History of Making of Indian Constitution

HISTORY OF MAKING OF INDIAN
CONSTITUTION
PRESENTED BY:
ANGELAA DASS M,
M.E ENVIRONMENTAL ENGINEERING.
WHAT IS A CONSTITUTION?
❖ It is a document of people’s faith and aspirations.
❖ Supreme law of land which enjoys special legal sanctity.
❖ Setting out the relations between the government and the people.
❖ It is a framework for political principles, procedures and powers of the government.

HISTORICAL EVOLUTION OF THE INDIAN CONSTITUTION:
✓ REGULATING ACT ------1773

✓ PITT’S INDIA ACT--------1784
✓ CHARTER ACT------------1833
✓ CHARTER ACT------------1853
✓ GOVERNMENT OF
INDIA ACT---------1858
✓ INDIAN COUNCIL’S
ACT------------1861
✓ INDIAN COUNCIL’S
ACT-----------1892
✓ MINTO-MORLEY
REFORMS------1909
✓ MONTAGUE-
CHELMSFORD REFORM-1919
✓ GOVT OF INDIA ACT------1935
✓ INDIAN INDEPENDENCE
ACT------------1947
REGULATING ACT OF--1773
• First time the British Parliament resorted to regulating the affairs of the East India Company.
• The Governor of Bengal was made the Governor-General of Bengal (Warren Hastings).
• An Executive Council of the Governor-General was created with 4 members.
• Supreme Court was established at Calcutta as the Apex Court in 1774.
• Prohibited company officials from engaging in private trade and from accepting gifts from Indians.
PITT’S INDIA ACT --1784
•Commercial and political functions of the company separated. The Court of Directors managed the commercial
activities while the Board of Control managed political affairs.
•The company territories in India were called ‘British possession in India’.
•Indian affairs came under the direct control of British.
CHARTER ACT--1833
•Governor-General of Bengal was designated the Governor-General of India (Lord William Bentinck).
•The legislative powers of the Bombay and Madras Presidencies were removed.
•This act ended the commercial activities of the company and it was transformed into an administrative body.
CHARTER ACT--1853
•The legislative and executive powers of the Governor-General’s Council were separated.
•A Central Legislative Council was created of 6 members out of which 4 were appointed by the provisional
governments of Madras, Bombay, Agra and Bengal.
•The Indian civil service was opened as a means to recruit officers for administration through open competition..
GOVERNMENT OF INDIA ACT---1858
•After the 1857 revolt, the rule of the company was ended and the British possessions in India came directly under
the British Crown.
•The office of the Secretary of State for India was created. He was assisted by a 15-member Council of India.
•The Indian administration was under his authority and the Viceroy was his agent. The Governor-General was
designated the Viceroy as well (Lord Canning).
•The Court of Directors and the Board of Control were abolished.
INDIAN COUNCIL ACT--1861
•Indians were given representation in the Viceroy’s Councils. 3 Indians entered the Legislative Council.
•Provisions were made for the entry of Indians in the Viceroy’s Executive council also as non-official members.
•Portfolio system was recognized.
•Decentralization initiated with the presidencies of Madras and Bombay being restored their legislative powers.
INDIAN COUNCIL ACT--1892
•Indirect elections (nominations) were introduced.

•Legislative Councils expanded. Gave more functions to the legislative councils such as the discussion of budget
and questioning the executive.
MINTO-MORLEY REFORMS--1909
•Direct elections to the legislative councils were introduced for the first time.
•Central Legislative Council became the Imperial Legislative Council.
•The number of members of the legislative council was increased from 16 to 60.
•The concept of the separate communal electorate was accepted.
•For the first time, an Indian was made a member of the Viceroy’s Executive Council. (Satyendra Prasad Sinha –
Law Member).
MONTAGUE CHELMSFORD REFORM---1919
•Central and provincial subjects were separated.

•Diarchy was introduced in the provincial governments with executive councillors being in charge of the reserved list
and the ministers in charge of the transferred list of subjects.
•The ministers were nominated from among the elected members of the legislative council and were responsible to
the legislature.
•A bicameral legislature was introduced for the first time at the centre. (Legislative council and legislative assembly
later to become Rajya Sabha and Lok Sabha respectively).
•It mandated 3 members of the Viceroy’s executive council to be Indians.
•This act provided for the first time, the establishment of a public service commission in India.
•This act extended the right to vote and with this, about 10% of the population acquired voting rights.
GOVERNMENT OF INDIA ACT---1935
•Subjects were divided between the center and the provinces. Centre was in charge of the Federal List, provinces in
charge of the Provincial List and there was a Concurrent List which both catered to.
•Diarchy was abolished at the provincial level and introduced at the center.
•A federal court was established and the Indian Council abolished.

•This act provided for the establishment of the RBI.
•This Act continued until it was replaced by the new Indian Constitution
INDIAN INDEPENDENCE ACT--1947
•India was declared independent and sovereign.

