THE FRAMING OF INDIAN CONSTITUTION (PART 1 HISTORY BACKGROUND) POLITY.

THE FRAMING OF INDIAN CONSTITUTION

HISTORY  OF CONSTITUENT DEVELOPMENT : 
Indian constitution was framed by a constitutional assembly but many constitutional experiment introduced by the British govt. before the making of the present constitution so, it can be said that Indian administration structure is considered as a legacy of the British rule.
The British rule in India can be divided in to two parts:

1. Company rule (1757-1858)
2. Crown rule (1858-1947)

CONSTITUTIONAL EXPERIMENTS BEFORE 1858:

To establish trade with the eastern world , in 1599 the East India company was formed & monopoly right of trade was provided for 15 years to east india company by then British queen Elizabeth 

                   On  22 oct 1764 , with the victory of English in the BATTLE OF BEXURE, beginning of company rule was started .To regulate the company affair the (first) british parliment in 1773 passed a bill called regulating act 1773.

(EXTRA FACT: BATTLE OF BEXURE ) BUXAR IS LOCATED NEAR RIVER GANGA (BENGAL) . BATTLE WAS BETWEEN THE FORCES UNDER COMMAND OF THE BRITISH EAST INDIAN COMPANY  LED BY HECTOR MUNRO AND THE COMBINED ARMIES OF 

• MIR QASIM
• THE NAWAB OF BENGAL
• THE NAWAB OF AWADH
• THE MUGHAL EMPEROR SHAH ALAM

 (A)       COMPANY RULE (1757-1858)

REGULATING ACT 1773:

1.This was the first step taken by the British govt. to control & regulate the affair of the east India company in India , i.e ( forbidden to engage in private trade , accept presents or bribes etc)

That also means governance of east Indian company was put parliamentary  control.

2. It set up govt. in calacutta presidency , consist of a governer general and a council of 4 member who excercise their authority jointly (one chief judge & 3 other )

 

3. sir Eliza Emphiy was appointed as first chief justice.

4. the governor of Bengal was made the governor general of all  three presidencies (Bombay , madras & calacutta).

5. Warren hasting was the first governor general of bengal & last governor of bengal.

 6. British crown established a supreme court ( fort Williams 1774) in Bengal

7. At that time British PM was LORD NORTH

8 End of the dual govt.

PITTS ACT OF 1784:

It was enacted to improve upon the provisions of regulating act of 1773 to bring better discipline 

2. Board of control of six member(including 2 cabinet ministers)

& set up to guide & supervise the affair of the company in India.

this act was named after british Pm  WILLAM PITT.

CHARTER ACT OF 1813:

Company was deprived of its trade monopoly in india except trade of tea and trade with china .This made company a more an administrative body.

Christen missionaries were also premitted to india & preach their religion.

 CHARTER ACT OF 1833:

It completely abolished the monopoly , i.e including tea trade and trade with china

2. council get full power regarding revenue , single budget for the country was prepared  by the governor general

3. governor general of Bengal was made the governor general of India & the first governor general  of India was WILLIAM BENTICK.

4.A  law member ( with out the power to vote ) was added  to the executive council of the governor general and this increased the strength of council to four . Macaulay was the first law member 

 CHARTER ACT OF 1853:

The number of  members of court of directors was reduced from 24 to 18 of which 6 were to be nominated by the crown.

Legislature was treated for the first time as separated from the executive .

act followed a report of then governor general LORD DALHOUISE.

3. A separate governor of Bengal as appointed.

4. Recruitment was to be done through competitive exam i.e recruitment of civil servants of the company ( including India)

GOVERNMENT OF INDIA ACT 1858:

This act is also called good government because it aimed at revamping of administrative in wake of 1857 revolt.

it transferred the govt. territories an revenues of India from east India company to the  British crown. The governor general now represent the crown in India and he was called as the VICE ROY OF INDIA . Lord canning was appointed as the first Vice Roy  of India and the power of British crown were to be exercised by a new officer called the SECRETARY OF STATE OF INDIA.

EXTRA FACT: LORD DALHOUISE WAS  CALLED THE FATHER OF CIVIL SERVANT.

        (B) CROWN RULE (1858-1947)

INDIAN COUNCIL ACT (1909) OR MORLEY MINTO REFORM.

MORLEY was the secretary of state and MINTO was the vice Roy

of India.

It changed the name of central  legislature council to the Imperal legislature & for the first time the seat in the legislature bodies were reserved on the basis of religion for muslim . this  newly introduced system is called COMMUNAL REPRESENTATION .Muslim community were given the right to elect their representative .this is known as the separate electorate . 

MORLEY MINTO Were regarded as the father of separate electorate in India.

An element of election was also introduced in the Central 

legislative council.

GOVERNMENT OF INDIA ACT 1919 OR MOUNTAGUE- CHELMSFORD REFORM.

montague was Secretary of state and chelmsford was viceroy of india. 

1.Dual government was introduced called DIARCHY SYSTEM.

2. Central legislature is made bi cameral for the first time

through this act. the first house was called central legislature assembly and the second house is called council of states.

3. communal representation was further extended to sikh , european and anglo indian .

 4. Devolution rule

5 Public service commission was established first time by this act

GOVERNMENT OF INDIA ACT 1935:

This act is based on one white paper of 1932 prepared by the british govt. on the basis of 3rd round table conference .

and based on the principle of federation & parliamentary system.

2. this act provided for the ALL INDIA FEDERATION consisting of british province and the princely states

 ALL INDIA FEDERATION CONSISTS OF 11 BRITISH PROVINCES AND 6 CHIEF COMMISSIONAIRES AREA AND THE PRINCELY STATES WHO DESIRE TO BE PART.

3. DIARCHY SYSTEM was introduced at center

4. RESIDUAL power were to be with the governor general only.

5.Power was divided as

• state list
• central list
• concurrent list

6. BURMA ( Myanmar) was separated by this act.

7. Federal bank ( reserve bank of India) was established 

8. Indian council of secretary of state was abolished

9.Governor was the head of the provincial executive 

10.  The federal legislature ( central legislature was to have bi chamber

• the council of state (permanent body with one- third of  its member being vacated after every two years )
• the federal assembly (duration was fixed for 5 years)

(EXTRA FACTS: 

RBI NATIONALIZED ON 1 JAN 1949. RBI 

ACT WAS INTRODUCED IN 1934

OS BORNE SMITH WAS THE INAUGURAL OFFICE HOLDER

C. DESHMUKH WAS THE FIRST INDIAN GOVERNOR OF RBI)

INDIAN INDEPENDENCE ACT 1947:

It is based on famous  MOUNT BATTEN plan and passed by the British parliament in 1947(July) and act received ascent of British crown on 18 July 1947 and become effective on 15 august 1947 

2. at that time  CLEMANT AATTLY was the pm of British 

lord LWIS MOUNTBATTEN WAS GOVERNOR GENERAL OF INDIA.

 Through this act India attained independence and become independent  state and thus two domains states  INDIA AND PAKISTAN  came in to existence  

THE  rule of British crown was abolished .

3.  on 3 June 1947 announcement of the partition was made .