympathy
for and appreciation of Indian life and culture were, mostly, replaced by suspicion,

in
indifference, and fear.

The ICS was technically open to eligible Indians after Queen Victoria’s pledge of

nl
racial equality in the selection of civil servants for the government of India in 1858, but
examinations for the services were only granted in Britain and only to male applicants
between the ages of 17 and 22 (in 1878 the maximum age was further reduced to 19)
who could remain in the saddle over a rigorous set of hurdles. It’s not shocking, then,

O
that only one Indian applicant had cleared those hurdles to gain coveted entry to the
ICS by 1869. As a result, jealous, frightened officials stationed “on the spot” subverted
British royal assurances of equality in practice.

ty
Government organization:
India’s government was an increasingly centralized paternal despotism and

si
the world’s largest colonial bureaucracy from 1858 to 1909. The Viceroy’s Executive
Council was converted into a miniature cabinet under the portfolio system in 1861, with
each of the five ordinary members in charge of a different department of Calcutta’s
government—home, revenue, military, economy, and law. As an extraordinary
r
participant, the military commander in chief sat on the council. After 1874, a sixth
ve
ordinary member was appointed to the viceroy’s Executive Council, originally to preside
over the Department of Public Works, which was renamed Commerce and Industry
after 1904. Despite the fact that the government of India was formally known as the
“Governor-General-in-Council” (governor-general remained the viceroy’s alternative
ni

title), the viceroy had the authority to overrule his councilors if he so desired. He
was given command of the Foreign Department, which was primarily responsible for
relations with princely states and neighbouring foreign powers. Since the majority of
U

their councilors were generally in agreement, few viceroys felt it appropriate to claim
their absolute despotic authority. Despite India’s dire need for revenue in a year of
widespread drought and agricultural disorder, Viceroy Lytton (ruled 1876–80) felt
compelled to overrule his entire council in order to satisfy demands for the removal of
ity

his government’s import duties on British cotton manufactures.

Additional members began meeting with the viceroy’s Executive Council for
legislative purposes in 1854, and their allowable number was increased to between 6 and
12 by an act of 1861, with no less than half of them being nonofficial. While the viceroy
m

named all of these legislative councilors and had the authority to veto any bill presented to
him by that body, its debates were to be open to a small public audience, and many of its
nonofficial members were Indian aristocracy and loyal landowners. The legislative council
)A

sessions thus acted as a crude public-opinion barometer for the Indian government, as
well as the beginnings of an advisory “safety valve” that provided the viceroy with early
crisis alerts with the least amount of chance of parliamentary-style opposition. The act of
1892 raised the council’s allowable additional membership to 16, including 10 nonofficial
members, and increased their authority, but only to the extent of enabling them to ask
(c

questions of the government and formally criticize the official budget on a day set aside
for that reason at the end of each year’s legislative session in Calcutta. The Supreme
Council, on the other hand, remained a long way from some kind of legislature.

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108 Constitutional History of India

Economic policy and development:


Notes

e
In terms of economics, it was a period marked by increased commercial
agricultural production, rapid trade expansion, early industrial growth, and extreme

in
famine. The entire expense of the 1857–59 mutiny, which was equal to a full year’s
revenue, was charged to India and paid off over four years from improved revenue
resources. Throughout that time, the primary source of government revenue was

nl
land revenue, which remained “an annual gamble in monsoon rains” as a percentage
of India’s agricultural yield. However, it usually generated about half of British India’s
total annual revenue, or approximately enough money to keep the army afloat. The
government’s continued monopoly over the booming opium trade to China was the

O
second most lucrative source of revenue at the time, and the third was the salt levy,
which was also jealously guarded by the crown as its official monopoly preserve. To pay
off the war debt, a five-year individual income tax was imposed, but it wasn’t until 1886

ty
that urban personal income was added as a daily source of Indian revenue.

Despite the British government’s continued commitment to the laissez-faire


doctrine during that period, a 10% customs duty was imposed in 1860 to help pay

si
off the war debt, but it was reduced to 7% in 1864 and 5% in 1875. Viceroy Lytton
abolished the cotton import duty in 1879, but it was not reimposed on British imports
of piece goods and yarn until 1894, when the value of silver dropped so precipitously

r
on the world market that the Indian government was compelled to intervene, even
against its own economic interests (i.e., textiles in Lancashire), by adding enough
ve
rupees to its revenue to make ends meet. Bombay’s textile industry had grown to
over 80 power mills by that time, and the massive Empress Mill in Nagpur, owned
by Indian industrialist Jamsetji (Jamshedji) N. Tata (1839–1904), was competing
directly with Lancashire mills for the large Indian market. In Calcutta, British mill
ni

owners demonstrated their influence by pressuring the Indian government to place a


“equalizing” 5% excise tax on all cloth produced in India, persuading many Indian
mill owners and capitalists that contributing financial support to the Indian National
U

Congress would be in their best interests.

The railroad network that spread so quickly across the subcontinent after 1858,
when there were just 200 miles (320 km) of track in all of India, was Britain’s main
contribution to India’s economic growth during the period of crown rule. British railroad
ity

companies had completed more than 5,000 miles (8000 km) of steel track by 1869,
and 25,000 miles (40,000 km) of rail had been laid by 1900. By the outbreak of World
War I (1914–18), the number had grown to 35,000 miles (56,000 kilometers), nearly
completing the expansion of British India’s rail network. Initially, the railroads were a
m

mixed blessing for most Indians, as they served to both speed up the extraction of raw
materials from India and the transformation from subsistence to commercial agricultural
production by connecting India’s agricultural, village-based heartland to the British
)A

imperial port cities of Bombay, Madras, and Calcutta. Middlemen employed by port-city
agency houses rode the trains inland, persuading village chiefs to turn vast swaths of
grain-producing land to commercial crops.

When British demand for raw materials was strong, as it was during the American
Civil War (1861–65), large quantities of silver were offered as payment; however, after
(c

the Civil War ended, returning raw cotton from the southern United States to Lancashire
mills, the Indian market collapsed. Millions of peasants who had been weaned from

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Constitutional History of India 109

grain processing now find themselves riding the world-market economy’s boom-and-
Notes

e
bust tiger. During the depression, they were unable to turn their commercial agricultural
surplus into food, and India suffered a series of prolonged famines from 1865 to 1900,
which were complicated in 1896 by the introduction of the bubonic plague (spread

in
from Bombay, where infected rats were brought from China). As a result, although the
subcontinent’s population increased significantly from about 200 million in 1872 (the
year of the first almost universal census) to more than 319 million in 1921, it may have

nl
decreased marginally between 1895 and 1905.

Railroads hastened the demise of India’s indigenous handicraft industries, as


trains carrying cheap, competitive manufactured goods from England rushed to inland

O
towns for sale to villages, undercutting the rougher products of Indian artisans. As a
result, entire handicraft villages lost their traditional agricultural villagers’ markets, and
craftsmen were forced to abandon their looms and spinning wheels in order to return to

ty
the soil for a living. By the end of the nineteenth century, a greater proportion of India’s
population (perhaps more than three-quarters) relied directly on agriculture for survival
than at the start of the century, and population pressure on arable land grew throughout
the period. Railroads also gave the military fast and reasonably secure access to all

si
parts of the world in the event of an emergency, and they were later used to transport
grain for famine relief.

r
During that time, the rich coalfields of Bihar were mined to help power the imported
British locomotives, and coal production jumped from around 500,000 tons in 1868 to
ve
around 6,000,000 tons in 1900, and over 20,000,000 tons by 1920. While coal was
used for iron smelting in India as early as 1875, the Tata Iron and Steel Company (now
part of the Tata Group) did not begin production until 1911, when it launched India’s
modern steel industry in Bihar. Following World War I, Tata expanded exponentially,
ni

and by World War II, it had grown to be the largest single steel complex in the British
Commonwealth. The jute textile industry, Bengal’s counterpart to Bombay’s cotton
industry, grew in the aftermath of the Crimean War (1853–56), which boosted raw jute
U

exports from Calcutta to Dundee by cutting off Russia’s supply of raw hemp to Scottish
jute mills. Bengal had only two jute mills in 1863, but by 1882, there were 20, employing
over 20,000 people.
ity

Tea, indigo, and coffee were the most significant plantation industries at the time.
In the 1850s, British tea plantations were established in the Assam Hills of northern
India, and 20 years later in the Nilgiri Hills of southern India. There were over 300
tea plantations in 1871, covering over 30,000 cultivated acres (12,000 hectares) and
producing 3,000 tons of tea. By 1900, India’s tea crop had grown to the point that it
m

could export 68,500 tons to the United Kingdom, displacing Chinese tea in London.
During the “Blue Mutiny” (violent protests by cultivators in 1859–60), the thriving indigo
industry of Bengal and Bihar was threatened with extinction, but India continued to
)A

export indigo to European markets until the end of the 19th century, when synthetic
dyes rendered the natural commodity obsolete. From 1860 to 1879, coffee plantations
flourished in southern India, but disease decimated the crop, sending Indian coffee into
a decade of decline.
(c

3.1.2 Indian councils Act of 1861


The Indian Councils Act of 1861 was an Act of the United Kingdom Parliament that

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110 Constitutional History of India

turned India’s executive council into a portfolio-based cabinet. This cabinet consisted
Notes

e
of six “ordinary members,” each of whom was in charge of a different department of
the Calcutta government: home, revenue, military, law, finance, and (after 1874) public
works. As an extraordinary participant, the military Commander-in-Chief attended the

in
council meeting. With the addition of a fifth member, the Executive Council has grown to
five members. Under the Act’s terms, the Viceroy could overrule the council on affairs if
he thought it was appropriate, as was the case in 1879 during Lord Lyton’s tenure.

nl
If the Legislative Council is not in session, the Viceroy has the authority to grant
six-month ordinances. The Indian Councils Act of 1861 was a British Parliament act that
altered the Governor-Council General’s significantly.

O
Provisions of the Indian Councils Act 1861:
A fifth member was added to the Council’s administrative functions. There were

ty
now five representatives from the home, military, law, tax, and finance departments. (In
1874, a sixth member for public works was added).

●● The portfolio scheme was implemented by Lord Canning, who was the Governor-

si
General and Viceroy at the time. Each member was given a portfolio for a specific
department in this framework.
●● The Governor-Council General’s was expanded for legislative purposes. There
r
were to be between 6 and 12 new participants now (nominated by the Governor-
ve
General).
●● They were named for a two-year term. Non-officials had to make up at least half of
the additional members (British or Indian).
ni

●● Their responsibilities were limited to enacting legislation.


●● In 1862, Lord Canning appointed the Raja of Benares, the Maharaja of Patiala,
and Sir Dinkar Rao to the Council.
U

●● Any bill dealing with public revenue or debt, the military, religion, or foreign
relations will require the Governor-General’s approval.
●● If required, the Viceroy had the authority to overrule the council.
ity

●● During emergencies, the Governor-General had the authority to issue ordinances


without the council’s approval.
●● Any act passed by the Governor-Council General’s could be dissolved by the
Secretary of State for India in the United Kingdom.
m

●● This Act restored the Governor-in-Councils’ legislative powers in the Madras and
Bombay Presidencies.
)A

●● The Calcutta Legislative Council had wide legislative authority over British India.
●● Provision was made in other provinces for the creation of legislative councils. For
legislative purposes, new provinces could be created and Lieutenant Governors
appointed. In other provinces, legislative councils were formed in Bengal in 1862,
the North-West Frontier Province in 1886, and Punjab and Burma in 1897.
(c

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Constitutional History of India 111

Reasons for Enactment of Indian Councils Act:


Notes

e
The Government of India Act of 1858 made major improvements in the way India
was governed from England, but it did not significantly alter the Indian government

in
structure. Furthermore, in the aftermath of the 1857 Mutiny, there was a widespread
belief in England that establishing a government in India without the participation
of Indians in administration would be extremely difficult. These were the primary

nl
motivations for enacting legislation that would reform India’s administrative structure.
The following are some of the other reasons:
(i) Centralized law making was defective

O
The Charter Act of 1833 consolidated legislative processes and delegated
legislative authority to the governments of Madras and Bombay. The aim of centralizing
lawmaking was to ensure uniformity of law across the East India Company’s entire
territory, but the structure proved to be flawed. It had only one delegate in each of

ty
the four provinces, and it struggled to pass laws that were tailored to the needs of the
people. As a result, the provinces ought to be able to make their own rules.
(ii) Governor General in Council was overburdened

si
Because of lengthy processes, the Governor General in Council was struggling in its
legislative duties and was unable to operate satisfactorily, causing delays in enactments.
(iii) Absence of representation r
ve
It also lacked any representation of the people who were there. There was an
increasing demand for the inclusion of a representative feature in the legislative council.

Assessment of the Indian Councils Act 1861:


ni

●● The position of the legislative council was reduced. It was primarily advisory in
nature. Finances were not to be discussed.
●● Despite the fact that Indians were nominated, there was no constitutional provision
U

for their inclusion.


●● It provided for administrative decentralization by transferring legislative authority to
the presidencies of Bombay and Madras.
ity

●● The governor-power general’s of ordinance granted him full authority.


The 1861 Act restored the legislative powers of the Bombay and Madras
Presidencies, which had been stripped away by the 1833 Charter Act. The legislative
council in Calcutta was granted broad powers to pass laws for British India as a whole,
m

but the legislative councils in Bombay and Madras were only given the power to pass
laws for their respective presidencies’ “Peace and Good Government”. The Governor
General was granted the authority to establish new provinces for legislative purposes,
)A

as well as to name Lieutenant Governors.

The Indian Councils Act 1892


The Indian Councils Act of 1892 was enacted by the British Parliament to change
(c

the structure and role of legislative councils in British India. The act included clauses
about the number of additional members to be represented in the central and provincial
councils, among other things. For example, the number of Additional Members elected

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112 Constitutional History of India

to the Central Legislative Council was increased to ten to sixteen, with not less than
Notes

e
half of them being non-officials, i.e. people who were not in the Crown’s civil or military
service, as per the Act of 1861. The Governor-General was given the authority to invite
various bodies in India to nominate, appoint, or assign their members, as well as to

in
make nomination regulations. The Act was passed in 1892 after being introduced to the
House of Lords in 1890 in reaction to the emergence of nationalist movements across
British India.

nl
Provisions of the Indian Councils Act 1892:
●● The act expanded the number of non-official or supplementary members in the

O
legislative councils to the following:
◌◌ Central Legislative Council: 10 – 16 members
◌◌ Bengal: 20 members

ty
◌◌ Madras: 20 members
◌◌ Bombay: 8 members
◌◌ Oudh: 15 members

si
◌◌ North Western Province: 15
●● Only 5 Indians were among the 24 members in 1892.
●● r
Members were granted the right to ask questions about the budget (which was
ve
previously prohibited under the Indian Councils Act 1861) or other matters of
public concern, but they had to give six days’ notice.
●● They were unable to ask follow-up questions.
ni

●● By this act, the concept of representation was created. The provincial councils
were given the authority to appoint representatives from district boards, colleges,
counties, chambers of commerce, and zamindars.
U

●● With the Governor-approval, General’s the legislative councils were given the
authority to create new laws and repeal old ones.
●● Assessment of the Indian Councils Act 1892:
ity

●● While there was little in it for the common man, it was the first step towards a
democratic form of government in modern India.
●● The number of Indians has risen, which is a good thing.
●● However, since the British only gave a small concession, this act resulted in
m

the rise of many revolutionary movements in India. Many politicians, such as


Bal Gangadhar Tilak, blamed the lack of positive developments on Congress’s
cautious policy of petitions and persuasions, and called for a more robust policy
)A

toward British rule.


In addition to these amendments, the Act removed limitations imposed by the
Indian Councils Act 1861, enabling councils to discuss (but not vote on) the annual
financial statement each year. They could also ask the government questions on
matters of public concern after giving the government six days’ notice, but none of them
(c

were given the opportunity to ask follow-up questions.

The council had 24 members in 1892, but only five of them were Indians.

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Constitutional History of India 113

3.1.3 Minto-Morley Reforms or the Indian Councils Act, 1909


Notes

e
In 1885, a tiny educated elite convened as the Indian National Congress for
the first time. Associations at the provincial level had already formed. The difficulties

in
that Indians face in getting into the civil service was one of the associations’ major
grievances. Queen Victoria declared fair rights for Indians in 1858. However, only a
few Indians had been offered admission. Officials in the United Kingdom were reluctant

nl
to recognize Indians as partners in administration. From that vantage point, it seemed
that giving the native elite a few compromises of representation in provincial and
imperial legislatures would be a lesser evil. The non-exclusive presence of Indians in
legislatures was supposed to be a boon to British rule.

O
In 1892, the Indian National Congress demanded more parliamentary
representation, which was met with a small change. The procedure was limited to
suggesting candidates for the parliaments that the government could appoint. In the

ty
legislatures, Indians were always outnumbered by British speakers, and their talents
were restricted to speeches and debates. Nonetheless, the limited enterprise drew the
attention of the Indian leadership, and the Congress’s allure in 1892 faded.

si
The Liberal Party dominated the general election in the United Kingdom in 1906.
Following that, John Morley, a liberal philosopher, was appointed Secretary of State for
India.. Morley wanted to gather moderate Indians because of the young nationalists’
r
armed actions, and he hoped that by doing so, he could hold the moderates away from
ve
the extremist members of the Congress. The moderates, meanwhile, were ecstatic,
expecting more from Morley than he had allowed. Lord Minto, the viceroy, and H.H.
Risley, the Home Secretary, also influenced Morley’s decision. The latter was opposed
to territorial representation and advocated for representation based on the various
ni

interests of what he saw as the Indian social system.


U
ity
m

Provisions of the Morley-Minto Reforms:


)A

●● The scale of the legislative councils at the federal level and in the provinces has
grown.
◌◌ Central Legislative Council – from 16 to 60 affiliates
◌◌ Legislative Councils of Bengal, Madras, Bombay and United Provinces – 50
(c

affiliates each
◌◌ Legislative Councils of Punjab, Burma and Assam – 30 affiliates each

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114 Constitutional History of India

●● Members of the legislative councils at the federal level and in the provinces were
Notes

e
to be divided into four groups:
◌◌ Ex officio members: Governor-General and associates of the executive

in
assembly.
◌◌ Nominated official members: Government officials who were selected by the
Governor-General.

nl
◌◌ Nominated non-official members: chosen by the Governor-General but were
not government officials.
◌◌ Elected members: voted by diverse groups of Indians.

O
●● The members who were elected were chosen in a roundabout way. Local governments
chose an electoral college to elect members of the provincial legislatures. Members of
the Central Legislative Council will be elected by these members.

ty
●● Local governments, chambers of commerce, landlords, colleges, traders’
societies, and Muslims were among the elected representatives.
●● Non-official members made up the bulk of regional council members. However,

si
since certain non-official representatives were nominated, a non-elected plurality
existed in total.
●● For the first time, Indians were admitted to the Imperial Legislative Council.
●●
r
It formed a separate electorate for Muslims. Only Muslims were allowed to vote in
ve
certain constituencies, and only Muslims were allowed to vote for their members.
●● Representatives will talk about the budget and vote on resolutions. They may also
talk about issues of public concern.
ni

●● They can also ask follow-up questions.


●● There were no discussions about foreign policy or relations with the princely states
allowed.
U

●● Lord Minto named Satyendra P Sinha as the first Indian member of the Viceroy’s
Executive Council (after much persuasion by Morley).
●● Two Indians have been appointed to the Secretary of State’s Council on Indian
ity

Affairs.

Assessment of the Morley-Minto Reforms:


●● In Indian politics, the Act established collective representation. This was done
m

to break up the country’s rising tide of nationalism by separating people along


communal lines. The country was partitioned along religious lines as the result
of this process. The consequences of various religious groups being treated
)A

differently can still be seen today.


●● The Act did not grant colonial self-government, which was a demand of Congress.
●● The Act increased Indian representation in legislative bodies, especially at the
provincial level.
(c

The Indian Council Act of 1909, AD was enacted to appease progressives and
disseminate Muslims from the National Movement by establishing a separate electorate
for them.
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Constitutional History of India 115

Separate electorates:
Notes

e
Separate electorates, where seats were reserved for Muslims and only Muslims
would be polled, were a significant introduction in the reforms. In the decades to come,

in
the implication that Muslims and their interests could only be secured by Muslims would
have an effect on Indian politics. The Muslim League was established in 1906 by a
group of elites with the aim of promoting Muslim interests, preventing Hindu domination

nl
over Muslims through the parliamentary system, and advancing the Muslim viewpoint in
post-October 1907 constitutional reform discussions. Minto heard a Muslim delegation
of 35 Muslims from all Indian provinces (except the Northwest Frontier) in October
1906. Muslims from Uttar Pradesh were the delegation’s chief organizers and backers

O
of the campaign for separate electorates. Muslims should be granted a “fair share” of
representation, according to the delegation. The ‘equal share’ was to be calculated by
Muslims’ numerical status, political importance, and contribution to the British empire’s

ty
defense.

According to the delegation, existing Muslim representation was insufficient,


and Muslim election was contingent on the Hindu majority, implying that elected

si
Muslims could not truly represent Muslims. Minto praised their ‘representative nature,’
acknowledging and promoting the distinct Muslim politics. The Viceroy’s official British
sympathy for the delegation raised suspicions that he had welcomed them rather than

r
simply meeting with them. However, British officials shared the Muslim League’s fear
of legislative outnumbering and were willing to support Morley despite his democratic
ve
tendencies. The evidence shows that Muhsin-ul Mulk took the initiative for this meeting,
contrary to the ‘order results’ hypothesis.

Minto was convinced by British officials of the deputation’s representative nature


and the threat that Muslim unrest could pose to British rule. The Central Legislative
ni

Council has been expanded from 16 to 60 members. By requesting separate Muslim


representation, the British believed they were clearly recognizing the realities in
India. Separate representation for Muslims was part of the government’s strategy
U

of categorizing citizens according to their faith and caste. Muslims were seen as a
supportive and probably loyal counterbalance to the Hindu community, but they were
also viewed as extremists due to their involvement in the 1857 rebellion and the
assassination of Viceroy Lord Mayo in 1872.
ity

Morley desired a compromise between territorial representation and Muslim


demands, but Risley supported separate electorates and either persuaded Morley or
softened his opposition to them. Following protests in India and lobbying in London, the
Muslim League’s demand for separate electorates and reserved seats in the Imperial
m

Council was granted in the Indian Councils Act. Minto’s ambiguous support for the
party’s 1906 delegation was successfully converted into a political reality by the party’s
leadership.
)A

Check your Understanding


Multiple Choice Questions:

1. Which act made India a direct British colony?


(c

(a) Government of India Act 1858


(b) Pitt’s Act 1858

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116 Constitutional History of India

(c) Government of India Act 1858


Notes

e
(d) Government of India Act 1858
2. Who was the first Secretary of State for India?

in
(a) Lord Stanley
(b) Lord Canning

nl
(c) Lord Hastings
(d) Lord Dalhousie

O
Fill in the Blanks:
3. ______ allowed for the decentralization of administration with the vesting of legislative
power to the presidencies of Bombay and Madras.

ty
State True or False:
4. The 1861 Act restored the legislative powers of Bombay and Madras Presidencies

si
taken away by the Charter Act of 1833.

Give one word:


5.
r
The administrative divisions of British governance in India.
ve
Summary
The Government of India Act 1858 was passed by the United Kingdom Parliament
on August 2, 1858. Its terms called for the British East India Company to be liquidated
and its functions to be transferred to the British Crown.
ni

The Indian Councils Act of 1861 was an Act of the United Kingdom Parliament that
turned India’s executive council into a portfolio-based cabinet. This cabinet consisted
U

of six “ordinary members,” each of whom was in charge of a different department of


the Calcutta government: home, revenue, military, law, finance, and (after 1874) public
works.

The Indian Councils Act of 1892 was enacted by the British Parliament to change
ity

the structure and role of legislative councils in British India. The act included clauses
about the number of additional members to be represented in the central and provincial
councils, among other things. For example, the number of Additional Members elected
to the Central Legislative Council was increased to ten to sixteen, with not less than
m

half of them being non-officials, i.e. people who were not in the Crown’s civil or military
service, as per the Act of 1861.

Activity
)A

Navigate via Internet and find out more on Minto-Morley Reforms. Make a collage
on the topic and write briefly on this.

Questions and Exercises


(c

1. Write briefly on Act of 1858.


2. Write briefly on Indian councils Act of 1861.

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Constitutional History of India 117

3. Write briefly on Indian councils Act 1891.


Notes

e
4. Write briefly on Minto-Morley Reforms
5. Write short note on Assessment of the Morley-Minto Reforms.

in
Glossary
●● Princely state was a vassal state under a local or indigenous or regional ruler in a

nl
subsidiary alliance with the British Raj.

Further Reading and Bibliography

O
http://www.gatewayforindia.com/
www.jagranjosh.com

ty
Check your Understanding – Answers
1. (a)
2. (a)

si
3. Indian Councils Act 1861
4. True
5. British India r
ve
ni
U
ity
m
)A
(c

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118 Constitutional History of India

Module - 4: Nationalist Movements and Growth of


Notes

e
Representative Institutions

in
Chapter -4.1: Nationalist Movements (1919-1940)

nl
4.1.1 Overview of Nationalist Movements (1919-1940)
4.1.2 Rowlatt Act Satyagraha, 1919

O
4.1.3 Jallianwala Bagh Massacre
4.1.4 Gandhi’s Strategy
4.1.5 Trial of Bhagat Singh, Rajguru and Sukhdev, 1931

ty
4.1.6 Karachi Congress Session, 1931
4.1.7 Quit India Movement

si
Chapter -4.2: Growth of Representative Institutions and Acts (1919 - 1947)
4.2.1 Government of India Act 1919
4.2.2
r
Resolution on Purna Swaraj
ve
4.2.3 Government of India Act 1935
4.2.4 Mountbatten Plan
4.2.5 Indian Independence Act 1947
ni
U
ity
m
)A
(c

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Constitutional History of India 119

Chapter-4.1: Nationalist Movements (1919-1940)


Notes

e
Objective

in
●● Overview of Nationalist Movements (1919-1940)
●● Rowlatt Act Satyagraha, 1919

nl
●● Jallianwala Bagh Massacre
●● Gandhi’s Strategy

O
●● Trial of Bhagat Singh, Rajguru and Sukhdev, 1931
●● Karachi Congress Session, 1931
●● Quit India Movement

ty
Introduction
The Nationalist Movements in India were early mainstream movements in India

si
that sought independence from the British Empire. Although acts like the Salt March in
1930 put pressure on the colonial government and resulted in concessions, they were
restricted in nature and fell short of the full independence sought.
r
The Swadeshi movement inspired Indians to abandon British goods in favor of their
ve
own handcrafted creations. The initial Swadeshi movement began in Bengal after the
partition in 1905 and lasted until 1908. The Swadeshi movement, which was part of the
Indian independence war, was an effective economic policy for overthrowing the British
Empire and improving India’s economic conditions. The Swadeshi movement quickly
ni

boosted local business in a variety of fields.

Some of the prominent leaders of this movement included Bal Gangadhar


Tilak, Bipin Chandra Pal, Lala Lajpat Rai, V. O. Chidambaram Pillai, Sri Aurobindo,
U

Surendarnath Banerji, and Rabindranath Tagore. Lal Bal Pal is another name for the
triumvirate. The most influential was the Swadeshi movement. Lokmanya’s name
became well-known, and people from all over the world began to follow him.
ity

India’s textile industry has played a significant role in the country’s independence
struggle. The textile industry’s merchandise ushered in the Industrial Revolution in
India, and England was soon manufacturing cotton cloth in such large quantities that
the domestic market was exhausted, and the goods had to be sold in international
markets.
m

India, on the other hand, was a major producer of cotton and could supply British
mills with the raw material they required. This was during the British rule of India, and
)A

the East India Company had already established itself in the country. Raw materials
were shipped to England at a low cost, and fine cotton cloth was brought back to India
and sold at a high cost. This drained India’s economy, and the country’s textile industry
suffered greatly as a result. Cotton growers and traders were furious as a result of this.

The citizens of Bengal rose up in protest after Lord Curzon declared the partition of
(c

Bengal in 1905. The partition plan was initially met with opposition in the form of a press
campaign. The widespread adoption of such techniques resulted in a boycott of British

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120 Constitutional History of India

products, with Indians vowing to use only swadeshi (Indian) goods and wear only Indian
Notes

e
cloth. Imported clothing was regarded with disdain. Public burnings of international cloth
were held in a number of locations. Foreign-clothing shops were shut down. Swadeshi
is an apt description for the cotton textile industry. Swadeshi textile mills grew in

in
popularity during this period. Swadeshi factories sprouted up all over the place.

The Swadeshi movement, according to Surendranath Banerji, changed the entire

nl
texture of our social and domestic lives. Rabindranath Tagore, Rajanikanta Sen, and
Syed Abu Mohd wrote songs that became the nationalists’ driving force. The movement
quickly spread throughout the world, and on April 1, 1912, the partition of Bengal had to
be firmly inhaled.

