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Indian Polity > Historical Making Of Indian Constitution > Flashcards

Historical Making Of Indian Constitution Flashcards

1
Q

The making of Indian constitution can be categorised into two different periods. What are they?

A

The company rule
The crown rule

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2
Q

Describe the time period of the company rule

A

1773-1858

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3
Q

Describe the time period of the crown rule

A

1858-1947

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4
Q

Give the timeline of the background of Constitution of India

A

The company rule:
-Regulating act, 1773
-Pitts India act, 1784
-Charter act 1, 1793
-Charter act 2, 1813
-Charter act 3, 1833
-Charter act 4, 1853

The crown rule :
-Government of India act 1, 1858
-Indian Council act 1, 1861
-Indian Council act 2, 1892
-Indian Council act 3, 1909
-Government of India act 2, 1919
-Government of India act 3, 1935
-Government of India act 4, 1947

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5
Q

Why did the regulating act receive its name as such?

A

Because it was the first step taken by the British government to control and regulate the affairs of East India company in India

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6
Q

When was the regulating act passed?

A

1773

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7
Q

Describe the governor general of Bengal as per the regulating act of 1773

A

-The governor of Bengal was designated as governor general of Bengal now
-This made the governor of Bombay and Madras presidencies his subordinates, unlike previous independent status of the three presidencies
-The governor general of Bengal was given a voting right but he did not have a veto power

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8
Q

Who was the first governor general?

A

Lord Warren Hastings

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9
Q

What were the major points of the regulating act 1773?

A

-Making The governor general of Bengal
-Setting up Supreme Court of Calcutta
-Prohibition on private trade
-Parliament’s authority to control the companies Indian possession

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10
Q

When was the first Supreme Court set up in Calcutta?

A

1774

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11
Q

What did the bench comprise of in the first Supreme Court of Calcutta?

A

It had one chief justice and three additional judges

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12
Q

Who was the first chief Justice of the Supreme Court of Kolkata?

A

Sir Elijah Imphey

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13
Q

Describe the prohibition on private trade as per the regulating act, 1773

A

It prohibited company servants from engaging in private trade or accepting gifts or bribes from the local population

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14
Q

Describe the parliament’s authority of possession rule as per the regulating act, 1773

A

It recognised Parliament’s authority to control the civil, military and financial affairs of the companies Indian possessions.

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15
Q

What was the amending act of 1781

A

It was aimed to amend the regulating act of 1773
It reduced the power of the Supreme Court much below the governor general Council

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16
Q

The council of the Governor general consisted of how many members as per the regulating act of 1773

A

Four members

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17
Q

When was the Pitts India act passed?

A

1784

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18
Q

What were the main points introduced by the Pitts India act, 1784?

A

-System of double government introduced
-Council of Governor, general modified
-Presidency of Madras and Bombay put under governor general of Bengal
-Companies territories in India renamed

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19
Q

Why was the Pitts India act named so?

A

Named after the British prime minister of then, William Pitt

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20
Q

Explain the system of double government introduced by the Pitts India act, 1784

A

Introduced by Robert Clive
It was a concept of joint government in India by the company and the crown. It distinguished between the commercial and political functions of the company by establishment of system of double government:
-Board of control
-Court of directors

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21
Q

Describe the first government as per the system of double government introduced by the pitts India act, 1784

A

-It was called the board of control or Nizamat
-Consisted of six members
-Set up in London
-Managed all political affairs of British colonies in India

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22
Q

Describe the second government as per the system of double government introduced by the pitts India act, 1784

A

-It was called the court of directors or Diwani
-Consisted of 24 members
-Managed all commercial activities

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23
Q

Describe the changes in the council of Governor general as per the pits India act, 1784

A

The council of the governor general was reduced to 3 members which was previously 4 members
One of the members was commander in chief of the Kings Army

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24
Q

Describe the changes brought to the three presidencies as per the pitts India act, 1784

A

It made Madras and Bombay presidencies under direct control of Governor general of Bengal in all matters like war, diplomacy and revenue

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25
Q

As per the pitts India act, 1784, what were the companies territories in India renamed as?

