Historical background Flashcards
Regulating Act of 1773
- Gov- Gov Gen of Bengal (Hastings)
- First regulation of Eic affairs
- Centralisation
- Eic is more than a commercial body
- Supreme court (1774) first in Calcutta
- Gov of Bombay and Madras «_space;Gov Gen of Bengal
Amending Act of 1781
Aka Act of Settlement
1. Exempted Gov Gen and Council and servants of EIC from jurisdiction of SC
2. Excluded revenue matters from SC
3. SC to have jurisdiction over inhabitants of Calcutta
4. SC to administer personal laws (Hindu and Muslim)
5. Appeals from Provincial court to be taken to Gov Gen in Council not SC
6. Gov Gen to frame regulations for Provincial Courts and Council
Pitt’s India Act 1784
- Court of Directors- Commercial
- Board of Control- Administrative
- Territories in India called Brit government’s possessions
- Brit govt controlled EIC absolutely
Act of 1786
Lord Cornwallis’ demands to accept post of Gov Gen of Bengal
1. Power to veto decisions of council in special cases
2. Made Commander-in-Chief
Charter Act of 1793
- Extended Cornwallis’ overriding (veto) power to future Gov Gens and Governors of Presidencies
- Gov Gen got more powers over Bombay and Madras
- Extended trade monopoly for 20 years
- Members of Board of Control to be paid from Indian Revenues
- Commander in chief not to be member of council unless appointed
Charter Act of 1813
- Abolished trade monopoly of EIC (except with tea and China)
- Christian ministries to “enlighten” native Indians
- Spread of Western Education
- Implementation of taxes by Local Govts and punish the failure thereof
Charter Act of 1833
- Gov Gen of Bengal- Gov Gen of India (Bentick)
Vested in him all civil and military powers - Deprived Gov of Bombay and of Madras legislative powers
- Law making- exclusive to Gov Gen of India
- Laws made before this act- regulations, laws made after- acts
- EIC no longer a commercial body on administrative
- Attempted open competition for civil services but Court of Directors opposed
Charter Act of 1853
- Legislative vs Executive powers (first time)
- Legislative (Central) Council- 6 Legislative Councillors
- First mini legislature akin to Brit Parliament
- Open competition for Civil Services introduced
- Extended company’s rule but not for a set period of time
- Local representation (first time)- in legislative council- 6 members, 4 appointed by provincial govts of Madras, Bombay, Agra and Bengal
Gov of India Act 1858
Aka Act of Good Governance
1. Abolishment of EIC
2. Governed by the Crown
3. Gov Gen of India- Viceroy (Canning)
4. Abolished Board of Control and Court of Directors
5. New office- Sec of State (part of Brit Cabinet)
6. Viceroy answerable to Sec of State
7. Council of India- advisory body (15 members) to Sec of State
8. Sec of State in council=Corporate body capable of suing and being sued in India and England
Indian Councils Act of 1861
- Sought cooperation of Indians (after Sepoy Mutiny)
- Started involving Indians with law making process too
- Viceroy to nominate Indians (non officials) to expanded council
- 1862: Canning nominated 3 Indian members
- DECENTRALISATION began (Bombay and Madras presidencies got back legislative powers)
- Legislative Devolution
- Portfolio System first introduced (similar to cabinet of ministers today where members of the council would be in charge of certain portfolios for ease of business)
- Viceroy could make ordinances (6 month validity)
Indian Councils Act of 1892
- Increased number of Non Officials in Central and Provincial legislatures
(Official still had majority) - Legislative Councils given power to discuss budget and question executive
- Limited indirect “elections” (word not used on paper) for nomination of more non officials on recommendation
Indian Councils Act 1909
Aka Morley-Minto Reforms
1. Morley- sec of state
2. Minto- viceroy
3. Size of Central and Provincial Legislative Councils increased from 16-60
4. Central- Official Majority
5. Provincial- Non Official Majority
6. Members allowed to ask supplementary questions
7. Indians allowed to become part of executive also (Satyndra Prasad- Law Member)
8. Father of Communal Electorate- Minto: separate electorate for muslims (divide and rule, legalised communalism)
Gov of India Act 1919
Responsible Government
Aka Montagu Chelmsford Reforms
Montagu- sec of state
Chelmsford- viceroy
1. Central and provincial subjects (Devolution Rules)
2. Delegation of authority to provinces
3. Relaxation of central control
4. Provincial subjects further divided-
This system of division is called Dyarchy
transferred subjects (public health, education, local gov, agriculture, etc)
- governor+ministers responsible to legislative council
reserved subjects (police, administration, revenue, land, finance, etc)
-governor+executive council not responsible to legislative council
5. Bicameralism- upper(council of state); lower (legislative assembly)
