Constitutional Framework
- Historical Background – Company Rule, Crown Rule and Independence Act.
- Making of Constitution.
- Salient Features of the Constitution.
- Preamble of the Constitution.
- Union and its territories.
- Citizenship
- Fundamental Rights.
- Directives Principles of state policy.
- Fundamental Duties.
- Amendment of Constitution.
- Basic Structure of Constitution.
System of Government
- Parliamentary System.
- Federal System.
- Centre State Relation.
- Inter State Relation.
- Emergency Provisions.
Union Government
- President
- Vice – President.
- Prime Minister.
- Central Council of Minister
- Cabinet Committees.
- Parliament
- Parliamentary Committees, Forum, Groups.
- Supreme Court.
- Judicial Review.
- Judicial Activism.
- Public Interest Litigation.
State Government
- Governor
- Chief Minister.
- State Council of Ministers.
- State Legislatures.
- High court.
- Tribunals
- Subordinate Courts.
- Special Provisions for Some states.
Local Government
- Panchayati Raj and Municipal Corporation
Union Territories and Special Areas
- Union Territories.
- Scheduled and Tribal Areas.
Constitutional Bodies
- Election Commission
- UPSC
- SPSC
- Finance Commission
- Goods and Services Tax Council.
- National Commission for SCs.
- National Commission for STs.
- National Commission for OBCs.
- Special Officer for Linguistic Minorities.
- Comptroller and Auditor General of India.
- Attorney General of India.
- Advocate General of India.
Non-constitutional Bodies
- NITI Aayog.
- NHRC – National Human Right Commission.
- State Human Rights Commission.
- Central Information Commission.
- State Information Commission.
- Central Vigilance Commission.
- Central Bureau of Investigation.
- Lokpal and Lokayuktas.
- National Investigation Agency.
- National Disaster Management Authority.
Other Constitutional Dimensions
- Co-operative Societies.
- Official Language.
- Public Services.
- Rights and Liabilities of the Government.
- Special Provisions Relating to Certain Classes.
Political Dynamics
- Political Parties.
- Role of Regional Parties.
- Elections
- Election Laws.
- Electoral Reforms.
- Voting Behaviour.
- Coalition Government.
- Anti-Defection Law.
- Pressure Groups.
- National Integration
- Foreign Policy.
Working of the Constitution
- National Commission to Review the Working of the Constitution.
- British came to India as traders in 1600 in form of East India Company.
- Company has exclusive right to trade with India under a charter granted by Queen Elizabeth 1.
- In 1765, Company got Diwani Rights of Bengal, Bihar and Orissa, hence changes its character from trading to territorial power in India.
- From 1765 to 1857, Regulations were made to control the trading activities and expansionism.
- In 1858, Sepoy mutiny or First War of Independence happened, involving leaders like Rani Laxmi bai from Gwalior, Mangal Pandey etc.
- From 1858 to 1947, Crown rule imposed, and rules were made to govern Indian Territory from Britain.
- Gradually, with awakening of sense of national pride, Freedom struggle started and watch many phases.
- Indian freedom struggle is divided into many phases i.e. Liberal, Moderate, Extremism phase, Gandhian, Revolutionary etc.
- In 1947, India got Independence with Enactment of India Independence Act of 1947.
- A constituent Assembly was formed in 1946 and on 26 January, 1950 Constitution of India came into being.
- So, we can say that Indian Constitution and Polity, have roots in British rule that laid down the fundamental legal framework of India.
- Such Events have greatly influenced Indian Constitution and we will study gradually them.
Regulating Act of 1773
- Regulating Act of 1773
- Designated Governor of Bengal as Governor General of Bengal. Lord Warren Hasting was first Governor General.
- Created an Executive Council of 4 members to help the Governor-General of Bengal.
- Governor of Madras and Governor of Bombay subjugated under GG of Bengal.
- Establishment of Supreme Court of India. Lord Impey was first Chief Justice.
- Prohibited Company servants in any private trade, accepting bribes from natives.
- A Governing body was formed i.e. Court of Director to strengthened control of British Government over company affairs.
- Now, Company had to report on revenue, civil and military affairs to Court of Directors in India.
Importance of Act
- Recognized political and administrative function separately of company.
- Initiation of Centralization in India and hence laid foundation of Centralization.
Amending act of 1781
This Act was implemented to rectify the defects of Act of 1773. Also known as Act of Settlement
- Exempted Governor-General from Jurisdiction of Supreme Court and also his servants for their official actions.
- Provided that Supreme court only to have jurisdiction over people of Calcutta.
- Hindus govern by Hindus Laws and Muslim by Mohammedan laws.
- Empower Governor General in Council to frame regulations for Provincial Courts and Councils.
Pitts India Act of 1784
- Distinguished Commercial and political functions of Company.
