History and Making of the constitution

Introduction

The Constitution of India is the supreme law of the land and the foundation of India’s democratic polity. Before going deeper into its history, let us first understand the word “Constitution” which has Latin roots. It is made from “constituere” which means to set up. Therefore, we can say that the constitution is the structure on which the government’s administration is based.

According to Oxford Dictionary, Constitution is the system of laws and basic principles that a state, a country, or an organization is governed by.

History of the Indian Constitution

Indian constitutional development did not begin abruptly in 1946, but its journey lies way back in the 1600s, when the East India company came into being for the first time. This company came to India for trade & commerce but with over time the company gained political control and power over India, so the development evolved through a series of British enactments that introduced limited self-governance and administrative governance.

1. Regulating Act, 1773

• First attempt by the British Parliament to regulate East India Company administration.
• Established the office of the Governor-General of Bengal and the first Governor General was Warren Hastings.
• Supreme court has been established in Calcutta as the Apex court in 1774.
• Marked the beginning of Centralised administration with the presidencies of Madras & Bombay being made subordinate to the Bengal presidency.

2. Pitts India Act, 1784

• The British Company asserted ownership of company territories which were called ‘The British possessions in India’.
• Established dual control by the British Government and the Company.
• Distinguished between political and commercial functions of the Company.
• Court of Directors managed the commercial activities while the Board of control managed political affairs.
• Governor Council set up in Madras and Bombay.

3. Charter Act. 1813

• This Act ended monopoly of East India Company over trade except in Tea & opium.
• The British Crown asserted supreme powers over the council.

4. Charter Act. 1833

• Legislative power of Bombay and Madras presidencies were removed.
• Governor General of Bengal was designated as Governor General of India who was William Bentinck.

5. Charter Act, 1853

• This Act separated the legislative and executive functions of the council of the Governor General.
• A Central Legislative council formed for India having 6 members.
• Recruitment of Indian Civil service started by Open competition.

6. Government of India Act, 1858

• After 1857 revolt, Rule of company ended and power transferred to the British crown.
• Secretary of state for India was created.
• Lord Canning was made the First Viceroy of India.
• Court of Directors and the Board of control were abolished.
• Parliamentary rule was introduced.

7. Indian Council Acts, 1861

• Legislative councils were established in the provinces and the centre.
• Madras and Bombay restored their legislative power.
• India’s representation in Viceroy’s councils.
• Portfolio system recognized.

8. Indian Council Acts, 1892

• Introduced indirect elections with partial representation of people.
• Legislative council expanded.

9. Indian Council Act, 1909 (Morley – Minto Reform)

• This Act has been introduced and implemented by Morley (Secretary of state) and Minto (Viceroy of the state).
• Central Legislative council became Imperial Legislative Council.
• Direct Elections introduced to the legislative council.
• No. of members in central legislative council increased to 60 from 16.
• Separate Communal electorate was accepted.
• An Indian (Satyendra prasad Sinha) was made a member of the Viceroy’s executive council.
• Divide and Rule depicted.

10. Government of India Act, 1919 (Montagu – Chelmsford Reforms)

• This Act has been introduced and implemented by Montagu (Secretary of state) and Chelmsford (Viceroy of the state)
• Diarchy was introduced.
• Bicameral Legislature introduced.
• It becomes mandatory that 3 members of Viceroy Executive council must be Indian.
• This Act extended Voting Rights allowed 10% of the population their Right to vote.
• A Public Service commission was established in India.
• Self-Governance was introduced.
• Responsible government provided.
• Separation of powers between centre and provinces
• Communal Scheme of 1909 extended and separate electorate system for Sikhs, Christian, Anglo Indians introduced.
• Office of High commissioner created in London.

11. Non – Cooperation Movement, 1920

• Non – Cooperation movement has been started by Mahatma Gandhi.
• He is against Government of India Act 1919 and proposed to self-governance through people of India.

12. Simon Commission, 1927

• The British Government appointed Simon commission of 7 members to provide a report on the condition of India under new constitution.
• Chairman of Simon commission was Sir John Simon.
• All the members were Britishers So the congress decide to boycott it.

13. Nehru Report, 1928

• Motilal Nehru drafted the Nehru Report, which proposed a constitutional framework for India, including dominion status and a secular democratic system.

14. MN Roy, 1934

• MN Roy proposing the idea of a Constituent assembly.

