Framing of the Indian Constitution

With the emergence of Independence, there arose the need of a Constitution. The idea that India should have a Constitution was given by M N Roy, a pioneer of the communist movement in India. The founding fathers of the Indian Constitution borrowed from constitutions of several countries.

Nearly 75 per cent of the Indian Constitution can be said to be a reproduction of the Government of India Act- 1935 with suitable adaptations and modifications. The Constitution of India is drawn from many sources. Keeping in mind the needs and conditions of India, the framers of the Constitution of India borrowed different features freely from previous legislations.

Government of India Act 1858 After the Indian Rebellion of 1857, the British Government took direct control of territories formerly ruled by the English East India Company. To address the after effects of the 1857 revolt, the Act of 1858 was introduced.

This act abolished the East India Company and transferred its powers to the British crown that established a direct rule. S The Indian Civil Service was brought under the control of the Secretary of State. The Crown was empowered to appoint a Governor-General and the Governors of the Presidencies.

The Company's territories in India were vested with the Queen, with the Company ceasing to exercise its power and control over these territories. India was to be governed in the Queen's name. S All the property of the East India Company was transferred to the Crown.

The Crown also assumed the responsibilities of the Company as it related to treaties, contracts, and so forth. The Queen's Principal Secretary of State received the powers and duties of the Company's Court of Directors.

A council of fifteen members was appointed to assist the Secretary of State for India. The council became an advisory body in India affairs. For all communications between Britain and India, the Secretary of State became the real channel.

The double government was abolished. Indian Councils Act 1861 It was enacted by Parliament of the United Kingdom that transformed the Viceroy of India's executive council into a cabinet run on the portfolio system. This cabinet had six "ordinary members", each of who took charge of a separate department in Calcutta's government: home, revenue, military, law, finance, and (after 1874) public works. S Indians were involved in the lawmaking process.

For this purpose, the Viceroy nominated the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao. S The legislative powers were decentralised. S Legislative councils were established in Bengal, NWFP and Punjab in 1862, 1866 and 1897 respectively. S The portfolio system was introduced. S It empowered the Viceroy to issue ordinances with no concurrence of the legislative council throughout an emergency. The life of such an ordinance was six months.

Indian Councils Act 1892 Enacted due to the demand of the Indian National Congress to expand legislative council, the number of non-official members was increased both in central and provincial legislative councils the non official members of Indian legislative councils were henceforth to be nominated by Bengal chamber of commerce and provincial legislative council.

In 1892, the council consisted of 24 members, only five being Indians. This act: S Gave power to the legislative councils to discuss the budget. S Delivered the nomination of some non official people in the central legislative council through the viceroy on the recommendation of the provincial legislative councils which of through the governors on the recommendations of the district boards, municipalities, universities, trade associations, zamindars and chambers.

Indian Councils Act 1909 Indian Councils Act 1909 commonly known as the Morley-Minto Reforms was an Act of the Parliament of the United Kingdom that brought about a limited increase in the involvement of Indians in the governance of British India. The Act of 1909 was important for the following reasons: S It effectively allowed the election of Indians to the various legislative councils in India for the first time. Previously some Indians had been appointed to legislative councils.

The introduction of the electoral principle laid the groundwork for a parliamentary system even though this was contrary to the intent of Morley.

Muslims had expressed serious concern that a first past the post electoral system, like that of Britain, would leave them permanently subject to Hindu majority rule. The Act of 1909 stipulated, as demanded by the Muslim leadership. Government of India Act 1919 After World War I, the British Government opened the door for Indians to public office and employment. The bill: S Relaxed central treatments for the provinces by demarcating and separating the central and provincial subjects.

Further divided the provincial subjects into two parts – transferred and reserved. S Introduced diarchy, Bicameralism, direct elections and establishment of central public service commission in 1926. S Gave franchise to limited people on foundation of property, tax and education.

Separated the central budget from provisional budget. Appointed the statutory commission. Government of India Act 1935 The provisions of the Government of India Act 1935, though never implemented fully, had a great impact on the Constitution of India.

Many key features of the constitution are directly taken from this Act. It is a lengthy and detailed document having 321 sections and 10 schedules.

The majority of the today's constitution has drawn from this. It delivers to the establishment of an All India Federation. The previous names transferred and reserved subjects are changed as federal and provincial lists and concurrent list is definitely an addendum.

It Abolished diarchy and introduced provincial autonomy. S Abolished Council Asia. S Established the RBI, federal court, Provincial PSUs and Joint PSUs. S Extended bicameralism, communal representation and franchise.

The federal structure of government, provincial autonomy, a bicameral central legislature consisting of a federal assembly and a Council of States and the separation of legislative powers between the centre and states are some of the provisions of the Act which are present in the Constitution of India.

Indian Independence Act 1947 The legislation was formulated by the government of Prime Minister Clement Attlee and the Governor General of India Lord Mountbatten, after representatives of the Indian National Congress, the Muslim League, and the Sikh community came to an agreement with the Viceroy of India, Lord Mountbatten of Burma, on what has come to be known as the 3 June Plan or Mountbatten Plan.

The Prime Minister of the United Kingdom announced on 20 February 1947 that: 1. British Government would grant full self-government to British India by June 1948 at the latest, 2. Partition of India and Pakistan would take place. 3.

The future of Princely States would be decided after the date of final transfer is decided. 4. Constitution for the nations will be empowered On 18 July 1947, British India divided into two new independent states, India and Pakistan, which were to be dominions under the Commonwealth of Nations until they had each finished drafting and enacting a new constitution.

The Constituent Assembly was divided into two for the separate states, with each new Assembly having sovereign powers transferred to it for the respective dominion. The Act also terminated British suzerainty over the princely states, each of which was left to decide whether to accede to one or other of the new dominions or to continue as independent states in their own right.

Parliamentary form of government, Single citizenship, Rule of Law, Institution of Speaker and his role, Law making procedure, procedure established by law are taken from British Constitution. Directive principles of state policy have been taken from the Irish Constitution.

Freedom of trade and commerce within the country and between the states, power of the national legislature to make laws for implementing treaties, even on matters outside normal Federal jurisdiction Concurrent List are taken from Australian Constitution.

Ideals of liberty, equality and fraternity adopted from the French Constitution. A quasi-federal form of government —a federal system with a strong central government, the idea of residual powers, the constitution of the Soviet Union, fundamental duties u/a 51-A were taken from Canadian Constitution.

A Constitutionally mandated Planning Commission was set up to oversee the development of the economy. Emergency Provision u/a 356, Weimar Constitution, Amendment of Constitution was adopted from South Africa and Due Procedure of Law from Japan Critics have described the Indian Constitution as a “bag of borrowings” and a “hotch potch Constitution”.