O
Nationalism is an notion and effort that encourages the welfare of a specific nation
(as in a group of people), particularly with the goal of aquiring and sustaining the
nation’s rule (self-governance) over its homeland.

ty
4.1.1 Overview of Nationalist Movements (1919-1940)

si
◌◌ In February 1919, Mahatma Gandhi founded the Satyagraha Sabha.
Students, middle class, labor, and capitalists all took part in this campaign,
and Congress was nowhere to be found. This was Mahatma Gandhi’s first
mass movement.
r
ve
◌◌ The Jallianwala Bagh Massacre happened on April 13, 1919. On April 13,
1919, a mass congregated at Jallianwala Bagh in Amritsar to object the arrest
of Saifuddin Kitchlew and Satyapal.
◌◌ On August 1, 1920, the Khilafat Committee initiated a non-cooperation
ni

campaign in response to three issues: Punjab injustices, Khilafat issues, and


the demand for Swaraj.
●● As a result, the Non-Cooperation Movement began in 1920.
U

●● N. M Joshi and Ray Chaudhary formed the All India Trade Union Congress in
Bombay in October 1920. Lala Lajpat Ray presided over the case
●● The Akali Movement began in 1920.
ity

●● The Shiromani Gurudwara Prabhandak Committee (SGPC) was established in


1925.
●● CR Das and Motilal Nehru formed the Congress Khilafat Swaraj Party. The
congress’s second split is also well-known.
m

●● S.S Mirajkar, K. N Juglekar, and S.V Ghate founded the Workers & Peasant Party
(WPP) in Bombay in 1927.
)A

●● The Hindustan Republican Association (H.R.A.) was established in Kanpur in


1924. CS Azad, Sachin Sanyal, and Ramprasad Bismil were among the group’s
participants.
●● The Hindustan Socialist Republic Association (HSRA) was established in
Firozeshah Kotla, Delhi, in 1929. Bhagat Singh became a member of the HSRA.
(c

●● On August 9, 1925, Ram Prasad Bismil, Rajendra Lahiri, Roshan Lal, and
Asafaqullah Khan were hanged in the Kakori Train Dacoit conspiracy case.

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Constitutional History of India 121

●● In the Lahore Conspiracy Case, Bhagat Singh, Rajguru, and Sukhdev were
Notes

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hanged to death on March 23, 1931.
●● On November 8, 1927, the British Conservative government under Stanley

in
Baldwin appointed the Simon Commission. To investigate the country’s functioning
government structure following the 1919 reform act..
●● For dominion status, universal adult franchise, and other issues, see the Nehru

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Report from 1928.
●● On March 31, 1929, Jinnah issued a 14-point programme.

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◌◌ The Purna Swaraj resolution was passed by Congress in 1929 in Lahore,
presided over by Jawaharlal Nehru, and it was agreed to initiate a Civil
Disobedience movement under the leadership of Mahatma Gandhi, who
established the Satyagraha Sabha in February 1919. Students, middle

ty
class, labor, and capitalists all took part in this campaign, and Congress was
nowhere to be found.. This was Mahatma Gandhi’s first mass movement.
●● On January 26, 1930, the United States celebrated its first Independence Day.

si
◌◌ The Dandi March kicked off the Civil Disobedience Movement. In February
1919, Mahatma Gandhi established the Satyagraha Sabha, which he led from
March 12 to April 6, 1930. Students, middle class, labor, and capitalists all
r
took part in this campaign, and Congress was nowhere to be found. This was
Mahatma Gandhi’s first mass movement.
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●● On April 6, 1930, Mahatma Gandhi and his 78 followers marched from Sabarmati
Ashram to Dandi, breaking the salt laws by producing salt.
●● The First Round Table Conference was held on November 12, 1930.
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●● The Gandhi-Irwin Pact was concluded on March 5, 1931.


●● On March 23, 1931, Bhagat Singh, Rajguru, and Sukhdev were placed on trial.
U

●● Vallabh Bhai Patel presided over the Indian National Congress (INC) Karachi
Session on March 29, 1931. A resolution on Fundamental Rights and Economic
Policy was passed for the first time during this session.
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●● On September 7, 1931, Gandhi ji attended the Second Round Table Conference


on behalf of the Congress.
●● The Communal or Ramsay Macdonald Award was announced on August 16, 1932.
●● The Poona Pact was signed on September 26, 1932.
m

●● The Third Round Table Conference was convened in November of 1932.


●● The Government of India Act of 1935 established the All India Federation, with
Provincial Autonomy and Diarchy at the core.
)A

Towards Quit India Movement


Important Congress Sessions:

√ 1936 – Lucknow (UP) – Overseen by J.L Nehru


(c

√ 1937 – Faizpur (Maharashtra) – Overseen by J.L Nehru

√ 1938 – Haripura (Gujarat) – Overseen by S.C Bose


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122 Constitutional History of India

√ 1939 – Tripuri (M.P) – Overseen by S.C Bose


Notes

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●● When the Second World War broke out in September 1939, India was made an
ally against its will.

in
●● S.C. Bose formed Forward Bloc in 1939. It was a left-wing political party.
●● On August 10, 1940, Viceroy Lord Linlithgow made August Offer to Indians to
enlist their help in the Second World War.

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4.1.2 Rowlatt Act Satyagraha, 1919

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The Anarchical and Revolutionary Crimes Act of 1919, also known as the Rowlatt
Act, was enacted by the Imperial Legislative Council in Delhi on March 18, 1919, and
extended indefinitely the emergency steps of preventive undefined arrest, incarceration
without trial, and judicial review passed in the Defense of India Act 1915 during World

ty
War I. It was enacted in response to a perceived threat from revolutionary nationalists
to organizations of re-engaging in similar conspiracies to those that occurred during the
war, which the Government believed the lapse of the Defense of India Act would allow.

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The Rowlatt Act was instrumental in bringing Gandhi into the mainstream of India’s
independence movement and ushering in the Gandhi Era of Indian politics..

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The Rowlatt Act was passed by the British parliament, giving police the authority
to arrest anybody for any cause. The Act was enacted to quell the country’s increasing
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nationalist upsurge. Gandhi urged people to engage in Satyagraha to protest such
oppressive “Acts.”

This act, based on the recommendations of the Rowlatt Committee and named
after its chief, British Judge Sir Sidney Rowlatt, effectively allowed the government to
ni

detain anyone accused of terrorism in British India for up to two years without charge or
trial, and gave imperial authorities the power to deal with all revolutionary activities.
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The controversial law allowed for tighter press controls, warrantless arrests,
unlimited detention without charge, and juryless in camera trials for proscribed political
actions. The right to know who the accusers were and what evidence was included
in the trial was denied to the accused. Those who were convicted were required to
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deposit securities and were prohibited from participating in any political, educational, or
religious activities after their release. On February 6, 1919, two bills were introduced in
the central legislature based on the committee’s report, which was chaired by Justice
Rowlatt. Indians refer to it as the “Black Act.” The bills were dubbed “Black Bills” as a
result of their appearance. They gave cops vast powers to search a location and arrest
m

anyone they didn’t like without a warrant. The Rowlatt Act was passed on March 18,
1919, despite strong opposition. The act was enacted to quell the country’s growing
nationalist upsurge.
)A

Other Indian leaders, including Mahatma Gandhi, were harsh critics of the Act,
arguing that not everyone should be punished for isolated political crimes. In protest
of the act, Madan Mohan Malaviya and Muhammad Ali Jinnah, a member of the All-
India Muslim League, resigned from the Imperial legislative council. Many other Indian
(c

leaders and the general public were outraged by the act, prompting the government
to take repressive measures. Gandhi and others believed that constitutional opposition
to the measure would be futile, so they staged a hartal on April 6. This was a protest
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in which Indians shut down businesses, went on strike, and fasted, prayed, and held
Notes

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public meetings to protest the ‘Black Act.’ Civil disobedience was also used to protest
the law. Mahatma Gandhi took a bath in the sea and gave a speech before leading a
procession to a temple in Mumbai. The non-cooperation movement was represented at

in
this event.

The success of the Delhi hartal on March 30 was overshadowed by rising tensions,

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which resulted in rioting in Punjab, Delhi, and Gujrat. Gandhi suspended the resistance
after determining that Indians were not ready to take a stand consistent with the
principle of nonviolence, which is an integral part of satyagraha (disobedience of British
government law without violence).

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On March 21, 1919, the Rowlatt Act became law. The protest movement in Punjab
was very strong, and on April 10th, two congress leaders, Dr. Satyapal and Saifuddin
Kitchlew, were arrested and secretly taken to Dharamsala.

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The army was called into Punjab, and on Baisakhi Day, 13 April, residents from
nearby villages gathered to celebrate Baisakhi and protest the deportation of two
important Indian leaders to Amritsar, which resulted in the infamous Jallianwala Bagh

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massacre of 1919.

In March 1922, the Government of India accepted the report of the Repressive

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Laws Committee and repealed the Rowlatt Act, the Press Act, and twenty-two other
laws.
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Sidney Rowlantt. best remembered for his controversial presidency of the


Rowlantt Committee, a sedition committee appointed in 1919 by the British Indian
m

Government to evaluate the links between Political terrorism in India.

Anti-Rowlatt Satyagraha:
On the 24th of February AD 1919, M. K. Gandhi launched a campaign against
)A

the Rowlatt bill and established the Satyagraha Sabha in Bombay. The Anti-Rowlatt
Satyagarha lost steam after the massacre at Jallianwala Bagh on April 13, 1919. The
movement was against restrictions on press freedom and detention without charge.

The Rowlatt Act gives the British the power to suspend the right of Habeas
(c

Corpus.. This enraged the National Leader, who began agitating against the tyranny
of minority rule. During the months of March and April 1919, India experienced a
remarkable political awakening. Hartals, strikes, processions, and demonstrations took
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124 Constitutional History of India

place. Local leaders Kitchlew and Satyapal were deported from Amritsar (9th April).
Notes

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Following the arrest of local leaders, attacks on British symbols of authority erupted,
and on April 11th, General Dyers imposed martial law.

in
On the 13th of April, a peaceful, unarmed crowd (mostly visitors from nearby villages
celebrating Baisakhi) gathered in an enclosed ground (Jallianwala Bagh) to attend a public
meeting unaware of the ban was brutally massacred without warning. The massacre at

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Jallianwala Bagh shocked the entire nation and instilled in patriotic minds an aggressive
desire for vengeance. After confessing a “Himalayan Blunder,” Gandhi withdrew the
movement on April 18th, overwhelmed by the overall atmosphere of violence.

O
The Anti-Rowlatt Satyagarh lost steam after the Jallianwala Bagh massacre on
April 13, 1919. Gandhi was also deeply affected by the violence in Punjab, Gujarat, and
Bengal. As a result, M.K. Gandhi calls a halt to the movement.

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4.1.3 Jallianwala Bagh Massacre
Jallianwala Bagh massacre, also known as the Amritsar Massacre, occurred on
April 13, 1919, in Amritsar, Punjab, India, when British troops opened fire on a large

si
crowd of unarmed Indians in an open space known as the Jallianwala Bagh, killing
several hundred people and injuring many more. It was the prelude to Mohandas
(Mahatma) Gandhi’s full commitment to the cause of Indian nationalism and
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independence from Britain, and it marked a turning point in India’s modern history in
ve
that it left a permanent scar on Indo-British relations.

The governor of Punjab province backed the massacre in Amritsar and declared
martial law across the province on April 15. Viceroy Chelmsford, on the other hand,
called the slaughter “a mistake of judgement,” and when Secretary of State Montagu
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learned of it, he appointed a commission of inquiry, led by Lord Hunter. Despite being
relieved of command, Dyer was hailed as a hero by many in Britain, particularly
conservatives, and members of the House of Lords presented him with a jewelled
U

sword inscribed “Saviour of the Punjab” in Parliament.

Millions of moderate Indians who had been patient and loyal supporters of the
British raj became nationalists after the Amritsar Massacre, never again trusting British
ity

“fair play.” As a result, a majority of the Congress’s supporters have shifted their support
from moderate cooperation with the raj and its promised reforms to revolutionary
non-cooperation. Liberal Anglophile leaders like Jinnah would soon be displaced
by Gandhi’s followers, who would launch the non-cooperation movement, his first
nationwide satyagraha (“holding on to truth”) nonviolent campaign, a year after that
m

heinous massacre, as India’s revolutionary response.


)A
(c

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Notes

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O
Mural Depicting 1919 Amritsar Massacre

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The April 1919 massacre was not a one-off event; rather, it was the result of a
complex set of circumstances. To comprehend what happened on April 13, 1919, one
must first comprehend the events that preceded it.

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The Indian National Congress had assumed that once WWI ended, self-
government would be granted, but the Imperial bureaucracy had other ideas.

What Led To The Jallianwala Bagh Massacre


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On March 10, 1919, the Rowlatt Act (Black Act) was passed, allowing the
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government to imprison or confine anyone suspected of seditious activities without a
trial. This resulted in widespread unrest.

To protest the Rowlatt Act, Gandhi started Satyagraha.


ni

On April 7, 1919, Gandhi published Satyagrahi, an article outlining ways to fight the
Rowlatt Act..

The British authorities discussed the course of action to be taken against Gandhi
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and any other Satyagraha leaders.

Gandhi was prohibited from entering Punjab, and if he disobeyed the orders, he
would be arrested..
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Sir Michael O’ Dwyer, the Lieutenant Governor of Punjab from 1912 to 1919,
proposed that Gandhi be deported to Burma, but his fellow officials objected, fearing
that it would incite the public.
m

Dr. Saifuddin Kitchlew and Dr. Satyapal, two prominent leaders who stood for
Hindu-Muslim unity, organised a peaceful protest in Amritsar against the Rowlatt Act.
)A
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126 Constitutional History of India

Notes

e
in
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O
When O’ Dwyer issued orders to the Deputy Commissioner, Mr Irving, to arrest Dr
Satyapal and Dr Kitchlew on April 9, 1919, Ram Naumi was being celebrated.

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The following excerpt from the Amrita Bazar Patrika, dated November 19, 1919,
discusses Mr Irving’s testimony before the Hunter Commission and highlights the British
authorities’ mindset:

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“He (Irving) was directed by the Government of Sir Michael O’Dwyer to deport
Dr Kichlew and Satyapal. He knew that such an act would lead to a popular outburst.
He also knew that none of these popular leaders favoured violence. He invited the two
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gentlemen to his house on the morning of April 10th and they unsuspectingly responded
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to the call no doubt relying on his honour as an Englishman. But after they had been
under his roof for half an hour as his guests, they were caught hold of, and removed
towards Dharmasala under police escort! Mr Irving told this story without showing any
sign of having done an act which very few Englishmen would care to do.”
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The enraged protestors marched to the Deputy Commissioner’s residence on


April 10, 1919, demanding the release of their two leaders. They were shot at without
provocation here. A large number of people were injured or killed. The demonstrators
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retaliated with lathis and stones, attacking any European who crossed their path.

The attack on Miss Sherwood, the Superintendent of the Mission School in


Amritsar, was one of the mishaps. According to her testimony, she was apprehended
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and beaten by a mob on April 10, 1919, yelling “Kill her, she is English” and “Victory
to Gandhi, Victory to Kitchlew.” She was assaulted until she passed out. The mob
dispersed, assuming she had died. The ‘Lokasangraha,’ a weekly published out of
Bombay, provides a counter-narrative, denying claims of severe harm and claiming that
the wounds inflicted were in fact minor.
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April 13, 1919 - Jallianwala Bagh Massacre


The Punjab government set out to suppress all opposition after passing the Rowlatt
)A

Act.

The public had gathered to celebrate Baisakhi on April 13, 1919. However, as
evidenced by documents in the National Archives of India, the British perspective
indicates that it was a political gathering.. Despite General Dyer’s orders prohibiting
(c

unlawful assembly, people gathered at Jallianwala Bagh to debate two resolutions: one
condemning the April 10 firing and the other requesting that their leaders be released.

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When the news reached him, Brigadier-General Dyer led his troops to Baghdad.
Notes

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He marched into the Bagh, deployed his troops, and told them to fire without
warning. People rushed for the exits, but Dyer ordered his soldiers to open fire.

in
The firing lasted for another 10-15 minutes. A total of 1650 rounds were fired.
Only when the ammunition ran out did the firing stop. According to General Dyer and
Mr Irving, the total number of people killed was 291. Other reports, such as one by a

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committee led by Madan Mohan Malviya, put the death toll at over 500

Post Jallianwala Bagh

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Martial Law was declared in five districts two days after the massacre: Lahore,
Amritsar, Gujranwala, Gujarat, and Lyallpore.

The declaration of martial law gave the Viceroy the authority to order the immediate

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trial of anyone involved in revolutionary activities by a court-martial. Tagore renounced
his Knighthood as word of the massacre spread across the country.

Hunter Commission

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The Disorders Inquiry Committee was formed on October 14, 1919, to investigate
the massacre. The Hunter Commission was the name given to it later.
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The Hunter Commission was ordered to issue a report on the government’s actions
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and whether or not they were justified. All British officials involved in the administration
during the Amritsar riots, including General Dyer and Mr Irving, were interrogated.

Sir Michael O’ Dwyer immediately acknowledged General Dyer’s actions on


the day of the Massacre, writing to him: “Your action correct. Lieutenant-Governor
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approves.” Various newspapers slammed Dyer and Dwyer after publishing their own
accounts of the heinous massacre.
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The massacre was described by the Committee as one of the darkest episodes in
British administration.

Dyer’s actions were condemned by the Hunter Commission in 1920. As stated in


Montagu’s letter to His Excellency, the Commander-in-Chief directed Brigadier-General
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Dyer to resign from his position as Brigade Commander and informed him that he would
receive no further employment in India.

O’ Dwyer’s Assassination
m

Udham Singh, an Indian freedom fighter, assassinated Michael O’Dwyer, who had
approved Dyer’s action and was thought to be the main planner, on March 13, 1940,
at Caxton Hall in London. Udham Singh’s action was denounced by Gandhi as an “act
)A

of insanity.” “We have no desire for vengeance,” he added. We want to overhaul the
system that gave birth to Dyer.”

As a result, Jallianwala Bagh was the catalyst for India’s independence. For both
the victims and the colonial rulers, it was a tragedy. It exposed a fatal flaw in their
mindset and assumptions. It eventually forced them to leave the land they had hoped to
(c

rule for centuries.

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4.1.4 Gandhi’s Strategy


Notes

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Gandhi saw no distinction between religion and politics, and his political power
stemmed in large part from his spiritual leadership over India’s masses, who revered

in
him as a sadhu (holy man) and worshipped him as a mahatma (which means “great
soul” in Sanskrit The polar stars of his political movement were satya (“truth”) and
ahimsa (nonviolence, or love); the former was an ancient Vedic concept of the real,

nl
encapsulating the very essence of existence itself, while the latter, according to Hindu
(as well as Jain) scripture, was the highest religion (dharma). Satya (“truth”) and ahimsa
(nonviolence, or love) were the polar stars of his political movement; the former was an
ancient Vedic concept of the real, encapsulating the very essence of existence itself,

O
while the latter was the highest religion according to Hindu (as well as Jain) scripture
(dharma). Gandhi’s tactic for stopping British rule was to ask all Indians to boycott all
British-made products, British schools and colleges, British courts of law, British titles

ty
and honours, British elections and elective offices, and, if all else failed, British tax
collectors. The machine would be stopped if India withdrew its support completely, and
nonviolent non-cooperation would achieve the national goal of swaraj.

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The Muslim quarter of India’s population was unlikely to respond more
enthusiastically to Gandhi’s satyagraha call than they had to Tilak’s revivalism, but
Gandhi fought valiantly to achieve Hindu-Muslim unity by supporting the Ali brothers’

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Khilfat movement as the “premier plank” of his national programme. The Khilfat
movement began in reaction to news that the Ottoman Empire had been dismembered
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by the Treaty of Sèvres in 1920, and it coincided with the birth of satyagraha, giving
India’s nationalist agitation the appearance of unity. However, such unity proved to be
as chimerical as the Khilafat movement’s dream of retaining the caliphate itself, and
in December 1920, Mohammed Ali Jinnah, alienated by Gandhi’s mass following of
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Hindi-speaking Hindus, walked out of the Congress Party meeting in Nagpur. By the
beginning of 1921, the antipathetic forces of revivalist Hindu and Muslim agitation,
destined to lead to the birth of the independent dominions of India and Pakistan in
U

1947, had been firmly set in action in their isolated directions.

Champaran Satyagraha, 1917:


The Champaran Satyagraha of 1917 was Gandhi’s first Satyagraha movement in
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India, and it is regarded as a pivotal moment in the Indian Independence Movement. During
the British colonial period, a farmer’s uprising occurred in the Champaran district of Bihar,
India. Farmers were protesting against having to grow indigo for very little money.

When Gandhi came back to India from South Africa in 1915 and saw peasants
m

exploited by indigo planters in northern India, he tried to use the same means he had
used in South Africa to put together mass uprisings of individuals to protest injustice.
)A

The first popular satyagraha movement was Champaran Satyagraha. The


Champaran Satyagraha gave direction to India’s youth and freedom effort, which was
split between moderates who supported Indian involvement in the British colonial
structure and Bengali extremists who supported violent methods to conquer the British
colonialists in India.
(c

Many tenant farmers were required to cultivate indigo on a portion of their land
as a condition of their tenancy under Colonial-era rules. This indigo was used in the

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dyeing process. Indigo demand dropped as a result of the Germans’ invention of a


Notes

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less expensive artificial dye. Some tenants paid higher rent in exchange for not having
to grow indigo. However, when German dye became unavailable during World War I,
indigo became lucrative once more. As a result, many tenants were once again forced

in
to grow it on a portion of their property, as their lease required. As a result, there was a
lot of rage and resentment.

nl
In 1750, commercial neel (indigo) cultivation began in Berar (now Bihar), Awadh
(now Uttar Pradesh and Uttarakhand), and Bengal. Local farmers generally opposed
its cultivation because it was a cash crop that needed a lot of water and left the soil
infertile, preferring instead to grow daily-need crops like rice and pulses. As a result

O
of their collusion with local rulers, nawabs, and landlords, British colonialists forced
farmers to cultivate hemp, mostly as a condition of receiving loans. Jardine Matheson,
E.Pabaney, Sassoon, Wadias, and Swire were among the Asian and European traders

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and companies who benefited from the lucrative trade.

Weed traders started to put pressure on weed planters to increase production


after weed trade to China was made illegal in the early 1900s and limited in the United

si
States in 1910. Many tenants said that their landlords used coercion to obtain illegal
cesses and other forms of extortion. A number of lawyers and politicians had raised this
question, and there had also been a Commission of Inquiry. Ganesh Shankar Vidyarthi

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and Peer Muneesh lost their jobs after publishing the state of Champaran in their
publications. Gandhi was persuaded to go to Champaran by Raj Kumar Shukla and
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Sant Raut, a moneylender who owned some land, and thus the Champaran Satyagraha
began. Gandhi arrived in Champaran on April 10, 1917, with a group of eminent lawyers
including Brajkishore Prasad, Rajendra Prasad, Maulana Mazharul Haque, Anugrah
Narayan Sinha, Babu Gaya Prasad Singh, Ramnavmi Prasad, and others, including J.
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B. Kripalani, and stayed at the house of Sant Raut in Amolwa village.

On November 13, 1917, Gandhi organised scores of his veteran supporters


and new volunteers from the area to open the first-ever basic school in Barharwa
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Lakhansen village, 30 kilometres east of the district headquarters in Dhaka, East


Champaran. [8] His hand-picked legal team, which included[9] Rajendra Prasad,
Anugrah Narayan Sinha, and Babu Brajkishore Prasad, conducted a thorough analysis
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and survey of the villages, accounting for the massacres and terrible episodes of
misery, as well as the general condition of degenerate living.

His most serious attack occurred when he was arrested by police on April 16 and
ordered to leave the province on the charge of inciting riots. Gandhi humbly declined to
m

be bound by the diktat when asked to pay a protection of Rs. 100 by magistrate George
Chander in Motihari district court on April 18. Hundreds of thousands of people marched
and gathered outside the court, urging the court to free him, which it did reluctantly. The
case was later dropped by the British government.
)A

Gandhi organised demonstrations and a strike against the landlords, who, with
the help of the British government, signed an agreement granting more compensation
and power over farming to the region’s poor farmers, as well as a moratorium on
tax increases and collection until the famine was over. Sant Raut referred to Gandhi
(c

as “Bapu” (Father) and “Mahatma” for the first time during this agitation (Great Soul).
Gandhi disliked being addressed as “Mahatma,” preferring to be addressed as Bapu.

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130 Constitutional History of India

W Maude, Member of Executive Council, Government of Bihar and


Notes

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Orissa, introduced the ‘Champaran Agrarian Bill,’ which “consists of almost all
recommendations Gandhi Mission had made and became the Champaran Agrarian
Law” (1918: Bihar and Orissa Act I). “ For the first time in India, civil disobedience

in
forced the British to change their “solipsistic attitude.” While the British government
suppressed the Indian Rebellion of 1857, Satyagraha’s peaceful contact led the colonial
government to believe it would fail. Gandhi “confused, angered, and divided the British

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in almost equal measure,” according to one of Gandhi’s biographers, David Arnold;
the British were therefore “unsure whether he was, in their terms, a loyalist or a rebel.”
Gandhi’s “moral supremacy” was instrumental in Satyagraha’s success and Gandhi’s

O
final goal of achieving India’s independence.

Gandhi started leading the clean-up of villages, the construction of schools


and hospitals, and urging village leaders to abolish purdah, untouchability, and the

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suppression of women, based on the confidence of the villagers.. With the aid of Sant
Raut in West Champaran and Madhuban in this district, Gandhi founded two more
basic schools at Bhitiharwa and Madhuban..

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Kheda Satyagraha of 1918:
The Kheda Satyagraha of 1918 was a Satyagraha movement led by Mohandas
Karamchand Gandhi in the Kheda district of Gujarat, India, during the British Raj. In
r
the Indian independence movement, it was a massive uprising. After Champaran
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Satyagraha, it was the second Satyagraha movement. This movement was started by
Gandhi to help peasants.

Mahatma Gandhi was the spiritual leader of the struggle in Gujarat. Sardar
Vallabhbhai Patel, his chief lieutenant, and a small group of devoted Gandhians,
ni

including Indulal Yagnik, Shankarlal Banker, Mahadev Desai, Narhari Parikh, Mohanlal
Pandya, and Ravi Shankar Vyas, toured the countryside, organised the villagers,
and provided them with political leadership and directionMany enraged Gujaratis
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from Ahmedabad and Vadodara joined the revolt’s organisers, but Gandhi and Patel
opposed the participation of Indians from other provinces, preferring to keep the fight
strictly Gujarati.
ity

Patel and his colleagues organised a major tax rebellion, which drew support from
all of (Kheda’s) ethnic and caste groups. In the aftermath of the drought, the peasants of
Kheda signed a petition requesting that the tax for this year be abolished. The charter was
rejected by the Bombay government. They threatened that if the peasants did not pay, their
lands and property would be taken away, and they would be arrested in large numbers.
m

Withholding the levy, the government’s collectors and inspectors sent thugs to
seize property and cattle, while the police seized lands and all agrarian assets. The
)A

farmers did not resist arrest or use intimidation in retaliation for the force used against
them. Instead, they donated their money and valuables to the Gujarat Sabha, which
was responsible for organising the rally.

In terms of discipline and solidarity, the rebellion was incredible. Even after their
personal property, land, and livelihoods were confiscated, the farmers of Kheda
(c

remained steadfast in their support for Patel. Gujaratis sympathetic to the uprising in
other parts of the country stood up to the government machinery and helped to shelter

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the protesting peasants’ relatives and belongings. Those Indians who attempted to
Notes

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purchase the confiscated lands were thrown out of society. While nationalists such
as Sardul Singh Caveeshar advocated for sympathetic uprisings in other parts of the
country, Gandhi and Patel were adamantly opposed to the notion.

in
Finally, the government attempted to reach an amicable compromise that would
benefit both parties. The tax would be suspended for the current year and the next year,

nl
and the rate rise would be decreased, while all seized property would be returned.

People have worked together to reclaim seized lands and restore them to their
rightful owners. Even though the British had officially stated that they would stand by the

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buyers, those who had purchased the confiscated lands were persuaded to return them.

Non-cooperation movement, 1920:


Following the Rowlatt Act of 21 March 1919 and the Jallianwala Bagh massacre of

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13 April 1919, Mahatma Gandhi initiated the Non-Cooperation Movement on September
4, 1920, with the aim of achieving self-governance and complete independence (Purna
Swaraj).

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The Rowlatt Act of March 1919, which abolished the rights of political prisoners in
sedition cases, was seen by Indians as a “political awakening” and by the British as
a “threat.” [3] Despite the fact that it was never invoked and was rendered null and
r
void just a few years later, Gandhi was inspired by the act to develop the concept of
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satyagraha (truth), which he saw as synonymous with independence. The following
month, Jawaharlal Nehru supported this notion, saying that the massacre affirmed his
conviction that “nothing short of independence was appropriate.”

Gandhi’s non-cooperation campaign included persuading all Indians to stop


ni

working in any enterprise that “sustained the British government and economy in
India,” such as British factories and educational institutions. Gandhi’s non-cooperation
movement called for the restoration of the Khilafat (Khilafat movement) in Turkey and
U

the end of untouchability, in addition to encouraging “self-reliance” by spinning khadi,


buying Indian-made products only, and boycotting British goods. This resulted in the
first arrests of both Jawaharlal Nehru and his father, Motilal Nehru, on the basis of
public meetings and strikes (hartals) on 6 December 1921.
ity

It was one of the movements for Indian independence from British rule that ended
“suddenly” in February 1922 after the Chauri Chaura incident, as Nehru described it
in his autobiography. The Civil Disobedience Movement and the Quit India Movement
were two subsequent independence movements.
m

Protesters will refuse to buy British products, use local handicrafts, and picket
liquor stores using nonviolent means, or Ahimsa. Through the summer of 1920, the
)A

ideals of Ahimsa and nonviolence, as well as Gandhi’s ability to mobilise hundreds of


thousands of ordinary people to the cause of Indian independence, were first the non-
cooperation movement arose in response to the British Indian government’s repressive
policies, such as the Rowlatt Act and the Jallianwala Bagh massacre in Amritsar. A large
crowd had gathered near the Golden Temple in Amritsar’s Jallianwala Bagh to protest
(c

the arrest of Saifuddin Kitchlew and Dr. Satyapal, [citation needed] while others had
come to celebrate the annual Baisakhi festival. Soldiers under the orders of Brigadier-
General Reginald Dyer opened fire on civilians, killing and injuring thousands of

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132 Constitutional History of India

demonstrators. Thousands of people were displaced as a result of the uproar caused


Notes

e
by the shooting, and more people were killed by the police. The massacre became the
most well-known incident in British India during the colonial period.

in
Gandhi, a nonviolence preacher, was appalled. He lost confidence in the British
government’s goodness and announced that cooperating with the “satanic” government
would be a “sin”.

nl
Gandhi drew his philosophies and inspiration from ongoing non-cooperation
movements, especially Satguru Ram Singh’s, who is credited with being the first Indian
to use boycotts of British goods and services as a political tool.

