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    Indian Polity & Governance: UPSC Notes, Key Concepts & Practice

    High-yield Polity coverage for UPSC Prelims and Mains. Revise the Constitution’s philosophy, rights framework, separation of powers, legislative-executive-judicial relations, federalism, local bodies, and contemporary governance — with crisp summaries, mains points, prelims tips, and MCQs.

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    Indian Polity & Governance

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    1

    Making of the Constitution

    12 topics

    Practice
    2

    Salient Features of the Indian Constitution

    3 topics

    3

    Preamble

    5 topics

    4

    Evolution of States & Union Territories

    6 topics

    5

    Citizenship

    10 topics

    6

    Fundamental Rights

    28 topics

    7

    Directive Principles of State Policy (DPSP)

    17 topics

    8

    Amendment and Basic Structure

    8 topics

    9

    Parliamentary System of Government

    38 topics

    10

    Union Executive

    22 topics

    11

    State Executive

    18 topics

    12

    State Legislature

    10 topics

    13

    Centre-State Relations

    19 topics

    14

    Inter-State Relations

    12 topics

    15

    Emergency Provisions

    11 topics

    16

    Supreme Court

    24 topics

    17

    High Court

    15 topics

    18

    Local Government

    18 topics

    19

    UTs + Scheduled and Tribal Areas

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    Chapter 1: Making of the Constitution

    Chapter Test
    12 topics•Estimated reading: 36 minutes

    Regulating Act of 1773

    Key Point

    The Regulating Act of 1773 was the first significant step by the British Parliament to regulate the East India Company’s affairs in India. It aimed to bring reforms in administration, curb corruption, and establish a centralized authority in Bengal. Warren Hastings became the first Governor-General of Bengal under this Act.

    The Regulating Act of 1773 was the first significant step by the British Parliament to regulate the East India Company’s affairs in India. It aimed to bring reforms in administration, curb corruption, and establish a centralized authority in Bengal. Warren Hastings became the first Governor-General of Bengal under this Act.

    Detailed Notes (33 points)
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    A. Historical Background
    1765: Marked the beginning of British interference in Indian political and administrative matters after the Battle of Buxar (1764).
    The East India Company obtained Diwani rights (revenue collection) of Bengal, Bihar, and Orissa, leading to the Dual Government system — where the Company collected revenue, but the Nawab managed administration.
    1769: The Bengal Famine killed around 10 million people, exposing the failure and greed of British administration, which continued to collect taxes even during the famine.
    1770: Supreme Council established at Fort William, Calcutta, to advise the British government in Bengal.
    1772: Warren Hastings became the Governor of Bengal and abolished the Dual Government, bringing both revenue and administration under the Company’s control.
    During this period, Indian voices were completely ignored, and British officials imposed policies unilaterally without consulting Indians.
    B. Background of the Act
    The British Parliament passed the Regulating Act of 1773 to address the East India Company’s mismanagement and corruption in India.
    1. Financial Crisis: Since 1768, the East India Company faced severe financial difficulties due to wars, corruption, and misuse of funds. It even sought loans from the British Government.
    2. Farmers’ Misery: Under the Dual Government, farmers suffered due to heavy taxes and exploitation, even during natural disasters like famine.
    3. Corruption and Nepotism: Company officials engaged in private trade, bribery, and favoritism for personal gain.
    4. Military Weakness: The Company’s defeat by Hyder Ali in the First Anglo-Mysore War (1767–1769) exposed its military and administrative failures.
    5. British Concern: The British Parliament realized that since the Company ruled a large Indian population, it needed direct control and supervision.
    C. Provisions of the Act
    1. Governor of Bengal became Governor-General of Bengal to strengthen control and centralize power.
    2. Warren Hastings was appointed as the first Governor-General of Bengal (1773–1785).
    3. An Executive Council of four members was created to assist the Governor-General in decision-making; decisions were made by majority vote, and the Governor-General had no veto power.
    4. The Governors of Bombay and Madras presidencies were made subordinate to the Governor-General of Bengal in all political and military matters, marking the beginning of centralized administration in India.
    5. A Supreme Court was established at Fort William, Calcutta in 1774 with one Chief Justice and three Judges to administer justice according to English law.
    6. The Court’s jurisdiction applied only to British subjects residing in India, not to the general Indian population, leading to future conflicts.
    7. Company servants were prohibited from engaging in private trade or accepting gifts and bribes to reduce corruption.
    8. The Court of Directors of the Company was required to regularly report its decisions and policies to the British Government in London.
    D. Significance of the Act
    1. It was the first time that the British Parliament directly interfered in and regulated the affairs of the East India Company.
    2. It laid the foundation for centralized administration in India under the Governor-General of Bengal.
    3. It marked the beginning of British Government control over Indian administration.
    4. It officially recognized the political and administrative functions of the Company in India.
    E. Issues with the Act
    1. The Governor-General had no veto power, which created frequent disagreements in the Executive Council.
    2. The powers and jurisdiction of the Supreme Court were not clearly defined, leading to disputes between the Court and the Governor-General’s Council.
    3. There was no proper system to review or supervise the Governor-General’s actions and reports.
    4. The Act failed to effectively stop corruption and misuse of power among Company officials.

    Difference between Governor of Bengal and Governor-General of Bengal

    AspectGovernor of BengalGovernor-General of Bengal
    Role & ResponsibilitiesAdministered Bengal PresidencyOversaw broader British India including Bengal
    AuthorityLimited to Bengal PresidencyExtended to all British territories in India
    AppointmentBy East India CompanyBy British Crown
    PeriodEarly 17th century – 17731773 onwards (evolved into Governor-General of India in 1833)
    ExampleRobert CliveWarren Hastings

    Fun Facts

    The Regulating Act of 1773 is considered the foundation of British central administration in India.

    It was the first time the British Parliament directly interfered in Indian affairs.

    Although intended to reduce corruption, the Act failed to do so effectively.

    The system of Governor-General later evolved into the Viceroy of India.

    Mains Key Points

    The Regulating Act of 1773 was the first parliamentary measure to control the East India Company.
    It aimed to curb corruption and establish centralized authority but suffered from structural flaws.
    The Act marked the beginning of British Parliament’s involvement in Indian affairs.
    It introduced the office of Governor-General, laying the foundation for future central administration.
    Despite its shortcomings, it initiated constitutional development in colonial India.

    Prelims Strategy Tips

    1773 – First direct interference of British Parliament in Indian administration.
    Governor of Bengal → Governor-General of Bengal (Warren Hastings first).
    Supreme Court at Calcutta – only for British subjects, not Indians.
    Company officials barred from private trade and bribes.
    Foundation of central administration laid.

    Amending Act of 1781, Pitt’s India Act of 1784 & Act of 1786

    Key Point

    These three Acts – the Amending Act of 1781, Pitt’s India Act of 1784, and the Act of 1786 – were passed to remove the defects of the Regulating Act of 1773, increase British parliamentary control over the East India Company, and empower the Governor-General with greater authority. Together, they laid the foundation of the British Crown’s supremacy in Indian affairs.

    These three Acts – the Amending Act of 1781, Pitt’s India Act of 1784, and the Act of 1786 – were passed to remove the defects of the Regulating Act of 1773, increase British parliamentary control over the East India Company, and empower the Governor-General with greater authority. Together, they laid the foundation of the British Crown’s supremacy in Indian affairs.

