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Historical Background & Making of the Constitution

Understand the evolutionary nature of the Indian Constitution, tracing its roots from British colonial acts to the rigorous debates of the Constituent Assembly.

Learning Objectives

  • •Analyze the shift from centralisation (1773-1833) to decentralisation (1861-1935) under British rule
  • •Evaluate the structural continuity between the GoI Act 1935 and the Indian Constitution
  • •Understand the consensus-based approach of the Constituent Assembly

Detailed Analysis

The Indian Constitution is not a sudden revolutionary document but rather an evolutionary one. For UPSC, the focus is less on memorizing every clause of every British Act and more on understanding the trajectory of power transfer. The Regulating Act (1773) initiated centralisation, which peaked with the Charter Act (1833), before the 1857 revolt forced a shift towards decentralisation (Indian Councils Act 1861). The Government of India Act (1935) is critical as it provided the structural blueprint for our modern federal system, including the division of powers into three lists. The making of the Constitution by the Constituent Assembly (1946-1949) was a triumph of the 'politics of accommodation'. Unlike the rigid majoritarian drafting seen in other post-colonial states, India's framers relied on consensus. The Objective Resolution (moved by Nehru) laid down the philosophical scaffolding: a sovereign, democratic republic rooted in justice, liberty, equality, and fraternity. The Assembly successfully localized foreign concepts—for instance, adopting the British Parliamentary system but replacing parliamentary sovereignty with constitutional supremacy and judicial review.
UPSC Mains Corner
HIGH YIELD

" 'The Indian Constitution is often criticized as a mere carbon copy of the Government of India Act, 1935.' Critically analyze this statement. "

Suggested Approach:

1. Introduction: Acknowledge that structurally (federal scheme, judiciary, emergency powers), the Constitution draws heavily from the 1935 Act. 2. Body Paragraph 1 (What's different philosophically): Explain that the 1935 Act lacked a Preamble, Fundamental Rights, and DPSP, which form the 'conscience' of the 1950 Constitution. 3. Body Paragraph 2 (Democratic ethos): The 1935 Act was an imposed colonial law with limited franchise; the Constitution is rooted in popular sovereignty (Universal Adult Franchise). 4. Conclusion: It is not a blind copy, but a pragmatic adaptation of a known administrative machinery, infused with democratic and rights-based philosophy.

Prelims Pulse
Regulating Act 1773
First step toward centralisation; designated Governor of Bengal as Governor-General of Bengal (Warren Hastings); created Supreme Court at Calcutta.
Charter Act 1833
Final step of centralisation; Governor-General of India created (William Bentinck); East India Company became purely an administrative body.
Morley-Minto Reforms 1909
Introduced 'communal representation' by providing separate electorates for Muslims; Lord Minto known as the Father of Communal Electorate.
Montagu-Chelmsford 1919
Introduced 'Dyarchy' (transferred and reserved subjects) at the provincial level and a bicameral legislature at the Centre.
GoI Act 1935
Introduced provincial autonomy (end of Dyarchy in provinces); established an All-India Federation and divided powers into Federal, Provincial, and Concurrent lists.
Cabinet Mission Plan 1946
Rejected the demand for Pakistan but established the Constituent Assembly based on indirect elections from Provincial Assemblies.
Objective Resolution
Moved by Pt. Nehru in Dec 1946; formed the philosophical foundation of the Constitution and later became the Preamble.
Drafting Committee
Chaired by Dr. B.R. Ambedkar; tasked with preparing the final draft from the reports of various sub-committees.
Universal Adult Franchise
Adopted without any debate in the Constituent Assembly; a radical step given India's poverty and illiteracy at the time.
Jan 26, 1950
Date of commencement. Chosen specifically to commemorate the 'Purna Swaraj' declaration of 1930.

Key Concepts

Politics of Accommodation

Granville Austin noted that the Constituent Assembly resolved highly contentious issues (like language and federal structure) through compromise and consensus rather than voting.

Terminology

CentralisationDecentralisationDyarchyProvincial AutonomyCommunal ElectorateObjective ResolutionConstituent AssemblyDrafting CommitteeUniversal Adult FranchiseFederal SchemeBicameralismPurna Swaraj

Historical Insight

Borrowed Features

While the framework is from the GoI Act 1935, FRs are inspired by the US Bill of Rights, and DPSPs by the Irish Constitution.

Quick Check

?

Which Act introduced Dyarchy in the provinces?

?

What was the main difference between the GoI Act 1935 and the final Constitution regarding citizens' rights?

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