Historical Background of the Constitution
Historical Background of Indian Constitution
The Indian Constitution draws from multiple sources and evolved through a series of British Acts and constitutional experiments spanning nearly two centuries. Understanding the historical background — from the Regulating Act of 1773 to the Indian Independence Act of 1947 — is essential for grasping how parliamentary government, federalism, and civil liberties were incrementally introduced and adapted in India. The Government of India Act, 1935 alone contributed roughly 250 provisions to the final document. Each successive Act responded to Indian demands, imperial strategic needs, and the evolving understanding of governance, creating a layered constitutional heritage that the Constituent Assembly inherited and transformed into the world's longest written Constitution.
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 was granted a Royal Charter by Queen Elizabeth I on 31 December 1600, giving it monopoly over Eastern trade. For over 150 years, it operated primarily as a commercial enterprise. The decisive transformation came with the Battle of Plassey (1757) and the Treaty of Allahabad (1765), when the Company obtained the Diwani (revenue collection rights) of Bengal, Bihar, and Orissa from Mughal Emperor Shah Alam II. This made the EIC a territorial power exercising governmental functions — collecting revenue, administering justice, and maintaining armies — without any parliamentary oversight. The resulting corruption, misgovernance, and Bengal Famine of 1770 (which killed an estimated one-third of Bengal's population) alarmed the British Parliament. Select Committee and Secret Committee reports in 1772 exposed the Company's maladministration. It was in this context that Parliament first intervened to regulate the Company's affairs through the Regulating Act of 1773 — marking the beginning of constitutional history for British India. The significance lies in the principle established: a private commercial body exercising sovereign functions must be subject to parliamentary control — a principle that evolved over the next 175 years into full British parliamentary sovereignty over India, and ultimately into the Indian people's sovereignty over their own Constitution.
The Regulating Act of 1773 — First Step Toward Central Administration
The Regulating Act of 1773 was the first legislation by the British Parliament to regulate the affairs of the East India Company in India. It marked the beginning of a centralized administration. Specific provisions: (1) The Governor of Bengal (Warren Hastings) was designated Governor-General of Bengal, with an Executive Council of four members (Philip Francis, Clavering, Monson, and Barwell). Decisions were by majority; the Governor-General had a casting vote only in case of a tie. (2) The Governors of Bombay and Madras were made subordinate to the Governor-General of Bengal in matters of war, diplomacy, and revenue — this was the first step toward a unified Indian administration. (3) A Supreme Court was established at Calcutta in 1774 as a court of record, with Chief Justice Sir Elijah Impey and three puisne judges, applying English law. It had civil, criminal, admiralty, and ecclesiastical jurisdiction over British subjects in Bengal, Bihar, and Orissa. (4) Company servants were prohibited from engaging in private trade or accepting bribes and gifts from Indians — the first anti-corruption legislation for India. (5) The Court of Directors was required to share all revenue, civil, and military correspondence with the British Government. Defects: the relationship between the Governor-General and his Council was not clearly defined (leading to the famous conflict between Hastings and Francis); the Supreme Court's jurisdiction vis-a-vis the Council's authority was ambiguous (Nandkumar case, 1775); and the supervisory power of Parliament remained vague. Despite these defects, the Act established the foundational principle that the Company was a public trustee accountable to Parliament — the seed of constitutional governance in India.
Pitt's India Act 1784 — Double Government Established
Pitt's India Act (formally the East India Company Act 1784), introduced by Prime Minister William Pitt the Younger, rectified the defects of the Regulating Act by creating a clear system of dual governance. Key provisions: (1) A Board of Control was established in London with 6 members, including the Secretary of State (President of the Board) and the Chancellor of the Exchequer, to supervise and control the Company's political and military affairs in India. (2) The Court of Directors (24 members elected by Company shareholders) retained management of commercial affairs and patronage. (3) This created the system of "double government" — the Board controlled policy while the Court handled commerce — which continued until 1858. (4) The Governor-General's Council was reduced from four members to three, making the Governor-General's casting vote more effective. (5) The Governors of Bombay and Madras were made more firmly subordinate to the Governor-General. (6) A Secret Committee of three Directors was created to handle confidential matters. (7) The Act made Company territories "held in trust" for the Crown, establishing for the first time that Indian territories belonged to the British nation, not to the Company. Significance: The Act established the supremacy of the British Government over the Company and laid the foundation for the eventual direct Crown rule. The "double government" created inherent tensions — political control from London through the Board vs. administrative execution through the Court — that persisted for 74 years. The concept of India being held "in trust" had profound implications for the legitimacy of British rule and later for Indian demands for self-governance.
