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Book No. – 006 (Indian Polity)
Book Name – Introduction to the Indian Constitution (D.D. Basu)
What’s Inside the Chapter? (After Subscription)
1. Utility of a Historical Retrospect
2. Government of India Act, 1858
3. Indian Councils Act, 1861
4. Indian Councils Act, 1892
5. Indian Councils Act, 1909 (Morley-Minto Reforms)
6. Government of India Act, 1915
7. Government of India Act, 1919 (Montagu-Chelmsford Reforms)
8. Government of India Act, 1919
9. Towards Further Reforms
10. Communal Award and its Consequences
11. Main Features of the Government of India Act, 1935
12. Changes under the Indian Independence Act, 1947
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The Historical Background of the Indian Constitution
Chapter – 1
Utility of a Historical Retrospect
The very fact that the Constitution of the Indian Republic is the product not of a political revolution but of the research and deliberations of a body of eminent representatives of the people who sought to improve upon the existing system of administration, makes a retrospect of the constitutional development indispensable for a proper understanding of this Constitution.
Practically, the only respect in which the Constitution of 1949 differs from the constitutional documents of the preceding two centuries is that, while the latter had been imposed by an imperial power, the Republican Constitution was made by the people themselves, through their sovereign Constituent Assembly.
This explains the majesty and ethical value of the new instrument and also the significance of those of its provisions which were engrafted upon the pre-existing system.
Government of India Act, 1858
Our survey begins with 1858, when the British Crown assumed sovereignty over India from the East India Company, and Parliament enacted the first statute for governance under direct British rule – the Government of India Act, 1858 (21 & 22 Vict, c 106).
This Act was dominated by the principle of absolute imperial control without any popular participation. The subsequent constitutional history reflects a gradual relaxation of imperial control and the evolution of responsible government.
Features of the 1858 Act
Centralised Administration – The system was unitary and rigidly centralised. Provinces were governed by Governors or Lieutenant-Governors with Executive Councils, but these Provincial Governments were mere agents of the Government of India, functioning under the superintendence and control of the Governor-General.
Concentration of Powers – All authority, civil and military, executive and legislative, was vested in the Governor-General in Council, who was responsible to the Secretary of State.
Absolute Control of Secretary of State – He had superintendence, direction and control over all acts, operations, and revenues of India. Subject to his ultimate responsibility to the British Parliament, the Governor-General acted as his agent.
Bureaucratic Administration – The machinery was entirely bureaucratic, with no concern for public opinion in India.