Indian Polity Notes: Historical Background and Making of the Constitution for UPSC, PSC, SSC CGL

Detailed Notes

Chapter 1: Historical Background

The evolution of India’s political and administrative system is deeply rooted in the colonial period, particularly under the British East India Company (1600–1858) and subsequent Crown Rule (1858–1947). The British introduced several legislative and administrative measures that shaped modern India’s governance framework, culminating in the Indian Constitution of 1950. Understanding this historical trajectory is essential to appreciate the structural foundations of India’s polity.

Phases of British Rule

1. Company Rule (1600–1858)
   • The British East India Company, established in 1600, initially focused on trade but gained significant political control after the Battle of Plassey (1757) and Battle of Buxar (1764).
   • In 1765, the Company secured Diwani rights (revenue collection) in Bengal, Bihar, and Orissa, marking the transition from a trading entity to a territorial power.
   • Governance during this period was marked by exploitative policies, with minimal regard for Indian representation, laying the groundwork for centralized administration.
2. Crown Rule (1858–1947)
   • The Revolt of 1857 (First War of Independence) exposed the Company’s mismanagement, leading to its dissolution.
   • The British Crown assumed direct control through the Government of India Act, 1858, establishing a formal imperial framework.
   • This period saw gradual reforms introducing limited Indian participation, civil services, and judicial structures, influenced by growing nationalist demands.

Key British Acts and Their Impact

The British Parliament passed several landmark acts between 1773 and 1947, each contributing to the evolution of India’s governance system. These acts progressively centralized administration, introduced representative institutions, and laid the foundation for the Indian Constitution.

1. Regulating Act of 1773
   • Purpose: First attempt to regulate the East India Company’s activities, which had grown politically significant.
   • Key Provisions:
     • Upgraded the Governor of Bengal to Governor-General of Bengal (Warren Hastings was the first).
     • Established a Supreme Court in Calcutta (1774) to administer justice, introducing British judicial principles.
     • Brought the Company’s political activities under British Parliament oversight, reducing its autonomy.
   • Significance: Marked the beginning of parliamentary control over Indian affairs, setting a precedent for centralized governance.
2. Pitt’s India Act of 1784
   • Purpose: Addressed shortcomings of the Regulating Act by clarifying the Company’s role.
   • Key Provisions:
     • Introduced Dual Government in London:
       • Board of Control: Managed political affairs, ensuring British government oversight.
       • Court of Directors: Handled commercial activities.
     • Reduced the Company to a subordinate authority under the British Crown.
   • Significance: Strengthened British governmental control, separating political and commercial functions, and paving the way for direct rule.
3. Charter Acts (1793, 1813, 1833, 1853)
   • Purpose: Renewed the Company’s charter while introducing administrative and legislative reforms.
   • Key Provisions:
     • Charter Act of 1813: Ended the Company’s trade monopoly except for tea and trade with China, opening India to British traders.
     • Charter Act of 1833:
       • Elevated the Governor-General of Bengal to Governor-General of India (Lord William Bentinck was the first).
       • Centralized legislative authority under the Governor-General.
     • Charter Act of 1853:
       • Created a separate Legislative Council for law-making, distinct from the executive council.
       • Introduced open competition for Indian Civil Services (ICS), laying the foundation for modern bureaucracy.
   • Significance: These acts gradually dismantled the Company’s monopoly, centralized administration, and introduced legislative processes, influencing the Constitution’s federal structure.
4. Government of India Act, 1858
   • Purpose: Transferred governance from the Company to the British Crown post-1857 Revolt.
   • Key Provisions:
     • Abolished the East India Company.
     • Created the office of Secretary of State for India, a powerful British minister overseeing Indian affairs.
     • Replaced the Governor-General with the Viceroy, representing the British Monarch (Queen Victoria).
   • Significance: Marked the onset of direct Crown Rule, with India declared the “brightest jewel in the crown.” It established a centralized imperial framework, influencing the unitary features of the Indian Constitution.
5. Indian Councils Act, 1861
   • Purpose: Introduced limited Indian participation in governance.
   • Key Provisions:
     • Expanded Legislative Councils to include Indian nominees (wealthy and loyal) for law-making.
     • Allowed the Viceroy to nominate members to the Executive Council.
   • Significance: Initiated representative institutions, albeit limited, setting the stage for future democratic reforms.
6. Indian Councils Act, 1892
   • Purpose: Expanded Indian representation in response to nationalist demands.
   • Key Provisions:
     • Increased the number of Indian members in Legislative Councils.
     • Introduced indirect elections, where members were nominated by local bodies.
   • Significance: Advanced the concept of representation, though still controlled, influencing the Constitution’s electoral framework.
7. Indian Councils Act, 1909 (Morley-Minto Reforms)
   • Purpose: Responded to growing Indian political aspirations.
   • Key Provisions:
     • Introduced separate electorates for Muslims, institutionalizing communal representation.
     • Allowed Indians to discuss the Budget for the first time.
     • Appointed Indians to high positions (e.g., Satyendra Prasad Sinha to the Viceroy’s Executive Council).
   • Significance: While a step toward representation, the introduction of separate electorates sowed seeds of communalism, impacting India’s political unity and later constitutional debates.
8. Government of India Act, 1919 (Montague-Chelmsford Reforms)
   • Purpose: Introduced limited self-governance in response to nationalist movements.
   • Key Provisions:
     • Established Dyarchy in provinces:
       • Transferred Subjects (e.g., education, health) managed by Indian ministers.
       • Reserved Subjects (e.g., police, revenue) controlled by British officials.
     • Introduced direct elections for Legislative Councils.
     • Set up a bicameral legislature at the Centre: Central Legislative Assembly and Council of States.
   • Significance: Marked a significant step toward responsible government, influencing the federal and legislative structures of the Constitution.
9. Government of India Act, 1935
   • Purpose: Proposed a federal framework for India, responding to demands for greater autonomy.
   • Key Provisions:
     • Proposed an All India Federation (never implemented due to princely states’ resistance).
     • Introduced Provincial Autonomy, granting provinces significant legislative powers.
     • Established a Federal Court, a precursor to the Supreme Court.
     • Expanded the franchise, increasing the number of eligible voters.
   • Significance: The Act’s federal structure, division of powers, and judicial framework served as a blueprint for the Indian Constitution, particularly in federalism and judicial independence.
10. Indian Independence Act, 1947
    • Purpose: Facilitated India’s transition to independence.
    • Key Provisions:
      • Declared India and Pakistan as independent dominions from August 15, 1947.
      • Abolished British rule, ending the Viceroy’s authority.
      • Empowered the Constituent Assembly to frame India’s Constitution as a sovereign body.
    • Significance: Marked the culmination of British rule, enabling India to establish a sovereign democratic republic through its Constitution.

