Polity Notes Module – 1

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Polity Notes Module – 1

Notes For CSE25
Table of Contents
Constitution: An Overview ..................................................................................................... 3
What is a Constitution? .................................................................................................................. 3
Functions of the constitution ................................................................................................................................. 3
Evolved and Enacted Constitutions ..................................................................................................................... 5
Federal and Unitary Constitutions........................................................................................................................ 6
Constitutional Laws.................................................................................................................................................... 7
Constitutionalism ............................................................................................................................ 9
Fundamental Law .......................................................................................................................... 10
Constitutional Development ................................................................................................ 11

Regulating Act (1773)................................................................................................................... 11
Provisions related to Company‘s government in Britain........................................................................... 11
Provisions related to Company‘s government in India.............................................................................. 12
Pitt’s India Act (1784) ................................................................................................................... 13
Main Provisions ........................................................................................................................................................ 13
Act of 1786 ..................................................................................................................................... 14
Charter Act of 1793 ....................................................................................................................... 14
The Charter Act of 1813 ............................................................................................................... 16
Charter Act of 1833 ....................................................................................................................... 17

Main Provisions ........................................................................................................................................................ 17
Charter Act (1853) ......................................................................................................................... 18
Government of India Act 1858 .................................................................................................... 19

Main Provisions ........................................................................................................................................................ 19
Queen Victoria‘s Proclamation ........................................................................................................................... 20
Indian Councils Act 1861 .............................................................................................................. 20
Main Provisions ........................................................................................................................................................ 20
Change in Size and Composition of the Central Legislature ................................................................... 21
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Changes in Functions of the Central Legislature ......................................................................................... 21

Significance of the Act ........................................................................................................................................... 22
Indian Councils Act (1892) ........................................................................................................... 23
Main Provisions ........................................................................................................................................................ 23
Morley-Minto Reforms (1909) .................................................................................................... 24
Changes in Composition of the Councils ....................................................................................................... 24
Changes in functions of the Councils .............................................................................................................. 25
Government of India Act (1919) ................................................................................................. 25
Main Provisions ........................................................................................................................................................ 26
Other Changes (Reforms) Introduced by Act ................................................................................................ 32
Criticisms of the Act of 1919 ............................................................................................................................... 32
Government of India Act, 1935 ................................................................................................... 32
Sources of the Act ................................................................................................................................................... 32
Main Provisions Regarding the Provincial Part............................................................................................. 33
Main Provisions Regarding the Federal Part ................................................................................................. 34
Indian Reactions to the Act of 1935 ................................................................................................................. 35
The Act in Operation .............................................................................................................................................. 36
Indian Independence Act (1947) ................................................................................................. 36
Mountbatten Plan 1947 ........................................................................................................................................ 37
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Constitution: An Overview
What is a Constitution?
 It is a system of beliefs and laws by which a country/state is governed.
 It is a document having SPECIAL LEGAL SANCTITY which sets out the framework and
the principal functions of the organs of the government of the state and declares the
principles governing the operations of those organs.
 Constitution is defined as the COLLECTION OF LEGAL RULES providing a framework for
the government.
o It reflects the dominant beliefs and interests or few compromises between the
conflicting beliefs and interests, which are the characteristics of the society.
o It is a document of people’s faith and aspirations.
o Constitution derives its power and authority directly from the PEOPLE.
o Constitution is the FUNDAMENTAL AND SUPREME LAW OF THE LAND enjoying
legal sanctity. Hence, it is above all the laws enacted by the Parliament.
o Constitution is a document that reflects or symbolizes the Independence of
Sovereignty of the country.
o The constitution is a special document that sets out the role and functions of the
principal organs of the government namely the Legislature, Judiciary and
Executive and the relationships between them.
Indian Constitution as a Living Document

 From time to time, the Indian Constitution must be amended to accommodate
necessary changes.
 A living document is one that is updated and modified on a regular basis.
 Just like a living human being, the Indian constitution grows and changes over time. The
Constitution is therefore seen as a living document
Functions of the constitution

 The First Function of a constitution is to provide a set of Basic Rules that allow for
minimal coordination amongst members of a society.
 The Second Function of a constitution is to specify Who has the power to Make
Decisions in a society. It decides How the Government will be constituted.
o In the Indian Constitution Parliament gets to decide laws and policies
o In Monarchical constitution → Monarch decides
 Third Function of a constitution is to set some Limits On what a Government can impose
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on its citizens. These limits are Fundamental in the sense that government may never
trespass them == > Limited Government
o The most common way of limiting the power of government is to specify certain
Fundamental Rights that all of us possess as citizens and which no government
can ever be allowed to violate.
o Citizens will be protected from being arrested arbitrarily and for no reason. This
is one basic limitation upon the power of government.
o Citizens will normally have the right to some basic liberties: to freedom of speech,
freedom of conscience, freedom of association, freedom to conduct a trade or
business etc.
o In practice, these rights can be limited during times of national emergency and
the constitution specifies the circumstances under which these rights may be
withdrawn.
 The Fourth Function of a constitution is to Enable the government to fulfil the

aspirations of a society and create conditions for a just society
o Many 20th C. constitutions (Const), including Indian Const. also provide an

enabling framework for the government to do certain Positive Things, to express
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the aspirations and goals of society. == > Enabling provisions
o Societies with deep entrenched inequalities of various kinds, will not only have to
set limits on the power of government, they will also have to enable and
empower the government to take Positive Measures to overcome forms of
inequality or deprivation. [Eg. Reservation for Certain Classes]
 Constitution Expresses the fundamental identity of a people
o This means the people as a collective entity come into being only through the
basic constitution.
o It is by agreeing to a BASIC SET OF NORMS about how one should be governed,

and who should be governed that one forms a collective identity.
o One has many sets of identities that exist prior to a constitution. But by agreeing
to certain basic norms and principles one constitutes one‘s basic Political Identity.
o The constitution sets authoritative constraints upon what one may or may not do.
It defines the fundamental values that we may not trespass. So the constitution
also gives one a Moral Identity.
Evolved and Enacted Constitutions

The constitutions of the world are broadly categorized into two major groups namely evolved and
enacted constitutions.
Evolved Constitutions
 They come into existence over a period of time.
 They do not have a specific date of origin.
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 Generally, they are UNWRITTEN and based on conventions and customs.

