Polity Set 45
π
π Historical Background
Q.1) The Regulating Act of 1773 provided for the establishment of a Supreme Court at Calcutta in 1774. This court was composed of one chief justice and how many other judges?
Ans > Three
- The First Chief Justice and Bench: The Regulating Act of 1773 was a landmark statute that established the Supreme Court of Judicature at Fort William, Calcutta, in 1774. Sir Elijah Impey was appointed as the very first Chief Justice. He was assisted by three other puisne judges: Robert Chambers, Stephen Caesar Le Maistre, and John Hyde.
- Jurisdictional Scope and Conflicts: This judicial body was primarily set up to ensure the proper administration of justice for British subjects residing in Calcutta, Bengal, Bihar, and Orissa. It possessed broad powers, exercising civil, criminal, admiralty, and ecclesiastical jurisdiction. However, its original jurisdiction initially created immense administrative confusion because the specific legal boundaries between the Supreme Court and the Governor-General’s Council were not clearly demarcated by the British Parliament.
- Historical Significance: This lack of clarity led to frequent and bitter conflicts between the newly formed judiciary and the executive branch, famously climaxing in the controversial trial and execution of Maharaja Nandakumar. Despite these early administrative clashes, the introduction of a structured legal framework laid the rudimentary foundation for the modern Indian legal and judicial system, marking the East India Company’s transition from a purely trading entity to a quasi-sovereign administrative body.
π Historical Background
Q.2) Which Act exempted the servants of the company from the jurisdiction of the Supreme Court for their official actions?
Ans > Amending Act of 1781
- The Act of Settlement: The Amending Act of 1781 is popularly known in Indian legal history as the “Act of Settlement” or the “Declaratory Act of 1781.” It was passed specifically by the British Parliament to rectify the glaring defects and severe administrative clashes caused by the Regulating Act of 1773, particularly the constant, paralyzing friction between the Supreme Court and the Governor-General’s Council.
- Protection for Company Servants: This Act fundamentally altered the judicial landscape by explicitly exempting the Governor-General, his Council, and the servants of the East India Company from the jurisdiction of the Supreme Court for any acts done by them in their official capacity. Furthermore, it took away the Supreme Court’s jurisdiction over revenue matters and the collection of land revenue. This firmly established the supremacy of the executive over the judiciary in early British India.
- Respect for Personal Laws: Another highly significant and lasting provision of this Act was its directive regarding local customs and religion. It required the Supreme Court to administer the personal laws of the defendants in matters of inheritance, succession, and contract. Specifically, Hindu law was to be applied for Hindus, and Mohammedan law was to be applied for Muslims, which was a crucial step in formally acknowledging and institutionalizing indigenous social codes within the British legal framework.
π Historical Background
Q.3) The Charter Act of 1833 deprived the Governor of Bombay and Madras of their legislative powers. Who was given exclusive legislative powers for the entire British India?
Ans > The Governor-General of India
- Final Step Towards Centralization: The Charter Act of 1833, enacted during the era of utilitarian reforms, is considered the final and most decisive step towards the absolute centralization of administration in British India. By entirely stripping the Governors of Bombay and Madras of their legislative autonomy, it created a unified, pan-Indian legislative authority for the very first time in colonial history, bringing all British territories under one uniform legal umbrella.
- Elevation of the Governor-General: Under this monumental Act, the designation of the “Governor-General of Bengal” was officially elevated and redesignated as the “Governor-General of India.” Lord William Bentinck became the first individual to hold this prestigious title. He was vested with immense civil and military powers, effectively gaining exclusive and supreme control over the entire territorial area possessed by the British in India.
- End of Commercial Monopoly & Legal Reforms: Beyond legislative centralization, this Act brought a definitive end to the East India Companyβs status as a commercial body, completely ending its monopoly on the China trade and the tea trade. It became a purely administrative entity held “in trust for His Majesty.” Additionally, the Act added a fourth member (the Law Member) to the Governor-General’s Council for legislative purposesβLord Macaulay became the first Law Member, leading to the creation of the First Law Commission to codify Indian laws.
π Historical Background
Q.4) Under the Charter Act of 1853, the legislative wing of the Governor-General’s council functioned as a mini-Parliament, adopting the same procedures as the:
Ans > British Parliament
- Separation of Powers: The Charter Act of 1853 was a landmark piece of legislation because it formally separated the legislative and executive functions of the Governor-Generalβs council for the very first time. It established a distinct Indian (Central) Legislative Council consisting of six new members (called legislative councilors) specifically added for legislative purposes. This new council functioned as a “mini-Parliament,” modeling its exact debating and passing procedures strictly on the British Parliament in London.
- Local Representation Introduction: This Act introduced, for the very first time, the crucial concept of local representation in the Indian (Central) Legislative Council. Of the six new legislative members added to the council, four were directly appointed by the local provincial governments of Madras, Bombay, Bengal, and Agra. This gave regional administrative voices a slight, yet unprecedented, platform at the central legislative level.
- Birth of the Modern Civil Service: The Act also made history by dismantling the patronage system of the Court of Directors. It introduced an open competition system for the selection and recruitment of civil servants, officially opening the covenanted civil service to Indians. This direct mandate led to the formation of the Macaulay Committee (the Committee on the Indian Civil Service) in 1854, which laid the rigorous intellectual groundwork for India’s modern, merit-based bureaucratic framework.
π Historical Background
Q.5) The Indian Councils Act of 1861 initiated the process of decentralisation by restoring legislative powers to the presidencies of:
Ans > Bombay and Madras
- Reversing Centralization: Passed in the aftermath of the devastating Revolt of 1857, the Indian Councils Act of 1861 marked a dramatic shift in British administrative policy. Realizing the danger of ruling without native input, the British deliberately reversed the intense centralizing tendency that had started with the Regulating Act of 1773. By restoring legislative powers to the Bombay and Madras Presidencies, it initiated the crucial process of legislative decentralization in India, which eventually culminated in the grant of almost complete internal autonomy to provinces in 1937.
