This could be used as reference for classroom teaching

1. HISTORY OF CONSTITUTIONAL
DEVELOPMENT
Nimesh Das Guru
Assistant Professor (Law)
Lloyd Law College.edu.in
ndguru@lloydlawcollege.edu.in

2. PROCLAMATION OF QUEEN VICTORIA
1857
 We hereby announce to the Native Princes of
India that all treaties and engagements made
with them 'by or under the authority of the East
India Company are by us accepted and will be
scrupulously maintained, and we look for the like
observance on their part.
 We desire no extension of our present territorial
possessions, and while we will permit no
aggression upon our dominions or our rights to be
attempted with impunity, we shall sanction no
encroachment on those of others....

3. LORD CANNING 1860
The territories under the sovereignty of the
Crown became at once as important and as
integral a part of India as territories under its
direct domination. Together they form one direct
care, and the political system which the Moghuls
had not completed and the Maharattas never
contemplated is now an established fact of
history

4. LORD CURZON 1906
“The sovereignty of the Crown is everywhere un-
challenged. It has itself laid down the limitations
of its own prerogative”.
This attitude of considering the rulers of Indian
States as servants of the Government of India,
bound to take orders from Simla and Calcutta
and having no rights of their own, was best
illustrated in the circular issued by Lord
Curzon's Government, stating that before an
Indian Ruler left India the permission of the
Viceroy should be obtained

5. LORD READING, 1927
The Sovereignty of the British Crown is supreme in India,
and therefore, no Ruler of an Indian State can justifiably
claim to negotiate with the British Government on an equal
footing.
Its supremacy is not based only upon treaties and
engagements, but exists independently of them....
The right of the British Government to intervene in the
internal affairs of Indian States is another instance of the
consequence necessarily involved in the supremacy of the
British Crown....
I will merely add that the title Faithful Ally which Your
Exalted Highness enjoys has not the effect of putting your
Government in a category separate from that of other
States under the paramountcy of the British Crown

6. A. B. KEITH 1924
“It is important to note that the relationships of
the Native States, however conducted, are
essentially relations with the British Crown and
not with the Indian Government, and that this
fact presents an essential complication as regards
the establishment of responsible government in
India”

7. EARLY DEVELOPMENT
Charter of 1600
• Basic foundation
• Constitution of East India
Company
• Grant of Monopoly
• Power to make rules for
working of the Company
Charter of 1661
• Reorganization of the
Company’s Structure
• Appointment of the Governors
and other officers for proper
administration of Factory (Fort)
and trading Center
Charter of 1726
• Establishment of the
Corporation in three
presidencies
• Mayor’s court
• Reconstitution of Mayor’s court
in 1753

8. FURTHER DEVELOPMENT FROM 1773-1784
Regulating Act 1773
•Beginning of the
Parliamentary Control
over affairs of the
Company ; ‘Board
of Control’ in England to
direct and guide Board of
Directors of Company’
•Governor General and 4
member Council in Bengal
(Madras and Bombay
became subordinate) –
Supreme Council
•Authorized Supreme
Council to make
Regulations for the
governance of the British
settlement in Presidencies
and other fort areas
•Institution of Supreme
Court at Calcutta, All
regulations made by
Supreme Council was to
be registered with
Act of Settlement 1781
•Granted immunity
to Governor
General and
Council from
Supreme Court
•Supreme Court to
not have
jurisdiction over
revenue matters
and zamindars
•Authorized Gov.
General and
Council to make
independent rules
and regulations for
Mufassil
territories, No need
to register these
rules with Supreme
Pits India Act 1784
• Power of Board
of Directors with
respect to
Political and
diplomatic
affairs was
taken away and
given to Board to
Control
• Expressly made
Madras and
Bombay
subordinate to
Calcutta ,
beginning of the
centralization of
power

