Polity Set 17
π
π Historical Background β’ Regulating Act
Q.1) The Regulating Act of 1773 provided for the establishment of a Supreme Court at Calcutta in which year?
Ans > 1774
- First Major Intervention: The Regulating Act of 1773 was the first major step taken by the British Government to control and regulate the affairs of the East India Company in India.
- Establishment of the Court: It formally provided for the establishment of a Supreme Court of Judicature at Fort William, Calcutta in the year 1774, acting as a court of record with original and appellate jurisdiction.
- Judicial Composition: The newly formed court comprised one Chief Justice and three other puisne judges. Sir Elijah Impey was appointed as the very first Chief Justice of this Supreme Court.
- Extent of Jurisdiction: Its legal jurisdiction extended to all British subjects residing in Bengal, Bihar, and Orissa, marking a massive milestone in the evolution of the modern Indian judicial system.
- Executive Centralization: Alongside judicial changes, this act elevated the Governor of Bengal to the “Governor-General of Bengal,” with Warren Hastings being the first to hold this powerful centralized title.
π Historical Background β’ Pitt’s India Act
Q.2) Which Act called the Company’s territories in India as the ‘British possessions in India’ for the first time?
Ans > Pitt’s India Act of 1784
- Legislative Context: Named after the young British Prime Minister William Pitt, the Pittβs India Act of 1784 was primarily passed to rectify the glaring administrative defects of the earlier Regulating Act of 1773.
- Assertion of Crown Authority: For the very first time in history, the East India Company’s territories in India were officially and legally termed as the ‘British possessions in India’, asserting the British Crown’s supreme sovereignty.
- System of Double Government: It established a unique system of double government by creating a new political body called the ‘Board of Control’ to manage political affairs, while the existing ‘Court of Directors’ retained control over commercial affairs.
- Powers of the Board: The newly established Board of Control was fully empowered to closely supervise and direct all operations of the civil and military government, as well as the revenues of the British possessions.
- Council Restructuring: This act also significantly reduced the strength of the Governor-General’s executive council from four members to three, making it much easier for the Governor-General to secure a working majority.
π Historical Background β’ Charter Act 1833
Q.3) The Charter Act of 1833 deprived the Governors of which presidencies of their legislative powers?
Ans > Bombay and Madras
- Peak of Centralization: The Charter Act of 1833 was a crucial, defining step towards the absolute centralization of power in British India, essentially reducing the East India Company to a purely administrative body.
- Creation of Governor-General of India: It elevated the Governor-General of Bengal to the newly created office of the “Governor-General of India,” vesting in him all overarching civil and military powers. Lord William Bentinck became the first to hold this title.
- Loss of Provincial Autonomy: The act explicitly deprived the Governors of the Bombay and Madras presidencies of their respective legislative powers, stripping away their local autonomy.
- Exclusive Legislative Authority: Consequently, it placed exclusive legislative authority for the entirety of British India firmly into the hands of the Governor-General of India and his council.
- Change in Legal Nomenclature: Laws made under this specific act were officially called ‘Acts’, whereas previously, laws made under earlier charter and regulating acts were merely referred to as ‘Regulations’.
π Historical Background β’ Charter Act 1853
Q.4) Local representation in the Indian (Central) Legislative Council was introduced for the first time by which act?
Ans > Charter Act of 1853
- End of an Era: The Charter Act of 1853 was a significant constitutional landmark, as it was the very last of the series of Charter Acts passed by the British Parliament between 1793 and 1853.
- Separation of Functions: For the first time, it cleanly separated the legislative and executive functions of the Governor-Generalβs council, paving the way for a modern parliamentary-style system in India.
- Addition of Councilors: It achieved this by adding six new members, specifically designated as “legislative councilors,” to the council, effectively creating a separate Indian (Central) Legislative Council.
- Pioneering Local Representation: Out of these six new legislative members, four were directly appointed by the local (provincial) governments of Madras, Bombay, Bengal, and Agra, thereby introducing local representation for the first time.
- Civil Service Open Competition: Furthermore, this act officially introduced an open competition system for the selection and recruitment of civil servants, throwing the covenanted civil service open to Indians (facilitated by the Macaulay Committee of 1854).
π Historical Background β’ Govt of India Act 1858
Q.5) Which act changed the designation of the Governor-General of India to that of Viceroy of India?
Ans > Government of India Act of 1858
- Post-Revolt Legislation: Enacted immediately in the wake of the devastating Revolt of 1857 (the First War of Independence), this act was officially titled the “Act for the Good Government of India.”