- Statutory Recognition of the Portfolio System: This Act gave formal, statutory recognition to the “portfolio system,” which had been introduced earlier by Viceroy Lord Canning in 1859. Under this highly efficient system, individual members of the Viceroy’s council were made solely responsible for specific departments of the government (like finance, home, or military). They were authorized to issue final orders on behalf of the council on matters of their department, essentially acting as a precursor to the modern cabinet system used in democratic governments today.
- Ordinance Making Power & Indian Association: A highly significant executive power granted by this Act was the authority given to the Viceroy to issue ordinances without the concurrence of the legislative council during an emergency. The lifespan of such an emergency ordinance was strictly limited to six months (a concept that heavily influenced Article 123 of the modern Indian Constitution). Furthermore, the Act provided that the Viceroy should nominate some Indians as non-official members of his expanded council. In 1862, Lord Canning nominated three Indians: the Raja of Benaras, the Maharaja of Patiala, and Sir Dinkar Rao.
π Historical Background
Q.6) Which Act increased the functions of legislative councils and gave them the power of discussing the budget?
Ans > Indian Councils Act of 1892
- Expansion of Legislative Functions: The Indian Councils Act of 1892 was enacted as a direct political response to the growing demands of the newly formed Indian National Congress (established in 1885). The Congress had strongly demanded the expansion of councils and greater Indian participation. Consequently, the Act significantly broadened the functions of the legislative councils, empowering Indian members with the crucial, newly granted right to discuss the annual financial statement (the budget), which had previously been strictly off-limits to them.
- Questioning the Executive (With Restrictions): Alongside the vital power of budget discussions, the Act granted members the power to address questions to the executive branch on matters of public interest. However, this power was highly restricted and far from democratic; members could not ask supplementary questions to follow up on evasive answers, and they could not vote on the budget. Furthermore, the President of the council retained the arbitrary, unquestionable right to disallow any question without providing a reason.
- Introduction of Indirect Elections: Although the British drafters consciously avoided using the politically sensitive word “election” anywhere in the text of the Act, it essentially introduced the principle of indirect election for filling some of the non-official seats in both the Central and Provincial legislative councils. Members were appointed by the Viceroy or Governors based strictly on the “recommendation” of various local bodies like universities, district boards, municipalities, zamindars, and chambers of commerce, bringing a sliver of representative governance to India.
π Historical Background
Q.7) The Indian Councils Act of 1909 (Morley-Minto Reforms) allowed which councils to have a non-official majority?
Ans > The provincial legislative councils
- Provincial Non-Official Majority: The Indian Councils Act of 1909, popularly known as the Morley-Minto Reforms (named after Secretary of State Lord Morley and Viceroy Lord Minto), considerably increased the size of the legislative councils at both levels. The number of members in the Central Legislative Council was raised from 16 to 60. While the British strictly maintained an official (British) majority in the Central Legislative Council to retain absolute control over national affairs, they made a historic concession by allowing the provincial legislative councils to have a non-official (predominantly Indian) majority for the first time.
- First Indian in the Executive Council: Prior to 1909, Indians were only permitted in the legislative (law-making) councils, completely barred from the executive (policy-implementing) councils. This Act provided for the first-ever association of Indians with the powerful executive councils of the Viceroy and Governors. Satyendra Prasad Sinha made history by becoming the first Indian to join the Viceroyβs Executive Council. He was appointed specifically as the crucial Law Member, breaking a major racial barrier in colonial administration.
- Legalization of Communalism: The most controversial, divisive, and historically damaging aspect of this Act was the introduction of a system of communal representation for Muslims by legally accepting the concept of “separate electorates.” Under this system, Muslim members were to be elected only by Muslim voters. This officially legalized communalism in Indian politics, sowing the early seeds of partition. For brilliantly executing this divide-and-rule strategy, Lord Minto came to be known as the “Father of Communal Electorate.”
π Historical Background
Q.8) The Government of India Act of 1919 further divided the provincial subjects into two parts. The reserved subjects were to be administered by:
Ans > The Governor and his executive council
- The System of Dyarchy: Following the historic Montagu Declaration of 1917, which promised the gradual introduction of responsible government in India, the Government of India Act of 1919 (Montagu-Chelmsford Reforms) introduced a novel and highly complex system of dual government in the provinces known as “dyarchy.” Derived from the Greek word di-arche (meaning double rule), this system divided provincial administrative subjects into two strict categories: transferred subjects and reserved subjects.
- Reserved vs. Transferred Subjects: The division was highly unequal. The “reserved subjects” (which included vital areas of control like law and order, justice, police, finance, and land revenue) were administered directly by the Governor and his executive council without any accountability or responsibility to the elected legislative council. Conversely, the “transferred subjects” (which included underfunded sectors like education, health, agriculture, and local government) were administered by the Governor with the aid of Indian ministers who were responsible to the provincial legislature.
- Bicameralism and Public Services: At the central level, this Act introduced bicameralism and direct elections in the country for the first time. The old Indian Legislative Council was abruptly replaced by a bicameral legislature consisting of an Upper House (Council of State) and a Lower House (Legislative Assembly), setting the exact physical framework for India’s modern Parliament. Additionally, it provided for the establishment of a public service commission. Consequently, the Central Public Service Commission was set up in 1926 for recruiting civil servants in India, a major step toward Indianizing the bureaucracy.
π Historical Background
Q.9) The Government of India Act of 1935 introduced bicameralism in six out of eleven provinces. Which of the following was NOT one of those six provinces?
