Historical Background
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Evolution and Making of the Indian Constitution
1.1 Evolution of the Indian Constitution
Concept
The Indian Constitution did not emerge in a vacuum — many of its administrative and legal structures trace directly to British-era legislation. UPSC frequently tests which Act introduced which feature (e.g., dyarchy, bicameralism, federal scheme), so treat this as a "feature-attribution" topic rather than pure chronology.
Key Legislative Milestones
| Act/Event | Year | Key Contribution |
|---|---|---|
| Regulating Act | 1773 | First step towards British parliamentary control over East India Company; created office of Governor-General of Bengal; established Supreme Court at Calcutta (1774) |
| Pitt's India Act | 1784 | Established a Board of Control; distinguished commercial and political functions of the Company |
| Charter Act | 1833 | Governor-General of Bengal became Governor-General of India (first: Lord William Bentinck); ended Company's commercial monopoly; centralized legislative power |
| Charter Act | 1853 | Introduced separate legislative functions for Governor-General's council; began the practice of open competition for civil service |
| Government of India Act | 1858 | Ended East India Company rule after the 1857 revolt; transferred power to the British Crown; introduced the post of Secretary of State for India |
| Indian Councils Act | 1861 | Introduced representative institutions — Indians nominated to legislative councils for the first time; began decentralization |
| Indian Councils Act | 1892 | Expanded legislative councils' size and functions; introduced indirect elections (limited) |
| Indian Councils Act (Morley-Minto Reforms) | 1909 | Introduced separate electorates for Muslims — first instance of communal representation |
| Government of India Act (Montagu-Chelmsford Reforms) | 1919 | Introduced dyarchy (dual government) in provinces — subjects divided into "reserved" and "transferred"; introduced bicameralism and direct elections at the central level |
| Government of India Act | 1935 | The most significant precursor — proposed an All-India Federation, abolished dyarchy in provinces and introduced provincial autonomy, introduced dyarchy at the Centre, established a Federal Court (1937). Roughly 250 of the 395 articles and 8 schedules of the current Constitution derive substantially from this Act. |
| Indian Independence Act | 1947 | Ended British rule; partitioned British India into India and Pakistan; made the Constituent Assembly of each dominion a fully sovereign body |
Common Traps
- Government of India Act, 1935 is the single most-borrowed source — UPSC often tests this via "match the feature to its source" questions (federal scheme, judiciary, public service commissions, emergency provisions all trace here).
- Don't confuse the 1909 Act (separate electorates) with the 1919 Act (dyarchy in provinces) — both are frequently swapped in distractor options.
- The 1935 Act's All-India Federation was never actually implemented (princely states didn't join in sufficient numbers), but provincial autonomy was implemented (1937 provincial elections).
Deeper Look: Key Features Introduced by Each Act (Expanded)
Charter Act, 1813: Ended the Company's trade monopoly in India (except tea and trade with China); allowed Christian missionaries to propagate their faith; provided a sum for promoting education in India — a precursor act sometimes tested alongside 1833/1853.
Indian Councils Act, 1861: Initiated the process of decentralization by restoring legislative powers to the Bombay and Madras Presidencies; provided for a Legislative Council for Bengal (1862), North-Western Provinces (1886), Punjab (1897); introduced the "portfolio system" foreshadowing the Cabinet system.
Indian Councils Act, 1892: Increased the number of additional (non-official) members in the Central and provincial legislative councils; gave councils the power to discuss the budget and address questions to the executive — but no real financial control.
Government of India Act, 1919 (Montagu-Chelmsford Reforms) — Expanded:
- Relaxed central control over provinces by demarcating central and provincial subjects (previously all under central control).
- Provincial subjects were further split into "transferred" (administered by the Governor with ministers responsible to the legislature) and "reserved" (administered by the Governor without such responsibility) — this is the "dyarchy" (rule of two).
- Introduced bicameralism and direct elections for the first time at the Central level (Central Legislative Assembly = lower house; Council of State = upper house).
- Provided for the establishment of a Public Service Commission (leading to the setup of the Central Public Service Commission in 1926) — a direct textual/institutional precursor to today's UPSC.