 Such constitutions are highly flexible and changes with the changing values and social
beliefs from time to time.
 The legislature creates the constitution and so LEGISLATURE is supreme. These

constitutions are unitary in nature. For example, English Constitution.
Enacted Constitutions
 They have specific date of origin.
 They are deliberately created and enacted with purpose and are WRITTEN constitution.
 They also have conventions but not to that extent of evolved constitution.
 Usually, they are rigid constitutions and federal in nature.
 Examples → Constitutions of the United States of America and India. Here, the
constitution is supreme as it creates the governmental organs.
Federal and Unitary Constitutions

 In a Federal Constitution there is a Central Government having certain powers which it
exercises over the entire country.
 Then there are Regional Governments and each of such governments has jurisdiction
within a region. All kinds of relations arise between the Central Government and the
Regional Governments.
 India is an example of a Federal Constitution. Some other federal Constitutions are →
o U.S.A., Canada, Australia, Malaysia, Germany, etc.
 A Federal Constitution is a much more complicated and legalistic document THAN a
Unitary Constitution which has one Central Government in which all powers of
government are concentrated and which can delegate such of its powers to such of its
agencies as it likes.
 A Federal Constitution must settle many details (like distribution of powers between the
Central Government and the regional governments) WHICH a unitary Constitution is not
concerned with. Britain, Sri Lanka, Singapore have unitary Constitutions.
 The Constitutional law of a country consists of both ‗legal’ as well as ‗non-legal’ norms.
o Legal Norms are enforced and applied by the courts and if any such norm is
violated, courts can give relief and redress. On the other hand →
o Non-legal norms arise in course of time as a result of practices followed over and
over again.
 Such norms are known as conventions, usages, customs, practices of the
Constitution.
 There may be nothing in the Constitution sanctioning them, nevertheless,
they exist.
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 Conventions play a more significant role in an unwritten Constitution

than in a written Constitution but to have a full picture of a country‘s
Constitutional law, reference needs to be made not only to ‗legal‘ but to ‗non-
legal‘ norms as well. Britain is a very good example of a country where
conventions play a very active role.
 In India, conventions operate in several areas, the most significant of which
is the relationship between the Executive and the Legislature.
Constitutional Laws
 A Written Constitution is the formal source of all Constitutional law in the country. It is
regarded as the supreme or fundamental law of the land, and it controls and
permeates each institution in the country.
 Every organ in the country must act in accordance with the Constitution. This means
that the institutions of government created by the Constitution have to function in
accordance with it. Any exercise of power outside the Constitution is Unconstitutional.
 The government being the creature of the Constitution, Constitution delimits the
powers of governmental organs and any exercise of power beyond the constitutional
parameters becomes unauthorized.
 Therefore, any law made by the Legislature, any action taken by the Executive, if
inconsistent with the Constitution, can be declared unconstitutional by the courts.
 The Constitution is an Organic Living Document. Its outlook and expression as

perceived and expressed by the interpreters of the Constitution must be dynamic and keep
pace with the changing times.
o Though the basics and fundamentals of the Constitution remain unalterable.
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 The Courts are regarded as the INTERPRETERS as well as the GUARDIAN OF THE
CONSTITUTION. It is for the courts to scrutinize every act of the government with a view
to ensure that it is in conformity with the Constitution.
 If a law passed by the legislature or an act done by the executive is inconsistent with a
constitutional provision, the court will say so, and declare the law or the act as
unconstitutional and void.
 It is the obligation of the judiciary to see that the Constitution is not violated by any
governmental organ and hence the judiciary is called as the guardian. and protector of the
Constitution.
 Judicial Review has come to be regarded as an integral part of a written

Constitution.
 The courts thus play a much more creative role under a written Constitution than they do
under an unwritten Constitution.
 In a written Constitution, courts not only interpret ordinary laws and do justice between
man and man, they also give meaning to the cold letter of the Constitution and this
may, at times, vitally affect the Constitutional process in the country.
 Another significant feature of a written Constitution is the need of special procedure to
amend it.
o This procedure is more complicated and rigorous than passing an ordinary law and
is characterised as the constituent process as distinguished from ordinary legislative
process.
o Thus, a written Constitution is often characterised as rigid as contrasted with an
unwritten Constitution, which is called flexible, as it can be changed by an
ordinary legislation.
 It is also to be noted that a Parliament functioning under a written Constitution cannot
claim for itself unlimited power to do what it likes.
 It has become fashionable for politicians in India to say that Indian Parliament is sovereign,
meaning it can do whatever it desires.
 Such an assertion is not realistic. Parliament is sovereign to the extent that India is a
sovereign country and that it is not subject to any external power. But Indian
Parliament is not sovereign if it means that it has uncontrolled power to do what it
likes.
o Since Parliament functions under a written Constitution, it has to observe the
restrictions imposed on it by the Constitution. It can do what the Constitution
permits it to do but cannot do what the Constitution prohibits. Similar is the position
of the Executive.
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Constitutionalism
 Modern political thought draws a distinction between ‗Constitutionalism‘ and ‗Constitution‘.
 A country may have the Constitution BUT not necessarily Constitutionalism.
 For example, a country with a dictatorship, where the dictator’s word is law, can be said
to have a ‘Constitution’ but not ‘Constitutionalism’.
 The underlying difference between the two concepts is that →
o a Constitution ought not merely to confer powers on the various organs of the
government, but also seek to restrain those powers.
o Constitutionalism recognises the need for government but insists upon
limitations being placed upon governmental powers.
 Constitutionalism envisages checks and balances and putting the powers of
the legislature and the executive under some restraints and not making them
uncontrolled and arbitrary.
 Unlimited powers jeopardise freedom of the people.
 As has been well said: power corrupts and absolute power corrupts
absolutely.
 If the Constitution confers unrestrained power on either the legislature or
the executive, it might lead to an authoritarian, oppressive government.
 Therefore, to preserve the basic freedoms of the individual, and to maintain
his dignity and personality, the Constitution should be permeated with
‘Constitutionalism’; it should have some in-built restrictions on the powers
conferred by it on governmental organs.
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Fundamental Law
 The Constitution of India being written constitutes the fundamental law of the land. It is
under this fundamental law that all laws are made and executed, all governmental
authorities act and the validity of their functioning adjudged.
 No legislature can make a law, and no governmental agency can act, contrary to the
Constitution.
 No act, executive, legislative, judicial or quasi-judicial, of any administrative agency

can stand if contrary to the Constitution.
 The judiciary is obligated to see that the provisions of the Constitution are not violated
by any governmental organ. This function of the judiciary entitles it to be called as the
‗Guardian’ of the Constitution and it can declare an Act of a legislature or an administrative
action contrary to the Constitution as invalid.
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Constitutional Development
 Various features of the Indian Constitution and polity have their roots in the British rule.
 There were certain events in the British rule that laid down the legal framework for the
organization and functioning of government and administration in British India.
 These events have greatly influenced our constitution and polity.
 These events cancan be classified into two head →
o The Company Rule (1773 – 1858)
o The Crown Rule (1858 – 1947)
Company Rule Crown Rule
 Regulating Act of 1773  Government of India Act of 1858

 Pitt‘s India Act of 1784  Indian Councils Act, 1861
 Act of 1786  Indian Councils Act, 1892
 The Charter Act of 1793  Act of 1909 / Morley-Minto Reforms
 The Charter Act of 1813  Act of 1919 / Montagu-Chelmsford Reforms
 Charter Act of 1833  Government of India Act, 1935 – Till 1947
 Charter Act of 1853
Regulating Act (1773)