Ans > Punjab
- Provincial Bicameralism: The Government of India Act of 1935, a massive and detailed document born out of the Round Table Conferences, expanded the democratic apparatus by introducing bicameralism (a legislature with two houses: a legislative council and a legislative assembly) in six out of the eleven British Indian provinces. These six provinces were Bengal, Bombay, Madras, Bihar, Assam, and the United Provinces. Punjab, notably, retained a unicameral legislature despite its significant size and political importance.
- Abolition of Dyarchy and Provincial Autonomy: This Act officially abolished the much-hated and highly dysfunctional system of dyarchy in the provinces, replacing it with the concept of “provincial autonomy.” The provinces were finally allowed to act as autonomous units of administration in their defined spheres. The Governor was now legally required to act on the advice of Indian ministers responsible to the provincial legislature across all subjects, bringing a brief period of elected representative government (from 1937 to 1939) before World War II disrupted the political landscape.
- Division of Powers and New Institutions: The Act made a serious, though ultimately unsuccessful, attempt to establish an All-India Federation consisting of provinces and princely states as units. It meticulously divided legislative powers between the Centre and the provinces in terms of three exhaustive lists: Federal List (59 items for the Centre), Provincial List (54 items for provinces), and the Concurrent List (36 items for both). Residuary powers were vested exclusively in the Viceroy. Furthermore, it provided for the establishment of a Federal Court (set up in 1937) and the Reserve Bank of India (established in 1935) to control the currency and credit of the country.
π Historical Background
Q.10) The Indian Independence Act of 1947 abolished the office of the Secretary of State for India and transferred his functions to the:
Ans > Secretary of State for Commonwealth Affairs
- Dismantling the Colonial Apparatus: Enacted rapidly by the British Parliament on July 18, 1947, based on the Mountbatten Plan (June 3 Plan), the Indian Independence Act systematically dismantled the vast British administrative machinery in India. It officially abolished the powerful office of the Secretary of State for India (which was created back in 1858 following the Sepoy Mutiny). It transferred his remaining bureaucratic functions to the Secretary of State for Commonwealth Affairs, signaling India’s transition from a colonial possession to an independent dominion.
- End of the Viceroyalty and Royal Titles: The Act legally ended British rule in India and declared India an independent and sovereign state from August 15, 1947. It officially abolished the title and office of the Viceroy, providing instead for a Governor-General for each dominion (India and Pakistan). This new Governor-General was to be appointed by the British King strictly on the advice of the dominion cabinet, completely stripping the British government in London of any control over the dominions. It also dropped the title “Emperor of India” from the royal titles of the King of England.
- Lapse of British Paramountcy: A highly critical and volatile component of this Act was the formal lapse of British paramountcy over the 562 Indian princely states, as well as the termination of treaty relations with tribal areas. These states were suddenly granted full freedom to either join the Dominion of India, join the newly created Dominion of Pakistan, or legally remain completely independent. This created a massive integration challenge for Sardar Vallabhbhai Patel, who worked tirelessly to bring them into the Indian Union.
π Making of Constitution
Q.11) Under the scheme formulated by the Cabinet Mission Plan in 1946, the total strength of the Constituent Assembly was to be:
Ans > 389
- The Original Assembly Composition: Arriving in India in 1946, the Cabinet Mission (comprising Lord Pethick-Lawrence, Sir Stafford Cripps, and A.V. Alexander) firmly rejected the Muslim League’s demand for two separate constituent assemblies. Instead, according to the blueprint established by their plan, the total authorized strength of a single, unified Constituent Assembly was fixed at 389 members. This number was carefully calculated to accurately represent the diverse political and demographic geography of the entire subcontinent before the catastrophic partition of the country.
- Division of Seats between Provinces and States: Out of these 389 total seats, 296 seats were strictly allotted to British India. This block was further subdivided, comprising 292 members drawn from the eleven governor’s provinces (like Madras, Bombay, U.P., Bihar, Central Provinces, Orissa, Punjab, NWFP, Sindh, Bengal, and Assam) and 4 members from the four chief commissioners’ provinces (Delhi, Ajmer-Merwara, Coorg, and British Baluchistan). The remaining 93 seats were strategically allotted to the various Princely States ruled by Indian monarchs across the subcontinent.
- Population Ratio for Allocation: The fundamental, guiding principle for allocating seats in the Constituent Assembly was based strictly on population density to ensure fair representation. Roughly, one seat was allotted for every one million (10 lakh) people. The seats allocated to each British province were further divided among the three principal communities recognized by the British: Muslims, Sikhs, and General (which included everyone else except Muslims and Sikhs), in proportion to their respective populations. Members were elected via the method of proportional representation by means of a single transferable vote.
π Making of Constitution
Q.12) The Constituent Assembly held its first meeting on December 9, 1946. How many members attended this meeting due to the Muslim League’s boycott?
Ans > 211 members
- The Boycott and Attendance: The historic first meeting of the Constituent Assembly took place in the Constitution Hall (now the Central Hall of Parliament) in New Delhi on December 9, 1946. However, the mood was incredibly tense. Due to a hardline, organized boycott by the Muslim Leagueβwhich steadfastly rejected the Cabinet Mission’s unified approach and demanded a completely separate state of Pakistan with its own assemblyβthe meeting was attended by only 211 members instead of the expected full house of 389.
- Appointment of the Temporary President: Because the assembly needed to initiate proceedings but had not yet elected leadership, they followed a standard, time-honored French parliamentary practice. Dr. Sachchidananda Sinha, the oldest participating member of the assembly, was unanimously elected as the temporary (interim) President of the Constituent Assembly to preside over the initial, crucial organizational procedures and swearing-in of members.