- Abolition of the Company: It permanently abolished the East India Company, completely stripping it of all its administrative, territorial, and revenue-collecting powers, transferring them directly to the British Crown.
- Creation of the Viceroy: It changed the designation of the Governor-General of India to the “Viceroy of India.” The Viceroy acted as the direct, personal representative of the British Crown in India.
- The First Viceroy: Lord Canning, who was serving as the Governor-General during the 1857 mutiny, was subsequently appointed as the very first Viceroy of India under this new administrative framework.
- End of Double Government: It effectively ended the system of double government introduced by Pitt’s India Act by formally abolishing both the Board of Control and the Court of Directors.
π Historical Background β’ Govt of India Act 1858
Q.6) The Government of India Act of 1858 constituted the Secretary of State-in-Council as a body corporate capable of suing and being sued in:
Ans > India and in England
- The New Authority Figure: The Act created the powerful new office of the Secretary of State for India, who was vested with complete and absolute authority over the entire Indian administration.
- Cabinet Status: The Secretary of State was heavily integrated into the British political system; he was a member of the British Cabinet and was ultimately responsible directly to the British Parliament.
- The Council of India: To assist him in his vast duties, a 15-member ‘Council of India’ was created. This council was strictly an advisory body, with the Secretary of State designated as its chairman.
- Legal Corporate Status: The Act officially constituted the Secretary of State-in-Council as a distinct “body corporate,” giving it a formal legal personality independent of the individual holding the office.
- Jurisdiction for Lawsuits: Because of this corporate status, the Secretary of State-in-Council became a legal entity capable of suing others, and importantly, of being sued itself, in both the courts of India and in England.
π Historical Background β’ Indian Councils Act 1861
Q.7) Under the Indian Councils Act of 1861, new legislative councils were established for Bengal, North-Western Provinces, and Punjab in which respective years?
Ans > 1862, 1886, and 1897
- Reversing Centralization: After the extreme centralization of the 1833 Act, the Indian Councils Act of 1861 marked a major shift by initiating a deliberate process of legislative decentralization across British India.
- Restoring Provincial Powers: It took the critical step of restoring the legislative and law-making powers back to the Bombay and Madras Presidencies, reversing a trend that had lasted nearly three decades.
- Expansion of Councils: Beyond restoring old powers, it actively provided for the establishment of entirely new provincial legislative councils to manage the growing administrative burden of the massive empire.
- Specific Timelines: As a direct result of this provision, new legislative councils were successfully established for Bengal in 1862, for the North-Western Provinces in 1886, and finally for Punjab in 1897.
- The Portfolio System: Additionally, this act gave statutory recognition to the ‘portfolio system’ introduced by Lord Canning in 1859, where individual members were put in charge of specific government departments.
π Historical Background β’ Indian Councils Act 1892
Q.8) Under the Indian Councils Act of 1892, some non-official members of provincial legislative councils were nominated by the Governors on the recommendation of:
Ans > District boards, municipalities, universities, trade associations, zamindars, and chambers
- Expansion of Representation: The Indian Councils Act of 1892 was a cautious step forward, marginally increasing the number of additional (non-official) members in both the Central and provincial legislative councils.
- Maintaining the Status Quo: Despite this numerical increase in non-official members, the British carefully maintained a strict “official majority” (bureaucrats and Crown appointees) in all councils to prevent any loss of control.
- Increased Legislative Functions: The act expanded the functions of the legislative councils, giving them the vital, though limited, power to discuss the annual budget and to address formal questions to the executive branch.
- Central Nominations: For the Central Legislative Council, the Viceroy nominated non-official members based on the recommendations of the provincial legislative councils and the Bengal Chamber of Commerce.
- Provincial Nominations: For provincial councils, Governors nominated non-official members heavily based on recommendations from local bodies like district boards, municipalities, universities, trade associations, prominent zamindars, and regional chambers of commerce.
π Historical Background β’ Morley-Minto Reforms
Q.9) The Indian Councils Act of 1909 (Morley-Minto Reforms) retained the official majority in which council?
Ans > Central legislative council
- Origin of the Name: This act is popularly known as the Morley-Minto Reforms, named after John Morley (the Secretary of State for India in London) and Lord Minto (the serving Viceroy of India).
- Massive Size Increase: The act considerably increased the physical size of the legislative councils, both at the Central and provincial levels. The number of members in the Central Legislative Council was raised drastically from 16 to 60.