Charter Acts of 1793, 1813, 1833, and 1853 — Progressive Reform
The Charter Acts renewed the Company's charter at roughly 20-year intervals, each introducing significant reforms. Charter Act of 1793: Extended the Company's charter by 20 years. Governor-General was given overriding power over his Council. The Cornwallis Code was enacted, separating revenue and judicial administration — the first formal separation of powers in British India. The Act also established the principle that the Governor-General's government and subordinate officials were to be governed by written regulations. Charter Act of 1813: Ended the Company's monopoly of Indian trade, opening India to all British merchants (the China trade and tea monopoly were retained). Permitted Christian missionaries to enter India for the first time. Allocated Rs 1 lakh (100,000 rupees) annually for "the revival and improvement of literature and the encouragement of the learned natives of India, and for the introduction and promotion of a knowledge of the sciences among the inhabitants of British territories in India" — the first recognition of state responsibility for education. The Governor-General's government was given supremacy over all subordinate governments. Charter Act of 1833: A landmark act that (1) made the Governor-General of Bengal the Governor-General of India (Lord William Bentinck, first holder), with superintendence, direction, and control over the entire British Indian territory; (2) ended all commercial activities of the Company, making it a purely administrative body on behalf of the Crown; (3) created a Law Commission under Lord Macaulay to codify Indian law — resulting eventually in the Indian Penal Code (1860), Criminal Procedure Code (1861), and Civil Procedure Code (1859); (4) attempted to introduce a non-discrimination clause: "no native of India, nor any natural-born subject of His Majesty, should be disabled from holding any place, office, or employment by reason of his religion, place of birth, descent, or colour" — this provision was not implemented but planted the seed that eventually grew into Article 14-16 of the Indian Constitution; (5) allowed the Governor-General to legislate for the whole of British India (centralizing legislation). Charter Act of 1853: The last Charter Act, it (1) separated legislative and executive functions of the Governor-General's Council for the first time — a six-member legislative council was created that functioned as a mini-Parliament with procedures resembling British parliamentary practice; (2) introduced the principle of open competition for selection of civil servants, based on the Macaulay Committee report of 1854, replacing the patronage system; (3) introduced local representation — four of the six legislative council members were appointed by provincial governments of Madras, Bombay, Bengal, and Agra; (4) did not specify a time limit for the Company's charter, signaling that Parliament could terminate it at any time. The 1853 Act was the last attempt to reform Company rule; the Revolt of 1857 made continuation of Company governance politically untenable.
Government of India Act 1858 — Dawn of Crown Rule
Enacted in the aftermath of the Revolt of 1857 (Sepoy Mutiny/First War of Independence), this Act brought about a fundamental transformation in India's governance. Key provisions: (1) The rule of the East India Company was abolished and governance transferred directly to the British Crown — ending 258 years of Company involvement in India. (2) The office of the Secretary of State for India was created — a member of the British Cabinet with complete authority over Indian administration, assisted by a 15-member Council of India as an advisory body. The Secretary of State was to be a member of Parliament, ensuring parliamentary accountability. (3) The Governor-General of India was designated as the Viceroy of India — the direct representative of the British Crown. Lord Canning, the last Governor-General under the Company, became the first Viceroy. (4) The Board of Control and the Court of Directors were both abolished, ending the "double government" system that had existed since 1784. (5) The Act provided that all treaties and agreements made by the Company would be binding on the Crown, ensuring continuity. (6) Queen Victoria's Proclamation of 1 November 1858 declared several foundational policies: non-interference in religious matters of Indians; equal treatment of Indian and British subjects in matters of employment (echoing the 1833 Charter Act's unfulfilled promise); respect for the rights, dignity, and honour of Indian princes; and no further territorial expansion by conquest. This Proclamation is called the "Magna Carta of Indian People" and laid the philosophical foundation for equality provisions later incorporated into the Constitution. The Act established a unitary and highly centralized administration directly under parliamentary authority — India was now governed by a responsible minister answerable to Parliament, not by a commercial corporation answerable to shareholders. This structural shift from Company to Crown proved permanent; the next 89 years (1858-1947) witnessed the gradual introduction of representative institutions that culminated in independence.