    Detailed Notes (49 points)
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    A. Amending Act of 1781 (Act of Settlement, 1781)
    Background
    The Regulating Act of 1773 had several flaws and created confusion between the authority of the Supreme Court at Calcutta and the Governor-General-in-Council.
    Frequent conflicts arose between the Court and the Governor-General on issues of jurisdiction, administration, and law enforcement.
    Therefore, the British Parliament passed the Amending Act of 1781 to clarify powers and reduce conflicts.
    Provisions
    1. The Supreme Court was excluded from interfering in official actions of the Governor-General, his Council, and Company servants when acting in their official capacity.
    2. The Supreme Court was barred from handling revenue matters, which were to be managed by the Governor-General and his Council.
    3. Appeals from the Provincial Courts were to be sent to the Governor-General-in-Council, not to the Supreme Court.
    4. The Governor-General-in-Council was authorized to frame rules and regulations for the working of Provincial Courts and Councils.
    5. The jurisdiction of the Supreme Court was extended to all inhabitants of Calcutta, including Indians residing there.
    6. Hindus were to be tried under Hindu law, and Muslims under Mohammedan (Islamic) law, according to their personal laws.
    Significance
    The Act helped reduce clashes between the Supreme Court and the Governor-General-in-Council and brought clarity to their respective powers.
    It marked a step toward a more organized judicial system in British India.
    B. Pitt’s India Act of 1784
    Background
    The Regulating Act of 1773 did not completely solve administrative problems in India.
    The East India Company still enjoyed great power but acted irresponsibly in political matters, which alarmed the British Parliament.
    The aim of Pitt’s India Act was to bring the Company’s political activities under direct control of the British Government while allowing it to continue its commercial business.
    Provisions
    1. Dual Government System Established: Two authorities were created:
    - The Board of Control (representing the British Government) to manage political and administrative affairs.
    - The Court of Directors (representing the East India Company) to manage commercial and business affairs.
    2. The Governor-General’s Executive Council was reduced from four members to three, including the Commander-in-Chief of the British Crown’s army.
    3. Civil and military officers of the Company, both in India and Britain, were required to disclose their property within two months of joining their post — to reduce corruption.
    4. The Company’s commercial and political functions were separated clearly.
    5. All territories under the Company were officially called ‘British Possessions in India’, meaning they were now under the authority of the British Crown.
    6. The British Government obtained direct control over Indian civil and military administration.
    7. The Company, however, retained its monopoly over trade and commerce.
    8. The Governor-General was given a casting vote, meaning he could overrule Council decisions in case of a tie.
    Shortcomings
    1. There was still confusion between the powers of the Company and the British Government.
    2. The boundaries of authority between the Board of Control and the Crown were not clearly defined.
    3. The Governor-General was made answerable to both the Company and the British Crown, creating overlapping responsibilities.
    Significance
    1. It established direct British political control over India, while allowing the Company to retain commercial control.
    2. It marked the beginning of ‘Dual Government in England’ for Indian affairs — where both the Company and the Crown shared power.
    3. It strengthened the Governor-General’s authority and improved centralization of administration in India.
    C. Act of 1786
    Background
    When Lord Cornwallis was appointed as the Governor-General of Bengal, he laid down certain conditions before accepting the post.
    To meet his demands and provide greater administrative efficiency, the British Parliament passed the Act of 1786.
    Provisions
    1. The powers of Governor-General and Commander-in-Chief were combined in one person — giving Cornwallis control over both civil and military administration.
    2. Lord Cornwallis was given special authority to override the decisions of his Council in exceptional circumstances.
    Significance
    1. It strengthened the position of the Governor-General and made him the supreme authority in India.
    2. It helped maintain discipline and efficiency in administration under a single head — both in military and civil affairs.

    Comparison of Acts (1781, 1784, 1786)

    ActKey Provisions
    Amending Act, 1781Limited Supreme Court’s jurisdiction, Revenue matters excluded, Hindus under Hindu law, Muslims under Mohammedan law.
    Pitt’s India Act, 1784Dual Government: Board of Control & Court of Directors; Political control with Crown; Commercial monopoly with Company.
    Act of 1786Governor-General given Commander-in-Chief powers; Lord Cornwallis empowered to override Council decisions.

    Fun Facts

    The Amending Act of 1781 is also called the Act of Settlement, 1781.

    Pitt’s India Act of 1784 formally recognized India as ‘British possessions in India’.

    Lord Cornwallis, under the Act of 1786, became both Governor-General and Commander-in-Chief, centralizing power.

    Mains Key Points

    The Amending Act of 1781 reduced conflict between Supreme Court and Governor-General-in-Council.
    Pitt’s India Act of 1784 increased British Government control over Indian administration through the Board of Control.
    The Act of 1786 empowered Governor-General with exceptional authority, combining civil and military powers.
    Together, these Acts marked the growing dominance of British Parliament over the East India Company.
    They laid the foundation for centralization of power and British Crown supremacy in India.

    Prelims Strategy Tips

    1781 – Supreme Court’s jurisdiction limited; Hindus under Hindu law, Muslims under Mohammedan law.
    1784 – Pitt’s India Act → Dual Government: Board of Control (political), Court of Directors (commercial).
    1786 – Cornwallis got power of both Governor-General & Commander-in-Chief, could override Council.

    Charter Acts of 1793, 1813 & 1833

    Key Point

    The Charter Acts of 1793, 1813, and 1833 shaped the constitutional and administrative evolution of British India. They renewed the East India Company’s privileges, gradually limited its trade monopoly, introduced Crown sovereignty, centralized administration, encouraged education, and set the foundation for codification of laws.

    The Charter Acts of 1793, 1813, and 1833 shaped the constitutional and administrative evolution of British India. They renewed the East India Company’s privileges, gradually limited its trade monopoly, introduced Crown sovereignty, centralized administration, encouraged education, and set the foundation for codification of laws.

    Detailed Notes (60 points)
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    Charter Act of 1793
    Background
    The Charter Act of 1793 renewed the East India Company’s charter for another 20 years, allowing it to continue its rule and trade monopoly in India.
    This Act came after Lord Cornwallis’s administrative reforms and aimed to consolidate the British control in India under the Governor-General of Bengal.
    It reflected the British Crown’s growing influence over Company administration.
    Provisions
    1. The Governor-General’s overriding powers were extended to all future holders of that office, ensuring continuity of strong central authority.
    2. The Governor-General’s control over Bombay and Madras was strengthened, further centralizing power in Bengal.
    3. The approval of the British Crown was made necessary for important appointments such as the Governor-General, Governors, and the Commander-in-Chief.
    4. The East India Company was made responsible for paying the salaries of officials and the Board of Control from Indian revenues.
    5. A clear separation between revenue and judicial functions was established to improve administration.
    6. The laws or regulations made by the Governor-General-in-Council were to remain valid unless the Crown disapproved them within 2 years.
    7. Judges were prohibited from holding any revenue or administrative office to maintain impartiality.
    Significance
    1. It further centralized power in the hands of the Governor-General.
    2. It reduced the independence of the subordinate presidencies (Bombay and Madras).
    3. It brought clarity and order by separating revenue and judicial functions.
    4. It continued the Company’s monopoly, ensuring British economic dominance in India.
    Charter Act of 1813
    Background
    The Charter Act of 1813 renewed the Company’s charter for another 20 years, but for the first time it significantly limited its commercial monopoly.
    Due to Napoleon’s Continental System, British merchants sought new markets in Asia, particularly India.
    There was growing criticism of the Company’s corruption, extravagance, and exploitation of Indian resources.
    The British Parliament also debated missionary activity and education in India before passing the Act.
    Provisions
    1. The Act ended the Company’s trade monopoly in India, except for tea and trade with China.
    2. It explicitly asserted the sovereignty of the British Crown over the Company’s possessions in India.
    3. Christian missionaries were officially allowed to enter India for religious preaching and education.
    4. Local governments were given the power to levy and collect taxes to meet administrative expenses.
    5. An annual sum of ₹1 lakh was allocated for the promotion of education among Indians — the first state-funded educational effort.
    6. The Company’s revenue and expenditure were brought under Parliamentary control and scrutiny.
    7. The jurisdiction of courts was extended, making Crown supervision over the Indian administration clearer.
    Significance
    1. It was the first official recognition of education as a state responsibility in India.
    2. It legalized missionary activities in India for the first time.
    3. It marked the beginning of the end of the Company’s commercial monopoly.
    4. It symbolized India’s integration into the global British economy.
    Charter Act of 1833 (Saint Helena Act)
    Background
    The Charter Act of 1833, also known as the Saint Helena Act, renewed the Company’s charter for 20 years but completely transformed its role.
    It reflected the complete dominance of the British Parliament over the East India Company.
    The Act aimed to reorganize administration and create a uniform structure across India.
    Provisions
    1. The East India Company was made a purely administrative body; all commercial activities were stopped.
    2. The Company’s territories were declared to be held in trust for the British Crown.
    3. The Governor-General of Bengal was redesignated as the Governor-General of India.
    - Lord William Bentinck became the first Governor-General of India.
    4. The Act brought complete centralization: Bombay and Madras lost their legislative powers.
    5. All legislative powers were now vested solely in the Governor-General-in-Council.
    6. A Law Commission was established under Lord Macaulay to codify Indian laws.
    7. It attempted to introduce open competition for civil services — an idea that was fully implemented in 1853.
    8. British subjects were allowed to freely reside and own property in India.
    9. The abolition of slavery was discussed (later fully implemented in 1843).
    10. The island of Saint Helena was transferred from the East India Company to the Crown.
    Significance
    1. It marked the highest level of centralization in Indian administration so far.
    2. It was the first major step toward codification of Indian laws.
    3. The Indian Penal Code (drafted 1837, enacted 1860) traces its origin to this Act.
    4. It introduced a uniform administrative structure across all British Indian territories.
    5. It signified the transition of the East India Company into a trustee of the Crown rather than an independent political power.