A

British possessions in India

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26
Q

Describe the amendment act of 1786

A

Aimed to amend the pitts India act, 1784
Granted powers to the Governor general to override his council in extraordinary situations

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27
Q

Why are the charter acts named?

A

A charter refers to a working tenure
Charter acts modified them, one way or the other
With the first charter act, extending tenure to 20 years
Second charter act, extending tenure to another 20 years
Third charter act, terminating commercial trade tenure and allowing only Admin duties
Fourth charter act, terminated companies tenure completely and handed the admin duties to the crown

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28
Q

When was the 1st charter act passed?

A

1793

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29
Q

When was the 2nd charter act passed?

A

1813

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30
Q

When was the 3rd charter act passed?

A

1833

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31
Q

When was the 4th charter act passed?

A

1853

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32
Q

What was the major points of charter act, 1793?

A

-Extended tenure by 20 years
-Solidified amendment act of 1786
-Commander in chief of king Army was not to be a member of governor General’s council unless specifically appointed
-members of the board of control and their staff were to be paid out from Indian revenues
-Royal approval mandated for appointment of governor general, governors, and the commander in chief
-Company was to pay five lakh pounds annually to British government from Indian revenue after paying necessary expenses
- Revenue administration and judiciary function separated and subsequently Maal Adalat(revenue court) disappeared

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33
Q

What were the major points of the charter act 1813?

A

-Abolished EIC’s monopoly trade by allowing other companies (EIC still had monopoly for trade in China, and Tea trade in India)
-Extended tenure of EIC by 20 years
-Crown control over the Indian lands of the company
-Christian missionaries allowed to come to India
-Companies doing trade in India made to invest 1 lakh every year on the education of Indians as educational grants
-Empowered local governments to impose tax on people and to punish those who did not pay them

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34
Q

What were the major points of charter act 1833?

A

-governor general role changed heavily
-All previous acts were termed as “ regulations in all acts were called“ acts”
-Government took over the companies Indian possessions
-ended companies monopoly trade with China and Indian tea
-Ended all commercial activities of EIC
-Established Indian law commission
-Ended all restrictions on European immigration and the rights to purchase property in India
-Outline guidelines for the construction of Christian institutes in India

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35
Q

According to charter act 1833, the government held the companies Indian possessions in name of who?

A

In the name or trust for “his majesty his heirs and their successors”

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36
Q

When was the Indian law commission established as per the charter act 1833 and who was its first chairman?

A

Established in 1834
Lord Macaulay as Chairman

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37
Q

Explain the role of governor general of India as designated by the charter act, 1833

A

-The governor general of Bengal was designated as the governor general of India
-Increase the governor general’s executive council to 4 members with the fourth member had to be a law member, but he had no voting rights
-Governor general government was called government of India
-Governor general Council was called Indian Council
-Governor of Bombay and Madras lost their legislative powers

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38
Q

explain the major points of the charter act, 1853

A
  • Separated the governor general of India’s Council into two parts
  • local representations allowed in governor general’s legislative council known as Indian legislative Council or mini-parliament
  • court of directors changed
  • Civil service examination introduced
  • Company to hold territories and revenues in India in trust of crown for unspecified amount of time contrary to earlier 20 years
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39
Q

According to the charter act, 1853, the governor general of India’s Council was divided into two councils. What were they?

A

-Governor general’s executive council: Consisted of original 4 members and the law member was made a full member and given a right to vote
-Governor general’s legislative council: introduced 6 new members in the council

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40
Q

Who were the 6 new members of the Indian legislative Council introduced as per the charter act, 1853?

A

-Chief Justice
-Judge of Supreme Court
-4 members appointed through the Indian civil service, held in London

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41
Q

Who conducted the civil service exam according to the charter act, 1853?

A

Macauley committee was created for civil services in 1854, based in London

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42
Q

When were the governor general executive council members increased to 5?

