Law and You > Constitutional Law > Historical Evolution of the Indian Constitution

A body of fundamental rules and regulations according to which a country is organized and governed, is called a constitution. In constitution the structure and organization of government, its powers and functions are given. Besides this, the rights and duties of the people are also mentioned. The first constitution of the world is a document called Magna Carta (means Great Charter) was signed by King John of England on 15 June 1215. This was the first written documents regarding the structure and organization of government, its powers, and functions. Many democracies all over the world have based their constitutions on the guidelines of Magna Carta. In this article let us know historical evolution of the Indian Constitution

There are various layers in the background of the Indian Constitution:

Regulating Act 1773

The Regulating Act was passed in the British Parliament in June 1773. It was the first parliamentary ratification and authorization defining the powers and authority of the East India Company with respect to its Indian possessions. This act permitted the company to retain its territorial possessions in India but sought to regulate the activities and functioning of the company. It did not take over power completely, hence called ‘Regulating Act’. Key features of the Regulating Act, 1773 were as follows:

• It was the first step towards regulating activities of the East India Company.
• It established the central administration.
• It designated the Governor-General of Bengal and created an Executive Council of four members to assist him. Lord Warren Hastings was the first Governor-General of Bengal.
• Governors of Bombay and Madras presidencies subordinate to the Governor-general of Bengal.
• A Supreme Court of Judicature was established in 1774 at Calcutta with Sir Elijah Impey as the first Chief Justice. There were three other judges. Judges were to come from England. It had civil and criminal jurisdiction over the British subjects and not Indian natives.
• It prohibited the servants of the Company from engaging in any private trade or accepting presents or bribes from the natives.

The major drawbacks of The Regulating Act of 1773 were that

• It did not address the concerns of the Indian population who were paying revenue to the company.
• It did not stop corruption among the company officials.
• The Supreme Court’s powers were not well-defined..

Pitt’s India Act 1784

To remove the drawbacks of the Regulating act and to make the administration of the company’s Indian territories efficient and responsible, a series of enquiries were made and measures were taken by the British parliament. Pitt’s India Act of 1784, named after William Pitt the Younger Prime Minister of Britain at that time set up a board of control in Britain through which the British government could fully control the company’s civil, military and revenue affairs in India. The key features of Pitt’s India Act 1784 are as follows:

• The Act distinguished between commercial and political functions of the company.
• It brought full control of the British Government on the East India Company’s civil, military and revenue affairs in India by establishing Board of Control. While, the company, continued to have the monopoly of trade and the right to appoint and dismiss its own officials. Thus a system of dual government of British India by the British government and the company was set up.
• Governor-General was given the power to overrule his council on important matters.
• Presidencies of Bombay and Madras were brought under his authority and he was made the commander-in-chief of all the British troops in India, both of the company and of the British government.
• The agencies through which the governor-general exercised his power and responsibility were the army, the police, the civil service and the judiciary. 

Charter Act of 1813

The Charter Act of 1813, also called the East India Company Act, 1813 was passed by the British Parliament, which renewed the East India Company’s charter for another 20 years. This act defined for the first time the constitutional position of British Indian territories. Key features of Charter Act of 1813 were as follows:

• This Act underlined the Crown’s jurisdiction over British possessions in India.
• The company’s rule was extended for another 20 years.
• Company’s commercial monopoly was ended except for trade in tea, opium, and commerce with China.
• It granted local governments the ability to tax people who were under the jurisdiction of the Supreme Court.
• The Act gave Indian courts more power over European British concepts.
• The Act authorized for missionaries to visit India and engage in religious teaching.

Charter Act of 1833

The Charter Act of 1833 was passed in the British Parliament which renewed the East India Company’s charter for another 20 years. This was also called the Government of India Act 1833 or the Saint Helena Act 1833. The key features of the Charter Act 1833 are as follows:

• This was the first step towards the centralization of British India.
• The company’s commercial activities were closed down. It was made into an administrative body for British Indian possessions. The company’s trade links with China were also closed down.
• The Act permitted the English to settle freely in India. It legalised the British colonisation of the country.
• Governor General of Bengal was made as Governor General of India. Created Government of India for the first time having authority over British India. Lord William Bentinck was the first Governor-General of India. The Governor-General had legislative powers over entire British India.
• The Governor-General in council had the authority to amend, repeal or alter any law pertaining to all people and places in British Indian territories whether British, foreign or Indian native.
• The civil and military affairs of the company were controlled by the Governor-General in council.
• The act mandated that any law made in India was to be put before the British Parliament and was to be called ‘Act’.
• As per the Act, an Indian Law Commission was established. The first Law Commission had Lord Macaulay as its chairman. It sought to codify all Indian law.
• Presidency of Bengal was divided into two parts- Bengal and Agra. But this never came into effect.

