Historical Background of Indian Constitution

The historical background of the Indian Constitution can be traced through a series of laws and constitutional reforms introduced during British rule. From the Regulating Act of 1773 to the Indian Independence Act of 1947, these measures gradually changed the structure of administration, legislation and representation in India.

The Constitution of India did not emerge suddenly in 1950. Many institutions and administrative practices had evolved over a long period, particularly during the rule of the East India Company and later under the British Crown.

Before independence, the Indian subcontinent broadly consisted of territories directly administered by the British, collectively known as British India, and numerous Princely States ruled by Indian rulers under British paramountcy.

In 1947, British India was partitioned between the new Dominions of India and Pakistan. British paramountcy over the Princely States also ended, after which the process of accession and political integration of the states into India took place.

Historical Background of the Indian Constitution

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Present-day India has a parliamentary system of government, a Union of States with federal features, an independent judiciary, public service commissions, elected legislatures and constitutionally recognised local governments.

Several institutional ideas connected with administration, legislation, public services and Centre-State relations evolved during the colonial period. However, the Constitution of India was not simply a continuation of British institutions. It was fundamentally reshaped by the freedom struggle, Indian constitutional thought, the Constituent Assembly and ideas drawn from several constitutional systems across the world.

The constitutional development of India under British rule can be understood broadly in two phases:

• Company Rule: Parliamentary regulation of the East India Company from 1773 to 1858.
• Crown Rule: Direct rule of the British Crown from 1858 to 1947, accompanied by gradual expansion of legislative institutions and limited Indian representation.

Regulating Act of 1773

The Regulating Act of 1773 was the first major attempt by the British Parliament to regulate the administration of the East India Company in India.

• It marked the beginning of Parliamentary control over the East India Company’s political and administrative activities in India.
• The Governor of the Presidency of Fort William in Bengal was designated the Governor-General of Bengal.
• Warren Hastings became the first Governor-General of Bengal.
• An Executive Council consisting of four members was created to assist the Governor-General.
• The Presidencies of Bombay and Madras were made subordinate to Bengal in important matters, particularly those involving war and peace.
• The Act provided the basis for establishing the Supreme Court of Judicature at Fort William in Calcutta. The Court was established by Royal Charter in 1774.
• Company servants were prohibited from engaging in private trade and from accepting unauthorised presents or bribes.
• The Court of Directors of the East India Company was subjected to greater reporting requirements regarding Indian administration.

Significance: The Regulating Act of 1773 was the first important step towards establishing a centralised administrative structure in British India and bringing the East India Company under Parliamentary supervision.

Act of Settlement of 1781

The Regulating Act created serious disputes regarding the jurisdiction of the Supreme Court and its relationship with the Governor-General and his Council. The Act of Settlement of 1781, also known as the Amending Act of 1781, attempted to resolve these difficulties.

• It clarified and restricted the jurisdiction of the Supreme Court at Calcutta.
• The Governor-General and members of his Council were protected from the Court’s jurisdiction for acts performed in their official capacity, subject to the law applicable at the time.
• Revenue matters and actions connected with the collection of revenue were largely excluded from the jurisdiction of the Supreme Court.
• The Court was required to take into account the personal laws and customs applicable to Indians in relevant matters.
• It recognised the judicial authority exercised through the Company’s provincial courts.

Significance: The Act attempted to reduce conflict between the Company’s executive administration and the newly established Supreme Court.

Pitt’s India Act of 1784

Pitt’s India Act introduced a system of dual control over the East India Company’s administration.

• It distinguished between the Company’s commercial functions and its political functions.
• The Court of Directors continued to manage the Company’s commercial affairs.
• A new Board of Control, representing the British Government, was established to supervise political, civil and military affairs relating to India.
• It significantly increased the British Government’s control over the Company’s administration.
• The strength of the Governor-General’s Council was reduced.
• It further strengthened the authority of the Governor-General over the Presidencies of Bombay and Madras.

Significance: Although the East India Company continued to administer India, the British Government acquired greater control over Indian political affairs.

Act of 1786

The Act of 1786 further strengthened the position of the Governor-General.