    Comparison of Charter Acts (1793, 1813, 1833)

    ActBackgroundKey ProvisionsSignificance
    Charter Act 1793Renewal of Company charter for 20 years; continuation of monopoly.Governor-General’s overriding power extended; Separation of revenue & judicial functions; Approval of top appointments.Strengthened central authority; reduced presidencies’ autonomy.
    Charter Act 1813Pressure from merchants; criticism of Company extravagance.Ended monopoly except tea & China; Crown sovereignty asserted; Missionaries allowed; Rs.1 lakh for education.State responsibility for education; opened Indian trade; missionary activities legalized.
    Charter Act 1833Renewal but Company became administrative; Parliament’s dominance.Governor-General of India created; full centralization; Law Commission under Macaulay; free settlement of British in India.Peak of administrative centralization; first law codification attempt; Company trustee of Crown.

    Fun Facts

    The 1813 Act was debated fiercely in the British Parliament over missionary entry into India.

    Lord William Bentinck became the first Governor-General of India under the 1833 Act.

    The Indian Penal Code (IPC) has its roots in the 1833 Act’s Law Commission.

    The 1793 Act banned judges from taking part in revenue collection.

    Mains Key Points

    The Charter Acts reflect the gradual erosion of Company’s autonomy and growth of British Crown authority.
    1793 centralized powers and clarified judicial-administrative separation.
    1813 opened Indian trade partially, began state support for education, and legalized missionary activities.
    1833 Act transformed the Company into an administrative body, created GG of India, and began codification of Indian laws.
    Together, these Acts illustrate India’s integration into the British imperial system.

    Prelims Strategy Tips

    1793 – Monopoly extended; GG powers over presidencies; separation of revenue & judicial functions.
    1813 – Monopoly ended except tea/China; Rs.1 lakh for education; missionaries allowed.
    1833 – GG of India created; Law Commission under Macaulay; Company administrative only.

    Charter Act of 1853 & Government of India Act 1858

    Key Point

    The Charter Act of 1853 was the last of the Company’s charters. It separated legislative and executive functions, introduced open competition for civil services, and allowed Indian representation in law-making. The Government of India Act 1858, passed after the Revolt of 1857, ended Company rule and transferred administration of India to the British Crown. This marked the beginning of direct Crown rule under the Viceroy.

    The Charter Act of 1853 was the last of the Company’s charters. It separated legislative and executive functions, introduced open competition for civil services, and allowed Indian representation in law-making. The Government of India Act 1858, passed after the Revolt of 1857, ended Company rule and transferred administration of India to the British Crown. This marked the beginning of direct Crown rule under the Viceroy.

    Detailed Notes (39 points)
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    Charter Act of 1853
    Background
    The Charter Act of 1853 was the last renewal of the East India Company’s charter by the British Parliament.
    Unlike previous charters, this Act did not fix any time limit for the continuation of Company rule in India.
    Concerns were raised because the Governor-General of India was also serving as the Governor of Bengal, creating administrative confusion.
    There were increasing demands for decentralization and for Indian representation in administration and legislation.
    Provisions
    1. No fixed duration was specified for the Company’s rule in India – meaning the Company could be removed at any time by the British Parliament.
    2. The Act separated the legislative and executive functions of the Governor-General’s Council for the first time in Indian history.
    3. A new Indian (Central) Legislative Council was created, consisting of 6 new members who acted as legislative councillors.
    4. The Law Member was now made a full member of the Governor-General’s Executive Council.
    5. Open competition for civil services was introduced – allowing Indians, for the first time, to compete with the British for government jobs.
    6. Local representation was included – 4 new members were to represent Bengal, Bombay, Madras, and the North-Western Provinces.
    Significance
    1. The Act laid the foundation of a modern parliamentary system in India.
    2. By not fixing a time limit, it weakened the Company’s authority and hinted at future reforms.
    3. It was the first step toward Indian participation in governance and law-making.
    4. It introduced the concept of a merit-based civil service system in India.
    Government of India Act, 1858 (Act for the Good Government of India)
    Background
    This Act was passed in the aftermath of the Revolt of 1857, which exposed the weaknesses of the East India Company’s administration.
    The primary aim was to transfer the powers and territories of the East India Company directly to the British Crown.
    Provisions
    1. The East India Company was dissolved, and all its powers and responsibilities were transferred to the British Crown.
    2. The Indian territories were to be governed in the name of the British Queen.
    3. The dual government system (Court of Directors and Board of Control) was abolished.
    4. Policies such as the Doctrine of Lapse and forced annexations were discontinued.
    5. Indian princes were assured of their independence and titles as long as they accepted British suzerainty.
    Secretary of State for India
    1. A new office called the Secretary of State for India was created to represent the Crown in Indian affairs.
    2. The Secretary of State had complete authority over Indian administration.
    3. He was assisted by a 15-member Council of India, which acted as an advisory body.
    4. The Governor-General of India was given the new title of Viceroy of India, representing the British Crown.
    - Lord Canning became the first Viceroy of India in 1858.
    Significance
    1. It marked the beginning of direct British Crown rule in India.
    2. It established a more efficient administrative structure in England to oversee Indian affairs.
    3. It represented a shift from the Company’s commercial motives to the Crown’s political and imperial interests.
    4. It created the framework for the British Raj, which lasted until India’s independence in 1947.

    Comparison of Charter Act 1853 & Government of India Act 1858

    AspectCharter Act 1853Government of India Act 1858
    NatureLast Charter of East India CompanyEnded Company rule; Crown took control
    DurationNo time period fixed for Company rulePermanent transfer to Crown
    CouncilLegislative & Executive functions separated; Indians introduced in law-makingSecretary of State with 15-member council created
    RepresentationLocal representation introduced in Legislative CouncilIndian princes assured status under British suzerainty
    Governor-GeneralStill Governor-General of IndiaGovernor-General became Viceroy of India

    Fun Facts

    The Charter Act of 1853 was the first to introduce competitive exams for Indian Civil Services.

    The 1858 Act was a direct response to the Revolt of 1857 and public criticism of Company misrule.

    Lord Canning was both the last Governor-General under the Company and the first Viceroy under the Crown.

    Mains Key Points

    The 1853 Act was the last attempt to reform Company administration, introducing separation of powers and local representation.
    Open competition in civil services opened the door for educated Indians to join administration.
    The 1858 Act fundamentally changed Indian governance by transferring power to the Crown.
    It marked the beginning of Viceroy-led Crown rule, emphasizing political stability after the 1857 Revolt.
    Both Acts symbolize the transition from Company commercial dominance to Crown political supremacy.

    Prelims Strategy Tips

    1853 – Last Charter; legislative & executive separated; open competition for civil services; Indian representation introduced.
    1858 – Company dissolved; Crown rule began; Secretary of State created; Governor-General became Viceroy.