O
Indian Muslims who had taken part in the Khilafat campaign to restore the Khalifa’s
status backed the non-cooperation movement. The movement tried to secure Swaraj,
or Indian independence, in reaction to the Jallianwala Bagh Massacre and other acts

ty
of violence in Punjab. Gandhi assured Swaraj that if his Non-Cooperation Policy was
completely enforced, he would be free in a year. Another explanation for Gandhi’s non-
cooperation campaign was that he had lost confidence in constitutional methods and
had switched from co-operator to non-co-operator under British rule.

si
Other reasons cited by nationalists include economic hardships for ordinary Indian
citizens, which they blamed on the influx of Indian riches to Britain, the ruin of Indian

r
artisans as a result of British factory-made products replacing handmade goods, and
forced recruitment and indignation of the British government over Indian soldiers killed
ve
while fighting in the British Army during World War I.

Significant public meetings were held in response to the calls of early political
leaders such as Bal Gangadhar Tilak (Congress Extremists). They wreaked havoc
ni

on government programmes or caused them to be obstructed. The British took them


seriously and imprisoned V.O.Chidambaram Pillai in Mandalay, Burma. He was
sentenced to 40 years in jail. The non-cooperation movement sought to undermine
the colonial economic and power system, forcing British officials to pay attention to the
U

independence movement’s demands.

Gandhi called for a national demonstration to condemn the Rowlatt Act. Both
businesses and factories will be shut down. Indians would be allowed to leave the
ity

Raj’s schools, police forces, military, and civil service, and lawyers would be required to
leave the courts. The boycott included public transportation and English-made goods,
especially clothing. Indians resigned from various positions such as teachers, attorneys,
civil and military services, and returned honours and titles bestowed by the government.
m

Bal Gangadhar Tilak, Bipin Chandra Pal, Mohammad Ali Jinnah, and Annie Besant
were all outspoken opponents of the plan. The concept was also slammed by the All
India Muslim League. The younger generation of Indian nationalists, on the other hand,
)A

was ecstatic and enthusiastically supported Gandhi. His proposals were accepted by
the Congress Party, and Muslim leaders such as Maulana Azad, Mukhtar Ahmed
Ansari, Hakim Ajmal Khan, Abbas Tyabji, Maulana Muhammad Ali Jauhar, and Maulana
Shaukat Ali backed him up.

The uprising was a complete shock to British authorities and a major source of
(c

inspiration for millions of Indian nationalists. The country’s unity was bolstered, and
many Indian schools and colleges were founded. The sale of Indian products was

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Constitutional History of India 133

promoted. On February 4, 1922, a massacre occurred in Chauri Chaura, a small


Notes

e
town in the Gorakhpur district of Uttar Pradesh. A police officer assaulted a group of
volunteers who were picketing a liquor store. A large crowd of peasants gathered there
and proceeded to the police chowki (station). The mob set fire to the police chowki,

in
which had 22 officers.

The revolution was veering off track, and Mahatma Gandhi was dissatisfied with

nl
the movement’s gradual loss of its nonviolent existence. He didn’t want the campaign
to devolve into a bloodbath, with police and enraged mobs attacking each other and
victimising civilians in the process. Gandhi appealed to the Indian people to put an end
to all opposition, went on a three-week fast, and ended the non-cooperation movement.

O
Gandhi was also a staunch supporter of STS (struggle truce struggle). [requires citation]
He believed that after a period of struggle, there should be a period of rest during which
they could regain control and grow stronger and more dominant. Despite the fact that

ty
this argument is not discussed, Gandhi withdrew from any movement he led after a
year or two.

After the Chauri Chaura incident, the non-cooperation movement was disbanded.

si
Mahatma Gandhi was arrested on March 10, 1922, despite having single-handedly put
down the national uprising. He was sentenced to six years in prison on March 18, 1922,
for publishing seditious materials. This resulted in the movement’s suppression, as well
as the imprisonment of other leaders.
r
ve
Despite the fact that the majority of Congress leaders remained loyal to Gandhi,
a group of determined leaders, including the Ali brothers, broke away (Muhammad Ali
and Shaukat Ali). In response to Gandhi’s leadership, Motilal Nehru and Chittaranjan
Das formed the Swaraj Party. Many nationalists believed that the non-cooperation
ni

movement should not have been halted because of isolated acts of violence, and most
nationalists were discouraged, despite their faith in Gandhi.

Since Gandhi’s devotion to non-violence was never redeemed because he was


U

wealthy, tens of millions of people revolted in the Salt Satyagraha between 1930 and
1934, making India’s cause popular worldwide for its unwavering adherence to non-
violence. The Satyagraha was successful. The demands of Indians were met, and the
Congress was accepted as the Indian people’s representative. India’s first experience of
ity

democratic self-government came with the Government of India Act of 1935.

Chauri Chaura incident, 1922:


The Chauri Chaura incident occurred on February 4, 1922, in Chauri Chaura,
m

Gorakhpur district, United Province (modern Uttar Pradesh), British India, when a
large group of non-cooperation demonstrators clashed with police who opened fire.
Demonstrators struck and set fire to a police station in revenge, killing all of the officers
)A

inside. Three civilians and 22 police officers were killed in the attack. As a direct result
of this event, Mahatma Gandhi, who was a staunch opponent of violence, put an end
to the national non-cooperation movement on February 12, 1922. Despite Gandhi’s
decision, British authorities sentenced 19 detained demonstrators to death and 14 to life
imprisonment.
(c

Indians, led by Mahatma Gandhi, were involved in a national non-cooperation


movement in the early 1920s. The Indian National Congress organised demonstrations

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134 Constitutional History of India

using nonviolent civil disobedience known as Satyagraha to oppose repressive


Notes government regulatory measures such as the Rowlatt Act, with the ultimate aim of

e
swaraj, or freedom.

in
Volunteers in the Non-cooperation Movement, led by a former Army soldier named
Bhagwan Ahir, protested high food prices and liquor sales in the marketplace two days
before the incident, on February 2, 1922. The demonstrators were beaten back by

nl
police in the area. Several of the leaders were apprehended and taken to the Chauri
Chaura police station’s detention centre. As a result, a rally against the police has been
planned for February 4th at the local marketplace.

O
On the 4th of February, a group of 2,000 to 2,500 demonstrators gathered and
marched towards the Chauri Chaura market. They’d gathered in the marketplace to
picket a liquor store. Their leader was apprehended, beaten, and imprisoned. A section
of the crowd gathered in front of the local police station, chanting slogans demanding

ty
that their leader be released. As the crowd marched towards the market and began
chanting anti-government slogans, armed police were deployed to keep the situation
under control. The police fired warning shots into the air in an effort to frighten and

si
disperse the crowd. The crowd became enraged and started throwing stones at the
officers.

When the situation became out of hand, the Indian sub-inspector in charge ordered
r
the police to open fire on the approaching crowd, killing three people and injuring
ve
several others. The explanation for the police withdrawal has been variously reported,
with some claiming that the constables ran out of ammunition and others claiming that
the crowd’s suddenly assertive response to the shooting was the cause. The heavily
outmanned police were forced to retreat to the safety of the police chowki as the
angry mob advanced. The mob, enraged by the gunshots into their ranks, set fire to
ni

the chowki, killing all the Indian cops and chaprassis (official messengers) who were
trapped inside.
U

The Dandi March of 1930:


On his way from Sabarmati Ashram to Dandi, the 62-year-old ‘Bapu’ was joined by
hundreds, then thousands, as he walked the 386-kilometer path. It was the start of the
ity

civil disobedience movement, which began on April 5 when Mahatma Gandhi broke the
salt law in the Arabian Sea coastal town of Dandi. Namak Satyagrah, or Salt Satyagrah,
is another name for Dandi March.

Why Mahatma Gandhi chose Namak Satyagrah to start the civil disobedience
m

movement

The British had a monopoly on salt production and distribution. The Namak
Satyagrah was organised in response to the British government’s high salt levy.
)A

Producing salt from seawater, as the Indians had done for centuries, was an act of
nonviolent civil disobedience in colonial India. Such production was considered illegal
by British authorities, who forced citizens to purchase it at exorbitant prices.

While salt was not the primary issue that Indians faced under British rule, it was
(c

chosen to represent the beginning of the civil disobedience movement because salt
was seen as a fundamental right that each Indian had. Also, rather than paying hefty
taxes on salt purchased from the British, salt could be made for free from the ocean.

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As a result, Mahatma Gandhi proclaimed the civil disobedience movement’s


Notes

e
unifying theme to be resistance to British salt policies, and the Dandi March was born.

The gesture which marked the breaking of the British Salt Law

in
The police smashed the salt deposits into the mud, despite Dandi March’s attempt
to enter the coastal town and work the salt flats on the beach, which were encrusted
with crystallized sea salt at any high tide. So Mahatma Gandhi defied the British salt

nl
rule by reaching down and picking up a small lump of natural salt from the mud.

O
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4.1.5 Trial of Bhagat Singh, Rajguru and Sukhdev, 1931
On March 23, 1931, in Punjab’s Hussainwala, Bhagat Singh, Sukhdev Thapar,
and Shivaram Rajguru, three of India’s most respected freedom fighters, were hanged
ni

(now in Pakistan). Their execution inspired a generation of young people to join the
revolution, re-energizing the war against the British empire.

Indians commemorate the martyrs who shed fresh blood in the struggle for India’s
U

independence on Martyrs’ Day, also known as Shaheed Diwas or Sarvodaya Day.

Bhagat Singh:
If someone was smiling just before he was hanged at the age of 23, it was Bhagat
ity

Singh.

Bhagat Singh was born on September 27, 1907, in Punjab’s Banga village near
Jaranwala (now Pakistan), to a family of freedom fighters. His father (Kishan Singh)
and uncle, Sardar Ajit Singh, were both great freedom fighters. Bhagat Singh began
m

dreaming of rising guns in the fields as a way to combat colonial rule when he was a
child.
)A

The Ghadar Movement left a lasting impression on him. His hero was Kartar
Sing Sarabha, who was hanged at the age of 19. On April 13, 1919, the massacre at
Jallianwala Bagh compelled him to travel to Amritsar. When his parents decided to get
him married, he was studying for his B.A. exam. He flatly refused the proposal, claiming
that if his wedding were to take place in Slave-India, his bride would be death.
(c

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136 Constitutional History of India

Notes

e
in
nl
O
ty
Photograph of Bhagat Singh

Shivaram Rajguru:

si
Shivaram Rajguru, who was born on August 24, 1908, had seen the British commit
atrocities against India and its citizens. This instilled in him a deep desire to join the

r
revolutionaries in the fight for India’s independence. He entered the HSRA with the aim
of instilling terror in the British empire.
ve
When the British dealt critical blows including the Lahore Conspiracy Case and the
bombing of the Central Assembly Hall in New Delhi, Rajguru made the British take note
of the growing domestic uprising.
ni
U
ity
m

Photograph of Shivaram Rajguru


)A

Sukhdev Thapar:
Sukhdev Thapar, who was born on May 15, 1907, had witnessed the Imperial
British Raj’s barbaric atrocities on India, which inspired him to join the revolutionaries,
(c

vowing to free India from British dominion. Sukhdev Thapar organised revolutionary
cells in Punjab and other parts of North India as a member of the Hindustan Socialist
Republican Association (HSRA).
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Constitutional History of India 137

He also went on to teach the youth at Lahore’s National College about India’s glorious
Notes

e
history, inspiring them greatly. He founded the ‘Naujawan Bharat Sabha’ in Lahore with
other renowned revolutionaries, which was engaged in a variety of activities, primarily
preparing the youth for the freedom struggle and putting an end to communalism.

in
He also took part in other political movements, such as the 1929 “Prison Hunger
Strike,” but he is best known for his valiant assault in the Lahore Conspiracy Case.

nl
O
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Photograph of Sukhdev Thapar
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Assembly Incident Trial:
The dramatic demonstration drew universal condemnation from the political world.
ni

Bhagat Singh’s response was as follows: “Force when aggressively applied is ‘violence’
and is, therefore, morally unjustifiable, but when it is used in the furtherance of a
legitimate cause, it has its moral justification.”
U

The trial began in May, with Bhagat Singh seeking to defend himself and
Batukeshwar Dutt being represented by Afsar Ali.

The court ruled in favour of a life sentence, noting the explosions’ malicious and
ity

unlawful nature.

Lahore Conspiracy Case:


Police raided the Hindustan Socialist Republican Association (HSRA) bomb
m

factories in Lahore shortly after the sentencing and detained some popular
revolutionaries.

Three people, Hans Raj Vohra, Jai Gopal, and Phanindra Nath Ghosh, became
)A

government approvers, resulting in 21 arrests, including Sukhdev Thapar, Jatindra Nath


Das, and Shivaram Rajguru.

Bhagat Singh was re-arrested on charges of the Lahore Conspiracy, murdering


Assistant Superintendent Saunders, and making bombs.
(c

On July 10, 1929, a special session court presided over by Judge Rai Sahib Pandit
Sri Kishen began hearings against 28 defendants.

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138 Constitutional History of India

Prison Hunger Strike:


Notes

e
In prison, Bhagat Singh and his fellow inmates went on an indefinite hunger strike
in protest of the discriminatory treatment of white and native prisoners, and asked to be

in
recognised as “political prisoners.”

The hunger strike drew a lot of coverage from the media and garnered a lot of
public support for their demands. After the death of Jatindra Nath Das, who had been

nl
fasting for 63 days, public sentiment turned against the authorities.

On October 5, 1929, Bhagat Singh broke his 116-day fast at the behest of his
father and the Congress leadership.

O
Saunders’ murder:
Bhagat Singh and Shivaram Rajguru shot and killed assistant superintendent of

ty
police John Saunders on December 17, 1927.

Their compatriots Sukhdev Thapar and Chandrashekhar Azad backed them up


in this act. But it was Superintendent of Police James Scott, not Saunders, who had

si
directed his men to lathi-charge demonstrators, resulting in the death of nationalist
leader Lala Lajpat Rai.

On the orders of Viceroy Lord Irwin, a special tribunal consisting of Justice J


r
Coldstream, Justice Agha Hyder, and Justice GC Hilton was formed on May 1, 1930,
ve
due to the slow pace of the legal proceedings. The tribunal had the authority to proceed
without the involvement of the accused, and it was a one-sided trial that hardly followed
the norms of legal rights.
ni

On October 7, 1930, the tribunal handed down its 300-page decision. It said that
irrefutable evidence had been presented proving Bhagat Singh, Sukhdev Thapar, and
U

Shivaram Rajguru’s involvement in the murder of Saunders. During the courtroom,


Bhagat Singh confessed to the murder and made comments critical of British law. They
had been sentenced to be hanged before they died.
ity

Shaheed Diwas:
Bhagat Singh, along with his comrades Rajguru and Sukhdev, were hanged in
Lahore Jail on March 23, 1931, at 7:30 a.m.

The trio is said to have marched cheerfully towards the gallows while shouting
m

slogans such as “Inquilab Zindabad” and “Down with British Imperialism.”

On the banks of the Sutlej River, at Hussainiwala, India’s beloved sons were cremated.
)A

Bhagat Singh and Sukhdev Thapar were just 23 years old when they were executed.
And when Shivaram Rajguru was hanged on March 23, he was just 22 years old.

4.1.6 Karachi Congress Session, 1931


(c

Sardar Vallabhbhai Patel presided over the Karachi Congress Session of 1931.
The Gandhi Irwin Pact was endorsed at a special session of the Indian National
Congress held in Karachi from March 26 to March 31, 1931. In the Second Round

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Constitutional History of India 139

Table Conference, Mahatma Gandhi was elected to represent the Indian National
Notes

e
Congress. The British executed Bhagat Singh, Sukhdev, and Rajguru just six days
before the Karachi session of Congress in 1931. As a result of Gandhi’s inability to
obtain a commutation of death sentences for Bhagat Singh, Sukhdev, and Rajguru,

in
there was widespread public outrage. When Mahatma Gandhi arrived in Karachi for the
Congress session in 1931, he was met with black flag protests in protest of Gandhi’s
refusal to sign the pact over the question of commutation for Bhagat Singh, Sukhdev,

nl
and Rajguru. Punjab Naujawan Bharat Sabha led the rally.

Resolutions at Indian National Congress Karachi Session in 1931:

O
In Karachi in 1931, the Indian National Congress passed a resolution distancing
itself from and condemning the policy of political violence in any form. Mahatma Gandhi
drafted a resolution honouring the courage and devotion of the three Martyrs, Bhagat
Singh, Sukhdev, and Rajguru. The Congress backed the Gandhi-Irwin agreement and

ty
reaffirmed its commitment to Purna Swaraj, or full independence from the British.

Resolution on fundamental rights at Indian National Congress Karachi Session in

si
1931:
The Indian National Congress adopted two resolutions in the Karachi Session of 1931,
one on fundamental rights and the other on the national economic programme, which made
r
the Karachi resolution popular. The following is included in the human rights resolution:
ve
●● The right to freedom of speech and expression and association, as well as the
right to freely assemble without weapons.
●● Religious freedom and religious propagation, subject to public order and morality.
ni

●● Minority languages, cultures, and scripts are covered.


●● Religious, caste, creed, and gender equality before the law.
U

●● Equality of opportunity in public jobs, power, and honour, among other things.
●● The right to keep and bear arms in compliance with applicable laws and
reservations.
ity

●● Adult franchise with a global reach.


●● Freedom of movement, including the ability to remain and live in any part of the
country, pursue any occupation, and own land.
●● The state’s provision of free and compulsory education.
m

Resolution on National Economic Programme at Karachi Congress Session 1931:


A resolution on a national economic programme was also adopted at the Karachi
)A

Congress Session in 1931. The national economic program’s key features included:

●● Reform of land revenue and rent to provide relief to small peasants, as well as
revenue exemption in the case of unprofitable land holdings.
●● A reduction in military spending by at least half of what it is now.
(c

●● Debt relief in the agricultural sector.


●● Usury and money lending are under control.

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140 Constitutional History of India

●● Better working conditions, a higher minimum wage, less working hours, and more
Notes

e
rights for women workers.
●● Workers and peasants have the right to join unions.

in
●● Regulation and ownership of key factories, mines, and modes of transportation by
the government.
●● Currency and exchange rate regulation in the national interest.

nl
For the first time, the Karachi Congress Session of 1931 articulated what Swaraj
would imply for the masses. The Karachi Congress Session of 1931 remained an

O
integral part of the Indian National Congress’s basic political and economic programme
in later years..

4.1.7 Quit India Movement

ty
Mohandas Karamchand Gandhi initiated the ‘Quit India’ movement on August
8, 1942, at a meeting of the All-India Congress Committee in Bombay. The British
government detained Gandhi, Nehru, and several other Indian National Congress

si
leaders the next day. In the days that followed, there were disorderly and nonviolent
protests all over the world.

Japanese forces were breaching India’s borders by the middle of 1942. China, the
r
United States, and the United Kingdom were putting increasing pressure on India to
ve
resolve the question of its future status before the war ended. Sir Stafford Cripps, a
member of the War Cabinet, was sent to India in March 1942 to negotiate the British
Government’s Draft Declaration. After the war, the draught awarded India Dominion
status, but made few other amendments to the British Government Act of 1935. The
ni

draught was rejected by the Congress Working Committee because it was insufficient.
The failure of the Cripps Mission strained the relationship between the Congress and
the British government even more.
U

The failure of the Cripps Mission, Japanese advances in Southeast Asia, and
general dissatisfaction with the British in India were all exploited by Gandhi. He
advocated for the British to leave India on their own terms. The All India Congress
Committee met in Allahabad from April 29 to May 1, 1942, to discuss the Working
ity

Committee’s resolution. Despite the fact that Gandhi was not present at the conference,
several of his points were included in the resolution, the most important of which was
the pledge to nonviolence. The Congress Working Committee convened again on July
14, 1942, in Wardha, and decided to appoint Gandhi as the leader of the nonviolent
m

mass movement. The All India Congress Committee meeting in Bombay in August was
supposed to approve the resolution, dubbed the “Quit India” resolution.

The All India Congress Committee met in Bombay on the 7th and 8th of August
)A

1942 to ratify the ‘Quit India’ resolution. Gandhi urged people to ‘Do or Die.’ The British
Government detained Gandhi, members of the Congress Working Committee, and
other Congress leaders the next day, on August 9, 1942, under the Defense of India
Rules. The Criminal Law Amendment Act of 1908 declared the Working Committee,
the All India Congress Committee, and the four Provincial Congress Committees to be
(c

illegal organizations. Rule 56 of the Defense of India Rules prohibited the holding of
public meetings. The arrest of Gandhi and other Congress leaders sparked widespread

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Constitutional History of India 141

protests across India. The ‘Leave India’ movement resulted in the deaths and injuries of
Notes

e
thousands of people. Strikes were named in a number of locations.

Many of these protests were quickly suppressed by the British, who jailed over

in
100,000 people.

More than anything else, the ‘Leave India’ movement brought the Indian people
together in opposition to British rule. Despite the fact that most protests had been

nl
crushed by 1944, Gandhi continued his resistance and went on a 21-day fast after his
release. Britain’s position in the world had changed drastically by the end of WWII, and
the desire for freedom could no longer be ignored.

O
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ve
ni

Check your Understanding


Multiple Choice Questions:
U

1. Gandhi Irwin Pact was signed on


(a) 5th March, 1931
(b) 23rd March, 1931
ity

(c) 29 March, 1931


(d) 1 April, 1931
2. On ______ Simon Commission was appointed by the British Conservative
m

government under Stanley Baldwin.


(a) 8 November, 1927
(b) 18 November, 1927
)A

(c) 28 November, 1927


(d) 8 December, 1927

Fill in the Blanks:


(c

3. Non-Cooperation Movement was started in ______.

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142 Constitutional History of India

State True or False:


Notes

e
4. After Lord Curzon announced the partition of Bengal in 1905, there was massive
opposition from the people of Bengal.

in
Give one word:
5. A Movement launched on 5th September, 1920 by Mahatma Gandhi with the aim

nl
of self-governance and obtaining full independence (Purna Swaraj) as the Indian
National Congress (INC) withdrew its support for British reforms following the Rowlatt
Act of 21 March 1919, and the Jallianwala Bagh massacre of 13 April 1919.

O
Summary
The Nationalist Movements in India were early mainstream movements in India
that sought independence from the British Empire. While acts like the Salt March in

ty
1930 put pressure on the colonial government and resulted in concessions, they were
restricted in nature and fell short of the total independence sought.

In February 1919, Mahatma Gandhi founded the Satyagraha Sabha. Students,

si
middle class, labor, and capitalists all took part in this campaign, and Congress was
nowhere to be found. This was Mahatma Gandhi’s first mass movement.

The Anarchical and Revolutionary Crimes Act of 1919, also known as the Rowlatt
r
Act, was enacted by the Imperial Legislative Council in Delhi on March 18, 1919,
ve
extending indefinitely the emergency measures of preventive indefinite detention,
imprisonment without trial, and judicial review enacted in the Defense of India Act 1915
during World War I.

The Anti-Rowlatt Satyagarha lost steam after the massacre at Jallianwala Bagh
ni

on April 13, 1919. The campaign was against restrictions on press freedom and
imprisonment without charge.
U

Jallianwala Bagh massacre, also known as the Amritsar Massacre, occurred on


April 13, 1919, in Amritsar, Punjab, India, when British troops opened fire on a huge
crowd of unarmed Indians in an open space known as the Jallianwala Bagh, killing
several hundred people and injuring many more. It was the prelude to Mohandas
ity

(Mahatma) Gandhi’s complete devotion to the cause of Indian nationalism and


independence from Britain, and it marked a turning point in India’s modern history in
that it left a lasting scar on Indo-British relations.

On his way from Sabarmati Ashram to Dandi, the 62-year-old ‘Bapu’ was joined by
m

hundreds, then thousands, as he walked the 386-kilometer path. It was the start of the
civil disobedience movement, which began on April 5 when Mahatma Gandhi broke the
salt law in the Arabian Sea coastal town of Dandi. Namak Satyagrah, or Salt Satyagrah,
)A

is another name for Dandi March.

On March 23, 1931, Bhagat Singh, Sukhdev Thapar, and Shivaram Rajguru, three
of India’s most respected freedom fighters, were hanged in Hussainwala, Punjab (now
in Pakistan). Their assassination inspired many young people to join the revolution, re-
energizing the war against the British empire.
(c

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Constitutional History of India 143

Sardar Vallabhbhai Patel presided over the Karachi Congress Session of 1931.
Notes

e
The Gandhi Irwin Pact was endorsed at a special session of the Indian National
Congress held in Karachi from March 26 to March 31, 1931. In the Second Round Table
Conference, Mahatma Gandhi was elected to represent the Indian National Congress.

in
The British executed Bhagat Singh, Sukhdev, and Rajguru just six days before the
Karachi session of Congress in 1931. As a result of Gandhi’s inability to obtain a
commutation of the death sentences of Bhagat Singh, Sukhdev, and Rajguru, there was

nl
widespread public outrage.

Mohandas Karamchand Gandhi initiated the ‘Quit India’ movement on August


8, 1942, at a meeting of the All-India Congress Committee in Bombay. The British

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government detained Gandhi, Nehru, and several other Indian National Congress
leaders the next day. In the days that followed, there were disorderly and nonviolent
protests all over the world.

ty
Activity
Navigate via Internet to find out the Nationalist Movements in India. Collate

si
these Movements in the form of a table on a chart paper. Discuss the trend of these
Movements with your colleagues and draw the summary.

Questions and Exercises


1. Explain Rowlatt Act Satyagraha February 1919.
r
ve
2. Write briefly on Jallianwala Bagh Massacre.
3. Write briefly on Gandhi’s Strategy.
4. Write briefly on Trial of Bhagat Singh, Rajguru and Sukhdev in 1931.
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5. Write briefly on Karachi Congress Session in 1931.

Glossary
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●● Salt March was an act of nonviolent civil disobedience in colonial India led by
Mahatma Gandhi.
ity

Further Reading and Bibliography


www.gktoday.in
www.constitutionofindia.net
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Check your Understanding – Answers


1. (a)
)A

2. (a)

3. 1920

4. True

5. Non-cooperation movement
(c

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144 Constitutional History of India

Chapter - 4.2: Growth of Representative Institutions


Notes

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and Acts (1919 - 1947)

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Objective
●● Government of India Act 1919

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●● Resolution on Purna Swaraj
●● Government of India Act 1935
●● Mountbatten Plan

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●● Indian Independence Act 1947

Introduction:

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With sporadic infusions of constitutional change, British politicians and
administrators attempted to heal India’s ailing body politic. The Morley-Minto Reforms
(the Morley-Minto Reforms) introduced a separate electorate formula for Muslims in the

si
Government of India Act of 1909 (the Morley-Minto Reforms), which was extended and
applied to other minorities in subsequent Government of India Acts (1919 and 1935).
Sikhs and Christians, for example, were granted special voting rights equal to those
r
granted to Muslims in electing their own members. The British raj thus attempted to
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reconcile Indian religious pluralism with representative rule, and no doubt hoped to
gain unwavering minority support and weaken the radical leadership of the Congress’s
claim to speak for India’s “united nationalist movement” by crafting such intricate
constitutional formulas. Earlier official support for and appeals to India’s princes and
great landowners had proven fruitful, particularly after the establishment of crown rule
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in 1858, and more concerted attempts were made in 1919 and 1935 to wean India’s
educated elite away from revolution and noncooperation.
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Crown Rule was known as the reign of the British Crown over the Indian subcon-
tinent from the years 1858 to 1947.

4.2.1 Government of India Act 1919


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The British Parliament passed the Government of India Act in 1919 to increase
Indian involvement in the Indian government. The act is also known as the Montague-
Chelmsford Reforms or simply Mont-Ford Reforms since it embodied reforms proposed
by a report by Edwin Montagu, Secretary of State for India, and Lord Chelmsford,
m

Viceroy and Governor General. The act’s most prominent aspect was the “death of
benign despotism” and the establishment of responsible government in India. This act
was in effect for ten years, from 1919 to 1929.
)A

Between 1917 and 1922, Edwin Samuel Montagu served as Secretary of


State for India. He was a sceptic of the whole administration structure in India. He
made a landmark statement in the House of Commons in British Parliament on
August 20, 1917, known as the “Montague declaration.” The focus of this declaration
(c

was increasing Indian participation in all branches of government and the gradual
establishment of self-governing institutions and accountable government in India.