A

1861

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43
Q

When was the first government of India act introduced?

A

1858

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44
Q

Discuss the main points of government of India act, 1858

A

-Dissolution of EIC
-Viceroy
-Office for secretary of state
-15 member council
-Empress of India

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45
Q

Discuss the dissolution of EIC as per government of India act, 1858

A

It dissolved the East India company, the board of control and court of directors
This the system of government introduced by pitts India at 1784 was finally abolished
Abolished the doctrine of lapse and also opened some doors for Indians to participate in government services

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46
Q

Who was the first Viceroy of British India?

A

Lord Canning

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47
Q

Discuss the office for secretary of state as introduced by the government of India act, 1858

A

Secretary of state was a member of British Cabinet Official, who answered to the British government
The office was a corporate body which could sue and be sued in India as well as England
It enjoyed the powers earlier enjoyed by the board of control and the court of directors

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48
Q

Discuss the changes in the council as per introduced by the government of India act, 1858

A

A 15 member council was set up to assist the secretary of state
It was an advisory body
8 members were appointed by the crown and 7 were appointed by court of directors

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49
Q

Who was the first empress of India?

A

The Empress of India title was given by the government of India act, 1858 at which time Queen Victoria became the Empress of India

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50
Q

When was the first Indian Council act passed?

A

1861

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51
Q

What were the salient features of the Indian Council act, 1861?

A

-Indians were allowed into the legislative council as non-Official members
-Legislative council, powers of Bombay and Madras presidency were restored
-Ordinance power given to Viceroy
-Made provisions for formation of new legislative council
-Recognised portfolio system

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52
Q

When was the budget system introduced in British India?

A

1860

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53
Q

According to the Indian Council act, 1861, who had the authority to nominate Indians for the Viceroy expanded Council

A

The Viceroy himself

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54
Q

Who were the first three Indians to be nominated for the legislative council after the Indian Council act, 1861

A

-Raja of Banaras
-Raja of Patiala
-Sir Dinkar Rao

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55
Q

According to Indian Council act, 1861, what new powers were given to the Viceroy

A

-he had the power to overrule the council if necessary
-Ordinance power: the Viceroy in an emergency was permitted to make an ordinance which would be valid for 6 months

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56
Q

What is an ordinance? The power given to the viceroy after the Indian Council act act, 1861.

A

Ordinances are laws that are made by the Viceroy on the recommendation of his council

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57
Q

Which were the new legislative councils formed by the Indian Council act, 1861 and what was its nickname?

A

Nickname as the upper house
Legislative councils were formed in Bengal in 1862
Northwestern province in 1886
And Punjab in 1897

58
Q

What was the portfolio system that got recognised in the Indian Council act, 1861

A

Originally idea was given by Lord Canning in 1859
This system laid the foundation of the cabinet form of government, where the member in charge of each department was responsible for its administration

59
Q

When was the second Indian Council act enacted?

A

1892

60
Q

What were the major points of Indian Council act, 1892?

A

-strength of non-Official members in the central and provincial legislative council increased, but Official majority still maintained
-enlarge the functions of the legislative council: it could ask questions to the executive and discuss the budget
-Principal of election introduced

61
Q

When was the principle of election introduced in British India?

A

It was introduced in 1892 through the Indian Council act
The term ‘election’ was nowhere mentioned, but in limited and indirect election was introduced

62
Q

When was the third Indian Council act enacted?

A

1909

63
Q

What is the nickname for Indian Council act 1909

A

Morley Minto reforms

64
Q

What were the major points introduced through the Indian Council act, 1909?

A

-size of legislative council enlarged
-Enlarge the functions of legislative council by allowing them to ask supplementary questions and voting for separate items on budget
-separate electorate for Muslims
-Indians introduced in the executive council of Viceroy
-Representative and popular Indians introduced in legislative Council

65
Q

Who was known as the father of communal electorate

A

Lord Morley Minto

66
Q

Who were the first Indians to be included in the executive council of Viceroy?