- The Majority Split: Crucially, it retained a strict “official majority” in the Central Legislative Council, ensuring British control over national laws, but it finally allowed provincial legislative councils to have a “non-official majority.”
- Executive Council Breakthrough: It provided for the very first time for the association of Indians directly with the executive councils of the Viceroy and Governors. Satyendra Prasad Sinha became the first Indian to join the Viceroyβs Executive Council as a law member.
- Communal Representation: Most controversially, it introduced a system of communal representation for Muslims by accepting the concept of a ‘separate electorate’, thereby legalizing communalism and earning Lord Minto the title of ‘Father of Communal Electorate’.
π Historical Background β’ Govt of India Act 1919
Q.10) Which act separated provincial budgets from the Central budget for the first time?
Ans > Government of India Act of 1919
- Montagu-Chelmsford Reforms: Enacted in 1919, this act was based on the comprehensive recommendations of the Montagu-Chelmsford Reforms (Edwin Montagu was Secretary of State, and Lord Chelmsford was Viceroy).
- Relaxing Central Control: It aimed to relax the tight central control over the provinces by demarcating and separating the central and provincial subjects, allowing provinces more administrative breathing room.
- The Introduction of Dyarchy: It further divided provincial subjects into two distinct parts: ‘transferred subjects’ (administered by the Governor with ministers) and ‘reserved subjects’ (administered by the Governor with his executive council), a dual scheme known as ‘dyarchy’.
- Bicameralism & Direct Elections: At the national level, it introduced, for the first time, a bicameral legislature (an Upper House and a Lower House) and the concept of direct elections in the country.
- Financial Decentralization: In a landmark financial move, it officially separated provincial budgets from the Central budget for the very first time, actively authorizing provincial legislatures to enact and manage their own financial budgets.
π Historical Background β’ Simon Commission
Q.11) The Simon Commission, appointed in 1927, submitted its report in which year?
Ans > 1930
- Premature Appointment: In November 1927 itself (two years ahead of its scheduled time as per the 1919 Act), the British Government announced the appointment of a seven-member statutory commission under the chairmanship of Sir John Simon.
- The All-White Commission: The commission’s mandate was to report on the condition of India under its new constitution. However, because all seven members of the commission were British, it was unanimously boycotted by all major Indian political parties.
- Report Submission: Despite widespread protests (famous for the “Simon Go Back” slogans), the commission completed its extensive tour of India and finally submitted its comprehensive report in the year 1930.
- Major Recommendations: The 1930 report recommended the immediate abolition of dyarchy in the provinces, the extension of responsible government in provinces, and the establishment of a massive federation comprising British India and the princely states.
- Round Table Conferences: To consider these sweeping proposals, the British Government subsequently convened three Round Table Conferences in London, involving representatives of the British Government, British India, and the Indian princely states.
π Historical Background β’ Communal Award
Q.12) Who undertook a fast unto death in Yerawada Jail (Poona) to get the Communal Award modified?
Ans > Mahatma Gandhi
- The MacDonald Announcement: In August 1932, Ramsay MacDonald, the British Prime Minister, announced a highly controversial scheme of representation for the minorities, which famously came to be known as the Communal Award.
- Extending the Divide: The award not only continued separate electorates for Muslims, Sikhs, Indian Christians, Anglo-Indians, and Europeans, but dangerously extended this division to the ‘depressed classes’ (Scheduled Castes), aiming to fracture Hindu society.
- Gandhi’s Extreme Protest: Mahatma Gandhi was deeply distressed by this blatant attempt to politically separate the depressed classes from the general Hindu fold. He immediately undertook a fast unto death in Yerawada Jail, Poona, demanding a modification.
- The Poona Pact: Under immense public pressure and fear for Gandhi’s life, an agreement was hurriedly negotiated and signed by the leaders of the Congress and the depressed classes (led by Dr. B.R. Ambedkar).
- Terms of the Pact: This agreement, known as the Poona Pact, scrapped the separate electorates for depressed classes. Instead, it retained the Hindu joint electorate but granted a significantly higher number of reserved seats to the depressed classes.
π Historical Background β’ Govt of India Act 1935
Q.13) The Government of India Act of 1935 introduced bicameralism in how many out of eleven provinces?
Ans > Six
- A Massive Document: The Government of India Act of 1935 was an incredibly lengthy and detailed constitutional document, originally containing 321 Sections and 10 Schedules, serving as the blueprint for the later Indian Constitution.