• It permitted the Governor-General, in specified circumstances, to override the decision of his Council and act on his own responsibility.
• It also made it possible for the same person to hold the offices of Governor-General and Commander-in-Chief.

These changes were particularly associated with the appointment of Lord Cornwallis as Governor-General.

Charter Act of 1793

The Charter Act of 1793 renewed the East India Company’s charter and continued the administrative framework created by earlier legislation.

• The Company’s commercial privileges and control over Indian territories were continued for another twenty years.
• The supervisory system involving the Board of Control and the Court of Directors was continued.
• The authority of the Governor-General over the subordinate Presidencies was further consolidated.

Charter Act of 1813

The Charter Act of 1813 marked an important change in the commercial position of the East India Company.

• The Company’s monopoly over trade with India was substantially ended, allowing other British subjects to trade with India.
• However, the Company temporarily retained its monopoly over the tea trade and trade with China.
• The Act asserted the sovereignty of the British Crown over the territories held by the Company.
• Christian missionaries were permitted greater access to British Indian territories.
• The Act provided for an annual expenditure of one lakh rupees for the promotion of education and knowledge in India.

UPSC point: The Charter Act of 1813 did not completely end the Company’s trade monopoly. The monopoly over tea and trade with China continued until the Charter Act of 1833.

Charter Act of 1833

The Charter Act of 1833 was an important step towards the administrative centralisation of British India.

• The Governor-General of Bengal became the Governor-General of India.
• Lord William Bentinck became the first Governor-General of India.
• The legislative powers previously exercised by the Presidencies of Bombay and Madras were substantially centralised in the Governor-General-in-Council.
• The Governor-General-in-Council obtained extensive legislative authority over British Indian territories.
• The East India Company’s remaining commercial activities were terminated, including its monopoly over the tea trade and trade with China.
• The Company thereafter functioned primarily as an administrative and political agency on behalf of the British Government.
• Provision was made for adding a Law Member to the Governor-General’s Council for legislative work.
• Thomas Babington Macaulay became the first Law Member in 1834.
• The Act also enabled the appointment of a Law Commission. The First Law Commission was established in 1834 under Macaulay.

Significance: The Charter Act of 1833 greatly strengthened administrative and legislative centralisation and completed the transformation of the East India Company from a commercial organisation into primarily an administrative body.

Charter Act of 1853

The Charter Act of 1853 was the last Charter Act passed for the East India Company.

• It marked a clearer separation between the legislative and executive functions of the Governor-General’s Council.
• For legislative purposes, six additional legislative councillors were added.
• Four of these represented the administrations of Bengal, Bombay, Madras and the North-Western Provinces.
• The other two were the Chief Justice of the Supreme Court at Calcutta and another judge of that Court.
• Thus, the Governor-General’s Council, when performing legislative functions, became a larger body than the executive council.
• It introduced a limited form of local representation in the central legislative machinery.
• The Act opened the way for recruitment to the civil services through open competitive examination.
• The Macaulay Committee on the Indian Civil Service was subsequently appointed in 1854, and competitive recruitment was introduced thereafter.
• Unlike previous Charter Acts, the Company’s authority was continued without fixing another twenty-year period.

Significance: The Charter Act of 1853 further differentiated legislative work from executive administration and contributed to the development of a distinct central legislative institution.

Government of India Act of 1858

The Revolt of 1857 fundamentally changed the structure of British administration in India. The Government of India Act of 1858 ended the East India Company’s rule.

• The administration of India was transferred from the East India Company to the British Crown.
• The powers earlier exercised by the Company’s Court of Directors and the Board of Control were transferred to the British Government.
• The offices of the Board of Control and the Court of Directors were abolished.
• A new office of the Secretary of State for India was created.
• The Secretary of State was assisted by a Council of India consisting initially of 15 members.
• The Governor-General became the principal representative of the British Crown in India and came to be known as the Viceroy.
• Lord Canning was the first Governor-General to serve as Viceroy after the transfer of power to the Crown.

Significance: The Act began the period of direct Crown rule, commonly called the British Raj, which continued until 1947.