Indian Councils Act 1861 — Indians Enter Governance
The Indian Councils Act of 1861 was the first legislative reform after the establishment of Crown rule. It reversed the centralizing tendency of the Charter Act of 1833 and made several important innovations: (1) It restored legislative powers to the Bombay and Madras Presidencies, allowing them to make laws for their respective territories — a step toward decentralization. (2) It began the process of associating Indians with governance — the Viceroy was empowered to nominate Indians as "additional members" to his expanded legislative council. The first three Indian nominees were the Raja of Benaras, the Maharaja of Patiala, and Sir Dinkar Rao — all loyalist figures chosen for their support during the 1857 revolt. The legislative council could have 6-12 additional members with a two-year term. (3) It introduced the portfolio system — the Governor-General was empowered to allocate departments to individual council members, each of whom would administer their portfolio. This was the embryonic form of the cabinet system. (4) It empowered the Viceroy to issue ordinances without the council's concurrence in case of emergency, valid for six months — this ordinance-making power survives in Article 123 (President) and Article 213 (Governor) of the Indian Constitution. (5) New legislative councils were subsequently established for Bengal (1862), North-Western Provinces (1886), and Punjab (1897). The Act was significant in three ways: it decentralized legislative power, it began Indian participation in governance (however token), and it introduced the portfolio system. However, the additional members had no real power — they could not vote on the budget, ask questions, or move resolutions. They were nominated, not elected, and served purely at the Viceroy's pleasure.
Indian Councils Act 1892 — Seed of Representative Government
The Indian Councils Act of 1892 represented a modest but significant advance toward representative government. Driven by the growing nationalist movement and the INC's demands (founded 1885), it introduced several reforms: (1) It introduced the concept of elections through a process of "nomination on recommendation" — members of district boards, municipalities, universities, chambers of commerce, and other bodies would recommend candidates to the Governor-General/Governor, who would then nominate from among those recommended. The word "election" was carefully avoided in the Act itself, but the process was effectively indirect election. (2) It enlarged the legislative councils — the Viceroy's council could have 10-16 additional members, provincial councils also expanded. (3) Members were empowered to discuss the annual budget — a significant advance, as financial accountability is the cornerstone of parliamentary government. However, they could NOT vote on the budget, could NOT move resolutions, and the budget remained purely an executive document. (4) Members could ask questions to the executive on matters of public interest — but they could NOT ask supplementary questions, and the executive could refuse to answer on grounds of public interest. (5) The Act maintained the distinction between official (government) and non-official (elected/nominated) members, but increased the proportion of non-official members. Significance: The Act planted the seed of the elective principle in India, introduced the concept of executive accountability through budgetary discussions and questions, and recognized — however cautiously — the principle that the governed should have a say in governance. However, these reforms fell far short of Indian demands. Gopal Krishna Gokhale called the councils "toy Parliament," and Surendranath Banerjea described them as "mere shadows of Parliaments." The inadequacy of these reforms contributed to the rise of the "Extremist" faction within the INC (Tilak, Lajpat Rai, Bipin Chandra Pal).
Indian Councils Act 1909 (Morley-Minto Reforms) — Separate Electorates
The Indian Councils Act of 1909, known as the Morley-Minto Reforms (after Lord Morley, Secretary of State, and Lord Minto, Viceroy), was a watershed moment in Indian constitutional history — both for its advances and for its most controversial provision. Key provisions: (1) Legislative councils were significantly enlarged — the Central Legislative Council was expanded from 16 to 60 members; provincial councils also grew. (2) For the first time, Indians were allowed to discuss the budget, ask supplementary questions, and move resolutions on matters of public policy. (3) Satyendra Prasad Sinha (later Lord Sinha) became the first Indian member of the Viceroy's Executive Council as Law Member — breaking the all-British monopoly on the executive. (4) The most controversial provision: separate electorates for Muslims — a system where Muslim voters could only vote for Muslim candidates in reserved constituencies. This was demanded by the Muslim League (founded at Dhaka in 1906) and supported by Lord Minto, who saw it as a way to prevent Hindu-Muslim political unity against British rule. (5) Non-official majority was introduced in provincial councils — though the Viceroy's council retained an official majority. The Act represented a significant advance in Indian political participation but is most remembered for the introduction of separate electorates, which institutionalized communalism in Indian politics. Lord Minto told the Muslim delegation at Shimla (October 1906) that the Muslims were entitled to separate representation as a distinct political entity — a concession that the INC bitterly opposed. Historians regard separate electorates as one of the key factors that eventually led to Partition in 1947. The principle was expanded by the GoI Act 1919 (to Sikhs, Christians, and Anglo-Indians) and the Communal Award of 1932 (to depressed classes, later modified by the Poona Pact). Separate electorates were finally abolished by the Indian Constitution, which adopted universal adult franchise with a single general electorate (Art 325-326).
