Sambhav-2023

Approach

• Introduce the features of the constitution of India.
• Explain the various acts and regulations that bring inputs to the framing of the constitution of India
• Conclude suitably.

Introduction

• The Indian Constitution is unique in its contents and spirit. Though borrowed from almost every Constitution of the world, the Constitution of India has several salient features that distinguish it from the Constitutions of the other countries.
• Some of the salient features of the Constitution are like Lengthiest Written Constitution, Blend of Rigidity and Flexibility, and Drawn from Various Sources, etc.

Body

• The constitutional provisions and organization due to British India:
  • The Charter Act of 1853: It introduced, for the first time, local representation in the Indian (Central) Legislative Council. It is like today’s president’s nomination in the upper house of the parliament.
  • Indian Councils Act of 1861: It also gave recognition to the ‘portfolio’ system, (Like ministries) introduced by Lord Canning in 1859.
    • It empowered the Viceroy to issue ordinances (Article 123), without the concurrence of the legislative council, during an emergency.
  • Indian Councils Act of 1909: It enlarged the deliberative functions of the legislative councils at both the levels. For example, members were allowed to ask supplementary questions, move resolutions on the budget and so on.
    • It provided ground for future extension of the deliberative function of the legislative bodies.
  • Government of India Act of 1919: This Act is also known as Montagu-Chelmsford Reforms (Montagu was the Secretary of State for India and Lord Chelmsford was the Viceroy of India).
    • It has demarcating and separates the central and provincial subjects (7^th Schedule of the constitution).
    • It introduced, for the first time, bicameralism and direct elections in the country.
    • It provided for the establishment of a public service commission. Hence, a Central Public Service Commission was set up in 1926 to recruit civil servants.
  • Government of India Act of 1935: It was a lengthy and detailed document having 321 Sections and 10 Schedules.
    • It introduced bicameralism in six out of eleven provinces (Like today’s Legislative council of the states).
    • It provided for the establishment of a Reserve Bank of India to control the currency and credit of the country.
    • It provided for the establishment of Federal, Provincial Public Service Commission, also a Joint Public Service Commission for two or more provinces.
    • It provided for the establishment of a Federal Court (Supreme Court), which was set up in 1937.
• Under the Cabinet Mission Plan of 1946, the first time for the Constituent Assembly was established which framed the constitution of sovereign India. It was influenced from policies of British India like:
  • Federal structure borrowed from the GoI Act 1935 and institutions like Modern Police (as per Police Act, 1861), etc.

Conclusion

In the British India, the colonial rulers brought number of constitutional provisions and institutions in their own self-interest but eventually best of them are modified and used for the welfare and purpose of the Indian by the Indian.