9. 1786-1833
Charter of 1786
•Unification of office of
Commander in Chief and
Governor General
•Arrival of Cornwallis
•Reform in administrative and
Judicial structures in Mufassil
territory
Charter of 1793
•Renewed Trade monopoly for
another 20 years
•Payment of salary of staff of East
India Company from Indian
revenue
•Placing of Annual statement of
Company’s affairs before British
Parliament
Charter of 1813
• Asserted sovereignty of British Crown
over Indian territories
• Authorized to impose taxes and duties
within presidencies territory
• Recorder Court’s of Bombay became
Supreme Court of Bombay
• Copies of all regulation and laws made
by Council to be placed before British
• Parliament
Charter of 1833
• Institution of Legislative authority in
India
• Institution of Law Commission
• Era of Codification
• Commercial functions of the Company
was taken away, now company became
a political entity
• Trade Monopoly ended
• British were allowed to settled beyond

10. INDIAN UNDER BRITISH CROWN
INDIAN COUNCIL ACT 1861
First War of Independence in
1857
• Necessity of associating
Indian in legislative body
Reconstitution of Viceroy’s
Executive Council
• Introduction of Cabinet system;
home, revenue, military, law,
finance, and (after 1874) public
works
• Governor General Powers to
issue ordinances
• To be in force for 6 months unless
disallowed by Crown
Indian included in Governor
General’s legislative Council
• Restored legislative powers to
Provincial councils but not on
issues of national importance
(Section 43 of the Act)
• Restrictions on Provincial
Councils
Indian High Court Act 1861
• Ending parallel legal system in
Mufassil in Presidency with
unification of Sadar Adalat and
Supreme Court

11. FURTHER DEVELOPMENT
Government of India Act 1870
•Governor General and Council to
make laws for less developed areas-
Non-Regulations Area , Chief
Commissioners Province
Indian Council Act 1892
•Expansion of Indian Representation
in Legislative Councils
•Central Legislative Council came to
have a minimum of 10 and a
maximum of 16 Indians; Bombay
came to have 8 Indian members;
Madras, 20; Bengal, 20; North
Western Province, 15; and Oudh
had 15 Indian members
•No election, members to be
nominated by universities, district
board,
municipalities, zamindars and
chambers of commerce
•Allowed discussion on financial
statement but no right to voting
rights

12. THE INDIAN COUNCIL ACT,1909
MINTO-MORELY REFORM
Increased representation of Indians in Legislative Council
The size of the Legislative Councils was enlarged by
according more representation to the various classes of
persons and bodies.
In the case of Governor General Council the total
membership was raised from 16 to 60.
The maximum number of members of the Provincial
Council of Bengal, Bombay and Madras was raised from
20 to 50 members and for U.P from 15 to 50 members.

13. CENTRAL LEGISLATIVE COUNCIL
The Central Legislative Council was to consist of 37
official and 23 non-officials
Out of 37 officials, 28 were to be nominated by the
Governor General and the rest were to be ex-officio.
The ex-officio members were to be the Governor
General, and 8 council members.
Out of 23 non-official members, 5 were to be nominated
by the Governor General and the rest were to be elected

14. BIRTH OF SEPARATE ELECTORATE
The majority of the members were to be non-officials in the Presidencies
i.e. (35+15).
Some of the non-officials were to be nominated by the Governor.
Territorial representation was not suited to the people of India. Instead
of territorial representation they introduced separate electorates for the
different communities and classes in the presidencies.
In the provinces, the University Senates, Landlords, District Boards,
Municipalities and Chambers of Commerce were to elect members

15. CONTINUED DOMINANCE OF GOVERNOR
GENERAL
Ex-officio members:
(Governor General and
Council)
I.C.S officers, who by virtue
of office held by them in the
government were to be given
membership.
Nominated non-officials
The Governor General was
empowered to nominate
certain persons from public
life who did not hold any office
under the Government.
The Elected members
Those who were elected on
basis of elections, namely,
members of Chambers of
Commerce, Municipalities,
District Boards and landlord
class etc.