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Constitutional History of India 145

Montague went to India in November 1917 to get opinions from both sides of the
Notes

e
political spectrum, including talks with Gandhi and Jinnah. On July 8, 1918, the Mont-
Ford Report, a comprehensive report on constitutional reforms in India, was issued.
The Government of India Act of 1919 was based on this paper. The following were the

in
report’s main features:

●● A growing presence of Indians in all levels of government

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●● The gradual establishment of self-governing institutions in India as an integral
part of the British Empire, with the aim of achieving progressive realization of
responsible government in India

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●● Stage-by-stage progress toward responsible government
A separate Preamble was included in the Government of India Act of 1919. The
preamble’s key points were as follows:

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●● India to stay as an important portion of British Empire.
●● Incremental decentralization of power with the central government’s supreme grip
loosening; As a result, the act’s preamble advocated for a decentralized unitary

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government.
●● The British Parliament will determine when and how to achieve the aim of good
government
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●● Partially devolved authority in the provinces, but no change in the central
government’s character
The central and provincial governments were separated by a division of subjects
into “central” and “provincial” in the Government of India Act 1919. In general, all
ni

subjects directly controlled by the Government of India or in which extra-provincial


interests were dominant were considered central subjects. Subjects in which the
provinces’ interests practically predominated were included in the provincial subjects.
U

The Dyarchy was formed for the benefit of the provincial governments. Reserved
and relocated subjects were the two types of provincial subjects. The Governor was in
charge of the reserved subjects, while the Governor was in charge of the transferred
subjects in collaboration with the Indian Ministers.
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Elements of Responsibility in Dyarchy:


Dyarchy was the result of a gradual shift from irresponsible to accountable
government. The provinces were thought to be a good place to try out such a scheme.
m

As a result, provincial subjects were split into reserved and transferred categories. The
following is the elements of responsibility:

●● Through the secretary of state, the members in charge of the reserved subjects is
)A

held accountable to the British parliament.


●● The ministers in charge of the transferred subjects were held accountable to an
Indian electorate through legislative councils.
Although subjects like land revenue administration, famine relief, irrigation,
(c

administration of justice, law and order, newspapers, borrowing, and forests were held

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146 Constitutional History of India

on the reserved list, subjects like education, public health & sanitation, public works,
Notes

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agriculture, fisheries, religious endowments, local self-governments, and medical
services were transferred.

in
In other words, subjects that were deemed critical for the welfare of the masses
and the maintenance of state peace and order were listed as reserved, while subjects
of more local interest were regarded as transferred.

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In India’s Secretary of State’s office, no significant changes have been made. This
time, however, his salary was made a paid expense on British revenue. Furthermore,
during the budget process, the legislative council had the ability to criticize him.

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The Indian Council was to have a minimum of 8 and a maximum of 12 members.
Half of the representatives should have served in the Indian government for at least ten
years. Their contract was also cut from seven to five years, and their pay was raised

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from £1000 to £1200. The council’s Indian representation was also increased from two
to three.

A provision was made for three Indians to be included in the Governor General’s

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six-member Council. Lawyers with less than ten years of experience in Indian high
courts is qualified to be named as Law Ministers in the Council. Just a few minor
divisions were entrusted to the Indian Councilors.

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The Government of India Act 1919 established a bicameral legislature with two
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houses at the middle, the Legislative Assembly and the Council of State. The Lok
Sabha and Rajya Sabha in India were modelled after this.

Legislative Assembly:
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The lower house, the Legislative Assembly, had a three-year term. It consisted of
145 members, 41 of whom were nominated and 104 of whom were elected. There were
26 officials and 15 non-officials among the 41 representatives nominated. To protect
U

their rights, the Governor General was given authority to make appointments to the
legislative assembly from Anglo Indians, Indian Christians, and Labor.

52 General Members, 30 Muslims, 9 Europeans, 7 Landlords, 4 India Community


Representatives, and 2 Sikhs were elected. This indicates that the seats were
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distributed based on value to the government rather than population.

Council of State:
The upper house’s Council of State had 60 members, 33 of whom were elected
m

and 27 of whom were nominated. Sixteen of the 33 representatives elected were


generals, 11 Muslims, three Europeans, and one Sikh. There were 17 officials and 10
non-officials among the 27 representatives nominated. The Council of State had a five-
)A

year term.

Powers of the Assembly and Council:


Except in matters of finance, the Legislative Assembly and the Council of State had
equal and concurrent powers. Before becoming law, a bill had to pass both houses of
(c

Congress. The budget was proposed on the same day in both houses, but all other
money bills were introduced first in the lower house and then in the upper house.

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Constitutional History of India 147

Grants should only be voted on in the national assembly. Furthermore, if a money


Notes

e
bill was passed by the assembly but then rejected or returned with changes, the
amendments were not appropriate to the assembly until the Governor General certified
them.

in
Financial Powers
For the first time, the act divided provincial budgets from the federal budget and

nl
empowered provincial legislatures to pass their own budgets. However, the central
legislature’s financial powers were severely restricted. The budget will be split into two
parts: votable and non-votable. About a third of the overall expenditure was covered

O
by votable products. Except in this region, the Governor-General had the authority to
restore any grant that had been denied or diminished by the legislature if he believed
the demand was necessary for the discharge of his duties.

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Conflict between Legislative Assembly and Council:
There were three tools available to break the impasse between the two homes.
Joint Committees, Joint Conferences, and Joint Sittings were the instruments in

si
question. Joint committees were established to prevent a deadlock situation. Joint
Conferences were convened by the Governor as a last resort within six months of the
difference, and Joint Sittings were convened by the Governor as a last resort within six
months of the difference. r
ve
Elections and Franchise:
The franchise was limited under the Government of India Act of 1919. There was
no universal franchise, adult suffrage, or women’s voting rights. The following were the
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voting requirements:

●● They must own a property with a rental value of at least Rs. 3000 per year, as well
as taxable income or compensated land revenue.
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●● They must have previous legislative council experience.


●● They must be members of the senate of the university.
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●● They should be elected to such positions in local government.


●● They ought to have some stated designations.
The above requirements were so stringent that only 1700 people voted in the
election of 33 representatives..
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Powers of the Governor General:


No bill in the legislature could be considered passed until the governor general
)A

signed it. The latter, on the other hand, could pass legislation without the legislature’s
approval. He had the authority to prohibit a Bill, or any part of it, from being considered
on the grounds that it was harmful to the country’s peace and tranquility. He has the
power to prevent a question from being asked in the legislature. He had the authority
to refuse to give his assent to any bill passed by the legislature, which would prevent
(c

it from being an Act. He also had the authority to rule on any adjournment motion or
discussion. Even if the legislature declined to pass it, he might enforce a law that he
believed was necessary for the empire’s protection and tranquilly.
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148 Constitutional History of India

4.2.2 Resolution on Purna Swaraj


Notes

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On January 26, 1930, the Indian National Congress issued the Purna Swaraj
declaration, or Declaration of India’s Independence, resolving the Congress and Indian

in
nationalists to fight for Purna Swaraj, or full independence from the British Empire.

Jawaharlal Nehru raised the Indian flag on the banks of the Ravi River in Lahore,
Pakistan, on December 31, 1929. The Congress has requested that India’s people

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commemorate January 26th as Independence Day. The Indian flag was raised in public
around the country by Congress volunteers, nationalists, and the general public.

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The Declaration:
The Indian National Congress became increasingly united in its determination to
drive the British out of India as a result of the rejection of reforms and political rights,
as well as the continued ignorance of Indian political parties. The Lahore session

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was attended by a large number of Congress volunteers and delegates, as well as
representatives of other political parties and a large public meeting. Despite the freezing
cold, Pattabhi Sitaramayya records:

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“The heat of passion and excitement, the resentment at the failure of negotiation,
the flushing of faces on hearing the war drums.”

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Veteran leaders like Chakravarthi Rajagopalachari and Sardar Vallabhbhai Patel
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returned to the Congress Working Committee after Jawaharlal Nehru was elected
President.

President Jawaharlal Nehru hoisted the tricolor flag of India on the banks of the
Ravi in Lahore, which later became part of Pakistan, at midnight on New Year’s Eve.
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A declaration of independence was read, which included a promise to withhold taxes if


necessary. When the large crowd of people who had gathered for the ceremony were
asked if they agreed with it, the overwhelming majority of them raised their hands in
U

agreement. In favor of the resolution and in line with Indian popular opinion, 172 Indian
members of central and provincial legislatures resigned.

On January 26, 1930, the Declaration of Independence was signed into law.
Gandhi and other Indian leaders will immediately begin preparing a major national
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nonviolence campaign to persuade the general public not to target Britishers, even
though they were targeted. Following that, Mahatma Gandhi launched the Salt
Satyagraha on March 12, 1930, which ignited the Indian independence movement and
sparked the national Non-Cooperation Movement.
m

The resolution was a brief 750-word text with no legal or legislative framework,
instead reading more like a manifesto. Purna Swaraj, or full independence, was stated
in the paper, which called for severing relations with the British. It was a scathing
)A

indictment of British rule, and it succinctly expressed the economic, political, and
cultural injustices perpetrated on Indians as a result. The text spoke for Indians and
stated clearly that the civil disobedience campaign would be launched.

4.2.3 Government of India Act 1935


(c

The United Kingdom’s Parliament passed the Government of India Act in 1935. In
August 1935, it was given royal assent for the first time. Before the Greater London
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Constitutional History of India 149

Authority Act of 1999, it was the longest Act of (British) Parliament ever passed.
Notes

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Because of its duration, the Act was retroactively divided into two separate Acts by the
Government of India Act, 1935:

in
●● The Government of India Act, 1935, having 321 segments and 10 plans.
●● The Government of Burma Act, 1935 having 159 segments and 6 plans.

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The Act led to:
1. Establishment of RBI.
2. FPSC, PPSC, JPSC.

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3. Federal Court in 1937.
4. Bicameralism in 6 provinces (Bombay, Madras, Bengal, Bihar, Assam and United
Provinces) out of 11 provinces.

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The most noteworthy aspects of the Act were:
●● The allowance of a large degree of autonomy to the provinces of British India

si
(finishing the system of diarchy presented by the Government of India Act 1919)
●● Facility for the formation of a “Federation of India”, to be consisted of both British
India and some or all of the “princely states”
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●● The initiation of direct elections, therefore growing the franchise from seven million
to thirty-five million individuals
●● A limited reorganization of the provinces:
◌◌ Sindh was detached from Bombay
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◌◌ Bihar and Orissa was divided into separate provinces of Bihar and Orissa
◌◌ Burma was completely removed from India
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◌◌ Aden was also separated from India, and recognized as a separate Crown
colony
●● Membership of the provincial gatherings was changed so as to incorporate any
quantity of selected Indian representatives, who were now able to create majorities
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and be chosen to form governments


●● The formation of a Federal Court
The level of self-govern applied at the provincial stage, however, was faced with
significant restictions: provincial Governors held major reserve powers, and British
m

officials reserved the ability to suspend responsible government..

Due to opposition from princely state rulers, parts of the Act intended to create
)A

the Federation of India were never implemented. The remaining provisions of the Act
took effect in 1937, the same year that the first elections under the Act were held. The
following were the characteristics of this act:

●● It stipulated the formation of an all-India union with provinces and princely states
as units.
(c

●● The act divided powers between the centre and the units into three lists: federal,
provincial, and concurrent.

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150 Constitutional History of India

4.2.4 Mountbatten Plan


Notes

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In May 1947, Lord Mountbatten (India’s last viceroy) proposed a proposal in which
provinces would be proclaimed independent successor states with the option of joining

in
the constituent assembly or not.

●● Lord Mountbatten was assigned to India as the final Viceroy and was allotted the
duty of a quick handover of control by the then British Prime Minister Clement

nl
Atlee.
●● In May 1947, Mountbatten derived a plan under which he suggested that the
provinces be stated self-governing successor states and then be permitted to

O
decide whether or not to join the constituent assembly. This proposal was termed
the ‘Dickie Bird Plan’.
●● Jawaharlal Nehru (Born on November 14, 1889) when told of the plan, fervently

ty
resisted it proclaiming it would cause Balkanisation of the nation. Therefore, this
plan was also coined Plan Balkan.
●● The viceroy then derived a different plan named the June 3 Plan. This proposal

si
was the final plan for Indian independence. It is also known as the Mountbatten
Plan.
●● The June 3 Plan involved the ideals of partition, self-government, power to both
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nations, right to make their own constitution.
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●● In particular, the Princely States such as Jammu and Kashmir were provided
with an option to either join India or Pakistan. The costs of these decisions would
impact the new nations for years to come.
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●● This proposal was approved mutually by the Congress and the Muslim League. By
then, the Congress had also recognized the unavoidability of the partition.
●● This plan was placed into action by the Indian Independence Act 1947 which was
U

approved in the British Parliament and acknowledged the royal acceptance on 18


July 1947.

Provisions of the Mountbatten Plan


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●● British India was to be divided into two dominions – India and Pakistan.
●● The constitution framed by the Constituent Assembly would not be authorized in
the Muslim-majority areas (since they would become Pakistan). The query of a
separate constituent assembly for the Muslim-majority areas would be determined
m

by these provinces.
●● According to the plan, the legislative assemblies of Bengal and Punjab met and
voted for the partition. Consequently, it was concluded to partition these two
)A

provinces along religious lines.


●● The legislative assembly of Sind would choose whether or not to join the Indian
constituent assembly. It chose to go to Pakistan.
●● A vote was to be held on NWFP (North-Western Frontier Province) to decide
(c

which dominion to join. NWFP voted to join Pakistan while Khan Abdul Gaffar
Khan boycotted and rejected the vote.

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Constitutional History of India 151

●● August 15, 1947 was to be the date for the transfer of power.
Notes

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●● To affirm the international boundaries between the two countries, the Boundary
Commission was formed managed by Sir Cyril Radcliffe. The commission was to

in
establish Bengal and Punjab into the two new countries.
●● The princely states were given the option to either stay independent or accede to
India or Pakistan. The British suzerainty over these kingdoms was finished.

nl
●● The British ruler would not use the label ‘Emperor of India’.
●● After the regions were shaped, the British Parliament could not pass any law in the

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lands of the new regions.
●● Till it came a time for new constitutions to be, the Governor-General would
approve any law ratified by the voted assemblies of the regions in His Majesty’s
name. The Governor-General was made a constitutional leader.

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The dominions of Pakistan and India were formed at midnight on the 14th and 15th
of August 1947, respectively. M.A. Jinnah was named the first Governor-General of
independent Pakistan, and Lord Mountbatten was named the first Governor-General of

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independent India..

4.2.5 Indian Independence Act 1947


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The 1947 Indian Independence Act was enacted by the United Kingdom’s
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Parliament, and it partitioned British India into two separate independent dominions,
India and Pakistan. The Act was signed into law on July 18, 1947, and India and
Pakistan, consisting of the West (modern-day Pakistan) and East (modern-day
Bangladesh) areas, were born on August 14, 1947.
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Lord Mountbatten and delegates from the Indian National Congress, the Muslim
League, and the Sikh community reached an agreement on the 3 June Plan, also
U

known as the Mountbatten Plan. This was the final attempt at independence.

Provisions of the Act:


The Act’s most significant provisions were:
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●● Separation of British India into the two new territories of India and Pakistan, with
effect from 15 August 1947.
●● Division of the territories of Bengal and Punjab between the two new countries.
m

●● Formation of the office of Governor-General in the two new countries, as


representatives of the Crown.
●● Transfer of entire legislative authority to the respective Constituent Assemblies of
)A

the two new countries.


●● End of British suzerainty over the princely states, with effect from 15 August 1947.
These states could either decide to join India or Pakistan.
●● Eradication of the use of the title “Emperor of India” by the British monarch (this
(c

was later executed by King George VI by royal announcement on 22 June 1948).

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152 Constitutional History of India

The Act also provided for the division of shared property and other matters
Notes

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between the two new nations, including the division of armed forces.

Prominent features of the Act:

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1. Two new dominion states: Two new regions were to come from the Indian domain:
Pakistan and India.

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2. Appointed Date: 15 August 1947 was acknowledged as the chosen date for the
seperation.
3. Territories:

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1. Pakistan: East Bengal, West Punjab, Sind, and Chief Commissioner’s Province
of Baluchistan.
2. The destiny of North West Frontier Province (now Pakhtunkhwa) was dependent

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to the outcome of a vote.
3. Bengal & Assam:
1. The area of Bengal as established under the Government of India Act

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1935 came to an end.
2. In place thereof two new regions were to be established, to be recognized
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respectively as East Bengal and West Bengal.
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3. The outcome of District Sylhet, in Assam, was to be determined in a poll.
4. Punjab:
1. The province as established under the Government of India Act 1935
stopped to exit.
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2. Two new provinces were to be formed, to be called respectively as West


Punjab and East Punjab.
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4. The borders of the new provinces were to be decided, either before or after the
selected date, by the grant of a boundary directive to be chosen by the Governor
General.
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5. Constitution for the New Dominions: till the time of writing the new constitution, the new
dominions and the provinces from then on were to be ruled by the Government of India
Act 1935. (Temporary Provisions as to the Government of Each New Dominion).
6. The Governors General of the new dominions:
m

1. For every new dominion a new Governor-General was to be selected by the


Crown, subject to the law of the legislature of either of the new dominions.
2. Same person as Governor General of both dominions: Unless and until a law
)A

of the legislature of either of the new dominions provides otherwise, the same
person can serve as Governor General of both.
7. Powers of Governor General: (Section-9)
1. The Governor General was authorized to bring this Act in fruition.
(c

2. Allocation of territories, powers, duties, rights, assets, liabilities, etc., was the
duty of Governor General.

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Constitutional History of India 153

3. To assume, alter, Government of India Act 1935, as the Governor-General may


Notes

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deem necessary.
4. Power to present any change was until 31 March 1948, after that it was free

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for the constituent assembly to change or adopt the same Act. (Temporary
Provisions as to the Government of Each New Dominion.)
5. Governor-General had full authorities to give assent to any law.

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8. Legislation for the new dominions:
1. The current legislative structure was enabled to continue as both a Constitution-

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making body and a legislature. (Temporary Provisions for Each New Dominion’s
Government.)
2. Each dominion’s legislature was granted full authority to make laws for that
dominion, including extraterritorial laws.

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3. o Act of the UK Parliament passed after the appointed date will apply to the new
dominions’ territories.

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4. No statute or clause of a law enacted by the legislature of the new dominions
shall be invalid or ineffective because it is contrary to English law.
5. Each dominion’s Governor-General had full authority to give His Majesty’s
r
assent to any law passed by the legislature. [Constitution Assembly of Pakistan
(CAP I) configuration: 69 members of the central legislature + 10 immigrant
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members = 79].
9. Consequences of setting up of the new dominions:
1. His Majesty’s Government was stripped of all authority over the new dominions.
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2. His Majesty’s Government’s suzerainty over the Indian States expired.


3. All treaties or agreements with Indian tribes and territorial territories that were in
U

effect at the time the act was passed lapsed.


4. The title of “Emperor of India” was removed from the British Crown’s titles.
5. The office of Secretary of State for India was abolished, and the provisions of the
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Government of India Act 1935 relating to the secretary of state’s appointments


to the civil service or civil posts under the crown were repealed.
10. Civil servants: Section 10 provided for the continuation of service with full benefits of
government servants named on or before 15 August 1947 under the governments of
m

the new Dominions.


11. Armed Forces: The future of the Indian armed forces was discussed in sections 11,
12, and 13. On June 7, 1947, a Partition Committee was created, with two members
)A

from each side and the viceroy in charge, to decide on the division. It was to be
replaced by a Partition Council with a similar structure as soon as the partition
process began.
12. First and Second Schedules:
(c

1. The districts provisionally included in the new province of East Bengal were
specified in the first schedule:

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154 Constitutional History of India

1. Chittagong Division: Districts of Chittagong, Chittagong Hill Tracts,


Notes

e
Noakhali and Tipperah.
2. Dacca Division: Districts of Bakarganj, Dacca, Faridpur, and Mymensingh.

in
3. Presidency Division: Districts of Jessore (except Bangaon Tehsil), and
Kustia and Meherpur Tehsils (of Nadia district).
4. Rajshahi Division: Districts of Bogra, Dinajpur (except Raiganj and Balurghat

nl
Tehsil), Rajshahi Rangpur and Nawabganj Tehsil (of Malda district).
2. The Second Schedule mentioned the districts that would be included in the new

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province of West Punjab on a provisional basis:
1. Lahore Division: Districts of Gujranwala, Lahore (except Patti Tehsil),
Sheikhupura, Sialkot and Shakargarh Tehsil (of Gurdaspur district).

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2. Rawalpindi Division: Districts of Attock, Gujrat, Jehlum, Rawalpindi and
Shahpur.
3. Multan Division: Districts of Dera Ghazi Khan, Jhang, Lyallpur, Montgomery,

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Multan and Muzaffargarh.

Check your Understanding


Multiple Choice Questions:
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ve
1. On 20 August 1917, he made a historic declaration in the House of Commons in
British Parliament which is called
(a) Montague declaration
(b) Mountbatten declaration
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(c) Rowlatt declaration


(d) Independence declaration
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2. Legislative Assembly was the lower house with ______ years as its tenure.
(a) two
(b) four
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(c) three
(d) five

Fill in the Blanks:


m

3. The flag of India was hoisted by ______ on 31 December 1929 on the banks of Ravi
river, in Lahore, modern-day Pakistan.
)A

State True or False:


4. The Indian Council was to be made of not less than 8 and not more than 12 members.

Give one word:


(c

5. A geopolitical term for a disorderly or unpredictable fragmentation, or sub-


fragmentation, of a larger region or state into smaller regions or states, which may
be hostile or uncooperative with one another.
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Constitutional History of India 155

Summary
Notes

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The British Parliament passed the Government of India Act in 1919 to increase
Indian involvement in the Indian government. The act is also known as the Montague-

in
Chelmsford Reforms or simply Mont-Ford Reforms since it enacted reforms suggested
by a report by Edwin Montagu and Lord Chelmsford.

The lower house, the Legislative Assembly, had a three-year term. It consisted of

nl
145 members, 41 of whom were nominated and 104 of whom were elected. There were
26 officials and 15 non-officials among the 41 representatives nominated. To protect
their rights, the Governor General was given authority to make appointments to the

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legislative assembly from Anglo Indians, Indian Christians, and Labour.

The Indian National Congress issued the Purna Swaraj declaration, or Declaration
of India’s Independence, on January 26, 1930, resolving the Congress and Indian

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nationalists to fight for Purna Swaraj, or full independence from the British Empire.

The United Kingdom’s Parliament passed the Government of India Act in 1935. In
August 1935, it was given royal assent for the first time.

si
In May 1947, Mountbatten suggested a proposal in which the provinces would be
proclaimed independent successor states and then given the option of joining or not
joining the constituent assembly. The ‘Dickie Bird Plan’ was the name given to this
strategy. r
ve
The 1947 Indian Independence Act was enacted by the United Kingdom’s
Parliament, and it partitioned British India into two separate independent dominions,
India and Pakistan. The Act was signed into law on July 18, 1947, and India and
Pakistan, consisting of the West (modern-day Pakistan) and East (modern-day
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Bangladesh) areas, were born on August 14, 1947.

Activity
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Navigate via Internet to find out the story behind Purna Swaraj in India. Collate the
series in the form of a table on a chart paper. You can also make a collage for these
events.
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Questions and Exercises


1. Explain the Government of India Act 1919.
2. Explain Resolution on Purna Swaraj.
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3. Write short note on Government of India Act 1935.


4. Write short note on Indian Independence Act 1947.
5. Explain Mountbatten Plan.
)A

Glossary
●● Dyarchy was the system of double government introduced by the Government
of India Act (1919) for the provinces of British India, which marked the first
(c

introduction of the democratic principle into the executive branch of the British
administration of India.

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156 Constitutional History of India

Further Reading and Bibliography


Notes

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www.britannica.com
www.constitutionofindia.net

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Check your Understanding – Answers
1. (a)

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2. (c)
3. Jawaharlal Nehru

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4. True
5. Balkanization

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ve
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U
ity
m
)A
(c

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Constitutional History of India 157

Module - 5: Government of India Act 1935


Notes

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Chapter -5.1: Historical Analysis
5.1.1 Demand for Constitutional Reforms by Indian Leaders

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5.1.2 Desire to Increase Number of Indians in Indian British Administrative
System

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5.1.3 Basis of Government of India Act 1935

Chapter -5.2: Importance of the Act


5.2.1 Provincial Autonomy for British India

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5.2.2 Division of Federal Subjects between Centre and Provinces
5.2.3 Role of Governor General

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5.2.4 Protection of Minorities including Women
5.2.5 Introduction of Dyarchy at Central Level
5.2.6
5.2.7
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Establishment of Federal Form of Government
Voting Rights to Indian Public with Minimal Extent
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5.2.8 Inception of Federal Court
5.2.9 Government of Burma Act 1935
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Chapter -5.3: Limitations


5.3.1 Complication in the Accommodation of Princely States
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5.3.2 Lack of flexibility at the Constitutional level for Indians


5.3.3 Lacunae in the Implementation of Concept of Federalism
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m
)A
(c

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158 Constitutional History of India

Chapter - 5.1: Historical Analysis


Notes

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Objective

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●● Demand for Constitutional Reforms by Indian Leaders
●● Desire to Increase Number of Indians in Indian British Administrative System

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●● Basis of Government of India Act 1935

Introduction

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With sporadic infusions of constitutional change, British politicians and
administrators attempted to heal India’s ailing body politic. The Morley-Minto Reforms
(the Morley-Minto Reforms) introduced a separate electorate formula for Muslims in the
Government of India Act of 1909 (the Morley-Minto Reforms), which was extended and

ty
applied to other minorities in subsequent Government of India Acts (1919 and 1935).
Sikhs and Christians, for example, were granted special voting rights comparable to
those granted to Muslims in choosing their own members. The British raj thus tried to

si
reconcile Indian religious pluralism with representative rule, and no doubt hoped to
gain unwavering minority support and weaken the radical leadership of the Congress’s
claim to speak for India’s “united nationalist movement” by crafting such intricate
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constitutional formulas. Earlier official support for and appeals to India’s princes and
great landowners had proven fruitful, especially after the crown raj’s inception in 1858,
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and more concerted attempts were made in 1919 and 1935 to wean minorities and
India’s educated elite away from revolution and non-cooperation.

Nationalism maintains that each nation ought to rule itself, free from external
ni

meddling (self-determination), that a nation is a natural and ideal foundation for a


society and that the nation itself is the only rightful basis of political power (popular
sovereignty).
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5.1.1 Demand for Constitutional Reforms by Indian Leaders


Between 1885 and 1907, the Early Nationalists, also known as the Moderates,
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were a party of Indian political leaders. Their arrival signaled the launch of India’s
organised national movement. Pherozeshah Mehta and Dadabhai Naoroji were two
important moderate leaders. Many of the group’s members were trained in England, as
they were drawn from educated middle-class professionals such as lawyers, teachers,
and government officials. They were dubbed “Early Nationalists” because they believed
m

in demanding changes while pursuing them by constitutional and nonviolent means.


The Early Nationalists believed in the British sense of justice, fair play, fairness, and
dignity, and that British rule was beneficial to India. The Early Nationalists were strong
)A

believers in a pragmatic and open-minded approach to politics.


(c

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Constitutional History of India 159

Notes

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in
nl
O
The first session of the Early Nationalists of India in 1885

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The Early Nationalists used a constitutional and nonviolent approach to achieve
their goals, concentrating on reform demands. They maintained a good relationship with
the British rulers, but claimed that Indians should have a legitimate role in the country’s

si
governance. Despite their calls for constitutional and other amendments when under
British rule, they had total confidence in the British sense of justice and fair play. They
also claimed that preserving the British relation with India was in both countries’ best

r
interests. The nationalists saw their partnership with England as a benefit from the
outset. Various cultural anomalies, such as the caste system and the abolition of the
ve
ritual of sati, or “widow sacrifice,” that had historically pervaded Indian society, had been
abolished by British rule. The demands of the early nationalists, inspired by western
thinking, culture, education, literature, and history, were not considered severe, but
rather moderate.
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ity
m
)A

The founder of Early Nationalism A. O. Hume (left) with Sir William Wedderburn
(right) and Dadabhai Naoroji

The Early Nationalists favored restraint and conciliation to conflict, seeking to achieve
(c

their objectives by orderly change and constitutional means. They held annual sessions
to educate the public, arouse political consciousness, and build a strong public opinion
in favor of their demands. Resolutions were passed as a result of these meetings.
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160 Constitutional History of India

Before sending petitions and memorandums to the government, they have drafted them.
Notes

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The Early Nationalists decided to express their feelings to the government in order to
eventually win over the authorities. The Early Nationalists sent deputations of leading
Indian leaders to England in order to influence the British government and inform the

in
British public and political leaders. A British Committee of the Indian National Congress
was established in 1889, and the Committee published the journal India in 1890.

nl
Despite their reputation as the most radical political force at the time, the Early
Nationalists were widely chastised for their lack of success. Their requests were
rejected by their British rulers, who regarded them with disdain.

O
Despite this, the Early Nationalists were active in achieving some of their
objectives. They ignited a national awakening among Indians, awakening them to the
ties of mutual political, economic, and cultural interests that tied them together. They
also taught people about politics by popularizing democratic, civil liberties, secularism,

ty
and nationalism principles. The work of the Early Nationalists in revealing the true
nature of British rule in India was groundbreaking. They made people aware of British
imperialism’s economic substance and character. They undermined the foundations of

si
British rule in India in the process. Their political and economic policies espoused the
notion that India should be run in the Indians’ best interests. Early Nationalist actions
have culminated in the creation of numerous social reforms, such as the appointment of
a Public Service Board.
r
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●● A House of Commons resolution authorizing simultaneous exams for the Indian
Civil Service in London and India in 1893.
●● The Welby Commission on Indian Spending has been named (1895). The Indian
Councils Act of 1892 was also passed.
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These milestones became the foundation for nationalist movements led by


extremist leaders in later years.
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Constitutional reforms
The Early Nationalists sought a greater role in India’s governance, claiming that
India should gradually shift toward democratic self-government. They did not attempt
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immediate achievement of their goal because they were afraid that their actions would
be suppressed by the government. Instead, they sought to gain independence in a
gradual manner.