Government of India Act 1919 (Montagu-Chelmsford Reforms) — Dyarchy
The GoI Act 1919 was based on Secretary of State Edwin Montagu's famous declaration of 20 August 1917 that British policy was "the gradual development of self-governing institutions with a view to the progressive realization of responsible government in India as an integral part of the British Empire." The Act was shaped by the Montagu-Chelmsford Report (1918). Key provisions: (1) Dyarchy (dual government) in provinces — provincial subjects were divided into: "Reserved" subjects (under the Governor, administered through his Executive Councillors, NOT responsible to the legislature — police, land revenue, justice, irrigation, finance, press) and "Transferred" subjects (under Indian ministers responsible to the provincial legislative council — education, local self-government, public health, agriculture, industries, excise, public works). This was the first time Indian ministers had executive responsibility. (2) Bicameralism at the Centre — the Indian legislature was made bicameral: an upper house called the "Council of State" (60 members, 34 elected, rest nominated) and a lower house called the "Legislative Assembly" (145 members, 104 elected, 41 nominated). The Viceroy retained the power to certify and enact rejected bills. (3) Direct elections were introduced for the first time, based on property, tax, and educational qualifications — approximately 3% of the population could vote. (4) Separate electorates were extended from Muslims to Sikhs, Indian Christians, Anglo-Indians, and Europeans — deepening communal representation. (5) A Public Service Commission was established for the first time (forerunner of the UPSC under Art 315). (6) The office of High Commissioner for India was created in London, separating Indian commercial representation from the Secretary of State's political functions. (7) A statutory commission (which became the Simon Commission, 1927) was to be appointed after 10 years to review the working of reforms. (8) A Council of Princes was established as a consultative body for princely states. The Dyarchy system was widely condemned as unworkable. The division between reserved and transferred subjects was artificial — a minister responsible for education had no control over the finance to fund education (reserved). Ministers had responsibility without power, and the Governor could override them. Jawaharlal Nehru described the reforms as "inadequate, unsatisfactory, and disappointing." The INC boycotted the 1920 elections under Gandhi's Non-Cooperation Movement. The 1919 Act governed India until the GoI Act 1935, though its Dyarchy system was effectively discredited by the early 1920s.
Government of India Act 1935 — The Structural Foundation of the Constitution
The GoI Act 1935 was the most comprehensive legislation for India before the Constitution itself. It was the longest Act of British Parliament until then (321 sections + 10 Schedules) and was based on: the Simon Commission Report (1930), three Round Table Conferences (1930-32), the White Paper of 1933, and a Joint Select Committee report under Lord Linlithgow. Key provisions: (1) All-India Federation — proposed a federation comprising British Indian provinces and princely states; princely states' accession was voluntary, and since they refused to join, the federation never came into being. The federation would have had a bicameral legislature — the Council of State (upper, 260 members: 156 British India + 104 princely states) and the Federal Assembly (lower, 375 members: 250 British India + 125 princely states). (2) Provincial Autonomy — abolished Dyarchy in provinces and introduced responsible government. Provinces derived authority directly from the Crown, not through the Centre. Provincial ministers were made responsible to the provincial legislature, and the Governor was required to act on their advice in matters within provincial competence. However, the Governor retained "special responsibilities" and could act in his discretion in certain matters. (3) Dyarchy at the Centre — federal subjects were divided into Reserved (defense, external affairs, ecclesiastical affairs — under the Governor-General) and Transferred (under ministers responsible to the legislature). This was never implemented since the federation never came into being. (4) Three legislative lists — Federal List (59 items), Provincial List (54 items), and Concurrent List (36 items). Residuary powers were vested in the Governor-General. This three-list system was directly adopted by the Indian Constitution (Union List: 97 items, State List: 66, Concurrent: 47). (5) Federal Court was established in 1937 at Delhi, with original, appellate, and advisory jurisdiction — the predecessor of the Supreme Court. (6) Reserve Bank of India was established under the authority of this Act (April 1935). (7) Bicameral legislatures were introduced in 6 of 11 provinces: Bengal, Bombay, Madras, Bihar, Assam, and United Provinces. The two chambers were called the Legislative Assembly (lower) and the Legislative Council (upper). (8) The franchise was significantly expanded — approximately 10% of the total population (about 37 million) could vote, up from 3%. (9) The India Council (created in 1858) was abolished. (10) Public Service Commissions were provided at both the federal and provincial levels. (11) Emergency provisions were included allowing the Governor-General to assume extraordinary powers. About 250 provisions of the Indian Constitution were drawn from this Act, making it the single largest source. However, the Act was heavily criticized: Jawaharlal Nehru called it "a machine with strong brakes but no engine" and "a new charter of slavery." The INC accepted office under the 1935 Act in the 1937 elections only to "wreck the Act from within." The Act gave India its first experience of elected responsible provincial government — Congress won in 8 of 11 provinces and governed until 1939 when it resigned over India's involvement in WWII without consent.