- Permanent Leadership Established: The interim arrangement lasted only briefly. Just two days later, on December 11, 1946, the assembly held formal elections for permanent leadership to guide the massive, multi-year project ahead. Dr. Rajendra Prasad was elected as the permanent President of the Constituent Assembly. To assist him and ensure representation across different factions, two Vice-Presidents were elected: H.C. Mukherjee (representing minorities) and V.T. Krishnamachari (representing the princely states), providing highly structured leadership for the immense drafting task.
π Making of Constitution
Q.13) The historic ‘Objectives Resolution’, moved by Jawaharlal Nehru, was unanimously adopted by the Constituent Assembly on:
Ans > January 22, 1947
- The Moving of the Resolution: Shortly after the assembly was formed, Jawaharlal Nehru presented the historic “Objectives Resolution” to the Constituent Assembly on December 13, 1946. This majestic, elegantly worded document was essentially a declaration of intent. It boldly outlined the fundamental philosophy, democratic ideals, and architectural structure that the framers envisioned for the independent Indian nation, declaring India to be an Independent Sovereign Republic.
- Unanimous Adoption: The resolution was not passed immediately. The assembly deliberately waited, hoping the Muslim League would join the proceedings. After profound and extensive debates across multiple sessions regarding the nature of the future state, the resolution was unanimously adopted by the Constituent Assembly on January 22, 1947. Its acceptance marked a collective, unbreakable agreement among the diverse members on the core democratic and secular values that would ultimately dictate the nation’s future governance.
- Foundation of the Preamble: The Objectives Resolution is of paramount historical and legal importance because its modified version directly forms the Preamble to the present Indian Constitution. It firmly promised justice (social, economic, and political), equality of status and of opportunity, and freedom of thought, expression, belief, faith, and worship to all citizens. Furthermore, it explicitly mandated that adequate constitutional safeguards would be provided for minorities, backward and tribal areas, and depressed and other backward classes.
π Making of Constitution
Q.14) The Constituent Assembly adopted the national flag on which of the following dates?
Ans > July 22, 1947
- The Adoption Date: Recognizing the immediate need for a symbol of sovereignty as independence rapidly approached, the Constituent Assembly officially adopted the design of the National Flag of free India on July 22, 1947. This occurred merely weeks before India gained its formal independence from British rule, ensuring that the new nation would have its own sovereign symbol ready to be proudly hoisted at the Red Fort on August 15, 1947.
- Design and Designer: The core design of the Indian tricolor was largely based on the Swaraj flag originally conceptualized in 1921 by Pingali Venkayya, an Indian freedom fighter and agriculturist from Andhra Pradesh. The assembly retained the colors but made a highly significant modification to his original design by replacing the Gandhian spinning wheel (charkha) in the center with the navy blue Ashoka Chakra (the wheel of the law, taken from the Lion Capital of Ashoka at Sarnath), representing the dynamism of a peaceful change.
- Specifications and Rules: The National Flag is a horizontal tricolor of deep saffron (kesari) at the top indicating strength and courage, white in the middle indicating peace and truth, and dark green at the bottom indicating fertility, growth, and auspiciousness of the land, in equal proportion. The ratio of the width of the flag to its length is strictly 2:3. According to the Flag Code of India, it must historically be made of hand-spun and hand-woven wool, cotton, or silk khadi bunting.
π Making of Constitution
Q.15) On August 29, 1947, the Drafting Committee was set up under the chairmanship of:
Ans > Dr. B.R. Ambedkar
- Formation of the Core Committee: The Constituent Assembly appointed a total of 22 major and minor committees to deal with different specialized tasks of constitution-making (like the Union Powers Committee, Provincial Constitution Committee, etc.). However, the most crucial and heavily burdened among them was the Drafting Committee. Set up on August 29, 1947, it was formally entrusted with the monumental task of preparing a cohesive, legally sound draft of the new Constitution by synthesizing the reports submitted by all the other committees.
- The Seven Members: The committee was a compact body consisting of seven highly distinguished legal and political minds representing different ideologies and regions. Led by Dr. B.R. Ambedkar as Chairman, it included N. Gopalaswamy Ayyangar, Alladi Krishnaswamy Ayyar, Dr. K.M. Munshi, Syed Mohammad Saadullah, N. Madhava Rau (who importantly replaced B.L. Mitter who resigned due to ill health), and T.T. Krishnamachari (who replaced D.P. Khaitan who died in 1948).
- Ambedkar’s Monumental Role: Dr. B.R. Ambedkar’s logical, forceful, and persuasive arguments during the assembly debates earned him the well-deserved title of the “Father of the Constitution of India.” He possessed an unparalleled grasp of constitutional law and the socio-economic realities of marginalized communities. Because of his central role in brilliantly piloting the draft constitution through the intensely critical assembly, he is widely recognized globally as the “Chief Architect” or the “Modern Manu” of India.
π Making of Constitution
Q.16) Dr. B.R. Ambedkar introduced the final draft of the Constitution in the Assembly on November 4, 1948. This marked the beginning of the:
Ans > First reading
- The First Reading: The process of finalizing the Constitution was rigorously democratic. The formal introduction of the finalized draft by Dr. B.R. Ambedkar on November 4, 1948, marked the beginning of the “first reading” of the Constitution in the assembly. This phase was characterized by a general, high-level discussion on the broad principles, structure, and framework of the draft, which lasted for five days, concluding on November 9, 1948.
- The Exhaustive Second Reading: The “second reading” (the clause-by-clause consideration) was by far the most grueling and lengthy phase of constitution-making. It commenced on November 15, 1948, and finally ended on October 17, 1949. During this exhaustive stage, the assembly meticulously debated every single article individually. Members aggressively scrutinized the provisions; as many as 7,653 amendments were formally proposed by members, and out of those, exactly 2,473 were actually discussed and voted upon on the floor of the assembly.