Their constitutional wants were:


m

1. Elimination of the India Council Act.


2. Expansion of the legislative council and Legislative Assemblies, both Central and
)A

Provincial.
3. Increase the number of Indians in these councils by including some representatives
elected by local bodies such as chambers of commerce, colleges, and so on, and
by giving them more control. They chanted “No taxation without representation” and
demanded Indian regulation of the public purse.
(c

4. They requested Swaraj (self-rule) within the British Empire by the turn of the century,
similar to the self-governing colonies of Canada and Australia.

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Constitutional History of India 161

5. Fair representation of Indians in the executive council of the Viceroy and those of the
Notes

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governors.
6. The act of 1861 established legislative councils, which were reformatted and

in
enlarged. They requested that the membership of these councils be increased, and
that all legislative and financial matters, including the budget, be submitted to them.
7. The associates of the legislative councils to be directly elected by the people of India.

nl
8. A clear separation of the executive and judicial sections of administration.
9. Complete self-government modelled on self-governing British colonies like Australia

O
and Canada.

Administrative reforms
In the administrative domain, the Moderates made the following demands:

ty
1. Demand for concurrent Indian Civil Service examinations in England and India.
2. Clear separation of the executive and the judiciary. This demand was made to protect
Indians from random acts by the police and the bureaucracy.

si
3. Increase in the powers of the municipal bodies and lessening of official control over
them.
4. Revoke of the Arms Act and License Act. r
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5. Extensive employment of Indians in the higher grades of administrative services.
6. Distribution of primary education among the masses.
7. Enhancement of the police system to make it honest, efficient and popular.
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Defence of civil rights


When the British government sought to restrict civil rights, the Early Nationalists
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stood up for them. From the beginning, their fight for independence was an integral part
of the national revolution. Tilak and a number of other leaders were arrested and tried
in 1897 for making incendiary speeches. The Preventive Detention Act was abolished,
and individual rights, including the freedom to assemble and form associations, were
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restored, according to the Early Nationalists. They also demanded the abolition of the
British government’s limits on freedom of expression and freedom of the press.

The British government initially regarded the actions of the Early Nationalists
favourably and displayed little hostility against them. A few government officials even
m

attended the Early Nationalists’ first meeting and participated in its deliberations. The
Nationalists were invited to a garden party in Calcutta held by Viceroy Lord Dufferin
in 1886 and another in Chennai hosted by the Governor in 1887. Official views shifted
)A

quickly; Lord Dufferin attempted to derail the National Movement by telling Hume that
the Early Nationalists should concentrate on social problems rather than politics. Rather
than being a weapon in the hands of the authorities, the Early Nationalists became the
focal point of Indian nationalism over time.

In a speech in 1887, Dufferin criticised the Early Nationalists, ridiculing them as


(c

only representing a tiny minority of the population. The Nationalists were chastised by
British leaders, who referred to them as “disloyal babus” and “violent villains.”

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162 Constitutional History of India

Employees of the government were discouraged from debating with the Early
Notes

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Nationalists or attending their meetings in 1890. The British advanced their policy of
divide and rule ever further, recognising that the Indians’ increasing unity posed
a major threat to their rule. They incited Sayyid Ahmed Khan, Raja Shiva Prasad

in
of Benaras (now Varanasi), and other pro-British leaders to initiate an anti-Early
Nationalist movement. They sowed communal seeds between Hindus and Muslims on
the one side, and the Indian masses and their leaders on the other. To fight the rise

nl
of nationalism, they pursued a strategy of making small compromises. Their policy
of repression and animosity, on the other hand, only helped to reinforce the Early
Nationalists.

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Constitutional reforms by Indian Leaders
The Montagu-Chelmsford Reforms (also known as the Government of India
Act of 1919) were based on the Montagu-Chelmsford Report, which was submitted

ty
to Parliament in 1918. Elections were held in 1920 under the act, and the number of
Indian representatives on the viceroy’s Executive Council was increased from two to
three, and the Imperial Legislative Council was turned into a bicameral legislature with

si
a Legislative Assembly (lower house) and a Council of State (upper house). A majority
of 104 members of the Legislative Assembly were to be chosen, and 33 of the 60
members of the Council of State were to be elected as well. Enfranchisement remained
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focused on land ownership and education, but under the 1919 act, the total number
of Indians eligible to vote for provincial council representatives was increased to five
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million; however, only one-fifth of that number was permitted to vote for Legislative
Assembly candidates, and only about 17,000 elite were allowed to select members
of the Council of State. At the provincial level, dyarchy (dual governance) was to be
enforced, with ministers elected to preside over “transferred” departments (education,
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public health, public works, and agriculture) and officials appointed by the governor
to preside over “reserved” departments (land revenue, justice, police, irrigation, and
labour).
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Only the most important portfolios—defence, revenue, and foreign affairs—were


“reserved” to appointed officials under the Government of India Act of 1935, which gave
all provinces full representative and elective governments, chosen by a franchise now
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extended to some 30 million Indians. The viceroy and his governors still had veto power
over any legislation they didn’t like, but they negotiated a “gentleman’s agreement” with
the Congress Party’s high command not to use that constitutional option, which was
their last vestige of autocracy, prior to the 1937 elections. The act of 1935 was also
supposed to create a federation of British India’s provinces and the then independent
m

princely states, but that formal union of representative and despotic rule never
materialised because the princes couldn’t agree on protocol.
)A

The act of 1935 was the result of three lengthy sessions of the Round Table
Conference in London, as well as at least five years of bureaucratic labour, the bulk
of which was fruitless. Prime Minister Ramsay MacDonald held the first session in
November 1930 in the City of Westminster, London, with 58 delegates from British
India, 16 from British Indian states, and 16 from British political parties. Although
(c

Jinnah and the Aga Khan III led a deputation of 16 Muslims from the British Indian
delegation, no Congress Party deputation attended the first session since Gandhi
and his top lieutenants were all imprisoned at the time. The Round Table could not

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Constitutional History of India 163

expect to fashion any popularly meaningful reforms without the Congress, so Gandhi
Notes

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was released from prison before the second session began in September 1931. He
did, however, attend as the Congress’s sole delegate at his own request. The second
session achieved nothing because Hindu-Muslim contradictions remained unresolved

in
and the princes continued to quarrel with one another. The third session, which began
in November 1932, represented more official British inertia than any signs of success in
closing the tragic differences between so many Indian minds that had been reflected in

nl
previous debate. Those official negotiations, however, culminated in the creation of two
new provinces. In the east, Orissa was split from Bihar, and in the west, Sind (Sindh)
was separated from the Bombay Presidency and became British India’s first Muslim-

O
majority governor’s province after Bengal’s reunification. Burma was determined to be
divided from British India as a separate colony.

ty
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Mohandas K. Gandhi with delegates of the Indian Round Table Conference,
London.
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In August 1932, Prime Minister MacDonald declared his Communal Award, a


unilateral attempt by the United Kingdom to settle the many disputes among India’s
U

many communal interests. Sikhs, Indian Christians, Anglo-Indians, Europeans,


distinct regional classes (such as the Marathas in the Bombay Presidency), and
special interests were all included in the prize, which was later incorporated into the
act of 1935. (women, organised labour, business, landowners, and universities). The
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Congress Party was dissatisfied with the expansion of communal representation,


but was especially angered by the British offer of separate-electorate seats for the
“depressed classes,” or “untouchables.” Gandhi went on a “death fast” in defiance of
the bid, which he saw as a sinister British plan to wean more than 50 million Hindus
m

away from their higher caste brothers and sisters. After long personal talks with
Bhimrao Ramji Ambedkar (1891–1956), a leader of the untouchables, Gandhi agreed
to reserve several more seats for them than the British had offered, as long as they
stayed within the “Hindu” majority fold. As a result, the untouchables’ offer of separate
)A

electorate seats was withdrawn.

The Congress’s ambivalent strategy


Gandhi initiated the non-cooperation movement on August 1, 1920, promising his
(c

followers independence in a year. He claimed this would put the British raj to a halt. The
raj remained strong after more than a year, even with 60,000 satyagrahis (satyagraha
practitioners) in prison cells across British India, and Gandhi prepared to unleash his

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164 Constitutional History of India

final and most effective boycott weapon—calling on the peasants of Bardoli in Gujarat
Notes

e
to boycott land taxes. On the eve of the final step of the boycott, Gandhi received
news that 22 Indian police officers had been massacred in their police station in Chauri
Chaura, United Provinces (now in Uttar Pradesh state), by a mob of satyagrahis who

in
set fire to the station and prevented the trapped officers from escaping immolation.
Gandhi proclaimed that launching satyagraha without adequate “soul-cleansing” of
India’s masses was a “Himalayan blunder,” and that the non-cooperation movement

nl
drive would be halted as a result. He was later convicted and found guilty of “promoting
disaffection” against the raj, for which he received a six-year prison term.

While Gandhi was imprisoned, one of northern India’s wealthiest lawyers, Motilal

O
Nehru (1861–1931), established the Swaraj Party, a new politically active “party” within
Congress. C.R. (Chitta Ranjan) Das (1870–1925) of Bengal shared the leadership of
the new party with Motilal Nehru As the party stood for the new Central Legislative

ty
Assembly in 1923, it hoped to undermine official policy and derail the raj by inciting
anti-government unrest within the council chambers. While Gandhi’s non-cooperation
remained the Congress Party’s primary policy, real partial cooperation in post-war
reforms became an alternative technique for those Congress leaders who were less

si
orthodox Hindu or more secular in outlook.

In 1923, the Swarajists won more than 48 of the 105 seats in the Central

r
Legislative Assembly, but their numbers were never quite enough to prevent the British
from passing the legislation they required or felt was appropriate to preserve internal
ve
“peace.”

After undergoing surgery, Gandhi was released from prison in February 1924,
four years before the completion of his sentence. Following that, he concentrated on
ni

what he called his “constructive programme” of hand spinning and weaving, as well as
overall village “uplift” and Hindu “purification” in order to advance the Harijans’ cause,
especially by allowing them access to Hindu temples, from which they had always been
barred. Gandhi lived in village ashrams (religious retreats) that served as templates
U

for his socioeconomic principles rather than political power centres, while Congress
leaders flocked to his remote rural retreats for periodic strategy consultations.

For the rest of the raj, Congress strategy was marked by uncertainty in several
ity

respects. The majority of the high command supported Gandhi, while others pursued
more realistic or pragmatic solutions to India’s issues, which often went beyond political
or imperial-colonial concerns. Of course, rallying the masses behind emotional religious
appeals or anti-British propaganda was often easier for Indian leaders than addressing
m

issues that had troubled the Indian subcontinent for centuries. As a result, even though
the Hindu caste system was never fully attacked or abolished by the Congress, most
Hindu-Muslim contradictions remained unresolved.
)A

Imperial economic exploitation, on the other hand, proved to be an excellent


nationalist catalyst, as when Gandhi united India’s peasant masses behind the
Congress Party during his famous Salt March against the salt tax in March–April 1930,
which served as a precursor to his second nationwide satyagraha. The raj’s monopoly
on the sale of salt, which was heavily taxed, had long been a major source of revenue,
(c

and Gandhi mobilised millions of Indians to join him in breaking the law by marching
from his ashram at Sabarmati near Ahmadabad (now in Gujarat state) to the sea at
Dandi, where he illegally picked up salt from the sands on the shore. It was a beautifully
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Constitutional History of India 165

easy way to break a British law without resorting to violence, and by the end of the year,
Notes

e
jail cells across India were once again brimming with satyagrahis.

Many of the Congress Party’s younger members were willing to take up arms

in
against the British, and some saw Gandhi as an agent of colonial rule for calling the first
satyagraha to a halt in 1922. Subhas Chandra Bose (1897–1945), a Bengali follower of
C.R. Das and admirer of Adolf Hitler and Benito Mussolini, was the most well-known and

nl
influential of the militant Congress leaders. Bose was so successful in Congress that he
was elected president twice (in 1938 and 1939), despite Gandhi’s opposition and the
active opposition of the majority of the central working committee members. After being
forced to resign in April 1939, Bose founded his own Bengali party, the Forward Bloc, with

O
his brother Sarat, which initially remained within the Congress fold. Bose was captured
and imprisoned by the British at the start of World War II, but he managed to flee to
Afghanistan in 1941, then to the Soviet Union and Germany, where he lived until 1943.

ty
During the 1930s, Motilal Nehru’s only son, Jawaharlal Nehru (1889–1964),
emerged as Gandhi’s designated successor to the Congress Party’s leadership. The
younger Nehru, a Fabian socialist and a barrister, was educated at Harrow School in

si
London and Trinity College, Cambridge, and was inspired to join the Congress and
the non-cooperation movement by his admiration for Gandhi. Though he was more of
an Anglophile aristocrat than a Hindu sadhu or mahatma, Jawaharlal Nehru devoted

r
his energy and intellect to the nationalist movement and, at the age of 41, was the
Congress’s youngest president when it passed the Purna Swaraj (“Complete Self-
ve
Rule”) resolution in December 1929. Jawaharlal Nehru’s progressive brilliance and
enthusiasm made him a natural leader of the Congress Party’s youth movement,
while his Brahman heritage and family wealth overshadowed many of the party’s more
conservative leadership’s concerns about putting him in charge. The Purna Swaraj
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resolution, issued on January 26, 1930, and later commemorated as India’s Republic
Day, called for “complete independence from the British,” but Prime Minister Nehru
interpreted it as allowing India to remain in the British Commonwealth, a realistic
U

concession young Jawaharlal had vowed he would never make.

Muslim separatism
Following the fall of the Khilfat movement, which occurred after Kemal Atatürk
ity

declared his modernist Turkish reforms in 1923 and disavowed the title of caliph the
following year, the Muslim quarter of India’s population became increasingly suspicious
of the Congress Party’s promises and restive. In 1924, Hindu-Muslim riots on India’s
southwestern Malabar Coast claimed hundreds of lives, and similar religious rioting
m

spread to every major city in northern India, where reports of Muslim “cow slaughter,”
the polluting presence of a dead pig’s carcass in a mosque, or other clashing doctrinal
fears fuelled the tinder of mistrust that had always lurked in India’s poorer towns
)A

and villages. Separate-electorate formulas and representatives of different parties


fuelled expectations, which proved almost as dangerous in causing violence as fears
at each point of change, as the chances of real devolution of political power by the
British seemed more inevitable. The pre-World War I Congress Party’s older, more
conservative leadership considered Gandhian satyagraha too radical—and far too
(c

revolutionary—to support, and liberals like Sir Tej Bahadur Sapru (1875–1949) founded
their own party (which later became the National Liberal Federation), while others,
like Jinnah, dropped out of politics altogether. Jinnah devoted himself to his lucrative

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166 Constitutional History of India

Bombay law practise after being alienated by Gandhi and his illiterate mass of devoutly
Notes

e
Hindu followers, but his energy and determination drew him back to the leadership
of the Muslim League, which he revitalised in the 1930s. Many Muslim compatriots,
including Liaquat Ali Khan, Pakistan’s first prime minister (1947–51), urged Jinnah to

in
become the permanent president of the Muslim League. Jinnah was also instrumental
in persuading Viceroy Lord Irwin (later, 1st Earl Halifax; ruled 1926–31) and Prime
Minister MacDonald to convene the Round Table Conference in London.

nl
By 1930, a number of Indian Muslims, whose population controlled the north
western provinces of British India and the eastern half of Bengal, as well as significant
pockets of the United Provinces and the great princely state of Kashmir, had begun to

O
consider independent statehood for their minority group. (In the south, the princely state
of Hyderabad was ruled by a Muslim family, but it was mainly Hindu). Sir Muammad
Iqbl (1877–1938), one of Punjab’s greatest Urdu poets, suggested that “the ultimate

ty
destiny” of India’s Muslims should be the consolidation of a “North-West Indian Muslim
state” while presiding over the Muslim League’s annual meeting in Allahabad in 1930.
Despite the fact that he did not call it Pakistan, his plan included what would later
become Pakistan’s major provinces: Punjab, Sindh, Khyber Pakhtunkhwa (North-West

si
Frontier Province until 2010), and Balochistan. At the time, Jinnah, the Aga Khan, and
other influential Muslim leaders were in London for the Round Table Meeting, which
still saw a federation of all Indian provinces and princely states as the only possible
r
constitutional option for India in the event of a British withdrawal. Separate electoral
ve
seats, as well as special assurances of Muslim “autonomy” or “veto powers” in dealing
with sensitive religious issues, were hoped to be enough to avoid civil war and the need
for real partition. Such formulas and schemes tended to suffice as long as the British raj
remained in force, since the British army could only be thrown into the communal fray
ni

when it was in grave danger, and the army had remained apolitical and untainted by
communal religious sentiments since its post-mutiny reorganisation.

In 1933, a group of Muslim students at Cambridge, led by Choudhary Rahmat


U

Ali, proposed that the only appropriate solution to Muslim India’s internal conflicts and
problems would be the development of a Muslim “fatherland” out of the Muslim-majority
north western and northeaster provinces, to be known as Pakistan (Persian: “Land of
the Pure”). The Muslim League and its president, Muhammad Ali Jinnah, did not join
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the Pakistan demand until after the league’s famous Lahore meeting in March 1940,
since Jinnah, a secular constitutionalist by birth and training, hoped for reconciliation
with the Congress Party. After the 1937 elections, Nehru refused to allow the league
to form coalition ministries with the Congress majority in the United Provinces and
elsewhere, and such hopes vanished. The Congress had initially joined the elections
m

with the intention of overturning the 1935 Act, but after a landslide victory in most
provinces and the league’s weak results, mainly due to its failure to coordinate itself for
national elections, Nehru decided to join the government and announced that India had
)A

only “two parties,” the Congress and the British Raj.

Jinnah quickly demonstrated to Nehru that the Muslims were a formidable “third”
force. Many Muslims soon saw the new “Hindu raj” as biased and tyrannical, and the
Hindu-led Congress ministries and their helpers as insensitive to Muslim demands or
(c

appeals for jobs, as well as to their redress of grievances, and the years from 1937
to 1939, when the Congress Party actually ran most of British India’s provincial
governments, became the seed time for the Muslim League’s growth in prominence
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Constitutional History of India 167

and power within the entire Muslim community. The Congress’s partiality against
Notes

e
its own members, discrimination toward its majority race, and favouritism towards its
leadership’s friends and relatives all conspired to persuade many Muslims that they
had become second-class citizens in a country that, though on the verge of achieving

in
“freedom” for some Indians, would be governed by “infidels” and “enemies” to the
Muslim minority. The league took advantage of the Congress’s failures in governance,
documenting as many records as it could in papers published during 1939 in the hopes

nl
of showing how miserable a Muslim’s life would be under any “Hindu raj.” Of course,
the Congress insisted that it was a “secular and national” party, not a communal Hindu
one, but Jinnah and the Muslim League countered that they were the only ones who

O
could speak for and protect India’s Muslims. By the eve of World War II, the battle lines
had been drawn, which only served to deepen and accelerate the process of communal
strife and irreversible political fragmentation that would divide British India.

ty
The impact of World War II
The viceroy Lord Linlithgow (reigned 1936–43) told India’s political leaders and
citizens on September 3, 1939, that they were at war with Germany. Such unilateral

si
declarations were regarded by Nehru and the Congress Party’s high command as more
than insensitive British actions, since the Congress saw itself as the viceroy’s “partner” in
administering the raj, having taken on the task of running most of British India’s provinces.
r
As a result, the autocratic declaration of war was considered a “betrayal,” and Nehru and
Gandhi were furious. They demanded a prior forthright declaration of Britain’s post-war
ve
“goals and values” instead of obedient support for the British raj. At Great Britain’s darkest
hour of national risk, neither Linlithgow nor his Tory secretary of state, Lord Zetland, were
able to appeal to the Congress’s wishes. Nehru’s indignation led the Congress’s high
command to call for the resignation of all of the party’s provincial ministers. Jinnah was
ni

overjoyed by the decision and announced Friday, December 22, 1939, to be a Muslim
“Day of Deliverance” from the Congress “raj’s tyranny. Furthermore, Jinnah met with
Viceroy Linlithgow on a regular basis, assuring him that he need not be concerned about
U

a lack of support from India’s Muslims, many of whom were active members of Britain’s
armed forces. Throughout World War II, as the Congress Party drifted farther away from
the British, first through passive and then active non-cooperation, the Muslim League
secretly supported the war effort in every way possible.
ity

In March 1940, the league held its first meeting after the outbreak of the war in
Punjab’s ancient capital of Lahore. The famous Lahore Resolution, later known as the
Pakistan Resolution, was passed by the largest gathering of league delegates just
one day after Jinnah told his followers that “the problem of India is manifestly of an
m

international character, not an inter-communal problem.” As a result, the league agreed


that any potential British constitutional proposal for India would not be “acceptable to
the Muslims” unless the Muslim-majority “areas” of India’s “North-Western and Eastern
)A

Regions” were “grouped to constitute “independent States” under which the constituent
units would be autonomous and sovereign.” Pakistan was not listed until the next day’s
newspapers used the word in their headlines, and Jinnah clarified that the resolution
called for the formation of a single Muslim nation-state, Pakistan, rather than two
separate Muslim countries.
(c

In October 1940, Gandhi initiated his first “individual satyagraha” movement


against the war. Gandhi’s most devoted supporter, Vinoba Bhave, openly announced

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168 Constitutional History of India

his opposition to the war effort and was sentenced to three months in prison as a result.
Notes

e
Jawaharlal Nehru was the next to publicly defy British rule, earning a four-year prison
term. More than 20,000 Congress satyagrahis were imprisoned by June 1941.

in
Bose also fled to Germany in 1941, where he began broadcasting appeals to
India, urging the people to “rise up” against British “tyranny” and “throw off” their chains.
However, since there were few Indians in Germany, Hitler’s advisors advised Bose to

nl
return to Asia by submarine; he was finally transported to Japan and then to Singapore,
where Japan had captured at least 40,000 Indian troops during its February 1942
invasion of that strategic island. In 1943, the captured soldiers joined Netaji (“Leader”)
Bose’s Indian National Army (INA) and marched behind him to Rangoon a year later.

O
Bose hoped to “liberate” Manipur and then Bengal from British rule, but British forces
stationed at India’s eastern gateways held out until the summer monsoon enabled them
to be properly reinforced, and they drove Bose and his army back down the Malay

ty
Peninsula. Bose attempted to flee Saigon (now Ho Chi Minh City, Vietnam) by air in
August 1945, but he died of serious burns after his overloaded plane crashed into the
island of Formosa (Taiwan).

si
British wartime strategy
Due to Lord Linlithgow’s initial unwillingness to negotiate post-war values with
the Congress Party, India’s premier national party was deprived of any potential for
r
substantive discussion about any political prospects—that is, those that it might win
ve
through non-cooperation or abuse. However, after Japan joined the Axis powers in
late 1941 and conquered much of Southeast Asia too quickly, Britain worried that the
Japanese would invade India soon. In March 1942, British Prime Minister Winston
Churchill’s war cabinet dispatched to New Delhi socialist Sir Richard Stafford Cripps,
ni

a close personal friend of Nehru, with a post-war plan. The Cripps Mission gave Indian
politicians absolute “dominion status” for India after the war ended, with the additional
stipulation that any province could vote to “opt out” of such a dominion if it desired.
U

This was largely a concession to the Muslim League. Gandhi sneered at the bid,
calling it “a post-dated cheque on a failing bank,” and Nehru was similarly dismissive
of Cripps’ ability to give so much to the Muslims. Churchill had bound Cripps’ hands
before he left London, as the war cabinet had told him to only express the British bid,
ity

not to change it or negotiate a new formula. In less than a month, he returned empty-
handed, and Gandhi began preparing his final satyagraha campaign, the Quit India
movement. Gandhi claimed that the British intervention in India was a provocation to
the Japanese, and he called on the British to “leave India” and leave Indians to deal
with the Japanese by nonviolent means. Nevertheless, Gandhi and the entire Congress
m

Party high command were arrested before the nonviolent resistance movement began
in August 1942. Following the crackdown on the Leave India movement, at least 60,000
Indians filled British prison cells in a matter of months, and the raj unleashed massive
)A

force against Indian underground attempts to obstruct rail transport and generally
subvert the war effort. British pilots bombed and strafed parts of the United Provinces,
Bihar, the North-West Frontier, and Bengal as the raj tried to crush all Indian resistance
and violent opposition as quickly as possible. Thousands of Indians were killed or
injured during the war, but the rebellion persisted as more young Indians, both men and
(c

women, were recruited into the Congress’s underground network.

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Constitutional History of India 169

Notes

e
in
nl
O
Mural depicting the Quit India movement; painted by Beohar Rammanohar Sinha,
c. 1952, Jabalpur, India.

ty
The assault on Pearl Harbor, Hawaii, by Japan in December 1941 pulled the US
into the war as Britain’s most important ally. US guns and planes steamed and flew
into Calcutta (Kolkata) and Bombay (Mumbai) by late 1942, bolstering British India as

si
the main Allied launching pad against Japanese forces in Southeast Asia and China.
Despite increasing Indian resistance, both violent and nonviolent, the British raj
remained firm. Moreover, during World War II, India’s industry expanded at a rapid rate.
r
By the end of the war, the Tata steel plant in Jamshedpur had doubled its production
ve
and had become the most powerful in the British Empire. Despite numerous threats,
the Japanese never conducted major air attacks against Calcutta or Madras, and
Indian shipyards and light-manufacturing plants thrived in Bombay, Bengal, and Orissa
(Chennai). Field Marshall Lord Wavell, who succeeded Linlithgow as Viceroy (1943–
47), placed India’s government completely under martial rule for the duration of the
ni

war in mid-1943. Several attempts by the Congress Party to address Hindu-Muslim


differences through talks between Gandhi and Jinnah failed. Wavell held a political
conference in Simla (Shimla) in late June 1945, shortly after the war in Europe ended,
U

but there was no meeting of minds, no formula strong enough to cross the chasm
between the Congress and the Muslim League.

Churchill’s Conservative Party government was voted out of control by the


ity

Labour Party in a landslide of British polls two weeks after the Simla talks collapsed
in midsummer, and the new prime minister, Clement Attlee, chose one of Gandhi’s old
admirers, Lord Pethick-Lawrence, to lead the India Office. With the advent of the atomic
age and Japan’s surrender in August, London’s primary concern in India was how to
find a political solution to the Hindu-Muslim dispute that would enable the British Raj
m

to withdraw its forces and extricate as much of its properties as quickly as possible
from what seemed to the Labour Party to have become more of an imperial burden and
liability than any real benefit for Great Britain.
)A

The transfer of power and the birth of two countries


The Muslim League won all 30 seats reserved for Muslims in the Central
Legislative Assembly and most of the reserved provincial seats in the winter of 1945–
(c

46, showing how successful Jinnah’s single-plank strategy had been. The Congress
Party was successful in winning the majority of general electorate seats, but it could no
longer effectively claim to speak for all of British India’s people.

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170 Constitutional History of India

In 1946, Secretary of State Pethick-Lawrence led a three-man cabinet delegation


Notes

e
to New Delhi in the hopes of breaking the deadlock between the Congress and the
Muslim League and thereby shifting British control to a single Indian government.
Cripps was primarily responsible for writing the genius Cabinet Mission Plan, which

in
proposed a three-tier federation for India, with a nominal central-union government in
Delhi handling foreign relations, communications, security, and only those finances
necessary to care for those unionwide matters. The subcontinent was meant to be

nl
divided into three major groups of provinces: Group A, consisting the Hindu-majority
areas of the Bombay Presidency, Madras, the United Provinces, Bihar, Orissa, and the
Central Provinces (practically all of what became independent India a year later); Group

O
B, consisted of the Muslim-majority area of the Punjab, Sind, the North-West Frontier,
and Balochistan (the parts out of which the western part of Pakistan was formed);
and Group C, consisting of the Muslim-majority Bengal (the area of which became the
eastern part of Pakistan and in 1971 the country of Bangladesh) and the Hindu-majority

ty
Assam. The princely states were to be merged into their neighbouring provinces
within each group, and the group governments were to be practically autonomous in
everything but matters reserved for the union core. Local regional governments were

si
to have the option of opting out of the community in which they were put if a majority of
their residents voted to do so.