 The main aim of Regulating Act was to regulate the activities of the Company in both
India as well as England and remove the deficiencies.
 First step taken by the British Govt. (BG) to control and regulate the affairs of the EIC
 Recognised the first time, the Political and Administrative Functions of the Company
 It laid the foundations of central administration in India.
Provisions related to Company’s government in Britain

 The Cos. ad. was looked after by two institutions in England → Court of Proprietors (CoP)
and Court of Directors (CoD).
 The CoD was the Company’s executive in England who were elected by a body of share-
holders knows as the CoP.
 Any shareholder holding shares worth 500 pounds was entitled to vote in the CoP, while
one holding shares worth 100 pounds was eligible to be elected to the CoD.
 The post of Director was highly sought as it gave ample opportunity for nepotism. Many
servants of the company aimed to return home and get into the CoD using their ill-
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gotten wealth from India.
 The Regulating Act addressed this issue by raising the qualification for both CoP (raised
to 1000 pounds) and CoD (raised to 2000 pounds).
 The Act also provided for direct Parliamentary control over the CoD for the first time.
Under the Act, the Directors were required to ‘lay before the Treasury all
correspondence from India dealing with the revenues and before a Secretary of State
everything dealing with civil and military administration’.
Provisions related to Company’s government in India

The most serious concern in Bengal administration was the Company’s inability to check
corruption by its servants
 The Act addressed this by providing a New Executive for the Bengal Presidency. It would
comprise of a Governor-General (GG) and Four Councillors (Gov.- Gen-in-Council) and
vested in them the civil and military powers of Bengal, Bihar and Orissa.
o Through this, the Parliament aimed to control the Governor, who was now
required to function in Council, the decision of the Council was binding upon
him.
 The Council comprised of men specially sent from England and who were not servants of
the Company.
 The Council was to take all decisions by majority, though the GG had the casting vote in
case of equality of votes. The Council was given a term of 5 years. 3 members formed a
quorum.
 The First Governor-General (Warren Hastings) and Councillors (Philip Francis,

Clavering, Monson and Barwell) were named in the Act.
The Company’s servants also indulged in corruption because of their low salaries
 The Act provided for payment of Liberal Salaries and prohibited immoral activities such
as-private trade, receiving or giving bribes, money lending, etc.
Tried to establish an empowered Central Authority

 Bengal, Madras and Bombay Presidencies were separate and independent of each other.
Each Presidency had direct relations with the Court of Directors in England.
 There was no supreme authority in India that could bring about synergy among them.
 Accordingly, Bengal Presidency was made supreme with exclusive powers to deal with
matters of war and peace, and other Presidencies were made subordinate to it.
 Governor of Bengal was now called the Governor-General of Bengal (or all British
territories in India.
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There was no independent judicial body to keep check over the executive →
 The Act addressed this by providing for a Supreme Court of Justice at Calcutta (est. in
1774). Its jurisdiction included civil, criminal, admiralty and ecclesiastical matters.
 It comprised of a Chief Justice and three puisne Judges. Sir Elijah Imphey was appointed
as the Chief Justice. [Appeal → King in council in England]
 All British subjects, both European and India, could seek redressal in the Supreme Court
against oppression.
Pitt’s India Act (1784)

 The aim of Pitt‘s India Act was to remove the weaknesses of the Regulating Act and bring
Company‘s administration in India under the supreme control of British Parliament
Main Provisions
 This Act allowed the →
o Court of Directors to manage the Commercial Affairs of the Cos.
o But for Political Affairs, the Act appointed a Board of six Commissioners, known as
the Board of Control. Board included →
 Chancellor of the Exchequer,
 a Secretary of State and
 4 Privy Councillors.
 They (BoC) were all appointed by the King ==> Double Government was introduced.
 Board’s approval was necessary for all dispatches that were not purely commercial. The
Act thus placed the civil and military government of the Company in due subordination
to the Government in England. This continued until 1858.
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Changes with respect to Company’s Governance

 The number of members in the Governor-General’s Council was reduced to 3. One of
the three would be the Commander-in-Chief of the British Crown‘s army in India.
 The power of GG-in-Council over Subordinate Presidencies was extended to include all
matters of war, diplomatic relations and revenue.
 The GG and Council were made subordinate to British Government. They were
forbidden to declare war without prior sanction of the directors.
 The Act also introduced the principle of non-intervention in the affairs of Indian
Princely states to end further wars and conquests.
Act of 1786
 In 1786, Pitt moved this Bill in order to make Cornwallis accept the Governor-
Generalship of India.
 Cornwallis wanted to assume the powers of both → the GG and the Commander-in-Chief
(CnC). This Act conceded his demand and the office of the GG and the CnC were united in
the same person.
 The GG was further empowered and allowed to override the majority of his Council in
matters of war and peace on his own responsibility (this power was extended to all future
Governor-Generals and Governors by the Act of 1793).
Charter Act of 1793

 It extended the Company‘s exclusive privileges of trade for a further period of 20 years.
 A code was framed for all regulations that could be enacted in Bengal.
 The Act also required that all laws relating to rights of persons and property be printed
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with translation in Indian languages so that people can know about their rights and
immunities. In this way, this Act laid the foundation of governance based on Written
Laws in British India in place of personal rule of past rulers.
 All members of the Home government were in future to be paid salaries not out of the
State Exchequer but out of the Indian revenues. (Continued up to 1919).
 The Company, after paying the necessary expenses, interest, dividends, salaries, etc., from
the Indian revenues, was to pay 5 lakh pounds annually to the British government.
 The royal approval was mandated for the appointment of the Governor-General, the
Governors, and the Commander-In- Chief.
 Senior officials of the Company were debarred from leaving India without permission
 The Cos (EIC) was empowered to give licences to individuals as well as the Company’s
employees to trade in India. The licences, known as ‘Privilege’ or ‗Country Trade’, paved
the way for shipments of opium to China.
 The Revenue Administration was separated from the Judiciary functions (led to
disappearing of the Maal Adalats).
Term ‘Privilege’ or ‘Country Trade’

 The term ‗Privilege‘ or ‗Country Trade‘ refers to the authority granted by the British EIC to
individuals and company employees to carry on trade in India. This system played a
significant role in the opium trade with China.
 In the 18th century, Western countries, primarily Great Britain, began exporting opium
grown in India to China. The British used the profits from the sale of opium to purchase
Chinese luxury goods such as porcelain, silk, and tea, which were in high demand in the
West. The opium trade created a steady demand among Chinese addicts for opium
imported by the West, which helped solve the chronic trade imbalance between China and
Europe.
 The British East India Company established a monopoly on opium cultivation in the
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Indian province of Bengal. Because of the Chinese ban on opium, the company farmed it
out to ‘country traders’—private traders who were licensed by the company to take
goods from India to China. These country traders sold the opium to smugglers along the
Chinese coast. The gold and silver the traders received from those sales were then turned
over to the East India Company.
 This led to a rapid rise in the opium trade, and by 1838, just before the First Opium
War, it had climbed to 40,000 chests. The rise continued on after the Treaty of Nanking
(1842) that concluded the war.
The Charter Act of 1813

