POLITY

NATURE OF THE CONSTITUTION

By: - Akhilesh Rai

 THE HISTORICAL BACKGROUND
 The government of India Act 1858.
 The powers of the crown were to be exercised by the secretary of state for India, assisted
by council of 15 members( knowns as council of India).
 Council was composed exclusively of the people from England.
 Some are nominees of crown and others are representative of the directors of east India
company.
Essential feature of Act 1858:-
 The administration of the country was not only unitary but rigidly centralised.
 The was no separation of function and all the authority for the governance of India.
The control of the secretary of state over the Indian administration was absolute.
 The entire machinery of the administration was bureaucratic, totally unconcerned about
public opinion in India.
Indian council Act, 1861: -
 Governor General’s executive council, which should include certain additional non-official members.
 This legislative council was neither representative nor deliberative in any sense.
 It could not in any manner criticise the act of administration or the conduct of the authority.
 Effective powers were reserved to the Governor General.
 Giving prior sanction to bills relating to certain matters.
 Vetoing the bills after they were passed or reserving them for consideration of the crown.
 The prior sanction of the Governor General was necessary to many matters.
Indian council Act, 1892: -
 Two improvements upon the preceding state of affairs as regards the Indian and provincial Legislative Council.
 Majority of official members were retained.
 The non-official members of the Indian Legislative council were nominated by Bengal chamber of commerce and
Provincial Legislative council.
 The non-official members of Provincial council were to be nominated by certain local bodies such Universities, district
boards, municipalities.
 The councils were have the power of discussing the annual statement of revenue and expenditure.
Morley-Minto reform and the Indian Council Act, 1909:-
 Secretary of State of India : - Lord Morley
 Viceroy of India : - Lord Minto
 The size of the councils were enlarged by including elected non-official members.
 An element of election was also introduced in the legislative council at the centre.
 The deliberative function of the legislative council were also increased by this act by giving them the opportunity of
influencing the policy of the administration by moving resolution on the budget, and on the matter of public interest.
 For the first time, for separate representation of the Muslim community and thus sowed the seed of separatism.
 Formation of Muslim League as a political party (1906).
 Government of India Act 1915 (5 & 6 Geo. V., c. 61) were passed to consolidate all the preceding of Government of
India Acts so that the existing provisions could be had from one enactment.
Montagu- Chelmsford Report and the Government of India Act, 1919 : -
 Secretary of State of India : - Lord Montagu
 Viceroy of India : - Lord Chelmsford
 Increasing association of Indians in every branch of the administration and the gradual development of self-governing
institutions with a view to progressive realisation of responsible government in British India as an integral part of the
British empire.
Main Features of the system introduced by the Act, 1919 : -
 Dyarchy in the Provinces ( Dual Government ).
 Responsible government is to be introduced, without impairing the responsibility of the Governor General.
 The Subjects of administration were to be divided
Central Subjects
Provincial Subjects
Central Subjects Provincial Subjects

Kept under the control of the central 1 Transferred Subjects Reserved Subjects
Government

Administered by governor with the aid Administered by governor and his

of Minister responsible to the Legislative Executive Council without any Responsibility
Council to the Legislature
Relaxation of central control over the Provinces : -
 Subjects of all-India importance were brought under the category Central.
 Subjects related to the administration of the provinces were classified as Provincial.
 Sources of revenue were divided into two categories.
 Provincial Legislature was empowered to present its own budget and levy its own taxes relating to the provincial source
of revenue.
 The Central Legislature retained power to legislate for the whole of India, relating to any subjects.
 The control of the Governor General over provincial legislation was also retained by laying down the provincial bill.
The Indian Legislature made more representative : -
 Governor- General in Council continue to remain responsible only to British parliament through the secretary of state of
India.
 Indian legislature was made more representative and for the first time, bi-cameral.
Upper house/Council of state Lower house/Legislative assembly
60 Members 144 Members

34 Elected 26 Retained 104 Elected 40 Retained

 Powers of both the houses were equal except right to vote only given to Legislative Assembly.
 Electorate were arranged on a communal and sectional basis.
 Governor- General’s overriding powers in respect of Central Legislative were retained.
1. prior sanction required to introduce certain bills.
2. Has the power to Veto.
3. Has the power to certify any bill.
4. Could make the temporary Ordinance during emergency Time.
Shortcoming of the Act of 1919: -
 Failed to fulfil the aspiration of the people of India.
 Devolution of power to the provinces, the structure still remained unitary and centralized “ with the Governor- General
as head of whole constitutional edifice”.
 Working of Dyarchy in the provincial sphere.
 The introduction of ministerial government over a part of provisional sphere proved ineffective and failed to satisfy
Indian aspiration.
The Simon Commission: -
 A statutory commission formed in 1927 to inquire “Government of India Act, 1919”.
 Report was considered by a Round Table conference consisting the delegates of British Government and of British
India as well as the rulers of the Indian states.
 A white paper, prepared on the result of this conference, was examined by joint committee.
 The Government of India Bill was drafted in accordance with the recommendations of that committee and passed, with
certain amendments, as Government of India Act, 1935.
Communal Award: -
 Act 1935, step forward in perpetuating the communal cleavage between the Muslims and Non-Muslims communities by
prescribing separate electorates on the basis of communal award.
 Issued by Mr. Ramsay MacDonald, The British Prime Minister, on August 4, 1932 on the ground that the two major
communities had failed to come to an agreement.
 It created serious hurdle in the way of the building up of national unity.
The Government of India Act, 1935: -
 Federation and provincial autonomy.
 Dyarchy at the centre
The Legislature: -
 In the six provinces, the legislature was bi-cameral, comprising a Legislative Assembly and a Legislative Council.
 In the rest of the Provinces, the Legislature was uni-cameral.
 Apart from the Governor-General’s veto power , a Bill passed by Central Legislature was also subject to veto by the
crown.
 The Governor-General had power to prevent discussion in the Legislature and suspend the proceedings in regard to any
bill.
 He had the power to make temporary Ordinance as well as permanents Acts at any time for the discharge of his special
responsibilities.
 No bills or amendments could be introduced in the Legislature without the Governor-General’s previous sanction, with
respect to certain matters.
 Distribution of legislative power between the centre and the provinces.

It is to be noted that “ Dominion Status” which was promised by the Simon Commission in 1929, was not conferred by
the Government of India Act, 1935.
Changes introduced by the Indian Independence Act, 1947: -
 Abolition of the Sovereignty and Responsibility of the British Parliament.
The crown no longer the source of authority.
 The Governor-General and Provincial Governors to act as a constitutional heads.
 Sovereignty of the Dominion Legislature.

To be continued……………….