15. Government of India Act, 1935

• It is the Longest and last constitutional measure introduced by British India also known as Mini Constitution.
• It is the result of Multiple round table conferences and report by the Simon commission
• Bicameralism introduced in 6 provinces out of 11 provinces.
• Powers divided into Federal list, Provincial list, and concurrent list.
• Provincial autonomy introduced in the provinces by abolishing the dyarchy.
• Provision for establishing for the adoption of dyarchy at the centre.
• Establishing Federal court, RBI.
• Establish All India Federation.
• Divided into two separate Acts.

16. Auguste Offer, 1940

• Britishers accepted demand of Independence.

17. Cripps Mission, 1942

• The mission headed under the leadership of Sir Stafford Cripps.
• Mission is about it give dominium status to India, but the proposals has been rejected by the people of Muslim league because they want their own constituent assembly.

18.  Cabinet Mission Plan, 1946

• The Failure of Cripps mission led to the creation of cabinet mission plan.
• It provides for the formation of constituent assembly.
• Members were indirectly elected by provincial legislatures.

19. Indian Independence Act, 1947

• This Act enacted by the British Parliament and marked the formal end of British rule in India with effect from 15 August 1947.
• Creation of two Dominions: India and Pakistan.
• Constituent Assemblies of both Dominions empowered to Frame their own Constitutions and act as legislative bodies.

Making of the Indian Constitution

1. Constituent Assembly

• MN Roy proposed this idea of making an constituent assembly back in 1934.
• The demand for a Constituent Assembly was a central element of India’s anti-colonial freedom movement.
• The Assembly was constituted in 1946 under the British Cabinet Mission Plan, which also prescribed its composition and functioning.
• The Assembly was religiously dominated by Hindus (94.6%), though minorities such as Christians, Parsees, Sikhs, and Muslims were represented.
• 229 members were elected from 12 British Indian provinces, while 70 members represented the Princely States. Six members belonged to backward tribal communities.
• The Constituent Assembly held its first sitting on 9 December 1946 and completed its work in 2 years and 11 months.
• It met in 11 sessions and deliberated for a total of 166 days.
• Most deliberations focused on the Draft Constitution prepared by the Drafting Committee.
• Members proposed amendments in advance, which were debated clause-by-clause.
• Decisions were taken by majority vote, with amendments being either adopted or rejected.

.2. Objective Resolution

• The Objective Resolution was moved by Jawaharlal Nehru in the Constituent Assembly on 13 December 1946.
• It laid down the philosophical foundations and guiding principles of the Indian Constitution and expressed the ideals that the Constitution sought to achieve.
• The Objective Resolution was adopted on 22 January 1947 and became the basis of the Preamble to the Constitution of India
• It guided the framing of:

1. Fundamental Rights
2. Directive Principles of State Policy
3. Federal structure and democratic governance

3. Drafting Committee

• The Drafting Committee was one of the most important committees of the Constituent Assembly of India.
• It was constituted on 29 August 1947 to prepare the Draft Constitution of India based on reports submitted by various committees.
• The Drafting Committee consisted of seven members:

1. Dr. B. R. Ambedkar – Chairman
2. N. Gopalaswami Ayyangar
3. Alladi Krishnaswami Ayyar
4. Dr. K. M. Munshi
5. Syed Mohammad Saadullah
6. B. L. Mitter (later replaced by N. Madhava Rau)
7. T.T. Krishnamachari (replaced D. P. Khaitan who died in 1948)

4. Other Committees

8 Major committees and other were minor

1. Union Power Committee - Jawaharlal Nehru
2. Union Commission Committee - Jawaharlal Nehru
3. Provincial Constitution Committee – Sardar Vallabhbhai Patel
4. Drafting Committee - B.R. Ambedkar
5. Advisory Committee on FR’s, minorities, tribal & excluded areas - Sardar Vallabhbhai Patel
6. Rules of Procedure Committee – Dr. Rajendra Prasad
7. States Committee (Committee for negotiating with states) – Jawaharlal Nehru
8. Steering Committee – Dr. Rajendra Prasad

 5. Adoption and Enforcement of Indian Constitution

• The Draft of constitution declared as passed, adopted, enacted and gave to themselves this constitution on 26 November 1949.
• Came into force on 26 January 1950
• 26 January chosen to commemorate the Purna Swaraj Declaration (1930)

Conclusion

The Constitution of India emerged from a long course of historical developments and the dedicated work of the Constituent Assembly. Extensive debates and the functioning of various committees helped in establishing a democratic system of governance. The Objective Resolution provided the guiding principles of the Constitution, while the Drafting Committee translated these principles into concrete legal provisions. The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950, embodying the ideals of justice, liberty, equality, and popular sovereignty.