16. ENLARGEMENT OF THE FUNCTIONS OF
LEGISLATIVE COUNCILS
The Act gave powers to the members to move
resolutions relating to loan to local bodies, additional
grants and new tax proposals, but on certain matters
no right to discussion was made available.
The members were also empowered to discuss and
move resolutions relating to matter of public interest.
Governor General could disallow any resolution or a
part of a resolution without giving any reason.

17. CHANGES IN THE ELECTORAL SYSTEM
There were three types of electorates
General Electorates: Consisting of non-officials
members either of Provincial legislative Councils
or of Municipal and District Boards.
Class Electorates: Consisting of landlords and
Muslim, later on Sikhs in Punjab, Jagirdars of
Sind
Special Electorates: Consisting of Presidency
Corporations, Universities, Chamber of
Commerce and trade and business interests.

18. EMERGENCE OF NEW WORLD POST
WW I (1914-1918)
 Delhi Durbar of 1911
 Growing unpopularity of British rule because of
Indian Press Act, 1910 and Defense of India Act
1915
 Co-operation of Indians in First World War
 End of the ‘old world’
 Arrival of Gandhi: Bringing ‘masses’ into politics
 Growth of Indian industry due to first world war

19. 1919 INDIAN COUNCILS ACT
MONTAGUE-CHELMSFORD REFORMS
 Four pillars of Indian government:
 Home Government of England, India Office(Secretary of
State),
 Government of India- Executive and Central Legislature
(Governor General)
 Provincial Government (Governor)
 Indian Civil Service
 Increase association of the Indians in every
branch of administration and the gradual
development of self governing Institutions
 Starting with complete popular control over local bodies
 Distribution of legislative list between Centre and
Provinces
 Diarchy in provinces
 To develop a system of constitutional governance in
India as an integral part of ‘British Empire’

20. MAJOR FEATURES
 Establishment of a Bicameral legislative body at the
Centre known as Indian Legislative Council
 Central Legislative Assembly and Council of State
 Increase the size of Provincial Legislative Council
 granting power of legislation on certain delegated issues
 Madras (127), Bombay (111), Bengal (139), United
Provinces (123), Punjab (93) Bihar and Orissa (103)
Central Provinces (70) Assam (50)
 At least 70% members are to be elected
 Members of the Executive Council to be Ex-officio members
of Legislative bodies
 Substitute direct for indirect election
 Enlarge electorate
 Introduction of Territorial representation
 Policy of separate Communal electorate continued

21. VOTERS FOR CENTRAL LEGISLATIVE
ASSEMBLY
The qualification of the voter for Central
Assembly
 Either the payment of Municipal taxes amounting to
not less than Rs. 15-20 per annum Or
 Ownership of a house of an annual income of not less
than Rs. 3000 to 5000 Or
 Assessment of land revenue for Rs. 50 to 150 per
annum
The total number of voters in 1920
for Council of State -- 17,343.
For Central Assembly about --9,09,874

22. CONTINUED DOMINANCE OF GOVERNOR
GENERAL
 It could make laws for the whole of British India who were the subjects of
His Majesty and were in the service of crown in any part of India.
 The Central Legislature had no power to amend or repeal any (British)
parliamentary statues relating to British India.
 Governor- General was given the power to summon, prorogue and
dissolve two Houses.
 He had the right to address the members of the two Houses
 Governor General had the power to refuse to give assent to the laws
passed by Provincial Council
 Governor-General in Council could still legislate on the Provincial issues
if it desired so
 Governor General had veto power
 Power to legislate through ordinance in case of emergency
 powers to legislate if it was deemed essential for the safety and interests
of British India, even if either Houses refused or failed to pass them
 The Crown had the power to disallow any Act made by the
Indian legislation or the Governor General.