- Provincial Autonomy: It famously abolished the flawed system of dyarchy in the provinces and replaced it with ‘provincial autonomy’, allowing provinces to act as autonomous units of administration in their defined spheres.
- Introducing Bicameralism: While granting autonomy, the act also introduced bicameralism (a two-house legislature) in six out of the eleven British Indian provinces for the very first time.
- The Six Provinces: The six specific provinces that received a bicameral legislature were Bengal, Bombay, Madras, Bihar, Assam, and the United Provinces (modern-day Uttar Pradesh).
- Structure of the Houses: In these six provinces, the legislature now consisted of a legislative council (acting as the upper house) and a legislative assembly (acting as the lower house), though they were subjected to numerous restrictions.
π Historical Background β’ Public Service Commissions
Q.14) The establishment of a Federal Public Service Commission, Provincial Public Service Commission, and Joint Public Service Commission was provided by the:
Ans > Government of India Act of 1935
- Administrative Expansion: The Government of India Act of 1935 was not just about political power; it focused heavily on creating a robust, modern administrative framework capable of running a massive federation.
- Expanding the Franchise: As part of this expansion, it extended the voting franchise, giving voting rights to approximately 10% of the total Indian population based on property, tax, or educational qualifications.
- Financial Control: It provided for the establishment of the Reserve Bank of India to strictly control the currency issuance and maintain the overall credit stability of the country.
- Structuring the Civil Service: Most importantly for administration, it provided for the establishment of not only a Federal Public Service Commission (at the center), but also a Provincial Public Service Commission for each province.
- Joint Commissions: Recognizing that smaller provinces might lack resources, it also allowed for the creation of a Joint Public Service Commission to serve two or more provinces concurrently.
π Historical Background β’ Indian Independence Act
Q.15) The Indian Independence Act of 1947 dropped the title of “Emperor of India” from the royal titles of the:
Ans > King of England
- The Culmination of Struggle: Passed rapidly by the British Parliament based on the Mountbatten Plan of June 3, 1947, this act formally ended nearly two centuries of British colonial rule in the subcontinent.
- Creation of Dominions: It declared India as an independent and sovereign state starting from August 15, 1947, and provided for the immediate partition of the country to create two independent dominions: India and Pakistan.
- Abolishing British Offices: The act completely abolished the office of the Viceroy of India and the office of the Secretary of State for India, transferring all power to the respective Constituent Assemblies.
- New Head of State: For a transitional period, it provided each newly created dominion with a Governor-General, who was to be appointed by the British King purely on the advice of the dominion cabinet.
- Dropping the Royal Title: As a symbolic end to imperial subjugation, the act officially dropped the grand title of ‘Emperor of India’ from the royal titles held by the King of England.
π Making of Constitution β’ Constituent Assembly
Q.16) In which year did the Indian National Congress (INC) first officially demand a Constituent Assembly to frame the Constitution of India?
Ans > 1935
- The Genesis of the Idea: The radical idea of a Constituent Assembly exclusively for India was first put forward in 1934 by M.N. Roy, a prominent pioneer of the communist movement in the country.
- Official INC Adoption: Exactly one year later, in 1935, the Indian National Congress (INC), which was leading the freedom struggle, officially adopted this idea and formally demanded a Constituent Assembly to frame the Constitution.
- Nehru’s Declaration: In 1938, building on this demand, Jawaharlal Nehru boldly declared on behalf of the INC that “the constitution of free India must be framed, without outside interference, by a Constituent Assembly.”
- The Universal Franchise Demand: Nehru explicitly specified that this proposed Constituent Assembly must be elected strictly on the basis of adult franchise, ensuring it represented the true will of the Indian masses.
- British Reluctance: The British government initially ignored this demand for years, maintaining that they alone had the authority and responsibility to dictate the constitutional progress of their colonial subjects.
π Making of Constitution β’ August Offer
Q.17) The British Government finally accepted the demand for a Constituent Assembly in principle through the:
Ans > August Offer of 1940
- Wartime Pressures: By 1940, the British were heavily embroiled in the Second World War and desperately needed the full cooperation and manpower of the Indian political leadership and masses to support their war effort.
- The Concession: Driven by this desperate need, the long-standing demand for a Constituent Assembly was finally accepted “in principle” by the British Government in what came to be known as the ‘August Offer’ of 1940.