Indian Independence Act 1947 — End of British Rule
Based on the Mountbatten Plan (3 June 1947, also called the June 3 Plan or Plan Balkan), the Indian Independence Act was passed by the British Parliament on 18 July 1947 and received royal assent the same day — an extraordinarily fast passage driven by the urgency of Partition. Key provisions: (1) Two independent dominions — India and Pakistan — were created effective from 15 August 1947 (the date chosen by Lord Mountbatten, who claimed astrological considerations though it actually coincided with the second anniversary of Japan's surrender in WWII). (2) Each dominion could frame its own constitution through its Constituent Assembly; until new constitutions were framed, the dominions would be governed by the GoI Act 1935, with such modifications as the dominion's Constituent Assembly might make. (3) The office of Secretary of State for India was abolished, along with the Council of India and the office of Viceroy. (4) Each dominion was to have a Governor-General appointed by the King on the advice of the dominion cabinet. Lord Mountbatten became the first Governor-General of India (until June 1948, succeeded by C. Rajagopalachari, the last Governor-General). M.A. Jinnah became Governor-General of Pakistan. (5) The Constituent Assemblies of both dominions were empowered as sovereign legislative bodies — any law made by the British Parliament would not apply to a dominion unless adopted by that dominion. (6) The sovereignty of the British Crown over Indian princely states lapsed — the roughly 565 princely states were legally free to accede to either dominion or remain independent. (7) The Act abolished the title "Emperor of India" from the British royal style. (8) The Governor-General of each dominion was empowered to give assent to laws in the King's name (not the King himself). (9) The Act provided for a temporary partition of Punjab and Bengal through boundary commissions (the Radcliffe Line). The Indian Independence Act ended British rule in India after approximately 190 years of Company and Crown governance. It created the legal framework within which the Constituent Assembly operated as both a constitution-making body and a legislative body until the new Constitution came into force on 26 January 1950. The GoI Act 1935, as adapted, served as the interim constitution, with many of its provisions being carried forward into the permanent Constitution.
Constitutional Sources — Detailed Borrowings from Global Constitutions
The Constituent Assembly studied over 60 constitutions worldwide. B.N. Rau, the Constitutional Adviser, visited the US, UK, Canada, and Ireland for consultations. The borrowings were never mechanical — each was adapted to Indian conditions. From the Government of India Act, 1935 (the single largest source, ~250 of 395 articles): federal scheme with strong centre, office of Governor, judiciary, Public Service Commissions, emergency provisions, three legislative lists, administrative details, distribution of powers between Centre and states, the office of the Advocate General, the concept of ordinances, and detailed provisions for governance. From the British Constitution (unwritten): parliamentary form of government with PM and Cabinet drawn from and responsible to legislature, rule of law (Dicey), single citizenship, legislative procedure (three readings, committee system), Cabinet collective responsibility, the role of the Speaker, bicameralism, prerogative writs (habeas corpus, mandamus, certiorari, prohibition, quo warranto), parliamentary privileges, and the concept of "government by convention." From the US Constitution: Fundamental Rights modeled on the Bill of Rights (though Indian FRs are more detailed with explicit restrictions), judicial review (Marbury v. Madison, 1803), independence of judiciary (security of tenure, fixed conditions), written and supreme constitution, Preamble opening with "We the People," federal structure (modified), elected head of state (President), office of Vice-President, removal of judges by impeachment, and post of the Speaker. From the Irish Constitution (1937): Directive Principles of State Policy (drawn from Art 45 of the Irish Constitution, which itself was inspired by the Spanish Constitution of 1931), method of Presidential election through proportional representation by single transferable vote (STV), and nomination of 12 members to Rajya Sabha with special expertise. From the Canadian Constitution (BNA Act 1867): federation with a strong centre (quasi-federal character), residuary powers vesting in the Centre (Art 248), appointment of state Governors by the Centre, advisory jurisdiction of the Supreme Court (Art 143), and the phrase "Union of States" (Art 1). From the Australian Constitution: the Concurrent List, freedom of trade, commerce, and intercourse throughout the country (Art 301), and joint sitting of both Houses to resolve legislative deadlocks (Art 108). From the Soviet Constitution (USSR 1936): Fundamental Duties (Art 51A, added by 42nd Amendment 1976), and the ideal of social, economic, and political justice in the Preamble. From the French Constitution: the ideals of Republic, and Liberty, Equality, and Fraternity in the Preamble. From the German (Weimar) Constitution (1919): suspension of Fundamental Rights during Emergency, and emergency provisions that can convert a federation into a unitary state. From the South African Constitution (1909): the procedure for amendment of the Constitution (Art 368), and the method of election of Rajya Sabha members. From the Japanese Constitution (1947): the concept of "procedure established by law" in Art 21 (as opposed to American "due process of law"), though the Supreme Court in Maneka Gandhi v. Union of India (1978) effectively imported "due process" through judicial interpretation.