Indian Councils Act of 1861

The Indian Councils Act of 1861 introduced important changes in the legislative machinery and marked the beginning of the association of Indians with the legislative process.

• It enlarged the Governor-General’s Council for legislative purposes by allowing the nomination of additional members.
• Some of these additional members could be non-officials.
• In 1862, Lord Canning nominated three Indians to the legislative council: the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao.
• This represented an early, though very limited, association of Indians with law-making.
• It is important to distinguish these nominated legislative members from membership of the Viceroy’s Executive Council. Indians did not enter the Viceroy’s Executive Council under the 1861 Act.
• The Act restored legislative powers to the Presidencies of Bombay and Madras, reversing part of the centralisation introduced in 1833.
• It empowered the creation of legislative councils for other provinces.
• It gave statutory recognition to the portfolio system, under which different members of the Governor-General’s Council were placed in charge of different departments.
• It also empowered the Governor-General to issue ordinances in cases of emergency, subject to limitations prescribed by the Act.

Significance: The Act initiated a limited process of legislative decentralisation and introduced Indians into the legislative process through nomination.

Indian Councils Act of 1892

The Indian Councils Act of 1892 expanded the legislative councils and introduced a stronger, though still limited, representative element.

• The number of additional members in the Central and Provincial Legislative Councils was increased.
• Non-official members were formally nominated, but some nominations were made on the recommendation of bodies such as municipalities, district boards, universities and chambers of commerce.
• This arrangement is generally regarded as the beginning of an indirect elective principle, although the Act itself largely used the language of nomination rather than election.
• Legislative councils were permitted to discuss the annual financial statement or Budget.
• Members were allowed to ask questions on public matters subject to prescribed rules.
• However, the councils still had very limited control over the executive.

Significance: The Act modestly expanded participation and legislative discussion but did not establish responsible government.

Indian Councils Act of 1909: Morley-Minto Reforms

The Indian Councils Act of 1909 is commonly known as the Morley-Minto Reforms, after John Morley, the Secretary of State for India, and Lord Minto, the Viceroy.

• The size of the Central and Provincial Legislative Councils was substantially increased.
• The maximum number of additional members of the Governor-General’s legislative council was increased to 60.
• The elective principle was considerably expanded, although the franchise remained highly restricted and the electoral arrangements included indirect and special forms of representation.
• The Act introduced separate electorates for Muslims, under which Muslim voters elected Muslim representatives to designated seats.
• This formally introduced communal representation into the electoral system at the legislative level.
• The powers of legislative councils to discuss the Budget, move resolutions and ask questions were enlarged.
• For the first time, an Indian was appointed to the Viceroy’s Executive Council. Satyendra Prasanna Sinha became the Law Member in 1909.

UPSC point: It is better to say that the 1909 reforms expanded the elective principle rather than simply stating that they introduced universal or general direct elections. The electoral system remained restricted and complex.

Government of India Act of 1919: Montagu-Chelmsford Reforms

The Government of India Act of 1919 was based largely on the constitutional reform proposals associated with Edwin Montagu, the Secretary of State for India, and Lord Chelmsford, the Viceroy.

• It divided subjects of administration between the Centre and the Provinces.
• At the provincial level, it introduced the system of dyarchy.
• Provincial subjects were divided into reserved subjects and transferred subjects.
• Reserved subjects were administered by the Governor and his Executive Council.
• Transferred subjects were administered by Indian ministers who were expected to work with the provincial legislature.
• The Act introduced bicameralism at the Centre.
• The two chambers were the Council of State and the Legislative Assembly.
• The Council of State could have up to 60 members.
• The Legislative Assembly initially consisted of 140 members, of whom 100 were elected under the statutory scheme.
• Direct elections were introduced on a considerably larger scale, although voting rights were still restricted by qualifications relating to matters such as property, tax and status.
• Communal and special representation was continued and extended to additional communities and interests.
• The Act provided for the establishment of a Public Service Commission. The first Public Service Commission in India was subsequently established in 1926.
• It also provided for a High Commissioner for India in London.

