Olive Defence

Polity · NDA

Historical Background & Making of the Constitution

⚖ PON01 · Indian Polity · NDA GAT NDA Level ★ High Priority

📌 NDA Focus: Questions focus on: (1) which Act introduced which "first" provision, (2) Constituent Assembly — composition, key persons, and dates, (3) dates of adoption vs enforcement of the Constitution. Expect 1–2 direct, factual questions. Matching Act → Key Feature is the most common pattern.

PART A — COMPANY RULE (1773–1858)

1. Key Acts Under Company Rule

1.1 Regulating Act 1773 PYQ Direct

📌 Key Provisions

First step by British Parliament to regulate EIC
Created post of Governor-General of Bengal — Warren Hastings = 1st
Established Supreme Court at Calcutta (1774)
Governors of Bombay and Madras subordinated to GG of Bengal
4-member council to assist GG (GG could be outvoted — defect)

📄 Pitt's India Act 1784

Introduced Dual Control — political functions under Board of Control (Parliament), commercial under EIC
GG got power to override his council
India's territories called "British possessions" — first political acknowledgment
Board of Control = first time British Govt. directly controlled India

📄 Constitutional Evolution — Company Rule → Crown Rule → Republic (1773–1950)

🕒 Company Rule (1773–1858) — Key Acts

Regulating Act 1773: First Parliamentary control over EIC; Governor-General of Bengal (Warren Hastings = 1st); Supreme Court at Calcutta 1774
Pitt's India Act 1784: Dual Control — political under Board of Control (Parliament) + commercial under EIC; GG given override power
Charter Act 1813: EIC Indian trade monopoly ended; ₹1 lakh education grant (first); missionaries permitted
Charter Act 1833: EIC commercial activities stopped; GG of Bengal became GG of India (Bentinck = 1st); first Central Legislative Council
Charter Act 1853: Open-ended charter; competitive exams for civil services (first ever); legislature and executive separated for first time

🕒 Crown Rule (1858–1947) — Key Acts

GoI Act 1858: EIC abolished after 1857 Revolt; GG became Viceroy (Canning = 1st); Secretary of State for India created in London Cabinet
Morley-Minto Reforms 1909: Separate electorates for Muslims introduced (seeds of partition); first Indian in Viceroy's Executive Council: Satyendra Prasanna Sinha
GoI Act 1919: Dyarchy in provinces — Transferred (ministers) + Reserved (Governor); first bicameral legislature at Centre; Public Service Commission created
GoI Act 1935: Provincial Autonomy; Dyarchy abolished in provinces; three legislative lists adopted later in Constitution; Federal Court; 321 sections

1.2 Charter Acts — The "Firsts" Maximum NDA PYQs

Charter Act 1813

First Education Grant

EIC monopoly over Indian trade ended (China trade continued)
Missionaries permitted to come to India
₹1 lakh annually for Indian education — first specific education grant

Charter Act 1833

GG of India + Central Legislature

EIC's commercial activities fully stopped
GG of Bengal became GG of India — Lord William Bentinck = 1st
First Central Legislative Council for all India
Macaulay appointed as first Law Member

Charter Act 1853

Competitive Exams + Legislature Split

EIC charter NOT renewed for fixed period — open-ended (signal of end)
First competitive examination for civil services
Legislative and executive functions of council separated for first time
6 new legislative members added to GG's council

⚠ Common NDA Traps:
● EIC Indian trade monopoly ended = 1813 (not 1833; China trade ended 1833)
● First GG of India (not Bengal) = Lord Bentinck = Charter Act 1833
● Competitive exams for civil services = 1853 (NOT 1833)
● First education grant = 1813 (₹1 lakh)
● Legislature + executive separated = 1853

PART B — CROWN RULE (1858–1947)

2. Key Acts Under Crown Rule

GoI Act 1858

End of EIC; Queen's Rule

EIC abolished; Crown took direct control after 1857 Revolt
GG became Viceroy — Lord Canning = 1st Viceroy
Board of Control + Court of Directors abolished
Secretary of State for India created in London Cabinet
15-member India Council to assist Secretary of State

Morley-Minto Reforms 1909

Separate Electorates Introduced

Enlarged legislative councils; some elected members (indirect)
Introduced separate electorates for Muslims — divisive, seeds of partition
First Indian in Viceroy's Executive Council: Satyendra Prasanna Sinha
Morley = Secretary of State; Minto = Viceroy

