Historical Background of the Constitution
Historical Background of Indian Constitution
Nearly two centuries of British Acts — Regulating Act 1773 to Independence Act 1947 — shaped the Constitution. The GoI Act 1935 alone fed roughly 250 provisions into it. UPSC Prelims drops 1-2 questions on this timeline almost every year; SSC loves "which Act introduced what" matching.
Key Dates
East India Company (EIC) established by Royal Charter of Queen Elizabeth I on 31 December 1600; granted monopoly of Eastern trade; initially a purely commercial enterprise with no governmental functions
Treaty of Allahabad — EIC obtained Diwani (revenue collection rights) of Bengal, Bihar, and Orissa from Mughal Emperor Shah Alam II; beginning of territorial governance by a trading company
Regulating Act — first step by British Parliament to regulate EIC affairs; created Supreme Court at Calcutta (1774, Sir Elijah Impey as Chief Justice); Governor-General of Bengal (Warren Hastings) with Executive Council of 4
Pitt's India Act — Board of Control (6 members) for political affairs + Court of Directors (24 members) for commercial affairs; "double government" system; Governor-General's Council reduced to 3
Charter Act — extended EIC charter by 20 years; Governor-General given overriding power over council; Cornwallis Code separated revenue and judicial functions
Charter Act — ended EIC trade monopoly in India (except tea and China trade); opened India to missionaries; Rs 1 lakh annually for education; first recognition of state responsibility for Indian education
Charter Act — Governor-General of Bengal became Governor-General of India (Lord William Bentinck); ended all EIC commercial activities; Law Commission under Macaulay; attempted non-discrimination clause
Charter Act — last Charter Act; separated legislative and executive functions; open competition for civil services (Macaulay Committee 1854); local representation in legislative council; no time limit on Company charter
Government of India Act — abolished EIC after Revolt of 1857; transferred power to Crown; Secretary of State for India (15-member Council of India); Viceroy (Lord Canning); Queen Victoria's Proclamation ("Magna Carta of Indian People")
Indian Councils Act — portfolio system; Viceroy's ordinance power (now Art 123); first Indians nominated to legislative council (Raja of Benaras, Maharaja of Patiala, Sir Dinkar Rao); restored legislative powers to Bombay and Madras
Indian Councils Act — indirect elections ("nomination on recommendation"); budgetary discussions (no voting); questions to executive (no supplementary questions); concept of representative element introduced
Indian Councils Act (Morley-Minto Reforms) — separate electorates for Muslims (first communal representation); S.P. Sinha first Indian on Viceroy's Executive Council; supplementary questions and resolutions allowed
Government of India Act (Montagu-Chelmsford Reforms) — Dyarchy in provinces; bicameralism at Centre (Council of State + Legislative Assembly); direct elections; Public Service Commission; High Commissioner in London
Government of India Act — 321 sections + 10 Schedules; proposed All-India Federation (never implemented); provincial autonomy; three lists (Federal 59, Provincial 54, Concurrent 36); Federal Court; RBI; bicameral in 6 provinces
Indian Independence Act — two dominions (India, Pakistan) from 15 August 1947; abolished Secretary of State, India Council, Viceroy; sovereign Constituent Assemblies; GoI Act 1935 as interim constitution
The East India Company and the Genesis of British Indian Law
The East India Company received its Royal Charter from Queen Elizabeth I on 31 December 1600 — monopoly over Eastern trade. For 150+ years it remained purely commercial. The turning point came with the Battle of Plassey (1757) and Treaty of Allahabad (1765). The Company obtained Diwani rights of Bengal, Bihar, and Orissa from Mughal Emperor Shah Alam II. A trading company became a territorial power overnight — collecting revenue, running courts, maintaining armies — with zero parliamentary oversight. Corruption, misgovernance, and the Bengal Famine of 1770 (killing roughly one-third of Bengal's population) forced Parliament to act. Select and Secret Committee reports (1772) exposed the rot. Parliament responded with the Regulating Act of 1773. The core principle: a private body exercising sovereign functions must answer to Parliament. This evolved over 175 years into the Indian people's sovereignty over their own Constitution.