Significance: The 1919 Act expanded representative institutions but stopped far short of responsible government at the Centre. Its system of dyarchy in the Provinces also proved controversial and was later abolished by the Government of India Act of 1935.

Government of India Act of 1935

The Government of India Act of 1935 was the most extensive constitutional statute enacted by the British Parliament for India.

• It proposed the establishment of an All-India Federation consisting of British Indian Provinces and Princely States.
• However, the proposed federation never came into operation because the required accession of the Princely States did not materialise.
• The Act divided legislative subjects into three lists:
  • Federal List: 59 subjects.
  • Provincial List: 54 subjects.
  • Concurrent List: 36 subjects.
• The Governor-General was given important authority in relation to residuary subjects under the constitutional scheme.
• The Act abolished dyarchy in the Provinces and introduced Provincial Autonomy.
• Provincial governments were expected to function with ministers responsible to the provincial legislatures, subject to the Governor’s special responsibilities and discretionary powers.
• The Act proposed dyarchy at the Centre, but this federal part of the scheme never came into operation.
• It introduced bicameral legislatures in six Provinces:
  • Assam
  • Bengal
  • Bombay
  • Bihar
  • Madras
  • United Provinces
• It provided for the establishment of a Federal Court. The Federal Court of India was established in 1937.
• The Act abolished the Council of India that had assisted the Secretary of State for India.
• The franchise was expanded, although only a minority of the population possessed voting rights.
• The broader constitutional changes of this period also saw the separation of Burma from British India in 1937 under separate legislation.

Very important UPSC point: The Government of India Act of 1935 was not wholly unimplemented. The proposed All-India Federation and dyarchy at the Centre did not come into operation. However, Provincial Autonomy came into operation on 1 April 1937.

Several structural ideas later found in the Constitution of India had important precedents in the 1935 Act, including the division of legislative subjects, provincial administration, public service commissions, the office of Governor and a federal court. However, the Constitution transformed these institutions within a sovereign democratic constitutional framework.

Indian Independence Act of 1947

The Indian Independence Act of 1947 ended British rule and provided the immediate legal framework for the transfer of power.

• It provided for the establishment of two independent Dominions, India and Pakistan, from 15 August 1947.
• British responsibility for governing British India came to an end.
• British paramountcy or suzerainty over the Princely States lapsed, along with the treaties and political arrangements based upon it.
• The office of the Viceroy ceased to operate in its earlier imperial sense, and each Dominion was to have a Governor-General.
• The British Parliament ceased to exercise legislative authority over the new Dominions in the manner in which it had done before independence.
• The Constituent Assemblies were empowered to function both as constitution-making bodies and legislative bodies for their respective Dominions.
• India initially continued as a Dominion rather than immediately becoming a Republic.

Important distinction: India became independent on 15 August 1947, but it became a Republic on 26 January 1950 when the Constitution of India came fully into force.

What Governed India Between 1947 and 1950?

One common source of confusion concerns the constitutional system that operated immediately after independence.

The statement that India continued to function only under the Government of India Act of 1919 until 1947 is incorrect.

Important provisions of the Government of India Act of 1935, particularly Provincial Autonomy, had already come into operation from 1937.

After independence, the Government of India Act of 1935, as adapted and modified for the new constitutional situation, continued to provide much of the interim constitutional framework until the Constitution of India came into force.

Thus, the broad transition was:

Government of India Act, 1935 → Indian Independence Act, 1947 and adapted 1935 framework → Constitution of India, 1950.

From the Constituent Assembly to the Constitution of India

The constitutional development of India did not end with the Indian Independence Act.

• The Constituent Assembly of India first met on 9 December 1946.
• After independence, it functioned as both a constitution-making body and, in a separate capacity, as the Dominion legislature.
• The Drafting Committee was appointed on 29 August 1947 under the chairmanship of Dr. B.R. Ambedkar.
• The Constitution was adopted on 26 November 1949.
• The members formally signed the Constitution on 24 January 1950.
• Most provisions of the Constitution came into force on 26 January 1950.
• India thereby became a Sovereign Democratic Republic under the original wording of the Constitution.