Punjab’s large and influential Sikh population would have been placed in an
r
especially difficult and peculiar situation, since Punjab as a whole would have been
ve
allocated to Group B, and most of the Sikh community had been anti-Muslim after the
Mughal emperors started persecuting their Gurus in the 17th century. Sikhs were so
important in the British Indian Army that many of their leaders hoped that after the war,
the British would help them carve out their own country from the rich heart of Punjab’s
ni

fertile canal-colony lands, where most Sikhs lived in the kingdom once ruled by Ranjit
Singh (1780–1839). Sikhs had been equally stubborn in resisting the British raj since
World War I, and despite accounting for less than 2% of India’s population, they had
as many nationalist “martyrs” as army officers. Beginning in 1920, the Sikh Akali Dal
U

(“Party of Immortals”) led militant marches to free gurdwaras (“doorways to the Guru”;
Sikh places of worship) from greedy Hindu administrators. In 1942, Tara Singh (1885–
1967), the most influential leader of the emerging Sikh political movement, called for
a separate Azad (“Free”) Punjab. Many Sikhs requested a Sikh nation-state, dubbed
ity

Sikhistan or Khalistan (“Land of the Sikhs” or “Land of the Pure”), by March 1946. The
Cabinet Mission, on the other hand, didn’t have the time or resources to concentrate on
Sikh separatist demands, and considered the Muslim League’s demand for Pakistan
equally unacceptably unreasonable.
m

Jinnah, who was dying of tuberculosis and lung cancer, welcomed the Cabinet
Mission’s plan as a pragmatist, as did Congress Party leaders. As a result, the early
summer of 1946 saw a ray of hope for India’s future prospects, but this was quickly
)A

dispelled when Nehru declared at his first press conference as the re-elected president
of the Congress that no constituent assembly could be “bound” by any predetermined
constitutional formula. Nehru’s remarks were interpreted by Jinnah as a “full
repudiation” of the proposal, which had to be approved in its entirety to succeed. In
mid-August 1946, Jinnah convened the league’s Working Committee, which withdrew
(c

its previous agreement to the federation scheme in favour of calling on the “Muslim
Community” to launch “direct action”. Thus, started the bloodiest year of civil war in

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India since the mutiny nearly a century ago. As all civilised restraint seemed to vanish,
Notes

e
the Hindu-Muslim rioting and killings that began in Calcutta sent deadly sparks of fury,
frenzy, and terror to every corner of the subcontinent.

in
As Britain prepared to hand over control of India to some “responsible” hands by
June 1948, Lord Mountbatten (served March–August 1947) was sent to succeed Wavell
as viceroy. Mountbatten determined that the situation was too risky to wait even the

nl
short time after arriving in Delhi and conferring with representatives of all parties as
well as his own officials. Fearing a forced withdrawal of British troops still stationed in
India, Mountbatten preferred partition, separating Punjab and Bengal, rather than face
further diplomatic negotiations as a civil war raged and a fresh mutiny of Indian troops

O
loomed. Gandhi was the only major Indian leader who refused to acknowledge partition
and urged Mountbatten to give Jinnah the presidency of a united India rather than a
separate Muslim republic. Nehru, as well as his most influential Congress deputy,

ty
Vallabhbhai Jhaverbhai Patel (1875–1950), did not consent to that, as both were tired
of arguing with Jinnah and ready to get on with the job of running an independent India
government.

si
The Indian Independence Act was passed by the British Parliament in July 1947.
It ordered that the dominions of India and Pakistan be demarcated by midnight on
August 14–15, 1947, and that the riches of the world’s largest empire—which had

r
been interconnected in countless ways for over a century—be divided within a month.
Two boundary commissions raced against the clock to divide Punjab and Bengal in
ve
such a way that the maximum realistic number of Muslims would be left to the west
of the former’s new boundary and to the east of the latter’s, but as soon as the new
boundaries were known, approximately 15 million Hindus, Muslims, and Sikhs fled
their homes on one part of the newly established borders to what they perceived would
ni

be “shelter” on the part. As many as a million people were slaughtered in communal


massacres during that horrific evacuation of innocents, making all other conflicts of this
kind in modern history pale in comparison. Sikhs, who were stationed along Punjab’s
U

new “axis,” bore the brunt of the casualties in terms of their numbers. Majority of Sikh
refugees relocated in the comparatively small region of what is now the Indian border
state of Punjab.
ity

The Republic of India


The devastating legacy of partition overshadowed India’s first years of
independence. Refugee resettlement, economic disruption and insufficient resources
for practically every need, ongoing communal tensions (as more than 10% of India’s
m

population remained Muslim), and the outbreak of an undeclared war with Pakistan
over Kashmir within a few months of independence were just a few of the major
challenges facing the new-born dominion. Lord Mountbatten remained in New Delhi
)A

to serve as India’s first new governor-general, a largely ceremonial post, while Nehru
became the country’s first responsible prime minister, leading a Congress cabinet that
included Patel as its second most powerful figure.

Gandhi, who declined to take office, preferred to walk barefoot through riot-torn
areas of Bengal and Bihar, where he tried to avoid communal killings with his presence
(c

and influence. He then returned to Delhi, where he preached nonviolence on a regular


basis until he was assassinated on January 30, 1948, by an orthodox Hindu Brahman

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172 Constitutional History of India

fanatic. “The light has gone out of our lives,” Prime Minister Nehru said, “and there is
Notes

e
darkness everywhere.” Nonetheless, Nehru remained at the helm of India, and thanks
to his secular enlightened leadership, not only did India’s flood of religious hate and
violence subside, but some progress toward communal reconciliation and economic

in
growth was made as well. As a Hindu Brahman pandit, Nehru was willing to speak out
against India’s “caste-ridden” and “priest-ridden” culture without fear of upper-caste
retaliation. His charismatic genius also continued to make him a big vote-winner in

nl
each election campaign he led (1951–52, 1957, 1962) during his 17 years in office as
the Indian National Congress (Congress Party) dominated political life, with only minor
parties and independent candidates opposing him. Nehru’s modernist mindset and

O
cosmopolitan popularity helped to mask India’s internal issues, which remained largely
unchanged under his leadership.

Government and politics

ty
On January 26, 1950, India was reborn as an independent democratic republic
and a federation of states. With universal adult franchise, India’s electorate was the
world’s highest, but much of its illiterate population’s conventional feudal roots were

si
strong, and religious caste convictions were to remain much more dominant than more
recent exotic ideas like secular statehood. Elections were to be held at least every five
years, and India’s constitution adopted the British parliamentary model of government,
r
with a lower House of the People (Lok Sabha) where a voted prime minister and
cabinet convened and an upper Council of States (Rajya Sabha). From the Lok Sabha
ve
in New Delhi until his death in 1964, Nehru was the chief of the Congress Party. The
nominal head of India’s republic, on the other hand, was an indirectly elected president.
Rajendra Prasad and Sarvepalli Radhakrishnan, India’s first two leaders, were Hindu
Brahmans. The latter was a distinguished Sanskrit scholar who lectured at Oxford.
ni

Except for brief periods of “emergency” law, when the nation’s survival was assumed to
be in dire peril and standard constitutional processes and civil rights were feared to be
too cumbersome or threatening, presidential powers were mainly ceremonial.
U

The central government in New Delhi shared power with a number of state
governments (created from former British provinces and princely states), each of
which had a nominal governor and an voted chief minister with a cabinet to control its
ity

governmental assembly. One of the Congress Party’s long-standing solutions required


the restructure of British local boundaries into linguistic states, in which each of India’s
major regional languages would find governmental representation, while English and
Hindi would continue to be joint national languages for legislative, legal, and service
inspection reasons. After the former British province of Madras was divided into Tamil
m

Nadu (“Land of the Tamils”) and Andhra (from 1956 Andhra Pradesh), where Telugu,
another Dravidian language, was spoken by the vast majority, demand for such
reorganisation arose. (In 2014, Andhra Pradesh was split in two, with the northern,
)A

Telugu-speaking part becoming the new state of Telangana. The capital of each state
was Hyderabad [in Telangana]). As a result, Nehru formed the States Reorganisation
Commission to redesign India’s internal map, which resulted in the States
Reorganization Act of 1956, which resulted in a major redrawing of administrative
boundaries, especially in southern India. The expanded state of Bombay was split
(c

into Marathi-speaking Maharashtra and Gujarati-speaking Gujarat four years later,


in 1960. Despite these changes, the complicated process of reorganisation persisted

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Constitutional History of India 173

and demanded attention in many parts of the subcontinent, which was perhaps best
Notes

e
exemplified by the continuing linguistic agitation. One of the most difficult issues was
Sikhs’ demand that Punjabi, with its sacred Gurmukhi script, be made the official
language of Punjab; however, many Hindus, fearful of being left behind, insisted that

in
as Hindi speakers, they, too, deserved a state of their own, if the Sikhs were to be
granted the Punjabi suba (state) for which so many Sikhis restless. Nehru, on the other
hand, refused to consent to a separate Sikh state, fearing that giving in to the Sikhs,

nl
who were both a religious and linguistic group, would lead to further “Pakistan-style”
fragmentation.

O
Foreign policy
Nehru served as his own foreign minister and was the architect of India’s foreign
policy for the rest of his life. However, the spectre of partition lingered for years
after India’s independence, and both India and Pakistan were wary of each other’s

ty
incitement to border violence.

The princely state of Jammu and Kashmir sparked Pakistan’s first undeclared

si
war, which started just over two months after independence. Prior to partition, princes
were given the option of joining the new dominion of India within which their territory
lay, and thanks to Mountbatten and Patel’s zealous lobbying, the vast majority of
princes accepted, accepting handsome pensions (dubbed “privy purses”) in return
r
for relinquishing sovereignty. Just three kings, those of Junagadh, Hyderabad, and
ve
Kashmir, had not acceded to the new dominion or gone over to Pakistan immediately.
Although most of their subjects were Hindus, the nawab of Junagadh and the nizam
of Hyderabad were both Muslims, and both states were surrounded by India on
land. On the other hand, Junagadh faced Pakistan on the Arabian Sea, and when its
ni

nawab followed Jinnah’s lead and joined the Muslim country, India’s army moved in
and took control of the area. The nizam of Hyderabad was more optimistic, hoping for
independence for his large domain in southern India, but India declined to grant him
U

more than a year’s notice, and troops were sent into the state in September 1948. Both
invasions met with little opposition, if any, and both states were easily incorporated into
India’s union.

Kashmir, situated in the Himalayas, posed a unique challenge. Its maharaja was
ity

Hindu, but the area itself was contiguous to both new dominions, sitting like a crown
atop South Asia. Maharaja Hari Singh attempted to retain his independence at first,
but in October 1947, Pashtun (Pathan) tribesmen from Pakistan’s North-West Frontier
invaded Kashmir in trucks, travelling to Srinagar. The invasion sparked India’s first
m

undeclared war with Pakistan, triggering the maharaja’s decision to join India right
away. Mountbatten and Nehru flew Indian forces into Srinagar, and the tribesmen
were driven to retreat back to a boundary that has, since 1949, separated Kashmir
)A

into Pakistan-administered Azad Kashmir (the western share of Kashmir) and Gilgit-
Baltistan (the northern share of Kashmir, also ordered by Pakistan; previously “Northern
Areas”) and India-run Jammu and Kashmir (the southern share of Kashmir) and Ladakh
(the eastern share of Kashmir; managed as a portion of Jammu and Kashmir till 2019).
Nehru agreed to Mountbatten’s suggestion that a plebiscite be conducted around the
(c

entire state as soon as hostilities ended, and both sides agreed to an UN-sponsored
cease-fire on January 1, 1949. However, no state-wide referendum was held because,
in 1954, after Pakistan began obtaining weapons from the US, Nehru withdrew his

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174 Constitutional History of India

support.
Notes

e
Nehru described India’s nonaligned foreign policy as: mutual respect for other
nations’ territorial integrity and sovereignty; nonaggression; non-interference in internal

in
affairs; equality and mutual benefit; and peaceful coexistence. Ironically, these ideals
were enshrined in a treaty with China over the Tibet region in 1954, when Nehru still
hoped for Sino-Indian “brotherhood” and leadership of a “Third World” of nonviolent

nl
nations willing to save the world from Cold War superpower conflict and nuclear
destruction.

China and India, though, had not settled a disagreement over numerous parts

O
of their boundary, most particularly the part defining a desolate plateau in Ladakh—a
majority of which was named Aksai Chin, which was obtained by India as section of
Jammu and Kashmir state but not ever correctly charted —and the sector enclosed
on the north by the McMahon Line, which extends from Bhutan to Burma (Myanmar)

ty
and then to the top of the Great Himalayas. The latter, named as the North-East
Frontier Agency (NEFA) in 1954, was claimed based on a 1914 agreement between
Arthur Henry McMahon, the British foreign secretary for India, and Tibetan officials, but

si
China never acknowledged it. After reasserting its authority over Tibet in 1950, China
began pleading with India for border talks, but to no avail. The Sino-Indian conflict was
intensified in the late 1950s when India discovered a road constructed by the Chinese

r
to link its autonomous region of Xinjiang with Tibet through Aksai Chin. The tensions
were heightened further when India granted asylum to Tibet’s spiritual leader, the Dalai
ve
Lama, in 1959. When a Chinese army marched easily through India’s northern outposts
and advanced practically unopposed toward the plains of Assam until Beijing ordered
their unilateral withdrawal in October 1962, full-scale war erupted.
ni

The war was a blow to Nehru’s most beloved values and beliefs, but India’s
northern defences were rapidly bolstered thanks to rapid and widespread American
and British military assistance, including the deployment of US bombers to the world’s
highest frontier. In 1961, India’s “police action” of forcefully incorporating Portuguese
U

Goa into the union was another step away from the high ground of nonviolence in
foreign affairs that Nehru asserted for India in his UN speeches and elsewhere. During
his tenure as Prime Minister, Nehru made a concerted effort to relate the country’s
ity

foreign policy to anti-colonialism and anti-racism. He also tried to promote India’s


position as a peacemaker, which was seen as a continuation of Gandhi’s policies
and as profoundly rooted in Buddhism, Jainism, and Hinduism’s indigenous religious
traditions. India’s foreign policy, like most others, was focused first and foremost on the
government’s perceptions of national interest and security issues.
m

Economic planning and development


As a Fabian socialist, Nehru believed strongly in economic planning and chaired
)A

the Planning Commission of his country. In 1951, India’s First Five-Year Plan was
initiated, with the bulk of funds going into repairing war-damaged railroads, irrigation
systems, and canals. By the end of the Second Five-Year Plan (1956–61), food grain
production had risen from 51 million tons in 1951 to 82 million tons. However, over the
same decade, India’s population rose from 360 million to 440 million, eliminating real
(c

economic advantages for all but major landowners and the richest and best-educated
quarter of the country’s urban population. The landless and jobless lower half of India’s

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rapidly expanding population remained undernourished, ill-housed, and illiterate.


Notes

e
Nehru’s foresight in remaining nonaligned assisted India’s economic growth, as India
received considerable help from both sides of the Cold War, with the Soviet Union and
Eastern Europe supplying almost as much capital goods and technical assistance as

in
the United States, the United Kingdom, and what was then West Germany. With the
United States building one factory, the Soviet Union another, Britain a third, and West
Germany a fourth, the iron and steel industries rapidly became a true international

nl
example of coexistence. During Nehru’s tenure, an Aid India Consortium of major
Western powers and Japan provided $5 billion in capital and credits, resulting in
India’s annual iron production increasing to nearly 25 million tons by the end of the

O
programme, with about three times that amount of coal produced and nearly 40 billion
kilowatt-hours of electric power generated. In terms of absolute value of production,
India had progressed to the tenth most advanced industrial country in the world, though
it remained one of the least productive of the world’s major countries per capita.

ty
As India’s urban elite acquired more comforts and pleasures as a result of
modernization, the divide between larger industrial cities and areas of widespread rural
poverty widened. Various initiatives to alleviate rural poverty were attempted, many

si
of them ostensibly in the spirit of Gandhi’s sarvodaya (rural “uplift”) ideology, which
promoted community sharing of all resources for the common benefit of the people and
the improvement of peasant life. Vinoba Bhave, a social reformer, began the bhoodan
r
(land gift) movement, in which he walked from village to village, asking large landowners
ve
to “adopt” him as their son and give him a portion of their land, which he would then
allocate to the landless. Later, he extended the programme to include gramdan (“gift of
village”), in which peasants voluntarily surrendered their land to a cooperative scheme,
and jivandan (“gift of life”), in which volunteers such as socialist J.P. (Jaya Prakash)
ni

Narayan, who was the catalyst for the founding of the Janata (People’s) Party opposition
coalition to the Congress Party in the mid-1970s. In the early 1950s, the Ford Foundation,
an American philanthropic organisation, initiated a community development and rural
extension programme that enabled young Indian college students and technical experts
U

to concentrate their expertise and experience on village issues. The country’s half-million
villages, on the other hand, were slow to reform, and while a few model villages arose in
the vicinity of New Delhi, Bombay (later renamed Mumbai), and other major cities, the
more remote villages remained hotbeds of poverty, caste division, and illiteracy.
ity

Chemical fertilisers and high-yield food seeds did not bring the Green Revolution
in agriculture to India until the late 1960s. Many poor or small farmers were unable to
afford the seeds or the risks associated with the new technology, so the results were
mixed. Furthermore, as the production of rice and, especially, wheat increased, so did
m

the production of other grains. Farmers in the major wheat-growing areas of Haryana,
Punjab, and western Uttar Pradesh benefited the most.
)A

Post-Nehru politics and foreign policy


Indira Gandhi, Nehru’s only child and closest confidante, was with him when
he died on May 27, 1964. Indira had moved into Teen Murti Bhavan, the prime
minister’s mansion, with her two sons, Rajiv and Sanjay, after a long separation from
(c

her husband, Feroze Gandhi, who had died by then. She had toured the world with
her father and worked as the president of his Congress Party’s “ginger gang” youth
movement, but as a young mother and widow, she had not yet served in parliament

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176 Constitutional History of India

or in her father’s cabinet and therefore did not put herself forward as a candidate for
Notes

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prime minister. Despite the fact that it seemed that Nehru was grooming her to be his
successor, he rejected it and instead chose Lal Bahadur Shastri as India’s second
prime minister. Shastri had dedicated his life to party politics and had represented

in
Nehru admirably both inside and outside his cabinet. His modesty and simplicity, in
addition, endeared him to the majority of Indians.

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5.1.2 Desire to Increase Number of Indians in Indian British
Administrative System

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The British administrative system in India was based on three pillars: Civil
Services, Army, and Police.

1. Civil Services:

ty
Lord Cornwallis was the one who created the Civil Service. We know that the East
India Company operated in the East from the beginning by employing servants who
were paid low wages but allowed to trade privately. When the Company expanded into

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a territorial power, the same servants took on administrative roles.

They had become extremely corrupt at this point. They amassed untold wealth
by oppressing local weavers and artisans, merchants and zamindars, extorting bribes
r
and ‘gifts’ from rajas and nawabs, and engaging in illegal private trade. They retired to
ve
England with this wealth. Clive and Warren Hastings attempted, but were only partially
successful, in putting an end to their corruption.

Cornwallis, who arrived in India as Governor-General in 1786, was eager to


clean up the government, but he knew that unless the Company’s servants were
ni

compensated properly, they would not provide fair and effective service.

As a result, he strictly enforced the rules prohibiting private trade and the
acceptance of gifts and bribes by officials. At the same time, he increased the
U

Company’s servants’ pay.

The Collector of a district, for example, was to be paid Rs 1500 per month plus
a 1% commission on his district’s revenue collection. The Company’s Civil Service, in
ity

fact, rose to become the highest-paid service in the world. Cornwallis also stipulated
that promotion in the Civil Service would be based on seniority in order for its members
to be free of outside influence.

Lord Wellesley established the College of Fort William in Calcutta in 1800 for the
m

education of young Civil Service recruits. The Company’s directors disapproved of his
actions, and in 1806 they established their own East Indian College in Hailey-bury,
England.
)A

Until 1853, all Civil Service appointments were made by the East India Company’s
directors, who appeased the members of the Board of Control by allowing them to
make some of the nominations.

The directors fought hard to keep this lucrative and prized privilege, refusing to
(c

give it up even when Parliament took away their other economic and political privileges.
They finally lost it in 1853, when the Charter Act mandated that all Civil Service recruits
be chosen through a competitive examination.
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Constitutional History of India 177

The rigid and complete exclusion of Indians from the Indian Civil Service has
Notes

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been a feature of the Indian Civil Service since the days of Cornwallis. All higher
administrative positions worth more than £500 a year in salary had to be filled by
Englishmen, according to a law passed in 1793. Other branches of government, such

in
as the army, police, judiciary, and engineering, were also subjected to this scheme.

The English’s fundamental principle had been to make the entire Indian nation

nl
subservient to our interests and benefits in any way possible. Every honor, dignity, or
office that the lowest Englishmen might be convinced to embrace has been denied to
the Indians.

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Why did the British adopt such a strategy? It was the product of a variety of factors
coming together. For one thing, they claimed that only English staff could firmly create
an administration based on British concepts, structures, and procedures. They didn’t
trust the Indians’ capacity or honesty after that.

ty
For example, the Chairman of the Court of Directors, Charles Grant, defined the
Indian people as “a race of men lamentably degenerate and base; retaining but a feeble
sense of moral obligation; and sunk in misery by their vices”.

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Likewise, Cornwallis thought that “Every native of Hindustan is corrupt.” It’s worth
remembering that this accusation was levelled at a small group of Indian officials and

r
zamindars at the time. But it was just as true, if not more so, of British officials in India
at the time.
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Cornwallis had recommended that they be paid well in order to help them avoid
temptations and become more trustworthy and loyal. However, he never considered
using the same solution of adequate salaries to fight corruption among Indian officials.
ni

The exclusion of Indians from higher ranks in the military was, in fact, a deliberate
policy. These services were needed to develop and consolidate British rule in India
at the time. Obviously, Indians who lacked the same instinctive sympathy for and
U

comprehension of British interests as Englishmen could not be trusted with the work.
Furthermore, the dominant classes in British society wanted to maintain their sons’
monopoly on lucrative appointments in the Indian Civil Service and other services.
ity

The right to make them was a persistent point of dispute between the Company’s
directors and British Cabinet members. How could the English encourage Indians to
hold these positions? Indians, on the other hand, were enlisted in large numbers
to fill lower-level roles since they were less costly and more readily available than
Englishmen.
m

The Indian Civil Service evolved over time to become one of the world’s most
successful and effective civil services. Its representatives wielded immense influence
and were actively active in policymaking. They established traditions of freedom,
)A

honesty, and hard work, though these traits clearly benefited the British rather than the
Indians. They started to believe that they had a near-divine right to rule India.

The Indian Civil Service has been referred to as the “steel-frame” that supported
British rule in India. It gradually became the chief foe of all that was progressive and
(c

advanced in Indian life, as well as one of the key targets of the growing Indian national
movement’s attacks..

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178 Constitutional History of India

2. Army:
Notes

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The army was the British regime’s second most powerful pillar in India. It served
four essential purposes. It was the instrument that defeated the Indian powers; it

in
guarded the British empire in India from foreign rivals; it secured British sovereignty
from the ever-present threat of internal revolt; and it was the primary tool for expanding
and preserving the British empire in Asia and Africa.

nl
The majority of the Company’s army was made up of Indian troops, mainly from the
present-day states of Uttar Pradesh and Bihar.

For example, the army in India in 1857 numbered 311,400 men, with 265,900

O
of them being Indians. Its officers, on the other hand, were all British, at least since
Cornwallis’ time. Just three Indians in the army were paying Rs 300 a month in 1856,
and the highest Indian officer was a subedar.

ty
Since British troops were much too costly, a large number of Indian troops had
to be used. Furthermore, Britain’s population was possibly too small to provide the
massive army needed for the conquest of India. The army was run entirely by British

si
officials as a counterweight, and a contingent of British troops was kept on hand to keep
the Indian soldiers under control.

Even so, the fact that a handful of foreigners could conquer and dominate India
r
with a predominantly Indian army remains shocking today. This was made possible by
ve
two factors. On the one hand, modern nationalism was not present in the country at
the time. A soldier from Bihar or Awadh did not believe, and should not have believed,
that by assisting the Company in defeating the Marathas or Punjabis he was being anti-
Indian.
ni

The Indian soldier, on the other hand, had a long history of salt loyalty. To put it
another way, the Indian soldier was a good mercenary, and the Company was a good
manager. It paid its soldiers on time and in good health, something that Indian rulers
U

and chieftains no longer did.

3. Police:
The third pillar of British rule was the police force, which was established by
ity

Cornwallis once more. He stripped away the zamindars’ police powers and replaced
them with a regular police force to maintain law and order. In this regard, he returned to
the old Indian system of thanas and modernized it.

This put India ahead of the United Kingdom, which had yet to establish a police
m

force. Cornwallis developed a system of circles, or thanas, led by an Indian daroga.

Later, the position of District Superintendent of Police was created to direct a


)A

district’s police department. Indians were once again barred from all higher-ranking
positions. Village-watchmen, who were compensated by the villagers, continued to
perform the duties of the police in the villages.

Major crimes such as dacoity were steadily decreased by the police. The police
also prevented the creation of a large-scale plot against international influence, and
(c

they were used to suppress the national movement as it emerged.

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Constitutional History of India 179

The Indian police adopted an unsympathetic stance toward the people in their
Notes

e
interactions with them. The police perpetrated “depredations on the peaceable
inhabitants, of the same sort as those performed by the dacoits whom they were
employed to suppress,” according to a report by a Parliamentary Committee in 1813.

in
5.1.3 Basis of Government of India Act 1935

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The British parliament passed the Government of Indian Act in 1935, and it
went into effect in 1937. It was based on a report by Lord Linlithgow’s Joint Select
Committee, which formed the two houses of the British parliament. The report, in turn,

O
was the result of the Joint Committee’s review of the British government’s ‘White Paper,’
a scheme of constitutional reforms, prepared shortly after the Round Table conferences.

The Act was divided into 11 ‘Sections’ and 10 ‘Schedules’ in a legal format.
Each portion was further broken down into chapters. It is one of the longest pieces of

ty
legislation passed by the British parliament, with over 2000 speeches delivered during
parliamentary debates.

Some of the key features of the Act were:

si
●● The establishment of a ‘Federation of India’ with two tiers of government: a central
executive and parliament, and provinces and princely states below it.
●● r
At the provincial level, it abolished the “dyarchy” system and provided for the
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advent of popularly elected provincial legislatures. At the federal level, dysarchy
was instituted, and key subjects such as defence and foreign affairs were placed
under the direct control of the Governor General.
●● A federal court was created.
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●● The franchise was spread to 14% of the population from 3%.


●● Separate electorates were given for Muslims, Sikhs and others, but were not given
U

to Depressed Classes.
●● Governor possessed critical emergency powers.
Except for the National Liberal Federation, most Indian political parties were
ity

opposed to the Act. It was dubbed a “slave constitution” by the Indian National
Congress, as it attempted to “strengthen and perpetuate India’s economic bondage”.
The Congress, on the other hand, allowed its representatives to run in the Act’s
elections, win seats in provincial legislatures, and then seek to undermine the Act. The
Muslim League, India’s other major political party, also attacked the Act, but said it was
m

willing to work with regional parts for “what it was worth”.

The Act was instrumental in the drafting of India’s Constitution in 1950. The Act
is responsible for a large portion of the Constitution, especially the administrative
)A

provisions. As a result, accusations of the Constitution being “foreign” and “unoriginal”


were made in the Constituent Assembly. Also today, these types of attacks are popular.

The Act is widely regarded as a watershed moment in India’s constitutional


and political history, with most historians agreeing that it was motivated by a desire to
(c

preserve British interests rather than promote Indian self-government. The Act, according
to scholars like Andrew Muldoon, was “arguably the most important turning point in the
history of the British administration in India”. In Empire, Politics, and the Making of the
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180 Constitutional History of India

1935 Act, he goes on to say that the Act was designed as a ‘continuation of the British
Notes

e
control of India, and the deflection of the challenge to the Raj posed by Gandhi, Nehru
and the nationalist movement’. In his Ford Lectures on The Decline, Revival, and Fall
of the British Empire, J.A. Gallager shares a similar sentiment, arguing that “Act was

in
designed to revise the workings but not weaken the realities of British Power”.

Check your Understanding

nl
Multiple Choice Questions:

1. Appointment of the Welby Commission on Indian Expenditure happened in the year

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(a) 1846
(b) 1835
(c) 1895

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(d) 1930
2. The Nationalists were invited to a garden party held by the Viceroy, ______ in
Calcutta in 1886 and another hosted by the Governor of Chennai in 1887.

si
(a) Lord Dalhousie
(b) Lord Canning
(c) Lord Dufferin r
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(d) Lord Mountbatten

Fill in the Blanks:


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3. The Government of India Act of 1919 is also known as the ______.

State True or False:


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4. The Early Nationalists did pioneering work by exposing the true nature of British rule
in India.

Give one word:


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5. A situation holding that each nation should govern itself, free from outside interference
(self-determination), that a nation is a natural and ideal basis for a polity and that the
nation is the only rightful source of political power (popular sovereignty).

Summary
m

The British raj attempted to reconcile Indian religious pluralism with representative
law, and no doubt hoped to gain unwavering minority support and weaken the radical
leadership of the Congress’s claim to speak for India’s “united nationalist movement” by
)A

crafting such intricate constitutional formulas.

Between 1885 and 1907, the Early Nationalists, also known as the Moderates,
were a party of Indian political leaders. Their appearance signaled the start of India’s
organised national movement. Pherozeshah Mehta and Dadabhai Naoroji were two
(c

important moderate leaders. Many of the group’s members were trained in England, as
they were drawn from educated middle-class professionals such as lawyers, teachers,
and government officials.
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Constitutional History of India 181

The Early Nationalists desired a greater role in India’s governance, believing that
Notes

e
India should gradually shift toward democratic self-government. They did not attempt
immediate achievement of their goal because they were afraid that their actions would
be suppressed by the government. Instead, they sought to achieve independence in a

in
gradual manner.

When the British government sought to limit civil rights, the Early Nationalists stood

nl
up for them. From the beginning, their fight for independence was an integral part of the
national revolution. Tilak and a number of other leaders were arrested and tried in 1897
for making incendiary speeches.

O
Following the fall of the Khilfat movement, which occurred after Kemal Atatürk
declared his modernist Turkish reforms in 1923 and disavowed the title of caliph the
following year, the Muslim quarter of India’s population became increasingly suspicious
of the Congress Party’s promises and restive.

ty
The viceroy Lord Linlithgow (reigned 1936–43) told India’s political leaders and
people on September 3, 1939, that they were at war with Germany. Such unilateral
declarations were regarded by Nehru and the Congress Party’s high command as more

si
than insensitive British actions, since the Congress saw itself as the viceroy’s “partner” in
administering the raj, having taken on the task of running most of British India’s provinces.

r
Due to Lord Linlithgow’s initial unwillingness to negotiate postwar values with
the Congress Party, India’s premier national party was deprived of any potential for
ve
substantive dialogue about any political prospects—that is, those that it might win
through noncooperation or abuse.

