HISTORY

Civil Disobedience Movement and Gandhi-Irwin Pact, 1931

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  • Started by Gandhi on 12th March 1930 with the Dandi March. Reached Dandi on April 6.
  • Defiance of forest laws in Maharashtra, Central Province and Karnataka. Refusal to pay chaukidari tax in Eastern India.
  • Wide participation of women
  • Khan Abdul Gaffar Khan organized Khudai Khidmatgars (aka Red Shirts)
  • Nagaland: Rani Gaidilieu
  • First RTC, 1930
    • Congress boycotted
  • Gandhi-Irwin Pact, 1931
    • Government agreed to release the political prisoners who had remained non-violent
    • Right to make salt for consumption
    • Right to peaceful picketing of liquor and foreign cloth shops
    • Congress suspended the Civil Disobedience Movement
    • Agreed to take part in the second RTC

 

Gandhi’s early career and activism

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  • Gandhi was the first Indian barrister to have come to South Africa.
  • He was faced with various racial discriminations within days of his arrival in SA.
  • He led the Indian struggle in SA.
  • The first phase of Gandhi’s political activities from 1894-1906 may be classified as the ‘moderate’ phase.
  • He set up the Natal Indian Congress and started a paper called Indian Opinion.
  • By 1906, Gandhiji, having fully tried the ‘Moderate’ methods of struggle, was becoming convinced that these would not lead anywhere.
  • The second phase, begun in 1906, was characterized by the use of passive resistance, Satyagraha. There was no fear of jails.
  • South Africa prepared Gandhiji for leadership of the Indian national struggle:
    • He had the invaluable experience of leading poor Indian labourers.
    • SA built up his faith in the capacity of the Indian masses to participate in and sacrifice for a cause that moved them.
    • Gandhiji also had the opportunity of leading Indians belonging to different religions.
  • South Africa provided Gandhiji with an opportunity for evolving his own style of politics and leadership.
  • Gandhi returned to India on January 9, 1915
  • He founded the Sabarmati Ashram in Ahmedabad in 1916
  • Initially he was politically idle. He spent his time studying the situation of the country.
  • He was deeply convinced that the only viable method of political struggle was satyagraha.
  • During the course of 1917 and early 1918, he was involved in three significant struggles – in Champaran in Bihar, in Ahmedabad and in Kheda in Gujarat. The common feature of these struggles was that they related to specific local issues and that they were fought for the economic demands of the masses.
  • Champaran Satyagraha (1917)
    • Peasantry on the indigo plantations in Champaran, Bihar was excessively oppressed by the Eurpoean planters.
    • On the invitation of the peasants he went to Champaran and began to conduct a detailed inquiry into the condition of the peasantry
    • The government was forced to set up a committee with Gandhi as one of the members. The sufferings of the peasants was reduced.
    • Others in this movement: Rajendra Prasad, Mazhar-ul-Haq, J B Kriplani, Narhari Parekh and Mahadev Desai.
  • Ahmedabad Mill Strike (1918)
    • Dispute between workers and mill owners
    • Gandhi advised workers to go on a non-violent strike. He himself took to fast
    • Owners yielded and gave a 35 percent increase in wages to the workers
  • Kheda Satyagraha (1918)
    • Despite crop failure in Kheda the government insisted on full land revenue
    • Gandhi advised the peasants to withhold payment.
    • Govt issued instructions that revenue should be collected from only those farmers who could afford to pay
    • Sardar Vallabhbhai Patel played a major role in this satyagraha.
  • Impact of these early experiences
    • Brought Gandhiji in close contact with the masses
    • He identified his life and manner of living with the life of the common people
  • He had three main aims
    • Hindu-Muslim Unity
    • Fight against untouchability
    • Raising the social status of the women
  • Gandhiji’s first major nation-wide protest was against the Rowlatt Bills in 1919. He formed the Satyagraha Sabha whose members took a pledge to disobey the Act and thus to court arrest and imprisonment.
  • Satyagraha was launched. The form of protest finally decided was the observance of a nation-wide hartal accompanied by fasting and prayer.
  • However, protests were generally accompanied by violence and disorder.
  • In Punjab, the situation was particularly violent. Genral Dyer was called to control the situation. On 13 April, Baisakhi Day, General Dyer ordered to open fire on unarmed crowd in Jallianwala Bagh. The government estimate was 379 dead, other estimates were considerably higher.
  • Gandhiji, overwhelmed by the total atmosphere of violence, withdrew the movement on 18 April.
  • Difference between earlier methods of struggle and satyagraha
    • Earlier, the movement had confined its struggle to agitation. They used to hold meetings, demonstrate, boycott etc
    • Through Satyagraha they could act now.
    • The new movement relied increasingly on the political support of the peasants, artisans and urban poor.
    • Gandhiji increasingly turned the face of nationalism towards the common man
  • Jallianwala Bagh Massacre
    • On April 13, 1919 a large crowd had gathered in Amritsar to protest against the arrest of their leaders, Dr. Saifudding Kitchlew and Dr. Satyapal
    • General Dyer opened fire
    • Widespread criticism. Tagore returned his knighthood.