Important Constitutional Developments: Points to Remember

• 1773: The Regulating Act marked the beginning of serious Parliamentary regulation of the East India Company’s administration in India.
• 1784: Pitt’s India Act established the system of dual control involving the Court of Directors and the British Government’s Board of Control.
• 1833: The Charter Act greatly centralised legislative authority and created the office of Governor-General of India.
• 1853: The legislative and executive functions of the Governor-General’s Council became more clearly differentiated.
• 1858: Company rule ended and administration was transferred to the British Crown.
• 1861: Indians began to be associated, in a very limited nominated capacity, with the legislative process.
• 1892: An indirect elective principle began to develop through recommendations for nomination to legislative councils.
• 1909: The elective element expanded and separate electorates for Muslims were introduced.
• 1919: Dyarchy was introduced in the Provinces and bicameralism was introduced at the Centre.
• 1935: Provincial Autonomy and a detailed federal scheme were provided; Provincial Autonomy actually came into operation in 1937, while the proposed All-India Federation did not.
• 1947: British rule ended and India and Pakistan became independent Dominions.
• 1950: The Constitution of India came into full operation and India became a Republic.

Other Important Developments During British Rule

• Warren Hastings reorganised district administration in Bengal in the early 1770s, including the development of the office of the District Collector.
• The Cornwallis reforms later brought important changes to revenue and judicial administration and more clearly separated certain judicial and revenue functions.
• Lord Mayo’s Resolution of 1870 promoted financial decentralisation and transferred responsibility for some functions to provincial governments.
• Lord Ripon’s Resolution of 1882 became an important landmark in the development of local self-government. Ripon is therefore commonly described as the Father of Local Self-Government in India.
• The Railway Budget was separated from the General Budget in 1924, following the recommendations of the Acworth Committee. The separate Railway Budget arrangement continued for decades before being merged with the Union Budget from 2017.
• From the late eighteenth century to the middle of the nineteenth century, there was a broad trend towards administrative centralisation. From the latter half of the nineteenth century, limited decentralisation and provincial legislative development also began to take place.

How Did British-Era Constitutional Developments Influence the Constitution of India?

It would be inaccurate to say that India’s present constitutional system is simply a continuation of British rule. Nevertheless, several administrative and institutional arrangements developed during the colonial period became historical precedents that the Constituent Assembly could examine, retain, modify or reject.

Important examples include:

• Parliamentary institutions and cabinet-style executive responsibility.
• Bicameral legislative institutions.
• The office of Governor.
• Public Service Commissions.
• A federal distribution of legislative subjects.
• Administrative relations between the Centre and the Provinces.
• The development of an organised judiciary and a Federal Court.
• Legislative procedures and institutionalised law-making.

At the same time, the Constitution established something fundamentally different from the colonial system: popular sovereignty, universal adult franchise, Fundamental Rights, constitutional limitations on government, representative democracy and a republican political order.

The framers also drew extensively from the experience of the Indian national movement, Constituent Assembly debates and constitutional systems in countries including the United Kingdom, the United States, Canada, Ireland and Australia.

Historical Background of the Indian Constitution: Quick Revision

A useful way to remember the constitutional evolution is:

1773 – Parliamentary regulation → 1784 – Dual control → 1833 – Centralisation → 1853 – Legislative-executive distinction → 1858 – Crown rule → 1861 – Indian association with legislation → 1892 – Indirect elective principle → 1909 – Separate electorates → 1919 – Dyarchy and central bicameralism → 1935 – Provincial Autonomy and federal scheme → 1947 – Independence → 1950 – Constitution and Republic.

Conclusion

The historical background of the Indian Constitution represents a long transition from the commercial rule of the East India Company to Parliamentary regulation, direct Crown rule, limited representation, provincial autonomy, independence and finally constitutional democracy.

The Acts passed between 1773 and 1947 are important not because independent India simply copied them, but because they formed part of the institutional and constitutional experience against which the framers of the Constitution designed a new political order.

The Constitution adopted on 26 November 1949 and brought fully into force on 26 January 1950 transformed India into a democratic republic based on the authority of “We, the People of India.”

Read: Indian Constitution: History and Evolution