23. POWERS OF THE MEMBERS
 The members of both the Houses had the power
to ask questions including supplementary
questions, moving resolutions and of introducing
projects of legislature according to rules.
 The members were given the right of freedom of
speech in the two Houses
 Gradual movement towards parliamentary
system

24. DIVISION OF POWER BETWEEN CENTER
AND PROVINCES
 The Act provided for two lists of Subjects:
 Central List and Provincial list
 Central list: Defense Posts and Telegraphs, Patents
and copyright, Currency and Coinage, Civil and
criminal law and procedure, Commerce and
shipping…
 Provincial list: Local-Self Governments, Public
Health and Sanitation Education Public Works
communication, Water supply and Irrigation Land
revenue administration Famine relief Agriculture
Cooperative Societies, Law and order…

25. DIARCHY
TRANSFERRED AND RESERVED SUBJECTS
 Reserved Subjects were administered by the
Governor with help of the Executive Council and
the transferred subjects were dealt with by the
Governor with help of his ministers.
 Members of the Executive Council were
nominated by the Governor, the ministers were
chosen by the Governor from the members of the
legislature

26. EXAMPLES
 Reserved Subjects: Administration of Justice,
Police, Irrigation and canals, Drainage, Water
storage and agricultural loans Sanitation and
medical Famine relief Control of newspapers,
Books and printing press, Prisons and
reformatories, Forests, Factory, inspection
Settlements of labor disputes, Industrial
insurance and housing, Finance
 Transferred Subjects: Local self government,
Public works, roads, bridges, municipal roads,
public health, sanitation and medical
administration, Development of Industries
including Industrial Research

27. PROVINCIAL LEGISLATIVE COUNCILS
 70% of the members of the Provincial Legislatures
were to be elected, 30 % could be nominated by the
Governor.
 Some of the nominated members were official and
others were non-officials.
 The life time of the Council was three years but
Governor has the power to extend its duration or
dissolve it earlier.
 Members had the right to ask questions including
supplementary questions.
 Members had the option of rejecting or making
suggestions in the budget but the Governor was
authorized to restore it if the same was considered to
be necessary.

28. WORKING OF DIARCHY
 The position of the permanent service created
many difficulties.
 The appointment, salary, suspension, dismissal
and transfer of the member of All India Service
was under the control of the Secretary of State
for India.
 Those All India Service officers also appointed
the transferred departments and did not care for
ministers.
 Ministers had no power to choose their own
subordinates.
 Ministers were not in a position to implement
their own views and plans in the department.

29. CONTINUED
 According to the rules of Executive business, cases in
which the Minister differed from the opinion of the
permanent Secretary or the Head of the department,
had to submitted Governor for final orders.
 Both the Secretary and the Head of the Department
had a weekly interview with the Governor and could
discuss every thing about his department.
 Sometimes the Governor knew more things about the
a department than the concerned minister.
 The department finance in the hands of the members
of the Executive Council.
 All the nation-building department were given to the
ministers but they were given no money for the same.

30. FINANCE
 Finance Secretary had no sympathy with the
aspirations of the Indians as represented by
ministers.
 In certain cases, the finance department refused
even to examine any scheme proposed by
ministers

31. ROAD TO GOVERNMENT OF INDIA ACT
1935
 Simon Commission,1927
 No Indian Members
 Proposed Federation
 Central Assembly to be called Federal Assembly and
should have proportional representation on the basis of
population
 Nehru Report, 1928
 Lord Birkenhead Challenge
 All Parties meeting
 Fundamental rights
 Withdrawal of Muslim League and 14 Point Report by
League
 Lord Irwin Proclamation
 Declaration towards dominion status
 Communal Award and Puna Pact

32. GOVERNMENT OF INDIA ACT 1935
 It was the lengthiest constitutional reforms ever
made by the British Parliament.
 It became the base for Constituent Assembly
Members of India who were entrusted with the
task of drafting of Constitution of independent
India.
 It aimed to change the existing colonial policy of
unitary form of government to federal form of
government.

