Various Topics Under Part-1

❏ Historical Background
❏ Making of the Constitution
❏ Salient Features of the Constitution
❏ Preamble of the Constitution
❏ Union and its Territory
❏ Citizenship
❏ Fundamental Rights
❏ Directive Principles of State Policy
❏ Fundamental Duties
❏ Amendment of the Constitution
❏ Basic Structure of the Constitution

Historical Background:
British came to India in 1600 as traders, in the form of East India Company, which had the
exclusive right of trading in India under a charter granted by Queen Elizabeth I.
In 1765, the Company, which till now had purely trading functions obtained the ‘diwani’ (i.e.,
rights over revenue and civil justice) of Bengal, Bihar and Orissa.
Diwani Right: right to collect taxes on behalf of the Emperor
This started its career as a territorial power.
1858- Company Rule Ended
1773-1858 -Company Rule
❖ Regulating Act of 1773
❖ Pitt’s India Act of 1784
❖ Charter Act of 1833
❖ Charter Act of 1853

1858-1947 -Crown Rule

❖ Government of India Act of 1858
❖ Indian Councils Act of 1861, 1892 and 1909
❖ Government of India Act of 1919
❖ Government of India Act of 1935
❖ Indian Independence Act of 1947
Diwani Rights:
Diwani rights were granted to the British East India company in the year 1765
These are the rights granted to British East India company to collect revenue and settle the civil
judicial cases.Lord Clive was granted to collect revenue and decide civil cases of Bengal,Bihar
,Odisha
The Mughal Emperor, Shah Alam, granted ‘Diwani’ to the Company after its victory in the
Battle of Buxar (1764).2. It was introduced in the British Parliament by the then Prime Minister,
William Pitt.
This holds an important event in the history of India as :-
 ❖ It strengthened and legally acknowledged the British control over Bengal,Bihar and
Odisha.
❖ Clive in the name of mughal emperor and approval of the Nawab served business and
and political interests of the company.
❖ The Diwani rights went to the company leaving foujdari and administrative authority to
the nawab. The Powerless Nawab had powerless responsibilities while british enjoyed
supremacy. The company used the revenue collected to consolidate business,
organizing and increasing armed forces.

This started its career as a territorial power.

In 1858, in the wake of the ‘sepoy mutiny’, the British Crown assumed direct responsibility for
the governance of India. This is also known as Sipahi Vidroh

Regulating Act of 1773

The regulating act which came into force on 21 june,1773 ,sought to achieve the following three
objective:
1) To reform the Constitution of the east india company.
2) To reform the company's government in India.
3) To provide remedies against the illegalities and oppression of the company's servants in
India.
Regulation act of 1773 was the first landmark in the constitutional development of India.
This act was the first step taken by the British Parliament to control and regulate the affairs of
EIC in India.
During that time “LORD NORTH” was the prime minister of British Government.
On 18th May, 1773 “Lord North”presented a bill in the British Parliament which when passed
was known as ‘Regulating Act’.
This act is of great constitutional importance because of following reasons:-
1. The Regulating Act was the first attempt made by the Parliament or by the British
Government to operate and regulate the affairs of the company.
2. It set the foundations of central administration in India.
3. It recognized for the first time the administrative and political functions of EAST INDIA
COMPANY.
Salient Features of the Regulating act of 1773
At first it designated the GOVERNOR OF BENGAL as “GOVERNOR GENERAL OF BENGAL”
& created a four member's EXECUTIVE COUNCIL to help him.
1. It made one more impactful decision, made the GOVERNOR’S of Bombay and Madras
(present day MUMBAI & CHENNAI) presidencies subordinate to the GOVERNOR
GENERAL OF BENGAL.Before that act all these three presidencies are independent of
one another.
2. This act banned the servants of the COMPANY from engaging in any private trade or
accepting “Presents or Bribes” from the natives.
3. It strengthen the control of the British Government over the EAST INDIA COMPANY by
requiring the COURT OF DIRECTORS which were the governing body of the EIC , to
report on its taxation, revenue and other military affairs in India.
 4. This act provided for the formation of a SUPREME COURT at CALCUTTA (present day
KOLKATA) in 1774, consisting 1 chief Justice with 3 other judges.

Note: Lord Warren Hasting was the First Governor General of India. Commented [1]: mereko documentry dekhni padi
"Sepoy Mutiny" ke barre me esko deeper level samjhne
ke liye.
Modern history bhi padhni hogi sath sath.
Commented [2]: hehe ...... agr iss speed se chle to ... i
Pitt’s India Act of 1784 think it will take around one year to complete the
In a bid to rectify the defects of the Regulating Act of 1773, the British Parliament passed the course :-D
Amending Act of 1781, also known as the Act of Settlement. Commented [3]: Ji aap next chapter start kar sakte
hain; maai yeah cover karke finish kar dunga.
Aap second half me free honge toh hum ek topic cover
❏ It resulted in dual control or joint government in India by Crown in Great Britain and the kar sakte hain.
British East India Company, with crown having ultimate authority.
❏ With this act, East India Company’s political functions were differentiated from its
commercial activities for the first time.
❏ The relationship between company and crown established by this act kept changing with
time until the Government of India Act 1858 provided for liquidation of the British East
India Company.
Features of the Act
❏ It distinguished between the commercial and political functions of the Company.
❏ It allowed the Court of Directors to manage the commercial affairs but created a new
body called Board of Control to manage the political affairs. Thus, it established a
system of double government.
❏ It empowered the Board of Control to supervise and direct all operations of the civil and
military government or revenues of the British possessions in India.

