Constitutional History of India PDF

IAS CORRIDOR CONSTITUTIONAL HISTORY OF INDIA www.iascorridor.com https://telegram.me/iascorridor 8340118519 1  IAS CORRIDOR East India Company (EIC) came in 1...

IAS CORRIDOR CONSTITUTIONAL HISTORY OF INDIA www.iascorridor.com https://telegram.me/iascorridor 8340118519 1  IAS CORRIDOR East India Company (EIC) came in 1600 as Traders Charter: Monopoly of Trading Rights Battle of Plassey (1757) o Granted by Queen Elizabeth I o EIC led by Robert Clive Before 1765: EIC had only trading rights under a charter against the Siraj-ud-Daulah, last independent Nawab of Battle of Buxur (1764) Bengal. o EIC led by Hector Munro o Defeat of the Nawab, against the combined armies of majorly because secret 1757: Battle of Plassey Mir Qasim, the Nawab of alliance of the British with Bengal till 1763; Shuja-ud- the conspirators. 1764: Battle of Buxur Daulah, the Nawab of Awadh; o A historic turning point for and Shah Alam II, the Mughal British in India. Emperor. o Established political and o This battle was the final military supremacy of the attempt to oust the British from British in Bengal. Dual System of Govt. by Robert Clive (1765 in Bengal) Bengal. o After the battle, Zamindari of o Armies decisively defeated by 24 Parganas (group of the British forces and villages) of Bengal gave to confirmed British power over the company by the Mir Bengal. Jafar, the new Nawab of o Resulted in Treaty of Bengal. EIC: Diwani (Rights Nawab: Nizamat Allahabad, 1765 in which the o British were not satisfied and over revenue and civil (Police and Judicial Mughal Emperor surrendered consequently removed the sovereignty of Bengal to the Mir Jafar from the throne and justice) function) British. placed the Mir Kasim, son- o Lord Robert Clive: First in-law of Mir Jafar, on the governor of Bengal throne as the new Nawab of o After the battle, Mir Jafar was Bengal. reinstated as the Nawab of Destroyed the trade, industry, and agriculture of Bengal Bengal in 1763. and also affects the EIC’s Income ❖ The Nizamat was considered the territorial jurisdiction of Bengal and remained with the Nawab but in ground reality, the English had ❖ The Nawab had the a good hold over this power. Corruption, Pvt Trade, EIC Bankruptcy Responsibility to maintain peace and order but had to depend on the Company for fund and forces. 1772: Dual System was abolished by Warren Hastings and Now British govt started regulating EIC Treaty of Allahabad (1765) o Concluded by Robert Clive at Allahabad with the Nawab of Awadh Shuja-ud-Daulah and the Mughal Emperor Shah Alam II. o First treaty with the Nawab of Awadh ▪ Allahabad and Kara were surrendered. ▪ A sum of Rs. 50 lakh was paid to the Company as war indemnity. ▪ Balwant Singh, the Zamindar of Banaras, was given full possession of his estate. o Second treaty with the Mughal Emperor ▪ Diwani of Bengal, Bihar, Orissa were granted to EIC in lieu of annual payment of Rs. 26 lakhs. To regulate the EIC, the British laid down the legal framework for the organization and functioning of the government and administration in British India. They can understand under two major headings. www.iascorridor.com https://telegram.me/iascorridor 8340118519 2  IAS CORRIDOR The Company Rule (1773 – 1858) ACTS PROVISIONS Beginning of control and regulation of EIC by British Parliament. Recognized Political & Administrative functions of EIC for the first time. Started the process of Centralization of Administration for ease of British Govt. Governor of Bengal → Governor General of Bengal (GGoB) (1st – Warren Hastings) Governors of Bombay and Madras made subordinate to Governor of Bengal GGoB now had an Executive council of 4 members to assist him. o Council functioned acc to majority rule. o Represented civil and military govt of Bengal administration. o Also performed legislative functions. Act prohibited employees of the Company from accepting bribes/doing private trade. Court of Directors, governing body of the EIC, made to report on revenue, civil and military affairs to British Govt. and thus empowering govt to control Indian affairs. Regulating Act of 1773 SC established in Calcutta with 1 CJ and 3 other judges. o There was a conflict as the council of GG also had almost the same jurisdiction and GG had no veto power. (Veto power restored by the Act of 1786) o To rectify this anomaly, the Amendment Act of 1781 was enacted. Amendment Act of 1781 (Act of Settlement) Defined the jurisdiction of SC in Calcutta which would administer the personal laws of defendants. Social and religious rights of subjects were to be honored. Exempted GG, his council and servants of the Company from the jurisdiction of the SC. Appeals from the Provincial Courts could be taken to the Council of GG and not to the SC. Empowered GG-in-Council to frame regulations for the Provincial Courts and Councils. Introduced by the then British Prime Minister, William Pitt. Established a system of double government with Court of Directors (CoD) & Board of Control (BoC). Distinguished between political and commercial functions of the Company. o Commercial Functions: CoD; Political Functions: Board of Control BoC. Board of control would supervise and direct all civil and military operations of govt, and Pitt’s India Act of this made the company a subordinate department of British Govt. 1784 British Govt was given supreme control over company's affairs and administration. Company’s territories