India is a Union of States which is Sovereign Socialist Secular Democratic Republic with a parliamentary system of Government. The Constitution distributes the legislative power between Parliament and State Legislatures.
Constitution is the fundamental law of a country which establish the fundamental principles on which the government of that country is based. The constitution lays down the framework and principal functions of various organs of the government as well as the method of interaction between the government and its citizens. The Constitution of India was adopted by the Constituent Assembly on 26 November 1949, but it came into full operation from 26 January 1950.
Evolution of Indian Constitution
Here evolution of Indian Constitution has been divided into two parts, one part includes all the important acts before 1900 and another part includes acts and reforms after 1900 till independence.
To read the first part click here: Evolution of Indian Constitution - 1
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Though the systems of Ancient India have its reflections in the Constitution of India. A brief and chronological order of the Acts, documents and events that culminated in the framing of the world's largest written Constitution are as follows:
10. Morley-Minto Reforms and the Indian Councils Act, 1909
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- The reforms under this were given by then Secretary of States for India (Lord Morley) and the Viceroy (Lord Minto) and were implemented by the Indian Councils Act, 1909.
- The maximum number of additional members of the Indian Legislative Council was raised from 16 to 60. An element of election was also introduced in the Legislative Council at the centre also but here the officialy majority was maintained.
- For the first time, it provided separate representation of the Muslim community and thus sowed the seeds of separatism.
11. The Government of India Act, 1915
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- This act was passed to consolidate the provisions of the preceding Government of India Acts.
- This act was to provide special measures to secure the public safety and the defence of British India and for the speedy trial of certain offences.
12. Montagu-Chelmsford Report and the Government of India Act, 1919
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- There were so many proposals were formulated by the then Secretary of State for India Mr. E S Montagu and the Governor General Lord Chelmsford formulated for the Government of India Act, 1919.
- The subjects of administration were to be divided into two categories Central and Provincial. Central subjects were exclusively kept under the control of the Central Government and the Provincial subjects were administered by the Governor.
- The Provincial budget was separated from the central budget. The Indian Legislature was made more representative and for the first time 'Bi-Cameral'. The Upper House was named Council of State that composed of 60 members of whom 34 were elected. The Lower House was named the Legislative Assembly that composed of about 144 members of whom 104 were elected.
13. Simon Commission
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- This commission was headed by Sir John Simon, which was constituted in 1927 to inquire into the working of the Government of India Act, 1919 and placed its report in 1930
14. The Government of India Act, 1935
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- This Act of 1935 prescribed a federation, taking the Provinces and the Indian States (native states) as units.
- The Act divided the legislative powers between the Centre and Provinces. The executive authority of the Centre was vested in the Governor General on behalf of the crown, while the executive authority of a Province was exercised by a Governor on behalf of the crown.
- The Central Legislature was bi-cameral, consisting of the Federal Assembly and the Council of State. In six provinces, the legislature was bi-cameral, comprising a Legislative Assembly and a Legislative Council. In other provinces, the Legislature was unicameral.
- The Governor had independent powers of legislation, on some subjects no bill or amendment could be introduced in the Legislature without the Governor General's previous approval.
- The Governor General was empowered to authorise either the Federal or the Provincial Legislature to enact a law with respect to any matter.
15. Cripps Mission
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- In March 1942, Sir Stafford Cripps, a member of the British cabinet came with a draft declaration on the proposals of the British Government that were to be adopted at the end of Second World War provided the Congress and Muslim could Accept them.
- Few important points of the proposal are:
1. The Constitution of India was to be framed by an elected Constituent Assembly by the Indian People.
2. The Constitution should give India Dominion Status.
3. There should be one Indian Union comprising all the Provinces and Indian States.
16. Cabinet Mission Plan
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- In March 1946, Lord Attle sent a Cabinet Mission of three Cabinet Ministers, namely Lord Pethick Lawrence, Sir Stafford Cripps and Mr. A V Alexander with the objective to help India achieve its Independence as early as possible and to set up a Constituent Assembly.
- The Cabinet Mission rejected the claim for a separate Constituent Assembly and a separate State for the Muslim.
- According to Cabinet Mission Plan there was to be a Union of India, comprising both British India and the States and having jurisdiction over the subjects of Foreign Affairs, Defence and Communication.
- The Union was to have an Executive and a Legislature consisting of representatives of the Provinces and the States. Also, the provinces could form groups with executives and legislatures and each group could be competent to determine the provincial subjects.
17. The Mountbatten Plan
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- The Plan for transfer of power to the Indians and partition of the country was laid down in the Mountbatten Plan.
- It was given a formal shape by a statement made by the British Government on 3rd June, 1947.
18. The Independence Act, 1947 of the British Parliament
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- For the Indian Independence Act, 1947, the Government of India Act, 1935 was amended by the Adaptation Orders, both in India and Pakistan, for setting up an interim Constituent Assembly to draw up the future Constitution of the Country.
- From the 15th August 1947 India ceased to be a Dependency, and the dynasty of the British Crown over the Indian States and the treaty relations with Tribal Areas lapsed from that date.
- The Governor-General and the Governors lost extraordinary powers of legislations. The Central Legislature of India, composed of the Legislative Assembly and the Council of States, ceased to exist on August 1947.
- The Constituent Assembly itself was to function also as the Central Legislature with complete sovereignty.
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