Thus, the act was significant for two reasons: first, the Company’s territories in India were for
the
first time called the ‘British possessions in India’; and second, the British Government was given
the supreme control over Company’s affairs and its administration in India.

Charter Act of 1833

This Act was the final step towards centralisation in British India.
Features of the Act
 ❏ Governor general of Bengal was made the Governor General of India.
❏ All civil and military power are vested on him. (Lord William was the first G.G of India)
❏ First Government of India proposed.
❏ Bombay, Madras governor’s no longer enjoy legislative powers; Governor General of
India’s council should do that.
❏ Ended East India Company as a commercial body; which became an administrative
body. The company territory should be held by it ‘in trust for his majesty, his heirs and
successors’.
❏ Open competition for selection of civil servant; stated India’s shouldn’t be debarred from
any positions or posts. (This provision was cancelled by the Board of Directors)

Charter Act of 1853

This was the last of the series of Charter Acts passed by the British Parliament between 1793
and
1853. It was a significant constitutional landmark.
❏ Separated legislative and executive functions of the Governor general council.
❏ Six new members called the legislative councillors to be added to the legislative council.
(The G.G’s legislative council / Central legislative council was known as a mini-
parliament. It followed procedures of British parliament.)
❏ Open competition system for selection and recruitment of civil servants. The covenant
(Higher) civil service was also opened for Indians. Macaulay Committee (Indian Civil
Service Committee) was appointed 1854.
❏ Allowed company to possess the Indian territories, although the time period wasn’t
specified; meaning that the parliament can take it off anytime.
❏ Local representation in the Central Legislative council when added six new members,
four must be from local governments of Madras, Bombay, Bengal and Agra.

THE CROWN RULE (1858–1947)

Government of India Act of 1858
Also known as "Act for the Good Government of India"
Abolished the East India Company and transferred the power of govt territories and revenues to
the British Crown.

Features:
❏ Changed the designation of the “Governor General of India” to the Viceroy Of india.
❏ Viceroy was the direct representative of British Crown in India.
❏ Lord Canning thus became the first Viceroy of India.
❏ Ended system of Double government by abolishing the Board of Control and Court of
Directors
❏ It created a new office, secretary of state for india, vested with complete authority and
control over indian administration
❏ It established a 15 member council of india to assist secretary for india. He was also
chairman of the council.
❏ Largely confirmed to the improvement of the administration machinery by which the
indian govt was to be supervised and controlled in england.

Indian Councils Act of 1861, 1892 and 1909

After the great revolt of 1857, the British Government felt the necessity of seeking the
cooperation of the Indians in the administration of their country. In pursuance of this policy of
association, three acts were enacted by the British Parliament in 1861, 1892 and 1909. The
Indian Councils Act of 1861 is an important landmark in the constitutional and political history of
India.

Features of the Act of 1861

❏ Beginning of representative institutions by associating Indians with the law-making

process. The viceroy nominate some Indians as non official members of his expanded
council.In 1862, Lord Canning (viceroy), nominated three Indians to his legislative
council—the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao. to the
Bombay and Madras presidencies.

❏ It initiated the process of decentralisation by restoring the legislative powers to the

Bombay and Madras Presidencies.
❏ Establishment of new legislative councils → Bengal 1862, North-Western Frontier
Province 1866 Punjab 1897.

❏ It empowered the Viceroy to make rules and orders for the council. 'portfolio' system,
introduced by Lord Canning in 1859 member of the Viceroy's council was made in-
charge of one or more departments of the government and was authorized to issue final
orders on behalf of the council on matters of his department(s).
❏ Empowered the Viceroy to issue ordinances, without the concurrence of the legislative
council, during an emergency. The life of such an ordinance was six months.

Features of the Indian Councils Act of 1892:

Enlarged the size and functions of central and provincial councils.
❏ Increased the functions of legislative council and gave them the power of discussing
budget and addressing questions to the executives.

