Indian Polity Quiz: Indian Constitution: Historical Underpinnings, Evolution & Making of the Constitution | 1 June, 2021

Regulating act of 1773 was of great constitutional importance as

• It was the first step taken by the British Government to control and regulate the affairs of the East India Company in India;
• It recognized, for the first time, the political and administrative functions of the Company; and
• It laid the foundations of central administration in India.

Source: Laxmikanth.

In a bid to rectify the defects of the Regulating Act of 1773, the British Parliament passed the Amending Act of 1781, also known as the Act of Settlement.

The features of this Act were as follows:

• It exempted the Governor-General and the Council from the jurisdiction of the Supreme Court for the acts done by them in their official capacity.
• Similarly, it also exempted the servants of the company from the jurisdiction of the Supreme Court for their official actions.
• It excluded the revenue matters and the matters arising in the collection of revenue from the jurisdiction of the Supreme Court.

• It provided that the Supreme Court was to have jurisdiction over all the inhabitants of Calcutta.
• It also required the court to administer the personal law of the defendants i.e., Hindus were to be tried according to the Hindu law and Muslims were to be tried according to the Mohammedan law.
• It laid down that the appeals from the Provincial Courts could be taken to the Governor-General-in-Council and not to the Supreme Court.
• It empowered the Governor-General- in – Council to frame regulations for the Provincial Courts and Councils.

Source: Laxmikanth.

Pitts India Act, 1784 distinguished between the commercial and political functions of the Company.

Source: Laxmikanth.

The features of Charter Act of 1813 were as follows:

• It abolished the trade monopoly of the company in India i.e., the Indian trade was thrown open to all British merchants.

• However, it continued the monopoly of the company over trade in tea and trade with China.
• It asserted the sovereignty of the British Crown over the Company’s territories in India.
• It allowed the Christian missionaries to come to India for the purpose of enlightening the people.

Source: Laxmikanth.

On December 13, 1946, Jawaharlal Nehru moved the historic ‘Objectives Resolution’ in the Assembly. It laid down the fundamentals and philosophy of the constitutional structure. It read:

• “This Constituent Assembly declares its firm and solemn resolve to proclaim India as an Independent Sovereign Republic and to draw up for her future governance a constitution.
• Wherein the territories that now comprise British India, the territories that now form the Indian States and such other parts of India as are outside India and the States as well as other territories as are willing to be constituted into the independent sovereign India, shall be a Union of them all; and

• wherein the said territories, whether with their present boundaries or with such others as may be determined by the Constituent Assembly and thereafter according to the law of the Constitution, shall possess and retain the status of autonomous units together with residuary powers and exercise all powers and functions of Government and administration save and except such powers and functions as are vested in or assigned to the Union or as are inherent or implied in the Union or resulting there from; and
• where in all power and authority of the sovereign independent India, its constituent parts and organs of Government are derived from the people; and
• Where in shall be guaranteed and secured to all the people of India justice, social, economic and political; equality of status of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association and action, subject to law and public morality; and
• Where in adequate safeguards shall be provided for minorities, backward and tribal areas, and depressed and other backward classes; and
• Where by shall be maintained the integrity of the territory of the Republic and its sovereign rights on land, sea and air according to justice and the law of civilized nations; and

• This ancient land attains its rightful and honored place in the world and makes its full and willing contribution to the promotion of world peace and the welfare of mankind.”

This Resolution was unanimously adopted by the Assembly on January 22, 1947. It influenced the eventual shaping of the constitution through all its subsequent stages. Its modified version forms the Preamble of the present Constitution.

Source: Laxmikanth.

Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas – Sardar Patel.

Source: Laxmikanth.

The structural part of the Constitution is, to a large extent, derived from the Government of India Act of 1935.

Source: Laxmikanth.

Indian Constitution has been variously described as ‘federal in form but, unitary in spirit’, ‘quasi-federal’ by K.C. Wheare, ‘bargaining federalism’ by Morris Jones, ‘co-operative federalism’ by Granville Austin, ‘federation with a centralizing tendency’ by Ivor Jennings and so on.

Source: Laxmikanth.

The parliamentary system is also known as the ‘Westminster’ Model of Government, responsible Government and Cabinet Government. The Constitution establishes the parliamentary system not only at the Centre, but also in the states.

The features of parliamentary government in India are:

• Presence of nominal and real executives;

• Majority party rule,
• Collective responsibility of the executive to the legislature,
• Membership of the ministers in the legislature,
• Leadership of the Prime Minister or the Chief Minister,
• Dissolution of the lower House (Lok Sabha or Assembly).

Source: Laxmikanth.

According to Dr. B.R. Ambedkar, the Directive Principles of State Policy is a ‘novel feature’ of the Indian Constitution.

• They are enumerated in Part IV of the Constitution.
• They can be classified into three broad categories – socialistic, Gandhian and liberal intellectual.

Source: Laxmikanth.