Evolution of Indian Constitution After 1857

Evolution of Indian Constitution After 1857

Administrative & Legislative Reforms After 1857

Government of India Act, 1858The 

• 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.

Key Provisions

• It provided 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.

Administrative Structure

• 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.

Accountability

• All the authority for the governance of India was vested in the Governor General-in-Council l 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 while transacting legislative business as a Legislative Council. But this Legislative Council was neither representative nor deliberative in any sense.

• It decentralised 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 the Provincial Legislative Councils, while the non-official members of the Provincial Councils were to be nominated by certain local bodies such as universities, district boards, municipalities, zamindars, etc.

• The Councils were to have the power to discuss the Budget and address questions to the Executive.

Morley-Minto Reforms and the Indian Councils Act, 1909

Background

Reforms recommended by the then Secretary of State for India (Lord Morley) and the Viceroy (Lord Minto) were implemented by the Indian Councils Act, 1909.

Key Changes

• 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 Councillors).

• It provided for the first time for the association of Indians with the executive councils of the Viceroy and Governors. Satyendra Prasad Sinha became the first Indian to join the Viceroy's executive council. He was appointed as the Law Member.

• It also provided for the separate representation of presidency corporations, chambers of commerce, universities, Zamindars, Sikhs, Indian Christians, Anglo-Indians, and Europeans.

• 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 also introduced in the Legislative Council at the centre, 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 the Act legalised 'communalism' and Lord Minto came to be known as the 'Father of Communal Electorate.'

The Government of India Act, 1935

It was a lengthy and detailed document having 321 Sections and 10 Schedules.

Federation & Provinces

• 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.

Territorial Changes

• The Act separated Burma from India, and two new provinces of Orissa and Sind were created.

Legislative Powers

• The Act divided legislative powers between the Centre and the Provinces.

Executive Authority of Provinces

• The executive authority of a Province was also exercised by a Governor on 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.

Executive Authority of the Centre

• The executive authority of the Centre was vested in the Governor General (on behalf of the Crown).

• Counsellors or Council of Ministers responsible to the Legislature were not appointed, although such provisions existed in the Act of 1935.

Legislature

• The Central Legislature was bicameral, consisting of the Federal Assembly and the Council of State.

• In six provinces, the legislature is bicameral, comprising a Legislative Assembly and a Legislative Council. In other provinces, the Legislature was unicameral.

Governor General’s Powers

• 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 legislation, concurrently with those of the Legislature.

• On some subjects, a bill or an amendment could be introduced without the Governor General's previous sanction.

Division of Powers

A three-fold division in the Act of 1935:

• Federal List – exclusive powers of the Federal Legislature.

• Provincial List – exclusive powers of the Provincial Legislature.

• Concurrent List – competence of both Federal and Provincial Legislatures.

The Governor General was empowered to authorise either the Federal or the Provincial Legislature to enact a concerning any matter not enumerated in these Lists.

Dominion Status

• Dominion Status, promised by the Simon Commission in 1929, was not conferred by the Government of India Act, 1935.

Cripps Mission (1942)

• 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 the 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 Provinces, the British Government could enter into separate constitutional arrangements.

Cabinet Mission Plan (1946)

• In March 1946, Lord Attlee sent a Cabinet Mission to India consisting of Lord Pethick Lawrence, Sir Stafford Cripps, and Mr. A.V. Alexander.

• The objective of the Mission was to help India achieve its independence as early as possible and to set up a Constituent Assembly.

• The Cabinet Mission rejected the claim for a separate Constituent Assembly and a separate State for Muslims.

According to the Cabinet Mission Plan:

• There was to be a Union of India, comprising both British India and the States, with jurisdiction over Foreign Affairs, Defence, and Communication.

• All residuary powers were 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 required the majority support of representatives of each of the two major communities, as well as the majority of all members present and voting.

• The provinces could form groups with executives and legislatures, and each group could determine provincial subjects.

The Mountbatten Plan (1947)

• The plan for the 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

• 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 the future Constitution of the country.

Interim Government (Sept. 2, 1946)

(As per the proposal of the Cabinet Mission in 1945)

First Cabinet of Independent India (1947)

Key Outcomes After Independence

• From 15th August, 1947, India ceased to be a Dependency, and the suzerainty of the British Crown over the Indian States and treaty relations with Tribal Areas lapsed.

• In a referendum on 6 July 1947, Sylhet (Assam) decided to join East Bengal (Pakistan).

• The office of the Secretary of State for India was abolished.

• The Governor-General and the Governors lost extraordinary powers of legislation to compete with the Legislature.

• The Central Legislature of India ceased to exist on August 14, 1947.

• The Constituent Assembly itself was to function as the Central Legislature with complete sovereignty.

Final Thoughts

The period after 1857 marked a turning point in Indian governance as the British Crown took direct control of administration. Through successive reforms and Acts, India witnessed the gradual transformation of its political and legal framework. The Government of India Act, 1858, centralized authority, but later reforms like the Indian Councils Act, 1861 and 1892, opened small spaces for Indian participation.

The Morley-Minto Reforms of 1909 introduced communal representation, shaping future politics in profound ways. The Government of India Act, 193,5, became the most comprehensive blueprint of governance before independence, laying many foundations later adopted in free India.

Movements such as the Cripps Mission, Cabinet Mission, and Mountbatten Plan highlighted the shifting dynamics between British power and Indian aspirations. To understand this journey in its entirety, it is equally important to trace the evolution of the constitution before 1857, which laid the groundwork for later reforms.