The Muslim League won all 30 seats reserved for Muslims in the Central
ni

Legislative Assembly and most of the reserved provincial seats in the winter of 1945–
46, showing how successful Jinnah’s single-plank strategy had been. The Congress
Party was successful in gaining the majority of general electorate seats, but it could no
longer effectively claim to speak for all of British India’s people.
U

The devastating legacy of partition overshadowed India’s first years of


independence. Refugee resettlement, economic disruption and insufficient resources
for practically every need, ongoing communal tensions (as more than 10% of India’s
ity

population remained Muslim), and the outbreak of an undeclared war with Pakistan
over Kashmir within a few months of independence were just a few of the major
challenges facing the newborn dominion. Lord Mountbatten remained in New Delhi
to serve as India’s first new governor-general, a largely ceremonial role, while Nehru
m

became the country’s first responsible prime minister, leading a Congress cabinet that
included Patel as its second most powerful figure.

Activity
)A

Search via Internet about the constitutional reforms during British India, and
analyses how it led to development of India. Were there any demerits for those
reforms? Write an essay on this.
(c

Questions and Exercises


1. Write briefly on Constitutional Reforms.

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182 Constitutional History of India

2. What are Administrative Reforms?


Notes

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3. Describe British Administrative system in India.
4. What was the basis of Government of India Act 1935?

in
5. Describe British Wartime Strategy.

Glossary

nl
●● Satyagraha was the idea of non-violent resistance (fighting with peace) started by
Mohandas Karamchand Gandhi.

O
●● Constitutional amendment is a modification of the constitution of a polity,
organization or other type of entity.

Further Reading and Bibliography

ty
www.newworldencyclopedia.org
www.timemaps.com

si
Check your Understanding – Answers
1. (c)
2. (c)
r
ve
3. Montagu-Chelmsford Reforms
4. True
5. Nationalism
ni
U
ity
m
)A
(c

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Constitutional History of India 183

Chapter - 5.2: Importance of the Act


Notes

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Objective

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●● Provincial Autonomy for British India
●● Division of Federal Subjects between Centre and Provinces

nl
●● Role of Governor General
●● Protection of Minorities including Women
●● Introduction of Dyarchy at Central Level

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●● Establishment of Federal Form of Government
●● Voting Rights to Indian Public with Minimal Extent

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●● Inception of Federal Court
●● Government of Burma Act 1935

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Introduction
In the year 1935, the British government passed the Government of India Act.
It was one of the most lengthy Acts at the time, with 321 parts and ten schedules.
r
After the act was passed, the government found that it was too long to be regulated
ve
effectively, so it was agreed to split it into two sections so that it could operate properly:

1. The Government of India Act, 1935


2. The Government of Burma Act,1935
ni

The establishment of an All India Union, provisional autonomy, and the abolition of
the dyarchy were all part of the act, which gave new dimensions to the country’s affairs.
It was also British India’s last constitution until the country was split into two parts,
U

India and Pakistan, in 1947. The act was enacted and influenced by sources such as
the Simon Commission Report, three roundtable conferences, and other sources that
the government had previously rejected. In relation to the act passed in 1919, the Act
proposed a variety of changes.
ity

●● The act ended the dyarchy system by granting more independence to British India
in the form of Regional Autonomy for better governance and creating dyarchy at
the middle,
●● The federal subjects were split between the federal government and the provinces
m

after the 1919 division was updated,


●● This act is important because it creates a Dominion Status Relationship,
)A

strengthening the need for independence in the minds of the people,


●● The act’s key provision was to make the Governor General the pivot of the
constitution to resolve any disputes between the people,
●● One of the act’s most relevant provisions was the protection of minorities, such as
women, and the safeguarding of their rights.
(c

●● The Government of India Act, 1935, was a significant step toward India’s
independence, and it aided in the reorganisation of states such as Sindh, which

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184 Constitutional History of India

was split from the province of Bombay, as were Bihar and Orissa, and Aden, which
Notes

e
was previously a part of the country and was then made a new crown colony.
●● The Government of India Act was a complete failure because it failed to deliver on

in
its promises.
●● The proposed definition of dyarchy was found to be erroneous, and the act was
opposed by the Indian National Congress and the Muslim League.

nl
●● It was not good for Indians because there was no provision for a central
government, and there were several loopholes in the act that hindered people’s
rights and morality. Even the Honourable Jawaharlal Nehru described the act as

O
“driving a car with all breaks but no engine” for Indians.

Federalism is a diverse or compound method of government that unites a general


government (the central or “federal” administration) with regional governments

ty
(provincial, state, cantonal, territorial or other sub-unit governments) into a solitary
political system.

si
5.2.1 Provincial Autonomy in British India
The Act’s most noteworthy aspect was its provision for regional autonomy. When
Dyarchy was abolished in provinces, the entire provincial government was delegated to
r
responsible ministers, who were overseen and replaced by provincial legislatures.
ve
The autonomy of the provinces has two definitions. First, provincial governments
were completely accountable to provincial legislatures, and provinces were free of
outside influence and intervention in a wide variety of matters. As a result, the Act of
1935 represented a major break from the Act of 1919 in the provinces.
ni

The act divided powers between the federal government and the provinces into
three lists: Federal List (for the federal government), Provincial List (for provinces), and
U

Concurrent List (for both) (for both, with 36 items). The Viceroy was granted residuary
authority.

The degree of autonomy implemented at the provincial level was subject to


substantial restrictions: provincial Governors retained significant reserve powers, and
ity

British authorities retained the ability to suspend responsible government.

5.2.2 Division of Federal Subjects between Centre and Provinces


The lower house, the Federal Assembly, had a five-year term. It was to be
m

composed of 375 members, with 250 British India representatives and no more than
125 members from princely states. Although nominated representatives were to fill the
seats reserved for princely states, the provinces were given different numbers of seats.
)A

Indirect election to the Federal Assembly was expected. The assembly’s term was five
years, but it could be dissolved sooner if appropriate.

This Act suggested that there ought to be a Federal Administration comprising of


His Majesty, and this administration would be represented by Governor-General and
(c

two chambers, specifically the Council of States and the House of Assembly (also
recognised as the Federal Assembly in this Act). The Federal Legislature’s upper
chamber will be called to meet at least once a year.

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Constitutional History of India 185

Only the Governor-General, who was granted these powers by the Government of
Notes

e
India Act, 1935, could call, adjourn, or dissolve the federal legislature’s chamber. The
language that would be considered for the proceedings of the Federal Legislature could
only be in English.

in
The actions of any judge of the Supreme Court or a High Court in the performance
of his duties was not to be addressed in the Federal Legislature. This Act granted the

nl
Governor-General additional legislative authority, but he couldn’t do anything without
His Majesty’s permission.

Federal Assembly:

O
The House of Assembly was given a new name as a result of this Act. In
this assembly, there were 250 members from British India and no more than 125
representatives from Princely States. Every Federal Assembly was to last for five years,

ty
and the assembly could only be dissolved after that time had passed.

Federal railway authority:

si
This Act put railway command in the possession of a new entity known as the
Federal Railway Authority. The members of this authority numbered seven, and they
were not subject to the jurisdiction of councilors or ministers. The Governor-General
r
issued direct reports from the authority. The primary aim of creating this authority was to
reassure British stakeholders that their investment in the railway was secure.
ve
5.2.3 Role of Governor General
Initially, the governor-jurisdiction general’s was limited to the Bengal Presidency of
ni

Fort William. The Governing Act, on the other hand, gave them new powers in foreign
affairs and security. The East India Company’s other presidencies (Madras, Bombay,
and Bencoolen) were not authorized to wage war on or make peace with an Indian
U

prince without first obtaining the governor-and general’s Council of Fort William’s
approval.

The India Act of 1784 extended the governor-powers general’s in matters of foreign
relations. The Act specified that the other governors of the East India Company could
ity

not declare war, make peace, or conclude a treaty with an Indian prince unless the
governor-general or the Company’s Court of Directors directly ordered them to do so.

Although the governor-general took charge of India’s foreign policy, he was not the
country’s formal leader. Only the Charter Act of 1833 gave him that rank, giving him
m

“superintendence, direction, and control of the entire civil and military Government” of
British India. The governor-general and the Council were also given legislative powers
under the Act.
)A

After 1858, the governor-general (now known as the viceroy) acted as India’s chief
administrator and delegate to the Sovereign. India was divided into several provinces,
each with its own governor, lieutenant governor, chief commissioner, or administrator
in charge. Governors were directly accountable to the British Government; lieutenant
(c

governors, chief commissioners, and administrators, on the other hand, were appointed
by the viceroy and were subordinate to him. The Nizam of Hyderabad, the Maharaja
of Mysore, the Maharaja (Scindia) of Gwalior, the Maharaja of Jammu and Kashmir,

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186 Constitutional History of India

and the Gaekwad (Gaekwar) Maharaja of Baroda were among the most influential
Notes

e
princely rulers. The remaining princely rulers were overseen by the Rajputana Agency
and Central India Agency, both of which were led by viceroy members, or by provincial
authorities.

in
The Chamber of Princes was established in 1920 by King-Emperor George V’s
Royal Proclamation to provide a platform for princely rulers to communicate their needs

nl
and aspirations to the government. The viceroy presided over the chamber, which met
only once a year, but it did name a Standing Committee, which met more regularly.

The viceroyalty was abolished after the nation achieved independence in August

O
1947. The governor-general was once again the representative of the British Sovereign.
The only Indian governor-general was C Rajagopalachari. The governor-position
general’s became almost entirely ceremonial after India gained independence, with
power being exercised on a daily basis by the Indian cabinet. The president of India

ty
continued to perform the same duties after the country became a republic in 1950.

5.2.4 Protection of Minorities including Women

si
During the 19th and 20th centuries, several laws were introduced to strengthen
the status of minorities and women in Indian society, thanks to the earnest efforts of
social reformers, humanists, and some British administrators. The following are some
r
traditional social stigmas for children and women in Indian society that were abolished
ve
by the British through legislation:

Abolition of Sati System:


On December 4, 1829, the then-Governor-General Lord William Bentinck
ni

published the Bengal Sati Rule, which prohibited the practise of Sati in all British
Indian jurisdictions. Sati was described in the regulation as revolting to human nature’s
feelings.
U

Child marriage:
It was yet another social blight in nineteenth-century India. Keshav Chandra Sen
and BM Malabari were among the Indian reformers who worked to remove this activity
ity

from Indian society. This was raised to 12 years in 1891 with the passage of the Age of
Consent Act. The Sharda Act, passed in 1930, increased the minimum age to 14 years.
In 1978, the age limit was increased to 18 years after independence.
m

Female infanticide
It was yet another inhumane trend in India during the nineteenth century. Family
pride, the fear of not having a suitable match for the girl kid, and the inability to bend
)A

before the prospective in-laws are some of the main reasons for this practise. In
Banaras, Kutch, Gujarat, Jaipur, and Jodhpur, some Rajput tribes practised the practise
of killing infant children.

As a result, in 1795, 1802 and 1804 and then in 1870, the British passed legislation
(c

banning this activity. However, legal steps alone will not be enough to fully eliminate
the practise. Via education and public opinion, this inhumane practise was eventually
phased out.

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Constitutional History of India 187

Child Marriage Restraint Act


Notes

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The Child Marriage Restriction Act of 1929, passed by the Imperial Legislative
Council of India on September 28, 1929, set the marriage age for girls at 14 years and

in
boys at 18 years, which was later changed to 18 for girls and 21 for boys. Harbilas
Sharda, the bill’s sponsor, is known as the Sharda Act. It took effect six months later,
on April 1, 1930, and extended to the entire British India. It was the product of India’s

nl
social reform movement. Despite strong opposition from British officials, the British
Indian Government, which included a majority of Indians, passed the legislation. The
British Indian government, on the other hand, did not enforce it, owing to a fear of losing
support from their loyal Hindu and Muslim communalist parties.

O
Legislation process:
Several bills dealing with the age of consent were introduced in Indian legislatures

ty
but were rejected. The Hindu Child Marriage Bill was introduced in the Central
Legislative Assembly by Rai Sahib Harbilas Sharda in 1927. The Government referred
the Bill to a select committee called the Age of Consent Committee, which was chaired
by Sir Moropant Visavanath Joshi, the Home Member of Central Provinces, under the

si
pressure of international opinion, social reformists in India, and Nationalist freedom
fighters. Arcot Ramasamy Mudaliar, Khan Bahadur Mathuk, Mian Imam Baksh Kadu,
Mrs. O. Brieri Beadon, Rameshwari Nehru, Satyendra Chandra Mitra, Thakur Dass
r
Bhargava, Maulvi Muhammad Yakub, Mian Sir Muhammad Shah Nawaz, and M. D.
ve
Sagane as Secretary were the other members of the committee.

The All India Women’s Conference, Women’s Indian Association, and National
Council of Women in India established and articulated the case for raising the marriage
and consent age before the Joshi Committee through their members. Even though they
ni

knew they would face resistance from Muslim Ulemas, Muslim women expressed their
views to the Joshi Committee in favor of raising the marriage age limit.
U

The Joshi Committee’s report was submitted on June 20, 1929, and was approved
by the Imperial Legislative Council on September 28, 1929, and became law on April 1,
1930, covering all of British India. It defined the marriageable ages of 14 and 18 for girls
and boys of all cultures, respectively.
ity

Significance:
The Child Marriage Restraint Act was India’s first social reform effort, spearheaded
by organised women. They were influential in the creation of argument and consciously
m

used the device of political petition, contributing to the field of politics in the process.

When the unified women’s association met with leaders to ask for their help in
the bill, pro-reform politicians like Motilal Nehru were caught off guard. The All-India
)A

Women’s Association lobbied lawmakers to support the bill by standing outside their
delegations with placards and screaming slogans like “if you oppose Sharda’s bill, the
world will laugh at you”. It was also this party that advocated for Gandhi to speak out
against child marriage in his speeches, which he finally did. The women’s association,
which introduced the bill as a way for India to show its commitment to modernity, is
(c

responsible for the bill’s success. The women’s organization brought liberal feminism
to the fore by announcing that they would begin to make their own rules, free of male
interference.

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188 Constitutional History of India

Despite the fact that this is a win for India’s women’s movement, the act itself was
Notes

e
a total failure. There were 473 prosecutions in the two years and five months that the
bill was in force, with only 167 of them succeeding. There were 207 acquittals on the
list in August 1932, with 98 cases still pending. Just about 17 of the 167 successful

in
convictions served all or part of their sentence. Punjab and the United Provinces
accounted for the bulk of the events.

nl
In the summer of 1933, a 1931 survey was made available to the public in order to
provide an update on the bill’s progress: the number of wives under the age of fifteen
had risen from 8.5 million to 12 million, while the number of husbands under the age of
fifteen had increased from 3 to more than 5 million. The number of wives with children

O
under the age of five had more than quadrupled (originally the numbers were about
218,500, which then shot up to 802,200). The number of widowed children had fallen
from approximately 400,000 to approximately 320,000.While the statistics are shocking,

ty
it’s estimated that only around three million girls and two million boys were forced
into child marriages in the six months between when the bill was passed and when it
became an active bill; the majority of these marriages were between Muslim children.
The bill’s census report, on the other hand, indicates that the law had an effect on the

si
masses, even if the numbers are slim.

During the colonial era of British rule in India, however, the Act remained a

r
dead text. According to Jawaharlal Nehru, this was largely due to the colonial British
government’s failure to raise awareness of it, especially in smaller towns and villages
ve
throughout India. Nehru explains in his autobiography that this was largely due to
the British not wanting to arouse the wrath of the communal elements among Hindus
and Muslims. These communal groups were the only parties in India that continued
to support British rule in the 1930s.Since the British government did not want to risk
ni

their support, they avoided introducing this and other social changes altogether, instead
concentrating their energies on combating the Indian independence movement. As
a result of their notorious “Dual Policy,” which prevented India from experiencing
U

substantial social change.

Status of Women during British Period


At the start of British rule in India, women’s status was at its lowest point in the
ity

society. The wife’s place in the family was in shambles. Literacy was so bad that only
one woman out of every hundred could read or write. The most serious degradation
was caused by evil social practices, dogmatic religious values, cruel superstitions, and
sinister traditions. Child marriage, compulsory widowhood, sati, Devadasi, purdah,
m

dowry, female infanticide, and polygamy all led to the stagnation of Indian society.

However, in the nineteenth century, after centuries of social decay, endless


depression, hideous misery, and social deterioration, social reformers made a zealous
)A

attempt to dispel the social evil and awaken people to the injustice meted out to
Indian women. Women’s education, the prevention of child marriage, the abolition of
polygamy, and the remarriage of widows were all priorities for Raja Ram Mohan Ray,
Iswar Chandra Vidyasagar, and other social reformers. The practise of ‘Sati’ has caused
public uproar.
(c

The National Movement emerged in the early twentieth century under the
leadership of Mahatma Gandhi, who called for the abolition of all women’s disabilities.

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Constitutional History of India 189

Gandhiji provided a rallying cry to India’s people, who comprised nearly half of the
Notes

e
population, to support the cause of independence in large numbers.

Women replied to Gandhiji’s call, and their widespread participation gave them a

in
sense of equality with men. Women gradually started to speak out against the decades
of suffering at the hands of orthodox society.

Women’s movements emerged in response to traditional traditions, and women

nl
sought education and legal change. As a result of the reformers’, national leaders’, and
women’s organizations’ efforts, the British government passed a number of social laws
during this time period. In 1939, the Child Marriage Restriction Act was passed. This

O
Act made it unlawful to marry girls under the age of fourteen and boys under the age of
eighteen. The government, on the other hand, failed to adequately implement it.

Lord William Bentick was the one who took action against ‘Sati.’ Raja Ram Mohan

ty
Ray and Dwarakanath Tagore backed him up. In December of 1829, ‘Sati’ was declared
illegal. Following the revocation of ‘Sati,’ Britishers remembered the plight of Hindu
widows and passed the Hindu Widow Remarriage Act in 1856. In 1937, the Hindu
Woman’s Right to Property Act was passed.

si
Its goal was to boost widows’ financial condition.
This Act provided that after a husband’s death, his widow and son would inherit his
r
land. The property will also pass to the widow of the pre-deceased son and the son of
ve
the pre-deceased son. The widow’s legal status was strengthened by the passage of
this Act, and she became self-sufficient in terms of food and shelter.

Thus, during the British rule, the Indian woman’s status, which had taken a
turbulent path, was tried to be balanced with the aid of several social legislations.
ni

Women were freed from social evils and religious taboos thanks to the National
Revolution and numerous women’s movements. People became aware of social
disabilities, and efforts were made to eradicate inequality of all sorts.
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5.2.5 Introduction of Dyarchy at Central Level


Dyarchy, also written diarchy, is a form of double government for British India’s
ity

provinces that was adopted by the Government of India Act (1919). It was the first
time the democratic concept was incorporated into the British administration of India’s
executive branch.Despite widespread criticism, it marked a landmark moment in British
Indian government and acted as a forerunner to India’s full regional autonomy (1935)
m

and independence (1948). (1947). Edwin Samuel Montagu (secretary of state for India,
1917–22) and Lord Chelmsford (viceroy of India, 1916–21) initiated dysarchy as a
constitutional amendment.
)A

The concept of dyarchy was the division of each provincial government’s executive
branch into authoritarian and popularly accountable parts. The first was made up of
executive councillors, who were again appointed by the crown. The second was made
up of ministers selected by the governor from among the provincial legislature’s elected
members. The ministers who came after were Indians.
(c

The various administrative areas, or subjects, were divided between the councillors
and ministers, and were referred to as reserved and transferred subjects, respectively.

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190 Constitutional History of India

Justice, the police, land revenue, and irrigation were among the reserved subjects
Notes

e
under the heading of law and order. Local self-government, education, public health,
public works, agriculture, forestry, and fisheries were among the transferred subjects
(i.e., those under the jurisdiction of Indian ministers). With the advent of regional

in
autonomy in 1935, the structure came to an end.

Dyarchy is a word that refers to a dual or double form of government that was

nl
first introduced in 1919 by the Government of India Act for the administration of British
policies in India.

The act effectively specified that the executive authority is controlled by the

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Governor-General on behalf of the crown, who is consulted on matters relevant to it by
three councils of ministers.

The Dyarchy was divided into two sections, the Reserved and the Transferred,

ty
based on the subject matter they were concerned with.

The provisions were divided into two categories: ministerial advice and councillors’
advice. The principle of dyarchy was imposed in order to strengthen administration, and the

si
governor general was chosen to oversee and organise the two branches of government.

By making it a federal system of government, the act introduced a new dimension.


Under the Secretary of State for India, the viceroy is also granted some overriding and
r
certifying powers. The main aim of introducing dyarchy was to offer central stability and
ve
productivity. So that the deficiencies in the 1919 Act of Congress could be resolved.

5.2.6 Establishment of Federal Form of Government


A federal form of government is one in which the national (federal) government
ni

and the state and local governments share power. The federal system, also known as
federalism, was founded by the United States Constitution. Each level of government
has autonomy in some areas and shares power in others under federalism. For
U

example, the federal and state governments each have taxing authority. Only the
federal government has the power to wage war.

The basic structure of American government is established by federalism and the


ity

federal system. At the Constitutional Convention, there were several disputes. Many
delegates feared an excessively dominant central government, and many delegates
feared that states’ rights would simply reinforce the Articles’ poor form of government.
As a compromise, the Constitution established a federal government (federalism).
Power is shared and distributed between the national and state governments under
m

federalism. Both levels have their own departments and officials, and both have a
significant effect on the general public. Federalism was the only option open to the
Founding Fathers. People did not want to surrender all of their power to a national
)A

government, so the Articles formed a weak union that would not function. Federalism
was a consensus approach to sharing power between the states and the federal
government.

Under the US constitution, the federal government has four mandates that it cannot
(c

be stripped of.

1- Defense

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Constitutional History of India 191

2- Foreign Policy
Notes

e
3- Management of dollar
4- Inter-state commerce

in
The House of Representatives, which has 435 members, and the US Senate,
which has 100 seats, make up the bicameral presidential system in the United States.
In the lower house, President Barack Obama’s Democratic Party currently holds 255

nl
seats, while the Republicans hold 178. Two additional seats are currently available.
The states are granted representation in the House of Representatives based on their
population. California, the most populous state in the United States, currently has 53

O
seats. Both states are represented equally in the Senate.

The Government of India Act of 1935


This Act was passed in reaction to the National Congress of India’s opposition and

ty
criticism of the 1919 Act for doing very little in terms of granting autonomy. The following
were some of the main provisions:

●● Elimination of the dual system of government or diarchy and the granting of a

si
greater degree of autonomy for the provinces
●● The creation of a Federation of India (which never came into force though)
●● r
The implementation of direct suffrage and the expansion of the franchise from 5
ve
million to 37 million voters
●● The structure of provincial assemblies was modified to allow more elected Indian
members to form majorities and be named to form governments
●● The creation of a Federal Court
ni

The Constituent Assembly of 1948 and the Constitution of 1950


The British agreed to explore the likelihood of India achieving independence in
U

1946. As a result, a British cabinet mission was dispatched to India to (1) hold talks
with representatives from British India and Indian states in order to agree on a structure
for writing a constitution, and (2) create a constituent body and executive council.
ity

Following this mission and the subsequent negotiations, the provincial legislatures
indirectly elected a Constituent Assembly of 278 members, 15 of whom were women.
The Congress Party, which had a majority in the CA, was joined by the Muslim League,
the Scheduled Caste Federation, the Indian Communist Party, and the Union Party.
The CA first met in December 1946, and the draught constitution was approved in
m

November 1949. In January 1950, the constitution took effect, and the CA was called
the Provisional Parliament.

The still-in-force Constitution has been revised over 90 times, making it one of the
)A

world’s most frequently amended constitutions. It’s also known for being one of the
world’s longest and most comprehensive, with 395 papers and ten schedules. Its main
features are heavily modelled on western legal and constitutional practise:

●● The formation of a federal system with remaining powers in a central government


(c

●● A record of fundamental rights


●● A Westminster style parliamentary organization of government

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192 Constitutional History of India

5.2.7 Voting Rights to Indian Public with Minimal Extent


Notes

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Elections in the modern form, in which electors registered on the electoral rolls
of well-demarcated territorial constituencies express their preference for those they

in
want to represent them in decision-making institutions such as the Parliament, started
in India in the early twentieth century Even in the nineteenth century, when the British
Parliament took over the governance of Indian territories under its occupation from

nl
the East India Company under the Government of India Act 1858, after the first war of
independence in India for independence from the British in 1857, the Indian Councils
Act of 1861 and 1892 provided for the creation of bodies to legislate on local laws.
However, the legislative bodies formed as a result of the Acts were limited, consisting

O
solely of nominated representatives, with no local representation under the former Act
and only a small amount of local representation under the latter. The Indian Councils
Act 1901 was the first law in British India to have an elective feature for natives in

ty
legislative bodies. The Morley–Minto Reforms were drawn up by Lord Minto, the then
Governor-General of India, and Lord Morley, the then Secretary of State for India in the
British Cabinet, in 1906, and were approved by the British Parliament. The Act called for
the creation of legislative councils at the federal level, which would be supervised by the

si
governors. The Act created the first Central Legislative Council, which consisted of 68
members, 27 of whom were elected. They were elected by special constituencies, such
as municipalities, district and local boards, colleges, chambers of commerce and trade
r
unions, and classes of citizens such as landowners and tea-planters, rather than by the
ve
general public in India. Furthermore, rather than helping the Indian people, this Act was
responsible for sowing the seeds of communal discord and hostility between Hindus
and Muslims, which eventually led to India’s partition into two separate countries, India
and Pakistan, in 1947. The said Act stipulated that some seats in legislative councils
ni

would be reserved exclusively for Muslims, with representatives elected by separate


electorates composed solely of Muslim voters.

The legislative bodies constituted under the Indian Councils Act 1909 lasted until
U

1915, when the Government of India Act 1915 replaced it. The Government of India
Act 1919 (the 1919 Act) was revised to include the Montagu–Chelmsford Amendments,
which were proposed by Mr Edwin Montagu, the then Secretary of State for India,
and Lord Chelmsford, the then Governor-General. The 1919 Act was thought to be
ity

an improvement over the previous structure developed under the 1909 Act. It did,
however, maintain the old tradition of reserving seats for Muslims and having separate
electorates for them. Furthermore, for the first time, this Act contained additional
reservation for Sikhs. The Act established a bicameral legislative body at the Centre,
with the Council of State serving as the upper House and the Central Legislative
m

Assembly serving as the lower. For the first time in history, elected representatives
make up the majority in both Chambers. The Central Legislative Assembly was to have
145 members, 105 of whom were to be elected and the remainder to be nominated,
)A

according to the law. The Assembly’s term was scheduled to be three years. The
Council of State was to be made up of 60 members, 34 of whom would be elected
and the remainder would be named by the Governor-General. The Council’s term was
scheduled to be five years. Despite the fact that the Act provided for direct elections
to both Houses from constituencies, only a small number of citizens were given the
(c

right to vote based on certain high qualifications, such as property ownership, payment
of income tax, payment of municipal tax, or possession of land, among others, of the

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Constitutional History of India 193

Legislative Assembly/Council of State Electoral Rules under ss 23 and 64 of the 1919


Notes

e
Act). The Council’s franchise was much more limited. Property standards had been set
so high that only rich landowners and merchants were able to represent them. Previous
experience in a Federal or Regional legislature, service as the chair of a local council,

in
membership of a university senate, and similar tests of personal status and experience
in public affairs were necessary requirements for a vote for other interests for whom
seats were reserved.

nl
The 1919 Act also fell well short of the Indian people’s demands and aspirations. In
its Annual Session of 1919, the Indian National Congress, which pioneered the freedom
movement, described it as “inadequate,” “unsatisfactory,” and “disappointing”. An all-

O
party conference was held in Bombay in May 1928, and a committee was formed under
the chairmanship of Shri Motilal Nehru to decide the principles for an independent
India’s constitution. The committee recommended, among other things, that India’s

ty
political status be the same as that of other British dominions such as Australia,
Canada, and South Africa, with a bicameral Parliament, compulsory adult franchise,
shared electorates, and population-based reservations of seats for minorities. The
British government arranged a series of Round Table Conferences with Indian leaders

si
in response to the Indian people’s discontent with the constitutional setup under the
1919 Act. In March 1933, it issued a White Paper proposing a new constitutional order
for India, with dyarchy at the center and responsible government in the provinces. The
r
Indian people, on the other hand, rejected the White Paper. Despite this rejection, the
ve
British Parliament passed the Government of India Act 1935 on August 2, 1935. (the
1935 Act). This Act called for the British colonies and Indian princely states to establish
a federal government. It proposed that a bicameral federal legislature be created. It was
to be split into two chambers: an upper chamber known as the Council of Parliament,
ni

and a lower chamber known as the House of Assembly or Federal Assembly. The total
number of members of the Council of State was reduced to 260, with no more than
104 representing the rulers of Indian princely states. The British colonies were to be
represented by the remaining 156 members. Six members were to be nominated by the
U

Governor-General, 75 by Hindus and others in general constituencies, 49 by Muslims,


four by Sikhs, seven by Europeans, two by Indian Christians, one by Anglo-Indians, six
by women, and six by Scheduled Cases were to be chosen. They were to be elected
directly from constituencies, but with a very small vote. They were to serve for nine
ity

years on the Council, with one-third of them retiring every three years. As a result, the
Council was to be a permanent chamber. The Federal Assembly was to have a limit
of 375 seats, with no more than 125 seats reserved for representatives of the Indian
princely states’ rulers. The British colonies were to represent the remaining 250 seats.
m

Members of the regional legislative assemblies were to be chosen to fill these seats. As
a result, the Federal Assembly elections were to be indirect. The communal electorates
were also promoted. For example, 82 seats were allocated to Muslims, eight to
)A

Indian Christians, eight to Europeans, six to Sikhs, and 105 seats were allocated
to the general public. The Federal Assembly was expected to have a five-year term.
Enrollment as electors for the above elections was also restricted, based on taxes, land,
education, government service, and other factors that differed from state to state (Sixth
Schedule to the 1935 Act).
(c

However, the federal scheme envisioned in the 1935 Act was never enacted and
remained a mere paper provision. In fact, the Act foresaw such a scenario and provided

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194 Constitutional History of India

provisional provisions for a transitional Indian legislature until the proposed federation
Notes

e
was formed. The constitutional framework defined by the 1919 Act, as mentioned
above, was retained under that transitional arrangement. In addition, the 1935 Act
created a legislature in each British province. The legislatures of Assam, Bengal, Bihar,

in
the United Provinces, Bombay, and Madras were to be bicameral, with two chambers,
the legislative assemblies and legislative councils, while the legislatures of the other
provinces would have a single chamber, the legislative assembly. According to the

nl
Fifth Schedule, the frequency of these assemblies and councils varied from province
to province. The legislative councils were to be permanent chambers, with one-third of
their members retiring every third year, while the legislative assemblies were to have a

O
five-year term unless the provincial governor dissolved them sooner.