GoI Act 1919

Dyarchy + Bicameral Legislature

Dyarchy in provinces: Transferred (to Indian ministers) + Reserved (with Governor)
First bicameral legislature at Centre: Council of State (Upper) + Legislative Assembly (Lower)
Separate electorates extended to Sikhs, Christians, Anglo-Indians
Public Service Commission established (precursor to UPSC)

GoI Act 1935

Most Important Pre-Constitution Act

All-India Federation proposed (never implemented — princes refused)
Provincial Autonomy — Dyarchy abolished in provinces
Three Lists: Federal, Provincial, Concurrent — adopted in Constitution
Federal Court established 1937 → became Supreme Court 1950
321 sections, 10 schedules — longest British Act for India
RBI established under this Act

Dyarchy (GoI Act 1919) — Must Know:
Transferred subjects (given to Indian ministers, responsible to legislature): Education, Public Health, Agriculture, Local Self-Government
Reserved subjects (retained by Governor): Finance, Police, Land Revenue, Irrigation
Dyarchy failed because finances were reserved — ministers couldn't implement policies. Abolished in provinces by GoI Act 1935.

PART C — CONSTITUENT ASSEMBLY

3. The Constituent Assembly (1946–1950)

👥 Constituent Assembly — Formation, Dates & Key Persons

📅

Formation & Composition

Cabinet Mission Plan, 1946

Formed under Cabinet Mission Plan 1946
Indirectly elected by Provincial Assemblies — not by direct public vote
~1 seat per 10 lakh population
Initial: 389 members → after Partition: 299 members

📅

Key Dates

First meeting to Republic Day

First meeting: 9 December 1946
Objectives Resolution: 22 January 1947
Constitution adopted: 26 November 1949
Constitution enforced: 26 January 1950 (Republic Day)
Duration: 2 yr 11 mo 18 days · 11 sessions · 165 days · ₹64 lakh

👥

Key Persons

Leaders of the Constituent Assembly

CA President: Dr. Rajendra Prasad
Drafting Committee Chair: Dr. B.R. Ambedkar (7 members)
Objectives Resolution: Jawaharlal Nehru
Constitutional Adviser: Sir B.N. Rau
First proposed CA (1934): M.N. Roy

📊

Constitution — Numbers

Original vs current

Originally: 395 Articles · 22 Parts · 8 Schedules
Currently: 470+ Articles · 25 Parts · 12 Schedules
Longest written constitution in the world
Dr. B.R. Ambedkar = "Father of Indian Constitution"

3.1 Important Committees of Constituent Assembly NDA Fact-Based

📋 Key Committees

Drafting Committee — Chairman: Dr. B.R. Ambedkar (7 members; drafted the actual Constitution text)
Union Constitution Committee — Chairman: Jawaharlal Nehru
Union Powers Committee — Chairman: Jawaharlal Nehru
Provincial Constitution Committee — Chairman: Sardar Patel
Advisory Committee on Fundamental Rights — Chairman: Sardar Patel
Steering Committee — Chairman: Dr. Rajendra Prasad

🏭 Sources of the Constitution

Government of India Act 1935 — Federal structure, Emergency provisions, 3 Lists, Federal Court
UK (Britain) — Parliamentary system, Rule of Law, single citizenship, Cabinet system
USA — Fundamental Rights, judicial review, written constitution, impeachment
Ireland — Directive Principles of State Policy, election of President, nomination to Rajya Sabha
Canada — Federal system with strong Centre, appointment of Governors by Centre, residuary powers with Centre
Australia — Concurrent List, joint sitting of Parliament, freedom of trade

📝 NDA PYQ Practice — PON01

Q1. Which of the following Acts introduced the system of 'Dyarchy' in the provinces of India? NDA PYQ

(a) Government of India Act, 1909 (b) Government of India Act, 1919 (c) Government of India Act, 1935 (d) Indian Independence Act, 1947

✔ Answer: (b) Government of India Act, 1919

The Montagu-Chelmsford Reforms (GoI Act 1919) introduced Dyarchy in provinces, dividing subjects into Transferred (to Indian ministers) and Reserved (with Governor). The 1935 Act abolished provincial Dyarchy and introduced Provincial Autonomy. Option (a) 1909 introduced separate electorates, not Dyarchy.

