CONSTITUTIONAL DEVELOPMENT IN INDIA [Autosaved].pptx

the supreme law of the country, establishing the framework for the government, its organizations, and the rights and duties of citizens

1. CONSTITUTION of India : its journey of development , including current changes PEDAGOGY OF POLITICAL SCIENCE PERSENTED TO: DR. SAVITRI SINGH PERSENTED BY : RAJIYA NAVENDU SHIVRAJ ISRAIL GROUP 2

2. Constitutional development in India. The Constitutional Development started with the regulating act 1773. And it can be divided into two parts: Phase 1- Constitutional Development during East India Company 1773-1857 Phase 2- Constitutional development during British Crown Rule. 1857-1947.

3. Constitutional Development – East India Company Rule (1773 – 1857) Regulating Act of 1773 EIC Control and regulate by British Govt. Governor General of Bengal. It recognised f irst time the political and administrative function of the company It laid the foundation of central administration in India. Executive Council of Governor General. Supreme Court in Calcutta. Governors of Bombay and Madras under Governor General of Bengal

4. Amending Act, 1781 To rectify the errors made in the Regulating Act of 1773, To D elineate the jurisdiction of the Supreme Court and the Governor General in Council. The Supreme Court’s jurisdiction was confined to Calcutta;

5. Pitt’s India Act, 1784 Company’s territories as ‘British Possessions’. Commercial: Court of Directors Political: Board of Control. System of Dual Government. Veto to Governor General.

6. The Charter Act of 1793 It extended the trade monopoly of the Company in India for another period of twenty years. Royal approval was made mandatory for the appointment of the Governor- General, the Governors and the commander-in-chief. Separation of company’s functions into the revenue administration and the judiciary functions .

7. Charter Act, 1813 • End of Company’s trade monopoly. • Exception: Trade with China and tea trade. • Rs. 1 lakh for education. • Regulations of councils of Madras, Bombay, Calcutta in British Parliament.

8. Charter Act, 1833 Governor General of Bengal as Governor General of India. Governor General of India: All civil and military powers. Company’s trade monopoly completely ended . Laws to be called ‘Acts'.

9. Charter Act, 1853 Separate functions of Governor General’s council - legislative and executive. Six members in Indian Legislative Council (ILC). Local representation in ILC. Open competition in civil services.

10. During the Direct Rule of the Crown (1858–1947) Government of India Act, 1858 Governor General of India Viceroy of India. System of dual government ended. Doctrine of lapse ended. Secretary of State.

11. Indian Councils Act, 1861 D ecentralization of power. Introduced representative institutions Few Indians were nominated by the viceroy as non-official members of his expanded council. 1. The Raja of Banaras, 2. The Maharaja of Patiala and 3. Sir Dinkar Rao P ortfolio system set up by Lord Canning laid the foundations of cabinet government in India, New legislative councils for North- Western Frontier Provinces (NWFP), Bengal and Punjab were established.

12. Indian Councils Act, 1892 • Power to discuss budget, but not to vote budget. • Indirect election for central legislative council. • Legislative Council: Power to make or repeal laws.

13. Indian Councils Act, 1909 (Morley-Minto Reforms) Element of election introduced Legislative Council enlarged Members in Executive Council increased Indians in Executive Council System of communal representation

14. Government of India Act, 1919 (Montague-Chelmsford Reforms) • Diarchy in Provincial Councils. Upper house and lower house. • Provincial subjects reserved and transferred. • Bicameralism and direct election : First time. • Office of the High Commissioner to India. • Communal representation to Sikhs, Indian Christians, Anglo- Indians and Europeans. • Separated provincial budgets from the Central budget. • E stablishment Central Public Service Commission in 1926.

15. Government of India Act, 1935 The  GoI Act of 1935  provided for the establishment of an All-India Federation consisting of the Provinces and the Princely States as units, though the envisaged federation never came into being. Three Lists: The Act divided the powers between the Centre and the units into items of three lists, namely the Federal List, the Provincial List , and the Concurrent List. The Federal List for the Centre consisted of 59 items, the Provincial List for the provinces consisted of 54 items and the Concurrent List for both consisted of 36 items. The residuary powers were vested with the Governor-General.

16. The Act abolished the Dyarchy in the Provinces and introduced ‘Provincial Autonomy’. It provided for the adoption of Dyarchy at the Centre. Introduced bicameralism in 6 out of 11 Provinces. These six Provinces were Assam, Bengal, Bombay, Bihar, Madras, and the United Province. Provided for the establishment of the Federal Court. Abolished the Council of India.

17. Indian Independence Act, 1947 India as independent and sovereign state. Partition of India. Office of Viceroy abolished. Princely states: Option to join India or Pakistan .

18. Key Timelines – Constitution of Independent India The Constitution of India was drawn up by the Constituent Assembly. Constituent Assembly took almost 3 years to complete the task of drafting the Constitution for Independent India. Constituent Assembly  met for the first time on Dec. 9, 1946.  On 14th August 1947; there was a proposal for the creation of committees.

