Constitutional History Law Note - Evolution of Indian Constitution

The Constitution of India was an outcome of long-lived historical events. To make India a republican country was the combined effort of all national leaders and constitution-makers. It took 2 years, 11 months, 18 days to complete the Constitution. Look at this law note that tells you about the Constitutional History of India – how things started in 1773 to gaining independence in 1947.

Evolution of Indian Constitution – Constitutional History

Regulating Act, 1773
Pitts India Act, 1784
Charter Act, 1813
Charter Act, 1833
Government of India Act, 1858
Indian Council Act, 1861
Indian Council Act, 1892
Act of 1909 (Minto Morley Reforms)
Act of 1919 (Montagu Chelmsford Reforms)
Government of India Act, 1935
Cripps Mission
Cabinet Mission Plan
Indian Independence Act, 1947

Regulating Act, 1773

Due to increasing corruption in the East India Company, it came under the direct control of the British parliament.
Governor of Bengal became the Governor-General of Bengal.
Warren Hastings became the first Governor-General of Bengal.
In Calcutta, Supreme Court was established.

Pitts India Act, 1784

A board of control was established for carrying out political responsibilities under the British government.
East India Company became more responsible towards the British government.

Charter Act, 1813

The councils of Bombay, Madras, and Calcutta were empowered with more powers.
The local bodies in provinces were authorized to levy taxes from people.

Charter Act, 1833

Governor-General got empowered with more powers. The matters related to revenue were now under the control of the Governor-General.
This act was a step towards centralization.
The Governor-General of Bengal now became the Governor-General of India.
The first Governor-General of India was William Bentick.
Christian institutions had entered India by that time.

Government of India Act, 1858

The Act was passed by the Parliament of England.
Company’s rule came to an end, and the administration of India came under the direct control of the Crown.
Secretary of state for India was established, who would be a member of the British Cabinet.
Sir Charleswood was the first Secretary of State for India.
Now the Governor-General of India became the Viceroy of India. Lord Canning was the first Viceroy.

Indian Council Act, 1861

This Act was passed after the revolt of 1857.
A provision was made for the inclusion of Indians in the executive council. Out of 6 to 12 additional members, half of them were to be Indians.
Three Indians who were nominated for the council by Lord Canning were Raja of Banaras, Maharaja of Patiala, and Dinkar Rao.
High Court Act was also passed in the year 1861 for establishing High Courts in Bombay, Madras, and Calcutta.

Indian Council Act, 1892

There was the establishment of Congress in the year 1885.
The demand was raised for administrative reforms, political reforms, social reforms, and economic reforms.
This Act came up with the beginning of the Indian Civil Services Exam.

Act of 1909 (Minto Morley Reforms)

The principle of election was legally recognized by the legislative council.
Separate electorate was given to Muslims but Jinnah opposed communal representation.
The councils were given the right to discuss, pass resolution on the budget, but Governor-General had the power to disallow discussion.

Act of 1919 (Montagu Chelmsford Reforms)

The concept of Dyarchy was introduced in the provinces.
The provincial subjects were divided into reserved and transferred subjects respectively. Reserved subjects like police, jail, etc. And transferred subjects like education, sanitation, and so on.
A High Commissioner for India at London was appointed.
Bicameral legislature got set up at the centre consisting of council of states and legislative assembly.

Government of India Act, 1935

In the Simon Commission Report of 1927, Jinnah demanded a separate electorate in Constitution. This was the stage when the seed of separation and communalism flourished actually.
All India Federation was established at the centre consisting of British India and princely states.
Separation of powers into three lists as federal, provincial, and concurrent (Presently in the Seventh Schedule of the Constitution.)
Dyarchy was abolished. The act gave more autonomous powers to the provinces for better administration. The governor was made head of the provincial executive.

Cripps Mission

In 1942, Sir Stafford Cripps came with the proposal to frame the Constitution by elected Indian members of the Constituent Assembly.
The proposal was to give India dominion status through the Constitution. And those provinces which want to remain free and not to accept the Indian Constitution could maintain a separate position.

Cabinet Mission Plan

The purpose of the mission was to make India independent and form a constituent assembly for framing the Constitution.
The mission showed disagreement on the separate electorate for Muslims and separate Constituent Assembly.
All residuary powers to be vested in the provinces and the states (Presently, residuary power vests in the parliament under Article 248.)
Any communal dispute or issue in the legislature was to be resolved by the majority support of each two major communities present and voting as well as a majority of the members present and voting.

Indian Independence Act, 1947

After 15th August 1947, India shall no longer be a dependent state of the British Crown.
The Central legislature of India ceases to exist after 14th August 1947. After independence, the Constituent Assembly shall function as the Central Legislature.