- Linlithgow’s Proposal: Made by the serving Viceroy, Lord Linlithgow, the offer proposed an expanded Executive Council featuring an Indian majority and formally recognized the right of Indians to frame their own constitution.
- Post-War Condition: However, the British attached a major caveat: the actual framing of the new constitution would only happen *after* the successful conclusion of the Second World War.
- Immediate Rejection: Because the offer did not guarantee complete independence and delayed the constitution-making process, it was swiftly rejected by both the Indian National Congress and the Muslim League.
π Making of Constitution β’ Cabinet Mission Plan
Q.18) Under the Cabinet Mission Plan, the 296 seats allotted to British India were to be divided among which three principal communities?
Ans > Muslims, Sikhs, and General
- The High-Level Mission: In 1946, the British Government sent the Cabinet Mission to India. It consisted of three senior British cabinet ministers: Lord Pethick-Lawrence, Sir Stafford Cripps, and A.V. Alexander.
- Rejecting Partition Initially: The mission explicitly rejected the Muslim League’s demand for two separate constituent assemblies (and thus the immediate creation of Pakistan), instead proposing a complex scheme for a single assembly.
- Fixing the Total Strength: The plan dictated that the total strength of the Constituent Assembly would be 389. Out of this, 296 seats were strictly allotted to British India, and 93 seats were reserved for the Princely States.
- The Three-Way Split: To ensure proportional representation, the 296 seats allotted to British India were to be rigidly divided among three principal communities: Muslims, Sikhs, and ‘General’.
- The ‘General’ Category: The ‘General’ category was a catch-all designation encompassing all remaining communities in Indiaβincluding Hindus, Christians, Parsis, and Anglo-Indiansβwho were not classified as either Muslim or Sikh.
π Making of Constitution β’ Princely States
Q.19) Which political entities initially decided to stay away from the Constituent Assembly during its formation?
Ans > The Princely States
- The Allocation of Seats: Under the detailed structure provided by the 1946 Cabinet Mission Plan, out of the total 389 seats in the proposed Constituent Assembly, exactly 93 seats were allotted to the numerous Princely States.
- Method of Selection: Unlike the members representing British India, who were elected indirectly by the members of the provincial assemblies, the representatives of the princely states were to be nominated directly by the heads of those states.
- The Initial Boycott: However, when the Constituent Assembly was initially formed and convened for its first historic meeting on December 9, 1946, these 93 seats remained completely vacant.
- Preserving Autonomy: The rulers of the Princely States deliberately decided to stay away from the Assembly because they feared that joining a democratic, federal India would mean surrendering their absolute monarchical powers and local autonomy.
- Gradual Integration: They did not stay away forever. Following the acceptance of the Mountbatten Plan (June 3, 1947), and through the relentless diplomatic efforts of Sardar Vallabhbhai Patel, the representatives of most princely states gradually took their seats.
π Making of Constitution β’ Constituent Assembly
Q.20) After the withdrawal of the Muslim League members (from areas included in Pakistan), the total strength of the Constituent Assembly came down to:
Ans > 299
- The Mountbatten Plan Impact: On June 3, 1947, Lord Mountbatten put forward a plan that formally accepted the partition of the country, which was subsequently agreed upon by both the Congress and the Muslim League.
- The League’s Withdrawal: Following this agreement, the Muslim League members who hailed from the geographical territories that were to be included in the newly formed nation of Pakistan formally withdrew from the Constituent Assembly of India.
- Reduction in Total Strength: Because of this mass withdrawal, the total sanctioned strength of the Assembly came down drastically from the original 389 (fixed in 1946 under the Cabinet Mission Plan) to 299.
- Provincial Numbers Adjusted: Specifically, the strength of the representatives coming from the British Indian provinces was reduced from the original 296 members down to 229 members.
- Princely State Adjustments: Similarly, the number of seats allocated to the princely states dropped from 93 to 70, reflecting the fact that several princely states fell within the newly drawn borders of Pakistan.
π Making of Constitution β’ Committees
Q.21) Who served as the Chairman of the Rules of Procedure Committee in the Constituent Assembly?
Ans > Dr. Rajendra Prasad
- Division of Labor: Drafting a constitution for a massive, diverse nation was an incredibly complex task. To manage this efficiently, the Constituent Assembly appointed several specialized committees to deal with different aspects of constitution-making.
- Major vs. Minor: Out of all these groups, there were exactly eight major committees that handled the bulk of the crucial political and structural decisions, while the rest were considered minor committees.