6. Direct Limited Election
7. 3 of the 6 member executive council of Viceroy to be Indian
8. Communal electorate extended- sikhs, anglos, euros and indian christians
9. Limited election based on property, tax, qualifications
10. Central Public Service Commission- 1926
11. Separation of provincial and central budgets
Simon Commission
1927 (7 member statutory commission to report on condition of India after last act- goi act of 1919)
1. Report submitted in 1930
2. Suggested abolition of Dyarchy
3. Extension of responsible gov to provinces
4. Estd of federation of brit india and princely states
5. Continuation of communal electorate
6. White paper on Constitutional Reforms submitted to be implemented in goi act 1935
Macaulay Committee
1854- committee on the Indian Civil Service
-english education was superior to oriental (native) education
-spending only on western teachings
Communal award/Poona pact
- 1932- Ramsey Macdonald- communal award to create separate electorate for depressed classes
- Gandhi protested by fast unto death (yerawada jail in Poona)
- Upper caste and lower caste compromise for the first time
- No separate electorate but reserved seats for the SCs
- Landmark for Dalit struggle for Dalit rights
Gov of India Act 1935
- To bring more responsible and representative form of govt
- All India Federation (did not come into power, princely states didn’t join) - Provinces and Princely States
- Centre- Federal List
Provinces- Provincial List
Both- Concurrent List - Viceroy- Residuary powers
- Abolition of Dyarchy
- Bicameralism- introduced to 6 out of 12 provinces (Assam, Bengal, Bihar, Bombay, Madras, United provinces) as well (previously, 1919, only to centre)
- Reservation of seats to SC and later women and labourers
- Extended franchise (14% of population)
- Establishment of RBI to control credit and currency
- Establishment of Federal Public Service Commission, Provincial PSC, Joint PSC
- Federal court 1937
- Separation of Burma from India
- Orissa and Sind created
- Safeguards to protect minorities
- Federal Railway Authority
- Auditor General
Indian Independence Act 1947
- Ended British rule (declared by Atlee, brit pm) - 15th August, 1947
- Mountbatten Partition Plan (viceroy)
- Partition of India- 2 dominions of brit crown
- Abolished office of viceroy
- Created Gov Gen of India (1st- Mountbatten) and of Pak appointed by Brit king on advice of dominion cabinet
- Constituent assemblies of both dominions had full power/freedom
- Secretary of Stare abolished
- Indian princely states could join either dominion
- Goi act of 1935 could be used to govern until constitutions were created
- Brit Monarch could no longer veto power was given to gov gen
- Gov gen and gov of states were only nominal heads to act on advice f respective councils
- 1946- constituent assembly became parliament of Indian Dominion
MN Roy
Father of Communist Party in India
Put forth idea of Constituent Assembly
1934
August Offer, 1940
Brit gov accepted demand for constituent assembly in principle
Cabinet Mission composition
1946
Stafford Cripps
Pethick Lawrence
AV Alexander
Cabinet Mission Plan
A scheme was formulated under which the constituent assembly would be formed
1. Proportional representation (population)
2. Representatives to be elected by their own community by single transferrable vote
3. Princely states heads were to nominate their reps
1st Constituent Assembly meeting
Dec 9th, 1946
Muslim League boycotted
Objectives Resolution
Dec 13th, 1946; Nehru
Fundamentals and Philosophy of constitutional structure
1. India-independent sovereign
2. Willing participance of territories will make up union of India
3. Territories will be autonomous and have administrative powers (except otherwise specified)
4. Power and authority derived from its people
5. Rights given to people
6. Safeguards to SCs, STs, other minorities
7. Right over land, air and sea a/t law of civilised nations
8. Duty as a country to uphold world peace and welfare of mankind
22nd Jan, 1947: resolution unanimously adopted
Parliament meaning
Highest Law making body of a country
Functions of Constituent Assembly
Law making (Rajendra Prasad)
Enacting ordinary laws (GV Mavlankar)
Adoption of National Flag
July 22, 1947
January 24, 1950
- Adoption of National Anthem
- Adoption of National Song
- First President of India was elected: Dr. Rajendra Prasad
Original constitution
395 articles, 22 parts and 8 schedules
BR Ambedkar
- Father of Indian Constitution
- Chief Architect of Indian Constitution
- Leader of SCs
- Law minister
November 26th
Samvidhan Divas (Constitution Day)
Enforcement of Constitution
Jan 26, 1950
Date of commencement
Purna Swaraj (Jan 26, 1930)
Symbol (seal) of Constituent Assembly
Elephant
Diwani rights
After Battle of Buxar, Mughal emperor Shah Alam gave EIC rights over revenue and civil justice