Indian Council Act 1909:

It is also known as Morley-Minto Reforms(Lord Marley was the sectory and lord Minto was
Viceroy).
❏ Increased the size of the legislative councils, both Central (16 to 60) and provincial (not
uniform).
❏ It retained official majority in the Central Legislative Council allowed the provincial
legislative councils to have non-official majority.
❏ It enlarged the deliberative functions of the legislative councils at both the levels.
❏ For ex, members were allowed to ask supplementary questions, move resolutions on the
budget, and so on.
❏ For the first time the association of Indians with the executive Councils of the Viceroy
and Governors. Satyendra Prasad Sinha (as the law member) ->the first Indian to join
the Viceroy's Executive Council.
❏ It introduced a system of communal representation for Muslims by accepting the concept
of 'separate electorate'. Under this, the Muslim members were to be elected only by
Muslim voters.
❏ Thus, the Act 'legalised communalism' and Lord Minto Father of Communal Electorate.
❏ Separate representation of presidency corporations, chambers of commerce,
universities and zamindars.

Lord Minto was known as "Father of Communal electorate"

Government of India Act of 1919 (Montagu-Chelmsford Reforms)

(Montagu was the Secretary of State for India and Lord Chelmsford was the Viceroy of India),
introduction of responsible government in India
Features of the Act
❏ It relaxed the central control over the provinces by demarcating and separating the
central and provincial subject: However, the structure of government continued to be
centralised and unitary.
❏ Divided the provincial subjects into two parts—transferred and reserved. Transferred
subjects -administered by the governor with the aid of ministers responsible to the
legislative Council, reserved subjects-^administered by the governor and his executive
council without being responsible to the LC. This dual scheme of governance was known
as 'dyarchy'(the Greek word di-arche which means double rule).
❏ First time, bicameralism and direct elections in the country. Thus, the Indian Legislative
Council was replaced by a bicameral legislature consisting of UH & LH. The majority of
members of both the Houses ->direct election.
❏ 3 out of 6 members of the Viceroy's executive Council (other than the commander-in-
chief) were to be Indian.
 ❏ Extended communal representation -^separate electorates for Sikhs, Indian Christians,
Anglo-Indians & Europeans.
❏ It granted franchise to a limited number of people on the basis of property, tax or
education.
❏ New office of the High Commissioner for India in London.
❏ It provided for the establishment of a public service commission. (Central Public Service
Commission 1926)
❏ It separated, for the first time, provincial budgets from the Central budget and authorised
the provincial legislatures to enact their budgets.
❏ Appointment of a statutory commission to inquire into and report on its working after ten
years of its coming into force.

Simon Commission:
Simon Commission was a committee formed by the British Government to examine the Indian
constitutional problems and to provide recommendations for reform.
The existing Government of India Act 1919 was an intermediate and transitional arrangement.
So the British Government wanted the commission to review the constitutional arrangement and
provide the recommendation for future implementation.
The commission was announced on 26th November 1927 with a seven members team. Sir
John Simon was the Chairman of the commission.
None of the members of this committee was Indian.
The Indian National Congress, Muslim League and other political and social organizations
rejected the committee and termed it as "All White Commission".
Simon Commission in India
❏ In February 1928, the Simon Commission arrived in India.
❏ The political parties in India called for strikes and the entire country observed strike.
❏ People greet the commission with slogan "Simon Go Back, Simon Go Back" and
demonstrated the black flags.
❏ Government tried to control the peaceful demonstrators rudely and many people were
beaten up by the police.
❏ The Simon Commission reached Lahore on 30th October 1928.
❏ There also the Congress Party showed demonstration against the commission.
❏ Lala Lajpat Rai led the nonviolent demonstration in Lahore and he was critically beaten
up by police.
❏ In November 1928, Lala Lajpat Rai died due to the due to the injury caused by police
assault. Lajpat Rai was commonly known as Punjab Kesari (The Lion of Punjab).

Simon Report- Salient Features

In 1930 AD the committee published the "Simon Report". The important points of Simon
commission are as follows.
1. Commission recommended the structural change in the 1919 Act. It suggested a Federal type
of government at the centre with maximum autonomy of province.
2. It envisaged(form a mental image which is not yet exist) the federal union, including both
British India and the Princely States would be the long term solution.
3. Commission suggested to lapse the Dyarchy system and recommend the provincial
administration to be handed over to ministers responsible to the legislature.
4. The Lower House member of the Federal Assembly should be elected by the Provincial
Councils.
5. The Upper House would continue as the council of state.
6. The Governor was to hold the special powers for the safety of the province and safeguard of
the minorities.
7. In regards to creating two new provinces Sindh and Orissa, commission suggested for further
detail examinations and postponed the subject.
8. Recommended Burma to be separated from British India.
9. It recommended the creation of Indian Police Service.
10. Continuation of Present Status of North West Frontier Province.

Members of the Commission

The commission consisted of seven British members. They were.
1 . Sir John Simon ( Chairman of the commission)
2 . Donald Howard
3 . Vernon Hartshorn
4 . Clement Attlee
5 . Harry Levy Lawson
6 . Edward Cadogan
7 . George Lane-Fox

Government of India Act of 1935 Commented [4]: Govt of India act aaj se karunga
bahut lengthy chapter haai.