Historical perspective of India’s constitutional law

the constitution of India became effective on 26 January 1950. Before the arrival of this constitution, India was governed under the Government of India Act, 1935, which became effective in 1937. India was then a part of the British Empire; sovereignty of the British Crown prevailed over the country and during this sovereign rule, the British Parliament had enacted the Act of 1935. 

2 major features of act- 1) the act gave very little rights of self- governance to Indians. The executive authority of a province was given to the governor who was appointed by the queen. He acted on the advice of ministers who were responsible to provincial legislature which was elected for a limited time. In certain situations, the governor could act in his discretion, in which case he was not bound by ministerial advice and was subject to governor-general’s control.  

The executive authority was vested in governor-general which was appointed by the crown. He would also act on ministerial advice but while working in his discretion, he was not bound by these advices, instead he was subject to control of secretary of state who was a member of the British cabinet. Defense, external affairs, etc. fell in this category.  

2) Secondly, the Act of 1935 sought to change the character of the Indian Government from unitary to federal. The Indian Federation was to consist of the Provinces in which British India was divided, and the States under the native princes. 

 The federal scheme never became fully operative as the princes didn’t join the federation. The federal concept was implemented only partially in the relationship between centre and provinces. 

The ministerial form of government mentioned under the act of 1935 could not be introduced to the centre which was functioning under the govt. of India act 1919. the Central Government consisted of the Governor-General and a nominated Executive Council. In this structure, the Governor-General occupied the key position as he could overrule his Council on any point if the safety, tranquillity or interests of British India were materially affected. 

Before 1947, the control over the Indian administration lay with the secretary of state, governors-general and governors. Indian participation was minimal and due to this dispensation (exemption from a rule), Indians never felt reconciled.  

This led to demand for independence which led to formation of a constituent assembly which was responsible for drafting a constitution for a free India. They started this task on 9th December 1946 where they held their first meeting but couldn’t get much done as there was a lack of understanding between the Indian National Congress and the Muslim League. this led to a situation where no progress was possible mainly due to disagreement. This was resolved in 1947 when the British parliament enacted the India independence act which partitioned the country into 2 independent countries- India and Pakistan. After 3 years the constituent assembly finalized and adopted the constitution of India on 26th November 1949. 

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.