Cabinet Mission plan

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 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 the Muslim.

According to Cabinet Mission Plan there was to be a Union of India, comprising both British India and the States, and having jurisdiction over the subjects of Foreign Affairs, Defense 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 as well as a majority of all the members 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 3^rd June, 1947.

The Indian independence Act, 1947 of the British parliament.

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

Ø  The then Secretary  of State for Indian Mr. E.S. Montagu and the Governor General Lord Chelmsford Formulated Proposals for the Government of India Act, 1919.

Ø  Responsible Government in the Provinces was to be introduced, without impairing, the responsibility of the Governor (through the Governor General), for the administration of the Province, by resorting to device known as ‘Dyarchy’ or dual government.

Ø  The subjects of administration were to be divided into two categories Central and Provincial.

Ø  Central Subjects were those which were exclusively kept under the control of the Central Government.

Ø  The provincial subjects were sub-divided into ’transferred’ ‘reserved’ subjects.

Ø  The ‘ transferred subjects’ were to be administered by the Governor with the aid or ministers responsible to the Legislative Council in which the proportion of elected members was raised to 70 percent.

Ø  The ‘reserved subjects’ were to be administered by the Governor and his executive Council with no responsibility to the Legislative.

Ø  The previous Central control over the provinces in 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 by the provinces themselves.

Ø  The provincial budget was separated from the central budget.

Ø   The provincial legislature was empowered to present its own budget and levy its own taxes relating to the provincial sources of revenue.

The government of India Act, 1935

Ø  The Act of 1935 prescribed a federation, taking the provinces and the Indian States (native states) as units.

Ø  It was optional for the Indian States to join the Federation, and since they never joined, the Federation never came into being.

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

Ø  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.

Ø  The Governor was required to act with the advice of Ministers responsible to the Legislature.

Ø  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.

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

Ø  Counselors or Council of Ministers responsible to the Legislature was nto appointed although such provisions existed in the Act of 1935.

Ø  The Central Legislature was bi-cameral, consisting of the Federal Assembly and the Council of State.

Ø  In six provinces, the legislature was bi-cameral, comprising a Legislative Assembly and a Legislative Council. In other provinces, the Legislature was uni-cameral.

Ø  A part form the Governor General’s power of veto, a Bill passed by the Central Legislature was also subject to veto by the Crown.

Ø  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.

Ø  The Governor General Had independent powers of legislation, concurrently with those of the Legislature.

Ø  On some subjects no bill or amendment could be introduced in the Legislature without the governor-General’s previous sanction.

Ø  A three –fold division in the Act of 1935- There was a Federal List over which the Federal Legislature had exclusive powers of legislation. There was a Provincial List over which the Federal Legislature had exclusive powers of legislation. There was a provincial List of matters over which the Provincial Legislature had exclusive jurisdiction. There was a Concurrent List also over which both the Federal and Provincial Legislature had competence.

Ø  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.

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

Cripps Mission

Ø  In March 1942, Sir Stafford Cripps, a members of the British cabined came with a draft declaration on the proposals of the British Government.

Ø  These proposals were to be a adopted at the end of the Second World War provided the Congress and the Muslim League could accept them.

Ø  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 India 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.

Morley-Minto Reforms and the Indian Councils Act, 1909

Ø  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.

Ø  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.)

Ø  The size of provincial Legislative Councils was enlarged by including elected non-official members so that the official majority was gone.

Ø  An element of election was also introduced in the Legislative Council at the centre also but here the official majority there was maintained.

Ø  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.

Ø  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

Ø  This act was passed to consolidate the provisions of the preceding Government of Indian Acts.

Administrative & Legislative Reforms After 1857

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 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.

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 the 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 of the British parliament.

Indian Councils Act, 1861

Evolution of Indian Constitution

Charter Act of 1793

Ø  Main provisions of the previous Acts were consolidated in this Act.

Ø  Provided for the payment of salaries of the members of the Board of Controllers from Indian revenue.

Ø  Courts were given the power to interpret rules and regulations.

Charter Act of 1813

Ø  Trade monopoly of the East India Company came to an end.

Ø  Powers of the three Councils of Madras, Bombay and Calcutta were enlarged; they were also subjected to greater control of the British Parliament.

Ø  The Christian Missionaries were allowed to spread their religion in India.

Ø  Local autonomous bodies were empowered to levy taxes.

Charter Act of 1833

Ø  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.

Ø  The council got full powers regarding revenue, and a single budget for the country was prepared by the Governor General.

Ø  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.

Ø  For the first time the Governor- General’s Government was known as the ‘Government of India’ and his Council as the ‘Indian Council’.

INDIAN POLITY AND CONSTITUTION

Constitution: Constitution is the foundational law of a country which ordains the fundamental principles on which the government (or the governance) of that country is based. It lays down the framework and principal functions of various organs of the government as well as the modalities of interaction between the government and its citizens. With the exception of the United Kingdom (U.K), almost all democratic countries possess a written constitution. India also possesses an elaborate written constitution which was enacted by a constituent assembly specifically set up for the purpose.

Our Constitution: Our present constitution – the first Constitution of India framed and given to themselves by the people of India was adopted by the Constituent Assembly on 26 November, 1949. It came into full operation with effect from 26 January, 1950. The Constitution as originally adopted had 22 parts, 395 articles and 8 schedules. Its present text is as amended from time to time.

       Evolution of Indian Constitution

                Although the systems of ancient India do have their reflections in the Constitution of India, the direct sources of the Constitution lie in the administrative and legislative developments of the British period. A concise and chronological description of the Acts, documents and events that culminated in the framing of the world’s largest written Constitution is given here.

Administrative & Legislative Reforms Before 1857