In England, the business interests were pressing for an end to the Company’s monopoly over
trade in India because of a spirit of laissez-faire and the continental system by Napoleon by which
the European ports were closed for Britain. The 1813 Act sought to redress these grievances
 It Ended the Company’s monopoly of trade with India. It, HOWEVER, retained its
monopoly in tea trade and trade with China.
o In this way, Indian trade was thrown open to all British merchants.
 The Act explicitly declared the sovereignty of the Crown over the territories acquired by
the Company.
o The constitutional position of the British territories in India was thus explicitly
defined for the first time.
 It allowed Missionaries to go to India and also allowed them to settle there under a
license. This marked the beginning of ecclesiastical settlement in India.
 It provided for a yearly fund of 1 lakh for promotion of literature and sciences among
Indian subjects.
 It authorised the Local Governments in India to impose taxes on persons. They could
also punish the persons for not paying taxes.
 This act regulated the company’s Territorial Revenues and Commercial Profits. It was
asked to keep its territorial and commercial accounts separate
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Charter Act of 1833

 In 1830, the Whigs (later known as the Liberal Party) came into power. The first
Parliamentary Reform Act, also known as the great Reform Act of 1832 had been
passed (it was the Representation of People Act of 1832 that introduced widespread
changes in the electoral system of England and Wales) and had brought in a reformed
House of Commons where liberalism was in the ascendency.
 Two liberals in fact, Macaulay and James Mill, had a visible impact on the Charter of
1833.
o Macaulay was Secretary to the Board of Control
o Mill the renowned historian worked as Examiner of India Correspondence at India

House.
 Slavery had been abolished all over Britain (1833) and dignity of mankind was being
recognised (the Factory Act 1833).
It was in this atmosphere of reform that the Charter Act of 1833 was passed.
Main Provisions
 Company‘s exclusive trade privileges [all] were ended and the Company was asked to
wind up its commercial business asap == > EIC Become fully Administrative Body.
 The President of the Board of control became the Minister of Indian Affairs. The Act
declared the complete power of the British Parliament over the GG-in-Council.
 All restrictions to immigration of Europeans into India and acquisition of land and
property by them were removed. Hence, the act lifted the legal barrier on the
colonisation of India by European.
 Indian Law Commission was appointed for the codification of existing laws. The Indian
Penal Code and the Codes of Civil and Criminal Procedure were enacted.
 The Act enlarged the Executive Council of the GG by addition of the Fourth member. A
law member (a British barrister).
o He had no vote in the Council and he could attend meetings only on invitation.
o Macaulay became the first Law Member and the President of the Law
Commission.
 A notable provision of the Act was that, under Section 87, it provided for the education
and employment of Indians in Public Services.
o The Act stated-'fitness is henceforth to be the criteria of eligibility. No native shall by

reason only of his religion, place of birth, descent or colour be disabled from holding
any employment under the Company.‘
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o Provision was made for the training of civil servants at the Company’s College at
Haileybury (in actual practice, very little was done to give effect to this
provision).
 Act also directed the GG to work towards abolition of slavery in India. (This policy did
reflect the liberal humanitarian attitude of the British Parliament and slavery was later
abolished in India by Act V of 1843).
 The Act further Centralised the Indian administration and the GG of Bengal was made
the GG of India.
o 1st GGI → Lord William Bentick
o 1st GGB → Warren Hastings
o 1st Viceroy → L. Cunning
 The powers of the GG-in-Council were further extended and Bombay, Madras and all
other territories were placed under the complete control of GG-in-Council.
 The Act also brought about legislative centralisation.
o The GG-in-Council was given the powers to legislate for the whole of British
territories in India while the legislative powers of other presidencies were
simultaneously ended. These laws were applicable to all persons British or Indian,
including the servants of the Company.
 The Act created the new Presidency of Agra.
 The laws made under the previous acts were called as Regulations while laws made under
this act were called as Acts.
Charter Act (1853)

 The Company was to continue possession of territories unless the Parliament provided
otherwise.
 The strength of the CoD was reduced to 18.
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 The Company’s patronage over the services was dissolved → the services were now
thrown open to a Competitive Examination. The Covenanted Civil Service (CS) was thus
thrown open to the Indians also ==> Macaulay Committee (Committee on the Indian
CS) was appointed in 1854.
 The law member became the full member of the Governor-General’s Executive Council.
 The separation of the Executive and Legislative Functions of British Government in India.
 It provided for addition of six new members called Legislative Councillors to the council
(GGEC) → a separate Governor-General’s legislative council ==> Indian (Central)
Legislative Council.
 Local representation was introduced in the Indian legislature. HOWEVER, a law to be

promulgated needed the assent of the governor-general, and the GG could veto any Bill
of the legislative council.
 The CoD was empowered to create new Presidency or alter the boundaries of the
existing ones == > a separate Lieutenant Governorship was created for Punjab in 1859
Government of India Act 1858

 The Revolt of 1857 gave a death blow to the existing system of governance, gave an
immediate push to the demand for the TRANSFER of POWER [ToP] form the Company
to the Crown.
 The Bill for the ToP was first introduced by Lord Palmerston, the then PM of the UK.
However, Palmerston had to resign & Bill could be passed. Later, Edward Henry Stanley
(who became the first Secretary of State for India) introduced another bill originally
titled as ‗An Act for the Better Government of India‘, and it was passed on 2 August
1858.
Main Provisions
 The Act ended the Company’s rule in India and power was transferred from the
Company to the Crown.
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 The CoD and the BoC were abolished and their powers transferred to the Principal
Secretary of State for India (SSI) and India Council (a 15-member Council to aid and
advice the Secretary of State.
o The SSI was a member of the British Cabinet and as such responsible to the
Parliament. He was required to submit a Periodic Report.
 The GG received the title of Viceroy, as he was now the direct representative of the
Crown. [Canning became 1st VR]
 The Act also declared the SSI as a corporate body who could sue and be sued in England
and in India.
 It ended the system of Double Government of the Pitt‘s India Act. Act also ended the
doctrine of lapse.
 It was decided that the remaining Indian princes and chiefs (more than 560 in number)
would have their independent status provided they accept British suzerainty.
Queen Victoria’s Proclamation

 The royal proclamation was announced on 1 November 1858 at a grand Darbar held at
Allahabad. The document is also known as the ‗Magna Carta of the people of India‘ and
it declared the future policy of the British rule in India.
Indian Councils Act 1861

 Act of 1858 had brought about changes only in the Home Government and did not
touch the administration set-up in India.
 After the Revolt of 1857, it was felt that sweeping changes in the constitution were called
for.
 It was also felt that there was a lack of contact and understanding between the
government and the governed. The government now understood the dangers of
excluding the Indians from the legislation of the country.
Main Provisions
 The Regulating Act had begun the process of Centralisation culminating in the Act of
21
1833 which took away legislative powers from the provinces.
o The Indian Councils Act of 1861 started an opposite process → a process of

Decentralisation.
o Lord Canning (the then GG) and Sir Charles Wood (Secretary of State) were
responsible for the passing of the Act of 1861.
Change in Size and Composition of the Central Legislature