were called “British possessions in India”. Act of 1786 1786: Lord Cornwallis was appointed as GGoB. He placed two demands to accept the post: o Overriding power over the decision of GG-in-Council. o Be the Commander-in-Chief EIC commercial privileges (trade monopoly) extended for another 20 years, and it was required to pay 5 lakh pounds directly to British govt annually. Charter Act of Revenue administration was separated from judiciary functions and thus “Maal adalats” 1793 disappeared. www.iascorridor.com https://telegram.me/iascorridor 8340118519 3  IAS CORRIDOR EIC was authorized to give licenses to individuals as well as company employees to trade in India. This license, known as “Privilege” or “Country trade”, paved the way to opium shipments to China. Home govt members were to be paid ❖ Sunset Clause: It is a provision in out of Indian revenue and it continued legislation, rule, or statute that states till 1919. that the law will no longer be in effect Overriding power extended to all after a certain date unless it is future GGs and Gov of Presidencies. extended by legislative action. EIC was to retain the possession of territories and the revenue for 20 years more (but asserted sovereignty of the British Crown over the Indian territories). Trade monopoly of EIC in India ended due to pressure from other traders on the British government, but it still retained trade with China and the tea trade. A sum of one lakh rupees was to be set aside for encouraging education in India for Charter Act of natives. 1813 Christian missionaries permitted to preach religion in India. All regulations made by councils of Madras, Bombay and Calcutta presidencies were now needed to be laid before British parliament. Company’s shareholders were given 10.5% dividend on revenue in India thus reducing accumulation of profit in company. Powers of Board of Control further enlarged. Also known as the Saint Helena act of 1833 as it transferred control of the island of Saint Helena from the EIC to the British Crown. Lease of 20 years was again extended but company’s monopoly over traded with china and trade in tea also ended. GG of Bengal → GG of India (1st - Lord William Bentick) GGoI had exclusive legislative powers over entire British territory in India which meant legislative powers of Bombay and Madras was gone. Charter Act of All restrictions over European immigration and acquisition of property in India were 1833 lifted to enable wholesale colonization of India. Indian laws were to be codified and consolidated. No Indian citizen was to be denied employment under company due to any bias. But this remained on paper. Attempted to introduce a system of open competition for selection of civil servants. Ended EIC's functions as a commercial body. Only administrative functions remained. Company’s territory in India were now held in the name of crown. It was the final step towards centralization in British India. Laws under previous acts were called REGULATIONS, now called ACTS. This time again the company’s rule on behalf of crown was extended but no time frame Charter Act of was given this time. 1853 Executive & Legislative functions of the GG’s Council were separated. 6 new members to the Legislative Council, 4 members were appointed by Provisional Governments of Bengal, Bombay, Madras and Agra. Known as Indian (Central) Legislative Council. Legislative council functioned as a mini-Parliament & adopted the same process as British Parliament. Introduced an open competition system for civil servants. Covenanted (Higher) Civil Services were opened to Indians. Macaulay committee on Indian civil services1854 was constituted. www.iascorridor.com https://telegram.me/iascorridor 8340118519 4  IAS CORRIDOR The Crown Rule (1773 – 1858) ACTS PROVISIONS GG of India → Viceroy (1st – Lord Canning) Came after Queen Victoria’s proclamation of 1858. Also disclaimed any intention to annex Indian states. Ended the system of Double Government by abolishing both CoD and BoC, established by Pitt’s India Act of 1784. Government of Also ended the doctrine of lapse. India Act of 1858 Abolished EIC and transferred the powers of Govt., territories and revenue to the British (Act for the Good Crown. Government of Queen Victoria also became the sovereign of British territories in India, with the title India) “Empress of India”. A new office “Secretary of State (SoS)” was created. It had complete authority and control over Indian administration. (1st – Lord Stanley) o Assisted by a 15 members advisory body called “Council of India”, chaired by SoS himself. o SoS was a member of British Cabinet and responsible to British Parliament. o SoS-in Council was made a body corporate that is capable of suing and being sued in India and England. Start of representative institutions as Viceroy nominated Raja of Benares, Maharaja of Patiala and Sir Dinkar Rao as non-official members of legislative council. But official members were in the majority. Viceroy was empowered to make rules and orders for more convenient transactions of business in council. Viceroy could issue ordinance without council’s concurrence in case of emergency which had effect for 6 months. Portfolio system introduced by Canning back in 1859 was recognized - members of council made in charge of various departments to issue final orders on behalf of council. Indian Councils It laid the foundations of cabinet govt in India. Act of 1861 Decentralization