Historical Background of Indian Constitution | Indian Polity | UPSC | ClearIAS

Exploring the historical background of the Indian constitution before 1947, when India was divided into British India and princely states.

The Indian Administration is a parliamentary form of democracy with federal governance and self-governance at local government levels, owing its legacy to the British Administration. The historical underpinnings and evolution of the Indian constitution can be traced to regulations and acts passed before independence.

The Regulating Act of 1773 designated the governor of Bengal as the first Governor-General and established an executive council. It also prohibited company servants from private trade or accepting bribes.

The act of 1784 separated the commercial and political functions of the company, establishing a court of Directors for commercial matters and a board of control for political affairs. It also reduced the strength of the governor General's Council to three members and placed Indian Affairs under direct British government control.

The Charter Act of 1833 opened trade with India to all British subjects and made the governor general of Bengal the governor general of India, marking a step towards centralization in British India. It established a central legislature for India by taking away legislative powers from Bombay and Madras provinces.

The Charter Act of 1853 separated the legislative and executive functions of the Governor General's Council, making it a purely administrative body. It also introduced open competition as the basis for recruiting civil servants, opening up the Indian Civil Service to all.

The act replaced the rule of the company with the rule of the crown in India. The British crown's powers were exercised by the Secretary of State for India, assisted by a Council of 15 members. The Viceroy was made Lord Canning, and this act abolished the board of control.

The Indian Council Act of 1861 introduced Indian representation in the viceroy's executive and legislative councils, leading to the establishment of legislative councils in both center and provinces. It also provided statutory recognition to the portfolio system and initiated decentralization.

The Indian Council Act of 1892 granted legislative powers to the Bombay and Madras provinces. It introduced indirect elections, nominations, and expanded the size and functions of the legislative councils.

The Indian Council Act of 1909, also known as the Morley Minto reforms, introduced direct elections to legislative councils and increased the number of members in the central legislative council. It changed the name to Imperial Legislative Council and implemented communal representation for Muslims through a separate electorate.

The Government of India Act 1919, also known as the Montague Chelmsford reforms, introduced dual governance with central and provincial subjects separated. It implemented a diarchy system for provincial subjects and established bicameralism at the center with direct elections. Additionally, it mandated that three out of six members of the Viceroy's executive Council were to be Indians.

The act established the Public Service Commission and an All India Federation, dividing powers into federal, provincial, and concurrent lists. It abolished diarchy in provinces, introduced provincial autonomy, adopted dyarchy at the center, and implemented bicameralism in six out of eleven provinces.

The act declared India as an independent and sovereign state, established responsible governments at both the center and provinces, assigned dual functions to the constituent assembly, separated judicial powers from district collectors, visualized financial decentralization through local self-government institutions.