    Indian Councils Act – 1861 & 1892

    Key Point

    The Indian Councils Acts of 1861 and 1892 marked gradual steps toward Indian participation in governance. The 1861 Act restored legislative powers to presidencies, introduced non-official Indians in councils, and recognized the portfolio system. The 1892 Act expanded council size, allowed limited budget discussions, and indirectly introduced elections for Indian representation. However, both Acts were criticized for offering token reforms without real power.

    The Indian Councils Acts of 1861 and 1892 marked gradual steps toward Indian participation in governance. The 1861 Act restored legislative powers to presidencies, introduced non-official Indians in councils, and recognized the portfolio system. The 1892 Act expanded council size, allowed limited budget discussions, and indirectly introduced elections for Indian representation. However, both Acts were criticized for offering token reforms without real power.

    Detailed Notes (32 points)
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    Indian Councils Act 1861
    Background
    After the Revolt of 1857, the British government realized it needed cooperation from Indians and greater stability in administration; the Indian Councils Act of 1861 was passed to start limited political reforms and include Indian voices in law-making.
    Provisions
    1. Decentralization: The Act restored legislative powers to the Presidencies of Bombay and Madras, allowing them again to make laws for local matters instead of everything being decided only from Calcutta/London.
    2. Representative institutions: For the first time since 1858, Indians were formally accommodated in the law-making process as non-official members of councils.
    3. Non-official members: A few Indians could be nominated to the council as non-official (i.e., not government) members — usually prominent local rulers or elites.
    - Example: In 1862 Lord Canning nominated the Raja of Benares, the Maharaja of Patiala, and Sir Dinkar Rao as non-official members.
    4. New legislative bodies: The Act allowed creation or expansion of legislative bodies for provinces such as Bengal, North-West Frontier Province (NWFP), and Punjab.
    5. Ordinance power: The Viceroy (Governor-General) was given power to issue ordinances in emergencies — temporary laws made without prior council approval, to be later approved or rejected by the council.
    6. Portfolio system: The Act recognized the existing practice where members of the Viceroy’s Council were given charge of specific departments (a portfolio) and could issue final departmental orders on behalf of the council.
    Significance
    This Act marks the beginning of representative institutions in British India — a limited but important step towards including Indians in governance and reversing some earlier centralization.
    Criticism
    1. Limited discussion: Financial matters (budget) could not be freely discussed without prior government permission.
    2. Limited scope: Key decisions and the budget remained largely under official control, limiting real power of nominated members.
    3. Limited representation: Non-official members were usually from the elite classes (princes, zamindars, officials), not ordinary people.
    4. Limited powers: The Secretary of State in London could veto any law, keeping final control with Britain.
    Portfolio System (explained)
    A portfolio system means one council member is made responsible for one or more government departments (e.g., revenue, public works). That member can issue final orders in their department on behalf of the council, improving administrative clarity and responsibility.
    Indian Councils Act 1892
    Background
    Political awareness and organized public opinion grew during the late 1800s via groups like the Poona Sarvajanik Sabha, the British Indian Association, and the newly formed Indian National Congress. These developments pushed the British to allow small representative reforms.
    Provisions
    1. Increased non-official members: The Act raised the number of non-official (Indian and other non-government) members in the Central and Provincial Legislative Councils, although Europeans still formed the majority.
    2. Discussion of budget: Councils were allowed to discuss the budget and ask questions of the executive — a limited means for supervision and public debate.
    - Limit: Councils could not vote on the budget or ask supplementary questions; their powers were discussion-only.
    3. Nomination power: Local bodies such as district boards, municipalities, universities, zamindars, and chambers of commerce could recommend persons to be nominated as members to councils.
    4. Indirect elections: Some non-official seats were to be filled through indirect election/selection (recommendation and nomination), but the Act carefully avoided using the word 'election' and kept the process tightly controlled.
    Significance
    1. The Act was a small but important step toward representative government by introducing limited indirect elections and discussion rights.
    2. It gave political momentum to the Indian National Congress and strengthened Indian demands for further reforms.

    Comparison of Indian Councils Acts 1861 & 1892

    AspectIndian Councils Act 1861Indian Councils Act 1892
    BackgroundPost-1857 Revolt, need for Indian cooperationRise of INC, demand for reforms
    RepresentationNon-official Indians nominated (elite only)Non-officials increased, Indians nominated by local bodies
    Legislative PowersLimited; financial matters excludedRight to discuss budget and ask questions (no voting)
    DecentralizationRestored powers to Madras & BombayProvincial representation broadened
    ElectionNo provision for electionIndirect election introduced (term avoided)

    Fun Facts

    The 1861 Act marked the first time Indians entered legislative councils, though symbolically.

    The Raja of Benares was among the first Indians nominated in 1862.

    The 1892 Act was seen as a response to rising Indian nationalism and INC demands.

    Though the term 'election' was avoided in 1892, it effectively introduced electoral politics in India.

    Mains Key Points

    The Indian Councils Act 1861 initiated limited Indian involvement in governance through nomination of elites.
    It reversed excessive centralization and laid foundations of legislative decentralization.
    The 1892 Act responded to growing nationalism and INC demands by allowing indirect elections.
    However, both Acts kept real power with the Crown and officials, restricting Indian influence.
    These Acts represent early, cautious steps toward representative institutions in colonial India.

    Prelims Strategy Tips

    1861 – First introduction of Indians in councils (non-officials).
    1861 – Restored legislative powers to Madras & Bombay; recognized Portfolio system.
    1892 – First indirect elections to councils; right to discuss budget (not vote).
    Both Acts offered token representation with limited powers.

    Indian Councils Act – 1909 (Minto-Morley Reforms)

    Key Point

    The Indian Councils Act of 1909, also known as the Minto-Morley Reforms, expanded legislative councils, introduced indirect elections, allowed limited participation of Indians in governance, and for the first time included an Indian in the Viceroy’s Executive Council. However, it also sowed the seeds of communal politics by introducing separate electorates for Muslims.

    The Indian Councils Act of 1909, also known as the Minto-Morley Reforms, expanded legislative councils, introduced indirect elections, allowed limited participation of Indians in governance, and for the first time included an Indian in the Viceroy’s Executive Council. However, it also sowed the seeds of communal politics by introducing separate electorates for Muslims.

    Detailed Notes (20 points)
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    Background
    The Partition of Bengal (1905) sparked strong nationalist protests and political unrest. To calm the situation and show willingness to reform, the British government decided to introduce constitutional changes.
    Under the Indian Councils Act, 1892 councils could only discuss
    The Indian National Congress (INC) from 1906 onwards openly demanded Swaraj
    A change of government in Britain (the Liberal Party victory) brought John Morley
    In 1906 the Shimla Deputation — Muslim leaders led by the Aga Khan — asked for special safeguardsseparate electorates
    Provisions
    1. Enlarged Legislative Councils: The Central Legislative Council was increased in size (from about 16 to 60 members); provincial councils were also expanded, though sizes varied by province.
    2. Central Council Majority: Despite enlargement, the Central Legislative Council continued to have an official (government) majority — meaning British officials still held most power at the centre.
    3. Provincial Councils: Provinces were allowed more non-official (Indian) members and in some provinces a non-official majority became possible, increasing local Indian influence.
    4. Enhanced powers: Councils were given stronger powers to discuss and pass resolutions on the budget and to ask supplementary questions
    5. Indians in Executive Council: For the first time
    - Example: Satyendra Prasad Sinha
    6. Separate electorates: A system of separate electoratesMuslims(This institutionalized communal representation.)
    7. Controlled franchise and nomination: Most new seats were filled by nomination or limited/indirect election
    Significance
    1. It was the first time Indians entered the Viceroy’s Executive Council
    2. The Act expanded Indian participation
    3. By introducing separate electoratessowed seeds of communal division
    4. The reforms set the stage for larger constitutional changes that followed (for example, the Montagu–Chelmsford reforms of 1919

    Features of Indian Councils Act 1909

    AspectDetails
    Legislative CouncilsCentral expanded from 16 to 60; Provinces enlarged variably
    MajorityOfficial majority retained at Centre; non-official majority allowed in Provinces
    PowersCould discuss budget, pass resolutions, ask supplementary questions
    Indian RoleIndians included in Viceroy’s and Governors’ executive councils
    Communal RepresentationSeparate electorates introduced for Muslims

    Fun Facts

    Lord Minto earned the title ‘Father of Communal Electorate’ for introducing separate electorates for Muslims.

