indian polity Constitution

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**FIRST CHAPTER**

**Constitution:**

*   The originator of the concept of constitutionalism is 'Aristotle'. He systematically classified governments only after examining 158 constitutions and governments.  Aristotle, in his famous work "Politics," discussed the classification of constitutions and governments.
*   While Plato advocated for the rule of philosopher-kings, Aristotle supported the rule of law.
*   The person who said, "Rule of law is better than the rule of man" is Aristotle.
*   The world's first written constitution is "American Constitution".
*   The shortest constitution is the "American" constitution.
*   The most rigid constitution is the "American Constitution."
*   A written document that explains the structure of the government, the relationship between the branches of government, and the goals and aspirations of the government is called a "Constitution". - Herman Finer.
*   The Constitution is defined as the structure of government.
*   "The basic element or law that describes the way of life of the people of a country (state) is the Constitution" - Aristotle.
*   An example of an unwritten constitution in the world is Britain.
*   (The British Constitution is described as an evolutionary constitution.)

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*   Constitutions considered to be revolutionary in origin - America, Russia, and (France).
*   The Indian Constitution can be called an unwritten constitution.
*   An example of a written Constitution is - Denmark.

**Reference Books**

(1) Indian Government - Politics (Telugu Academy)
    *   M.A. Political Science (1st and 2nd year)
(2) H.D. Shourie - Polity (Telugu Academy)
(3) "An Introduction to the Indian Constitution"
    *   -D.D. Basu
(4) Indian Government - Politics
    *   Publishers: Scientific Services
    *   Editors: ... [Telugu script names, difficult to transliterate precisely without knowing the names], B.A.V.
(5) Kaveri Publications
    *   Indian Government:- Politics
    *   Editor: K.R. ... [Telugu script name]
    *   Writer: Bhogendra, Ravindrasastri, Vijayaraghava
(6) Indian Constitution - Padala Ramireddy
    *    [Telugu script name]

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*   In 1726, Presidencies were established.
    *   Calcutta, Bombay, Madras
*   Charter (Agreement) Act - 1600
*   Founder of the British Empire in India - Robert Clive
    *   Founding event - Battle of Plassey (1757) (Siraj-ud-Daulah -- Mir Jafar)
*   In 1765, they obtained the Diwani rights of Bengal, Bihar, and Orissa.
*   1773-Regulating Act(for regulating East India Company)
*   1st Bengal Governor - Warren Hastings
*   1st Governor General of Bengal - William Bentinck
    *   (Mumbai, Madras & Bengal)
*   The structure of the Indian judiciary - resembles Britain.
    *    The working of the Judiciary is similar to the America.
*   In 1772, the Collector system was introduced.

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History of the Indian Constitution):

*  For the conduct of trade affairs in India, ...
* The British East India Company was established in the year 1600.
*   With the approval of Queen Elizabeth, the East India Company was established through the Charter Act.
*   Charter means 'agreement'.
*   By 1612, the first trading post was established in Surat at the individual level.
*   By 1639, to Machilipatnam and Madras.
*   By establishing centers and started construction of St. George fort.
*   By 1667, the British had acquired the power to mint coins in our country.
*   In 1667, the first municipal corporation was established for the local administration of Madras.
*   In 1726, Presidencies were established in Bombay, Madras, and Calcutta, along with the establishment of Mayor's Courts.  Municipal administrative bodies were established in these 3 places.
*   Through the Battle of Plassey in 1757, the British started interfering in the internal affairs of India.
*   > The Battle of Plassey laid the foundation for the British Empire in India.
*   > The person who is known as the architect of the British Empire in India and the victor of the Battle of Plassey is - Robert Clive.
*   After the Battle of Buxar (1764), in 1765, the British obtained Diwani rights (revenue collection powers) in Bengal, Bihar, and Orissa.