- Dr. Prasad’s Leadership: Dr. Rajendra Prasad, who served as the elected President of the entire Constituent Assembly, also took on the vital role of chairing several of these crucial committees simultaneously.
- The Rules Committee: Among these was the highly important Rules of Procedure Committee, which was responsible for establishing the parliamentary norms, debate rules, and voting protocols that governed the Assembly’s daily operations.
- Other Key Roles: In addition to the Rules of Procedure, Dr. Rajendra Prasad also served as the Chairman of the Steering Committee, the Finance and Staff Committee, and the Ad hoc Committee on the National Flag.
π Making of Constitution β’ Committees
Q.22) Who was the Chairman of the Special Committee to Examine the Draft Constitution?
Ans > Jawaharlal Nehru
- Beyond the Drafting Committee: While Dr. B.R. Ambedkar famously chaired the Drafting Committee (which actually wrote the legal text), the Assembly also established a higher-level ‘Special Committee to Examine the Draft Constitution’.
- Nehru at the Helm: This crucial, oversight committee was chaired by none other than Jawaharlal Nehru, a central figure in the freedom struggle and the soon-to-be first Prime Minister of independent India.
- The Committee’s Mandate: The primary function of this special committee was to deeply and critically scrutinize the detailed legal clauses prepared by the Drafting Committee before they were presented to the general assembly.
- Protecting the Core Philosophy: Nehruβs leadership ensured that the philosophical tenets and soaring democratic ideals of his original ‘Objectives Resolution’ were adequately reflected in the final structural mechanisms of the Constitution.
- Other Committees Chaired by Nehru: Nehru was a dominant force in the Assembly; he also chaired the Union Powers Committee, the Union Constitution Committee, and the States Committee (for negotiating with states).
π Making of Constitution β’ Draft Constitution
Q.23) Dr. B.R. Ambedkar introduced the final draft of the Constitution in the Assembly for the first reading on:
Ans > November 4, 1948
- The Culmination of Drafting: After months of intense deliberation, drafting, and incorporating public feedback on the initial drafts, the Drafting Committee finalized the text of the Constitution.
- The Historic Introduction: Dr. B.R. Ambedkar, acting in his capacity as the Chairman of the Drafting Committee, formally introduced this final draft of the Constitution in the Constituent Assembly on November 4, 1948.
- The First Reading: The introduction of this final document officially marked the beginning of the “first reading” of the Constitution in the Assembly, which involved a broad, general discussion of its principles.
- Five Days of Debate: This initial general discussion was rigorous and lasted for five consecutive days, concluding on November 9, 1948, allowing members to express their overarching views on the proposed framework.
- The Subsequent Stages: Following this, the arduous “second reading” (clause-by-clause consideration) started on November 15, 1948, which saw thousands of amendments proposed, and the “third reading” finally commenced a year later on November 14, 1949.
π Making of Constitution β’ Purna Swaraj
Q.24) The ‘Purna Swaraj’ day, which inspired the choice of January 26 as the commencement date of the Constitution, was originally celebrated in which year?
Ans > 1930
- The Date of Adoption vs. Commencement: While the Constitution was fully drafted and officially adopted on November 26, 1949, its major operational provisions did not commence until exactly two months later, on January 26, 1950.
- A Date of Historic Importance: The specific date of January 26 was deliberately chosen by the framers because of its immense historical significance and deep emotional resonance with the Indian freedom struggle.
- The Lahore Session of 1929: In December 1929, the Indian National Congress held its historic Lahore Session (presided over by Jawaharlal Nehru), where it officially passed the resolution demanding ‘Purna Swaraj’ or complete independence.
- The First Independence Day: Following that resolution, January 26, 1930, was celebrated across the country as the very first ‘Purna Swaraj’ day, with people taking pledges to fight for absolute freedom from British rule.
- Honoring the Legacy: By choosing to commence the Constitution on this exact date twenty years later, the founders honored those decades of struggle, transforming a day of defiant protest into the birthdate of the Republic.
π Making of Constitution β’ Expert Committee
Q.25) Which British constitutional expert remarked that “It was the Congress Experts Committee that set India on the road to her present Constitution”?
Ans > Granville Austin
- The Unsung Heroes of Drafting: While the Constituent Assembly was officially elected to frame the Constitution, much of the foundational groundwork was laid before the Assembly even held its first session.
