Constitutional History.docx

CONSTITUTIONAL HISTORY CONCISE NOTES

TEAM LEGALITE AN INITIATIVE BY NATIONAL LAW UNIVERSITY, DELHI STUDENTS

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British entered India as traders in the year 1600 in the form of EIC. In 1765 they obtained Diwani Rights (Revenue and Civil Justice Rights) from Shah Alam – Treaty of Allahabad. Initially, British tried to rule in proxy through the concept of Pax Britannica.

REGULATING ACT, 1773

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Parliamentary Supervision was introduced on EIC. Governor General was appointed for Bengal – Warren Hastings. Presidency of Bengal got supremacy over Bombay and Madras. Four councillors were appointed in GG’s Council. Supreme Court was set-up in Calcutta in 1774.  Total Judges – 1 chief justice + 3 other judges  1st CJ – Elijah Impey

DECLARATORY ACT, 1781

1. For the first time the Company’s territories were now called as British Possessions.

PITT’S INDIA ACT, 1789

1. British Parliament’s control over the company was enhanced. 2. A Board of control was appointed with 6 – members to look after the company’s affairs. 3. GG’s Council was reduced to 3(from 4). CHARTER ACT, 1793

1. Company’s commercial privileges (trade monopoly) extended for another 20 years. CHARTER ACT, 1813

1. Company’s monopoly was abolished except for tea trade and trade with china. 2. Englishmen were granted permission to settle and hold land in India. 3. 1 Lakh was granted for education in India.

CHARTER ACT, 1833 1|Pa ge

1. Company’s commercial privileges were completely abolished. However, administrative and political powers remained with the company. 2. GG was now called the Governor-General of India.  1st GG of India – William Bentick. 3. 4th member (Lord Macaulay) was added to GG’s council for legislative purposes. 4. 1st Law commission was setup – chaired by Lord Macaulay. 5. Central Legislative Council was introduced. 6. Indian Civil Services was introduced.

CHARTER ACT, 1853

1. It laid the foundation of Parliamentary system in India (Executive and Legislative separated). 2. EIC’s term was renewed. 3. 6 separate members called the legislative councillors were appointed in GG’s council. 4. Indian Civil Services became an open competition.  Lord Macaulay was made its Chairman. 5. Local representation was introduced in central legislature.

GOVERNMENT OF INDIA ACT, 1858

1. East India Company’s career came to an end. 2. A Secretary of State (SoS) was appointed to represent the Crown.  Lord Stanley = 1st SoS. 3. The SoS Council consisted of 15 members. 4. The GG was now called as Viceroy.  Lord Canning = 1st Viceroy.

INDIAN COUNCILS ACT, 1861

1. The 3 presidencies were brought into one common system. 2. The system of legislative devolution was introduced. 3. Lord Canning nominated 3 Indian members to his Legislative Council – Raja of Benaras, Maharaja of Patiala and Sir Dinkar Rao. 4. Provisions for establishing High Courts were also introduced.  1st HC estd. In Calcutta = 1862 5. In the same year, HCs were estd. In Bombay and Madras as well. 6. Currently, there are 24 HCs in India.

INDIAN COUNCILS ACT, 1892

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Provincial Legislative Council was introduced.

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INDIAN COUNCILS ACT, 1909 (MORLEY-MINTO REFORMS)

1. Direct elections were introduced. 2. An Indian was appointed to the Viceroy’s Council = Satyendra Sinha. 3. Separate electorate was introduced for Muslims and thus, Lord Minto was known as the ‘Father of Communal Politics’.  Meanwhile, in 1905, Bengal was divided by Lord Curzon, into East Bengal (muslimdominated) and West Bengal (hindu-dominated).

GOVERNMENT OF INDIA ACT, 1919 (MONTAGUE-CHELMSFORD REFORMS)

1. Some of the functions of SoS were taken away and given to the High Commissioner of India. 2. Legislative subjects were divided into 2 lists – Central and Provincial. 3. Bicameral Legislature was introduced. 4. Dyarchy was introduced in Provinces.

GOVERNMENT OF INDIA ACT, 1935

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It had 321 sections and 10 schedules. It seeked to establish an All-India Federation (aimed at a federal structure). Separate representation of communal groups. The Council of States was to be a permanent body having one-third of its members retiring every two years. Federal Assembly was to have a tenure of 5 years. Ironically, the Council of States (similar to Rajya Sabha) was to have direct elections while the Federal Assembly had indirect elections. Quite opposite from the current scenario where Rajya Sabha has indirect has elections and Lok Sabha has direct elections. Dyarchy was introduced at the Central level. Concurrent list was also introduced.

INDIAN INDEPENDENCE ACT, 1947

1. 2 independent dominions were created – PAKISTAN comprised of Sindh, Baluchistan, NWFP and East Bengal and INDIA. 2. Till the new Constitution is framed, a Constituent Assembly was set up to work as the prime legislature. 3|Pa ge

3. The office of SoS was abolished and his duties were given to the Secretary of Commonwealth. 4. Thus, India was free from the control of British Parliament.

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