Key Outcomes of British Rule

The British legislative acts laid the foundation for:

• Centralized Administration: From Company to Crown rule, a unified administrative system evolved, influencing the Constitution’s unitary features.
• Civil Services: The Indian Civil Service (ICS), introduced via the Charter Act of 1853, became the precursor to modern bureaucracy.
• Judiciary: The Supreme Court (1774) and Federal Court (1935) set the stage for an independent judiciary.
• Representative Institutions: Gradual introduction of legislative councils and elections shaped India’s parliamentary democracy.

These developments, though driven by colonial interests, provided structural elements that the Constituent Assembly adapted into the Indian Constitution, balancing unity with regional diversity.

Chapter 2: Making of the Constitution

The Indian Constitution, enacted on January 26, 1950, is a monumental document reflecting India’s aspirations for democracy, justice, and sovereignty. Crafted by the Constituent Assembly, it emerged from a democratic process rooted in India’s freedom struggle, rejecting British imposition and embodying the will of “We, the People of India.”

Historical Context

The idea of a Constituent Assembly evolved over decades, driven by nationalist demands:

• 1934: M.N. Roy, a communist leader, first proposed a Constituent Assembly to frame India’s Constitution.
• 1935: The Indian National Congress (INC) officially demanded a Constituent Assembly, reflecting aspirations for self-governance.
• 1940: The August Offer by the British acknowledged Indians’ right to frame their Constitution, a response to wartime pressures.
• 1942: The Cripps Mission proposed a Constituent Assembly but failed due to disagreements over its structure.
• 1946: The Cabinet Mission Plan provided a concrete framework for forming the Constituent Assembly, marking a decisive step toward independence.

Formation of the Constituent Assembly

• Established: November 1946, under the Cabinet Mission Plan.
• Composition:
  • Initially 389 members, reduced to 299 after the partition created Pakistan.
  • Members were indirectly elected by provincial legislatures using proportional representation, not universal adult suffrage.
  • Represented diverse groups: Indian National Congress, Muslim League (later boycotted), minorities (Sikhs, Christians, Anglo-Indians), and Princely States.
• Significance: Despite indirect elections, the Assembly was broadly representative, including legal scholars, nationalists, and social reformers, ensuring legitimacy.

Functioning of the Constituent Assembly

• First Meeting: December 9, 1946.
• Leadership:
  • Temporary President: Dr. Sachchidananda Sinha (oldest member).
  • Permanent President: Dr. Rajendra Prasad.
  • Vice-President: H.C. Mukherjee.
  • Constitutional Advisor: Sir B.N. Rau, who prepared the initial draft framework.
• Key Tasks:
  • Framed the Constitution of India.
  • Served as the first Parliament (1947–1950), enacting interim laws.
• Muslim League Boycott: Post-partition, the League’s withdrawal reduced opposition, allowing Congress-led deliberations to dominate.

