POC01 — Historical Background & Making of the Constitution
⚖ POC01 · Indian Polity – I · Chapter 1CDS Level★ High Priority
📌 CDS Focus: This chapter is tested every year — directly and indirectly. Questions focus on: (1) matching Acts to their key provisions, (2) identifying what was "first introduced" by which Act, (3) the Constituent Assembly — its composition, committees, and key persons. The progression from Company Rule → Crown Rule → Constitution is tested as a timeline. The dates of adoption (26 Nov 1949) and enforcement (26 Jan 1950) are direct PYQs.
PART A — COMPANY RULE (1773–1858)
1. Legislative Evolution Under Company Rule
Evolution of Constitutional Acts — Timeline
1.1 Regulating Act — 1773 PYQ Direct
Significance: The first step by the British Parliament to regulate the affairs of the East India Company. It was the first written constitution for governance of British India in a sense.
📌 Key Provisions
Created the post of Governor-General of Bengal — Warren Hastings became the 1st
Established a Supreme Court at Calcutta (Fort William) in 1774
Governors of Bombay and Madras made subordinate to Governor-General of Bengal
A 4-member council created to assist the Governor-General
EIC's political activities brought under Parliamentary scrutiny for the first time
⚠ Defects
GG had no veto — could be outvoted by 4-member council
Jurisdiction of Supreme Court was ill-defined — clashes with GG's council
No clear separation between political and commercial functions of EIC
Led to frequent conflicts → necessitated Pitt's India Act (1784)
1.2 Pitt's India Act — 1784 PYQ
Key concept — Dual Control: Distinguished between political functions (under a new Board of Control, responsible to Parliament) and commercial functions (retained by Court of Directors of EIC). For the first time, the British government directly controlled Indian affairs through the Board of Control. The GG was given power over his council (could override majority). India's territories called "British possessions in India" — first formal acknowledgment of political authority.
1.3 Charter Acts — 1793, 1813, 1833, 1853 Maximum PYQs
Act
Key Provision
First / Notable Feature
Charter Act 1793
EIC's charter renewed for 20 years; GG's power enhanced; Presidency governors given legislative council
Salaries of Board of Control members charged to Indian revenues
Charter Act 1813
EIC's monopoly over India trade ended (except China and tea); missionaries allowed; ₹1 lakh annually for Indian education
First time Indian education received a specific government grant
Charter Act 1833
EIC's commercial activities completely stopped; GG of Bengal became GG of India (Lord William Bentinck = 1st); Central Legislative Council; civil services opened to merit (not enforced)
First attempt at a Central Legislature for all of India; Macaulay as Law Member
Charter Act 1853
EIC's charter not renewed for fixed period (left open); competitive examination for civil services; legislative and executive functions of council separated for first time; 6 new legislative members added
First time Parliament introduced competitive exams; separation of legislature and executive = precursor to parliamentary system
⚠ Charter Act Traps: (1) EIC monopoly over Indian trade ended in 1813 (China trade continued until 1833). (2) First GG of India (not Bengal) = Lord William Bentinck = Charter Act 1833. (3) Competitive exams for civil service = 1853 — NOT 1833. (4) The 1853 Act did NOT fix a period for EIC — left open-ended (signalling its end was near). (5) Indian education grant = Charter Act 1813.
PART B — CROWN RULE (1858–1947)
2. Legislative Evolution Under Crown Rule
2.1 Government of India Act — 1858 High Priority PYQ
📜
GoI Act 1858
End of Company Rule
EIC abolished; Crown took direct control
GG became Viceroy — Lord Canning was the 1st Viceroy
Board of Control and Court of Directors abolished
Secretary of State for India created (in London Cabinet)
15-member India Council to assist Secretary of State
Passed after 1857 Revolt; Queen's Proclamation November 1858
📋
Indian Councils Act 1861
Portfolio System
Non-official Indians nominated to legislative councils (advisory — not elected)
Introduced portfolio system — each member assigned a department
Viceroy given power to issue ordinances (emergency laws for 6 months)
Legislative councils at Bombay and Madras restored; Bengal council created
Marked beginning of representative (though not elected) governance
📋
Indian Councils Act 1892
Limited Elections
Number of additional (non-official) members increased in legislative councils
Introduced the principle of indirect election — though called "nomination"
Members could ask questions on budget (but not vote on it)
First step towards representative government — weak but symbolic
📋
Morley-Minto Reforms 1909
Indian Councils Act 1909
Enlarged legislative councils; some elected members (indirect election)
Introduced separate electorates for Muslims — pivotal and controversial
First Indian appointed to Viceroy's Executive Council: Satyendra Prasanna Sinha
Morley = Secretary of State; Minto = Viceroy
Sowed seeds of communal politics; basis of future partition
2.2 Montagu-Chelmsford Reforms — GoI Act 1919 PYQ Direct
Key Concept — Dyarchy: The most important concept introduced by this Act. Provincial subjects were divided into two lists:
• Transferred subjects (given to Indian ministers responsible to legislature): education, public health, agriculture, local self-government
• Reserved subjects (remained with the Governor): finance, police, land revenue, irrigation
Montagu = Secretary of State; Chelmsford = Viceroy. Dyarchy failed because finances (reserved) controlled by Governor, so ministers couldn't implement policies without funds.