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*   > In 1772, Warren Hastings introduced the Collector system in our country.
*   Regulating Act, 1773:  This Act was introduced to regulate the administrative affairs of the East India Company in India.
    *   'Lord Burgoyne' - This Act was introduced based on the report given by the Parliamentary Secret Committee.
    *   The then British Prime Minister, 'Lord North', drafted this Act.
    *   The Governor of Bengal was changed to 'Governor General of Bengal'.
    *   → The Presidencies of Bombay and Madras were also brought under the jurisdiction of the Governor General of Bengal.
    *   The first person to serve as Governor General - Warren Hastings.
    *   A council of 4 members was formed to advise the Governor General.
*   In 1774, the Supreme Court was established at Fort William in Calcutta as per this Act.
    *   → The first Chief Justice - Sir Elijah Impey. Along with him, three other judges were appointed.
    *   The judgments of the Supreme Court were not final.  Appeals against the judgments of this court could be made to the 'Privy Council' in London.
*   → This Act established a centralized administrative system in India.
    *   It can be said that this Act failed to bring about the changes desired by the British in India.
*   > The British government (East India Company) indirectly asserted its dominance over our country.
    *   This is called the first Indian Constitution Act.

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*   After 1858 - are called as council Acts
*   Before 1818 - Charter Acts
*   Council acts(British government), Charter acts (East India Company)
*   1st law commission - 1833- under the chairmanship of Lord Maculay
*   > Charter Act that abolished the slave system - 1833 Charter Act
    *   (abolished slavery) - Lord Ellenborough
*   The history of Indian constitution was classified into 6 phases by B.C. Rawat
*   1600-1773 First Phase
*   1773-1858 Second Phase
*   1858-1909 Third Phase
*   1909-1935 Fourth Phase
*   1935-1947 Fifth Phase
*   1947-1950 Sixth Phase
*   1781 Extension Act; For the first time, the British government mentioned the term 'British territories' in our country through this Act.
    *   Officially, the British declared their territories in our country and a law was made in the Parliament of that country.
*   Pitt's India Act, 1784:
    *   * This Act was introduced to rectify the shortcomings in the Regulating Act.
    *   * Named after the then British Prime Minister 'William Pitt the Younger'
         -Act was introduced
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*   * This Act established two systems for the management of the affairs of the East India Company.
    *   (a) Board of Control:  Six members, to oversee general administrative affairs of East India Company.
    *   (b) Court of Directors: To control all matters related to trade.
*   * This Act introduced a system of dual governance in our country.
*   Charter Act, 1793:
    *   → The trade and commercial privileges and administrative powers of the Company were renewed for another 20 years.
    *   * The Acts made during the Company's rule can be called Charter Acts.
*   Charter Act, 1813:
    *   This Act extended the Company's rights for another 20 years.
    *   → The monopoly of the Company in India was abolished and free trade was introduced (except for trade with China and trade in tea).
    *   The government allocated one lakh rupees for the spread of utilitarian education in India.
    *   → Allowed Christian missionaries to carry out their 'propaganda' for religious conversion.
    *   → Private individuals were also given the right to purchase land.
*   Local self-governing bodies were given the power to levy taxes.

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*   Charter Act, 1833:
    *   The Governor General of Bengal was changed to 'Governor General of India'.
    *   → First Governor General of India - William Bentinck.
    *   → For the first time, a 'Law Commission' was formed.  First
        *   'Law Commission' Chairman - Lord Macaulay.
    *   → A council was formed to give legislative advice to the Governor General.  Macaulay was also a member of this council.
*   > Slavery was abolished in India for the first time.  But, due to the opposition of Lord Ellenborough, its implementation was stopped.
*   + Indians were allowed to enter the Civil Service examinations. But due to the opposition of Best Court of Directors, its implementation was stopped.
    *   → The Company's rights were extended for another 20 years.
*Magna carta -1215*
*John Edward - I (British King) British cabinet*
*Problems faced by the people
   *   Opposed - Lord Macaulay
*   Benevolent
    *   (Wise Despotism)
    *  British queen's act
       1858
       Indian Secretary of state (London)
       State governor
       1858
*   "Good Governance in India" Act-1858

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*   Charter Act, 1853: This was the last charter act in the ruling period of East India Company.
    *   The Act did not mention the extension of the Company's rights.
    *   → Extensive powers were given to the Governor General.
    *   → Established Legislative Council and Executive Councils.
        *   Through Executive Council and Legislative Council.
        *   laid the foundations for the parliamentary system of government in our country.
    *   → Indians were allowed to enter the Civil Service examinations without any discrimination.
*   Government of India Act, 1858:
    *   188.  This Act was introduced by the British government after the Sepoy Mutiny of 1857.
    *   → Through this Act, Company rule in our country was abolished.
    *   India became an integral part of the British Empire.
    *   → The British Parliament will make the necessary laws for the administration of our country under the sovereignty of the British Queen.
    *   → A post called 'Secretary of State for India' was created in London.
    *   → As part of the British Cabinet, the Secretary of State for India will be responsible to the British Parliament for the affairs of our country.
    *   A council of 15 members was formed to advise the Secretary of State.
    *   → First Secretary of State - Charles Wood.
    *   The Governor General of India was changed to 'Viceroy'.
    *   → The first Viceroy of our country - Lord Canning
    *   → The only officer who worked both during the Company's rule and during the British government's rule - Lord Canning.