Key Commissions and Committees in Constitutional Evolution
The path to the Constitution was shaped by numerous commissions and committees. Macaulay Committee (1854): Recommended open competition for civil services; Charter Act 1853 provisions were based on its report. This ended the patronage system and established the principle of merit-based recruitment that continues through the UPSC. Aitchison Commission (1886): Classified civil services into Imperial, Provincial, and Subordinate — a three-tier structure that influenced the later organization of the ICS and eventually the IAS/IPS. Islington Commission (1912): Royal Commission on Public Services in India; recommended Indianization of higher services and better conditions for Indian civil servants. Public Service Commission / Lee Commission (1924): Established under GoI Act 1919; recommended a Federal PSC; led to the creation of the Union Public Service Commission (Art 315). Simon Commission (1927-30): Seven-member all-British commission (no Indian member) under Sir John Simon, appointed under a provision of the 1919 Act to review its working. Members included Clement Attlee (later PM who granted independence). Boycotted across India with the slogan "Simon Go Back" — Lala Lajpat Rai was injured in a lathi charge during the protest in Lahore (30 October 1928) and died 17 days later. The Commission's report (1930) recommended: abolition of Dyarchy in provinces, introduction of responsible government in provinces, establishment of a federation including princely states, expansion of franchise, and the creation of Sindh and NWFP as separate provinces. Nehru Report (1928): Drafted by a committee under Motilal Nehru (with members including Subhas Chandra Bose as secretary) in response to Lord Birkenhead's challenge that Indians could not agree on a constitution. The first attempt by Indians at a constitutional framework, it demanded: dominion status (not independence), bicameral Parliament, joint electorates (rejecting separate electorates), fundamental rights, universal adult suffrage, and responsible government. It was rejected by the Muslim League (leading to Jinnah's 14 Points, 1929), by the Congress Radicals who wanted complete independence (Bose, Nehru junior), and by the British. Three Round Table Conferences (1930-32): The First (1930) was boycotted by the INC; attended by Muslim League, Hindu Mahasabha, liberals, princes, depressed classes (including Ambedkar). The Second (1931) was attended by Gandhi as sole INC representative, alongside Ambedkar, who clashed with Gandhi on separate electorates for depressed classes (leading eventually to the Communal Award 1932 and the Poona Pact 1932). The Third (1932) was boycotted by both INC and Muslim League; produced little of substance. Cripps Mission (March 1942): Led by Sir Stafford Cripps; offered dominion status after the war, an elected constituent assembly, and the right of any province to opt out. Rejected by the INC (Gandhi called it "a post-dated cheque on a crashing bank"), by the Muslim League (did not explicitly concede Pakistan), and by the Hindu Mahasabha. Cabinet Mission Plan (May 1946): Three-member mission (Lord Pethick-Lawrence, Sir Stafford Cripps, A.V. Alexander). Rejected the demand for a separate Pakistan. Proposed a three-tier structure: Union (defense, foreign affairs, communications), Groups of provinces, and individual provinces. Proposed the composition formula for the Constituent Assembly (one representative per million, indirect election through provincial assemblies). The Cabinet Mission Plan became the basis for the formation of the Constituent Assembly that drafted the Indian Constitution.
Early Indian Demands for Constitutional Reform
Indian demands for self-governance evolved systematically from moderate reform to complete independence. The Indian National Congress (founded 28 December 1885 by A.O. Hume, W.C. Bonnerji as first president) initially demanded greater representation, reduction of home charges, simultaneous ICS examinations in India and England, and expansion of legislative councils. The "Moderates" (Gokhale, Naoroji, Pherozeshah Mehta) advocated constitutional methods — petitions, memorials, and resolutions. The "Extremists" (Tilak, Lajpat Rai, Bipin Chandra Pal — Lal-Bal-Pal) demanded Swaraj through assertive methods — boycott, swadeshi, and passive resistance. The Swaraj Resolution (1906, Calcutta Congress under Dadabhai Naoroji) made "Swaraj" (self-rule) the goal of the Congress. The Lucknow Pact (1916) between INC (led by Tilak) and Muslim League (led by Jinnah) agreed on constitutional reforms including separate electorates — the only time both parties presented joint demands. Annie Besant's Home Rule League (1916, from Madras) and Tilak's Home Rule League (1916, from Pune) demanded Home Rule for India within the British Empire. The Rowlatt Act (1919) — extending wartime emergency provisions into peacetime — and the Jallianwala Bagh Massacre (13 April 1919, General Dyer ordered firing on an unarmed gathering in Amritsar, killing at least 379) radicalized the freedom movement. Gandhi launched the Non-Cooperation Movement (1920-22) demanding self-governance. The INC demanded Purna Swaraj (complete independence) at the Lahore Session (31 December 1929) under Jawaharlal Nehru's presidency — 26 January 1930 was declared Independence Day (celebrated annually until 1947; this date was later chosen for the Constitution to come into force — Republic Day). The Civil Disobedience Movement (1930-34), the Quit India Movement (8 August 1942, Bombay — "Do or Die"), and the Indian National Army trials (1945) progressively intensified the demand. The interim government under Jawaharlal Nehru took office on 2 September 1946, and the Constituent Assembly was convened on 9 December 1946. The journey from moderate reform to sovereign constitution-making spans over 60 years.