The Regulating Act of 1773 — First Step Toward Central Administration
Parliament's first legislation regulating the EIC — the starting point of centralized administration. Key provisions: (1) Governor of Bengal (Warren Hastings) became Governor-General of Bengal, with a four-member Executive Council. Decisions by majority; GG got casting vote only on ties. (2) Bombay and Madras Governors became subordinate in war, diplomacy, and revenue — first step toward unified administration. (3) Supreme Court opened at Calcutta (1774): Chief Justice Sir Elijah Impey plus three puisne judges; applied English law. (4) Company servants banned from private trade and bribes — India's first anti-corruption legislation. (5) Court of Directors had to share all correspondence with the British Government. Defects: unclear GG-Council relationship sparked the Hastings-Francis conflict; Supreme Court clashed with the Council (Nandkumar case, 1775); Parliament's supervisory power stayed vague. Despite the flaws, the Act planted the seed of constitutional governance.
Pitt's India Act 1784 — Double Government Established
PM William Pitt the Younger pushed this Act to fix the Regulating Act's defects through dual governance. Key provisions: (1) Board of Control (6 members, including Secretary of State and Chancellor of the Exchequer) supervised political and military affairs. (2) Court of Directors (24 elected shareholders) kept commercial affairs and patronage. (3) "Double government" — Board handles policy, Court handles commerce — lasted until 1858. (4) GG's Council shrank from four to three. (5) Bombay and Madras Governors became more firmly subordinate. (6) Secret Committee of three Directors handled confidential matters. (7) Company territories declared "held in trust" for the Crown — first time Indian territories officially belonged to the British nation, not the Company. This Act cemented British Government supremacy. The "double government" tension persisted 74 years until the Crown took over directly in 1858.
Charter Acts of 1793, 1813, 1833, and 1853 — Progressive Reform
Charter Acts renewed the Company's charter roughly every 20 years, each introducing major reforms. 1793: Extended charter by 20 years. GG got overriding power over Council. Cornwallis Code separated revenue and judicial functions — first formal separation of powers in British India. 1813: Ended Company's Indian trade monopoly (China trade and tea stayed). Missionaries allowed in. Rs 1 lakh/year allocated for education — first state acknowledgment of responsibility for Indian education. 1833: The landmark one. GG of Bengal became GG of India (Lord William Bentinck, first holder). Company stopped all commercial activity. Law Commission under Macaulay created — eventually producing IPC (1860), CrPC (1861), CPC (1859). Attempted non-discrimination clause: no person "should be disabled from holding any place, office, or employment by reason of his religion, place of birth, descent, or colour." Never implemented, but planted the seed for Articles 14-16. 1853: The last Charter Act. Separated legislative and executive functions for the first time. Open competition for civil services replaced patronage (Macaulay Committee 1854). Local representation introduced. No time limit on charter — Parliament could end it anytime. The 1857 Revolt made Company governance politically dead.
Government of India Act 1858 — Dawn of Crown Rule
The 1857 Revolt forced a fundamental governance overhaul. Key provisions: (1) East India Company abolished after 258 years. Governance transferred directly to the British Crown. (2) Secretary of State for India created — a Cabinet member with complete authority, assisted by a 15-member Council of India. (3) Governor-General became Viceroy — Crown's direct representative. Lord Canning became first Viceroy. (4) Board of Control and Court of Directors abolished — "double government" ended after 74 years. (5) Queen Victoria's Proclamation (1 November 1858): non-interference in religion, equal employment treatment, respect for Indian princes' rights. This Proclamation earned the title "Magna Carta of Indian People" — SSC loves asking this label. India was now governed by a responsible minister answerable to Parliament, not a corporation answerable to shareholders.
Indian Councils Act 1861 — Indians Enter Governance
Reversed the 1833 centralizing tendency and introduced key innovations. (1) Legislative powers returned to Bombay and Madras — a step toward decentralization. (2) Indians entered governance for the first time. Viceroy nominated Indians as "additional members" to an expanded council. First three nominees: Raja of Benaras, Maharaja of Patiala, Sir Dinkar Rao — all loyalists chosen for 1857 support. (3) Portfolio system introduced — GG allocated departments to individual council members. This was the embryonic cabinet system. (4) Viceroy received ordinance-making power — valid for six months without council concurrence. This power survives as Art 123 (President) and Art 213 (Governor). (5) New councils followed for Bengal (1862), North-Western Provinces (1886), Punjab (1897). Remember three takeaways: decentralized legislative power, token Indian participation, portfolio system. But additional members had no real power — could not vote on budget, ask questions, or move resolutions.
