Historical Background

Constitutional Framework & Historical background

What is a Constitution?

A Constitution is the supreme law of a country. It defines:

  • Structure of government
  • Powers of different organs
  • Rights and duties of citizens
  • Relationship between Centre and States

Important Fact: India has the longest written Constitution in the world.

Historical Background (Constitutional History before 1947)

1. Regulating Act, 1773

FeatureDetail
Year1773
SignificanceFirst step by British to regulate affairs of East India Company.
Key Provisions• Governor of Bengal became Governor-General of Bengal (Warren Hastings).
• Established Supreme Court at Calcutta.
• Subordinate Presidencies of Madras and Bombay.

WBCS PYQ: First step by British to regulate East India Company?
✔ Regulating Act, 1773

2. Pitt’s India Act, 1784

FeatureDetail
Year1784
SignificanceEstablished dual control (Board of Control + Court of Directors).
Key Provisions• Board of Control (6 members) created to control civil, military, revenue affairs.
• Company’s commercial and political functions separated.

WBCS PYQ: Dual control system established by?
✔ Pitt’s India Act, 1784

3. Charter Act, 1833

FeatureDetail
Year1833
SignificanceGovernor-General of Bengal became Governor-General of India (Lord William Bentinck).
Key Provisions• End of Company’s commercial functions (became purely administrative body).
• Law Commission established.
• First attempt at centralization.

WBCS PYQ: Who became first Governor-General of India?
✔ Lord William Bentinck (under Charter Act, 1833)

4. Charter Act, 1853

FeatureDetail
Year1853
SignificanceSeparated legislative and executive functions of Governor-General’s Council.
Key Provisions• Indian Civil Services (ICS) open to Indians (theoretically).
• Legislative Council had 6 members.
• Central Legislative Council created.

5. Government of India Act, 1858

FeatureDetail
Year1858
SignificanceEnd of East India Company’s rule. Direct rule of British Crown began.
Key Provisions• Secretary of State for India (a British minister) created.
• India Council (15 members) to assist Secretary of State.
• Governor-General became Viceroy (Lord Canning).

WBCS PYQ: Who became first Viceroy of India?
✔ Lord Canning

WBCS PYQ: Act of 1858 is also known as?
✔ Act for the Good Government of India

6. Indian Councils Act, 1861

FeatureDetail
Year1861
SignificanceDecentralization – restored legislative powers to Bombay and Madras Presidencies.
Key Provisions• Portfolio system introduced by Lord Canning.
• Viceroy could issue ordinances during emergency.

7. Indian Councils Act, 1892

FeatureDetail
Year1892
SignificanceIndirect elections introduced.
Key Provisions• Discussion of budget allowed (but no voting).
• Nomination of some Indians to Councils.

8. Indian Councils Act, 1909 (Morley-Minto Reforms)

FeatureDetail
Year1909
SignificanceSeparate electorate for Muslims introduced.
Key Provisions• Lord Minto (Viceroy) and John Morley (Secretary of State).
• Muslims could vote separately for Muslim candidates.
• First Indian member in Governor-General’s Executive Council (S.P. Sinha).

WBCS PYQ: Separate electorate for Muslims introduced by?
✔ Morley-Minto Reforms, 1909

WBCS PYQ: Morley-Minto Reforms is also known as?
✔ Indian Councils Act, 1909

9. Government of India Act, 1919 (Montagu-Chelmsford Reforms)

FeatureDetail
Year1919
SignificanceDyarchy (Dual Rule) introduced in provinces.
Key Provisions• Edwin Montagu (Secretary of State) and Lord Chelmsford (Viceroy).
• Dyarchy: Reserved subjects (law, police) vs Transferred subjects (education, health).
• Bicameral legislature at Centre (Council of State + Legislative Assembly).
• Separate electorate extended to Sikhs, Christians, Anglo-Indians.
• Public Service Commission established (1926).

WBCS PYQ: Dyarchy introduced by?
✔ Government of India Act, 1919

10. Government of India Act, 1935 (Most Important for WBCS)

FeatureDetail
Year1935
SignificanceBiggest source of Indian Constitution.
Key Provisions• All India Federation (proposed but never implemented).
• Provincial autonomy (dyarchy abolished at provincial level).
• Dyarchy at Centre (introduced for first time).
• Residuary powers with Viceroy.
• Federal Court established (1937).
• RBI established (1935).
• Three lists (Federal, Provincial, Concurrent).

WBCS PYQ: Biggest source of Indian Constitution?
✔ Government of India Act, 1935

WBCS PYQ: Provincial autonomy introduced by?
✔ Government of India Act, 1935

WBCS PYQ: Federal Court established by which act?
✔ Government of India Act, 1935

11. Indian Independence Act, 1947

FeatureDetail
Year1947
SignificanceMade India and Pakistan independent dominions.
Key Provisions• End of British rule (15 August 1947).
• Mountbatten became first Governor-General of free India.
• Constituent Assembly became the sovereign legislative body.

