Sambhav-2024

• Start the answer with a discussion that sets a context for the question.
• Discuss the key milestones in the constitutional development of India from 1773 to 1935
• Discuss the limitations of Constitutional development during this era.
• Conclude suitably.

Introduction

The constitutional journey of India from 1773 to 1935 is a narrative of evolving governance structures and incremental strides in citizen rights. From the East India Company's early control to the blueprint set by the Government of India Act (1935), each milestone shaped the nation's political destiny.

Body

The Key Milestones in constitutional development with their respective impacts:

• The Regulating Act of 1773: The 1773 Regulating Act brought about the British government’s involvement in Indian affairs in the effort to control and regulate the functioning of the East India Company. It laid the groundwork for a centralized governance model.
  • It marked the initial foray into constitutional regulation, establishing a Supreme Court in Calcutta
• The Charter Act of 1813: A sum of one lakh rupees was to be set aside for the revival, promotion, and encouragement of literature, learning, and science among the natives of India, every year.
  • This introduced the State’s responsibility for education.
• Indian Councils Act of 1861: The Act marked an advance in that the principle of representatives of non-officials in legislative bodies became accepted; laws were to be made after due deliberation and as pieces of legislation they could be changed only by the same deliberative process.
  • Law-making was thus no longer seen as the exclusive business of the executive.
  • The portfolio system introduced by Lord Canning laid the foundations of cabinet government in India.
• Morley-Minto Reforms (1909): The number of members in the central legislative council was raised from 16 to 60. It enlarged the deliberative functions of the legislative councils at both levels.

• It provided for the association of Indians with the executive councils of the Viceroy and Governors.
• It introduced a system of communal representation for Muslims by accepting the concept of ‘separate electorate’.

• Montagu-Chelmsford Reforms (1919): It relaxed the central control over the provinces by demarcating and separating the central and provincial subjects.
  • It introduced, for the first time, bicameralism and direct elections in the country.
  • It provided for the establishment of a public service commission.
• Government of India Act (1935): It provided for the establishment of an All-India Federation consisting of provinces and princely states as units.It introduced bicameralism in six out of eleven provinces.
  • It provided for the establishment of a Reserve Bank of India to control the currency and credit of the country.

Limitations of Constitutional Developments :

• Dominance of Imperial Interests:The early constitutional efforts were driven more by the East India Company's desire for efficient administration and revenue collection rather than the welfare of the Indian populace.
• Limited Self-Governance:The constitutional reforms introduced during this period were often incremental.The gradual shift towards responsible government did not fully address the power imbalance between the rulers and the ruled.
• Limited Citizen Representation: Governance structures were designed to maintain British control, with limited regard for meaningful citizen participation.
• Religious and Social Divisions: The introduction of communal electorates inadvertently deepened religious and social divisions in India’s political landscape.
• Neglect of Social and Economic Rights: The constitutional developments during this period did not adequately address the social and economic rights of the Indian population.
  • Issues such as land reforms, economic justice, and social equality received limited attention in the legislative frameworks.

Conclusion

The progression of constitutional development in India marked significant strides in governance and citizen rights, however, its trajectory was impeded by the pervasive influence of imperial interests. These constraints served as the foundation for subsequent movements and struggle that ultimately steered India toward independence and paved the way for a more inclusive constitutional framework.