Indian Councils Act 1892 — Seed of Representative Government
Modest but significant reforms driven by the growing nationalist movement and INC demands (founded 1885). (1) Elections arrived through "nomination on recommendation" — district boards, municipalities, universities recommended candidates; GG/Governor nominated from these. The Act carefully avoided the word "election." (2) Viceroy's council expanded to 10-16 additional members. (3) Members could discuss the annual budget — major advance. But they could NOT vote, NOT move resolutions. (4) Members could question the executive — but NO supplementary questions. (5) Non-official members increased in proportion. The Act planted the elective principle and executive accountability through budget discussions. But reforms fell far short. Gokhale called the councils "toy Parliament." This inadequacy fuelled the rise of INC Extremists — Tilak, Lajpat Rai, Bipin Chandra Pal.
Indian Councils Act 1909 (Morley-Minto Reforms) — Separate Electorates
The Morley-Minto Reforms — a watershed for both its advances and its most explosive provision. (1) Central Legislative Council grew from 16 to 60 members. (2) Indians could discuss the budget, ask supplementary questions, and move resolutions for the first time. (3) S.P. Sinha became the first Indian on the Viceroy's Executive Council as Law Member. (4) The bombshell: separate electorates for Muslims. Muslim voters could only vote for Muslim candidates in reserved constituencies. Lord Minto backed it to prevent Hindu-Muslim political unity. (5) Non-official majority appeared in provincial councils. Separate electorates institutionalized communalism. The principle expanded under 1919 (Sikhs, Christians, Anglo-Indians) and the 1932 Communal Award. The Constitution finally abolished separate electorates through universal adult franchise with a single general electorate (Art 325-326). UPSC loves asking: "Which Act introduced separate electorates?" — answer: 1909.
Government of India Act 1919 (Montagu-Chelmsford Reforms) — Dyarchy
Followed Montagu's declaration (20 August 1917): "the gradual development of self-governing institutions." Key provisions: (1) Dyarchy in provinces — subjects split into "Reserved" (police, land revenue, justice, finance — under Governor via Executive Councillors, NOT responsible to legislature) and "Transferred" (education, local self-government, public health — under Indian ministers responsible to provincial council). (2) Bicameralism at Centre: Council of State (60 members, 34 elected) and Legislative Assembly (145 members, 104 elected). (3) Direct elections arrived — roughly 3% could vote. (4) Separate electorates expanded to Sikhs, Christians, Anglo-Indians, Europeans. (5) Public Service Commission created — UPSC's forerunner (Art 315). (6) Statutory review commission after 10 years (became Simon Commission, 1927). Dyarchy failed: a minister responsible for education had no control over finance (reserved subject). INC boycotted 1920 elections under Gandhi's Non-Cooperation. Exam trap: "Which Act introduced Dyarchy?" — 1919, provinces only (not Centre).
Government of India Act 1935 — The Structural Foundation of the Constitution
The most comprehensive British legislation for India — 321 sections + 10 Schedules. Based on Simon Commission, three Round Table Conferences, 1933 White Paper, and Joint Select Committee. Key provisions: (1) Proposed All-India Federation — princely states refused; never materialized. (2) Provincial Autonomy — abolished Dyarchy in provinces, introduced responsible government. (3) Dyarchy at the Centre — never implemented (no federation). (4) Three legislative lists: Federal (59), Provincial (54), Concurrent (36). The Constitution adopted this directly: Union (97), State (66), Concurrent (47). (5) Federal Court established 1937 at Delhi — SC's predecessor. (6) RBI established under this Act (April 1935). (7) Bicameral legislatures in 6 of 11 provinces. (8) Franchise expanded to ~10%. About 250 provisions flowed into the Constitution — the single largest source. Nehru called it "a machine with strong brakes but no engine." INC won 8 of 11 provinces in 1937 — first taste of governing — then resigned in 1939 over forced WWII involvement. The 1935 Act is the most-tested Act in UPSC Prelims.
Indian Independence Act 1947 — End of British Rule
Based on the Mountbatten Plan (3 June 1947), passed on 18 July 1947. Key provisions: (1) Two independent dominions — India and Pakistan — from 15 August 1947. (2) Each dominion could frame its own constitution; until then, GoI Act 1935 (modified) served as interim constitution. (3) Secretary of State, Council of India, Viceroy abolished. (4) Each dominion got a GG appointed by the King on cabinet's advice. Lord Mountbatten became India's first GG; C. Rajagopalachari succeeded as the last. (5) Both Constituent Assemblies became sovereign. (6) Crown sovereignty over ~565 princely states lapsed — free to join either dominion. (7) Title "Emperor of India" dropped. (8) Radcliffe Line partitioned Punjab and Bengal. The Act ended ~190 years of Company and Crown governance and created the legal framework for the Constituent Assembly to function as both constitution-maker and legislature until 26 January 1950.