 

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Emergence of Socialism-

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  • Emergence of socialism in the 1920s in the nationalist ranks
    • JL Nehru and SC Bose
    • Raised the question of internal class oppression by capitalists and landlords
    • MN  Roy became the first Indian to be elected to the leadership of the Communist International
    • Muzaffer Ahmed and SA Dange were tried in the Kanpur Conspiracy Case
    • 1925: Communist Party of India was formed
    • All India Trade Union Congress
    • Various Strikes: Bombay textile mills, Jamshedpur, Kharagpur
  • Bardoli Satyagraha (1928)
    • Peasants under the leadership of Sardar Patel organized no tax campaign
  • Indian Youth were becoming active
    • First All Bengal Conference of Students  held in 1928 presided by JL Nehru
  • Hindustan Republican Association: 1924
    • Kakori Conspiracy Case (1925)
    • Four, including Ram Prasad Bismil and Ashfaqulla Khan were hanged.
  • Hindustan Socialist Republican Association (1928)
    • On 17th December 1928, Bhagat Singh, Azad and Rajguru assassinated Saunders
    • Bhagat Singh and BK Dutt threw bomb in the Central Legislative Assembly on 8 April 1929 to let the people know of their changed political objectives
  • Chittagong Armoury Raid: 1030, Surya Sen
    • Participation of young women

 

Gandhi’s early career and activism

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  • Gandhi was the first Indian barrister to have come to South Africa.
  • He was faced with various racial discriminations within days of his arrival in SA.
  • He led the Indian struggle in SA.
  • The first phase of Gandhi’s political activities from 1894-1906 may be classified as the ‘moderate’ phase.
  • He set up the Natal Indian Congress and started a paper called Indian Opinion.
  • By 1906, Gandhiji, having fully tried the ‘Moderate’ methods of struggle, was becoming convinced that these would not lead anywhere.
  • The second phase, begun in 1906, was characterized by the use of passive resistance, Satyagraha. There was no fear of jails.
  • South Africa prepared Gandhiji for leadership of the Indian national struggle:
    • He had the invaluable experience of leading poor Indian labourers.
    • SA built up his faith in the capacity of the Indian masses to participate in and sacrifice for a cause that moved them.
    • Gandhiji also had the opportunity of leading Indians belonging to different religions.
  • South Africa provided Gandhiji with an opportunity for evolving his own style of politics and leadership.
  • Gandhi returned to India on January 9, 1915
  • He founded the Sabarmati Ashram in Ahmedabad in 1916
  • Initially he was politically idle. He spent his time studying the situation of the country.
  • He was deeply convinced that the only viable method of political struggle was satyagraha.
  • During the course of 1917 and early 1918, he was involved in three significant struggles – in Champaran in Bihar, in Ahmedabad and in Kheda in Gujarat. The common feature of these struggles was that they related to specific local issues and that they were fought for the economic demands of the masses.
  • Champaran Satyagraha (1917)
    • Peasantry on the indigo plantations in Champaran, Bihar was excessively oppressed by the Eurpoean planters.
    • On the invitation of the peasants he went to Champaran and began to conduct a detailed inquiry into the condition of the peasantry
    • The government was forced to set up a committee with Gandhi as one of the members. The sufferings of the peasants was reduced.
    • Others in this movement: Rajendra Prasad, Mazhar-ul-Haq, J B Kriplani, Narhari Parekh and Mahadev Desai.
  • Ahmedabad Mill Strike (1918)
    • Dispute between workers and mill owners
    • Gandhi advised workers to go on a non-violent strike. He himself took to fast
    • Owners yielded and gave a 35 percent increase in wages to the workers
  • Kheda Satyagraha (1918)
    • Despite crop failure in Kheda the government insisted on full land revenue
    • Gandhi advised the peasants to withhold payment.
    • Govt issued instructions that revenue should be collected from only those farmers who could afford to pay
    • Sardar Vallabhbhai Patel played a major role in this satyagraha.
  • Impact of these early experiences
    • Brought Gandhiji in close contact with the masses
    • He identified his life and manner of living with the life of the common people
  • He had three main aims
    • Hindu-Muslim Unity
    • Fight against untouchability
    • Raising the social status of the women
  • Gandhiji’s first major nation-wide protest was against the Rowlatt Bills in 1919. He formed the Satyagraha Sabha whose members took a pledge to disobey the Act and thus to court arrest and imprisonment.
  • Satyagraha was launched. The form of protest finally decided was the observance of a nation-wide hartal accompanied by fasting and prayer.
  • However, protests were generally accompanied by violence and disorder.
  • In Punjab, the situation was particularly violent. Genral Dyer was called to control the situation. On 13 April, Baisakhi Day, General Dyer ordered to open fire on unarmed crowd in Jallianwala Bagh. The government estimate was 379 dead, other estimates were considerably higher.
  • Gandhiji, overwhelmed by the total atmosphere of violence, withdrew the movement on 18 April.
  • Difference between earlier methods of struggle and satyagraha
    • Earlier, the movement had confined its struggle to agitation. They used to hold meetings, demonstrate, boycott etc
    • Through Satyagraha they could act now.
    • The new movement relied increasingly on the political support of the peasants, artisans and urban poor.
    • Gandhiji increasingly turned the face of nationalism towards the common man
  • Jallianwala Bagh Massacre
    • On April 13, 1919 a large crowd had gathered in Amritsar to protest against the arrest of their leaders, Dr. Saifudding Kitchlew and Dr. Satyapal
    • General Dyer opened fire
    • Widespread criticism. Tagore returned his knighthood.