 The Executive Council of the GG was enlarged by the addition of a 5th member who was
to be a jurist.
o The SSI retained the power to appoint the Commander in Chief as an

extraordinary member. A Governor could also be co-opted as a member if the
Council meeting was held in a province.
 It enlarged the Central Legislative Council by addition of not less than six and not more
than twelve Additional Members.
o These were to be nominated by the GG for a period of two years and it was
provided that at least half of them were to be non-officials (i.e. persons not in the
civil or military service of the Crown).
o Under this provision, THREE INDIANS were nominated. [Raja of Benaras, the
Maharaja of Patiala and Sir Dinkar Rao]
Changes in Functions of the Central Legislature

 The Act restored the legislative powers of Councils of Bombay and Madras.
o HOWEVER, rigid restrictions were placed on legislative powers of these provinces

and no laws passed by the provincial councils were to be valid until they received
the assent of the GG.
o In certain matters such as Defence and Communication, prior approval of the GG

was needed.
 The Act allowed establishment of New Councils in other Provinces.
o Councils of Bengal (1862), North-Western Provinces (1886) and Burma and Punjab
(1897).
 The GG was empowered to issue ordinances in case of emergency and without the
concurrence of the Legislative Council (LC), which could remain in force for a maximum
period of six months.
 The Act also empowered the GG to create New Provinces for legislative purposes and
appoint Lieutenant Governors for them. It also empowered him to make Territorial
Adjustment between different provinces.
22
Provision Regarding Decentralisation of Business

 Act empowered the GG to make rules for more convenient transaction of business in
the Council.
o Using this authority, Lord Canning introduced the Portfolio System in India for the
first time. == > Foundation of Cabinet System in India
Significance of the Act

 It introduced the process of legislative devolution which gradually gave more and more
legislative functions to the provinces and culminated in the grant of autonomy to
provinces by the Act 1935.
 It initiated a process of Indian association in legislation.
 It initiated recognition of local needs and local knowledge by means of local councils.
However, it is noteworthy that no attempt was made to demarcate the legislative powers of
Central and Local Legislatures and the GG could legislate for the whole of India. The local
councils created were mere committees for assisting and advising in legislative work.
Charles Wood, the author of the Act, had clarified that the proposed local councils were to
function more like the Darbar of an Indian ruler, where the nobles could express their opinion,
but the ruler was not bound by their advice.
23
Indian Councils Act (1892)

The Indian Councils Act of 1892 was an amending act and so its basic provisions remained the
same as those of the Act of 1861. It mainly introduced changes in the size and functions of the
councils.
Main Provisions
The Act increased the number of ‘additional’ members (AMs)
 It ↑ THE NUMBER OF ADDITIONAL MEMBERS (AMs) in the Central and provincial
legislative councils, BUT maintained the official majority in them.
The Act empowered the GG to introduce a system of limited election
 The Act empowered the GG-in-Council to make regulations for Nomination of AMs and
to prescribe the manner in which such regulations should be put into effect.
 Under this provision, the GG could introduce a half-hearted system of Election (limited or
indirect election), even as the provision itself very carefully avoided the use of the
word ‘election’.
 HOWEVER, it is noteworthy that these members occupied their seats in the council not
as representatives of the various bodies but as nominees of the GG.
The Act enlarged the functions of the Councils

 The members of the Central Legislature were now allowed to hold a discussion on the
annual financial statement == > Right to ask questions on the budget.
o The members could only discuss their views that could be incorporated in the
subsequent statements.
 They could also ask questions to the government on matters of public interest (internal
matters) after six days’ notice.
 Suppl. questions were not allowed.
24
Morley-Minto Reforms (1909)

Like the Act of 1892, the Act of 1909 was also an amending Act and introduced changes in the
size and functions of the councils of the GG and the Governors. Both size and functions of the
councils were enlarged.
Changes in Composition of the Councils
 The changes in councils were brought in three respects → numbers, proportion of official
and non- official members and methods of appointment or selection.
o Change in Numbers
 Under the Act of 1909, the number of AMs in GG’s Council were doubled or
more than doubled. (Raise upto 60)
 The Central Legislature, was thus composed of 69 members (37 officials, 32

non-officials).
o Change in the proportion of official and non-official members
 Official majority (OM) was maintained in the centre, the proportion of

non-official members increased substantially.
 In the Provinces, for the first time, a non- official majority was introduced.
o Methods of Appointment
 Under the Act of 1892, nomination was the practice.
 The Act of 1909 became a landmark because of the manner in which non-
official seats were to be filled. Of the 32 non-official seats, 5 were to be
nominated by GG while the remaining 27 were to be Elected.
 Muslims were to be elected by Separate Electorates, i.e. electorates comprising Muslims

only == > Communal Representation [Lord Minto Father of Communal Electorate]
25
o In addition to this, Muslims were also given weightage, i.e. more seats were given
to them than the number warranted by their proportion in the local population.
o They were also allowed to compete for seats to be elected by general electorates.
o These provisions were severely criticised as they were brought about not with the
aim of correcting any imbalance in Indian society but to appease some Muslim
leaders.
Changes in functions of the Councils

 Under the Act of 1861, the functions of the councils were strictly limited to the field of
legislation.
 Under the Act of 1892, the members were allowed to hold discussion on the annual
financial statement BUT were not allowed to move resolutions or divide the House in
respect of any financial question.
 Under the Act of 1909, the functions of the Councils were enlarged in three ways →
o The members were allowed to discuss the financial statement at length and Move
Resolutions on it, before it was presented in its final form.
o The members were given the right to move resolutions on matters of general
public interest. [But in form of recommendations only]
o The right to ask questions was also extended and the member asking original
question was given the right to ask supplementary questions as well
Government of India Act (1919)

 On August 20, 1917, the British Govt. declared, for the first time, that its objective was the
gradual introduction of responsible Govt. in India
o The Act carried a Preamble which laid down the basic principles on which reforms
were to be carried out. It was based on the Montagu Declaration of 20th August
1917
 The GOI Act of 1919 was thus enacted, which came into force in 1921. This Act is also
known as Montagu- Chelmsford Reforms (Montagu was the Sec. of State for India and
26
Lord Chelmsford was the VR of India).
 The Act carried a Preamble which laid down the basic principles on which reforms were to
be carried out. It was based on the Montagu Declaration of 20th August 1917
Main Provisions
Changes in Home Government
 The Secretary of State for India was now to be paid by the British Exchequer and not out
of the Indian revenues as had been the case since 1793, thus undoing a long-drawn
injustice.
o Some of his functions were also taken away and given to the High Commissioner
for India who was to be appointed and paid by the Government of India and was to
act as an agent of GG-in-Council.
Changes in the Government of India

