1

DAILY
CLASS NOTES
Indian Polity

Lecture - 11
Constitutional Development III
 2

Constitutional Development III

Indian Councils Act 1861:

❖ It recognised the Portfolio/Departmental/Ministerial system for the first time.

❖ It provided for the Governor-General's Executive Council.
❖ The act introduced the rank of Cabinet Secretariat.
❖ First-time Indians were introduced in the Governor General’s Council. The representation was mostly limited
to the Maharajas of Princely States, Zamindars, and Retired Indian elites.
❖ Though Indians got the opportunity for representation in the Governor General’s Council but Indians were
dissatisfied because their representative powers were limited, they could neither ask any question nor give any
proposals. Hence, it did not fulfil the aspirations of representation.

Concept of Development and Evolution of Indian Constitution:

❖ Development of Indian Constitution: Anything introduced or added until 1947.

❖ Evolution of Indian Constitution: Anything that has been added or introduced in the Indian Constitution
post 1947.

Indian Councils Act 1892:

❖ Election was first time introduced in India by this act, i.e., an element of representation. Election rights were
unequal and limited only on the basis of property and education.
➢ However, today’s election is based on Universal Adult Franchise (All the members above 18 years of age
can cast their vote).
❖ It increased the functions of legislative councils and gave them the power of discussing budget and addressing
questions to the executive.
❖ As per the demand of the Congress, the participation of Indians in the legislative council was increased.

Indian Councils Act of 1909:

❖ This Act was also based on Morley-Minto Reform.
❖ The Act introduced the ‘Separate Electorate’ System, where the Muslim members were to be elected only by
Muslim voters. Through this separate election system, the British introduced the policy of divide and rule.
❖ Note: Today’s election system follows the joint election system, where anyone from any community can vote
anyone. There is only one exception where SCs and STs are given reserved seats for better representation in
Lok Sabha and Vidhan Sabha, however, anyone can cast their vote for the reserved candidate.
 3

❖ By this Act, the Legislative Councils got rights on the discussions on Budget proposals, and to ask questions
on any matter of public interest.
❖ This Act also increased the number of non-official members (Members who were either non-British or outside
British connections).

We can classify the Constitutional Developments under Five Phases:

1. The coming of the British (1600 – 1765)
2. The Beginning of the British (1765 – 1857)
3. End of the Company’s Rule (1858 – 1919)
4. Introduction of the Self-Government (1919 – 1947)
5. The framing of the new Constitution (1947 – 1950)

Fourth Phase of Constitutional Development (Introduction to Self-Rule):

Important Dates and Development:
❖ Montague-Chelmsford Report: 1919
❖ Simon Commission: 1927
❖ Nehru Report: 1928
❖ Round Table Conference: 1930-1932
❖ The Government of India Act: 1935
❖ August Proposal: 1940
❖ The Cripps Mission: 1942
❖ The Wavell Plan: 1945
❖ The Cabinet Mission Plan: 1946
❖ Balkan Plan: 1947
❖ Mountbatten Plan: 1947
❖ The Indian Independence Act: 1947
Background:
❖ The objective of India’s National Movement was to establish India as “one nation”, irrespective of caste,
creed, community. India’s Freedom Struggle against the British was the demand for the proper representation
in not only the Executive Council but in all aspects, which is also an important part of India’s National
Movement.
 4

❖ Timeline of India’s Demand: Proper Representation, Self-Rule, Complete Independence.

Government of India Act 1919:

❖ The Government of India Act 1919 was introduced on the basis of Montague-Chelmsford Report.
❖ It was based on the announcement of 20th August 1917.
❖ The famous Montague Statement:
➢ To increase Indians participation in the Council.
➢ To develop an Autonomous Institution.
❖ It introduced the Dyarchy System at the Provincial level.
❖ This Act introduced the concept of Bicameralism i.e., two houses (Lok Sabha and Rajya Sabha).
(Bicameralism is an internal separation of power and should not be linked with division of power.)
❖ The Government of India Act 1919 provided for the creation of a ‘Council of States’ as a second chamber of
the then Legislature.

Concept of Independent and Autonomous Institutions:

❖ Independent Institutions means both structural and functional separation.
❖ Autonomous Institutions means only functional separation and no structural separation.

Concept of Dyarchy or Dual Scheme of Governance:

❖ Administrative Subjects were divided into two lists: Central and State List.
❖ Central lists consist of defence, communications, foreign relations, etc.
❖ The State Lists were further divided into two parts: Transferred and Reserved.
➢ The Transferred Subjects were to be administered by the Governor with the aid of Ministers responsible
to the legislative council.
➢ The Reserved Subjects, on the other hand, were to be administered by the Governor and his executive
council without being responsible to the legislative council. E.g., Justice, Police, Administration, Land
Revenue, etc.
❖ Note: Currently, the Indian Constitution has three lists: Union List, State List and Concurrent List. Where the
Union and State List reflects the division of power.

   