- Formation of the Experts Committee: On July 8, 1946, the Indian National Congress proactively formed an ‘Experts Committee’ to prepare vital material, draft resolutions, and plan procedures for the upcoming Assembly.
- Shaping the Framework: This committee, which included luminaries like Jawaharlal Nehru, Asaf Ali, and K.M. Munshi, played a massive, behind-the-scenes role in shaping the initial framework and philosophical direction of the Constitution.
- Granville Austin’s Recognition: Recognizing this incredible preparatory work, Granville Austin, a prominent American historian and leading authority on the Indian Constitution, made this famous remark.
- The Quote in Context: Austin stated, “It was the Congress Experts Committee that set India on the road to her present Constitution,” emphasizing that their early drafts heavily influenced the Drafting Committee’s final output.
π Making of Constitution β’ Criticism
Q.26) Who criticized the Constituent Assembly by calling it “a body of Hindus”?
Ans > Lord Viscount Simon
- The Dominance of Congress: The Constituent Assembly of India was heavily dominated by the Indian National Congress, which won a massive 208 out of the 296 seats allocated to British India in the 1946 elections.
- The Communal Lens of Critics: Because of this overwhelming majority, several British politicians and commentators viewed the Assembly through a highly biased, communal lens, refusing to acknowledge its secular and diverse character.
- Lord Simon’s Attack: Lord Viscount Simon, the same British politician who had previously headed the infamous and boycotted Simon Commission in 1927, heavily criticized the Constituent Assembly’s composition.
- The specific quote: Attempting to undermine its legitimacy, Simon dismissively referred to the Constituent Assembly as merely “a body of Hindus,” ignoring the presence of prominent Muslim, Sikh, Parsi, and Christian members.
- Churchill’s Echo: This sentiment was echoed by Winston Churchill, the former British Prime Minister, who similarly commented that the Constituent Assembly represented “only one major community in India.”
π Salient Features β’ Fundamental Rights
Q.27) The Right to Property was deleted from the list of Fundamental Rights and made a legal right under Article 300-A by which Constitutional Amendment Act?
Ans > 44th Amendment Act
- The Original Status: When the Constitution was adopted in 1950, the Right to Property was explicitly guaranteed as a Fundamental Right under Article 19(1)(f) (right to acquire, hold, and dispose of property) and Article 31.
- Decades of Legal Conflict: This inclusion immediately led to continuous, intense legal battles between the government (which wanted to enact socialist land reforms and abolish the zamindari system) and the judiciary (which protected individual fundamental rights).
- The 44th Amendment Intervention: To permanently resolve this constitutional friction, the Morarji Desai-led Janata Party government passed the landmark 44th Constitutional Amendment Act in the year 1978.
- Deletion from Part III: This amendment completely deleted the Right to Property from the list of Fundamental Rights in Part III of the Constitution, repealing Article 19(1)(f) and Article 31.
- Creation of Article 300-A: Instead, it inserted a new Article 300-A in Part XII, which simply states that “no person shall be deprived of his property save by authority of law,” transforming it from a fundamental right to a mere legal/constitutional right.
π Salient Features β’ Sources of Constitution
Q.28) Who proudly acclaimed that the Constitution of India has been framed after “ransacking all the known Constitutions of the World”?
Ans > Dr. B.R. Ambedkar
- A Practical Approach: The framers of the Indian Constitution were highly practical men. They did not want to reinvent the wheel, nor did they hesitate to borrow the best, time-tested features from constitutions around the globe.
- Facing Criticism of Plagiarism: During the debates, some critics argued that the draft Constitution contained nothing entirely new or original, calling it a “patchwork” or a mere copy of other nations’ laws.
- Ambedkar’s Robust Defense: Defending this extensive borrowing, Dr. B.R. Ambedkar, the Chairman of the Drafting Committee, stood up in the Constituent Assembly to justify their methodology.
- The Famous Quote: He proudly acclaimed that the Constitution of India had been framed after “ransacking all the known Constitutions of the World,” meticulously filtering out their flaws while adapting their strengths to Indian conditions.
- No Patent on Fundamentals: He further argued that nobody holds patent rights over the fundamental ideas of a constitution, and there was absolutely no shame in borrowing fundamentally sound principles to ensure a stable democracy.
π Salient Features β’ Sources of Constitution
Q.29) The structural part of the Indian Constitution is, to a large extent, derived from:
Ans > The Government of India Act of 1935
- A Massive Borrowing: The Constitution of India is uniquely voluminous, drawing heavily from various global sources. However, its primary foundation is not a foreign constitution, but a British colonial law.
