MAKING OF THE INDIAN CONSTITUTION WHA WE DERIVED FROM THE COLONISERS BY SWETA CHOWDHURY
AN IMPROVISATION . The Indian Constitution- not the result of a radical Constructive debates, deliberations and a political change thorough research by the notable representatives of the Indians of the political developments already in place Improve the existing system of administration and ensure compatibility with the Indian set-up
BRITISH DEVELOPMENTS . 1773-1853 Regulating Act-1773: British Parliament to regulate the activities of the East India Company and a reorganization of the government in Calcutta. It also established a Supreme Court in Calcutta Charter Acts 1813-1853: weakening of the stronghold of the East India Company and making the system of selection with regard to state services and Indian Civil Services less partial
THE MAGNA CARTA . Deathblow to the East India Company- Revolt of 1857 .Government of India Act 1858- abolition of the Board of Control and Court of Directors- establishment of the office of the Secretary of State along with a Council of India-15 members Minister of the British Cabinet . Queen's Proclamation- moral obligation of the Crown in the fulfillment of the promises made to the Indians through treaties dignified and impartial treatment- promotion of trade, industry and public utility goods- no further conquest of Indian territory- non interference in religious affairs pro-Indian Viceroy- representative of the Crown .
COUNCILS ACTS Indian Councils Act-1861: Establishment of Legislative Councils at the Centre and the Presidencies and Provinces- enlargement of Council of the Governor-General -right to engage in a discussion of the budget and ask questions . Indian Councils Act- 1909: Morley-Minto representative and popular Reforms- introduction of a essence- elected non-official members in the Provincial Legislative Councils; "positive vice"- introduction of separate electorates for the Muslims
MONTAGU-CHELMSFORD REPORT The Government of India Act 1919: Introduction of dyarchy in the Provinces- Central and Provincial subjects- Devolution Rules 'trasferred' and 'reserved' subjects Indian Legislature-representative-bi-cameral- Upper House (Council of State-60 members, 34 elected) and Lower House (Legislative Assembly-144 members, 104 elected) British Policy: "Increasing association of Indians..."
SIMON COMMISSION AND THE CONSEQUENT DEVELOPMENTS Simon Commission 1927-Statutory Commission- aim to announce DOMINION STATUS to Indians as the goal- White Paper GOVERNMENT OF INDIA ACT 1935 Federation and provincial autonomy-actual division of powers between the Central and Provincial Legialatures Dvarchy at the Centre-Governor-General's functions d vided into two groups-i) defence, external affairs and so on- advice of the 'counsellors' ii) other than the reserved subjects- advice of the 'Council of Ministers'
Government of India Act 1935 Bi-cameral Central Legislature-Federal Assembly and Council of State (6 Provinces) Three lists-1) Federal (external affairs, currency and coinage, naval, military, air forces) ii) Provincial (police, provincial public service, education) iii) Concurrent (criminal law, civil procedure, marriage and divorce, arbitration)
INDIAN INDEPENDENCE ACT 1947 M.K. Gandhi- "Swaraj...will be a declaration of India's full self expression...a courteous ratification of the declared wish of the people of India"- need for an elected Constituent Assembly to frame the Indian Constitution Amendment of the 1935 Act by the Adaptation Orders: (i) the sovereignty and responsibility of the British Parliament was abolished- India was no longer a dependency from the "appointed day"
INDIAN INDEPENDENCE ACT 1947 (ii) The source of authority was shifted from the Crown to the two Dominions of India and Pakistan- constituent assembly was to function as Central Legislature- dual function (iii) Constitutional status to the Governor-General and Provincial Governors- no overwhelming powers of legislation
Xaverian and Presidencian possessing B.A. and M.A. in Political Science with a quest for liberating through knowledge. UGC NET qualified.