historical perspective

historical perspective ....

1. Constitutional Law of India - 1
Module 1
Topic 4
Historical Perspective
By Gagan K

2. Historical Perspective
•Constitution of India came into force on
January 26, 1950
•Prior to this, India governed by
Government of India Act, 1935 (effective
from 1937)
•India was a part of British Crown. And the
Crown was the sovereign

3. Government of India Act, 1935
•Organisational Structure
•On the top was the British Parliament and Crown who
were supreme
•Under the Parliament and Crown was a “Secretary of
State for India” who was a British Cabinet Member
•Under this Secretary of state, one Governor General was
placed. He was appointed by the Crown
•Governor general was expected to listen to the ministers,
however he was free to reject their advice
•Under the Governor general were the governors of the
provinces. Governors were expected to listen to the
ministers elected by way of limited franchise. However,
the governor was free to reject their advice!

4. In result…
1.Govt of India Act, 1935 envisaged a
ministerial form of Govt., BUT in practice,
it was not followed.
2.A federal structure of formed
3.But not fully functional
4.Many states were ruled by native rulers
This resulted in the increased struggle for
freedom by the Indians.

5. Constitutional Process
•Constitutional Assembly debates for
making of the Constitution commenced on
December 9, 1946
•Major problem between Indian National
Congress (INC) and Muslim League
•As a result, Indo-Pak partition
•Constitution of India was finalised and
adopted on November 26, 1949

6. Constitutional Law of India slides by Gagan
Krishnadas is licensed under a
Creative Commons Attribution-
NonCommercial-ShareAlike
4.0 International License
[email protected]

7. Constitutional Law of India slides by Gagan
Krishnadas is licensed under a
Creative Commons Attribution-
NonCommercial-ShareAlike
4.0 International License
[email protected]