- The Final Polish (Third Reading): The “third reading” of the draft began on November 14, 1949. This final stage involved no major substantive alterations to the laws but focused entirely on polishing the language, correcting anomalies, and formally passing the completely drafted document. On November 26, 1949, Dr. Ambedkar finally moved the historic motion “that the Constitution as settled by the Assembly be passed,” which was adopted with loud cheers, marking the completion of the drafting process.
π Making of Constitution
Q.17) The Constitution as adopted on November 26, 1949, contained a Preamble, 8 Schedules, and how many Articles?
Ans > 395 Articles
- The Original Configuration: When the Constitution of India was formally adopted, enacted, and given to themselves by the people in the Constituent Assembly on November 26, 1949, it was one of the most comprehensive, detailed written legal documents in the world. Its original, mammoth configuration consisted of a beautifully drafted Preamble setting out its philosophy, precisely 395 Articles divided systematically into 22 Parts, and 8 Schedules appended at the end to handle lists and specific categorizations.
- Current Expansion Status: The framers made the Constitution a living document, capable of being amended to suit the times. Over the last seven decades, the Constitution has undergone over 100 numerous amendments to adapt to the changing socio-economic and political needs of the nation. Consequently, while the basic numbering remains tied to the original 395 to avoid structural chaos (with new articles added as extensions like 21A, 51A), the document now contains over 470 distinct articles grouped into 25 Parts, along with 12 Schedules.
- The Preamble’s Sequence and Enforcement: It is a deeply fascinating procedural fact that the Preamble, which serves as the philosophical introduction to the document, was formally enacted lastβafter the entire Constitution (including all 395 articles) was already enacted. This specific sequencing was done by the assembly to ensure the Preamble strictly conformed with the finalized provisions of the Constitution. While major parts of the constitution came into force on Jan 26, 1950, some critical provisions relating to citizenship, elections, and provisional parliament came into force immediately on Nov 26, 1949.
π Making of Constitution
Q.18) Which animal was adopted as the symbol (seal) of the Constituent Assembly?
Ans > Elephant
- The Symbol of the Assembly: To authenticate its massive volume of paperwork and give a distinct identity to its historic proceedings, the Constituent Assembly of India officially adopted the elephant (specifically an Indian elephant, Elephas maximus indicus) as its organizational symbol and official seal. This specific seal was heavily used on official documents, internal correspondence, and the various drafts circulating during the intense constitution-making process between 1946 and 1950.
- Significance of the Elephant: The choice of the elephant was highly symbolic and carefully considered by the framers. It represented the sheer gargantuan size, incredible complexity, and immense weight of the constitutional project being undertaken, as they were creating the longest written constitution for one of the most diverse nations on Earth. Just as the elephant is considered strong, deeply rooted in Indian culture, highly intelligent, and enduring, the assembly hoped to create a constitution with identical resilient traits.
- Visual Representation: The actual design of the seal featured an intricately drawn, majestic elephant standing proudly against the backdrop of an outline map of the undivided Indian subcontinent. Notably, because the assembly process began well before the Mountbatten Plan finalized partition, this map included present-day Pakistan and Bangladesh. This visually underscored the assembly’s original mandate to govern the entire historical landmass before political realities forced a division.
π Making of Constitution
Q.19) Who was appointed as the constitutional advisor (Legal advisor) to the Constituent Assembly?
Ans > Sir B.N. Rau
- The Role of the Advisor: Sir Benegal Narsing Rau (B.N. Rau), an eminent jurist, diplomat, and statesman, was officially appointed as the Constitutional Advisor to the Constituent Assembly. In this highly critical capacity, he was responsible for conducting extensive research on international constitutional precedents, traveling to the US, Canada, Ireland, and the UK to consult experts, and advising the assembly on exceedingly complex legal, international, and procedural issues.
- Drafting the First Blueprint: While Dr. Ambedkar piloted the final draft, Sir B.N. Rau is famously credited with preparing the very first initial draft of the Constitution in October 1947. This massive, meticulously researched document served as the foundational bedrock upon which Dr. Ambedkarβs Drafting Committee later built, debated, and refined the final document. His initial draft was remarkably comprehensive, containing 243 articles and 13 schedules.
- Honorary Service and Global Stature: Astoundingly, despite the immense labor required, Sir B.N. Rau refused any remuneration for his monumental work, offering his services to the newly independent nation entirely free of charge as a gesture of patriotism. His legal brilliance was globally recognized and highly respected; shortly after his work on the Indian Constitution, he achieved international acclaim when he became a judge at the Permanent Court of International Justice (the International Court of Justice) in The Hague from 1952 until his death in 1953.
π Making of Constitution
Q.20) Who was the chief draftsman of the constitution in the Constituent Assembly?
Ans > S.N. Mukerjee
- The Unsung Architect: Sailendra Nath Mukerjee (S.N. Mukerjee) served in the highly technical, demanding role as the Chief Draftsman of the Constitution in the Constituent Assembly. While politicians, debaters, and committee chairmen frequently took the public spotlight, Mukerjee was the vital bureaucratic engine working relentlessly behind the scenes to turn lofty political ideals and heated compromises into precise, binding legal realities.
- Translating Ideals to Legalese: His primary, incredibly difficult responsibility was taking the broad, often complex, and politically sensitive decisions reached by the assembly during long debates and drafting them into clear, unambiguous, and airtight legal language. He possessed a rare, highly specialized ability to express complicated political compromises in exact constitutional terminology, ensuring that the laws could withstand future judicial scrutiny without creating legal loopholes.
- Praise from Ambedkar: The magnitude of his contribution was not lost on the leadership. Dr. B.R. Ambedkar openly acknowledged Mukerjee’s indispensable contribution during the final debates in the assembly. Ambedkar explicitly stated on the floor of the house that his own ability to present the draft constitution so clearly and defend it so effectively was largely due to the rigorous, exhaustive, and brilliant legal groundwork prepared tirelessly by S.N. Mukerjee and his staff.