33. MAIN FEATURES
 Options for the states to join
 All the provinces automatically became part of federation
 Princely states had the option of joining through treaty of accession
 None of the princely state ever actually joined so federation of 1935
actually never came into existence
 Division of power
 Division of power between Center and ‘units’
 Federal List, Provincial List and Concurrent List
 Dyarchy at center
 Dyarchy at provinces abolished but introduced in Center
 Now Transferred and Reserved subjects was introduced at center
 Reserved subjects- Defense, External affairs….
 Governor General to act on his discretion on Reserved subjects but in
Transferred subject he was aided and advised by council of ministers

34. MAIN FEATURES CONTINUED..
 Bicameral federal legislature
 Bicameral Assembly of 1919 continued
 Federal Assembly (Today's Lok Sabha ) Council of States (Today's Rajya
Sabha)
 Federal Assembly directly elected for five years,
 Council of State to be a permanent body where 1/3rd members retiring after
every three years
 Rulers were to nominate members for Council of States from Princely states
and representatives from British India were to be elected
 Legislatures power restricted
 Indian legislatures had no power to legislate on certain subjects e.g. affecting
royal families..
 Many non votable items in budgets
 Governor General was empowered to summon joint sitting of the two Houses
 Autonomy in provinces
 Dyarchy at provinces was ended and now entire administration was to be
conducted under ministers
 Ministers were to be appointed by Governor, from among the elected
members on the advise of the head of majority party
 However, Governor was empowered to take the control of entire
administration at any time

35. CONTINUED
 Establishment of Federal Court
 Federal Court was established to resolve disputes arising
between federating units or between federal government and
one or other unit with respect to the interpretation of the
constitution
 Still Privy Council was the highest Court of appeal
 Supremacy of the Governor General
Continued
 Governor General was not merely a constitutional head
 Governor General still had wide discretionary power
including power to make laws known as Governor General’s
Act, take control of the government of provinces through
Governor in emergency and promulgate ordinances on
legislative issues
 Abolition of Indian of Secretary of state

36. DEFECTS
 Dyarchy at Center
 Option for States
 Privileged Position of the States
 Communal Award
 Discretionary Power
 Mistrusts of Indians

37. ELECTION RESULT OF 1937

38. CABINET MISSION PLAN
‘THE LAST ATTEMPT TO KEEP INDIA UNITED’
 Members: Lord Penthick-Lawrence, Secretary of
State for India, Sir Stafford Cripps, President of the
Board of Trade, and A.V Alexander, First Lord of
Admiralty
 Came to propose a Constituent assembly for India
 Plan rejected Pakistan, proposed a unique federal set-
up, with grouping of states, Groups having a
legislature and executive, enjoying significant
autonomy, with their own constitution
 Group A: UP, CP, Bombay, Bihar, Orissa and
Madras, Group B: Sind, Punjab, Northwest Frontier
and Baluchistan, Group C: Bengal and Assam
 Congress rejected the plan

39. INDIAN INDEPENDENCE ACT, 1947
 Division of British India into the two new
dominions of India and Pakistan, with effect from
15 August 1947,
 Partition of the provinces of Bengal and Punjab
between the two new countries,
 Granted complete legislative authority upon the
respective Constituent Assemblies of the two new
countries,
 Termination of British suzerainty over the
princely states, gave freedom to princely states to
join either of the two new dominion,
 Constitution of India repealed Indian
Independence Act, 1947

40. THE FRAMING OF INDIAN CONSTITUTION
 Constituent Assembly: Set up in 1946 under the leadership of Dr Rajendra Prasad to
draft the Constitution
 Total Members: Total Members—299; elected members (from Provincial Legislative
Assemblies whose election was conducted in 1946)– 229 and 70 members nominated from
29 Princely State
 Time taken: 114 days (2 years 11 months and 18 days)
Constitution was adopted on 26 November 1949 and came into force on 26 January 1950.
Further links for detailed description
https://rajyasabha.nic.in/rsnew/constituent_assembly/constituent_assembly_mem.asp
https://www.constitutionofindia.net/
http://164.100.47.194/Loksabha/Debates/cadebadvsearch.aspx