5.2.8 Inception of Federal Court

ty
The Federal Court was created by the Government of India Act, 1935, to interpret
the Act and adjudicate disputes relating to federal matters. It stipulated that the Federal
Courts should have one Chief Justice and a maximum of six judges.

si
To settle conflicts between the Centre and constituent Units, the Federal Court was
granted exclusive original jurisdiction. Appeals from High Courts to the Federal Court
and from the Federal Court to the Privy Council is made possible. The Federal Court
r
may also grant Special Leave to Appeal, and a certificate from the High Court was
required for such appeals.
ve
5.2.9 Government of Burma Act 1935
The Government of Burma Act of 1935 is a law that governs the country. The
ni

Act was a second step in India’s transition to a truly accountable government. There
are 159 parts and six schedules in the Government of Burma Act of 1935. Pension
arrangements for home civil servants assigned to positions in Burma. The Government
U

of Burma Act of 1935 was split into two parts: Provincial Autonomy replaced Provincial
Diarchy (following the Simon Commission’s suggestion that Dyarchy be abolished), i.e.
the Federal Court was granted exclusive original jurisdiction to settle conflicts between
the Centre and constituent Units.
ity

This Act adopted the Simon Commission’s recommendation to separate Burma


from India, which was accepted by the Indian government. The Burma Act was passed
in 1935, and the country was divided from India two years later, in 1937. The Burma
Act proposed the formation of a new Burma office with the authority to declare Burma a
m

separate colony.

The Secretary of State of India and Burma was in charge of the Burma and India
department since he was assigned to look into the affairs of both countries and also led
)A

the departments of both colonies. Lord Dundas was the first person to hold the rank of
Secretary of State for both India and Burma.
(c

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Constitutional History of India 195

Check your Understanding


Notes

e
Multiple Choice Questions:

1. ______ is also known as the House of Assembly.

in
(a) Federal Assembly
(b) Legislative Assembly

nl
(c) Panchayat Assembly
(d) Parliament Assembly

O
2. The powers of the governor-general, in respect of foreign affairs, were increased by
the India Act
(a) 1717

ty
(b) 1720
(c) 1756
(d) 1784

si
Fill in the Blanks:
3. In the year ______, the British decided to examine the possibility of granting
independence to India. r
ve
State True or False:
4. In the provincial sphere, the Government of India Act of 1935 made a fundamental
departure from the act of 1919.
ni

Give one word:


5. A government by two independent authorities (especially in India 1919–35).
U

Summary
The establishment of an All India Union, provisional autonomy, and the abolition
of the dyarchy were all part of the Government of India Act 1935, which gave new
ity

dimensions to the country’s affairs. It was also British India’s last constitution until the
country was split into two parts, India and Pakistan, in 1947. The act was enacted
and influenced by sources such as the Simon Commission Report, three roundtable
conferences, and other sources that the government had previously rejected.
m

The Act’s most noteworthy aspect was its provision for regional autonomy. When
Dyarchy was abolished in provinces, the entire provincial government was delegated to
responsible ministers, who were overseen and replaced by provincial legislatures.
)A

The lower house, the Federal Assembly, had a five-year term. It was to be
composed of 375 members, with 250 British India representatives and no more than
125 members from princely states. Although nominated representatives were to fill the
seats reserved for princely states, the provinces were given different numbers of seats.
(c

Indirect election to the Federal Assembly was expected. The assembly’s term was five
years, but it could be dissolved sooner if appropriate.

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196 Constitutional History of India

This Act put railway command in the possession of a new entity known as the
Notes

e
Federal Railway Authority.

Initially, the governor-jurisdiction general’s was limited to the Bengal Presidency of

in
Fort William. The Governing Act, on the other hand, gave them new powers in foreign
affairs and security. The East India Company’s other presidencies (Madras, Bombay,
and Bencoolen) were not authorized to wage war on or make peace with an Indian

nl
prince without first obtaining the governor-and general’s Council of Fort William’s
approval.

On December 4, 1829, the then-Governor-General Lord William Bentinck

O
published the Bengal Sati Rule, which prohibited the practise of Sati in all British Indian
jurisdictions.

Keshav Chandra Sen and BM Malabari were among the Indian reformers who

ty
worked to remove this activity from Indian society. This was raised to 12 years in 1891
with the passage of the Age of Consent Act. The Sharda Act, passed in 1930, increased
the minimum age to 14 years. In 1978, the age limit was increased to 18 years after
independence.

si
The Child Marriage Restriction Act of 1929, passed by the Imperial Legislative
Council of India on September 28, 1929, set the marriage age for girls at 14 years and

r
boys at 18 years, which was later changed to 18 for girls and 21 for boys. Harbilas
Sharda, the bill’s sponsor, is known as the Sharda Act. On April 1, 1930, it went into
ve
effect six months later, including all of British India.

Women’s movements emerged in response to traditional traditions, and women


sought education and legal change. As a result of the reformers’, national leaders’, and
ni

women’s organizations’ efforts, the British government passed a number of social laws
during this time period. In 1939, the Child Marriage Restriction Act was passed. This
Act made it unlawful to marry girls under the age of fourteen and boys under the age of
eighteen. The government, on the other hand, failed to adequately implement it.
U

Dyarchy, also written diarchy, is a form of double government for British India’s
provinces that was adopted by the Government of India Act (1919). It was the first
time the democratic concept was incorporated into the British administration of India’s
ity

executive branch.

A federal form of government is one in which the national (federal) government


and the state and local governments share power. The federal system, also known as
federalism, was founded by the United States Constitution. Each level of government
m

has autonomy in some areas and shares power in others under federalism.

The Federal Court was created by the Government of India Act, 1935, to interpret
the Act and adjudicate disputes relating to federal matters. It stipulated that the Federal
)A

Courts should have one Chief Justice and a maximum of six judges.

The Government of Burma Act of 1935 is a law that governs the country. The Act
was a second step in India’s transition to a truly accountable government.
(c

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Constitutional History of India 197

Activity
Notes

e
Read books related to Government of India Act 1935. Try to collect more
information on its importance. Discuss amongst your colleagues, and write a summary

in
on the topic.

Questions and Exercises

nl
1. Explain Provincial Autonomy in British India.
2. Explain Division of Federal Subjects between Centre and Provinces.
3. Write short note on Role of Governor-General.

O
4. Write short note on Protection of Minorities including Women.
5. Explain Child Marriage Restraint Act.

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Glossary
Autonomy is the capacity to make an informed, uncoerced decision.

si
Further Reading and Bibliography
api.parliament.uk
www.timemaps.com r
ve
Check your Understanding – Answers
1. (a)
2. (d)
ni

3. 1946
4. True
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5. Dyarchy
ity
m
)A
(c

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198 Constitutional History of India

Chapter - 5.3: Limitations


Notes

e
Objective

in
●● Complication in the Accommodation of Princely States
●● Lack of flexibility at the Constitutional level for Indians

nl
●● Lacunae in the Implementation of Concept of Federalism

Introduction

O
The Government of India Act, 1935 had left a legacy, and the Constitution of India
was the continuation of that legacy. The drafters of the Indian Constitution took into
account certain elements of the Government of India Act that were advantageous to a
free India. The Government of India Act, 1935, established the federal legislature and

ty
provincial autonomy. The 1935 Act divided powers between the federal government and
the provinces, which strengthened administration on the ground.

Provincial control was another function that had been taken away. This autonomy

si
was more efficient in governing states or regions without intervention from outside
authorities. Furthermore, the states or provinces had a greater understanding of their
people’s situation than any other foreign authority.
r
Independent India considered the Federal Court, which was formed in 1937
ve
through the Government of India Act, 1935, to be the Supreme Court. The Indian
Constitution also adopted the function of having a Governor elected by the Central
Government for each province. The Government of India Act, 1935, was also used
to establish the Public Service Commission, which we see in Article 315 of the Indian
ni

Constitution.

Princely state was a subordinate state governed by a local or indigenous or regional


U

ruler in a supplementary alliance with the British Raj. Though

5.3.1 Complication in the Accommodation of Princely States

A vassal state under a tribal, indigenous, or regional ruler in a subsidiary alliance


ity

with the British Raj was known as a princely state, also known as a native state,
feudatory state, or Indian state (for those states on the subcontinent). Though the
history of the subcontinent’s princely states dates back to at least the classical era of
Indian history, the term princely state is most widely used to refer to a semi-sovereign
m

principality on the Indian subcontinent during the British Raj that was not directly ruled
by the British, but rather by a local ruler who was subject to a form of indirect rule on
some issues. When it was deemed appropriate, the government of British India could
intervene in the internal affairs of princely states individually or collectively, and issue
)A

edicts that applied to all of India, thanks to the vague doctrine of paramountcy.

The proposed all-India union comprised 11 British India provinces, 6 Chief


Commissioners Provinces, and any princely states that could join. The admission of
princely states to the Union was voluntary. The federation could not be established until
(c

the following conditions were met:

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Constitutional History of India 199

●● A number of states, whose rulers had the right to select at least half of the 104
Notes

e
seats on the state council.
●● The union had attracted a population that accounted for at least one-half of the

in
total population of all Indian states.
The length of a state’s membership in the Federation was to be stated in the
Instrument of Accession.

nl
The British provinces and chief commissioners provinces were expected to join the
union.

O
During the British Raj, a princely state was a semi-autonomous principality that was
administered by a local monarch rather than the British. The rank, scale, and prosperity
of the princely states varied greatly. Their courts functioned under the jurisdiction
of their kings. The British had full power over the princely states’ foreign relations.

ty
However, since the states were not British possessions, they maintained power of their
own internal affairs, although with a degree of British interference that was significant in
many of them.

si
British Raj: “Despotism Controlled from Home”
The Indian Revolt of 1857, a large-scale rebellion against the Company’s rule by
r
EIC soldiers in northern and central India, was violently suppressed. The Company was
taken over by the British government, and all control was transferred from the EIC to
ve
the British Crown, which began administering India as a series of provinces. The Crown
had direct control over the Company’s lands and substantial indirect control over the
rest of India, which was made up of princely states governed by local royal families.
Between 1858 and 1947, the British Crown controlled the Indian subcontinent, which
ni

became known as the British Raj.

Except for limited holdings by other European nations such as Goa and
Pondicherry, the British Raj covered almost all of modern-day India, Pakistan, and
U

Bangladesh. The Himalayan mountains, fertile floodplains, the Indo-Gangetic Plain, a


long coastline, tropical dry forests, arid uplands, and the Thar desert are all part of this
vast region.
ity

The Government of India Act of 1858 modified India’s governance at three


levels: imperial government in London, central government in Calcutta, and provincial
governments in the presidencies (and later in the provinces It created a cabinet-level
Secretary of State for India and a 15-member Council of India in London, with members
m

needed to have spent at least ten years in India over the previous ten years. The Act
envisioned a system of “double government,” in which the Council would function as
a check on imperial policy excesses as well as a source of up-to-date information on
India. The Secretary of State, on the other hand, had special emergency powers that
)A

allowed him to make unilateral decisions, and the Council’s experience was often out of
date.

The Governor-General was still in charge of the Government of India in Calcutta,


but he was now recognized as the Viceroy because of his secondary position as the
(c

Crown’s representative to the nominally sovereign princely states. Both the Governor-
General in Calcutta and the Governor in a subordinate presidency (Madras or Bombay)

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200 Constitutional History of India

were expected to consult their advisory councils. Viceroy Lord Canning, however,
Notes

e
considered the Council’s collective decision-making to be too time-consuming for the
urgent tasks ahead, so he demanded an Executive Council with a “portfolio structure,”
in which the business of each government agency (the portfolio) was delegated to and

in
became the responsibility of a single council member. Routine departmental decisions
were taken solely by the member, but major decisions required the Governor-approval
General’s and, in the absence of such consent, the entire Executive Council’s debate.

nl
The Indian Councils Act of 1861 codified this breakthrough in Indian governance.

If the Government of India needed to pass new laws, the Councils Act created a
Legislative Council—an extension of the Executive Council by up to twelve additional

O
members, each elected for a two-year term—with half of the members being British
government officials (termed official) who could vote and the other half being Indians
and Britons domiciled in India (termed non-official) and working only in an advisory

ty
capacity. In India, all laws passed by Legislative Councils required the Secretary of
State’s final approval in London. Sir Charles Wood, the second Secretary of State,
described the Indian government as “a despotism controlled from home” as a result
of this. Furthermore, while the addition of Indians to the Legislative Council was in

si
response to calls for more consultation with Indians, those who were named were
mainly from the landed aristocracy, who were often chosen for their British allegiance.

Princely States r
ve
During the British Raj, a princely state, also known as a native state, was a semi-
sovereign principality that was not directly ruled by the British but rather by a local ruler,
subject to a form of indirect rule on some issues. The rank, scale, and prosperity of the
princely states varied greatly.
ni

The central government of British India, under the Viceroy, exercised the British
Crown’s suzerainty over 175 princely states, which were generally the largest and
most powerful. The remaining 500 states were influenced by agents reporting to British
U

India’s provincial governments, who were headed by a Governor, Lieutenant-Governor,


or Chief Commissioner. The authority of the courts of law made a strong distinction
between “dominion” and “suzerainty”: the law of British India was based on legislation
passed by the British Parliament and the legislative powers those laws vested in the
ity

various governments of British India, both central and local. The princely states’ courts,
on the other hand, were under the jurisdiction of the rulers of those states. By treaty,
the British had full control over the princely states’ foreign relations. However, since the
states were not British possessions, they maintained power of their own internal affairs,
m

although with a degree of British interference that was significant in many of them.

Viceroy Lord Canning meets Maharaja Ranbir Singh of Jammu & Kashmir, March
9, 1860 by William Simpson, 1867.
)A

The central government of British India, under the Viceroy, exercised suzerainty
over 175 princely states, including some of the largest and most powerful, in the
name of the British Crown. The remaining 500 states were governed by British India’s
provincial governments, which were headed by a Governor, Lieutenant-Governor, or
(c

Chief Commissioner (as the case might have been).

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Constitutional History of India 201

Hyderabad, Mysore, Jammu and Kashmir, and Baroda – were immediately below
Notes

e
the jurisdiction of the Governor-General of India in the person of a British Resident by
the turn of the twentieth century. Two different departments, one for Rajputana and the
other for Central India, were in possession of 20 and 148 princely states, respectively.

in
The other princely states were assigned their own British political officers, or agents,
who worked for to India’s regional administrators.

nl
There were two forms of territories in India under the British Raj (the “Indian
Empire”): British India and Princely states or Native regions. The British Parliament
agreed to the subsequent meanings in its Interpretation Act of 1889:

O
All territories and places within Her Majesty’s dominions that are currently ruled
by Her Majesty through the Governor-General of India or any governor or other officer
subordinate to the Governor-General of India are referred to as “British India”.

ty
The term “India” applies to British India, as well as any native prince or chief’s
territories that are subject to Her Majesty’s suzerainty as exercised by the Governor-
General of India, or any governor or other officer subordinate to the Governor-General
of India.

si
The word “British India” was (and still is) used to refer to the regions of India that
were under the control of the East India Company from 1774 to 1858.

r
The central government of British India under the Viceroy exercised the British
ve
Crown’s suzerainty over 175 princely states, usually the biggest and most significant;
the remaining approximately 400 states were swayed by Agents liable to the regional
administrations of British India below a Governor, Lieutenant-Governor, or Chief
Commissioner. The authority of the judicial courts made a strong distinction between
ni

“dominion” and “suzerainty”: the rule of British India was based on legislation ratified
by the British Parliament and the administrational authories bestowed in the various
governments of British India, both central and local; by comparison, the princely states’
courts were ruled by the rulers of those states..
U

Integration of Princely States


The British Indian Colonies and the Princely States were the two divisions of British
ity

India. The British government had direct control over the British Indian Provinces. On
the other hand, the Princely States, a collective of large and small states governed by
princes, had some influence over their internal affairs as long as they acknowledged
British dominance. The British crown’s dominance or suzerainty was regarded as
paramountcy. One-third of the British Indian Empire’s land area was occupied by
m

princely states, and one out of every four Indians lived under princely rule. The topic
at hand The British declared shortly before Independence that when their rule over
India ended, the British crown’s dominance over Princely States would end as well.
)A

Both of these states were free to join either India or Pakistan, or to remain independent,
according to the British government. This decision was taken by the princely rulers of
these states, not the citizens. This was a big concern that could jeopardize the life of a
united India.
(c

The problems began almost immediately. First and foremost, the ruler of
Travancore proclaimed the state’s independence. The next day, the Nizam of

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202 Constitutional History of India

Hyderabad made a similar announcement. The Nawab of Bhopal, for example, was
Notes

e
adamant about not entering the Constituent Assembly. The rulers of the Princely States’
reaction meant that after Independence, India faced the very real possibility of being
further divided into a number of small countries. The outlook for democracy in these

in
countries seemed to be grim as well. This was an unusual case, considering that Indian
independence was meant to foster peace, self-determination, and democracy. Most of
these princely states’ governments were non-democratic, and their rulers were unable

nl
to grant their citizens democratic rights.

The government’s policy the interim government was adamant in its opposition
to India being divided into small principalities of various sizes. The Muslim League

O
opposed the Indian National Congress, arguing that states should be able to follow
their own agendas. Sardar Patel served as India’s Deputy Prime Minister and Home
Minister during the crucial post-independence period. He played a crucial role in

ty
negotiating strongly but diplomatically with the rulers of princely states and getting the
bulk of them into the Indian Union. It can seem simple at this stage. However, it was
a daunting job that necessitated deft persuasion. In today’s Orissa, for example, there
were 26 small states. Gujarat’s Saurashtra region had 14 large states, 119 small states,

si
and various other administrations. Three factors influenced the government’s strategy.
To begin with, the people of most of the princely states expressed a deep desire to join
the Indian union. Second, the government was able to be flexible in granting certain
r
regions autonomy. The aim was to accommodate diversity and take a flexible approach
ve
to coping with regional demands. Third, against the backdrop of Partition, which brought
the contest over territorial demarcation to the fore, the unification and consolidation of
the nation’s territorial boundaries had assumed paramount importance. Prior to August
15, 1947, peaceful talks had brought almost all of the states whose territories were
ni

adjacent to India’s new borders into the Indian Union. The rulers of the majority of the
states signed an ‘Instrument of Accession,’ meaning that their state agreed to join the
Union of India. The princely states of Junagadh, Hyderabad, Kashmir, and Manipur
found it more difficult to enter than the others. Junagarh’s issue was settled after a
U

plebiscite confirmed the people’s desire to join India.

Hyderabad
ity

The largest of the Princely States, Hyderabad, was totally surrounded by Indian
territory. Parts of the former Hyderabad state are now part of Maharashtra, Karnataka,
and Andhra Pradesh, respectively. Its ruler was known as ‘Nizam,’ and he was one
of the world’s wealthiest citizens. Hyderabad was to be given freedom by the Nizam.
In November 1947, he entered into the so-called Standstill Agreement with India
m

for a year when talks with the Indian government were underway. Meanwhile, a
famous movement in Hyderabad State against the Nizam’s rule grew in strength. The
Telangana peasantry, in particular, was oppressed by Nizam’s oppressive rule and rose
)A

up against him. Women who had witnessed the worst of the injustice flocked to the
revolution in droves. The city of Hyderabad acted as the epicenter of the campaign.
The Hyderabad Congress and the Communists were at the center of the revolution.
The Nizam retaliated by sending the Razakars, a paramilitary group, to assault the
citizens. The Razakars’ atrocities and communal existence knew no bounds. They
(c

killed, maimed, raped, and pillaged non-Muslims in particular. The army had to be sent
by the central government to deal with the crisis. The Indian army arrived in September

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Constitutional History of India 203

1948 to take charge of the Nizam’s forces. The Nizam surrendered after a few days of
Notes

e
sporadic fighting. As a result, Hyderabad became a part of India.

Manipur

in
The Maharaja of Manipur, Bodhachandra Singh, signed the Instrument of
Accession with the Indian government a few days before Independence on the
condition that Manipur’s internal autonomy be retained. The Maharaja held elections

nl
in Manipur in June 1948 under public pressure, and the state became a constitutional
monarchy. As a result, Manipur was the first state in India to hold a universal adult
franchise election. The topic of Manipur’s merger with India sparked heated debate in

O
the Manipur Legislative Assembly. Some political parties were resistant to the merger,
even though the state legislature wanted it. The Maharaja of Manipur was coerced into
signing a Merger Agreement by the Indian government in September 1949, without
consulting the Maharaja’s popularly elected Legislative Assembly. In Manipur, this

ty
sparked a lot of rage and frustration, and the consequences are still being felt.

Reorganization of States

si
With the division and unification of Princely States, the process of nation-building
did not come to an end. The job at hand was to draw the Indian states’ internal borders.
It wasn’t just a question of organizational structure. The borders had to be drawn in
r
such a way that the country’s linguistic and cultural diversity could be expressed
ve
without jeopardizing the country’s unity. During colonial rule, state borders were drawn
for administrative purposes or simply to coincide with territories annexed by the British
government or those governed by princely powers. Our national movement had
opposed these divisions as arbitrary and vowed that states would be established on
ni

the basis of linguistic values. In reality, the theory was recognized as the cornerstone
of the reorganization of the Indian National Congress party itself after the Nagpur
session of Congress in 1920. Many Provincial Congress Committees were established
by linguistic zones that did not conform to British India’s administrative divisions.
U

After Independence and Partition, things changed drastically. Our leaders feared that
separating states based on language would cause instability and disintegration. It
was also assumed that this would divert focus away from the country’s other social
ity

and economic problems. The central leadership made the decision to postpone the
situation. The need for a postponement was also felt due to the confusion surrounding
the fate of the Princely States In addition, the memory of Partition lingered.

Local officials and the general public questioned the national leadership’s
m

decision. Protests started in the Telugu-speaking areas of the old Madras province,
which included parts of modern-day Tamil Nadu, Andhra Pradesh, Kerala, and
Karnataka. The Vishalandhra movement insisted that the Telugu-speaking areas be
split from the Madras region, of which they were included in, and split into a individual
)A

Andhra province. Almost all political powers in Andhra Pradesh sponsored linguistic
reorganization of the province of Madras at the time. As a result of the central
government’s vacillation, the campaign gained traction. Potti Sriramulu, a veteran
Gandhian and Congress leader, went on an indefinite fast that ended after 56 days.
This triggered widespread unrest in Andhra Pradesh, resulting in violent outbursts.
(c

Thousands of people took to the streets. Many people were wounded or killed as a

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204 Constitutional History of India

result of police shootings. Several lawmakers in Madras have resigned in protest.


Notes

e
Finally, in December 1952, the Prime Minister declared the creation of a separate
Andhra state.

in
The creation of Andhra Pradesh sparked a war in other parts of the country to
establish states based on linguistic lines. The Central Government was forced to
appoint a States Reorganization Commission in 1953 to look into the issue of redrawing

nl
state borders as a result of these struggles. In its report, the Commission decided
that the state’s borders should represent the boundaries of different languages. The
States Reorganization Act was passed in 1956 based on its results. This resulted in the
creation of 14 states and six union territories.

O
5.3.2 Lack of Flexibility at the Constitutional level for Indians
Since the representation power of the princely states was still in the hands of the

ty
British, the idea of an All India Union failed fully because the Indian National Congress
never came to carry out the proposal that had been conceived. As a result, the concept
could not be enforced.

si
The act struggled to provide citizens with constitutional flexibility in terms of
amending their rights because the British government had the power to modify or alter
any right, while Indians were unable to do so in accordance with their needs.
r
ve
Government Of India Act 1935 Government Of India Act 1919

1)The act did not discuss about the 1)The act offered the intetions of the
intentions of the constitution. constitution.
ni

2)The Act was ratified by the British 2)The Act was ratified by the British
government. government in 1919.
U

3)It was the final constitution of the 3)It was not the final constitution of the
British period. British government.

4)The idea of Bicameralism was 4)The idea of Bicameralism was not


presented in some areas of British presented at during time frame of such
ity

India. areas.

5)There was the dispersal of authority 5)There was nearly no dispersal of


among numerous people to achieve authorities as the head had the authority to
their aim of a federal India take all the choices on his own.
m

5.3.3 Lacunae in the Implementation of Concept of Federalism


)A

The act failed to establish a proper federal structure; the governor general held
the bulk of power and was not responsible for the central legislature, meaning that the
legislature was not properly governed.

The Governor General was briefed by executive councillors who were not
(c

accountable to the Central Legislature on matters of international relations, security,


tribal areas, and ecclesiastical affairs. Separatist tendencies were fueled by the

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Constitutional History of India 205

strengthening of the structure of religion-based and class-based electorates. The


Notes

e
Governor General also has the right to override decisions taken by the Federal
Legislature. For example, restore grant cuts, certify bills rejected by the Assembly, and
so on.

in
The Indian Constitution is widely regarded as having formed a strong central
government. India is a continent-sized nation of tremendous diversity and social issues.

nl
The Constitution’s framers agreed that we needed a federal constitution that could
accommodate our differences. However, they also wished to develop a strong core to
prevent disintegration and facilitate social and political reform. Since India was not only
divided into provinces formed by the British at the time of independence, but there were

O
also over 500 princely states that had to be incorporated into established States or new
States had to be created, the center required certain powers.

ty
Check your Understanding
Multiple Choice Questions:

1. The British Crown’s suzerainty over _____ princely states, generally the largest

si
and most important, was exercised in the name of the British Crown by the central
government of British India under the Viceroy.
(a) 175
(b) 190
r
ve
(c) 200
(d) 260
2. ______ provided for a preamble.
ni

(a) Government of India Act 1919


(b) Government of India Act 1923
U

(c) Government of India Act 1933


(d) Government of India Act 1935
ity

Fill in the Blanks:


3. The concept of ______ failed completely because the Indian National Congress
never came for the accomplishment of the plan which was made because of the
representation power of the princely states was still in the hands of the British so the
m

concept could not be implemented.

State True or False:


4. The proposed all India federation included 11 provinces of British India, 6 Chief
)A

Commissioners Provinces and those princely states who might accede to the
federation.

Give one word:


(c

5. A vassal state under a local or indigenous or regional ruler in a subsidiary alliance


with the British Raj.

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206 Constitutional History of India

Summary
Notes

e
Independent India considered the Federal Court, which was formed in 1937
through the Government of India Act, 1935, to be the Supreme Court. The Indian

in
Constitution also adopted the function of having a Governor elected by the Central
Government for each province. The Government of India Act, 1935, was also used to
establish the Public Service Commission, which is stated in Article 315 of the Indian

nl
Constitution.

A vassal state under a local or indigenous or regional ruler in a subsidiary alliance


with the British Raj was known as a princely state, also known as a native state,

O
feudatory state, or Indian state (for those states on the subcontinent). Though the
history of the subcontinent’s princely states dates back to at least the classical era of
Indian history, the term princely state is most widely used to refer to a semi-sovereign
principality on the Indian subcontinent during the British Raj that was not directly ruled

ty
by the British, but rather by a local ruler who was subject to a form of indirect rule on
some issues.

During the British Raj, a princely state was a semi-autonomous principality that was

si
administered by a local monarch rather than the British. The rank, scale, and prosperity
of the princely states varied greatly.

r
There were two forms of territories in India under the British Raj (the “Indian
Empire”): British India and Native states or Princely states.
ve
With the division and unification of Princely States, the process of nation-building
did not come to an end. The job at hand was to draw the Indian states’ internal borders.
It wasn’t just a question of organizational structure. The borders had to be drawn in
such a way that the country’s linguistic and cultural diversity could be expressed
ni

without jeopardizing the country’s unity. During colonial rule, state borders were drawn
for administrative purposes or simply to coincide with territories annexed by the British
government or those governed by princely powers.
U

Activity
Visit any princely state nearby your place. Visit some museum to see how royal
ity

families used to live. Make a collage on this.

Questions and Exercises


1. Describe the complication in the Accommodation of Princely States
m

2. Describe Princely states.


3. What were the relations by the beginning of the 20th century, between the British and
the four largest states – Hyderabad, Mysore, Jammu and Kashmir, and Baroda?
)A

4. Explain Integration of Princely States.


5. Write about reorganization of states.

Glossary
(c

A vassal state is any state that has a mutual obligation to a superior state or
empire, in a status similar to that of a vassal in the feudal system in medieval Europe.

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Constitutional History of India 207

Further Reading and Bibliography


Notes

e
www.newworldencyclopedia.org
www.timemaps.com

in
Check your Understanding – Answers
1. (a)

nl
2. (a)
3. All India Federation

O
4. True
5. Princely state

ty
rsi
ve
ni
U
ity
m
)A
(c

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