- Defining the Structural Part: The ‘structural part’ of the Constitution deals with the fundamental mechanics of governance: the federal scheme, the judiciary, the powers of the governors, emergency provisions, and the Public Service Commissions.
- The 1935 Act Blueprint: This entire structural framework was derived to a very large extent directly from the Government of India Act of 1935, which had already established a working administrative model for the subcontinent.
- Scale of Adoption: The reliance on this act was massive. In fact, nearly 250 provisions out of the original 395 articles in the 1950 Constitution were heavily based on, or almost directly copied from, the 1935 Act.
- A Ready-Made Framework: Dr. B.R. Ambedkar justified this massive inclusion by stating that the 1935 Act provided a detailed, ready-made administrative framework, which was desperately needed to prevent the new nation from descending into chaos.
π Salient Features β’ Sources of Constitution
Q.30) The political part of the Indian Constitution, specifically the principle of Cabinet Government, has been largely drawn from:
Ans > The British Constitution
- Separating Structure from Politics: While the heavy, administrative *structural* part of the Indian Constitution came from the 1935 Act, the *political* part was inspired by a different source entirely.
- Defining the Political Part: The ‘political part’ essentially defines the core democratic philosophy of the state, specifically the principle of Cabinet Government and the fundamental relations between the executive and the legislature.
- The Westminster Legacy: Because Indian leaders had decades of experience working under British parliamentary systems prior to independence, this political part was largely drawn from the unwritten British Constitution (the Westminster model).
- Specific Features Borrowed: Direct historical legacies of the British model include the rule of law, the specific procedures of legislation, the concept of single citizenship, the cabinet system of ministers, and the institution of bicameralism.
- Prerogative Writs and Privileges: Furthermore, highly specific legal tools like the issuance of prerogative writs (Habeas Corpus, Mandamus, etc.) and the concept of parliamentary privileges were also adopted directly from British parliamentary traditions.
π Quick Summary β Polity Set 17
- Regulating Act 1773: Established Supreme Court at Calcutta in 1774.
- Pitt’s India Act 1784: First called Company territories ‘British possessions’.
- Charter Act 1833: Deprived Governors of Bombay and Madras of legislative powers.
- Charter Act 1853: Introduced local representation in the Central Legislative Council.
- Govt of India Act 1858: Changed Governor-General to Viceroy of India.
- Govt of India Act 1858: Made Secretary of State-in-Council a body corporate (sue in India & England).
- Indian Councils Act 1861: Formed new councils for Bengal, NWP, and Punjab.
- Indian Councils Act 1892: Non-official members nominated by boards, universities, etc.
- Morley-Minto Reforms (1909): Retained official majority in Central legislative council.
- Govt of India Act 1919: Separated provincial budgets from the Central budget.
- Simon Commission: Appointed in 1927, submitted report in 1930.
- Communal Award: Mahatma Gandhi fasted against it in Yerawada Jail.
- Govt of India Act 1935: Introduced bicameralism in 6 out of 11 provinces.
- Govt of India Act 1935: Established Federal, Provincial, and Joint Public Service Commissions.
- Indian Independence Act 1947: Dropped “Emperor of India” from King of England’s titles.
- Demand for Assembly: INC officially demanded Constituent Assembly in 1935.
- August Offer (1940): British accepted the demand for a Constituent Assembly in principle.
- Cabinet Mission Plan: Divided 296 seats among Muslims, Sikhs, and General.
- Princely States: Initially stayed away from the Constituent Assembly.
- Assembly Strength: Dropped to 299 after Muslim League withdrawal.
- Rules Committee: Chaired by Dr. Rajendra Prasad.
- Special Committee (Draft): Chaired by Jawaharlal Nehru.
- First Reading: Dr. B.R. Ambedkar introduced final draft on Nov 4, 1948.
- Purna Swaraj: Originally celebrated in 1930; inspired Jan 26 commencement date.
- Granville Austin: Praised the Congress Experts Committee.
- Lord Viscount Simon: Criticized the Assembly as “a body of Hindus”.
- 44th Amendment Act: Made Right to Property a legal right (Article 300-A).
- B.R. Ambedkar: Said Constitution was framed after “ransacking all known Constitutions”.
- Structural Part: Largely derived from the Govt of India Act of 1935.
- Political Part: Cabinet Government principles drawn from the British Constitution.
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