 

The Split in the Congress: Surat 1907

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The Split in the Congress: Surat 1907

  • Moderates were successful to some extent.
  • Moderates failed in many aspects. Why?
    • They could not acquire any roots among common people.
    • They believed that they could persuade the rulers to change their policies. However, their achievement in this regard was meager.
    • They could not keep pace with the events. They failed to meet the demands of the new stage of the national movement.
  • The British were keen on finishing the Congress because:
    • However moderate the leaders were, they were still nationalists and propagators of anti-colonialist ideas.
    • The British felt that moderates led congress could be finished off easily because it did not have a popular base
  • In the swadeshi movement, all sections of INC united in opposing the Partition
    • However, there was much difference between the moderates and the extremists about the methods and scope of the movement
    • The extremists wanted to extend the Swadeshi and Boycott movement from Bengal to the rest of the country and to boycott every form of association with the colonial government
    • The moderates wanted to confine the boycott movement to Bengal and even there to limit it to the boycott of foreign goods
  • After the Swadeshi movement the British adopted a three pronged approach to deal with congress. Repression-conciliation-suppression.
    • The extremists were reppressed
    • The moderates were conciliated thus giving them an impression that their further demands would be met if they disassociated from the extremists. The idea was to isolate the extremists.
    • Once the moderates and extremists were separate the extremists could be suppressed through the use of state force while the moderates could later be ignored.
  • The congress session was held on December 26, 1907 at Surat, on the banks of the river Tapti.
    • The extremists wanted a guarantee that the four Calcutta resolutions will be passed.
    • They objected to the duly elected president of the year, Rash Behari Ghose.
    • There was a confrontation with hurling of chairs and shoes.
  • The government launched a massive attack on the extremists. Newspapers were suppressed. Tilak was sent to Mandalay jail for six years.
  • The extremists were not able to organize an effective alternative party or to sustain the movement.
  • After 1908 the national movement as a whole declined.
  • The moderates and the country as a whole were disappointed by the 1909 Minto-Morley reforms
    • The number of indirectly elected members of the Imperial and provincial legislative councils was increased.
    • Separate electorates for Muslims were introduced.
  • With the split of Congress revolutionary terrorism rose.
  • In 1904 V D Savarkar organized Abhinav Bharat as a secret society of revolutionaries
  • In April 1908, Prafulla Chaki and Khudiram Bose threw a bomb at a carriage which they believed was occupied by Kingsford the unpopular judge at Muzzafarpur.
  • Anushilan Samity and Jugantar were two most important revolutionary groups.
  • An assessment of the split
    • The split did not prove useful to either party
    • The British played the game of divide and rule
    • To placate the moderates they announced the Morley-Minto reforms which did not satisfy the demands of the nationalists. They also annulled the partition of Bengal in 1911.

