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British Constitutional Reforms and the Path to Independence

1. Key British Parliamentary Acts & Their Provisions

Charter Acts

Charter Act of 1813
- Abolished the East India Company’s monopoly over trade in India.
- The Company retained its monopoly over trade with China and the tea trade.
- Permitted English missionaries to work in India.
Charter Act of 1833
- For the first time, made it possible for Indians to be admitted to administrative posts.
- Stated that no Indian or natural-born subject of the Crown could be barred from any office based on religion, place of birth, descent, or colour.
- Appointed a Law Member to the Governor-General’s Council.

Early Regulatory Acts

Regulating Act of 1773
- Provision was made for the establishment of the Supreme Court at Fort William, Calcutta.
- Sir Elijah Impey was the first Chief Justice of this Supreme Court.
Pitt’s India Act of 1784
- Established a Board of Control to manage the Company’s political affairs.
Indian Council Act of 1892
- Gave the Legislative Councils the power to discuss the budget and ask questions to the government.
Indian Council Act of 1909 (Morley-Minto Reforms)
- Introduced a separate electorate system for Muslims.
- This is seen as the beginning of communalism that led to partition.

2. Introduction and Evolution of Dyarchy

Meaning: The principle of ‘Dyarchy’ (from Greek ‘di-arche’ meaning double rule) refers to the division of subjects delegated to the provinces into two categories: ‘Reserved’ and ‘Transferred’.
Government of India Act, 1919
- Introduced Dyarchy at the provincial level.
- Involved the devolution of legislative authority from the center to the provinces.
- Continued the system of separate electorates and extended it to Sikhs, Europeans, Indian-Christians, and Anglo-Indians.
Government of India Act, 1935
- Abolished Dyarchy in the provinces.
- Introduced Dyarchy at the Central level (though this never fully materialized).
- Introduced the ‘Principle of Constitutional Autocracy’, where Governors and the Governor-General exercised executive power on behalf of the Crown.

3. Evolution of the Legislature & Executive

Structural Changes

Government of India Act, 1919
- Made the Indian Legislature bicameral for the first time.
- The two houses were the Council of State (Upper House) and the Legislative Assembly (Lower House).
Government of India Act, 1935
- Proposed the establishment of an All India Federation comprising British Indian provinces and Princely States (this never came into effect).
- The power of the Indian President to issue ordinances (Article 123) is a relic borrowed from the Viceroy’s powers under this Act.

Voting Rights

Government of India Act, 1919
- Did not grant universal voting rights to women.
- Allowed Provincial Councils to grant limited voting rights to women based on property, income, or educational qualifications.
Government of India Act, 1935
- Provided for separate electorates and reserved seats for women, scheduled castes, and labourers.

4. Establishment of the Judiciary

Supreme Court (Calcutta)
- Established by the Regulating Act, 1773.
- Its first Chief Justice was Sir Elijah Impey.
Federal Court
- Established by the Government of India Act, 1935.
- Inaugurated on October 1, 1937.
- Its first Chief Justice was Sir Maurice Gwyer.

5. Indian Civil Services

The Government of India Act, 1919 provided for a separate examination for the Indian Civil Service to be held in India (in Allahabad and Delhi).
By 1941, the percentage of Indians in the Indian Civil Service was higher than that of Europeans.

6. Government of India Act, 1935: A Comprehensive Look

Introduction of Systems
- Introduced a Federal System for India.
- Introduced Diarchy (dual governance) at the Centre.
- Planned for an All-India Federation comprising British India and Princely States (this part was never implemented).
Distribution of Powers
- Divided powers between the Central and Provincial Governments.
- Residuary powers were vested with the Governor-General/Viceroy.
Constitutional Significance & Impact
- It is a major source of the Indian Constitution, providing the framework for its federal structure and division of powers.
- Marked the beginning of Provincial Autonomy.
- Abolished Diarchy at the Provincial level.
- Separated Burma from India (effective April 1937).
- Abolished the Council of the Secretary of State for India.
- Led to the establishment of the Central Federal Bank, which later became the Reserve Bank of India (RBI).
- Did not provide for a written constitution for the country.
Elections
- Elections were held in 11 provinces in 1936-37 under this Act.
- The Indian National Congress formed governments in 8 of these provinces.

7. The Constituent Assembly

Origin & Formation

The idea was first proposed by M.N. Roy in 1934 and later by the Swaraj Party.
The proposal for a Constituent Assembly elected by Indians was made by the Cripps Mission in 1942.
It was established under the Cabinet Mission Plan of 1946.
It was formed by indirect elections from the Provincial Legislative Assemblies, not by adult suffrage or direct elections.

Composition

It was a multi-party body (including Congress, Muslim League, independents).
Seats were allotted to provinces based on one representative for roughly every 10 lakh people.
Minority communities (Christians, Anglo-Indians, Parsis) were adequately represented.
Had 15 women members (e.g., Sarojini Naidu, Vijaya Lakshmi Pandit, Durgabai Deshmukh).
Dominated by the Indian National Congress.