- Extended separate electorates to Sikhs, Indian Christians, Anglo-Indians, and Europeans, in addition to Muslims.
Government of India Act, 1935 — Expanded:
- Provided for an All-India Federation consisting of British Indian provinces and princely states as units — never came into operation because a sufficient number of princely states did not join.
- Abolished dyarchy in the provinces and introduced dyarchy at the Centre instead (though the central dyarchy, like the federation, never actually came into effect).
- Introduced provincial autonomy — provinces became separate legal entities, administration run by governors with ministers responsible to provincial legislatures (this part was implemented, with elections held in 1937).
- Provided for the adoption of a system of separate communal electorates for depressed classes, women, and labour, in addition to religious communities.
- Established the Reserve Bank of India (1935), a Federal Court (1937), a Federal Public Service Commission, and Provincial Public Service Commissions.
- Extended the principle of separation of powers and provided for emergency powers for the Governor-General.
The 1937 Provincial Elections and the Path to Independence
Congress ministries formed in most provinces after the 1937 elections (under the provincial autonomy scheme) but resigned in 1939 in protest against India's inclusion in World War II without consultation. The August Offer (1940), Cripps Mission (1942), Quit India Movement (1942), Wavell Plan/Shimla Conference (1945), and finally the Cabinet Mission Plan (1946) form the chain of events leading directly to the Constituent Assembly's formation — UPSC occasionally tests this chronological chain, so know the sequence even if detailed content isn't required.
1.2 Making of the Constitution
The Constituent Assembly
Formation: Constituted under the Cabinet Mission Plan, 1946 (not directly elected by universal adult franchise — members were elected by the provincial legislative assemblies, and some represented princely states by nomination).
Composition: Originally 389 members (292 from British Indian provinces, 4 from Chief Commissioner's provinces, 93 from princely states). After Partition, membership reduced to 299.
First Meeting: 9 December 1946. Dr. Sachchidananda Sinha was the temporary/provisional chairman; Dr. Rajendra Prasad was elected permanent President on 11 December 1946.
Objectives Resolution: Moved by Jawaharlal Nehru on 13 December 1946; adopted 22 January 1947. It laid down the fundamental philosophy of the constitutional structure and later formed the basis of the Preamble.
Key Committees of the Constituent Assembly
| Committee | Chairman |
|---|---|
| Drafting Committee | Dr. B.R. Ambedkar |
| Union Powers Committee | Jawaharlal Nehru |
| Union Constitution Committee | Jawaharlal Nehru |
| Provincial Constitution Committee | Sardar Vallabhbhai Patel |
| Steering Committee | Dr. Rajendra Prasad |
| Advisory Committee on Fundamental Rights, Minorities, etc. | Sardar Vallabhbhai Patel |
| Rules of Procedure Committee | Dr. Rajendra Prasad |
| States Committee | Jawaharlal Nehru |
Constitutional Advisor: Sir B.N. Rau — prepared the initial draft, which was then revised extensively by the Drafting Committee.
Additional Facts on the Constituent Assembly (Expanded)
- Sessions: The Constituent Assembly held 11 sessions over 2 years, 11 months, and 18 days, sitting for a total of 165 days, of which 114 days were spent specifically discussing the Draft Constitution.
- Cost: The making of the Constitution is estimated to have cost approximately ₹64 lakh (a figure occasionally tested as trivia).
- Women members: The Assembly included 15 women members, including Sarojini Naidu, Vijaya Lakshmi Pandit, Hansa Mehta, Durgabai Deshmukh, and Rajkumari Amrit Kaur.
- Legal Advisor role: While Sir B.N. Rau was the Constitutional Advisor who prepared the initial draft, the Drafting Committee (7 members, chaired by Ambedkar) refined this into the Draft Constitution presented to the Assembly on 4 November 1947.
- Members of the Drafting Committee (7 total): Dr. B.R. Ambedkar (Chairman), N. Gopalaswami Ayyangar, Alladi Krishnaswami Ayyar, Dr. K.M. Munshi, Syed Mohammad Saadullah, N. Madhava Rau (replaced B.L. Mitter), T.T. Krishnamachari (replaced D.P. Khaitan after his death).