 

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Lucknow Pact (1916),Montagu-Chelmsford Reforms and Rowlatt Act

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Lucknow Pact (1916)

  • Nationalists saw that their disunity was affecting their cause
  • Two important developments at the Lucknow Session of Congress
    • The two wings of the Congress were again united
    • The Congress and the Muslim League sank their old differences and put up common political demands before the government.
  • INC and ML passed the same resolutions at their sessions, put forward a joint scheme of political reforms based on separate electorates, and demanded that the British Government should make a declaration that it would confer self-government on India at an early date.
  • The pact accepted the principle of separate electorates
  • Main clauses of the pact
    • There shall be self-government in India.
    • Muslims should be given one-third representation in the central government.
    • There should be separate electorates for all the communities until a community demanded joint electorates.
    • A system of weightage should be adopted.
    • The number of the members of Central Legislative Council should be increased to 150.
    • At the provincial level, four-fifth of the members of the Legislative Councils should be elected and one-fifth should be nominated.
    • The size of provincial legislatures should not be less than 125 in the major provinces and from 50 to 75 in the minor provinces.
    • All members, except those nominated, should be elected directly on the basis of adult franchise.
    • No bill concerning a community should be passed if the bill is opposed by three-fourth of the members of that community in the Legislative Council.
    • The term of the Legislative Council should be five years.
    • Members of Legislative Council should themselves elect their president.
    • Half of the members of Imperial Legislative Council should be Indians.
    • The Indian Council must be abolished.
    • The salaries of the Secretary of State for Indian Affairs should be paid by the British government and not from Indian funds.
    • Of the two Under Secretaries, one should be Indian.
    • The Executive should be separated from the Judiciary.
  • Evaluation
    • As an immediate effect, the unity between the two factions of the congress and between INC and ML aroused great political enthusiasm in the country
    • However, it did not involve Hindu and Muslim masses and was based on the notion of bringing together the educated Hindus and Muslims as separate political entities without secularization of their political outlook
    • The pact therefore left the way open to the future resurgence of communalism in Indian politics.
  • Montagu-Chelmsford Reforms
    • Provincial LC enlarged. More elected members
    • Dyarchy
      • Some subjects were reserved and remained under the direct control of the Governor; others such as education, public health and local self-government were called transferred subjects and were to be controlled by the ministers responsible to the legislature.
    • At the centre, there were two houses of legislature.
    • Response of nationalists
      • INC condemned the reforms as disappointing and unsatisfactory
      • Some others , led by Surendranath Banerjea, were in favour of accepting the government proposals. They left the Congress at this time and founded the Indian Liberal Federation
    • Evaluation
      • The governor could overrule the ministers on any grounds that he considered special
      • The legislature had virtually no control over the Governor-General and his Executive Council.
      • The central government had unrestricted control over the provincial governments

 

Rowlatt Act

  • March 1919
  • It authorized the Government to imprison any person without trial and conviction in a court of law.

 

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Historical Underpinning and Evolution

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Evolution of Indian Constitution

Although the systems of ancient India do have their reflections in the Constitutions of India, the direct sources of the Constitution lie in the administrative and legislative developments of the British period.

 

Regulating Act of 1773

  • This Act was based on the report of a committee headed by the British Prime Minister Lord North.
  • Governance of the East India Company was put under the British Parliamentary control.
  • The Governor of Bengal was nominated as Governor General for all the three Presidencies of Calcutta Bombay and Madras. Warren Hastings was the first such Governor General.
  • A Supreme Court was established in Calcutta (now Kolkata)
  • Governor General was empowered to make laws, regulations and ordinances with the consent of the Supreme Court.

 

Pitts India Act of 1784

  • It was enacted to improve upon the provisions of Regulating Act of 1773 to bring about better discipline in the Company’s system of administration.
  • A 6 member Board of Coordinators was set up which was headed by a minister of the British Government. All political responsibilities were given to this board.
  • Trade and commerce related issues were under the purview of the Court of the Directors of the company.
  • Provinces had to follow the instructions of the Central Government and Governor General was empowered to dismiss the failing provincial government.