Key Dates & Sessions

First Meeting: December 9, 1946.
Objective Resolution: Presented by Jawaharlal Nehru on December 13, 1946, and adopted on January 22, 1947. This became the basis of the Preamble.
Time Taken: 2 years, 11 months, and 18 days to frame the Constitution.
Number of Sessions: 12 sessions.

Leadership

First Interim Chairman: Dr. Sachchidanand Sinha.
Permanent President/Chairman: Dr. Rajendra Prasad (elected December 11, 1946).
First Vice-President: H.C. Mukherjee.
Constitutional Advisor: Sir Benegal Narsing Rau (B.N. Rau).

Key Committees

The Assembly worked through several committees (8 major, several minor).
Drafting Committee:
- Chairman: Dr. B.R. Ambedkar.
- Formed on August 29, 1947.
- Members: N. Gopalaswami Ayyangar, Alladi Krishnaswamy Ayyar, K.M. Munshi, Syed Mohammad Saadullah, B.L. Mitter (replaced by N. Madhava Rau), D.P. Khaitan (replaced by T.T. Krishnamachari).
- Jawaharlal Nehru and Sardar Patel were not members.
Other Major Committees:
- Union Constitution Committee: Chairman – Jawaharlal Nehru.
- Provincial Constitution Committee: Chairman – Sardar Vallabhbhai Patel.
- Advisory Committee on Fundamental Rights, etc.: Chairman – Sardar Vallabhbhai Patel.
- States Committee: Chairman – Jawaharlal Nehru.
- Steering Committee: Chairman – Dr. Rajendra Prasad.
- Fundamental Rights Sub-Committee: Chairman – J.B. Kripalani.
- National Flag Committee (Ad-hoc): Chairman – Dr. Rajendra Prasad.

The Drafting Process & Adoption

First Draft: Prepared by Constitutional Advisor B.N. Rau (contained 243 Articles and 13 Schedules).
Final Reading: Began on November 17, 1949.
Date of Adoption/Enactment: November 26, 1949.
Date of Signing: January 24, 1950.
Date of Commencement: January 26, 1950 (chosen to honour the 1930 “Purna Swaraj” declaration).

Key Individuals

Dr. B.R. Ambedkar: Chairman of the Drafting Committee. Initially elected from East Bengal, later from Bombay Presidency.
J.B. Kripalani: President of the Indian National Congress at the time of partition (1947).
Maulana Azad: Advocated for a 15-year deferment of the adult franchise.

8. Interim Government (1946)

Formed in September 1946 as per the Cabinet Mission’s announcement.
The Viceroy was the President of the Executive Council.
Jawaharlal Nehru was the Vice-President of the Executive Council.
Members included C. Rajagopalachari, Dr. Rajendra Prasad, and Jagjivan Ram.
Dr. S. Radhakrishnan was not a member.

9. Other Important Plans, Missions, and Events

Wavell Plan (1945): Proposed an Executive Council with an equal number of Hindu and Muslim members. Its objective was to break the constitutional deadlock, not to avoid partition.
Cabinet Mission (1946): Members were Sir Pethick Lawrence, Sir Stafford Cripps, and A.V. Alexander. William Wood was not a member.
Ilbert Bill (1883): Proposed by Viceroy Lord Ripon. Its objective was to allow Indian judges to try British offenders in courts.

10. National Symbols

National Flag:
- Adopted by the Constituent Assembly on July 22, 1947.
- The Ashoka Chakra has 24 spokes.
- The ratio of the flag’s width to its length is 2:3.
National Anthem:
- ‘Jana Gana Mana’ was adopted as the National Anthem on January 24, 1950.
- The full version takes approximately 52 seconds to sing.
State Emblem:
- Adopted by the Government of India on January 26, 1950 (adapted from the Ashoka Pillar at Sarnath).

11. Historical Context, Perspectives & Nature of the Indian State

Historical Perspectives:
- Sir Charles Metcalfe described India’s traditional village systems as “tiny Republics”.
- Granville Austin remarked, “The Constituent Assembly was Congress and Congress was India.”
Nature of the Constitution & State:
- The Indian Constitution is described as ‘Adopted’ as it borrowed features from other constitutions.
- Constitutional expert K.C. Wheare classified India as a ‘Quasi-Federal’ state.
- Sir Ivor Jennings noted that the founding fathers tended to minimize the importance of minority interests.
- India is democratic because of its structure of governance, not merely because it has a written constitution.
Post-Independence Context:
- Mahatma Gandhi advised that the Indian National Congress should be disbanded after independence.
- Prime Minister Jawaharlal Nehru described India’s membership in the Commonwealth as “an agreement by free will to be terminated by free will.”
- The Government of India Act, 1935, was based on discussions from the Third Round Table Conference.

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