began: o Legislative powers of Madras and Bombay presidencies were restored. o New legislative councils were established in Bengal (1862), NWFP (1866) and Punjab (1897). ▪ They were established only for the name sake and had no real power. ▪ These legislative councils could not discuss financial matters at all without prior approval from Govt, they had no control over budget, and they could not discuss executive action. Final passage of the bill needed Viceroy’s approval. Increase the number non-official member in provincial & central legislative councils on the demand of INC which was formed in 1885. But still official majority prevailed. Powers of discussing budget and addressing questions to executive was given to Indian Councils members of legislative council but they were not allowed to vote, amend or ask Act of 1892 supplementary questions. At central legislative council some nonofficial members were nominated by viceroy on recommendations of: (a) Provincial legislative council (b) Bengal chamber of commerce www.iascorridor.com https://telegram.me/iascorridor 8340118519 5  IAS CORRIDOR At provincial level, some non-official members of legislative council were nominated by Governor on recommendations of: (a) District boards (b) Municipalities (c) Universities (d) Trade associations (e) Zamindars (f) Chambers This was an indirect and extremely limited franchised election, but it was never called an election but rather a nomination. SoS: Lord Morley; Viceroy: Lord Minto Size of both Central and provincial legislative council was again increased. Size of central legislative council was increased to 60 from 16 while provincial legislative councils had differing strengths. Official majority was still retained in Central legislative assembly while in provincial legislative assembly, non-official majority was established. Executive councils of Viceroy and Gov had first time got Indians associated with it. Satyendra Prasad Sinha, as a law member, was first Indian in Viceroy’s executive council. Enlarged the functions of the legislative councils at both levels. Allowed to ask supplementary questions, move resolutions on the budget, can vote on separate items of Indian Councils budget but not whole budget etc. Act of 1909 Elective principle was recognized for nonofficial members. It was an indirect election. (Morley Minto Local bodies elected and electoral college which in turn elected members of provincial Reforms) legislatures which in turn elected members of central legislature. Introduced separate electorates for Muslims. o Thus, Lord Minto was called Father of communal electorate in India. Separate representation (Reserved seats, not separate electorate) was given to presidency corporations, chambers of commerce, universities and zamindars. Oct 1906: Shimla deputation, a group of Muslim elites led by Agha khan met lord Minto and demanded separate electorate and representation in excess of their numerical strength for Muslims and also keep income qualification lower for them. This group took over Muslim league founded by Nawab Salimullah of Dacca, Mohsin-ul-Mullk and Waqar-ul-Mulk in 1906. Gopal Krishna Gokhale (Moderate) went to England and met John Morley for demanding self-governing system in India like other colonies. Thus came Morley-Minto reforms. SoS: Edwin Montagu; Viceroy: Lord Chelmsford Stage wise responsible govt in India in line with the Montagu’s Statement of 1917 (August Declaration). o Carrot: Mont-Ford Reform; Stick: Measures such as Rowlatt Act. New office of “High Commissioner for India” was created in England and some powers of SoS was transferred to it. SoS for India was now paid out of British exchequer. 3/6 of Viceroy’s executive council were now Indians. Govt. of India Central govt was still without responsible govt. and 75% of budget was still not votable. Act of 1919 GG could restore cuts in grants, certify bills rejected by central legislature. (Montagu At Centre, Bicameralism was introduced: Indian Legislative Council → Council of Chelmsford states (upper house) + Legislative assembly (lower house). Reforms) o Council of states tenure was 5 years and had only male members and central legislative assembly had a tenure of 3 years. o Majority of both these houses were elected by direct election which was introduced for the first time. www.iascorridor.com https://telegram.me/iascorridor 8340118519 6  IAS CORRIDOR o Franchise was based on property, tax and education. Separate electorate was extended to Sikhs, Indian Christians, Anglo Indians and Europeans apart from Muslims. Central Public Service Commission was established in 1926 to recruit civil servants on the basis of recommendations of Lee commission (1924). Dyarchy (scheme of Dual Governance) was introduced in Provinces. o Central and Provincial subjects were demarcated, and Central and Provincial budgets were also separated for the first time. o Provincial subjects were further classified into Reserved and Transferred. o Reserved subjects (law and order, finance, land revenue, irrigation etc.) were to be administered by Gov with the aid of executive council of bureaucrats which was not responsible to legislative council of state. o Transferred subjects (education, health, local govt, industry, agriculture, excise etc.) were to be administered by Gov with the aid and advise of ministers who were responsible to the legislative council of state and had to resign in case no confidence motion was against them. o In case of constitutional machinery failure in province, governor could take over transferred subjects also. o Secretary of state for India and Gov general had full interference rights on reserved subjects and limited scope on transferred subjects. 