📌 Other Key Provisions — GoI Act 1919
Bicameral legislature at Centre for the first time: Council of State (Upper) + Legislative Assembly (Lower)
Separate electorates extended (Sikhs, Indian Christians, Anglo-Indians, Europeans also got separate electorates)
Right to vote extended (limited, property-based)
Public Service Commission established (precursor to UPSC)
3 of 6 members of Viceroy's Executive Council to be Indian
⚠ Why Dyarchy Failed
Indian ministers had responsibilities but no financial control
Governor retained veto — could override ministers
INC called it "unworkable" — boycotted elections in many areas
Simon Commission (1927) appointed to review its working
Report led to GoI Act 1935 which abolished provincial dyarchy
2.3 Government of India Act — 1935 High Priority PYQ
Most Important Pre-Constitution Act. The GoI Act 1935 is the longest-ever Act passed by British Parliament for India. Many provisions of the Indian Constitution were borrowed from this Act. It had 321 sections and 10 schedules.
GoI Act 1935 — Key Features
⚠ GoI Act 1935 Traps: (1) All-India Federation = never implemented (princely states did not join). (2) Provincial Autonomy = implemented (Congress won 1937 elections). (3) RBI was established under this Act — NOT the GoI Act 1919. (4) Dyarchy was introduced in provinces in 1919 and abolished in provinces in 1935 (moved to Centre). (5) Ambedkar called it "Charter of Bondage" — NOT of freedom.
PART C — CONSTITUENT ASSEMBLY
3. The Constituent Assembly
3.1 Formation & Composition High Priority PYQ
📌 Formation
Demanded by INC since 1934 (M.N. Roy first demanded it)
Accepted by Cabinet Mission Plan (1946)
Elected indirectly — by elected members of Provincial Legislative Assemblies
First meeting: 9 December 1946
Dr. Sachidananda Sinha = temporary/interim President (oldest member)
Dr. Rajendra Prasad elected permanent President (11 December 1946)
Sir B.N. Rau = Constitutional Adviser
📌 Composition
Total: 389 members (initially); after partition, 299 members remained
292 from British Provinces + 93 from Princely States + 4 from Chief Commissioner's Provinces
Proportional representation — 1 seat per 10 lakh population
Not directly elected by people — provincial assembly members voted
3.2 Committees of the Constituent Assembly PYQ Direct
Committee
Chairman
Key Function
Drafting Committee
Dr. B.R. Ambedkar
Most important; prepared the draft of the Constitution; 7 members; Constitution drafting completed 2 years 11 months 18 days
Union Constitution Committee
Jawaharlal Nehru
Federal executive and legislature at Union level
Union Powers Committee
Jawaharlal Nehru
Distribution of powers between Centre and States
Provincial Constitution Committee
Sardar Vallabhbhai Patel
Constitutional provisions for provinces (states)
Advisory Committee on Minorities
Sardar Vallabhbhai Patel
Fundamental Rights, Minority rights, Tribal areas
Steering Committee
Dr. Rajendra Prasad
Organised and managed overall working of the Constituent Assembly
Rules of Procedure Committee
Dr. Rajendra Prasad
Rules governing the Constituent Assembly proceedings
Order of Business Committee
K.M. Munshi
Scheduling and order of assembly business
💡 Key Mnemonic — Drafting Committee (7 Members):Alladi Krishnaswami Ayyar + BR Ambedkar (Chairman) + Dr KM Munshi + KT Shah + Mohammad Saadulla + N Madhava Rau + TT Krishnamachari = Remember — Ambedkar chaired it. Two members (Syed Muhammad Saadulla and DPKhaitan) resigned/died and were replaced.