- Allowed Court of Directors to manage commercial affairs.
- Created Board of Control to administer political, civil and military functions.
This Act was remember for two reasons:
- Company territories called British possessions in India.
- British Government given supreme control over Company affairs.
Act of 1786
- Lord Cornawallis was approached to become the Governor-General of Bengal, he requested 2 conditions to accept the position.
- Power to override the Executive council decision
- Supreme Commander in Chief of Military.
Both conditions were accepted under this Act of 1786.
Charter Act of 1793
- Powers provided to Lord Cornawallis was extended to all future’s governors.
- Sub-ordination of all governors and presidencies.
- Extension of Trade monopoly for another 20 years.
- Board of Control and their staff will be paid out of revenue from India.
Charter Act of 1813
- Abolished the trade monopoly with India. However, TEA Trade monopoly retained with China.
- Asserted the Crown sovereignty and authority over EIC.
- Christian missionaries permitted.
- Provision of spreading western education in India.
- Authorized local government to levy the taxes in India and punish for not paying taxes.
Charter Act of 1833
- General Governor of Bengal referred as General Governor of India. All Civil and military powers were vested in him.
- Centralization of Government, Created a Central Government that has authority over all India.
- Deprived Governor of Bombay and Madras of their power and made sub-ordinate to Governor General of Bengal.
- Changed nature of EIC from commercial to politico-adminsitrative.
- Attempted to establish a System of open recruitment for civil servants and stated that India should not be debarred from exam. However, Board of Director opposed it.
Charter Act of 1853
- Last series of Charter act and hence significant constutional landmark.
- Legislative and Executive functions are separated – 6 members Indian Legislative Assembly was established.
- Introduced Open Competition system of civil servants for Indian.
- Covenanted Civil Services was thrown open to Indians. Accordingly, the Macaulay Committee ( Committee on India Civil Services ) was appointed in 1854.
- Extended Company Rule and allowed it to retain the possession of Indian Territories on trust of British Crown. It did not specify the any particular period.
- Introduced Local Representation in Indian Legislative Council. –
- Total 6 members – 4 members were appointed by provincial Governments of Madras, Bombay and Bengal and Agra.
Good Government of India, 1858
- Abolished EIC and transferred power to Government, Territories, revenues to British Council.
- Designation of Governor -General of India changed to Viceroy of India.
- Act created a new office in Britain i.e. Secretary of State for India ( Complete Authority over India Administration).
- Secretary of State is member of British Cabinet and was responsible to British parliament.
- 15 member council to assist the Secretary of State. Council was advisory nature. Secretary of State was chairman of Council of India.
- It ended the system of Dual Government. Eliminated the Court of Directors and Board of Control.
- This act focused on administration reform just to control the Indian Territories.
Indian Council Acts of 1861
- Beginning of representational institution via nominations by viceroy as non-official members.
- Lord Canning appointed the Raja of Banaras, Maharaja of Patiala and Sir Dinkar Rao.
- Restored legislative powers of Bombay and Madras Presidencies ( Reversal of central tendencies).
- New Legislative Councils were made – Punjab, North Western Frontier Province, Bengal.
- Viceroy made rules for convenient transaction of business of house.
- Portfolio System – Viceroy was in-charge of same. He can issue final order on behalf of a department.
- Ordinance making power to Viceroy and it’s validity for 6 months.
Indian Council Act of 1892
- Increased Non-official members of Indian Legislative council and provincial legislative councils. However, official majority remains.
- Increased functions of legislative councillors like Discussing budget provisions.
- Nominations of some non-official members :
- Central Legislative council – Recommendation of Provincial legislative councils and Bengal chamber of commerce
- Provincial legislative council – Recommendation of district boards, municipalities, universities, trade associations, zamindars and chambers.
- Act made limited and indirect provision for use of election in filling non-official seats.
Indian Council Act of 1909
- Also called Morley-Minto Reforms.
- Morley – Secretary of State of India.
- Minto – Viceroy of India.
- Increased Number of Non-Official members in Provincial Legislative council, not in Indian Legislative council.
- Power of Indian Legislative councillors were increased – Budget and supplementary questions.
- Association of Indian in viceroy’s Executive council – Satyendra Prasad Sinha.
- Introduced System of Communal Representation for Muslim (Start of communalism).
- Lord Minto – Father of Communal Electprate.
- Separate Representation for presidency corporation, Bengal Chamber of Commerce, universities and Zamindars.
Government of India Act, 1919
- 20 August, 1917 : British Government declared that gradual introduction of responsible Government in India
- Also called Chelmsford-Montagu reform act, 1919.
- Relaxed control over provinces -> Two Subject List -> Central and Provincial list.
- Again in Provinces – two subjects -> Transferred (Governor with help of council of minister) and Reserved (Governor and his executive council).