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*   The introduction of a centralized system of administration in a hierarchical manner in the Indian administrative system.
*   > Called as "Good Governance in India".
    *   → Queen Victoria described this Act as a Magna Carta for the freedom and liberty of the Indian people.
*   T.B. Macaulay described this Act as "an Act to establish benevolent despotism".
*   "Portfolio System - Allocation of Different Departments to Ministers"
*   * In 1859 "Civil Procedure Code (CPC)".
*   * In 1860 "Indian Penal Code (IPC)".
*   *1861 Criminal Procedure Code (Cr.Pc)".
*   He common civil code is -1.
*   * Introduced 'Civil Services' in India - Cornwallis.
*   * Wood's Despatch - Magna Carta for the English education system in India.
*   * The person who set the direction for the English system in the country - Lord Macaulay.

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*   Council Act, 1861:
*   In 1859, during the time of Lord Canning, the portfolio system introduced in our country was given legal validity.
    *   Portfolio - Allocation of departments to the members of the Council of Ministers in the government is called the "portfolio system".
*   → The Governor General was empowered to issue ordinances.
    *   ~→ Ordinance means 'order' and it has the same value as ordinary laws.
*   > The method of presenting the budget, the annual report on the income and expenditure of the government, was introduced.
*   For the first time, Indians were given representation in the Central Legislative Council. They are: (1) Maharaja of Patiala
    *   (2) Maharaja of Benares
    *   (3) Sir. Dinakar Rao
*   → Legislative Councils were formed in Bombay and Madras.
*   Council Act, 1892:
    *   Through this Act, the representation of Indians in the Central Legislative Assembly was increased to '6'.  Those who got membership in the Legislative Assembly are:
        *   (1) Surendranath Banerjee
        *   (2) Gopal Krishna Gokhale
        *   (3) Dadabhai Naoroji
        *   (4) Feroze Shah Mehta
        *   (5) Raj Bihari Ghosh
        *   (6) Bal Gangadhar Tilak
*   → The opportunity to question administrative matters other than the budget in the Central Legislative Assembly was provided.
*   → For the first time in our country, the process of selecting representatives was introduced.

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*   * The Indian National Congress was formed in 1885.
*   * R.C. Mazumdar classified the Indian national movement into 3 phases.
    *   Those are:
        *   (i) Moderates (1885-1905)
        *   (ii) Extremists (1905-1920)
        *   (iii) Gandhians (1920-1947)
*   * In 1905, Lord Curzon partitioned Bengal.
*   * The Vandemataram movement, the Swadeshi movement, and the boycott of foreign goods emerged in opposition to the partition of Bengal.
*   * In 1906, the 'Muslim League' was formed under the leadership of Nawab Salimullah Ali brothers of Dhaka.
*   * In 1907, the Surat split occurred between the Moderates and the Extremists in the Indian National Congress.

*   1909, Minto-Morley Reforms:
    *    In 1909, the Council Act was introduced. This is named after the Secretary of state Lord Morley and Viceroy Lord Minto.
*    → For the first time in our country, voting system on limited basis was introduced.
*   → Legislative Council was changed to Imperial Legislative Council.
    *   → The number of members of the Legislative Council was increased to 60.
    *    For the first time, representation was given to Indians in Governor General's Executive Council.
*   First Indian to become member of Council.
*   Sathyendra Prasad Sinha (S.P. Sinha)

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*   In India, separate electorates (reservations) were created for Muslims on a communal basis.
*   The father of communal electorates in India - Minto
*   The opportunity to question all matters including the budget in the Legislative Assembly and to introduce resolutions was provided.