•The Viceroy and the Governors were made constitutional (nominal) heads.
•Set up responsible governments at the Centre and the provinces.
•Assigned both legislative and executive powers to the Constituent Assembly of India.
Here we have some questions for
better understanding of the
constitution:
✓ WHY
✓ UNIQUENESS
✓ FORMATION
✓ FUNCTION
WHY WE SHOULD HAVE A CONSTITUTION?
✓ A country needs a set of rules for coordination and cooperation of the society.
✓ Since INDIA is a diverse country, the rules should be common such that everyone can follow them.
✓ To specify who is having the power to make the decision.
✓ How much rules can government held on common people(up to which extent).
✓ To fulfil the aims of the society, then only the society will adhere the rules.
UNIQUENESS:
➢ Borrowed from all constitutions and clubbed them together.
➢ Adapted after examining, modifications, passing many amendments, placed to public opinion.
➢ Other countries constitution’s are adopted by referendum whereas our country took 3yrs for examining and
formation.
➢ Our constitution equally fragmented the powers.
US
IRELAND UK
CANADA
JAPAN AUSTRALIA
USSR
FORMATION OF CONSTITUTION
1935 NOVEMBER
JANUARY 24
1934 INC 1946 DECEMBER 9
1950(Final
M.N ROY AUTHORISED FORMATION OF 1946(1st meeting)
session)
IDEA CA
❖ M.N ROY –COMMUNIST, PIONEER OF
INDIA
▪ He was the first to give call/idea for the

constitution to be made.
• 1935- Indian National Congress authorised his idea.
• 1940-August Offer gave inprinciple approval(first level permission by the british for making of constitution
assembly.
• By the recommendation of the cabinet mission of 1946,elections were held for the formation of constituent
assembly, and it published the plan on MAY16-1946.
• British provinces----congress + Muslim majority.(indirect election)
• Princely states-----nomination
• Indirect election is adopted so as to represent members from all community
-ties.
• Thus constitution assembly was formed by the election based on cabinet British provinces=296
mission. Princely states=93
• Till 1946, India was not divided.(consists of both INDIA and PAKISTAN) TOTAL=389 Seats
• DECEMBER 9-1946---------1st meeting of constituent assembly with
undivided India, where the muslim league boycotted the meeting and
insisted on a separate state of PAKISTAN.
• After 1947, INDIA and PAKISTAN was separated.
• AUGUST-14 ,1947--------1st meeting after INDIA and PAKISTAN has
been divided.
SCENARIOS AT THE CONSTITUENT ASSEMBLY
Rajendra Prasad presiding over the constituent Nehru and other members at August 14 midnight
assembly. session.
FUNCTION:
1. The main function of the constitution assembly is to create the CONSTITUTION.
2. The CA has both constituent and legislative wings.
3. The Constitution body was headed by Dr SACHCHIDANAND SINHA for 2days.
4. Then on DECEMBER 11—1946, RAJENDRA PRASAD was elected as the president, with B.N Rau as
constitutional advisor.
5. The legislative body was headed by G.V Mavlankar.
6. Then by DECEMBER 13---1946,the objective resolution was made by Jawaharlal Nehru.
7. And on January 22, 1947 objective resolution got sanctioned.
8. By January 24—1950 , the final session was made and the constitution was formed and the National song,
National anthem, President of India was also elected on this day.
IMPORTANT FACTS:
a. Indian constitution is the longest written
constitution of the world.
b. It consists of 395 articles divided into 22
parts with 8 schedules(initially)and now it
has been updated to 448articles divided
into 25parts with 12schedules.
c. It took nearly 2yrs 11months and 18days
to write and enact the constitution.
d. It is a compilation of modification of
certain constitutions such as US, UK,
Canada ,USSR , Australia, Japan, Ireland.
ANY GUESSES?
1. WHO’S THE FATHER

OF CONSTITUTION?
2. WHO ACTUALLY
WROTE THE
CONSTITUTION OF
INDIA?
3. CONSTITUTION
DAY OF INDIA?
26TH NOVEMBER------CONSTITUTION DAY.
Bhimrao Ramji Ambedkar
Prem Behari Narain Raizada Prem Behari Narain Raizada

(Saxena)
“ “However good a Constitution may be, if those who are
implementing it are not good, it will prove to be bad.
However, bad a Constitution may be, if those implementing it
are good, it will prove to be good”.
B.R. AMBEDKAR
”
This Photo by Unknown Author is licensed under CC BY-NC-ND

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HISTORY OF MAKING OF INDIAN

❖ Supreme law of land which enjoys special legal sanctity.

❖ It is a framework for political principles, procedures and powers of the government.

✓ REGULATING ACT ------1773

PITT’S INDIA ACT --1784

INDIAN COUNCIL ACT--1861

•Indirect elections (nominations) were introduced.

•Central and provincial subjects were separated.

•A federal court was established and the Indian Council abolished.

INDIAN INDEPENDENCE ACT--1947

•India was declared independent and sovereign.

▪ He was the first to give call/idea for the

1. WHO’S THE FATHER

Bhimrao Ramji Ambedkar

Prem Behari Narain Raizada Prem Behari Narain Raizada

This Photo by Unknown Author is licensed under CC BY-NC-ND

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