Transition from GoI Act 1935 to the Indian Constitution
The transition from colonial legislation to a sovereign constitution was not an abrupt break but a deliberate process of adaptation and transformation. The GoI Act 1935 served as the interim constitution from 15 August 1947 to 26 January 1950. During this 29-month period, the Constituent Assembly modified the 1935 Act through the India (Provisional Constitution) Order, 1947, removing provisions inconsistent with sovereign status — references to the Crown, the Secretary of State, the paramountcy over princely states, and the reserve powers of the Governor-General. The Constituent Assembly studied the 1935 Act extensively and adopted its structural framework while replacing its colonial ethos with democratic principles. Provisions directly carried over include: the three-list system of legislative distribution (expanded significantly — Federal List 59 items became Union List 97, Provincial List 54 became State List 66, Concurrent List 36 became 47), emergency powers (modified into three types of emergencies — National, State, Financial), the structure of Public Service Commissions, the office and basic powers of the Governor (though the appointment method changed from election to nomination), the Federal Court structure (transformed into the Supreme Court with vastly expanded jurisdiction), the office of the Advocate General, the ordinance-making power, and administrative provisions for the civil services. However, fundamental departures were made: the introduction of Fundamental Rights (Part III) and DPSPs (Part IV), universal adult franchise replacing limited franchise (from 37 million voters to 173 million), an independent judiciary with robust judicial review powers, abolition of separate electorates and communal representation, the Preamble declaring popular sovereignty ("We, the People of India"), provisions for social justice and affirmative action (Art 15(4), 16(4), 46), and the concept of a welfare state embedded in the DPSPs. K.M. Munshi observed that the Assembly was not building on a blank slate but on "a century and a half of constitutional experience." Dr. Ambedkar, responding to criticism of borrowing, stated: "All constitutions in their main provisions must look similar. It is not necessary that a constitution should be original. 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 of 16 August 1932, announced by British Prime Minister Ramsay MacDonald, provided for separate electorates for Muslims, Sikhs, Indian Christians, Anglo-Indians, Europeans, and — most controversially — for the "Depressed Classes" (untouchables). Under this scheme, the Depressed Classes would have two votes: one in a special constituency reserved for them (separate electorate) and one in the general constituency. Mahatma Gandhi opposed this strenuously, arguing that separate electorates for untouchables would permanently divide Hindu society. He launched an indefinite fast unto death at Yerwada Jail, Pune, on 20 September 1932. The resulting Poona Pact (24 September 1932), negotiated between Gandhi and Dr. B.R. Ambedkar, replaced separate electorates for the Depressed Classes with reserved seats within the general electorate — a system of joint electorates with reserved constituencies. The Pact provided for 148 reserved seats (more than the Communal Award's 71) for the Depressed Classes in provincial legislatures. This system of reserved seats within a joint electorate was directly adopted by the Indian Constitution in Articles 330 (reservation of seats for SCs/STs in Lok Sabha) and 332 (in state legislative assemblies). The Poona Pact also led to the establishment of the Harijan Sevak Sangh by Gandhi and significantly advanced the cause of untouchable upliftment. However, Ambedkar later regretted the Pact, believing that separate electorates would have given the Depressed Classes greater political leverage. The constitutional legacy is clear: the Indian Constitution's system of reserved constituencies (not separate electorates) for SCs and STs traces directly to the Poona Pact of 1932.