A

-Satendra Prasad Sinha, as a law member
-KG Gupta member of Secretary of State Indian Council
- Syed Hussain Bilgrami member of Secretary of State Indian Council

67
Q

When was the second government of India act passed?

A

1919

68
Q

What was the government of India act 1919 also called?

A

Montagu Chelmsford reforms

69
Q

What were the major points covered in government of India act 1919?

A

-Central and provincial subjects were separated with the power to make laws on their respective subjects
-Dyarchy introduced in the provinces
-Bicameralism introduced
-Separation of budget
-Indians in Viceroy council
-extended separate electorate
-Electoral franchise was given to a number of people on the basis of property tax, and education
-Office of high commissioner set up
-Establishment of central public service commission
-A appointment of commission

70
Q

What was the Dyarchy system introduced in the provinces by the government of India act, 1919?

A

Provincial subjects were divided into transferred and reserved categories

Transferred subjects: administered by the governor general with administer aid
Reserved subjects: by the governor and his executive council

71
Q

What were the central subjects as per government of India act 1919?

A

Foreign affairs, Defence, Communications etc.

72
Q

What was the bicameralism introduced by the government of India act, 1919?

A

Indian legislative Council was replaced by the upper and lower house of the Parliament
Upper signifying the council of state
Lower signifying legislative assembly

Women were given the right to vote for legislative assembly

73
Q

Explain the separation of budget as per government of India act, 1919

A

Provincial budget was separated from central budget and provinces were allowed to enact their own budget

74
Q

Who all received an extended separate elect from government of India act, 1919?

A

-Sikhs
-Indian Christians
-Europeans
-Anglo Europeans

75
Q

Where was the office of high commissioner set up as per government of India act 1919 and what was its role?

A

It was set up in London, transferring some functions previously performed by secretary of state for India

76
Q

When was the Central Public service commission set up as per government of India act 1919 and what was its purpose?

A

It was set up in 1926 for recruitment of civil servants

77
Q

What commission was appointed and why as per government of India act, 1919?

A

The act talked about appointing a commission to see the working after 10 years of these provisions coming into force
In 1927, Simon commission was appointed

78
Q

Discuss the major points of Simon commission 1927

A
  • A 7 members statutory commission, out of which there were no Indians
  • recommendations made:
    • Abolition of dynasties
    • Establishment of federalism
    • Continuation of communal electorate
    • Responsible government set up
79
Q

When was the third government of India act passed?

A

1935

80
Q

What was the composition of the government of India act 1935?

A

321 Sections, 10 schedules

81
Q

What were the major points introduced by the government of India act, 1935?

A

-All India Federation established
-Dyarchy abolished in provinces
-Dyarchy introduced at Centre
-Bicameralism in provinces
-Separate electorate extended for the depressed classes and women
-extended audit franchise: 10% of people got the voting rights
-Reserve Bank of India to be established
-Federal court, establishment approved
- Public service commission set up

82
Q

What was the all India Federation introduced by the government of India act, 1935?

A

-all India Federation consisted of provinces and princely states as units
-Divided the subjects into three list: federal list, provincial list and concurrent list
-The residuary power was given to the Viceroy

83
Q

What were the transferred subjects as per government of India act 1919?

A

These came under the control of ministers or Governor general
-Local self-government
-Education
-Public health
-Public Works
-Agriculture
-Forest
-Fisheries

84
Q

What were the reserved subjects as per government of India act, 1919

A

These came under the heading of law and order or governors
-justice
-Police
-Land revenue
-Irrigation

85
Q

After the government of India act, 1935, how many provinces adopted bicameralism?

A

6 out of 11 provinces
Bengal, Bombay, Madras, United provinces, Bihar, Assam

86
Q

How many states in modern day have bicameralism in legislature?

A

Six states

Mnemonic: Ap Bhi KaMal hai TaU

Ap: Andhra Pradesh
Bhi: Bihar
Ka: Karnataka
Mal: Maharashtra
Ta: Telangana
U: Uttar Pradesh

87
Q

When was the federal court of India established as was enacted by government of India act, 1935?