Charter Act of 1853

The Charter Act 1853 was passed in the British Parliament to renew the East India Company’s charter. This Act was passed when Lord Dalhousie was the Governor-General of India. The key features of Charter Act of 1853 are as follows:

• Company’s influence was further reduced by this act. The Board of Directors now had 6 members who were Crown-nominated.
• Governor General Council was split in legislative and executive councils. 
• The Act laid the foundation of the contemporary kind of Parliamentary form of government. The legislative wing of the Governor-General’s Council acted as a parliament on the model of the British Parliament.
• The separate legislative council was formed but only officials were its members.
• It was the first time in many years that the system of local government was introduced by the Britishers and furthered its representation in the legislative council. For the first time, local representation was introduced into the legislative council in the form of four members from the local governments of Bengal, Bombay, Madras and North Western Provinces.
• The Act did not mention the time period for which the company charter was being renewed.
• The Act ended the policy of providing government jobs only based on recommendations and gave birth to the Indian civil services. Indians were too open for the posts under the Civil Services of India, leading to a competitive environment. 

Government of India Act 1858

The Government of India Act 1858 was an Act of the British parliament that transferred the government and territories of the East India Company to the British Crown. The company’s rule over British territories in India came to an end and it was passed directly to the British government. The key features of the Act are as follows:

• East India Company was liquidated.
• The powers previously held by the Company’s Court of Directors were transferred to the Secretary of State for India.
• Indian territories of Britain were to be governed in the name of the British Queen. Thus the Rule of Company was replaced by the Rule of Crown.
• The powers of the Company’s Court of Directors were vested with the Secretary of State for India. The Secretary of State was to be a British MP and a member of the Prime Minister’s cabinet. He was to be assisted by a council of 15 members. He was also the channel of communication between the British government in Britain and the Indian administration. He also had the power to send secret despatches to India without consulting his council. Via the Secretary of State, the British parliament could ask questions regarding Indian affairs. Lord Stanley was appointed the first Secretary of State for India.
• The representative of the British government in India was the Governor-General and Viceroy (both the same person to avoid conflict). The Viceroy and the governors of the various presidencies were appointed by the Crown. The Viceroy was to be assisted with an Executive Council. Governor General became the agent of Crown. Lord Canning  was appointed as the first Governor-General and Viceroy of India.
• This act made India a direct British colony.
• This act abolished the dual government of the Pitt’s India Act.
• This act also ended the doctrine of lapse.
• The Act provided for the foundation of the Indian Civil Services, which were tasked with administering the country. Indians were also permitted to join the military.
• Indian Princes and Chiefs’ Status: More than 560 Indian princes and chiefs were allowed to retain their independence as long as they recognized British suzerainty.

Indian Councils Act 1861

The Indian Councils Act 1861 was an act of the British Parliament that made significant changes in the Governor-General’s Council. The main objective of this Act was to create a council which is institutionalised and includes Indians. Through this Act, The British planned on seeking support from Indians. The key features of Indian Councils Act, 1861 are as follows:

• For the executive functions of the Council, a fifth member was added. Now there were five members for home, military, law, revenue and finance. (A sixth member for public works was added in 1874.)
• The Act also focused on nurturing the executive roles in the legislation. Lord Canning, who was the Governor-General and Viceroy at the time, introduced the portfolio system. In this system, each member was assigned a portfolio of a particular department. Thus portfolio system was introduced.
• For legislative purposes, the Governor-General’s Council was enlarged. Now, there were to be between 6 and 12 additional members (nominated by the Governor-General). They were appointed for a period of 2 years. Out of these, at least half of the additional members were to be non-official (British or Indian). Their functions were confined to legislative measures. Lord Canning nominated three Indians to the Council in 1862 namely, the Raja of Benares, the Maharaja of Patiala and Sir Dinkar Rao.
• Any bill related to public revenue or debt, military, religion or foreign affairs could not be passed without the Governor-General’s assent.
• The Viceroy had the power to overrule the council if necessary.
• The Governor-General also had the power to promulgate ordinances without the council’s concurrence during emergencies (similar power is stated to the President of India as per the Indian Constitution under Article 77).
• The Secretary of State for India in Britain could also dissolve any act passed by the Governor-General’s Council.
• This Act restored the legislative powers of the Governor-in-Councils of the Presidencies of Madras and Bombay (which was taken away by the Charter Act of 1833).
• The legislative council of Calcutta had extensive power to pass laws for the whole of British India.
• There was provision made for the formation of legislative councils in other provinces. New provinces could also be created for legislative purposes and Lieutenant Governors be appointed for them. Legislative councils were formed in other provinces in Bengal in 1862, North-West Frontier Province in 1886 and Punjab and Burma in 1897.