3.3 Objectives Resolution — 1946 PYQ
Objectives Resolution was moved by Jawaharlal Nehru on 13 December 1946 and adopted on 22 January 1947. It laid down the aims and objectives of the Constitution — which became the Preamble. Key ideas: Sovereign Democratic Republic; Justice (social, economic, political); Liberty; Equality; Fraternity; protection of minorities; integrity of territory. It declared India's resolve to be free and self-governing.
3.4 Working of the Constituent Assembly PYQ
📅
Timeline
Key Dates
First meeting: 9 December 1946
Objectives Resolution adopted: 22 January 1947
Independence: 15 August 1947
Constitution adopted: 26 November 1949
Constitution enforced: 26 January 1950
Duration: 2 years, 11 months, 18 days
Sessions: 11 sessions; 165 days in 3 years
📊
Numbers
Facts of the Constitution
Total expenditure on drafting: ~₹64 lakh
Original: 395 Articles, 8 Schedules, 22 Parts
Currently: 448 Articles, 12 Schedules, 25 Parts (amended)
Total amendments till date: 106 (as of 2024)
Handwritten (calligraphed) and signed — no typewriter or print used
Preamble written by Sir Alladi Krishnaswami Ayyar (drafted)
🌍
Sources of the Constitution
Borrowings
UK — Parliamentary system, Cabinet system, Rule of Law, single citizenship
USA — Fundamental Rights, judicial review, impeachment, President as head
Ireland — DPSP (Directive Principles), method of Presidential election
GoI Act 1935 — Federal structure, 3 lists, Emergency provisions, Federal Court → SC
Canada — Federation with strong Centre, residuary powers to Centre
Australia — Concurrent list, freedom of trade and commerce
Germany (Weimar) — Suspension of Fundamental Rights during Emergency
USSR — Fundamental Duties (42nd Amendment)
⚠ Constituent Assembly Traps: (1) Constituent Assembly was NOT directly elected — elected indirectly by provincial assemblies. (2) First meeting = 9 December 1946; NOT 26 January 1950. (3) Rajendra Prasad = President of Constituent Assembly (NOT Ambedkar). (4) Ambedkar = Chairman of Drafting Committee (NOT Rajendra Prasad). (5) Constitution adopted = 26 November 1949; Constitution enforced/enacted = 26 January 1950. (6) M.N. Roy — first proposed the idea of Constituent Assembly (1934) — NOT Nehru.
1853 — Charter; civil service exam; leg-exec separation
📋 Crown Acts
1858 — EIC abolished; Viceroy; Sec of State
1861 — Indians in councils; portfolio; ordinance
1892 — Limited elections; budget questions
1909 — Morley-Minto; separate electorates; Sinha
1919 — Dyarchy in provinces; bicameral centre
⚖️ GoI Act 1935
All-India Federation — never implemented
Provincial Autonomy — implemented
Dyarchy abolished (provinces); 3 Lists
Federal Court → Supreme Court
RBI established under this Act
🏛️ Constituent Assembly
First meeting: 9 Dec 1946
President: Dr. Rajendra Prasad
Drafting Committee: Dr. B.R. Ambedkar
Objectives Resolution: Nehru, 13 Dec 1946
Duration: 2 yrs 11 months 18 days
📅 Key Dates
9 December 1946 — CA first meeting
22 January 1947 — Objectives Resolution
26 November 1949 — Constitution adopted
26 January 1950 — Constitution enforced
26 Jan = Republic Day (honoured 1929 Lahore)
🌍 Sources
UK — Parliamentary system, Rule of Law
USA — FRs, Judicial Review
Ireland — DPSP
GoI Act 1935 — Federal structure, Emergency
Canada — Strong Centre, Residuary powers
📄 Topic-Wise PYQs & Tricky Questions
Q1. The first Governor-General of Bengal under the Regulating Act 1773 was: CDS PYQ
(a) Lord Cornwallis(b) Warren Hastings(c) Lord William Bentinck(d) Lord Wellesley
✔ Answer: (b) Warren Hastings
The Regulating Act 1773 created the post of Governor-General of Bengal and Warren Hastings became the first to hold this position (1773–1785). He was later impeached by the British Parliament (by Edmund Burke) — though ultimately acquitted. Lord Cornwallis was the second GG; Lord William Bentinck became the first GG of India (not Bengal) under Charter Act 1833.