70% of the provincial legislative council was now elected. Women also got voting rights. o The Legislative council in provinces could initiate legislation but only with the governor’s assent. The governor could veto bills and issue ordinances. Legislative councils could reject the budget, but the governor could restore it. Statutory commission was to be appointed 10 years after the act to inquire and report on working of GoI Act 1919. (Simon Commission) Moderates declared it as Magna Carta of India. 321 sections, 10 schedules Origin in RTC held in London after Simon commission report. An initiative to establish an all-India federation of provinces and princely states was proposed, but it did not become a reality because the condition of 52 seats with a 50% population was not met due to Princely states not joining it. Federal list, Concurrent list and Provincial list was prepared with power over Residuary list vested in Viceroy. Abolished Dyarchy at provincial level and autonomous and responsible government was set up where Governor was to act on advice of ministers responsible to provincial Govt. of India legislature. This responsible govt in provinces started in 1937 and ended in 1939. Act of 1935 Dyarchy was planned at Centre but did not realize. Council of India was abolished (created by GoI Act of 1858) and SoS for India was provided with a team of advisors. (SoS for India was finally abolished in 1947 and SoS for commonwealth affairs replaced it) Provinces were freed from superintendence of SoS and GG and derived legal authority directly from British crown. o Governors were now the Crown’s nominee to exercise authority over provinces. He could take over and indefinitely run administration. Bicameralism was established in 6/11 provinces where legislative council was upper house and legislative assembly was lower house. Act provided for the establishment of RBI, federal court (1937) and also provided for establishment of Federal, Provincial and Joint Public Service Commissions. Provided for the establishment of a Federal Railway Authority to look after the administration of railways. www.iascorridor.com https://telegram.me/iascorridor 8340118519 7  IAS CORRIDOR Provided for the appointment of an Auditor-General of India to audit the accounts of the Federation and the provinces. Franchise was further extended to 14% of the total population. Reservation for SC, women and labour (workers) and previous separate electorate was retained. Council of states: Permanent body with the tenure of 5 years, one third members retired every year. o 260 members → 60% directly elected from British Indian provinces + 40% nominated by princes. They could not move a no confidence motion against ministers. Federal assembly: 375 members → 66% indirectly elected from British Indian provinces + 33% nominated by princes. They could move a no confidence motion against ministers. 80% of the budget was still not votable. 40% of the budget in provinces was still not votable. And governor could refuse to assent a bill and could issue ordinance. Right of amendment was reserved with British Parliament. GG (Viceroy) could still restore cuts in grants, certify bills rejected by legislature, issue ordinances and exercise his veto. Burma (now Myanmar) was separated from India. Separation of Bihar and Orissa into different provinces. Sindh was separated from Bombay. Ended the British rule in India and declared India as independent and sovereign state from August 15, 1947. Provided for the partition and creation of two independent dominions. Abolished the office of Viceroy and provided, for each dominion, a GG, who was to be appointed by the British King on the advice of the dominion cabinet. o His Majesty's Government in Britain was to have no responsibility with respect to the Government of India or Pakistan. Empowered the Constituent Assemblies of the two dominions to frame and adopt any constitution for their respective nations and to repeal any act of the British Parliament. Abolished the office of the SoS for India and transferred his functions to the SoS for Indian Commonwealth Affairs. Independence Proclaimed the lapse of British paramountcy over the Indian princely states and treaty Act of 1947 relations with tribal areas from August 15, 1947. Granted freedom to the Indian princely states either to join the Dominion of India or Dominion of Pakistan or to remain independent. Provided for the governance of each of the dominions and the provinces by the GoI Act of 1935, till the new Constitutions were framed. Designated the GGoI and the provincial governors as constitutional (nominal) heads of the states. They were made to act on the advice of the respective council of ministers in all matters. Dropped the title of Emperor of India from the royal titles of the King of England. Discontinued the appointment to civil services and reservation of posts by the secretary of state for India. Lord Mountbatten became the first Governor-General of the new Dominion of India. o He swore in Jawaharlal Nehru as the first Prime Minister of independent India. www.iascorridor.com https://telegram.me/iascorridor 8340118519 8