The Act helped bring some changes in the legislative system. The involvement of Indians created new possibilities and hopes for the country. The division of departments was a step towards improving functioning. Despite changes, the final ruling power lied with the Governor-General, hence it did not lead to any major improvement.

India Councils Act 1892

The Indian Councils Act 1892 was an act of the British Parliament that increased the size of the legislative councils in India. The Indian National Congress (INC) was formed in 1885. There was a growing feeling of nationalism and this led the INC to put forth some demands to the British authorities. One of their demands was the reform of the legislative councils. They also wanted the principle of the election instead of nomination. The Viceroy at the time Lord Dufferin set up a committee to look into the matter. But the Secretary of State did not agree to the plan of direct elections. The key features of India Councils Act, 1892 are as follows:

• The demands of INC included a law for the elections. However, the Indian Council Act of 1892 authorised the ruling Governor-General to invite the bodies in India to nominate or elect the council representatives. Thus the Act introduced indirect election. But the Governor General had power to nominate members.
• The Act made it mandatory for the General-Governors council to have not less than 10 and not more than 16 members, which required that one-half of the council should not have the background of military personnel, the candidates chosen should essentially be non-official.
• The act emphasised that the members selected to be part of the council were not there as a representative of any Indian body but as a nominee of the Governor-General.
• The principle of representation was initiated through this act. The district boards, universities, municipalities, chambers of commerce and zamindars were authorised to recommend members to the provincial councils.
• The elected members were allowed to pass resolutions on the annual financial statements. However, the documents presented were unalterable. In some cases, the members of the provinces were allowed to look at the expenditure and revenue heads of the sectors that were directly under the provincial governments.
• The elected members were allowed to hold discussions on official and internal matters but they were not allowed to ask supplementary questions and they were not given power of vote.

The colonial government introduced the Indian Councils Act of 1892 to subside the efforts of the Indians to rebel against the crown rule. The law empowered the Indian authorities to send their representatives to the councils and make the communication system more transparent.

Indian Councils Act, 1909 (Morley-Minto Reforms)

Lord Curzon had carried out the partition of Bengal in 1905. This led to a massive uprising in Bengal as a result. Following this, the British authorities understood the need for some reforms in the governance of Indians. INC demanded home rule for the first time in 1906. Gopal Krishna Gokhale met Morley in England to emphasise the need for reforms. A group of elite Muslims led by Aga Khan met Lord Minto in 1906 and placed their demand for a separate electorate for the Muslims.

The Indian Councils Act 1909 was an act of the British Parliament that introduced a few reforms in the legislative councils and increased the involvement of Indians (limited) in the governance of British India. It was more commonly called the Morley-Minto Reforms after the Secretary of State for India John Morley and the Viceroy of India, the 4^th Earl of Minto. The key features of Morley-Minto Reforms were as follows:

• Changed the name of Central Legislative Council to Imperial Legislative Council.
• The number of members of Central Legislative Council was increased from 16 to 60 members. Number of members of provincial councils were also increased.
• The elected members were elected indirectly. The elected members were from the local bodies, the chambers of commerce, landlords, universities, traders’ communities and Muslims.
• The local bodies elected an electoral college that would elect members of the provincial legislative councils. These members would, in turn, elect the members of the Central legislative council.
• The viceroy’s executive council could elect only one Indian member. Satyendra P. Sinha was the first Indian member appointed to the ruler’s executive committee
• The Act introduced separate electorates for landlords and Muslims. Thus separate electorate system was introduced. Hence Lord Minto is known as the father of Communal Electorate.
• The members could discuss the budget and move resolutions. They could also discuss matters of public interest. They could also ask supplementary questions. No discussions on foreign policy or on relations with the princely states were permitted. They were not given the power of vote.
•  The provisions of the reforms increased the size of Indian representation in the legislative councils in the provinces and at the Centre level

The Act introduced communal representation in Indian politics. The effects of differential treatment of different religious groups can be seen to this day. The Act did nothing to grant colonial self-government, which was Congress’s demand.