- Last session: The Assembly's final session was held on 24 January 1950, two days before the Constitution came into force, during which members signed the Constitution and the National Anthem (Jana Gana Mana) and National Song (Vande Mataram) were formally addressed.
- The Constituent Assembly also functioned as India's first (provisional) Parliament until the first general elections were held in 1951–52.
Timeline of Adoption
| Event | Date |
|---|---|
| Constituent Assembly's first sitting | 9 December 1946 |
| Objectives Resolution adopted | 22 January 1947 |
| Drafting Committee constituted | 29 August 1947 |
| Draft Constitution submitted to the Assembly | 4 November 1947 |
| Constitution adopted by the Constituent Assembly | 26 November 1949 |
| Constitution came into force | 26 January 1950 |
Why 26 January? The date was chosen to commemorate the Purna Swaraj (Complete Independence) declaration made by the Indian National Congress on 26 January 1930 at the Lahore Session (1929), presided over by Jawaharlal Nehru.
Time taken: The Constitution took 2 years, 11 months, and 18 days to be framed.
Key facts on adoption: On 26 January 1950, India also became a sovereign democratic republic; Dr. Rajendra Prasad was elected the first President of India on this date.
Sources of the Indian Constitution (Borrowed Features)
| Source | Features Borrowed |
|---|---|
| Government of India Act, 1935 | Federal scheme, office of Governor, judiciary, public service commissions, emergency provisions |
| British Constitution | Parliamentary government, rule of law, legislative procedure, single citizenship, Cabinet system, prerogative writs |
| US Constitution | Fundamental Rights, judicial review, independence of judiciary, impeachment of President, removal of Supreme Court/High Court judges |
| Irish Constitution | Directive Principles of State Policy, nomination of members to Rajya Sabha, method of election of President |
| Canadian Constitution | Federation with a strong Centre, residuary powers vesting with the Centre, appointment of state Governors by the Centre |
| Australian Constitution | Concurrent List, freedom of trade/commerce, joint sitting of two Houses of Parliament |
| Weimar Constitution (Germany) | Suspension of Fundamental Rights during Emergency |
| French Constitution | Republic, ideals of liberty, equality, fraternity in the Preamble |
| South African Constitution | Procedure for constitutional amendment, election of Rajya Sabha members |
| Soviet (USSR) Constitution | Fundamental Duties, ideal of justice (social, economic, political) in the Preamble |
| Japanese Constitution | Procedure established by law |
Common Traps
- Directive Principles → Irish Constitution (frequently confused with British/US origin).
- Fundamental Duties → USSR (Soviet) Constitution, added later via the 42nd Amendment (1976), NOT part of the original 1950 Constitution.
- The Constituent Assembly was not elected by universal adult suffrage — a very commonly tested distractor.
- Original Constitution had 395 Articles, 22 Parts, and 8 Schedules; it currently has grown due to amendments (parts, articles, and schedules have been added/renumbered over time — always verify current figures separately as these change with amendments).
Solved Example (UPSC Prelims-Format MCQ)
Q1. With reference to the Government of India Act, 1935, consider the following statements:
- It introduced provincial autonomy.
- It provided for an All-India Federation that was fully implemented before independence.
- It established a Federal Court in India.
Which of the statements given above is/are correct? (a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3
Answer: (c) 1 and 3 only — Provincial autonomy was implemented (1937 elections); the Federal Court was established in 1937. However, the All-India Federation scheme was never implemented because an insufficient number of princely states acceded to it before independence intervened.
Q2. The concept of Directive Principles of State Policy in the Indian Constitution was borrowed from the Constitution of: (a) United Kingdom (b) United States of America (c) Ireland (d) Canada Answer: (c) Ireland
Practice Set (Exam-Format MCQs)
Q1. Which Act first introduced separate electorates for Muslims in India? (a) Indian Councils Act, 1892 (b) Indian Councils Act, 1909 (c) Government of India Act, 1919 (d) Government of India Act, 1935 Answer: (b) — The Morley-Minto Reforms (Indian Councils Act, 1909) introduced separate electorates for Muslims.