 

Charter Act of 1793

  • Main provisions of the previous Acts were consolidated in this Act.
  • Provided for the payment of salaries of the members of the Board of Controllers from Indian revenue.
  • Courts were given the power to interpret rules and regulations

 

Charter Act of 1813

  • Trade monopoly of the East India Company came to an end.
  • Powers of the three Councils of Madras, Bombay and Calcutta were enlarged; they were also subjected to greater control of the British Parliament.
  • The Christian Missionaries were allowed to spread their religion in India.
  • Local autonomous bodies were empowered to levy taxes.

 

Charter Act of 1833

  • The Governor General and his Council were given vast powers. This Council could legislate for the whole of India subject to the approval of the Board of Controllers.
  • The Council got full powers regarding revenue, and a single budget for the country was prepared by the Governor General.
  • The East India Company was reduced to an administrative and political entity and several Lords and Ministers were nominated as ex-officio members of the Board of Controllers.
  • For the first time the Governor-General’s Government was known as the ‘Government of India’ and his Council as the ‘Indian Council’.

 

Charter Act of 1853

  • This was the last of the Charter Acts and it made important changes in the system of Indian legislation.
  • This Act followed a report of then Governor General Dalhousie for improving the administration of the company.
  • A separate Governor for Bengal was to be appointed.
  • Legislative and administrative functions of the Council were separately identified.
  • Recruitment of the Company’s employees was to be done through competitive exams.
  • British Parliament was empowered to put Company’s governance of India to an end at any suitable time.

 

Government of India Act, 1858

  • British Crown decided to assume sovereignty over India from the East India Company in an apparent consequence of the Revolt of 1857, described as an armed sepoy mutiny by the British historians and remembered as the First War of Independence by the Indians.
  • The first statute for the governance of India, under the direct rule of the British Government, was the Government of India Act, 1858.
  • It Provide for absolute (British) imperial control over India without any popular participation in the administration of the country.
  • The powers of the crown were to be exercised by the Secretary of State for India, assisted by a council of fifteen members, known as the Council of India.
  • The country was divided into provinces headed by a Governor or Lieutenant-Governor aided by his Executive Council.
  • The Provincial Governments had to function under the superintendence, direction and control of the Governor- General in all matters.
  • All authority for the governance of India was vested in the Governor- General in Council who was responsible to the Secretary of State.
  • The Secretary of State was ultimately responsible to the British Parliament.

 

Indian Councils Act, 1861

  • This is an important landmark in the constitutional history of India. By this Act, the powers of the Crown were to be exercised by the Secretary of State for India, assisted by a council of fifteen members (known as the Council of India). The Secretary of State, who was responsible to the British Parliament, governed India through the Governor General, assisted by an Executive council.
  • This Act enabled the Governor General to associate representatives of the Indian people with the work of legislation by nominating them to his expanded council.
  • This Act provided that the Governor General’s Executive Council should include certain additional non-official members also while transacting legislative business as a Legislative Council. But this Legislative Council was neither representative nor deliberative in any sense.
  • It decentralized the legislative powers of the Governor General’s Council and vested them in the Governments of Bombay and Madras.

 

Indian Councils Act, 1892

  • The non-official members of the Indian Legislative Council were to be nominated by the Bengal Chamber of Commerce and Provincial Legislatives Council while the non-official members of the Provincial Councils were to be nominated by certain local bodies such as universities, districts boards, municipalities, zamindars etc.
  • The Councils were to have the power of discussing the Budget and addressing questions to the Executive.

 

Morley-Minto Reforms and the Indian Councils Act, 1909

  • Reforms recommended by the then Secretary of States for India (Lord Morley) and the Viceroy (Lord Minto) were implemented by the Indian Councils Act, 1909.
  • The maximum number of additional members of the Indian Legislative Council (Governor- General’s Council) was raised from 16 (under the Act of 1892) to 60 (excluding the Executive Councilors).
  • The size of Provincial Legislative Councils was enlarged by including elected non-official members so that the official majority was gone.
  • An element of election was introduced in the Legislative Council at the centre also but here the official majority was maintained.
  • The Legislative Councils were empowered to move resolutions on the Budget, and on any matter of public interest except certain specified subjects such as the Armed forces, Foreign Affairs and the Indian States.
  • It provided, for the first time, for separate representation of the Muslim community and thus sowed the seeds of separatism.