    Satyendra Prasad Sinha became the first Indian to join the Viceroy’s Executive Council.

    Despite expanded councils, the government still retained control through official majorities.

    This Act was strongly opposed by Indian nationalists for encouraging communal politics.

    Mains Key Points

    The Act of 1909 expanded Indian representation but ensured British control through official majorities.
    It introduced Indians into the Viceroy’s Executive Council, marking a milestone in representation.
    Separate electorates for Muslims institutionalized communal politics and divided national unity.
    The reforms were a partial concession to INC’s demand for self-government but fell short of expectations.
    It laid groundwork for further reforms in 1919 but also deepened communal divides leading to partition.

    Prelims Strategy Tips

    1909 – Known as Minto-Morley Reforms.
    First Indian (Satyendra Prasad Sinha) in Viceroy’s Executive Council.
    Separate electorates for Muslims introduced.
    Central Council increased to 60 members.
    Official majority at Centre, non-official majority in Provinces.

    Government of India Acts – 1919 & 1935

    Key Point

    The Government of India Act of 1919 (Montagu–Chelmsford Reforms) introduced dyarchy in provinces, direct elections, bicameralism at the Centre, and expanded communal representation. The Government of India Act of 1935 went further by providing provincial autonomy, abolishing dyarchy in provinces, introducing federal features, creating a Federal Court, and extending franchise to about 10% of the population. Many features of the Indian Constitution were borrowed from the 1935 Act.

    The Government of India Act of 1919 (Montagu–Chelmsford Reforms) introduced dyarchy in provinces, direct elections, bicameralism at the Centre, and expanded communal representation. The Government of India Act of 1935 went further by providing provincial autonomy, abolishing dyarchy in provinces, introducing federal features, creating a Federal Court, and extending franchise to about 10% of the population. Many features of the Indian Constitution were borrowed from the 1935 Act.

    Detailed Notes (42 points)
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    Government of India Act 1919 (Montagu–Chelmsford Reforms)
    Background
    Growing Indian demand for greater representation and self-government after World War I.
    Montagu’s August Declaration (1917) promised the "progressive realization of responsible government" in India.
    The Home Rule Movement (Tilak, Annie Besant) and Indian political activity increased pressure on the British to reform.
    Provisions
    1. Division of powers: Legislative subjects were divided between the Centre and the Provinces (first formal distribution of subjects).
    2. Separation of budgets: Provincial budgets were separated from the Central budget, giving provinces greater financial control.
    3. Dyarchy in provinces: Provincial subjects were split into "transferred" (handled by ministers responsible to the legislature) and "reserved" (kept with the Governor and his executive council).
    4. Bicameralism at Centre: The Imperial Legislative Council was reorganized into two chambers (an Upper House and a Lower House).
    5. Direct elections: For the first time a majority of members of the legislative bodies were to be chosen by direct election (though franchise remained limited).
    6. Indians in Viceroy’s Executive Council: Three Indians were included in the Viceroy’s Executive Council (excluding the Commander-in-Chief), increasing Indian representation at the centre.
    7. Communal representation extended: Separate seats were provided for Sikhs, Christians, Anglo-Indians and Europeans (building on earlier communal measures).
    8. High Commissioner for India: New office in London to represent Indian affairs at the Imperial centre.
    9. Public Service Commissions: Provision made for establishment of public service commissions (they were set up later; Provincial PSCs followed and the Central PSC was formed in 1926).
    10. Statutory review: A Statutory Commission was to review the working of the Act after ten years (this led to the Simon Commission in 1927).
    11. Secretary of State salary: The Secretary of State’s salary and cost were to be borne by the British exchequer rather than by Indian revenues.
    Significance
    It was the first major experiment
    Introduced direct elections
    It also institutionalized communal representation
    Indian leaders considered the reforms insufficient
    Government of India Act 1935
    Background
    Post–World War I political pressure, the Simon Commission (1927), and the Round Table Conferences led to recommendations for a wider constitutional settlement; the White Paper of 1933 shaped the 1935 Act.
    Provisions
    1. Provincial autonomy: Dyarchy at the provincial level was abolished. Provinces were to have responsible governments (from 1937) with ministers accountable to elected legislatures.
    2. Dyarchy at Centre: Dyarchy at the central/federal level was proposed in the Act but never implemented in practice.
    3. Bicameralism in provinces: Six provinces (Bengal, Bombay, Madras, Assam, United Provinces, Bihar) were given two houses where applicable.
    4. Division of powers: Subjects were divided into Federal, Provincial and Concurrent lists; residuary powers remained with the Viceroy (the Crown).
    5. All-India Federation: An All-India Federation (including princely states) was envisaged but never came into existence because princely states did not join.
    6. Separate electorates and special seats: Extended to depressed classes (Scheduled Castes), women and various interest groups, formalizing wide communal and special representation.
    7. Franchise: Substantially widened — about 10% of the population (roughly 35 million people) could vote under the new limited franchise.
    8. Federal Court: A Federal Court was created in 1937 to decide disputes between Centre and Provinces and to be the highest court on federal questions.
    9. Reserve Bank of India: The Act provided for establishment of the Reserve Bank (set up in 1935) to regulate currency and credit.
    10. Public Service Commissions: Provisions for a Federal Public Service Commission, Provincial PSCs and Joint PSCs were included.
    11. Abolition of Council of India: The Council of India (created in 1858) was abolished and new central institutions in London/India were reorganized.
    Significance
    The 1935 Act was the most comprehensive pre-independence constitutional reform; it provided provincial self-government and a federal framework.
    Elections of 1937 under the Act led to the Indian National Congress forming ministries in several provinces — a major step in practical self-rule.
    Many institutions and ideas of the modern Indian Constitution (federal structure, PSCs, RBI, Federal Court → Supreme Court) trace roots to this Act.
    Nevertheless, critics argued it retained too many reservations and powers for the Viceroy and British government, and the All-India Federation did not materialize.

    Comparison of Government of India Acts 1919 & 1935

    Aspect1919 Act1935 Act
    SystemDyarchy in provincesProvincial autonomy; Dyarchy at Centre (never applied)
    LegislatureBicameralism at Centre; Direct elections introducedBicameralism extended to 6 provinces
    RepresentationExtended communal representation (Muslims, Sikhs, Christians, Anglo-Indians)Separate electorates for SCs, women, labour
    FranchiseVery limited electorateExtended to ~10% of population
    InstitutionsHigh Commissioner in London, PSC (1926)Federal Court (1937), RBI (1935), PSCs at all levels
    FederationNot providedAll-India Federation proposed (never came into effect)

    Fun Facts

    The Simon Commission (1927), boycotted by Indians, was set up under the 1919 Act’s review clause.

    Under the 1919 Act, only 5 million Indians (less than 3%) had voting rights.

    The 1935 Act created the Reserve Bank of India, which still functions as India’s central bank.

    The 1935 Act was the longest legislation passed by the British Parliament for India, with 321 sections and 10 schedules.

    Mains Key Points

    The 1919 Act introduced dyarchy and direct elections but failed to satisfy nationalist aspirations.
    It entrenched communal representation, leading to further divisions.
    The 1935 Act was the most comprehensive reform, introducing provincial autonomy and proposing federation.
    Despite its shortcomings, the 1935 Act shaped the framework of the future Indian Constitution.
    Both Acts reflect the British strategy of gradual reforms while maintaining control.

    Prelims Strategy Tips

    1919 – Dyarchy in provinces; bicameralism at Centre; direct elections introduced.
    1919 – Montagu’s August Declaration ➜ gradual responsible government.
    1935 – Provincial autonomy; federal structure proposed; separate electorates extended.
    1935 – RBI (1935), Federal Court (1937); franchise extended to 10% of population.