19. The Drafting Committee was established on 29th August 1947 and the Constituent Assembly starts the process of writing the Constitution  Dr Rajendra Prasad as the President prepared the Draft of the new constitution of Independent India in February 1948.  The Constitution was adopted on Nov. 26, 1949  The Constitution came into effect on Jan. 26,1950, making India a Republic.

20. On that day, the Assembly ceased to exist, transforming itself into the Provisional Parliament of India until a new Parliament was constituted in 1952. It is the longest written constitution in the world containing 395 Articles and 12 Schedules .

21. The first meeting of the Constituent Assembly was held on 9th December, 1946 with Sachidanand Sinha as the interim President. Objective Resolution was moved by Jawaharlal Nehru . The Drafting Committee was appointed, with Dr. B. R. Ambedkar as the Chairman. The Constituent Assembly took almost 2 Years, 11 Months and 18 days to complete its task. On 26th November, 1949, the people of India through the Constituent Assembly adopted, enacted and gave themselves the Constitution of India . The Constitution of India came into force on 26th January, 1950 .

22. Constitution Drafting committee consisted of seven members Viz .: Dr. B. R. Ambedkar (Chairman) N. Gopalaswami Ayyangar Alladi Krishnaswamy Ayyar Dr. K. M. Munshi Syed Mohammad Saadullah N Madhava Rau (He replaced B. L. Mitter who resigned due to ill-health) T. T. Krishnamachari (He replaced D. P. Khaitan who died in 1948)

23. Indian Independence Act, 1947 India as independent and sovereign state. Partition of India. Office of Viceroy abolished. Princely states: Option to join India or Pakistan.

24. MAKING OF THE INDIAN CONSTITUTION The first meeting of the Constituent Assembly was held on 9th December, 1946 with Sachidanand Sinha as the interim President. Objective Resolution was moved by Jawaharlal Nehru . The Drafting Committee was appointed, with Dr. B. R. Ambedkar as the Chairman. The Constituent Assembly took almost 2 Years, 11 Months and 18 days to complete its task. On 26th November, 1949, the people of India through the Constituent Assembly adopted, enacted and gave themselves the Constitution of India. The Constitution of India came into force on 26th January, 1950 .

25. Criticism of the Constituent Assembly Not a Representative Body Not a Sovereign Body Time Consuming Dominated by Congress Lawyer–Politician Domination Dominated by upper caste Hindus

26. Important Amendments to the Constitution of India 1st Amendment Act of 1951 • Added 9th Schedule to defend and protect the land reform and other laws incorporated in it from the judicial review. • Added three more grounds of limitations on freedom of speech and expression, viz., public order, incitement to an offence and friendly relations with foreign states. Also, made the restrictions ‘reasonable’ and therefore, justiciable in nature.

27. 7th Amendment Act, 1956 Abolished the existing categorization of states into four categories i.e., Part A, Part B, Part C and Part D states and re- organised them into 14 states and 6 Union Territories. 21st Amendment Act, 1967 Added Sindhi as one of the languages in the 8th Schedule. 42th Amendment Act, 1976 (‘Mini Constitution’) Added 3 new key words (i.e., socialist, secular and integrity) in the Preamble of the Constitution. • Added Fundamental Duties (FDs) by the citizens (new Part IV A).

28. Made the President bound by the various advice of the cabinet. It provided for administrative tribunals and tribunals for other issues (Added Part XIV A). Freeze the seats in the Lok Sabha and state legislative assemblies on the basis of 1971 census till 2001. Added 3 new key Directive Principles viz., participation of workers in the management of industries, equal justice and free-legal aid and protection of environment, forests and wildlife. Facilitated the declaration of national emergency in a part of territory of India. Transferred five subjects from the State List (SL) to the Concurrent List (CL), viz., forests, education, weights and measures, protection of wild animals and birds and administration of justice, Constitution and organisation of all courts with the exception of the Supreme Court and the high courts.

29. 44th Amendment Act of 1978 1. Empowered the President to send back once the advice of the cabinet for review and reconsideration. However, the reconsidered advice is to be binding on the President. 2. Substituted the term ‘internal disturbance’ by ‘armed rebellion’ in respect of national emergency. 3. Made the President to announce a national emergency only on the written approval of the cabinet. 4. Removed the right to property from the Fundamental Rights (FRs) and made it only a legal right. 5. Provided that the Fundamental Rights promised by Articles 20 and 21 of the Constitution cannot be suspended during a national emergency.

30. 52th Amendment Act, 1985 (Anti-Defection Law) Provided for disqualification of representatives of Parliament and state legislatures on the ground of defection and included a new 10th Schedule containing the details in this regard. 61st Amendment Act,1989 Decreased the age of voting from 21 years to 18 years for the elections of Lok Sabha and state legislative assembly . 101st Amendment Act, 2016 Introduction of Goods and Services Tax (GST).

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