Q2. The Charter Act of 1833 made Lord William Bentinck the first: CDS PYQ
(a) Governor-General of Bengal(b) Viceroy of India(c) Governor-General of India(d) Secretary of State for India
✔ Answer: (c) Governor-General of India
The Charter Act of 1833 changed the designation from "Governor-General of Bengal" to "Governor-General of India" — making Lord William Bentinck the first to hold this enhanced title with authority over all of British India. The Viceroy was a later designation, introduced by the GoI Act 1858. Secretary of State was also created in 1858.
Q3. The 'Dyarchy' system was introduced at the provincial level by: CDS PYQ
(a) Government of India Act 1909(b) Government of India Act 1919(c) Government of India Act 1935(d) Indian Councils Act 1861
✔ Answer: (b) Government of India Act 1919
The Montagu-Chelmsford Reforms (Government of India Act 1919) introduced Dyarchy in the provinces. Provincial subjects were divided into "transferred" (to Indian ministers) and "reserved" (with the Governor). The GoI Act 1935 abolished provincial dyarchy and gave provinces full autonomy, while introducing dyarchy at the Centre. The 1909 Act introduced separate electorates, not dyarchy.
Q4. The Indian Constitution was adopted on: CDS PYQ
(a) 15 August 1947(b) 26 January 1950(c) 26 November 1949(d) 9 December 1946
✔ Answer: (c) 26 November 1949
The Indian Constitution was adopted on 26 November 1949 — celebrated as Constitution Day (Samvidhan Divas). It came into effect/force on 26 January 1950 — celebrated as Republic Day. The date 26 January was chosen to honour the Purna Swaraj declaration of 26 January 1930. The first meeting of the Constituent Assembly was 9 December 1946; India became independent 15 August 1947.
Q5. Who was the President of the Constituent Assembly of India? Tricky
(a) Dr. B.R. Ambedkar(b) Jawaharlal Nehru(c) Dr. Rajendra Prasad(d) Sardar Patel
✔ Answer: (c) Dr. Rajendra Prasad
Dr. Rajendra Prasad was the permanent President of the Constituent Assembly (elected 11 December 1946). He later became the first President of India. Dr. B.R. Ambedkar was the Chairman of the Drafting Committee — NOT the President of the Constituent Assembly. This distinction is one of the most tested CDS traps. Nehru moved the Objectives Resolution; Patel chaired the Advisory Committee.
Q6. Which Act introduced separate electorates for Muslims for the first time? CDS PYQ
(a) Indian Councils Act 1892(b) GoI Act 1919(c) Indian Councils Act 1909(d) GoI Act 1935
✔ Answer: (c) Indian Councils Act 1909
The Indian Councils Act 1909 (Morley-Minto Reforms) introduced separate electorates for Muslims for the first time — a concession to the Muslim League following the Simla Deputation of 1906. This was seen as a "divide and rule" tactic. The GoI Act 1919 extended separate electorates to other communities (Sikhs, Christians). The concept was eventually abolished in the Indian Constitution (1950).
Q7. The 'Objectives Resolution' was moved in the Constituent Assembly by: CDS PYQ
(a) Dr. B.R. Ambedkar(b) Dr. Rajendra Prasad(c) Jawaharlal Nehru(d) Sardar Vallabhbhai Patel
✔ Answer: (c) Jawaharlal Nehru
The Objectives Resolution was moved by Jawaharlal Nehru on 13 December 1946 and adopted on 22 January 1947. It outlined the aims and philosophy of the future Constitution — forming the basis of the Preamble. It declared India as a Sovereign Democratic Republic with justice, liberty, equality, and fraternity for all citizens. Ambedkar chaired the Drafting Committee; Rajendra Prasad presided over the CA.
Q8. The All-India Federation proposed by GoI Act 1935 never came into existence because: Tricky
(a) INC opposed it(b) World War II intervened(c) Princely states refused to join(d) British Parliament repealed it
✔ Answer: (c) Princely states refused to join
The All-India Federation (proposed by GoI Act 1935) required both British Indian provinces AND princely states to sign the Instrument of Accession. The princely states refused to join — they were not compelled. Additionally, World War II intervened and further delayed the project. However, the primary reason it never became reality was the unwillingness of the princes (who enjoyed semi-sovereign status). Provincial Autonomy, the other part of the 1935 Act, was successfully implemented (1937 elections).
This material is for personal CDS exam preparation only.
Unauthorised reproduction or distribution is prohibited.
All rights reserved · ODEA.Classes@gmail.com · OliveDefence.com