Constitutional Framework Subscribe to our YouTube Channel – CivilsTap by EduTap for free, quality and regular content. Historical Background of Indian Constitution .................. 2 Provisions adopted from constitutions of Developments during Company Rule (1773-1857) different countries .............................................. 12 .............................................................................. 2 Balancing Rights and duties of the citizens ........ 13 Regulating Act of 1773 ............................................. 2 Directive Principles of State Policy ..................... 14 Pitt’s India Act of 1784 ............................................. 2 Adopting Parliamentary form of Government ... 14 Charter act of 1793 .................................................. 2 Integrated and Independent Judiciary ............... 15 Charter act of 1813 .................................................. 2 Universal Adult Franchise ................................... 16 Charter Act of 1833 .................................................. 3 System of Single Citizenship ............................... 16 Charter Act of 1853 .................................................. 3 System of local government- Panchayats and Developments during Crown rule (1858-1947) ... 3 municipalities ..................................................... 16 Government of India act 1858 ................................. 3 Independent agencies as bulwarks of constitution ............................................................................ 16 Indian council act of 1861 ........................................ 4 Emergency provisions ........................................ 17 Indian Council Act of 1892 ....................................... 4 Schedules of Indian Constitution ....................... 17 Indian Council Act of 1909 (Morley-minto reforms) 4 Preamble of Indian constitution .................................... 18 Government of india Act of 1919 (Montagu- Chelmsford Reforms) ............................................... 5 Components of Preamble .................................. 19 Government of India Act of 1935 ............................ 5 Source of its authority ........................................... 19 Indian Independence act of 1947 ............................ 6 Nature of Indian State ........................................... 19 Making of the Indian Constitution ................................... 7 Date of the adoption of Indian Constitution ......... 19 Demand for Independent Constituent Assembly 7 Objectives of the Indian constitution .................... 19 Cabinet Mission Plan for the Constituent Important judgements related to preamble ......... 20 assembly .............................................................. 7 Amendment of Indian Constitution ............................... 21 Changes made by the Indian Independence Act of Types of Amendments........................................ 21 1947 ......................................................................... 8 Procedure for amendment of Indian Constitution Working of the constituent Assembly ................. 8 ............................................................................ 22 Important Facts ........................................................ 8 Issues with the amendment procedure ............. 23 Objective Resolution ................................................ 8 Content of Amendments made so far ................ 23 Committees of the Constituent Assembly ............... 9 Doctrine of Basic Structure of the Indian Deliberations and Finalisation of Indian Constitution Constitution ........................................................ 24 .................................................................................. 9 Emergence of this Doctrine ................................... 24 Other functions performed by constituent assembly What is the doctrine of Basic Structure? ............... 25 ................................................................................ 10 MCQs for Practice .......................................................... 26 Criticism of Constituent Assembly ..................... 10 Answers & Explanations ................................................ 30 Features of indian constitution ...................................... 11 Lengthiest and bulkiest written constitution of the world ............................................................ 11 Constitution as living document ........................ 11 Mixture of Federalism and Unitarianism ........... 11 Visit: www.civilstap.com For Any Query Mail us: [email protected] or call us at - (+91)-8146207241 1 Subscribe to our YouTube Channel – CivilsTap by EduTap for free, quality and regular content. It restricted the Court of Directors to four-year HISTORICAL BACKGROUND terms. OF INDIAN CONSTITUTION The Act did not prove to be a long-term solution to concerns over the Company's affairs despite the . Basic framework of the Indian Constitution amending act of 1781, known as the Act of traces its legacy to British rule in India. Settlement. It provided for: . Various developments during British rule starting . Exemption of the Governor-General and his from Regulating Act, 1773 up to the Government Council from the jurisdiction of Supreme Court. of India Act, 1935 have greatly influenced our . It empowered the Governor-General Council to Constitution and Polity. Let us look at these frame regulations for the Provincial courts and developments in chronological order. councils. DEVELOPMENTS DURING COMPANY Further, Pitt's India Act was subsequently enacted in RULE (1773-1857) 1784 as a more radical reform. During this period, East India Company (EIC) handled PITT’S INDIA ACT OF 1784 the Indian affairs under the overall supervision of British Parliament. SEPARATING COMMERCIAL AND POLITICAL FUNCTIONS . It started the system of double government. REGULATING ACT OF 1773 Court of directors of EIC were allowed to manage the commercial/financial affairs, however a six It was for the first time that British Government member board of controllers was set up for tried to overhaul the affairs of East India Company’s political activities. Indian administration. It strengthened the Parliamentary control over Company. Important INCREASING CONTROL OVER EIC provisions of this Act were: . Board of Control was also empowered to supervise the civil, military and revenue affairs CHANGES IN ADMINISTRATION of British possessions in India. Governor of Bengal was designated as the “Governor General of Bengal”. Warren Hastings CHANGES IN EXECUTIVE COUNCIL was the first such Governor General. The Executive council of the Company in India . It created an Executive Council of four persons was reduced to three members. to assist Governor General. There were series of Charter Acts passed from 1793 BEGINNING OF CENTRALISATION to 1853 in an interval of 20 years each. It subsumed the presidencies of Bombay and Madras under Bengal’s control. Thus it laid the CHARTER ACT OF 1793 foundations of Central Administration in India. ADMINISTRATIVE AND JUDICIAL REFORMS NEW JUDICIAL SYSTEM . The Governor-General was given more powers. Supreme Court was established at Fort William He could override his council’s decision under at Calcutta. It comprised of one chief justice and certain circumstances. three other judges. This Act separated the revenue administration and the judiciary functions of the Company. REFORMS IN EIC . It prohibited the employees of East India CHARTER ACT OF 1813 Company from engaging in any private/personal trade and accepting gifts or bribes from locals. Charter act of 1813 ended the monopoly of the EIC in India, however the company’s monopoly in trade Visit: www.civilstap.com For Any Query Mail us: [email protected] or call us at - (+91)-8146207241 2 Subscribe to our YouTube Channel – CivilsTap by EduTap for free, quality and regular content. with China and trade in tea with India was kept BEGINNING OF LOCAL ASSOCIATION intact. Local representation was introduced in the new Legislative council created under this Act. Four POWERS TO LOCAL GOVERNMENT members were appointed by the local . The Act also empowered the Local Governments (provincial) Governments of Madras, Bombay, in India to impose taxes on persons subject to the Bengal and Agra. jurisdiction of Supreme Court. This was for the first time, that this Charter Act, unlike other charter acts, did not fix any limit for the CHARTER ACT OF 1833 continuance of the administration of the company in . From now Governor General of Bengal was India. designated as “Governor General of India”. Lord In the wake of Revolt of 1857 (also known as the First William Bentick was the first Governor-General war of Independence) the company’s rule came to of India. an end. From now onwards the British crown . For the first time, the Governor-General's assumed the direct responsibility to govern India. Government was known as the 'Government of India' and his council as the 'India Council'. DEVELOPMENTS DURING CROWN RULE (1858-1947) CENTRALISATION AT ITS PEAK . The Governor-General and his executive council GOVERNMENT OF INDIA ACT 1858 were given exclusive legislative powers for the whole of British India. Thus it deprived the It was also known as the Act for Good Government Governor of Bombay and Madras of their of India. It made little changes in the system of legislative powers. administration prevalent in India, however the REFORMS IN EIC manner of supervision and control of Indian . It ended the activities