π Making of Constitution
Q.21) Who was the calligrapher of the original English version of the Indian Constitution?
Ans > Prem Behari Narain Raizada
- The Master Calligrapher: Prem Behari Narain Raizada, hailing from a family of renowned calligraphers, was the designated calligrapher for the original, English version of the Indian Constitution. Instead of being typewritten or commercially printed, the founding document of the world’s largest democracy was entirely and painstakingly handwritten by him in a beautiful, flowing, italic style, taking nearly six months to complete in the Constitution Hall.
- The Unique Remuneration: When approached for the task and asked by Prime Minister Jawaharlal Nehru what fee he would charge for this immense and tedious labor, Raizada respectfully declined any monetary payment, stating he had all he needed by the grace of God. His only specific request to the government was the permission to write his own name at the bottom corner of every single page, and both his name and his grandfather’s name on the very last page of the document.
- Illumination and Artistry: While Raizada handled the calligraphy of the text, the exquisite borders, illuminations, and artwork surrounding the text on every page were done by renowned artists from Shantiniketan, vividly depicting different phases of Indian history. This artistic team was led by the legendary Nandalal Bose, with his student Beohar Rammanohar Sinha specifically tasked with illuminating the most important pageβthe famous Preamble. (Note: The Hindi version’s calligraphy was done by Vasant Krishnan Vaidya).
π Union and its Territory
Q.22) Article 1 describes India as a ‘Union of States’. This provision deals with two things: the type of polity and the:
Ans > Name of the country
- Naming the Republic: Article 1 of the Constitution profoundly opens with the declaration, “India, that is Bharat, shall be a Union of States.” This opening statement permanently settled the intense debate within the Constituent Assembly regarding the country’s official name. By adopting this phrasing, it beautifully blended the modern, internationally recognized name “India” with the ancient, culturally rich, and traditional name “Bharat,” satisfying both progressive and traditionalist members.
- Union over Federation: The deliberate choice of the term “Union” instead of “Federation” (despite the constitution clearly having a federal structure with divided powers) was fiercely championed by Dr. B.R. Ambedkar. He explained to the assembly that the Indian Federation was not the result of a voluntary agreement among independent states (unlike the creation of the USA), and therefore, no single state possesses the right to secede from it. The federation is a union because it is indestructible.
- Territorial Categories: According to the classifications laid out in Article 1, the entire territory of India can be classified into three distinct categories: (1) Territories of the states (the primary units like UP, Tamil Nadu), (2) Union territories (directly administered by the center like Delhi, Lakshadweep), and (3) Territories that may be acquired by the Government of India at any time in the future under international law (such as how Puducherry, Goa, or Sikkim were managed before full integration).
π Union and its Territory
Q.23) Under Article 2 of the Constitution, the Parliament is empowered to:
Ans > Admit into the Union of India, or establish, new states
- External Expansion Powers: Article 2 vests the Indian Parliament with the absolute, sovereign power to admit into the Union of India, or establish, new states on such terms and conditions as it thinks fit. Crucially, this article relates strictly to the admission or establishment of completely new states that are not already a part of the Union of India. It deals with external boundaries and foreign acquisitions.
- The Sikkim Precedent: The most famous, complex, and significant application of Article 2 occurred with the integration of Sikkim. Initially an independent protectorate ruled by the Chogyal, Sikkim was first made a unique “associate state” of the Indian Union via the 35th Amendment Act (1974), which inserted a special Article 2A. However, following a referendum, it was eventually admitted as a full, regular state of the Indian Union via the 36th Amendment Act (1975), which repealed Article 2A and added Sikkim to the First Schedule.
- Distinction from Article 3: It is highly important for students of polity and constitutional law to distinguish the scope of Article 2 from Article 3. While Article 2 deals exclusively with expanding the external boundaries of the country (bringing entirely new, foreign territories into the Union), Article 3 deals solely with internal readjustments (reorganizing the borders, names, and areas of states that are already within the existing Indian Union).
π Union and its Territory
Q.24) The power of Parliament to form new states or alter the boundaries of existing states is granted under:
Ans > Article 3
- Internal Readjustment Mechanism: Article 3 is the constitutional engine for internal reorganization. It empowers the Parliament to authorize the formation of a new state by separating territory from any existing state, uniting two or more states, or uniting any territory to a part of any state. Furthermore, it gives Parliament the power to increase the area of any state, diminish the area of any state, alter the boundaries of any state, and alter the name of any state, essentially allowing the central government to redraw the internal political map of India at will.
- Conditions for State Reorganization: The constitution places two strict procedural conditions to invoke Article 3 and prevent arbitrary central action: first, a bill contemplating such changes can be introduced in either house of Parliament only with the prior recommendation of the President. Second, before recommending the bill, the President must refer it to the concerned state legislature for expressing its views within a specified period, giving the state a chance to voice its opinion on its own dismemberment.
- An Indestructible Union of Destructible States: The ultimate power, however, remains with the center. The views of the state legislature regarding the alteration of its boundaries are not legally binding on the President or the Parliament; Parliament can simply reject them. Furthermore, such massive territorial changes require only a simple majority in Parliament (not a special constitutional amendment under Article 368). Thus, because states have no guarantee of territorial integrity, India is accurately described by constitutional scholars as an “indestructible union of destructible states.”
π Union and its Territory
Q.25) The JVP Committee, appointed in December 1948, formally rejected what as the basis for the reorganisation of states?
Ans > Language
- Formation of the High-Powered Panel: Following the independence of India, there was a massive clamor, especially from South India, for the reorganization of states on linguistic lines. The government first appointed the S.K. Dhar Commission, which recommended administrative convenience over language. Following widespread public dissatisfaction with the Dhar report, the Indian National Congress appointed the JVP Committee in December 1948 to study the issue again. It was an exceptionally high-profile panel consisting of the top national leadership: Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya.