 

The Government of India Act, 1915

  • This act was passed to consolidate the provisions of the preceding Government of India Acts.

 

Montague-Chelmsford Report and the Government of India Act, 1919

  • The then Secretary of State for India Mr. E.S. Montague and the Governor General Lord Chelmsford formulated proposals for the Government of India Act, 1919.
  • Responsible Government in the Provinces was to be introduced, without impairing the responsibility of the Governor (through Governor General), for the administration of the province, by resorting to device known as ‘Diarchy’ or dual government.
  • The subjects of administration were to be divided into two categories Central and Provincial.
  • Central subjects were those which were exclusively kept under the control of the Central Government.
  • The provincial subjects were sub-divided into ‘transferred’ and ‘reserved’ subjects.
  • The ‘transferred subjects’ were to be administered by the Governor with the aid of Ministers responsible to the Legislative Council in which the proportion of elected members was raised to 70 percent.
  • The ‘ reserved subjects’ were to be administered by the Governor and his Executive Council with no responsibility to the Legislature.
  • The previous Central control over the provinces in the administrative, legislative and financial matters was relaxed. Sources of revenue were divided into two categories so that the provinces could run the administration with the revenue raised y the provinces themselves.
  • The provincial budget was separated from the central budget.
  • The provincial legislature was empowered to present its own budget and levy its own taxes relating to the provincial sources of revenue.
  • The Central Legislature, retained power to legislate for the whole country on any subject.
  • The control of the Governor General over provincial legislature was retained by providing that a Provincial Bill, even though assented to by the Governor, would become law only when assented to also by the Governor General.
  • The Governor was empowered to reserve a Bill for the consideration of the Governor General if it was related to some specified matters.
  • The Governor General in Council continued to remain responsible to the British Parliament through the Secretary of State for India.
  • The Indian Legislature was made more representative and, for the first time ‘bi-cameral.’
  • The Upper House was named the Council of State. This composed of 60 members of whom 34 were elected.
  • The Lower House was named the Legislative Assembly. This was composed of about 144 members of whom 104 were elected.
  • The electorates were arranged on a communal and sectional basis, developing the Morley-Minto device further.
  • The Governor General’s overriding powers in respect of Central legislation were retained as follows:
  • His prior sanction was required to introduce Bills relating to certain matters;
  • He had the power to veto or reserve for consideration of the Crown any Bill passed by the Indian Legislature;
  • He had the converse power of certifying Bill or any grant refused by the Legislature;
  • He could make Ordinances, in case of emergency.

 

Simon Commission

  • This commission, headed by Sir John Simon, constituted in 1927 to inquire into the working of the Act of 1919, placed its report in 1930. The report was examined by the British Parliament and the Government of India Bill was drafted accordingly.

 

The Government of India Act, 1935

  • The Act of 1935 prescribed a federation, taking the Provinces and the Indian States (native states) as units.
  • It was optional for the Indian States to join the Federation, and since they never joined, the Federation never came into being.
  • The Act divided legislative powers between the Centre and Provinces.
  • The executive authority of a Province was also exercised by a Governor on the behalf of the Crown and not as a subordinate of the Governor General.
  • The Governor was required to act with the advice of Ministers responsible to the legislature.
  • In certain matters, the Governor was required to act ‘in his discretion’ without ministerial advice and under the control and directions of the Governor General, and, through him, of the Secretary of State.
  • The executive authority of the Centre was vested in the Governor General (on behalf of the Crown).
  • The councilors of Council of Ministers responsible to the Legislature were not appointed although such provisions existed in the Act of 1935.
  • The Central Legislature was bi-cameral, comprising a Legislative Assembly and a Legislative Council. In other provinces, the Legislature was uni-cameral.
  • Apart from the Governor General’s power of veto, a Bill passed by the Central Legislature was also subject to veto by the Crown.
  • The Governor General could prevent discussion in the Legislature and suspend the proceedings on any Bill if he was satisfied that it would affect the discharge of his special responsibilities.
  • The Governor General had independent powers of legislatures, concurrently with those of the Legislature.
  • On some subjects no bill or amendment could be introduced in the Legislature without the Governor General’s previous sanction.
  • A three-fold division in the Act of 1935 –There was Federal List over which the Federal Legislature had exclusive jurisdiction. There was a Concurrent List also over which both the Federal and the Provincial had competence.
  • The Governor General was empowered to authorize either the Federal or the Provincial Legislature to enact a law with respect to any matter which was not enumerated in the above noted Legislative Lists.
  • Dominion Status, which was promised by the Simon Commission in 1929, was not conferred by the Government of India Act, 1935.