Q2. The system of "dyarchy" was first introduced at the provincial level by: (a) Government of India Act, 1909 (b) Government of India Act, 1919 (c) Government of India Act, 1935 (d) Indian Independence Act, 1947 Answer: (b)
Q3. Who was the Chairman of the Drafting Committee of the Constituent Assembly? (a) Jawaharlal Nehru (b) Sardar Vallabhbhai Patel (c) Dr. B.R. Ambedkar (d) Dr. Rajendra Prasad Answer: (c)
Q4. The Objectives Resolution, which later formed the basis of the Preamble, was moved in the Constituent Assembly by: (a) Dr. B.R. Ambedkar (b) Jawaharlal Nehru (c) Dr. Rajendra Prasad (d) Sardar Vallabhbhai Patel Answer: (b)
Q5. The Indian Constitution was adopted by the Constituent Assembly on: (a) 15 August 1947 (b) 26 November 1949 (c) 26 January 1950 (d) 9 December 1946 Answer: (b) — Adopted 26 November 1949; came into force 26 January 1950.
Q6. Consider the following pairs (feature — source constitution):
- Fundamental Duties — USSR
- Concurrent List — Australia
- Impeachment of President — United Kingdom
Which of the pairs given above is/are correctly matched? (a) 1 only (b) 1 and 2 only (c) 2 and 3 only (d) 1, 2 and 3 Answer: (b) — Impeachment of the President was borrowed from the US Constitution, not the UK.
Q7. Who among the following was NOT a member of the Drafting Committee of the Constituent Assembly? (a) N. Gopalaswami Ayyangar (b) Alladi Krishnaswami Ayyar (c) Sardar Vallabhbhai Patel (d) K.M. Munshi Answer: (c) — Patel chaired other committees (Provincial Constitution Committee, Advisory Committee on Fundamental Rights/Minorities) but was not a member of the 7-member Drafting Committee.
Q8. The Reserve Bank of India was established under which legislative Act? (a) Government of India Act, 1919 (b) Government of India Act, 1935 (c) Indian Independence Act, 1947 (d) Reserve Bank of India Act, 1949 Answer: (b) — Established in 1935 under the framework of the Government of India Act, 1935 (via the RBI Act, 1934, operationalized in 1935).
Q9. Which of the following features was borrowed from the Weimar Constitution of Germany? (a) Fundamental Duties (b) Suspension of Fundamental Rights during Emergency (c) Directive Principles of State Policy (d) Concurrent List Answer: (b)
Q10. How many sessions did the Constituent Assembly hold before finalizing the Constitution? (a) 5 (b) 8 (c) 11 (d) 15 Answer: (c)
Q11. Who prepared the original/initial draft of the Constitution as Constitutional Advisor, before it was revised by the Drafting Committee? (a) Dr. B.R. Ambedkar (b) Sir B.N. Rau (c) K.M. Munshi (d) Jawaharlal Nehru Answer: (b)
Q12. The Cabinet Mission Plan, under which the Constituent Assembly was constituted, was proposed in which year? (a) 1942 (b) 1945 (c) 1946 (d) 1947 Answer: (c)
Q13. Consider the following statements about the Government of India Act, 1919:
- It introduced dyarchy in the provinces.
- It provided for the establishment of a Public Service Commission.
- It introduced universal adult suffrage for the first time.
Which of the statements given above is/are correct? (a) 1 and 2 only (b) 2 and 3 only (c) 1 only (d) 1, 2 and 3 Answer: (a) — Statement 3 is incorrect; universal adult suffrage was introduced only by the Indian Constitution (1950), not any earlier colonial-era Act — elections under British rule always used a restricted, property/education-based, and communal franchise.