- Rejection of the Linguistic Principle: After carefully assessing the volatile post-partition environment, the JVP Committee submitted its report in April 1949. It formally, categorically, and unanimously rejected “language” as the primary basis for the reorganization of states. The committee concluded that prioritizing linguistic identities might lead to further balkanization of the country, deciding that the immediate security, unity, and economic stability of the newly born, traumatized nation must take absolute precedence over regional linguistic demands.
- The Andhra Exception: Despite their firm recommendation against linguistic states, the democratic reality proved too strong. Massive, violent public protests erupted in the Telugu-speaking areas of the Madras presidency, culminating in the fatal 56-day hunger strike by freedom fighter Potti Sriramulu. His death forced the central government’s hand. In October 1953, the government had to concede and create the first linguistic state, Andhra state, by separating the Telugu-speaking areas from the Madras state, opening the floodgates for similar demands nationwide.
π Union and its Territory
Q.26) The Fazl Ali Commission (States Reorganisation Commission) submitted its report in which month and year?
Ans > September 1955
- Commission Appointment: Following the forced, hasty creation of Andhra State in 1953, immense political pressure mounted from other linguistic groups across the country demanding their own states. Realizing the issue could no longer be ignored, in December 1953, the Government of India was compelled to appoint a three-member States Reorganisation Commission (SRC). Chaired by former Supreme Court judge Fazl Ali, and including K.M. Panikkar and H.N. Kunzru as members, the commission was tasked to deeply and objectively examine the entire complex question of redrawing state boundaries across India.
- Report Submission and Linguistic Acceptance: The commission conducted exhaustive nationwide consultations, evaluated historical ties, administrative viability, and linguistic homogeneity, and finally submitted its landmark report in September 1955. In a major departure from the JVP committee, it broadly accepted language as the basis of reorganization. However, it strictly rejected the dangerous, exclusionary theory of “one language-one state,” emphasizing that the preservation of national unity must remain the primary consideration over pure linguistic homogeneity.
- Legislative Outcome: The Fazl Ali Commission’s recommendations formed the bedrock of India’s internal political map. The government accepted the report with minor modifications, leading directly to the enactment of the massive States Reorganisation Act of 1956 and the 7th Constitutional Amendment Act (1956). This completely abolished the old, confusing classification of Part A, B, C, and D states inherited from the colonial era, leading to the streamlined creation of 14 new linguistically organized states and 6 Union Territories on November 1, 1956.
π Union and its Territory
Q.27) The Bombay Reorganisation Act of 1960 established which state as the 15th state of the Indian Union?
Ans > Gujarat
- Failure of the Bilingual State: Despite the States Reorganisation Act of 1956 attempting to settle boundary disputes across the nation, it deliberately kept the massive state of Bombay as a bilingual entity. This proved to be a grave political miscalculation. The state housed two distinct, politically aware linguistic groups: Marathi-speaking people primarily in the south and east, and Gujarati-speaking people primarily in the north and west. Both groups felt marginalized in a combined state and desired linguistic autonomy.
- Agitations and Bifurcation: The decision sparked sustained, massive, and often violent popular agitations. The Samyukta Maharashtra Movement (spearheaded by leaders demanding a separate Marathi state with Bombay city as its capital) and the Mahagujarat Movement (demanding a separate Gujarati state) clashed fiercely. The intense political pressure eventually forced the central government to abandon the bilingual experiment. Through the Bombay Reorganisation Act of 1960, the bilingual state was officially bifurcated.
- The 15th State: Under the reorganization, the Marathi-speaking areas were retained to form the modern state of Maharashtra, which successfully fought to keep the lucrative, cosmopolitan city of Bombay (Mumbai) as its capital. The Gujarati-speaking areas were carved out to officially establish Gujarat, which formally became the 15th state of the Indian Union, setting up its new capital eventually at Gandhinagar. This event firmly established language as the dominant criteria for statehood in India.
π Union and its Territory
Q.28) The State of Nagaland Act, 1962, formed the new State of Nagaland by taking out the Naga Hills and Tuensang area from the state of:
Ans > Assam
- Origins of the New State: The creation of Nagaland was not driven by linguistic demands like Gujarat or Andhra, but was a direct political and military response to the fierce and sustained hostility of the Naga tribal insurgency. Speared by leaders like A.Z. Phizo and the Naga National Council (NNC), the movement demanded complete sovereignty. To satisfy moderate factions, grant local autonomy, and restore peace to the strategic northeastern frontier, the State of Nagaland Act of 1962 was passed by Parliament.
- Territorial Carve-Out: The new state was geographically carved out entirely from the massive, undivided state of Assam. Specifically, the Act merged the Naga Hills district of Assam with the Tuensang Frontier division (which was previously administered as part of the North-East Frontier Agency or NEFA) to form the unified, distinct territorial boundaries of the new tribal state, separating it entirely from Assamese administration.
- Special Provisions and Status: Nagaland officially became the 16th state of the Indian Union in 1963. To protect the highly unique social and religious practices of the fiercely independent Naga tribes, the 13th Amendment Act of 1962 inserted a special provision (Article 371A) into the Constitution. This article grants Nagaland significant, unprecedented internal autonomy, strictly protecting Naga customary laws, social practices, and restricting the transfer of land ownership to non-Nagas without the consent of the state legislative assembly.
π Union and its Territory
Q.29) In 1966, the Punjab Reorganisation Act bifurcated the State of Punjab to create the State of Haryana and the union territory of:
Ans > Chandigarh
- The Punjabi Suba Movement: Similar to the Bombay bilingual failure, the reorganization of Punjab was driven by a powerful, sustained demand for a separate ‘Punjabi Suba’ (a Punjabi-speaking state). This intense political movement was led predominantly by the Sikh political party, the Akali Dal, under the fierce leadership of figures like Master Tara Singh and later, Sant Fateh Singh, who argued that Punjabi speakers were being marginalized in the larger bilingual state.
