Part
II of the article (followed by Part I) will be discussing about the Introduction of Self-Government
and Framing of New Constitution.
D. INTRODUCTION OF SELF-GOVERNMENT (1919 – 1947):
1.
The Government of India Act, 1919-Montegu-Chelmsford Report:
The
next landmark on the Constitutional development of India was the Montagu
Chelmsford Report which led to the enactment of the Government of India Act,
1919. The Morley-Minto Reforms failed to satisfy the aspirations of the
Indians as they did not establish Parliamentary system of Government in the
country.
2.
Main feature of the 1919 Act:
i)
The Declaration – It promised a
responsible Government to the Indians.
ii)
Dyarchy in the provinces – The Act
introduced a system of Dyarchy in the Provinces and that has been derived from
the Greek word ‘di-arche’, means double rule. The object of it was to train the
natives in the act of self-government in the matter of legislation subjects
were divided into two Central and Provincial. Further the Provincial subjects
were divided into ‘Reserved’ and ‘Transfer’. More important subjects were
Reserved subject and had to be governed by the Governor and his Council. The
less important subjects were Transferred subject and given to the Indian
Ministers and Governor but the power was limited. Governor-General had the
ultimate call over any bill and also had the power to Veto Bills.
3.
Central Government:
The
responsible Government did not introduce in the Centre. The Central Government
was remained responsible to the British Parliament through the Secretary of
State. The Governor-General had overriding powers in respect of Legislature.
4.
Structure of Government:
The
Government of India remained a unitary and centralized Government with
Governor-General-in-Council as the key-stone of the whole Constitutional
edifice. Central Legislature had power to legislate on any matter and was not
possible to challenge the validity. In case of controversy over any matter it
is the Governor-General-in-Council who had the only authority to decide.
Shortcoming
of the Act of 1919 –
The
Reforms of 1919, however, failed to fulfil aspirations of the people of India,
which led to an agitation by the Congress for ‘Swaraj’ or ‘Self-Government
to be attained through non-co-operation.
Simon
Commission –
The
British Government established the Simon Commission as a Statutory Commission
in response to the ongoing demand for more reforms. The Government of India Act
provided for the appointment of a Statutory Commission to inquire into and
report on the working of the Act in 1927 and the Commission submitted its
report in 1930. The report was discussed at the Round Table Conference, which
included representatives of the British government, British India, and the
state rulers. Following the Conference, a white paper was created outlining the
reforms, and it was provided to the Select Committee of the Parliament. The
Government of India Bill was subsequently introduced in Parliament based on the
recommendations of the Select Committee and passed with a few modifications as
the Government of India Act, 1935.
Government
of India Act, 1935:
Government
of India Act, 1935 brought a tremendous drawback in the Constitutional history
of India. It formed the responsible government. The basic feature of the
Act was the introduction of partial responsibility at the Centre, Provincial
autonomy and an All-India Federation.
i.
Federation:
The
Government of India Act, 1935 proposed a federation taking the Provinces and
Indian States as one unit. But the accession of the States was optional and at
the time of joining ruler of the State needed to sign an Instrument of
Accession.
ii.
Abolition of Dyarchy at Provincial level:
The
Act of 1935 abolished Dyarchy at Provincial level and introduced it in the
Centre. It vested executive authority in the hand of Governor-General and
Federal matters was divided into parts, one was ‘Reserved’ and ‘Transferred’
was another.
iii.
Provincial Autonomy:
The
Act divided legislative between Provincial legislature and Central
legislature and within its defined sphere the Provinces were no longer delegate
of Central Government but were autonomous unit of administration.
iv.
Federal Legislature:
The
Act provided for legislature consists of two houses, such as Council of
States and Legislative Council. Council of States was considered as upper
house and Legislative Assembly as lower house. Financial Bills were required to
introduced in lower house (Legislative Assembly). The Act of 1935, however, had
provided for the joint session of both houses in case of solving deadlock over
any bill.
v.
Provincial Government:
The
Provincial Executive was consisting of Governor and Council of minister.
Governor was to act on advice of the Council of Minister but in case of
matters involving his special responsibility he had the right to override the
advice of Council.
vi.
Provincial Legislature:
The
Provincial legislature had power to made laws on the subjects mentioned in the
Provincial list as well as in Concurrent list. No bill could become an Act
with the assent of Governor and needed prior sanction of the Governor or
Governor-General to introduce the bill. Even Governor could return the bill
for reconsideration. Discretionary power and responsibility of the Governor
set him as dictator in Provinces.
vii.