Central Government
 The Central Executive
o Under the Act, The Central government did not undergo any change in its basic
principle.
o The chief-executive authority remained vested in the GG who was responsible to

the British Parliament (BP) through the Secretary of State and not to the Indian
Legislature. Thus, it continued to remain unrepresentative government.
 The Central Legislature
o Under the Act, a Bicameral Legislature was established. The two Houses were the
Indian Legislative Assembly and the Council of State.
o The Indian Legislative Assembly (Lower House) →
 It was to consist of 145 members of whom 42 were to be nominated and 104

were to be elected members.
 The method of indirect election as prevalent under the Act of 1909 was
abolished and, for the first time, direct election was introduced.
 The system of Communal Electorate continued and was extended to Sikhs,

Indian Christians, Anglo-Indians and Europeans
 The seats were distributed among the provinces not on the basis of their
population but on the basis of their so-called importance. For example, both
Bombay and Madras were granted 12 seats each though the population of
Bombay was only half of that of Madras, the reason being the commercial
importance of Bombay.
27
 The term of the Assembly was fixed at three years but it could be extended
by the GG (It is noteworthy that the last Assembly elected in 1936 was
dissolved only after 10 years).
o The Council of State (Upper House) →
 It was to consist of 60 members, 26 of whom were to be nominated by the

GG and 34 were to be elected, thus introducing an elected majority.
 Each member held his seat for five years, though the Council itself was
partially renewed every year.
 The members were called ‗Honorable‘. Women were not allowed to become
a member of the House.
 Franchise was highly restricted to secure the representation of hereditary

aristocracy or mercantile aristocracy.
 Other Changes →
o The right to ask supplementary questions was extended to all members of the
legislature (Under the Act of 1909, member asking original question alone could ask
supplementary questions). Short notice questions could also be asked. The
members enjoyed the right to freedom of speech.
o Since Partial Responsible Government was introduced in the provinces,.

Accordingly, Two Lists were drawn → the Central list and the Provincial list.
o Under the Act, complete separation of sources of revenue between the centre and
the provinces was made to give meaning to the partial transfer of power to Indians.
Special powers of the GG
 In addition to the veto power, he was given the power of certification.
o Meaning, once the bill was refused by the legislature, he could certify that a bill
was essential for safety, tranquility or interests of British India and secure its
enactment.
o The GG could refuse his assent to bills passed by the Legislature.
Significance of the Changes Introduced at the Centre
 The Act of 1919 introduced a responsive if not responsible government at the Centre.
 Though the GG and his Executive Council were irremovable, this did not mean they could
neglect the wishes of the Legislature.
 The members became part of the standing committees such as Public Accounts
Committee and got ample opportunity to exercise control on government policy.
 They also exercised control by asking questions and moving motions of adjournment.
 They could also reject the budget and pass resolutions against the government.
28
 The large elected majority in the Assembly made it virtually impossible for the Executive
Councillors to remain unresponsive to the wishes of the members of the Legislature.
Changes in the Provincial Government

 In order to give effect to the aim of decentralisation and devolution of powers, Provincial
Autonomy was introduced for the first time. It means freedom of a provincial
government from control by the central Govt.
 The independent powers of the provinces were defined in the ‘Devolution Rules’.
Devolution was brought about in areas of finance, legislation and administration.
 Financial devolution →
o The first step towards devolution was taken by providing for a complete separation
of sources of revenue between the centre and the provinces.
 Accordingly, land revenue, excise, irrigation and stamps were made exclusively
provincial items.
o The loss of income was compensated by introduction of the system of provincial

contribution to the central government.
o The provinces were given near complete freedom in preparation of provincial

budgets.
o Taxation powers of the provinces were enlarged by doing away with the
requirement of previous sanction of the GG.
 Legislative devolution →
o This was brought about by separating the items of legislation by the Centre and
the provinces. Accordingly, two lists were drawn → Central list and
Provincial list.
29
 Central List → Included subjects of national importance or which related to

more than one province like Foreign Affairs, Political Relations, Defence,
Communications, Post and Telegraph etc.
 Provincial List → included subjects which were only of provincial

importance like Local Self Government, Public Health and Sanitation etc.
o The provincial government could also make laws for the ‗peace and good
government‘ of the provinces.
o Central control over provincial legislation still remained and was carried out in
two ways →
 Firstly, a copy of every provincial act had to be sent to the GG, who might
or might not give his assent to it.
 Secondly, if the GG gave his assent, then its copy was sent to the Secretary
of State, who again might or might not give his assent.
The Provincial Executive (Dyarchy or diarchy)
 Dyarchy was introduced in the provinces to meet two main aims →
o firstly, to give responsibility to popular representatives, and
o secondly, to meet the condition of political backwardness and administrative

inexperience of the Indian people.
 Thus, responsibility for certain subjects of the government was transferred to the Indian
hands (Transferred list) while control over others was reserved in British hands (Reserved
list). In this way, the provincial government was divided into two halves
o the Governor and his Executive Council administered the reserved list while
o the Governor and his Ministers administered the transferred list.
 This novel distribution of executive powers in the provinces was called ‘dyarchy’. On
matters of common concerns, there was provision for joint consultation, with the
Governor presiding and having the last word.
 Transferred list → [Can be asked in prelim so have a general idea]
o It included the so-called nation-building subjects which were mainly four, i.e. Local
Self Government, Health, Education (other than European and Anglo-Indian
Education) and some departments relating to Agriculture.
 Other subjects were Public Works, Libraries, Museums, Co-operatives,

Veterinary Departments, Fisheries, Industries, Weights and Measures, Public
Entertainments, Religious and Charitable Endowments, etc.
o These subjects were administered by the Governor acting with Ministers

appointed by him from among the elected members of the legislature and who
30
were responsible to the Legislature.
 Reserved list →
o It included all remaining subjects like Land Revenue, Police, Justice, Printing Presses,
Pensions, Irrigation and Waterways, Electricity, Mines, Factories, etc.
o These were administered by the Governor with the help of members of the
Executive Council who were nominated by him and who were not responsible to
the Legislature.
o The Governor and his Executive Councillors were appointed by the Crown for a
period of five years and were jointly responsible to the GG and the Secretary of
State. The number of executive councillors was fixed at maximum four.
Originally, the Act of 1919 applied to only eight provinces → Bengal, Madras, Bombay, United
Provinces, Punjab, Bihar and Orissa, Central Provinces and Assam. In 1923, the Act was extended
to Burma and sometime later to North Western Frontier Province.
The Provincial Legislature (or the Provincial Council)
 The Montford Reforms envisaged the introduction of a new principle called 'Responsible
Government‘. The provincial councils were modified as per this principle in the following
ways
 Composition
o In each province, unicameral legislature was created which was called the
Legislative Council.
o It was to comprise a Governor‘s Executive Council, elected members and nominated

members.
 Numbers
o The size of the provincial councils was considerably increased and it varied from
province to province.
o The maximum number was 140 for Bengal and minimum was 53 for Assam [Number
is not important for Prelim]
 Proportion of Officials and Non-officials
o In the new Councils, minimum 70 % of the members were to be elected and

maximum 20 per cent could be officials.
 Method of Appointment
o The elected members were to be elected by direct election, i.e. the primary voters
electing the members.
 Qualification for Voters
o Right to vote depended on a number of qualifications such as