    Indian Independence Act of 1947

    Key Point

    The Indian Independence Act of 1947 ended British rule in India, partitioned the country into two dominions – India and Pakistan – and transferred sovereign powers to them. It abolished the offices of Viceroy and Secretary of State, ended British paramountcy over princely states, and empowered the Constituent Assemblies of both dominions to frame their own constitutions.

    The Indian Independence Act of 1947 ended British rule in India, partitioned the country into two dominions – India and Pakistan – and transferred sovereign powers to them. It abolished the offices of Viceroy and Secretary of State, ended British paramountcy over princely states, and empowered the Constituent Assemblies of both dominions to frame their own constitutions.

    Detailed Notes (21 points)
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    Background
    There was a long-standing demand from Indians for the transfer of power to Indian hands.
    The Mountbatten Plan (accepted by the Congress, the Muslim League, and Sikh leaders) laid out the final steps for independence and partition.
    Provisions
    1. End of British Rule: India was declared independent and sovereign from 15 August 1947.
    2. Partition of India: Two separate Dominions — India and Pakistan — were created; each Dominion would be free to remain in or leave the Commonwealth.
    3. Removal of British Offices: The offices of the Viceroy and the Secretary of State for India were abolished in relation to governance of the Dominions.
    4. End of British Responsibility: The British Crown no longer had any obligation to govern India or Pakistan.
    - The Constituent Assemblies of both Dominions were authorized to frame their own constitutions and to repeal or modify British laws as necessary.
    5. End of Paramountcy: British paramountcy over the princely states and tribal areas ended on 15 August 1947; treaties with rulers lapsed on that date.
    6. Princely States: Rulers were given the option to accede to India, to Pakistan, or to remain independent (practical realities often limited true independence).
    7. Nominal Heads: The Governor-General of India and provincial governors became constitutional (nominal) heads, acting on the advice of their ministers.
    8. Civil Services: Recruitment through the British Secretary of State was stopped and prior reservation arrangements were ended; Indian control over services increased gradually.
    9. Royal Titles: The British monarch ceased to use'Emperor of India'.
    Significance
    The Partition created two independent Dominions, India and Pakistan, marking the formal end of British political control in most of the subcontinent.
    The Radcliffe Commission
    Lord Louis Mountbatten
    Jawaharlal Nehru
    C. Rajagopalachari
    The Constituent Assembly of India

    Key Features of Indian Independence Act 1947

    AspectDetails
    End of British RuleIndia and Pakistan declared independent dominions on 15 Aug 1947
    PartitionTwo dominions with right to secede from Commonwealth
    Princely StatesFree to join India, Pakistan, or remain independent
    British OfficesViceroy & Secretary of State abolished
    Constituent AssemblySovereign authority to draft and adopt constitutions
    Civil ServicesSecretary of State recruitment stopped
    Royal TitlesKing dropped title 'Emperor of India'

    Fun Facts

    The Indian Independence Act was passed by the British Parliament on 18 July 1947, just a month before independence.

    The Act did not lay down a constitution but only gave power to the dominions to create one.

    India’s independence was announced by Clement Attlee, the then British Prime Minister.

    C. Rajagopalachari became the only Indian to serve as Governor-General of India.

    Mains Key Points

    The Act ended nearly 200 years of British rule in India.
    It implemented partition, creating India and Pakistan as dominions.
    It ended British paramountcy over princely states, allowing them to choose accession.
    It marked the end of the Secretary of State and Viceroy system, transferring sovereignty to Indian hands.
    Though it ended colonial rule, the communal divide institutionalized under earlier acts culminated in Partition.

    Prelims Strategy Tips

    1947 Act – Implemented Mountbatten Plan; Partition of India.
    Dominions of India & Pakistan created; right to leave Commonwealth.
    Princely states given option of accession or independence.
    Governor-General became nominal head; Viceroy office abolished.
    Constituent Assemblies became sovereign law-making bodies.

    Making of the Constitution of India

    Key Point

    The Constitution of India came into effect on January 26, 1950, after being adopted on November 26, 1949. It was drafted by the Constituent Assembly, formed under the Cabinet Mission Plan of 1946. The Assembly represented diverse sections of Indian society and worked for nearly 3 years to create the world’s longest written constitution for a sovereign, democratic, and republic India.

    The Constitution of India came into effect on January 26, 1950, after being adopted on November 26, 1949. It was drafted by the Constituent Assembly, formed under the Cabinet Mission Plan of 1946. The Assembly represented diverse sections of Indian society and worked for nearly 3 years to create the world’s longest written constitution for a sovereign, democratic, and republic India.

    Detailed Notes (30 points)
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    Demand for a Constituent Assembly
    1934: M.N. Roy first proposed the idea of a Constituent Assembly — a body elected to draft a constitution for India.
    1935: The Indian National Congress formally adopted the demand for a Constituent Assembly in its manifesto.
    1940: The August Offer (by the British government) accepted the idea of a constituent body in principle.
    1946: The Constituent Assembly was finally constituted under the Cabinet Mission Plan.
    Formation of the Constituent Assembly
    Objective: To frame a Constitution for an independent India that would ensure fair representation to all communities and social groups.
    Composition: Initially 389 members — 296 from British India (provinces) and 93 nominated by princely states.
    Allocation: Seats were allocated by population; separate representation was provided for Muslims, Sikhs and the General (non-Muslim, non-Sikh) communities.
    Election method: Members were chosen by indirect elections — provincial legislative assemblies elected representatives to the Assembly; princely states nominated their members later.
    Participation: The Assembly included leaders from all major communities — Hindus, Muslims, Sikhs, Christians, Parsis, Anglo-Indians, Scheduled Castes, Scheduled Tribes and women. Mahatma Gandhi did not personally join the Assembly.
    Result of 1946 elections (for provincial seats): Congress – 208 seats; Muslim League – 73 seats; Others – 15 seats.
    Important Facts
    First Meeting: 9 December 1946 — the Constituent Assembly assembled for the first time.
    Interim President: Dr. Sachchidananda Sinha acted as the temporary presiding officer for the first sitting.
    Elected President: Dr. Rajendra Prasad was elected as the permanent President of the Assembly.
    Vice-Presidents: H.C. Mukherjee and V.T. Krishnamachari served as Vice-Presidents.
    Time taken to draft: 2 years, 11 months, 18 days (from first meeting to adoption).
    Adopted: The Constitution was adopted on 26 November 1949came into force on 26 January 1950 (Republic Day).
    Changes after 1947: After independence the Assembly became a fully sovereign legislative body with power to make laws for the Dominion of India.
    Dual Role of Assembly: 1) Draft the Constitution, and 2) serve as the interim Parliament to make ordinary laws.
    First Parliament: While performing legislative functions, the Assembly had Dr. Rajendra Prasad as President (for constitutional work) and G.V. Mavlankar as the Speaker for legislative business.
    Final Strength: After partition and withdrawals, the Assembly's strength fell to 299 members (229 from provinces, 70 from princely states).
    Objectives Resolution (Moved by Jawaharlal Nehru, 1946)
    1. India shall be an independent sovereign democratic republic with its own constitution.
    2. All power
    3. The Constitution shall secure to all citizens justice (social, economic and political), liberty (of thought, expression, belief, faith and worship), and equality of status and opportunity.
    4. It shall provide for adequate safeguards for minorities, backward and tribal areas and depressed and other backward classes.
    5. It shall be the duty of the state to promote the welfare of the people and to maintain freedom, equality and fraternity assuring the dignity of the individual and the unity and integrity of the nation.
    6. The Assembly pledged India's commitment to world peace and to an international order based on morality and justice.

    Composition of Constituent Assembly

    CategorySeats Allocated
    Total Members389
    From British Provinces296
    From Princely States93
    Final Strength (after Partition)299

    Fun Facts

    The Constituent Assembly met for 11 sessions over 2 years, 11 months, and 18 days.

    Total expenditure on drafting the Constitution was about ₹64 lakh.

    Dr. B.R. Ambedkar, chairman of the Drafting Committee, is called the ‘Father of the Indian Constitution’.

    The date 26 January was chosen for enforcement to commemorate the 1930 ‘Purna Swaraj’ Declaration.