Division of legislative power:
The
Act made division of legislative power between the Centre and Provinces
through three lists such as Federal list, Provincial list and Concurrent
list. Federal laws were to prevailed in case of any conflict between
Provincial law and Federal law. The Act also provided for the proclamation
of Emergency by Governor-General.
Federal
Court:
The Government of India Act, 1935, established a Federal Court and the judges of the court were to appointed by the Crown. The Court was given with the threefold jurisdiction, they were, Original jurisdiction, Appellate jurisdiction and Advisory juris
Cripps
Mission:
British
Government got realized it's time to negotiate with Indians, therefore in March
22, 1942, British Government sent an official in India to negotiate with India
(known as Cripps Mission). Following were the proposals for settlement.
ü Provinces,
not ready to accept new Constitution, to retain its present Constitution.
ü Negotiation
between His Majesty’s Government and Constitution Making Body had to be signed.
Those
proposals basically sent to India to had Indian support in 2nd World
War. But the Indians were not satisfied with the proposals and hence,
rejected it.
Cabinet
Mission:
On
4th March, 1946 Cabinet Mission came to India with following
proposals;
i.
To constitute Union of India embodying
British Indian and States.
ii.
States were to retain all the subjects
except certain reserved subjects.
iii.
Formulate Constituent Assembly of India
for the purpose framing new Constitution.
iv.
The Crown's paramountcy is about to end.
v.
Set up of interim Government and that
got support of major political parties.
The
proposals of Cabinet Mission were accepted and in July, 1946 first election to
Constituent Assembly was held.
Indian
Independence Act, 1947:
The
provisions of the Act were as follows: -
i. The Act authorized the establishment of two separate Dominions. Pakistan and India since August 15, 1947.
ii. Each Dominion was required to have a Governor-General, who was chosen by the King.
iii. Until the new Constitution took effect, the Constituent Assemblies of both Dominions had the authority to create laws for their respective territories.
iv. The British Government was not to have any control over the Dominion or the Provinces after August 15, 1947.
v. The Government of India Act, 1935 was to be used to govern each of the Dominions and Provinces temporarily, up until the new Constitutions were drafted.
vi. The post of Secretary of the State for India was to be abolished and was taken over by secretary of the Commonwealth Nations.
vii. The Act declared the end of British supremacy over the Indian States.
The
Indian Independence Act, 1947, came into force on August 15, 1947, when the
British rule in India came to an end.
E. FRAMING OF NEW CONSTITUTION (1947 – 1950)
On
15th August 1947 India got independence and the struggle for
independence got over. But it was not the end, it was beginning of struggle to
live in a independent nation and at the same time, establish a democracy based
on the idea of justice, liberty, equality and fraternity.
Constituent
Assembly came into force on November 1946 under the Cabinet Mission Plan. It was
not a sovereign body because it was formed under Cabinet Mission Plan from the British
Government and could be abolish at their will.
Indian
Independence Act, 1947 led the Constituent Assembly as a sovereign body and was
no more subordinate to Cabinet Mission Plan. And it was free to frame
constitution.
The
first meeting of Constituent Assembly was held on 9th December
1946 as the Sovereign Constituent Assembly for India. Dr. Rajendra
Prasad was elected as its permanent chairman on December 11, 1946. The Assembly
made substantial progress and adopted and ‘Objective Resolution,’ which late
became the Preamble of the Constitution.
On
29 August 1947, the Drafting Committee of the Constitution was constituted
by the Constituent Assembly with Dr. B. R. Ambedkar as the Chairman of
along with six other members assisted by a constitutional advisor.
A
Draft Constitution was prepared by the committee and submitted to the Assembly
on 4th November 1947. The draft constitution was debated and 7,635
amendments were proposed and 2,473 were actually discussed. Constituent
Assembly held 11 sessions and the Draft Constitution was considered for 114
days. Indeed, Constituent Assembly sat for 2 years 11 months and 18 days.
Finally,
on 26th November 1949 the new Constitution of India adopted by
the Constituent Assembly. 26th January 1950 the Constitution of
India came into force.
Name of the Constitution:
The
name of our Constitution is “The Constitution of India”.
The
Constitution of India replaced the Indian Independence Act, 1947 and Government
of India Act, 1935. And replace Federal Court with Supreme Court of India in
1950.
CONCLUSION:
Constitutional
history of India is prolonged way which has been crossed by the freedom fighters.
Dr.
B. R. Ambedkar is called as the Father of the Constitution. The Indian Constitution
is the lengthiest and the most detailed of all the written constitution in the
world. It started the new era of sovereign administration of India.
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