A

Established in 1937

88
Q

What was the public service commission set up by government of India act 1935?

A

Created a federal public service commission and also provincial public service commission and a joint public service commission

89
Q

When was the fourth government of India act passed?

A

1947

90
Q

What was the major points covered in government of India act 1947?

A

-The partition
-Office of Viceroy abolished. The governor general for each India and Pakistan was introduced, appointed by the British king, based on the advice of dominion cabinet
-Constituent assemblies of the dominions were empowered to frame and adopt any constitution
-Office of secretary of State of India, abolished and functions transferred to secretary of state for commonwealth affairs
-Governor general of India and provincial governors became constitutional nominal heads
-Title of emperor of India from the British king was dropped
-Appointment to civil services and post reservations by the secretary of state of India discontinued

91
Q

Explain the British paramountcy which was abolished by the independence act, 1947

A

British paramountcy over Indian princely states and Treaty relations with tribal areas lapsed on 15 August 1947
Princely states were granted the freedom to join the dominion of India or Pakistan or remain completely independent

92
Q

Explain the timeline of Indian independence bill

A

-Introduced in British Parliament on 4 July 1947
-Received Royal assent on 18 July 1947
-Act came into force on 15 August 1947
-At the stroke of midnight on 14-15 August 1947, British rule concluded

93
Q

When was the constituent assembly of India formed?

A

1946

94
Q

Which assembly became the Parliament of Indian dominion?

A

The constituent assembly

95
Q

Who was the first governor general of independent India?

A

Lord Mount Batten

96
Q

Who was the first Indian governor general of India?

A

C. Rajagopalachari

97
Q

Where did the all parties conference convent committee to prepare the Nehru report and when?

A

Lucknow in 1928

98
Q

What was the constitution named which was created by the all parties conference in 1928?

A

The Nehru report

99
Q

Who put forward the idea for a constituent assembly for India and when?

A

MN Roy in 1934

100
Q

Who officially demanded a constant assembly to frame the Indian constitution and when?

A

Indian national Congress in 1935

101
Q

Who represented the Indian national Congress while demanding no outside interference while preparing the constitution and when?

A

Jawahar Lal Nehru, 1938

102
Q

When did the British government accept the proposal for Indian constitution, and what offer was given?

A

In 1940 with principal in August offer

103
Q

Describe the August offer

A

Passed in 1940 at Simla, as an offer for helping in making the Indian constitution, given by Lord Linlithgow who was the Viceroy then, he offered to include more Indians in the executive council advisory war Council and other such features

104
Q

What was the Cripps proposal given in 1942 by the British government?

A

A draft proposal on framing of an independent constitution to be adopted after World War II
It was rejected by the Muslim league which wanted India to be divided into two autonomous states with two constituent assemblies

105
Q

Explain the Cabinet Mission plan in the making of Indian constitution

A

Introduce in 1946

Its members were Lord Patrick, Lawrence, Sir Stafford Cripps and AV Alexander Alexander

It rejected the idea of two constant assemblies as proposed by the Muslim league but put forth the scheme which was more or less accepted by the Muslim league

106
Q

When was the first sitting of constituent assembly?

A

9 December 1946
Muslim league boycotted it

107
Q

Who was the President of the constant assembly? And when was he elected?

A

Dr Rajendra Prasad
11 December 1946

108
Q

Who was the oldest member in the constant assembly?

A

Dr Sachidanand Sinha

109
Q

Who was elected as a temporary chairman of the constituent assembly, and when?

A

Dr Sachchidananda Sinha
11 December 1946

110
Q

Who were the two vice presidents of the constituent assembly and when were they elected?

A

HC Mukherjee
VT KrishnamaAchari
11 December 1946

111
Q

Who introduced the objective resolution and when?

A

Jawaharlal Nehru
13 December 1946

112
Q

What was the objective resolution of the constituent assembly?