The Government of India Act, 1919 (Montague-Chelmsford Reforms)

The Government of India Act 1919 was an act of the British Parliament that sought to increase the participation of Indians in the administration of their country. The act was based on the recommendations of a report by Edwin Montagu, the then Secretary of State for India, and Lord Chelmsford, India’s Viceroy between 1916 and 1921. Hence the constitutional reforms set forth by this act are known as Montagu-Chelmsford reforms or Montford reforms. They came into force in 1921. Key features of Montagu-Chelmsford reforms are as follows:

• The matters, which were of National importance or related to more than one province like foreign affairs, defence, political relations, communication, public debt, civil and criminal laws, wire services etc. were governed at the central level. The Central Legislature was made more powerful and more representative by this Act.
• The subjects were divided into two lists – reserved and transferred. The Secretary of State and the Governor-General could interfere in matters under the reserved list but this interference was restricted to the transferred list. Transfer subjects were administered by government with the help of ministers responsible for legislature. Reserved subjects were administered by the Governor with the help of executive council without any responsibility to Legislative Council.
• There had to be the Executive Council of the Viceroy of eight members, out of which three were to be Indians. The governor-general could restore cuts in grants, certify bills rejected by the central legislature and issue ordinances.

• The Governor was the executive head of the province. The governor was in charge of the reserved list along with his executive councillors. The subjects under this list were law and order, irrigation, finance, land revenue, etc.
• The ministers were responsible to the people who elected them through the legislature. These ministers were nominated from among the elected members of the legislative council. The ministers were in charge of subjects under the transferred list. The subjects included were education, local government, health, excise, industry, public works, religious endowments, etc.
• The Act introduced direct election system and number of members to council were increased.
• A bicameral legislature was set up with two houses – the Legislative Assembly (forerunner of the Lok Sabha) and the Council of State (forerunner of the Rajya Sabha).
• The nominated members were nominated by the governor-general from Anglo-Indians and Indian Christians.
• The members had a tenure of 3 years.
• This act provided for the first time, the establishment of a public service commission in India.
• The act also provided that after 10 years, a statutory commission would be set up to study the workings of the government. This resulted in the Simon Commission of 1927.
• It also created an office of the High Commissioner for India in London.
• The legislators, under the new reforms, could now ask questions and supplementaries, pass adjournment motions and vote a part of the budget, but 75% of the budget was still not votable.
• The legislature had virtually no control over the Governor-General and his Executive Council.
• The central government enjoyed unrestricted control over the provincial governments. The Central Legislature was authorised to make laws for all of India, for all Officers and common people, whether they were in India or not.

These reforms introduced the concept of federal structure with a unitary bias. There was an increased participation of Indians in the administration. For the first time, elections were known to the people and it created political consciousness among the people. Some Indian women also had the right to vote for the first time. At the same time, the flawed electoral system and limited franchise failed to gain popularity. It promoted a sense of communalism in a separate electoral system. The Montford reforms were termed “unworthy and disappointing – a sunless dawn” by Bal Gangadhar Tilak and Annie Besant found the reforms “unworthy of England to offer and India to accept”. Veteran Congress leaders led by Surendranath Banerjea were in favour of accepting the government proposals.

Government of India Act 1935

The Government of India Act was passed by the British Parliament in August 1935. It was the longest act enacted by the British Parliament at that time. There was a growing demand for constitutional reforms in India by Indian leaders. India’s support to Britain in the First World War also aided in British acknowledgement of the need for the inclusion of more Indians in the administration of their own country. Key features of the Government India Act, 1935 are as follows:

• It led to the establishment of a federal system of the Indian Government consisting of provinces, princely states.
• It divided the powers between the centre and the states or provinces.
• Certain powers lie only with the centre, while the others lie only with the states. However, there were powers that lay with both the centre and the states. Thus the concept of central list, state list and concurrent list was introduced. Residuary powers were given to Governor General.
• It led to the abolishment of independent authorities in the states. Though the provinces could act as an independent authority within their acquired areas, the centre had a ruling authority over them. The Governor was the ruling authority in the states. This continued in 1937 but was abolished in 1939. Thus, responsible governments in provinces introduced.
• It proposed diarchy, but the states rejected this, as they refused to be ruled over.
• It also introduced the concept of having two chambers (Bicameral System) within the state. One was termed the Upper house, and the other the Lower house. However, the houses were to work under many restrictions. The states where these houses came into play were Madras, Bombay, Bengal and others.
• There was a feature of representation of people in the community. It meant separate electorates were to be made for the scheduled castes, workers and women.
• The secretary of the state of India was to be appointed by a team of advisors.
• It also included voting; about 10% of the country’s population had the right to vote.
• It also gave a feature for the control of the flow of currency in the country. A reserve bank was to be established for the same.
• The Act of 1935 led to the foundation of the federal court, which came into existence in 1937.
• It also wished to establish separate public commissions at both the central and state levels.
• The federal court established at Delhi by this Act was the working court until the Supreme court came into existence. It had a judge accompanied by eight judges at maximum.
• The Act also proposed Railways and gave its authority to Federal railways. The authority of Federal Railways lay under the Governor General of India and was not answerable to any other power.
• It served as a milestone and paved the way for a responsible form of government in India. It was the last constitution given to India by the British before the country gained independence in 1947.