*   * In 1911, the following events took place during the time of Lord Hardinge.
    *   (a) The capital of India was shifted from Calcutta to Delhi.
    *   (b) The partition of Bengal was annulled.
    *   (c) In 1911, at the Indian National Congress session held in Calcutta, the 'Jana Gana Mana' anthem was sung for the first time.
*   * In 1913, Lala Hardayal started the Gadar Party in London.
*   * In 1916, Mrs. Annie Besant and Bal Gangadhar Tilak led the 'Home Rule' movement.
*   * In 1919, protests were held against the Rowlatt Act introduced by the British.
*   * The main culprit for the Jallianwala Bagh massacre that took place in 1919 was General Dyer.
*   * Because Indians (helped the British) in World War I, they promised to give partial independence with 'Dominion Status' after the war, but it did not materialize.

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Montagu-Chelmsford Reforms Act, 1919
*   Montagu, who was the Secretary of State for India, and Chelmsford, who was the Governor-General, drafted this Act.
    *   It was stated that the aim was to introduce responsible government in India.
*   For the first time, a bicameral system was introduced in the Central Legislature.
    *   (a) Council of States;
        *   * This House, with 60 members, functions as the Upper House.
        *   * Term of office is 5 years.
        *   * Frederick White served as its Chairman.
    *   (b) Legislative Council;
        *   * Total number of members is 143 (excluding the Speaker).
        *   * Term of office is 3 years.
        *   * Speaker Vithalbhai Patel
            *   Deputy Speaker Sachchidananda Sinha.
*   The Governor General has the power to dissolve the above mentioned Houses before the completion of their term.
    *   → The number of members of the Legislative Assemblies in the provinces was increased.
    *   → The powers of the government were, in principle, divided between the Central and Provincial Governments.
        *   (a) Matters of national importance belong to the Center.
            *   Ex: Foreign affairs, defense, currency, railways ...
        *   (b) Matters of regional importance belong to the Provincial Governments.
            *   Ex: Agriculture, irrigation, local self-government, road transport ...
    *   → Dyarchy was introduced in the provinces.  The administrative subjects were classified into two lists.
        *   (a) Reserved List - Unimportant powers and Income generating resources like Land revenue, Law and order, Justice

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*  (2) Powers were given for this to Ministers who were appointed by governor. They are not responsible for Assembly.
    *   12
*   (b) Transferred list;   powers and importance are less. Only responsibilities are there in the list.
*   Ex: Local self-government, health ...
*   (1) These were given to ministers.
*   They are collectively responsible to assembly.
*   Separate reservations were given for Sikhs.
*   After 10 years a special commission will be formed to monitor the implementation of this act.
*In 1921, important changes implemented.*
*a. Public Accounts Committee (PAC) formed in 1921.*
*b. Railway budget was separated from the general budget*
*c. Central budget and state budgets were separated*
*d. India Council was abolished*
*e. Indian High Commissioner was appointed to supervise the importance of Secretary of state for India.*
*    → Employees selection, central and state level special arrangements were done.
*   * In 1920, Gandhiji started the Non-Cooperation Movement.
*   * 1922 - Chauri chaura incident - stopped.
*   * In 1923, Pandit Motilal Nehru and Chittaranjan Das together formed the Swaraj Party.
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Simon Commission:
-> To monitor the implementation of Montagu-Chelmsford reforms, Sir John Simon formed a commission in 1927 with 7 members.
*In 1928, Simon commission visited India.*
*-> As there was no representation for Indians, people protested with slogan "Simon Go Back".*
*In 1930, Simon commission submitted its report to the government in London.*
Important Points:
*(1) India should establish federal type of government*
*(2) The dyarchy introduced by the 1919 Act should be abolished.*
*(3) Indians should be given a share in the administration.*
*(4) Representation of Indians in the Legislative Assemblies should be increased.*
*   * In 1929, at the Lahore Congress session presided over by Pandit Jawaharlal Nehru, a resolution for complete independence (Poorna Swaraj) was passed.
*   * In 1930, Gandhiji started the Civil Disobedience Movement. This is also called the "Salt Satyagraha" and "Dandi Satyagraha".

Round Table Conferences:

*   To discuss the points in the Simon Commission report, and to consult with all sections of the people of India, the British conducted 3 Round Table Conferences in London.
*   First Round Table Conference, 1930
*   2nd Round Table Conference, 1931
*   3rd Round Table Conference, 1932
*   Mahatma Gandhi attended the 2nd Round Table Conference.
*  On this occasion, an agreement was reached between Gandhi and Lord Irwin, which is called the "Irwin Pact".