- Above System is called Dyarchy (Two Subject list)
- Bi-cameralism and direct election in country
- Indian Legislative council replaced by Upper house and Lower House.
- 3 out of 6 members of Executive Council of Viceroys.
- Extension of Communal representation -> Sikhs, Anglo-Indians and Europeans.
- Granted Limited Franchise to vote based on Property, Education and tax.
- Created new office of Commissioner to support secretary of State of India.
- Separated Provincial and Central Budget.
- Provinces can make budgetary provision independently.
- Appointment of statutory commission for reviewing and reporting on working of 1919 Act after 10 years.
Simon Commission
- November, 1927 (2 years before schedule) – Britain Government made 7 British member commission under Sir John Simon to report on Condition of India under new Constitution.
- Submitted its report in 1930.
- Recommended – Abolition of Dyarchy, Extension of Responsible Government, Establishment of Federation of British India and Princely states, Continuity of communal electorates.
- To consider Simon Commission, British Government conveyed 3 round table conferences to discuss “White paper on Constitutional Reforms” and Submitted to joint Select Committee of British Parliament.
- Recommendation were incorporated in 1935 Act.
Communal Award
- August 1932 – Ramsay MacDonald announced the scheme of representation for minorities called Communal Award.
- Separate Electorates for Depressed class.
- Gandhi opposed idea, took fast unto to death in Yerawada Jail.
- Agreement – Congress and B.R. Ambedkar signed POONA PACT.
- POONA PACT – Reserved Seats for Depressed Class.
Government Act of Indian Act, 1935
- Federation of Princely states, British Territories in India. Federation never came to existence as princely state oppossed it.
- Two Subject list – Provincial and Federal List
- Residuary power to viceroy.
- Abolition of Dyarchy in Provinces. Provinces allowed to act as autonomous units of their administration in their defined spheres.
- Act introduced responsible Government in provinces.
- Governor to act on advice of Council of Ministers responsible to Legislature.
- Came to Effect – 1937, discontinued in 1939.
- Provided adoption of diarchy a Centre. This Feature did not came into effect.
- Introduced Bi-cameralism in 6 out of 11 provinces.
- Extended Principal of Communal Electorates for depressed Class, Women and Labours.
- Extended Franchise – About 10% of total population get voting rights.
- Establishment of Reserve bank of India – Control and Credit of Currency.
- Establishment of Federal Public Services, Provincial Public Services and Joint Public Services.
- Establishment of Federal Court which was set up in 1937.
Indian Independence Act, 1947
20 February 1947, British PM Clement Atlee declared that British rule in India would end by June 30, 1948.
Power transferred to Responsible Indian Hands
Muslim League demanded Partition of Indian based on two nation Theory and agitated on 3rd June, 1947
3 June 1947 – Lord Mount Batten (Viceroy of India) created Mount Batten Plan(Partition Scheme)
Plan was adopted by Congress and Muslim League and Immediate Effect was given to plan as Indian Independence Act.
Features of Act:
- Ended British Rule in India, Declared India Independent and Sovereign from 15 August, 1947.
- provided partition of India into two independent dominions.
- Abolished Viceroy and it’s Council.
- Governor General Appointment by British King on Recommendation of Dominion Cabinet. British Government has no responsibility with respect to two Dominion Governments.
- Empowered Constitution Assemblies to make their Consititution, repeal any act, make any act.
- Abolished Office of Secretary of State of India and transferred his function to Secretary state for Common Wealth Affairs.
- Proclaimed lapse of British Paramountcy over Indian Princely state and treat relations with Tribal areas from August 15, 1947.
- Granted freedom to Princely state – Either join Any Dominion or remain independent.
- Provided Governance of Each Dominion with Act of 1935, Until new Constitution is not formed.
- Deprived British Monarch to Veto or ask for reservation of Certain Bills (Governor General has full Power to assent to any bill in his name of his majesty).
- Dropped Title of Emperor of King from Royal Titles of King of England.
- Discontinued – Appointment to Civil Services, But Employed servant will have no impact on their jobs.
- Designated Nominal Head of Government – Governor General / Governor.
At Stroke of Midnight 14-15 August, 1947, British Rule came to an end and Power transferred to Dominion of India.
Lord Mountbatten becomes first Governor general of Independent Dominion of India.
First Prime Minister : Pandit Jawaharlal Nehru
Constituent Assembly that formed in 1946 acted as Temporary Parliament.
Center State Relations
Constitution of India, being in federal in structure, divides all power i.e. legislative, executive, Financial. We have integrated Judiciary to enforce central and state laws.
Center and states are supreme in their respective fields, the harmony and co-ordination is essential for effective operation of federal system.
Center and State relation are studied in 3 ways:
1. Legislative Relations.
2. Administrative Relations.
3. Financial Relations.
Legislative Relations
Administrative Relations
Financial Relations