The Government of India Act of 1935 converted the government form of India into a federal form. The powers of the central and state were separated, and the state would run under the central government. This feature was strongly opposed for fear that the states would become slaves to the centre and the states’ powers reduced. Nevertheless, the Act became the basis for negotiation between the Indians and the British for independence.

Indian Independence Act 1947

The Indian Independence Act, 1947 was an act of the British Parliament that partitioned India into two independent dominions of India and Pakistan. It received the crown assent and entered into force on 18^th July 1947. The legislation was drafted by the Labour government of Clement Attlee. It was based on the Mountbatten Plan or the 3rd June Plan which was formulated after the leaders of the Indian National Congress and the Muslim League agreed to the recommendations of the Viceroy Lord Mountbatten. British suzerainty over the princely states was to end. These states could decide to join either India or Pakistan or remain independent. Pakistan became independent on 14^th August and India on 15^th August 1947. The Key Features of the Indian Independence Act, 1947 are as follows:

• The Act declared India as a sovereign and independent state.
• It also made provisions for the partition of the Indian state into two separate dominions of India and Pakistan on grounds of religious differences.
• The constitution framed by the Constituent Assembly would not be applicable to the areas which would go into Pakistan. These provinces would then decide on a separate constituent assembly.
• The position of the Secretary of States for India was abolished.
• The office of the Viceroy was also abolished and the Act initiated for the providence of two separate Governor-Generals to be appointed for the dominions of India and Pakistan on the advice of the British Cabinet. Muhammad Ali Jinnah was appointed Pakistan’s Governor-General and Lord Mountbatten became India’s.
• The Constituent Assemblies of both the dominions were authorised to formulate their respective constitutions and also to repeal any law of the British Parliament formulated for the Indian state, including the Independence Act itself.
• The Constituent Assemblies were empowered to act as legislative bodies for their respective dominions till the time they could formulate a constitution for their state.
• Until the new dominions’ constitutions would become effective, the heads of state would be the respective Governor-Generals who would continue to assent laws passed by the Constituent Assemblies in the name of the king.
• It granted authority to the princely states to join either of the dominions or remain independent. Over 560 states decided to merge with India.
• The governance of each dominion was to be done on the basis of the Government of India Act, of 1935.
• The Act assigned dual function of constituent and legislative to the Constituent Assembly.
• The Act declared its dominion legislature as a Sovereign Body.
• The British Monarch no longer had the authority to veto or ask for the bills of the Indian state.
• The Governor-General of each dominion had to act on the advice of the council.
• The British emperor would cease to use the title ‘Emperor of India’.

There were several developments after the transfer of power by the Independence Act. The Indian Constituent Assembly drafted the Indian Constitution in 1949 which finally got into effect on January 26, 1950, declaring India a republic. Pakistan, on the other hand, officially became a republic on March 23, 1956.

Conclusion:

The historical evolution of the Indian Constitution reflects a complex journey shaped by colonial experiences, nationalist aspirations, and the influence of global constitutional traditions. The Constitution of India, adopted on January 26, 1950, represents the culmination of a long process of constitutional development in the Indian subcontinent. Its roots can be traced back to the colonial era, beginning with the Regulating Act of 1773, which marked the first attempt by the British Parliament to regulate the East India Company’s rule in India. Over time, several other acts, including the Indian Councils Act of 1861, the Government of India Act of 1919, and the Government of India Act of 1935, progressively introduced limited self-governance, laying the groundwork for a more comprehensive constitutional framework.

The nationalist movement played a critical role in shaping the vision for an independent India’s Constitution. The demand for self-rule and the vision of a sovereign, democratic republic guided the deliberations of the Constituent Assembly, which was established in 1946. The Indian Constitution drew upon various global influences, including the British parliamentary system, the American Bill of Rights, the Irish Directive Principles, and the Canadian federal structure, blending these with India’s own socio-cultural context. The resulting document is a carefully crafted balance of rights and duties, federal and unitary principles, and justice and liberty.

Thus, the historical evolution of India’s Constitution underscores the country’s transition from a colonial state to an independent, democratic republic, embodying the aspirations of its people for justice, liberty, equality, and fraternity. The Constitution remains a living document, capable of adapting to the changing needs of society while maintaining the core principles that guided its formation.

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