    Mains Key Points

    The Constituent Assembly represented diverse communities, political groups, and regions of India.
    It functioned as both constitution-framing and law-making body after independence.
    The Objectives Resolution guided the drafting and later became the basis of the Preamble.
    The Assembly ensured inclusion of fundamental rights, federal structure, and parliamentary democracy.
    The Constitution reflected both Indian traditions and global best practices in constitutionalism.

    Prelims Strategy Tips

    Constituent Assembly first met on 9 Dec 1946; Dr. Rajendra Prasad elected President.
    Total strength – 389; final strength after Partition – 299.
    Drafting took 2 years, 11 months, 18 days.
    Constitution adopted – 26 Nov 1949; enforced – 26 Jan 1950.
    Objectives Resolution by Nehru laid foundation of Preamble.

    Other Functions and Committees of the Constituent Assembly

    Key Point

    Apart from framing the Constitution, the Constituent Assembly also performed legislative functions, adopted national symbols, and elected India’s first President. It had multiple committees – major and minor – that worked on specific aspects like Union powers, fundamental rights, procedures, finance, and the judiciary.

    Apart from framing the Constitution, the Constituent Assembly also performed legislative functions, adopted national symbols, and elected India’s first President. It had multiple committees – major and minor – that worked on specific aspects like Union powers, fundamental rights, procedures, finance, and the judiciary.

    Detailed Notes (8 points)
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    Other Functions of Constituent Assembly
    The Constituent Assembly also performed several practical and symbolic functions beyond drafting the Constitution to keep the new nation running and to give it identity.
    Enacted ordinary laws for governance until the first general elections (1951–52) so that the country had working laws after independence.
    Ratified India’s Commonwealth membership in May 1949, confirming India's place in the international community while remaining a sovereign dominion.
    Adopted the national flag on 22 July 1947 — the tricolour (saffron, white with Ashoka Chakra, and green) became India’s official flag.
    Adopted the national anthem and national song on 24 January 1950: the anthem Jana Gana Mana and the song Vande Mataram were given official status.
    Elected Dr. Rajendra Prasad as the first President of India on 24 January 1950 (the Assembly also performed this electoral role).
    The Assembly functioned as the provisional Parliament handling ordinary legislation and governance in the interim.

    Committees of Constituent Assembly

    CommitteeHead
    Union Power CommitteeJawaharlal Nehru
    Union Constitution CommitteeJawaharlal Nehru
    States CommitteeJawaharlal Nehru
    Provincial Constitution CommitteeSardar Patel
    Advisory Committee on Fundamental RightsSardar Patel
    Rules of Procedure CommitteeDr. Rajendra Prasad
    Steering CommitteeDr. Rajendra Prasad
    National Flag (Ad-hoc)Dr. Rajendra Prasad
    Draft Constitution (Special Committee)Jawaharlal Nehru
    Credentials CommitteeAlladi Krishnaswamy Ayyar
    Finance & Staff CommitteeDr. Rajendra Prasad
    Press Gallery CommitteeUsha Nath Sen
    Chief Commissioners’ Provinces CommitteeB. Pattabhi Sitaramayya
    Linguistic Provinces CommissionS.K. Dhar
    Financial Provisions (Expert Committee)Nalini Ranjan Sarkar
    Supreme Court (Ad-hoc)S. Varadachari
    Citizenship (Ad-hoc)S. Varadachari

    Fun Facts

    The Constituent Assembly worked through more than 20 committees to finalize the Constitution.

    The national flag was adopted in 1947, even before independence.

    The Constituent Assembly functioned as India’s Parliament until the 1952 elections.

    The Objectives Resolution later formed the basis of the Preamble.

    Mains Key Points

    The Constituent Assembly was not just a constitution-framing body but also acted as provisional Parliament.
    It gave India national symbols and elected the first President.
    Its committee system ensured detailed debate and division of work.
    Leadership of Nehru, Patel, Prasad, and Ambedkar was central to the drafting process.
    Its decisions reflected democratic consultation, consensus-building, and inclusivity.

    Prelims Strategy Tips

    CA also adopted national flag (1947), anthem & song (1950).
    Dr. Rajendra Prasad elected first President of India on 24 Jan 1950.
    CA had 22 major & minor committees for drafting work.
    Nehru, Patel, Prasad chaired most key committees.

    Drafting Committee and Enactment of the Constitution

    Key Point

    The Drafting Committee of the Constituent Assembly, established on August 29, 1947, was the most important committee responsible for preparing the draft of the Constitution. Chaired by Dr. B.R. Ambedkar, it finalized the Constitution which was enacted on November 26, 1949, and enforced on January 26, 1950. The Constituent Assembly then became the Provisional Parliament of India.

    The Drafting Committee of the Constituent Assembly, established on August 29, 1947, was the most important committee responsible for preparing the draft of the Constitution. Chaired by Dr. B.R. Ambedkar, it finalized the Constitution which was enacted on November 26, 1949, and enforced on January 26, 1950. The Constituent Assembly then became the Provisional Parliament of India.

    Detailed Notes (32 points)
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    Drafting Committee
    Established: 29 August 1947 — soon after independence, to convert the Assembly’s discussions into a workable written draft.
    Chairman: Dr. B.R. Ambedkar — appointed to lead the detailed drafting work and reconcile different viewpoints into legal language.
    Function: To prepare the Draft Constitution based on debates, reports and committee recommendations of the Constituent Assembly.
    Enactment of the Constitution
    Date of enactment: 26 November 1949 — the Assembly formally adopted the final text on this date.
    Content: The Constitution contained the Preamble, 395 Articles (originally) and 8 Schedules (original arrangement).
    Preamble: Interestingly, the Preamble was drafted last — after the main Articles were finalised, to capture the spirit of the whole document.
    Partial enforcement: Some provisions (for example, Articles 5–9, 60, 324, 366–367, 379–392) were enforced from 26 November 1949 to enable transitional arrangements.
    Full enforcement: Remaining provisions26 January 1950 (Republic Day).
    Enforcement of the Constitution
    26 January 1950 was chosen as the date of commencementPurna Swaraj (Declaration of Complete Independence) adopted by the Congress.
    On this day the Constituent Assembly discontinued its constitution-drafting roleProvisional Parliament
    Two earlier Acts were repealed to clear the way for the new legal order: the Indian Independence Act, 1947 and the Government of India Act, 1935.
    Criticism of the Constituent Assembly
    1. Non-representative: Members were not directly elected by the people of India; most were chosen by provincial assemblies or nominated by princely states.
    2. Not fully sovereign initially: The Assembly was constituted under the Cabinet Mission Plan, a British framework, so critics argued it did not spring purely from Indian sovereignty.
    3. Time-consuming process: Drafting took nearly 3 years (contrast: US Constitution in 1787 took about 4 months) — critics said this was slow.
    4. Congress dominance: Many observed that the Assembly was dominated by Congress leaders, raising questions about the breadth of political diversity (Granville Austin famously noted 'The Assembly was the Congress').
    5. Lawyer-politician influence: Heavy participation by jurists and lawyers led to complex legal language and a detailed, lengthy document.
    6. Minority concerns: Some minority groups felt under-represented
    Hindi Text of the Constitution
    58th Constitutional Amendment Act (1987) inserted Article 394A which authorized the PresidentHindi and other Indian languages
    Important Facts
    Symbol: The elephant was adopted as the seal of the Constituent Assembly (a formal emblem used on Assembly documents).
    Constitutional Adviser: Sir B.N. Rau — provided essential research, comparative drafts and advice during early phases.
    Secretary of the Assembly: H.V.R. Iyengar — managed administrative work of the Assembly.
    Chief Draftsman: S.N. Mukherjee — supervised technical drafting of text.
    Calligrapher (English version): Prem Behari Narain Raizada — handwritten the official copy of the Constitution in beautiful script.
    Artists/Illustrators: Nand Lal Bose and Beohar Rammanohar Sinha — decorated and illustrated the original hand-written Constitution.
    Calligrapher (Hindi version): Vasant Krishan Vaidya — inscribed the Hindi text of the Constitution.
    These combined efforts produced both the legal textwork of art

    Members of Drafting Committee

    MemberNotes
    Dr. B.R. AmbedkarChairman
    N. Gopalaswamy AyyangarMember
    Syed Mohammad SaadullahMember
    Alladi Krishnaswami AyyarMember
    K.M. MunshiMember
    N. Madhava RaoSubstituted B.L. Mitter (resigned due to health)
    T.T. KrishnamachariSubstituted Dr. D.P. Khaitan (died 1948)

    Fun Facts

    The Drafting Committee held 141 days of sittings to finalize the Constitution.