 

Cripps Mission

  • In March, 1942 Sir Stafford Cripps, a member of the British cabinet came with a draft declaration on the proposals of the British Government.
  • These proposals were to be adopted at the end of the Second World War, provided Congress and the Muslim League could accept them.
  • According to the proposals-
  • The Constitution of India was to be framed by an elected Constituent Assembly by the Indian people.
  • The Constitution should give India Dominion Status.
  • There should be one Indian Union comprising all the Provinces and Indian States.
  • Any Province (or Indian State) not accepting the Constitution would be free to retain its constitutional position existing at that time and with such non-acceding Province British Government could enter into separate Constitutional arrangements.

 

Cabinet Mission

  • In March 1946, Lord Attlee sent a Cabinet Mission to India consisting of three Cabinet Ministers, namely Lord Pethick Lawrence, Sir Stafford Cripps and Mr. A.V. Alexander.
  • The object of Cabinet Mission was to help India achieve its independence as early as possible, and to set up a Constitutional Assembly.
  • The Cabinet Mission rejected the claim for a separate Constituent Assembly and a Separate for the Muslim.
  • According to Cabinet Mission Plan there was to be a Union of India, comprising both British India and the States, having jurisdiction over the subjects of Foreign Affairs, Defence and Communication. All residuary powers were to be vested in the Provinces and the States.
  • The Union was to have an Executive and a Legislature consisting of representatives of the Provinces and the States.
  • Any decision involving a major communal issue in the legislature was to require a majority support of representatives of each of the two major communities present and voting.
  • The provinces could form groups with executives and legislatures, and each group could be competent to determine the provincial subjects.

 

The Mountbatten Plan

  • 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.

 

The Indian Independence Act, 1947 of the British Parliament

  • In pursuance of this Act, 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 future Constitution of the country.
  • From the 15th August 1947 India ceased to be a Dependency, and the suzerainty of the British Crown over the Indian States and the treaty relations with Tribal Areas lapsed from that date.
  • The office of the Secretary of State for India was abolished.
  • The Governor General and the Governors lost extraordinary powers of legislations to compete with the legislature.
  • The Central Legislature Of India, composed of the Legislative Assembly and the Council of States, ceased to exist on August 14, 1947.
  • The Constituent Assembly itself was to function as the Central Legislature with complete sovereignty.

 

Making of the constitution

  • 1934: Idea of constituent assembly put forward by M N Roy
  • 1935: INC officially demands constituent assembly
  • 1938: JL Nehru’s declaration on the constitution of India
  • 1940: Nehru’s demand accepted in the form of August Offer
  • August Offer
    • PM: Winston Churchill
    • While rejecting INCs demand for independence of India after the war on the ground that INC is not representative of the minorities, three offers were made
    • Expansion of Viceroy’s executive council with the inclusion of Indian representatives
    • An advisory body with the members from British India and Indian princely states which were supposed to meet at consequent intervals was established
    • Two practical steps were decided to be taken in which it was to come at an agreement with the Indians on the form which the post representatives body should take and the methods by which it should come to a conclusion.
    • It further planned to draw out the principles and outlines of the Constitution itself
    • Congress rejected the offer
  • 1942: Cripps Mission
    • PM: Winston Churchill Sec of State: Leo Amery                                Viceroy: Linlithgow
    • On the framing of an independent constitution to be adopted after the WW II
    • Cripps proposals rejected by the ML which wanted India to be divided into two autonomous states
  • 1946: Cabinet Mission
    • PM: Clement Attlee Viceroy: Lord Wavell
    • Members: Pethick Lawrence (sec of state for India), Stafford Cripps, A V Alexander
    • Simla Conference
    • May 16 plan
      • United dominion of india would be given independence
      • Muslim majority and Hindu majority provinces to be grouped
      • Central government to run foreign affairs, defence and communications while rest of the responsibility would belong to the provinces, coordinated by the two groups
    • Interim cabinet was formed. ML joined the cabinet but decided to boycott the constituent assembly
  • 1946, Nov: Constituent Assembly formed under the Cabinet Mission Plan
  • First meeting of CA on December 9, 1946. Sacchidanada Sinha was elected the temporary Presidetn
  • Dec 11, 1946: Rajendra Prasad and H C Mukharjee elected as the President and VP of the assembly respectively.
  • BN Rao was the constitutional advisor to the assembly
  • Dec 13, 1946: Objectives Resolution moved by JL Nehru
  • Jan 22, 1947: Objectives resolution adopted
  • June 3, 1947: Mountbatten plan. Partition of the country announced.
  • Jan 24, 1950: Final session of the CA. It however continued as a provisional body from Jan 26, 1950 till the formation of the new Parliament after the first general elections in 1951-52