WBCS PYQ: Indian Independence Act passed in?
✔ 1947

Timeline Summary (WBCS Revision Box)

YearActKey Feature
1773Regulating ActFirst regulation, Supreme Court at Calcutta
1784Pitt’s India ActDual control
1833Charter ActGovernor-General of India
1853Charter ActSeparated legislative & executive
1858GOI ActCrown rule, Viceroy
1861Indian Councils ActPortfolio system
1892Indian Councils ActIndirect elections
1909Morley-Minto ReformsSeparate electorate for Muslims
1919Montagu-Chelmsford ReformsDyarchy in provinces
1935GOI ActProvincial autonomy, Federal Court
1947Indian Independence ActIndependence from British

Making of the Indian Constitution

Constituent Assembly

The Constitution was framed by the Constituent Assembly.

Formation

  • Constituent Assembly constituted in 1946
  • Based on the Cabinet Mission Plan (1946)

Election of Members

  • Members were:
  • Indirectly elected
  • By Provincial Legislative Assemblies
  • Through proportional representation

WBCS PYQ: Members of Constituent Assembly were elected by?
✔ Provincial Assemblies

Strength of Constituent Assembly

TimeStrength
Original Membership389
After Partition (1947)299

WBCS PYQ: Original strength?
✔ 389

Important Officers

PositionName
Temporary ChairmanSachchidananda Sinha
Permanent Chairman (President)Rajendra Prasad
Drafting Committee ChairmanDr. B.R. Ambedkar

Dr. B.R. Ambedkar is known as: 👉 Father of Indian Constitution

WBCS PYQ: Who prepared the Constitution?
✔ Dr. B.R. Ambedkar

Drafting Committee

DetailInformation
Formed29 August 1947
ChairmanDr. B.R. Ambedkar
Total Members7

Adoption and Enforcement

EventDateReason
Constitution Adopted26 November 1949–
Constitution Enforced26 January 1950To honour Purna Swaraj Day (1930)

WBCS PYQs

  • Constitution adopted? → 26 Nov 1949
  • Constitution enforced? → 26 Jan 1950

Time Taken

DetailTime
Time taken2 years, 11 months, 18 days
Sessions11 Sessions
Meeting days166 Days

Sources of Indian Constitution

Major Source

Government of India Act, 1935 – Largest source of the Constitution.

WBCS PYQ: Biggest source?
✔ Government of India Act, 1935

Features Borrowed from Other Countries

CountryFeatures Borrowed
United KingdomParliamentary Government, Rule of Law, Cabinet System, Single Citizenship
United StatesFundamental Rights, Judicial Review, Independence of Judiciary, Impeachment of President
IrelandDirective Principles of State Policy (DPSP)
CanadaStrong Centre, Residuary Powers
AustraliaConcurrent List, Joint Sitting
USSR (Russia)Fundamental Duties, Five Year Plans
GermanyEmergency Provisions
South AfricaAmendment Procedure
FranceRepublic, Liberty, Equality, Fraternity

WBCS PYQs

  • DPSP borrowed from? → Ireland
  • Five Year Plans borrowed from? → USSR
  • Parliamentary System borrowed from? → UK

Nature of Indian Constitution

Federal Features

  • Dual Government
  • Written Constitution
  • Supremacy of Constitution
  • Independent Judiciary
  • Division of Powers

Unitary Features

  • Single Citizenship
  • Strong Centre
  • Emergency Powers
  • Governor appointed by Centre

Quasi-Federal

India is neither purely federal nor purely unitary.

D.D. Basu’s View: “The Constitution is neither purely federal nor purely unitary.”

WBCS PYQ: Who said this?
✔ D.D. Basu

Union of States

Article 1: India is “A Union of States”

WBCS PYQ: India is described as?
✔ Union of States

Rigidity and Flexibility

Indian Constitution is:

  • ✔ Partly Rigid
  • ✔ Partly Flexible

Reason: Some amendments need simple majority; others need special majority.

Important One-Liners for WBCS

QuestionAnswer
Regulating Act1773
Pitt’s India Act1784
Charter Act (Gov. General of India)1833
Charter Act (Separated legislative & executive)1853
GOI Act (Crown rule, Viceroy)1858
Indian Councils Act (Portfolio system)1861
Morley-Minto Reforms1909
Montagu-Chelmsford Reforms1919
GOI Act (Biggest source)1935
Indian Independence Act1947
Constituent Assembly formed1946
Original Members389
Members after Partition299
Drafting Committee formed29 Aug 1947
Drafting Committee ChairmanDr. B.R. Ambedkar
Constitution Adopted26 Nov 1949
Constitution Enforced26 Jan 1950
DPSP Borrowed FromIreland
Five Year Plans Borrowed FromUSSR
Parliamentary System Borrowed FromUK
India Described AsUnion of States
Nature of ConstitutionQuasi-Federal
Constitution isPartly Rigid & Partly Flexible

WBCS Revision Box (Historical Background + Constitution Making)

🔹 1773 → Regulating Act (First step)
🔹 1784 → Pitt's India Act (Dual control)
🔹 1833 → First Governor-General of India
🔹 1858 → First Viceroy (Lord Canning)
🔹 1909 → Separate electorate for Muslims
🔹 1919 → Dyarchy in provinces
🔹 1935 → Biggest source of Constitution
🔹 1946 → Constituent Assembly formed
🔹 389 → Original Constituent Assembly Members
🔹 299 → After Partition
🔹 26 Nov 1949 → Constitution adopted
🔹 26 Jan 1950 → Constitution enforced
🔹 GOI Act 1935 → Biggest Source
🔹 Ireland → DPSP
🔹 USSR → Five Year Plans
🔹 UK → Parliamentary System
🔹 Article 1 → Union of States