Constitution of India:

Historical Setting

Basic ideas

Constitutional making is always a

break from the past.

The British government took over the

governance of India from the East

India Company in 1858.

Morley- Minto Reforms-1909

Increased the representation of Indians in the Legislative Councils, though not in the Executive Councils.

Members of the Legislative Councils could engage in discussions on the budget, the could propose alterations in the budget, though the government was not bound by such resolution.

Foreign affairs and military matters could not be discussed.

Shortcomings of the Morley-

Minto Reforms No true representation of people.

Dominant groups found an entry. Ultimate power and control was with the

executive in respect of legislative and financial matters.

The Secretary of State was the ultimate authority deciding matters so even the Provincial and Central governments had no real say.

The government was not responsible to the people.

No Indian member in the executive council.

Government of India Act,

1919 First comprehensive constitutional

document of India.

Four limbs

1. Central Executive

2. Central Legislature

3. Provincial Executive

4. Provincial Legislature

Central Executive

Headed by the Governor-General in

Council.

All council decisions were to be taken

by majority, however, the Governor-

General could overrule the majority if

the matter affected the “safety,

tranquility or interests of British India”.

No Indian member in the Central

Executive.

Central Legislature

Was called the “Indian Legislature”

consisted of the Governor General

and the two houses namely, the

Council of State and the Legislative

Assembly.

Council-60 Members

Assembly-140 Members

They had wide powers to make laws

but certain matter required the prior

permission of the executive.

Contd.

The Governor-General could prevent the proceedings of any bill by certifying that it would affect the tranquility of British India, conversely he could pass a legislative rejected by the Legislature.

For Financial matters, the approval of the legislature was required but the GG had the final say on this matter as well.

Every bill to become a law required the assent of the GG, which he could withhold.

Provincial Executive

Dyarchy or dual government was

established.

All legislative subjects assigned to the

provinces were divided into reserved

and transferred subjects.

Reserved subjects were the slightly

more important subjects compared to

the transferred subjects.

Contd.

For the reserved subjects, the

provinces were governed by the

Governor in Council (at the Centre)

and for the transferred subjects there

was a Governor along with his

councilors who would administer the

act.

Provincial Legislatures

Also called Legislative Councils

Members represented various

communities according to a fixed

quota.

Electoral Qualifications were based on

age, soundness of mind etc.

They were broadly subject to the

same limitations which the Central

Legislature had.