31
 residence in that constituency for a minimum period of time,
 ownership or occupation of a house with minimum rental value,
 payment of a minimum municipal tax or income tax,
 receipt of a military pension, etc.
o As a result, the franchise was extremely narrow.
o In 1920, less than 5 % people got the right to vote. Women could not vote or
contest elections.
 In Britain itself, women got the right to vote only in 1918.
 Duration of the Council
o The term of the Council was fixed at three years. But it could be dissolved earlier
by the Governor and in such a case a new Council was to be elected within six
months after the dissolution.
 Functions of the Councils
o The functions were also enlarged.
o The members enjoyed the right to freedom of speech. They could ask questions
and supplementaries, move resolutions and initiate legislations concerning any
provincial subject and could even reject the budget (though the Governor could
restore it).
32
Other Changes (Reforms) Introduced by Act

 New office of the High Commissioner for India in London
 Establishment of a public service commission. Hence, a Central Public Service
Commission was set up in 1926 for recruiting civil servants.
 STATUTORY COMMISSION will be appointed after 10 yrs. of act = Simon Commission.
Criticisms of the Act of 1919

 The Absence of even partial Responsible Government at the Centre.
 The continuation and even extension of separate electorates, even as the Montford
Report had declared the separate electorates as a very serious hindrance to the
development of the self-governing principle.
 The special powers of the Governor. Given these powers, the principle of responsible
government could not be put into practice.
 The introduction of dyarchy.
o The Dyarchy was put into operation during the period April 1921 to April 1937,
though it ceased to function for some time in two provinces—in Bengal (1924-27)
and the Central Provinces (1924-26).
o In its operation, dyarchy was a complete failure. This was reiterated by the official
committee formed to examine the working of Dyarchy, led by Sir Alexander
Muddiman.
Government of India Act, 1935

The Act was a bulky and elaborate document as it dealt with a highly-complicated type of federal
constitution and provided legal safeguards against misbehaviour of Indian ministers and
legislators. Another notable feature of the Act was the absence of a preamble (whereas the Act
of 1919 had a preamble based on Montagu Declaration of 20th August 1917).
Sources of the Act

 The Simon Commission Report
 The Report of All Parties Conference (Nehru Report)
 Discussions at the three Round Table Conferences
 The White Paper
 The Joint Select Committee Report
 The Lothian Report which determined the electoral provisions of the Act
33
Main Provisions Regarding the Provincial Part

Provincial Autonomy
 It meant that all provincial departments would be controlled by elected members. For
the first time, the Act recognized provinces as separate legal entity, free from the
direction and control of the GOI and the Secretary of State except for specific purposes.
 The provinces derived their power and authority directly from the British Crown.
Abolition of dyarchy in provinces
 It also meant that Dyarchy in the provinces was abolished and replaced by Provincial
Autonomy. ==> Reserved and Transferred subjects was abolished
Provincial legislatures were further expanded
 Bicameral legislature was introduced in 6 provinces → Bengal, Madras, Bombay, United
Provinces, Bihar and Assam.
Creation of new province
 New provinces of Sind and Orissa were created. In this way, the Act provided for the
establishment of in all 11 provinces including Sind and Orissa. Burma was separated from
India.
Franchise
 Franchise was lowered, though it still remained tied to property qualifications.
Communal Electorates
 Principle of Communal Electorates and weightage were further extended to depressed
classes, women and labour.
Special powers of Governors

 The Act gave arbitrary powers (under the phraseology of SAFEGUARDS AND SPECIAL
34
RESPONSIBILITIES‘) to the Governor to act ‗in his discretion‘ in matters like summoning of
the Legislature, appointment of Ministers, giving or withholding his assent to bills.
 The Governors were also invested with special executive powers in matters concerning law
and order and interests of minorities, backward classes, Indian princes and British
commercial interests. The Governors could also issue ordinances or enact Governor’s
Acts
Main Provisions Regarding the Federal Part

Proposal for an All India Federation
 The Act prescribed federal structure for the Government of India. It was to comprise of
provinces (Governors‘ and Chief Commissioners‘ provinces) and Indian States with federal
central and provincial legislatures.
 For the States, accession to Federation was voluntary and Federation could not be
formed unless two conditions were met →
o States entitled to at least half of the seats (i.e. 52 seats) allotted to the states in the
proposed Council of States should agree to join the federation.
o The aggregate population of states in the above category should be at least 50 % of
the total population of all Indian states.
(Since the above conditions were not met, the proposed federation never came up. The
Central government carried on upto 1946 as per the provisions of the Government Of Indian Act
1919).
The real intention of the British to include the princely states in the Federal Union was to use
the princes to counterbalance the anti-imperialist doctrines of the nationalist leaders
Dyarchy at the centre
 Reserved Departments → Defence, Foreign Affairs etc. to be administered by the GG
through Counsellors appointed by him and responsible only to him.
 Transferred Departments → subjected to safeguards, were to be administered by the GG
35
on the advice of popular ministers answerable to the federal legislature.

Bicameral Central legislature (Federal Legislature)
 The Central Legislature was to consist of His Majesty represented by the GG and two
houses—the Council of State [Upper House] and the Federal Assembly [Lower House].
o Both Houses were to comprise of representatives from both the British India as well
as the Indian States
 The Assembly’s tenure was normally for a period of 5 years.
Other Federal Institutions
 The Act laid down the setting up of a Federal Bank (Reserve Bank of India) and a Federal
Court established in 1935 and 1937 respectively.
 The Act of 1935 vested the control of Railway in a new authority called Federal Railway
Authority, free from control of ministers and councillors.
Extension of Separate Electorates
 Separate electorates and the system of weightage were further extended to include not
only General (Hindus and Scheduled Castes), Muslims, Sikhs, Europeans, Indian Christians
and Anglo Indian electorates but also women (General), Sikh women in Punjab,
Mohammedan women, Indian Christian women in Madras, Anglo Indian women in
Bengal besides electorates for Commerce and Industry, Landlords, labour, University,
Backward areas and tribes, etc.
Abolition of Indian Council
 The Act abolished the India Council of the Secretary of State (established by the GOI of
1858)
 The SoS (SSI) was now given advisers who might or might not be consulted, except in
respect to the Services.
Indian Reactions to the Act of 1935

 Congress criticised and rejected the Act on following grounds :
o Dominion status remained a distant dream
o Provincial autonomy placed under serious limitations
o Concern about Safeguards and special powers
o Though these provisions were made for transition period,, the transition period itself
was not defined
o Universal adult franchise was not introduced
o did not represent the will and aspirations of the people of India
 Nehru → ―we are provided with a car, all brakes and no engine‖.
 Liberals also criticised but were willing to make the reforms work
36
 Muslim League also criticised the Act, but it was also ready to give it a chance
The Act in Operation