August Offer, Cripps Mission, and Wavell Plan — Wartime Constitutional Proposals
World War II produced several British constitutional proposals as they needed Indian cooperation for the war effort. The August Offer (8 August 1940): Viceroy Linlithgow offered (1) expansion of the Viceroy's Executive Council to include more Indians; (2) establishment of a War Advisory Council including representatives of princely states; (3) after the war, a representative body would be set up to frame a new constitution; (4) the British Government would not transfer power to any system of government whose authority was "directly denied by large and powerful elements in India's national life" — an implicit recognition of the Muslim League's veto. This was the first British acknowledgment that Indians should draft their own constitution. Both INC and Muslim League rejected it — the INC found it inadequate, and the League wanted an explicit commitment to Pakistan. The Cripps Mission (March 1942): Sir Stafford Cripps offered (1) dominion status after the war; (2) a constituent assembly elected by provincial assemblies and princely state nominees; (3) any province could opt out and form a separate union. The INC rejected it because (a) it offered only future dominion status (not immediate independence), (b) the opt-out clause could lead to Balkanization, (c) the Governor-General's reserve powers would continue during the war. The Muslim League rejected it because it did not explicitly concede Pakistan. Gandhi called it "a post-dated cheque on a crashing bank." The Wavell Plan and Shimla Conference (June 1945): Viceroy Wavell proposed reconstituting the Executive Council with equal Hindu-Muslim representation. The Shimla Conference failed because the Muslim League insisted on the right to nominate ALL Muslim members of the Executive Council, which the INC rejected as it would exclude nationalist Muslims (like Maulana Azad) from the INC's nominees. These wartime proposals are significant because they progressively conceded: (1) the principle of Indian constitution-making (August Offer), (2) the possibility of partition (Cripps' opt-out clause), and (3) the Muslim League's claim to represent all Muslims (Wavell Plan). Each failure pushed India closer to both independence and partition.
Cabinet Mission Plan 1946 — Blueprint for the Constituent Assembly
The Cabinet Mission (March-May 1946), sent by the post-war Labour Government of Clement Attlee, was the most significant pre-independence constitutional initiative. The three-member delegation comprised Lord Pethick-Lawrence (Secretary of State), Sir Stafford Cripps, and A.V. Alexander (First Lord of the Admiralty). The Mission's key proposals: (1) Rejected the demand for a separate sovereign Pakistan, arguing it was impractical because the Muslim-majority provinces also had significant non-Muslim populations. (2) Proposed a three-tier constitutional structure: (a) Union at the top, dealing with foreign affairs, defense, and communications; (b) Groups of provinces at the intermediate level — Group A (Hindu-majority provinces: Madras, Bombay, UP, Bihar, CP, Orissa), Group B (Muslim-majority provinces in northwest: Punjab, NWFP, Sindh, Baluchistan), Group C (Muslim-majority provinces in northeast: Bengal, Assam); (c) Individual provinces at the base, with residuary powers. (3) Composition formula for the Constituent Assembly: total strength 389 — 292 from British Indian provinces (one per million population, elected indirectly by provincial legislative assemblies), 93 from princely states (nominated by rulers), and 4 from Chief Commissioners' provinces. Provincial seats were divided among three communities: General, Muslim, and Sikh (in Punjab only). (4) The Assembly would first meet as a whole, then divide into sections (corresponding to the three Groups) to frame provincial and group constitutions, then reassemble to frame the Union constitution. The INC initially accepted the plan for the Constituent Assembly but rejected the compulsory grouping provision. The Muslim League accepted the plan in June 1946 but later withdrew its acceptance in July 1946, alleging INC bad faith on grouping. The elections to the Constituent Assembly were held in July-August 1946 under this formula: the Congress won 208 of 292 seats, the Muslim League 73, and independents/others 11. The Muslim League boycotted the Assembly from its first meeting (9 December 1946). The Cabinet Mission Plan is crucial because: it created the institutional framework that produced the Constitution; its rejection of Pakistan influenced the political dynamics leading to Partition; and its composition formula determined the character of the Constituent Assembly.
Significance for Competitive Exams
Questions on historical background appear in virtually every UPSC Prelims paper and are high-yield for SSC and banking exams. The most frequently tested areas include: (1) Matching Acts with their specific provisions — which Act introduced separate electorates (1909), Dyarchy (1919), provincial autonomy (1935), bicameralism at Centre (1919); (2) "First introduced by" questions — first Supreme Court (Regulating Act 1773), first Governor-General of India (Charter Act 1833, Bentinck), first Indian on Executive Council (1909, S.P. Sinha), first direct elections (GoI Act 1919), first provincial autonomy (GoI Act 1935); (3) Constitutional sources — which country inspired which feature (Ireland for DPSPs, Canada for strong centre, Australia for Concurrent List, USSR for Fundamental Duties, etc.); (4) Key persons — Macaulay, Morley-Minto, Montagu-Chelmsford, Simon, Mountbatten; (5) "Consider the following statements" format testing nuanced provisions of each Act; (6) The GoI Act 1935 as the single largest source (~250 articles); (7) Differences between Dyarchy in provinces (1919) vs Dyarchy at Centre (proposed 1935, never implemented); (8) Round Table Conferences — who attended which; (9) Nehru Report vs Jinnah's 14 Points; (10) Cabinet Mission Plan composition formula. The GoI Acts of 1919 and 1935 are the most frequently tested, followed by the 1909 and 1858 Acts. Understanding the incremental nature of constitutional development — from Company rule to Crown rule to limited self-government to dominion status to independence — is the master framework for answering any question on this topic.
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.