Constitutional Sources — Detailed Borrowings from Global Constitutions
The Constituent Assembly studied 60+ constitutions. B.N. Rau (Constitutional Adviser) visited the US, UK, Canada, Ireland. "Which country inspired which feature" is a guaranteed exam question — memorize this map. GoI Act 1935 (~250 articles): federal scheme, Governor, judiciary, PSCs, emergency provisions, three lists, ordinances. Britain: parliamentary government, rule of law, single citizenship, Cabinet collective responsibility, Speaker, prerogative writs. US: Fundamental Rights, judicial review, independent judiciary, written constitution, "We the People," federal structure, impeachment. Ireland (1937): DPSPs, Presidential election by STV, 12 RS nominees. Canada (BNA Act 1867): strong centre, residuary powers with Centre, Governor appointment, SC advisory jurisdiction (Art 143). Australia: Concurrent List, freedom of trade (Art 301), joint sitting (Art 108). USSR (1936): Fundamental Duties (42nd Amendment), justice ideals. France: Republic, Liberty, Equality, Fraternity. Germany (Weimar): FR suspension during Emergency. South Africa (1909): amendment procedure, RS election method. Japan (1947): "procedure established by law" in Art 21.
Key Commissions and Committees in Constitutional Evolution
The path to the Constitution ran through numerous commissions. Macaulay Committee (1854): open competition for civil services. Aitchison Commission (1886): classified services into Imperial, Provincial, Subordinate. Lee Commission (1924): led to UPSC (Art 315). Simon Commission (1927-30): seven-member all-British commission — boycotted with "Simon Go Back." Lala Lajpat Rai injured in Lahore lathi charge (30 October 1928), died 17 days later. Nehru Report (1928): under Motilal Nehru — Indians' first constitutional framework. Demanded dominion status, bicameral Parliament, joint electorates, fundamental rights. Rejected by Muslim League (Jinnah's 14 Points, 1929). Three Round Table Conferences (1930-32): Gandhi attended Second alongside Ambedkar — led to Communal Award and Poona Pact 1932. Cripps Mission (1942): offered post-war dominion status. Gandhi called it "a post-dated cheque on a crashing bank." Cabinet Mission (May 1946): rejected Pakistan, proposed three-tier structure, set the Constituent Assembly formula. This Plan gave birth to the Assembly that drafted the Constitution.
Early Indian Demands for Constitutional Reform
Indian demands evolved from moderate reform to full independence. INC (founded 28 December 1885, A.O. Hume) initially pushed for representation and reduced home charges. "Moderates" (Gokhale, Naoroji): petitions and resolutions. "Extremists" (Tilak, Lajpat Rai, Bipin Chandra Pal — Lal-Bal-Pal): Swaraj through boycott, swadeshi, passive resistance. Swaraj Resolution (1906 Calcutta Congress, Dadabhai Naoroji) made self-rule the Congress goal. Lucknow Pact (1916): INC and Muslim League agreed on reforms including separate electorates — the only joint demand. Rowlatt Act and Jallianwala Bagh Massacre (13 April 1919, General Dyer, 379+ killed) radicalized the movement. Purna Swaraj demanded at Lahore Session (31 December 1929, Jawaharlal Nehru) — 26 January 1930 declared Independence Day. Civil Disobedience (1930-34), Quit India (8 August 1942 — "Do or Die"), INA trials (1945) intensified demands. Constituent Assembly convened 9 December 1946.
Transition from GoI Act 1935 to the Indian Constitution
The transition was deliberate, not abrupt. The GoI Act 1935 served as interim constitution from 15 August 1947 to 26 January 1950. During these 29 months, the Constituent Assembly stripped colonial provisions through the India (Provisional Constitution) Order, 1947. Provisions carried over directly: three-list system (expanded), emergency powers (modified into three types), PSC structure, Governor's office, Federal Court transformed into SC, ordinance power. Fundamental departures: FRs (Part III) and DPSPs (Part IV), universal adult franchise (37 million to 173 million voters), independent judiciary with robust judicial review, abolition of separate electorates, "We, the People" sovereignty, affirmative action (Art 15(4), 16(4), 46). Ambedkar addressed borrowing criticism: "All constitutions in their main provisions must look similar. What is necessary is that it must be able to effectively meet the needs of the country."