    The Constitution of India is the longest written constitution in the world.

    It borrowed features from many constitutions including the USA, UK, Ireland, Canada, and Australia.

    The original handwritten copies of the Constitution are preserved in helium-filled cases in the Parliament of India.

    Mains Key Points

    The Drafting Committee was the most significant body in constitution-making, led by Ambedkar.
    The Constitution, with 395 Articles and 8 Schedules, was a product of exhaustive deliberation and comparative study.
    Its enforcement on January 26, 1950 symbolized the link with the 1930 Purna Swaraj Declaration.
    Despite criticisms of elitism, delay, and complexity, the Constituent Assembly succeeded in producing a democratic, inclusive, and federal Constitution.
    The legacy of the Drafting Committee continues as the foundation of India’s constitutional democracy.

    Prelims Strategy Tips

    Drafting Committee formed – 29 Aug 1947; Chairman – B.R. Ambedkar.
    Members – 7; replacements – N. Madhava Rao (for B.L. Mitter), T.T. Krishnamachari (for D.P. Khaitan).
    Constitution adopted – 26 Nov 1949; enforced – 26 Jan 1950.
    58th Amendment (1987) ➜ authorized Hindi publication of Constitution.

    Sources of the Indian Constitution

    Key Point

    The Constitution of India is the world’s longest written constitution and borrows several features from other constitutions as well as from the Government of India Act, 1935. These sources provided frameworks for federalism, parliamentary democracy, fundamental rights, directive principles, judicial review, and emergency provisions, making the Indian Constitution a unique blend of global best practices adapted to Indian needs.

    The Constitution of India is the world’s longest written constitution and borrows several features from other constitutions as well as from the Government of India Act, 1935. These sources provided frameworks for federalism, parliamentary democracy, fundamental rights, directive principles, judicial review, and emergency provisions, making the Indian Constitution a unique blend of global best practices adapted to Indian needs.

    Detailed Notes (47 points)
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    Government of India Act, 1935
    A major source for the Indian Constitution — provided the federal framework, ideas about the Governor, a modern judiciary, public service commissions, emergency powers and detailed administrative arrangements that India adapted and improved.
    American Constitution
    Key ideas adopted/influenced India:
    Written Constitution: a single written document (like the US) was chosen to state rights and rules clearly.
    Impeachment: method to remove a criminally liable President or high officials inspired India’s removal procedure for President and judges.
    Functions of President & Vice-President: India borrowed the idea of a separately elected Head of State with defined powers and a Vice-President.
    Removal of SC & HC judges: a formal removal (impeachment) process influenced by U.S. style safeguards to protect judicial independence.
    Fundamental Rights & Judicial Review: strong, enforceable rights and the power of courts to strike down unconstitutional laws follow the American model.
    Independence of Judiciary: structural safeguards (security of tenure, appointment rules) to keep courts independent.
    Preamble format: a terse, aspirational opening statement reflecting ideals (borrowed in spirit from U.S. wording).
    British Constitution
    Parliamentary and procedural features taken from Britain:
    Nominal Head of State: a ceremonial President (in practice) modeled on the British idea of a Crown Head being above day-to-day politics.
    Bicameral Parliament: Lok Sabha + Rajya Sabha mirrors the two-house British/Westminster tradition adapted to India.
    More powerful Lower House: the Council of Ministers is responsible to the directly elected Lower House — a key Westminster feature.
    Council of Ministers responsible to Lower House: collective responsibility and confidence convention adopted from Britain.
    Speaker’s role, Cabinet system, Prime Minister: parliamentary officers and cabinet government adopted in structure and practice.
    Soviet (USSR) Constitution
    The idea of Fundamental Duties
    Australian Constitution
    Practical features adapted:
    Concurrent list: a list where both centre and provinces/state may legislate (India adopted a similar concurrent list).
    Preamble language & style: some stylistic influence in framing objectives and structure.
    Article 108 → Joint sitting: the concept of resolving deadlocks between Houses (India’s Article 108) follows principles used in Commonwealth constitutions including Australia.
    Freedom of trade and commerce: idea of economic unity and free trade across the country is comparable to Australian provisions.
    Japanese Constitution
    India drew on the Japanese idea of a legal standard for government action expressed as ‘procedure established by law’
    German (Weimar Constitution)
    Some emergency powers and provisions about temporarily suspending certain rights in crisis — India studied these models but with safeguards to prevent abuse.
    Canadian Constitution
    Federal features that influenced India:
    Federalism with a strong Centre: India’s federal design favours a stronger central government like Canada’s practical federalism.
    Residuary powers to Centre: subjects not listed go to the Centre — a Canadian idea adopted in Indian form.
    Centre-appointed Governors: the practice of appointing state governors from the federal level resembles Canadian arrangements.
    Irish Constitution
    Major contributions:
    Directive Principles of State Policy: the non-justiciable social and economic policy goals in Part IV of the Indian Constitution were inspired by Ireland’s Directive Principles.
    Method of election of President & nomination to Upper House: certain procedural ideas for the Head of State and nominations were adapted from Ireland.
    French Constitution
    Symbolic and ideological influence:
    Concept of Republic: clear republican idea — sovereignty of the people and a written republican constitution.
    Values in the Preamble: ideals like liberty, equality, fraternity influenced the moral tone of India’s Preamble (phrases and spirit).
    South African Constitution
    Practical parliamentary procedures and representation ideas:
    Indirect election of Upper House members: Rajya Sabha’s indirect election method has parallels in Commonwealth systems including South Africa.
    Procedure for constitutional amendments: India examined varied amendment procedures (including South African models) while designing its own amendment rules.

    Sources of Indian Constitution

    SourceBorrowed Features
    Government of India Act 1935Federal scheme, Governor, Judiciary, PSC, Emergency provisions
    USAWritten Constitution, Fundamental Rights, Judicial Review, Preamble, President’s functions
    UKParliamentary system, PM, Cabinet, Bicameralism, Nominal Head, Speaker
    USSRFundamental Duties
    AustraliaConcurrent List, Joint Sitting, Freedom of trade, Preamble language
    JapanProcedure established by law
    Germany (Weimar)Suspension of rights during Emergency
    CanadaStrong Centre, Residuary powers, Governor appointments
    IrelandDPSP, Presidential election, Rajya Sabha nominations
    FranceRepublic, Liberty, Equality, Fraternity
    South AfricaRajya Sabha elections, Amendment procedure

    Fun Facts

    About 250 provisions of the Indian Constitution were borrowed from the Government of India Act, 1935.

    The Indian Constitution is influenced by more than 10 countries' constitutions.

    The ideals of ‘Liberty, Equality, Fraternity’ were inspired by the French Revolution.

    Directive Principles of State Policy in India came directly from the Irish Constitution.

    Mains Key Points

    The Indian Constitution borrowed from multiple global sources but adapted them to Indian conditions.
    The GOI Act 1935 contributed maximum administrative and federal provisions.
    USA inspired Fundamental Rights, Judicial Review, and Preamble.
    UK shaped India’s parliamentary democracy and cabinet system.
    Ireland, France, Australia, Canada, South Africa, Japan, and USSR added specific features ensuring inclusivity and adaptability.

    Prelims Strategy Tips

    GOI Act 1935 ➜ Federal scheme, Governor, PSC, Emergency provisions.
    USA ➜ Written Constitution, Fundamental Rights, Judicial Review, Preamble.
    UK ➜ Parliamentary system, PM, Cabinet, Bicameralism.
    USSR ➜ Fundamental Duties.
    Ireland ➜ DPSP, Presidential election, Rajya Sabha nominations.

    Chapter Complete!

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