 The GOI Bill received the Royal Assent in August 1935. The proposal for setting up the
Federation of India never materialised and the Central Government continued to be
governed by the provisions of the Act of 1919.
 The Federal Bank (the Reserve Bank of India) and the Federal Court were established in
1935 and 1937 respectively.
 Provincial Autonomy came into force on 1st April 1937. First Elections under the Act
were also held in 1937.
Indian Independence Act (1947)

On 20th February 1947, the impending political crisis was temporarily averted by Attlee’s
announcement to the effect that →
 The British would withdraw from India by 30th June 1948.

o Wavell advocated total withdrawal of the British from India by 31 March, 1948
 Wavell would be replaced by Lord Mountbatten as Viceroy.
 Power shall be transferred to more than one authority if the Constituent Assembly did
not become fully representative, i.e. if the Muslim majority provinces did not join it.
The following factors made the British leave India →
 Increasing pressure from the local populace during the final phase of the Indian
Independence struggle.
37
 World War II had severely damaged the British Empire in terms of economy. To cut their
losses they were forced to relinquish many of their colonies.
 The final nail in the coffin of British rule in India came in the form of the 1946 Royal Indian
Navy Mutiny. It showed the British that they were losing control of the local armed forces
that were required to safeguard their presence in India and hence their position was no
longer tenable.
Mountbatten Plan 1947
 Lord Mountbatten came to India as the last Viceroy and was assigned the task of a
speedy transfer of power by the then British Prime Minister Clement Atlee.
 In May 1947, he proposed that the provinces be declared independent successor states
and then be allowed to choose whether to join the constituent assembly or not. This plan
was called the ‗Dickie Bird Plan’.
 Jawaharlal Nehru opposed it saying it would lead to Balkanisation of the country. Hence,
this plan was also called Plan Balkan.
June 3 Plan
 Plan included the principles of partition, autonomy, sovereignty to both nations, right to
make their own constitution.
 Above all, the Princely States such as Jammu and Kashmir were given a choice to either
join India or Pakistan.
 This plan was accepted by both the Congress and the Muslim League. By then, the
Congress had also accepted the inevitability of the partition.
 This plan was put into action by the Indian Independence Act 1947 which was passed in
the British Parliament and received the royal assent on 18 July 1947.
Provisions
 British India was to be partitioned into two dominions – India and Pakistan.
 The constitution framed by the Constituent Assembly would not be applicable to the
Muslim-majority areas (as these would become Pakistan). The question of a separate
constituent assembly for the Muslim-majority areas would be decided by these provinces.
 As per the plan, the legislative assemblies of Bengal and Punjab met and voted for the
partition. Accordingly, it was decided to partition these two provinces along religious
lines.
 The legislative assembly of Sind would decide whether to join the Indian constituent
assembly or not. It decided to go to Pakistan.
 A referendum was to be held on NWFP (North-Western Frontier Province) to decide which
dominion to join. NWFP decided to join Pakistan while Khan Abdul Gaffar Khan boycotted
and rejected the referendum.
 The date for the transfer of power was to be August 15, 1947. [For Pak it was 14th August]
 To fix the international boundaries between the two countries, the Boundary Commission
was established chaired by Sir Cyril Radcliffe. The commission was to demarcate Bengal and
38
Punjab into the two new countries.

 The princely states were given the choice to either remain independent or accede to
India or Pakistan. The British suzerainty over these kingdoms was terminated.
 The British monarch would no longer use the title ‗Emperor of India’.
 After the dominions were created, the British Parliament could not enact any law in the
territories of the new dominions.
 Until the time the new constitutions came into existence, the Governor-General would
assent any law passed by the constituent assemblies of the dominions in His Majesty‘s
name. The Governor-General was made a constitutional head.
 Until the new constitution was adopted, the govt. of two dominions wew to be
carried on in accordance with the Govt. of India Act 1935.
On the midnight of 14th and 15th August 1947, the dominions of Pakistan and India
respectively came into existence. Lord Mountbatten was appointed the first Governor-
General of independent India and M .A. Jinnah became the Governor-General of Pakistan.
As an alternative to the partition of India, Gandhiji suggested to Mountbatten that he should

invite Jinnah to form the government

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Polity Notes Module – 1

Fundamental Law .......................................................................................................................... 10

Constitutional Development ................................................................................................ 11

Charter Act of 1793 ....................................................................................................................... 14

The Charter Act of 1813 ............................................................................................................... 16

Charter Act of 1833 ....................................................................................................................... 17

Government of India Act 1858 .................................................................................................... 19

Changes in Functions of the Central Legislature ......................................................................................... 21

Indian Constitution as a Living Document

Functions of the constitution

o In the Indian Constitution Parliament gets to decide laws and policies

o In Monarchical constitution → Monarch decides

 The Fourth Function of a constitution is to Enable the government to fulfil the

o Many 20th C. constitutions (Const), including Indian Const. also provide an

the aspirations and goals of society. == > Enabling provisions

 Constitution Expresses the fundamental identity of a people

o It is by agreeing to a BASIC SET OF NORMS about how one should be governed,

Evolved and Enacted Constitutions

 Generally, they are UNWRITTEN and based on conventions and customs.

 The legislature creates the constitution and so LEGISLATURE is supreme. These

Federal and Unitary Constitutions

 Conventions play a more significant role in an unwritten Constitution

 The Constitution is an Organic Living Document. Its outlook and expression as

 Judicial Review has come to be regarded as an integral part of a written

 No act, executive, legislative, judicial or quasi-judicial, of any administrative agency

 These events have greatly influenced our constitution and polity.

 These events cancan be classified into two head →

o The Company Rule (1773 – 1858)

o The Crown Rule (1858 – 1947)

Company Rule Crown Rule

 Regulating Act of 1773  Government of India Act of 1858

Regulating Act (1773)

Provisions related to Company’s government in Britain

gotten wealth from India.

Provisions related to Company’s government in India

 The First Governor-General (Warren Hastings) and Councillors (Philip Francis,

Tried to establish an empowered Central Authority

Pitt’s India Act (1784)

o Court of Directors to manage the Commercial Affairs of the Cos.

 Chancellor of the Exchequer,

 a Secretary of State and

Changes with respect to Company’s Governance

Charter Act of 1793

Term ‘Privilege’ or ‘Country Trade’

The Charter Act of 1813

Charter Act of 1833

o Macaulay was Secretary to the Board of Control

o Mill the renowned historian worked as Examiner of India Correspondence at India

o The Act stated-'fitness is henceforth to be the criteria of eligibility. No native shall by

o 1st GGI → Lord William Bentick

o 1st GGB → Warren Hastings

o 1st Viceroy → L. Cunning

 The Act also brought about legislative centralisation.

 The Act created the new Presidency of Agra.

Charter Act (1853)

 The strength of the CoD was reduced to 18.

 Local representation was introduced in the Indian legislature. HOWEVER, a law to be

Government of India Act 1858

Queen Victoria’s Proclamation

Indian Councils Act 1861

1833 which took away legislative powers from the provinces.

o The Indian Councils Act of 1861 started an opposite process → a process of

Change in Size and Composition of the Central Legislature