- The Shah Commission: In response to these growing agitations and the threat of fasts-unto-death, the central government appointed the Shah Commission (headed by Justice J.C. Shah) in 1966 to evaluate the linguistic and demographic boundaries of the region. Acting strictly on the recommendations of this boundary commission, Parliament passed the Punjab Reorganisation Act of 1966, systematically bifurcating the state along linguistic and cultural lines.
- Creation of Haryana and Chandigarh: The reorganization resulted in the Punjabi-speaking areas being retained as the Sikh-majority state of Punjab. Simultaneously, the Hindi-speaking areas of the south and east were aggressively carved out to form Haryana, making it the 17th state of the Indian Union. Additionally, the hilly areas adjacent to Punjab were merged with the adjoining Union Territory of Himachal Pradesh. The fiercely contested, modern, and highly developed city of Chandigarh was made a Union Territory and designated as the shared capital for both the newly formed states of Punjab and Haryana.
π Union and its Territory
Q.30) Which Act elevated the Union Territory of Mizoram to the status of a state (the 23rd state) following the Mizoram Peace Accord in 1986?
Ans > State of Mizoram Act, 1986
- The Peace Accord Context: Mizoram’s journey from a district of Assam, to a Union Territory (in 1972), to full statehood was the direct result of a historic, highly successful political settlement. In 1986, the famous Mizoram Peace Accord was signed between the Rajiv Gandhi-led Central Government and the Mizo National Front (MNF), led by the former rebel leader Laldenga. This accord successfully ended two decades of violent, debilitating insurgency in the region, bringing the rebels into the democratic mainstream.
- The Statehood Act vs. The Amendment: It is highly crucial for exam purposes to distinguish the two distinct legal mechanisms used here. The 53rd Amendment Act of 1986 amended the Constitution to insert Article 371G, which provided special, rigid protections for Mizo customary laws, social practices, and land rights (similar to Nagaland). However, it was the State of Mizoram Act, 1986 (an ordinary legislative act under Article 3) that formally redrew the map and elevated Mizoram from the administrative status of a Union Territory to a full-fledged state.
- The 23rd State of the Union: On February 20, 1987, the State of Mizoram Act officially came into force, and Laldenga became the Chief Minister. Mizoram was proudly inaugurated as the 23rd state of the Indian Union. This transition remains one of the most successful and enduring conflict resolution models in the history of independent India’s turbulent northeast, ensuring lasting peace and democratic participation in the region.
π Quick Summary β Polity Set 45
- Regulating Act 1773: Established a Supreme Court at Calcutta with one Chief Justice and 3 other judges.
- Amending Act 1781: Exempted company servants from Supreme Court jurisdiction for official acts.
- Charter Act 1833: Centralized power by making the Governor-General of Bengal the Governor-General of India.
- Charter Act 1853: Set up a mini-Parliament modeling British Parliament procedures for the first time.
- Indian Councils Act 1861: Restored legislative powers to Bombay and Madras, initiating decentralization.
- Indian Councils Act 1892: Gave legislative councils the power to discuss the annual budget.
- Morley-Minto Reforms (1909): Allowed provincial legislative councils to have a non-official majority.
- Govt of India Act 1919: Introduced dyarchy in provinces (reserved and transferred subjects).
- Govt of India Act 1935: Introduced bicameralism in 6 provinces (Bengal, Bombay, Madras, Bihar, Assam, UP); excluded Punjab.
- Independence Act 1947: Abolished Secretary of State for India; functions went to Commonwealth Affairs.
- Cabinet Mission Plan: Originally fixed the Constituent Assembly total strength at 389 members.
- Constituent Assembly First Meeting: Only 211 members attended due to the Muslim League boycott (Dec 9, 1946).
- Objectives Resolution: Moved by Nehru, unanimously adopted by the Assembly on January 22, 1947.
- National Flag: The Constituent Assembly adopted the national flag design on July 22, 1947.
- Drafting Committee: Formed on August 29, 1947, chaired by Dr. B.R. Ambedkar with 7 members.
- Constitution First Reading: Began when Ambedkar introduced the final draft on November 4, 1948.
- Original Constitution: When adopted in 1949, it contained a Preamble, 395 Articles, and 8 Schedules.
- Assembly Symbol: An Elephant was adopted as the official seal/symbol of the Constituent Assembly.
- Constitutional Advisor: Sir B.N. Rau served as the legal advisor to the Constituent Assembly.
- Chief Draftsman: S.N. Mukerjee was the primary engine turning political compromises into legal terminology.
- Calligrapher: Prem Behari Narain Raizada handwrote the original English version in flowing italic style.
- Article 1: Declares India as a ‘Union of States’, dealing with the country’s name and polity type.
- Article 2: Empowers Parliament to admit or establish entirely new states into the Union.
- Article 3: Empowers Parliament to form new states or alter boundaries of existing ones.
- JVP Committee (1948): Categorically rejected language as a basis for reorganizing states.
- Fazl Ali Commission: Submitted its report in September 1955, broadly accepting linguistic states.
- Bombay Reorganisation (1960): Bifurcated the bilingual state, making Gujarat the 15th state.
- State of Nagaland (1962): Carved Nagaland out of Assam’s Naga Hills and Tuensang areas.
- Punjab Reorganisation (1966): Created Haryana (17th state) and the UT of Chandigarh.
- Mizoram Statehood: The State of Mizoram Act, 1986 elevated it to the 23rd state of India.
Timer β³
20:00
Progress (0/30)
Click any card to flip and reveal the summarized answer!
Smart Review: Questions you got wrong appear here for focused study.