Q14. Who was the temporary/provisional Chairman of the Constituent Assembly before Dr. Rajendra Prasad was elected as the permanent President? (a) Sir B.N. Rau (b) Dr. Sachchidananda Sinha (c) Jawaharlal Nehru (d) C. Rajagopalachari Answer: (b)
Q15. Which of the following bodies functioned as India's provisional/first Parliament until the 1951–52 general elections? (a) The Central Legislative Assembly (b) The Constituent Assembly (c) The Federal Court (d) The Imperial Legislative Council Answer: (b)
Q16. The term "dyarchy" refers to: (a) A two-chamber legislature (b) Division of subjects into "reserved" and "transferred" categories with differing degrees of ministerial responsibility (c) A dual-currency financial system (d) Joint rule by the Governor-General and the Viceroy Answer: (b)
Q17. Match the following Committees of the Constituent Assembly with their Chairmen:
- Union Constitution Committee — A. Sardar Vallabhbhai Patel
- Provincial Constitution Committee — B. Jawaharlal Nehru
- Drafting Committee — C. Dr. B.R. Ambedkar
(a) 1-B, 2-A, 3-C (b) 1-A, 2-B, 3-C (c) 1-C, 2-A, 3-B (d) 1-B, 2-C, 3-A Answer: (a)
Q18. Which Act is credited with establishing the principle of separate communal electorates for the first time? (a) Indian Councils Act, 1892 (b) Indian Councils Act, 1909 (c) Government of India Act, 1919 (d) Government of India Act, 1935 Answer: (b)
Q19. The concept of "Residuary Powers" vesting with the Union, as found in the Indian Constitution, is modelled on the constitution of: (a) United States (b) Canada (c) Australia (d) Ireland Answer: (b)
Q20. Consider the following statements about the Constituent Assembly:
- It included women members.
- All its members were directly elected by adult suffrage.
- It also functioned as a provisional Parliament after independence.
Which of the statements given above is/are correct? (a) 1 and 3 only (b) 2 and 3 only (c) 1 only (d) 1, 2 and 3 Answer: (a) — Statement 2 is incorrect; members were elected by provincial legislative assemblies (indirect election), not by direct universal adult suffrage, and some princely-state representatives were nominated.
Mains-Style Analytical Questions (For Written Answer Practice)
- "The Government of India Act, 1935, despite being a colonial legislation, remains the single most significant institutional precursor to the Indian Constitution." Discuss with reference to specific features borrowed.
- Examine the composition and working of the Constituent Assembly. To what extent did it represent India's diversity, given it was not directly elected by universal adult suffrage?
- "The Indian Constitution is a bag of borrowings, yet its spirit is distinctly Indian." Critically evaluate this statement with reference to the sources of the Constitution.
- Trace the evolution of representative institutions in India from the Indian Councils Act, 1861, to the Government of India Act, 1935, highlighting the gradual expansion of Indian participation in governance.
Extended Note: Why This Chapter Matters Beyond Prelims
Historical Background is frequently under-prepared because candidates assume it is "just dates," but Mains GS-II answers on contemporary issues (e.g., federalism, the Governor's role, emergency provisions) are strengthened considerably by tracing the institutional lineage of these features back to their colonial-era or comparative-constitutional origins. When writing a Mains answer on, say, the misuse of Article 356, situating it against the 1935 Act's emergency provisions and the deliberate 44th Amendment safeguards demonstrates depth beyond a purely descriptive answer.
Chapter 1 Quick Revision Sheet
- GoI Act 1935 is the single largest source of the current Constitution's structure (federal scheme, Governor's office, judiciary, PSCs, emergency provisions).
- 1909 = separate electorates; 1919 = dyarchy in provinces; 1935 = provincial autonomy + proposed All-India Federation (never implemented) + Federal Court.
- Constituent Assembly: first met 9 Dec 1946; 299 members post-Partition; President Dr. Rajendra Prasad; Drafting Committee chaired by Dr. B.R. Ambedkar; Constitutional Advisor Sir B.N. Rau.
- Adopted 26 November 1949; enforced 26 January 1950 (chosen to mark the 1930 Purna Swaraj declaration).
- DPSP ← Ireland; Fundamental Rights & judicial review ← USA; Fundamental Duties ← USSR; parliamentary system ← UK; federal scheme with strong Centre ← Canada; Concurrent List ← Australia.