The Communal Award, Poona Pact, and Their Constitutional Legacy
The Communal Award (16 August 1932, PM Ramsay MacDonald) gave separate electorates to Muslims, Sikhs, Christians, Anglo-Indians, Europeans, and the "Depressed Classes." Gandhi opposed this fiercely, launched an indefinite fast at Yerwada Jail (20 September 1932). The Poona Pact (24 September 1932), negotiated between Gandhi and Ambedkar, replaced separate electorates with reserved seats within a joint electorate. The Pact gave 148 reserved seats (up from the Award's 71) in provincial legislatures. This system — reserved seats within a joint electorate — was adopted directly by Articles 330 (SC/ST reservation in Lok Sabha) and 332 (state assemblies). UPSC frequently tests: Communal Award year, Poona Pact compromise mechanism, and Art 330/332.
August Offer, Cripps Mission, and Wavell Plan — Wartime Constitutional Proposals
WWII forced British proposals as they needed Indian cooperation. August Offer (8 August 1940): Linlithgow offered expanded Executive Council and post-war constitution-making body — first British acknowledgment that Indians should draft their own constitution. Both INC and League rejected it. Cripps Mission (March 1942): offered post-war dominion status, constituent assembly, province opt-out. Gandhi: "a post-dated cheque on a crashing bank." Wavell Plan and Shimla Conference (June 1945): equal Hindu-Muslim Executive Council. Collapsed because the League insisted on nominating ALL Muslim members. These proposals progressively conceded: (1) Indian constitution-making (August Offer), (2) possibility of partition (Cripps opt-out), (3) League's claim to represent all Muslims (Wavell). Each failure pushed India closer to both independence and partition.
Cabinet Mission Plan 1946 — Blueprint for the Constituent Assembly
The most significant pre-independence constitutional initiative, sent by Attlee's Labour Government. Team: Lord Pethick-Lawrence, Cripps, A.V. Alexander. Key proposals: (1) Rejected separate sovereign Pakistan. (2) Three-tier structure: Union (defence, foreign affairs, communications) at top; Groups — A (Hindu-majority), B (Muslim-majority NW), C (Muslim-majority NE: Bengal, Assam); provinces at base with residuary powers. (3) Constituent Assembly: 389 total — 292 from British India (one per million, indirectly elected by provincial assemblies), 93 from princely states, 4 from Chief Commissioners' provinces. INC accepted but rejected compulsory grouping. League accepted in June 1946, withdrew in July. Elections July-August 1946: Congress 208, League 73. League boycotted Assembly from day one (9 December 1946). The Plan created the institutional framework that produced the Constitution.
Significance for Competitive Exams
Constitutional history appears on virtually every UPSC Prelims paper and is high-yield for SSC/banking. Most-tested patterns: (1) Act-to-provision matching — separate electorates (1909), Dyarchy (1919), provincial autonomy (1935), bicameralism at Centre (1919). (2) "First introduced by" — first Supreme Court (Regulating Act 1773), first GG of India (Charter Act 1833, Bentinck), first Indian on Executive Council (1909, S.P. Sinha), first direct elections (1919), first provincial autonomy (1935). (3) Source-to-country matching — Ireland for DPSPs, Canada for strong centre, Australia for Concurrent List. (4) GoI Act 1935 as single largest source (~250 articles). (5) Dyarchy in provinces (1919) vs Dyarchy at Centre (proposed 1935, never implemented) — classic trap. (6) Cabinet Mission formula. The 1919 and 1935 Acts get tested most, followed by 1909 and 1858.
Relevant Exams
One of the most high-yield topics in Indian Polity. UPSC Prelims tests 1-2 questions on constitutional history almost every year — frequently on the Acts of 1909, 1919, and 1935 and their key provisions. SSC and banking exams test factual recall on which Act introduced which feature. Understanding constitutional sources is critical for answering "borrowed from which country" type questions. The GoI Act 1935 is particularly important as it forms the structural backbone of the Indian Constitution. The Cabinet Mission Plan, Nehru Report, and the transition to independence are increasingly tested in Mains and Prelims.