Historical Underpinnings of the Indian Constitution

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The historical underpinnings of the Indian Constitution are deeply rooted in the colonial history of India and the various legislative acts passed by the British Parliament. Understanding these historical contexts is crucial for UPSC IAS exam preparation. Here is a detailed overview:

Historical Underpinnings of the Indian Constitution

Early Legislative Acts

  1. Regulating Act of 1773:
    • The first attempt by the British Parliament to regulate the affairs of the East India Company.
    • Established the position of Governor-General of Bengal and created an Executive Council.
    • Set up the Supreme Court at Calcutta.
  2. Pitt’s India Act of 1784:
    • Distinguished between the commercial and political functions of the East India Company.
    • Established a Board of Control to oversee the company’s affairs.
  3. Charter Acts (1813, 1833, 1853):
    • The Charter Act of 1813 ended the trade monopoly of the East India Company.
    • The Charter Act of 1833 centralized the administration and made the Governor-General of Bengal the Governor-General of India.
    • The Charter Act of 1853 introduced a competitive examination for the Indian Civil Services.

Government of India Acts

  1. Government of India Act 1858:
    • Following the Revolt of 1857, the British Crown took over the administration of India from the East India Company.
    • Established the office of the Secretary of State for India.
  2. Indian Councils Acts (1861, 1892):
    • The Indian Councils Act of 1861 introduced a legislative council with Indian representation.
    • The Indian Councils Act of 1892 expanded the legislative councils and introduced indirect elections.
  3. Morley-Minto Reforms (Indian Councils Act 1909):
    • Introduced separate electorates for Muslims.
    • Expanded the legislative councils and introduced direct elections.
  4. Montague-Chelmsford Reforms (Government of India Act 1919):
    • Introduced dyarchy in the provinces, separating subjects into reserved and transferred lists.
    • Established a bicameral legislature at the center.
  5. Government of India Act 1935:
    • Proposed an all-India federation and introduced provincial autonomy.
    • Established a federal court and expanded the franchise.
    • This act served as a blueprint for many provisions in the Indian Constitution.

Indian Independence Act 1947

  • The act declared India as an independent and sovereign state.
  • It provided for the partition of India and the creation of two independent dominions, India and Pakistan.
  • The Constituent Assembly was given the task of drafting the new Constitution.

Constituent Assembly

  • The Constituent Assembly of India was formed in 1946 and consisted of 389 members, later reduced to 299 after partition.
  • Dr. Rajendra Prasad was elected as the President of the Assembly, and Dr. B.R. Ambedkar was appointed as the Chairman of the Drafting Committee.
  • The Assembly took nearly three years to draft the Constitution, holding 11 sessions over 165 days.

Key Influences and Borrowed Features

The Indian Constitution drew inspiration from various sources:

  • British Constitution: Parliamentary system, rule of law, legislative procedure.
  • US Constitution: Fundamental rights, judicial review, independence of the judiciary.
  • Canadian Constitution: Federal system with a strong central government.
  • Irish Constitution: Directive Principles of State Policy.
  • French Constitution: Ideals of liberty, equality, and fraternity.

Conclusion

The historical underpinnings of the Indian Constitution reflect a blend of colonial legacies and global influences, adapted to the unique socio-political context of India. This comprehensive framework has enabled the Indian Constitution to serve as a robust and dynamic document guiding the world’s largest democracy. Understanding these historical contexts is essential for a nuanced appreciation of the Indian Constitution, especially for UPSC IAS exam aspirants.

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