Q2. The Indian Constitution was adopted on: NDA PYQ

(a) 26 January 1950 (b) 26 November 1949 (c) 15 August 1947 (d) 9 December 1946

✔ Answer: (b) 26 November 1949

The Constitution was adopted by the Constituent Assembly on 26 November 1949 — this is celebrated as Constitution Day (Samvidhan Diwas). It came into force (enforced/enacted) on 26 January 1950 — Republic Day. The first meeting was 9 December 1946. Independence was 15 August 1947.

Q3. Who among the following was the Chairman of the Drafting Committee of the Indian Constitution? NDA PYQ

(a) Jawaharlal Nehru (b) Dr. Rajendra Prasad (c) Dr. B.R. Ambedkar (d) Sardar Vallabhbhai Patel

✔ Answer: (c) Dr. B.R. Ambedkar

Dr. B.R. Ambedkar chaired the Drafting Committee (7 members) which actually drafted the text of the Constitution. He is called the "Father of the Indian Constitution." Nehru moved the Objectives Resolution. Rajendra Prasad was President of the CA. Patel chaired the Advisory Committee on Fundamental Rights.

Q4. Which Act introduced separate electorates for Muslims for the first time? NDA PYQ

(a) Indian Councils Act, 1861 (b) Indian Councils Act, 1892 (c) Indian Councils Act, 1909 (d) Government of India Act, 1919

✔ Answer: (c) Indian Councils Act, 1909

The Morley-Minto Reforms (Indian Councils Act 1909) introduced the system of separate electorates for Muslims — this was one of the most significant and controversial features. The 1919 Act extended this to Sikhs, Christians, and Anglo-Indians but did NOT introduce it. This sowed the seeds of communal politics leading eventually to Partition.

Q5. The Government of India Act, 1935 provided for which of the following? NDA PYQ

(a) Dyarchy at the provincial level (b) Abolition of Dyarchy at the provincial level (c) Introduction of separate electorates (d) First bicameral legislature at the Centre

✔ Answer: (b) Abolition of Dyarchy at the provincial level

GoI Act 1935 abolished Dyarchy in the provinces (introduced by 1919 Act) and provided Provincial Autonomy — provinces could govern themselves without dual control. However, Dyarchy was introduced at the Centre under 1935. Option (c) separate electorates were introduced in 1909. Option (d) bicameral legislature was introduced in 1919.

Q6. The Constituent Assembly of India was formed on the basis of the proposal of: NDA PYQ

(a) Wavell Plan (b) Cabinet Mission Plan (c) Mountbatten Plan (d) Cripps Mission

✔ Answer: (b) Cabinet Mission Plan

The Constituent Assembly was formed under the Cabinet Mission Plan of 1946. The Cabinet Mission (Cripps, Pethick-Lawrence, Alexander) proposed the formation of the CA with members indirectly elected by provincial assemblies. Cripps Mission (1942) had proposed a Constituent Assembly after the war but was rejected. Mountbatten Plan (June 1947) dealt with the partition.

📋 Quick Reference — PON01

📅 Key Dates

First CA Meeting: 9 Dec 1946
Objectives Resolution: 22 Jan 1947
Constitution Adopted: 26 Nov 1949
Constitution Enforced: 26 Jan 1950
Duration: 2 yr 11 mo 18 days

👥 Key Persons

CA President: Dr. Rajendra Prasad
Drafting Cttee: Dr. B.R. Ambedkar
Objectives Resolution: J. Nehru
Constitutional Adviser: B.N. Rau
First proposed CA (1934): M.N. Roy

📄 Act Firsts

First GG of Bengal: Warren Hastings (1773)
First GG of India: Bentinck (1833)
First Viceroy: Canning (1858)
Separate electorates: 1909
Competitive exam: 1853

🏭 Sources

Parliamentary system: UK
Fundamental Rights: USA
DPSP: Ireland
Federal structure + Emergency: GoI 1935
Strong Centre, Governors: Canada

📊 Numbers

Original: 395 Articles, 8 Schedules
CA members: 389 → 299 (post-partition)
Drafting Committee: 7 members
Sessions: 11 · Days: 165
Cost: ₹64 lakh

⚠ Dyarchy

Introduced: GoI Act 1919 (provinces)
Transferred: Education, Health, Agriculture
Reserved: Finance, Police, Land Revenue
Abolished in provinces: GoI Act 1935
Failed: finances were Reserved

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