Major Committees of CA

Committee Chairman
Union Powers Committee JL Nehru
Union Constitution Committee JL Nehru
Committee for Negotiating with States JL Nehru
Steering Committee Rajendra Prasad
Rules of Procedure Committee Rajendra Prasad
Provincial Constitution Committee Sardar Patel
Committee on Fundamental Rights and  Minorities.

Two sub committees ( FR , Minorities)

 Sardar Patel

(J B Kriplani, H C Mukharjee)
Drafting Committee B R Ambedkar
  • Drafting Committee was setup on Aug 29, 1947. It had seven members
    • B R Ambedkar
    • Alladi Krisnaswamy Ayyer
    • N Gopalaswamy Ayyangar
    • K M Munshi
    • TT Krishnamchari
    • N Madhava Rau
    • Syed Mohammad Saadullah
  • Nov 26, 1949: Constitution was adopted
  • The Preamble was enacted after the entire Constitution was already enacted
Features
  • Lengthiest written Constitution: Originally our constitution contained 395 articles divided in 22 parts and 8 schedules. Constitution has been amended 98 times. Currently there are 25 Parts, 12 Schedules, and 448 Articles. These figures show our constitution as the most comprehensive constitution in the world. (British have no written constitution and Constitution of USA had originally only 7 articles)
  • Starts with a Preamble: It gives an insight into the Philosophy of the Constitution.
  • Drawn from different sources: fundamental rights from USA, bicameralism from UK, Fundamental duties from USSR etc,
  • Blend of Rigidity and Flexibility: making Law is quite flexible and easy in comparison to amending a law.
  • Sovereignty of the Country: managing internal and external affairs freely without any external forces.
  • Democratic state: governing power is derived from the people by means of elected representatives of the people.
  • Republic: India does not have a hereditary post of Head of the State. The Head of the state in India is President and he / she is elected.
  • Socialist State: Indian socialism is democratic socialism. The goals of the socialism are to be realized through democratic means.
  • Secular state: India is secular country. Here No religion is a state religion. The constitution provides equal treatment to all religions.
  • Parliamentary Form of Government: Westminster model of government. Presence of nominal and real executives, majority party rule, collective responsibility of executive to legislature, dissolution of lower house, prime minister has crucial and important role.
  • A blend of Federal and Unitary System: there are separate governments in the Union and States and there is division of power. Unitary features: Strong centre. Single Citizenship, single constitution for both the centre and states, emergency provisions, all India services. India is also quasi-federal as constitution describes India as union of states. States cannot unjoin as well as there is no agreement by states. We have union as well as state lists.
  • Integrated and independent Judiciary: The states have high courts but the verdicts of these courts are subject to appeal to the Supreme Court. The Constitution has made the High Courts subordinate to the Supreme Court.
  • Universal Adult Franchise: Every citizen who is above 18 years has a Voting Right without any discrimination.
  • Three tier government structure: union, state and panchayats.
  • Synthesis of parliamentary sovereignty and judicial supremacy: judicial review of Supreme Court by procedure established by law. Also, parliament can amend major portion of constitution.
  • Fundamental rights: to promote political democracy. Enforceable by courts for violation. They are Justiciable in nature.
  • Fundamental duties: to respect constitution; to promote national unity, integrity, sovereignty; to preserve rich cultural heritage and promote common brotherhood. They are not justiciable in nature.
  • Directive principles of state policy: socialistic, liberal and gandhian meant for promoting ideal social and economic democracy. To establish welfare state. It is the duty of state to apply these in governance. They are not justiciable.
  • Independent bodies: constitution not only provides legislative, executive and judicial organs of government (state and centre) but also has independent election commission, CAG, UPSC, SPSC with security of tenure, service conditions.