Objective Resolution

• Introduced: By Jawaharlal Nehru on December 13, 1946.
• Purpose: Set the philosophical foundation for the Constitution.
• Key Features:
  • Declared India as an independent, sovereign republic.
  • Guaranteed justice, liberty, equality for all citizens.
  • Ensured safeguards for minorities, backward, and tribal communities.
  • Promoted world peace and international cooperation.
• Significance: Formed the basis for the Preamble, encapsulating India’s democratic and inclusive vision.

Committees of the Constituent Assembly

To manage the complex task of Constitution-making, the Assembly formed several committees:

• Major Committees:
  • Union Powers Committee (Chaired by Nehru): Defined Union powers.
  • Union Constitution Committee (Nehru): Drafted the Union’s governance structure.
  • Provincial Constitution Committee (Sardar Patel): Outlined state-level governance.
• Minor Committees:
  • Advisory Committee on Fundamental Rights (Patel): Shaped Fundamental Rights and minorities’ protections.
  • Drafting Committee (most critical):
    • Chairman: Dr. B.R. Ambedkar.
    • Members: Alladi Krishnaswami Ayyar, K.M. Munshi, Mohammad Saadullah, N. Madhava Rau, T.T. Krishnamachari, and others.
    • Task: Prepared the final draft Constitution, consolidating committee reports.

Dr. B.R. Ambedkar: Father of the Indian Constitution

• Role: As Chairman of the Drafting Committee, Ambedkar synthesized diverse inputs, finalized the Constitution’s structure, and championed provisions for social justice, Fundamental Rights, and equality.
• Significance: His legal acumen and commitment to marginalized communities ensured an inclusive framework, earning him the title “Father of the Indian Constitution.”

Timeline of Constitution-Making

• December 9, 1946: First meeting of the Constituent Assembly.
• December 13, 1946: Nehru’s Objective Resolution introduced.
• August 15, 1947: India gained independence; Assembly became sovereign.
• November 26, 1949: Draft Constitution adopted.
• January 26, 1950: Constitution came into force, marking Republic Day.
• Duration: 2 years, 11 months, 18 days, with 11 sessions and an expenditure of approximately ₹6.4 crore.

Features of the Constitution-Making Process

• Democratic: Extensive debates on every clause, resembling a mini-parliament.
• Consultative: Incorporated views from provinces, minorities, and communities, ensuring inclusivity.
• Transparent: Open discussions, with records of proceedings published.
• Comprehensive: Addressed governance, rights, federalism, and social justice, drawing from global constitutions (e.g., USA, Ireland) and British-era frameworks.

Criticisms of the Constituent Assembly

• Not Directly Elected: Members were chosen by provincial legislatures, not universal suffrage, raising questions about representativeness.
• Congress Dominance: The INC’s majority influence led to claims of bias.
• Limited Representation: Underrepresentation of women and certain communities (e.g., Scheduled Tribes).
• Counterpoint: The Assembly’s legitimacy stemmed from its diverse composition, inclusion of legal luminaries (e.g., Ambedkar, Nehru, Patel), and broad societal acceptance, overcoming these criticisms.

Legacy and Significance

• The Constituent Assembly crafted the world’s longest written Constitution, balancing India’s diversity with national unity.
• The Preamble, inspired by the Objective Resolution, embodies the spirit of “We, the People of India,” reflecting popular sovereignty.
• Key contributions included:
  • Democratic Republic: Established India as a sovereign, democratic nation.
  • Fundamental Rights: Ensured justice and equality, inspired by British-era demands for representation.
  • Federal Structure: Drew from the Government of India Act, 1935, adapting federalism to India’s context.
• Notable figures like H.V. Kamath (Preamble debates) and B.N. Rau (initial draft) enriched the process, with Krishna Iyer later calling the Assembly “the soul of Indian democracy.”

Influence of British Acts on the Constitution

The British legislative framework profoundly shaped the Constitution:

• Centralized Administration: The Government of India Act, 1858, and 1935 Act inspired the unitary features and division of powers.
• Legislative Councils: From the Indian Councils Acts to the 1919 Act, the concept of representative governance evolved, influencing Parliament’s structure.
• Judiciary: The Supreme Court (1774) and Federal Court (1935) laid the groundwork for an independent judiciary.
• Federalism: The 1935 Act’s federal vision, though unimplemented, informed the Constitution’s Union-State framework.

Key Takeaways

• The historical background illustrates a gradual transition from colonial exploitation to limited self-governance, driven by nationalist pressures.
• The Constituent Assembly transformed these foundations into a democratic Constitution, reflecting India’s unique socio-political context.
• The interplay of British reforms and Indian aspirations ensured a robust, inclusive constitutional framework, making it a “magnificent venture” (Nehru).