A
  • Contained the fundamental and philosophy of the constitutional structure
  • This resolution was adopted on 22 January 1947
  • The preamble is a modified version of objective resolution
113
Q

When was the objective resolution adopted by the constituent assembly?

A

22 January 1947

114
Q

When did the constituent assembly adopt the national flag?

A

22 July 1947

115
Q

When was the power transferred leading to the formation of dominion of Indian Pakistan?

A

15 August 1947

And for Pakistan, 14 August 1947

116
Q

When was the constitution adopted/enacted?

A

26 November 1949

117
Q

When was the national song and National anthem adopted?

A

24 January 1950

118
Q

When did the Constitution come into force?

A

26 January 1950
Making India Republic

119
Q

When were the first general elections held?

A

25 October 1951 to 21 February 1952

120
Q

When was the constituent assembly constituted?

A

November 1946 under the Cabinet Mission plan

121
Q

What was the strength of the constant assembly?

A

There were 389 seats out of which 296 for a British India and 93 for princely states

122
Q

Was Mahatma Gandhi member of the constituent assembly?

A

No, he was not

123
Q

Who was the chairman of the legislative body after the independence act, 1947?

A

GV Mavalankar

124
Q

After the Independence act, 1947, discuss what happened to the constituent assembly

A

It was made a fully sovereign body, which means it was free to alter any law
Two Separate functions were assigned to the assembly:
Legislative body
Constituent body

125
Q

After the withdrawal of Muslim league members, how many total seats in constituent assembly?

A

299

126
Q

The constituent assembly elected, who is the first president of India and when?

A

Dr Rajendra Prasad on 24 January 1950

127
Q

Before becoming the parliament, when was the final session of the constituent assembly?

A

24 January 1950

128
Q

The constituent assembly acted for how much total time and in how many sessions and what was the total expenditure?

A

2 years 11 months 18 days
11 sessions
64 lakhs

129
Q

What were the major committees of the constant assembly?

A

There was 6 major committees

-Union powers committee
-Union Constitution committee
-States committee
-Drafting committee
-Provincial Constitution committee
-Advisory committee for fundamental rights, minorities & tribals and excluded areas

130
Q

Who was the chairman of the state committee and what was its role?

A

It was a committee for negotiating with states
Chaired by Jawaharlal Nehru

131
Q

Who was the chairman of the drafting committee?

A

Dr BR Ambedkar

132
Q

Who was the chairman of the provincial Constitution committee?

A

Sardar Patel

133
Q

Who was the chairman of the advisory committee on fundamental rights, minorities and tribal & excluded areas?

A

Sardar Patel

134
Q

How many woman members were there in the constituent assembly? And how many of them signed?

A

There were 15 women members out of which 11 women signatories

135
Q

Who were the 11 women signatories of the Constitution?

A
  • G Durgabai Deshmukh
  • Rajkumari Amrit Kaur
  • Hansa Jivraj Mehta
  • Renuka Ray
  • Sucheta Kriplani
  • Purnima Banerjee
  • Begum Qudsiya Aizaz Rasool
  • Kamla Chaudhary
  • Ammu Swaminathan
  • Dakshayani Velayudhan
  • Annie Mascarane
136
Q

Who were the four women members who did not sign the Constitution?

A
  • Sarojini Naidu
  • Leela Roy
  • Vijaya Laxmi Pandit
  • Malati Chaudhary
137
Q

Out of 299 members how many total signed?

A

284

138
Q

During the time of adoption of the Constitution, what was its components?

A

It contained the preamble, 395 articles and 8 schedules

139
Q

When was Poorna Swaraj Day celebrated and why?

A

26 January 1930
Following the Lahore session in December 1929 of the Indian national Congress in British Assembly regarding Nehru Report
The word means completely self rule or completely sovereign

140
Q

Why was Constitution brought into force on 26 January?

A

Because Purna Swaraj Day lies on 26 January

Indian Polity (25 decks)

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