Module 28. Constitutional History of India

The constitutional history of India represents a progressive journey of political, legal, and administrative evolution that culminated in the formation of the Constitution of independent India in 1950. This development was marked by the gradual transfer of power from British colonial rule to the Indian people, shaped by a series of legislative enactments, reform movements, and socio-political struggles.

Early Colonial Framework

The constitutional framework in India under British rule began with the Regulating Act of 1773, which was the first step by the British Parliament to control the East India Company’s administration. It created the post of Governor-General of Bengal, introduced a council of four members, and established the Supreme Court at Calcutta in 1774.
Subsequent acts such as the Pitt’s India Act of 1784 and the Charter Acts (of 1793, 1813, 1833, and 1853) gradually expanded British government control and introduced the idea of administrative centralisation. The Charter Act of 1833 made the Governor-General of Bengal the Governor-General of India and attempted to create a uniform legislative system. The Charter Act of 1853 introduced an open competition system for recruitment to the civil services, marking the beginning of merit-based appointments.
The Government of India Act 1858 followed the Revolt of 1857, leading to the transfer of power from the East India Company to the British Crown. The office of the Secretary of State for India was established, assisted by a council in London, making the British Parliament directly responsible for Indian administration.

Constitutional Developments under British Rule

The late 19th and early 20th centuries witnessed increasing Indian participation in governance. The Indian Councils Act of 1861 reintroduced legislative councils and allowed the inclusion of Indians as non-official members. The Indian Councils Act of 1892 further expanded legislative councils and introduced indirect elections, albeit with limited power.
The Indian Councils Act of 1909, also known as the Morley–Minto Reforms, marked a significant step towards representative government. It introduced the principle of communal representation, allowing Muslims to elect their own representatives for the first time. Although the reform expanded legislative councils, it retained the official majority and limited Indian influence in decision-making.
The Government of India Act of 1919, also called the Montagu–Chelmsford Reforms, represented another constitutional advance. It introduced the system of dyarchy in the provinces, dividing subjects into “transferred” (administered by Indian ministers) and “reserved” (administered by the Governor and his executive council). The Act also established a bicameral legislature at the centre, with the Council of State and Legislative Assembly, and extended limited franchise rights to Indian citizens.

Towards Responsible Government

The post–First World War era saw increasing demands for self-government led by the Indian National Congress and other political groups. The Simon Commission (1927), appointed to review the working of the 1919 Act, faced widespread protests for having no Indian members. Its recommendations led to the Round Table Conferences (1930–32) and the formulation of the Government of India Act 1935.
The Government of India Act 1935 became the most comprehensive constitutional document of British India. Its main provisions included:

• Establishment of provincial autonomy, replacing dyarchy with responsible government in the provinces.
• Creation of an All-India Federation, including both British Indian provinces and princely states (though this federation never materialised).
• A bicameral federal legislature, consisting of the Council of States and the Federal Assembly.
• Introduction of a Federal Court to adjudicate disputes between the Centre and provinces.

Although it stopped short of granting dominion status, the Act became the primary source from which the Constitution of independent India later borrowed its administrative and federal principles.

The Cripps Mission and Interim Arrangements

During the Second World War, the British government attempted to secure Indian cooperation through the Cripps Mission (1942), which proposed dominion status and the right of provinces to secede. The Indian leaders rejected the proposal, demanding immediate independence. The Quit India Movement that followed marked a turning point in the nationalist struggle.
After the war, the Cabinet Mission Plan of 1946 proposed a three-tier federal structure, but its failure led to the decision to partition British India. The Indian Independence Act of 1947 was passed by the British Parliament, granting independence to India and Pakistan. It provided for the Constituent Assembly of India to draft a constitution for the new dominion.

The Constituent Assembly and the Making of the Constitution

The Constituent Assembly of India first met on 9 December 1946, presided over initially by Dr Sachchidananda Sinha as interim chairman, and later by Dr Rajendra Prasad as the permanent president. The Drafting Committee, chaired by Dr B. R. Ambedkar, was appointed on 29 August 1947 to prepare a draft constitution.
The Assembly derived its authority from the people of India, not from any external power, symbolising the transition from colonial subordination to sovereignty. The draft Constitution was published in February 1948, debated in detail over nearly three years, and adopted on 26 November 1949. It came into effect on 26 January 1950, a date chosen to commemorate the Purna Swaraj declaration of 1930.

Features and Legacy

The Constitution of India, which came into force in 1950, incorporated the experiences and lessons from the country’s constitutional past. Its features reflected a synthesis of British parliamentary traditions, American federalism, and indigenous democratic ideals. Key elements influenced by earlier laws include:

• Federal structure with unitary bias, inspired by the 1935 Act.
• Parliamentary system modelled on the British pattern.
• Fundamental Rights and Directive Principles of State Policy, representing aspirations for social justice and equality.
• Independent judiciary with powers of judicial review.

The constitutional development in India thus evolved from colonial legislation to a democratic framework rooted in popular sovereignty.

Historical Significance

The constitutional history of India holds enduring significance in understanding the transformation of the Indian polity. It reveals a gradual but determined progression from imperial control to self-governance, culminating in one of the most comprehensive written constitutions in the world. Each legislative reform—from the Regulating Act of 1773 to the Government of India Act of 1935—contributed to the constitutional fabric of the Republic.