UPSC MainsHISTORY-PAPER-II202120 Marks
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Q12.

Discuss the major constitutional developments in India after 1858 and their impact on society and polity.

How to Approach

This question requires a chronological understanding of constitutional developments in India post-1858, starting with the Government of India Act and culminating in the Constitution of 1950. The answer should focus not just on the Acts themselves, but also their socio-political impact – how they altered power structures, introduced new rights (or curtailed them), and influenced Indian society. Structure the answer chronologically, dedicating sections to each major Act/development, and analyzing its impact. Focus on the evolving nature of representation, administrative control, and the growth of nationalist sentiment.

Model Answer

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Introduction

The year 1858 marks a watershed moment in Indian history, with the dissolution of the East India Company and the direct assumption of governance by the British Crown. This ushered in a period of significant constitutional and administrative changes, driven by both British imperial interests and the growing demands of the Indian nationalist movement. From the initial attempts at limited reforms to the eventual granting of independence and the framing of a comprehensive Constitution in 1950, India witnessed a complex evolution of its political and legal framework. This journey profoundly impacted Indian society and polity, shaping its modern identity and institutions.

The Initial Phase: 1858-1909

The immediate aftermath of the 1857 Revolt saw a cautious approach by the British. The Government of India Act 1858 abolished the East India Company and established direct rule by the Crown, with a Secretary of State for India and a Viceroy as the head of administration. This Act primarily focused on administrative control and did not introduce any significant constitutional changes. The Indian Councils Act of 1861 introduced a limited element of Indian participation in legislative councils, but the representation remained minimal and largely confined to the elite.

The Indian Councils Act of 1892 further expanded the size of legislative councils and increased the number of elected Indian members, though still through indirect elections. However, these reforms were deemed insufficient by the growing nationalist movement, which demanded greater political representation and self-governance.

The Morley-Minto Reforms (1909)

The Morley-Minto Reforms (Indian Councils Act 1909) introduced separate electorates for Muslims, a controversial provision that aimed to address Muslim concerns about under-representation but also sowed the seeds of communal politics. This Act significantly increased the size of legislative councils and introduced elected Indian members for the first time in the Imperial Legislative Council. While a step forward, the limited franchise and the principle of separate electorates were criticized by nationalists like Mahatma Gandhi.

The Montagu-Chelmsford Reforms (1919)

The Montagu-Chelmsford Reforms (Government of India Act 1919) were a response to the growing nationalist unrest and the demands for self-governance. This Act introduced the principle of dyarchy at the provincial level, dividing administrative powers between a Governor and his Executive Council, and a Council of Ministers responsible to the legislative council. It also expanded the franchise, though it remained limited. The Act also provided for the establishment of a Central Legislative Assembly and a Council of States. However, the retention of significant powers by the Governor and the limited scope of provincial autonomy led to dissatisfaction among Indian nationalists.

The Rowlatt Act 1919, passed alongside these reforms, sparked widespread protests and the Jallianwala Bagh massacre, highlighting the repressive aspects of British rule.

The Simon Commission and the Government of India Act 1935

The all-white Simon Commission (1927) was appointed to review the constitutional position of India. Its exclusion of Indian members led to widespread protests and boycotts. The Government of India Act 1935, based on the Simon Commission’s recommendations, was the most comprehensive piece of legislation passed by the British government before independence. It abolished dyarchy at the provincial level and introduced provincial autonomy, granting greater powers to provincial governments. It also established a Federal Court and provided for the establishment of a Federal structure, though it was never fully implemented due to opposition from various political parties.

The Act of 1935, while significant, still fell short of granting complete independence and retained substantial powers with the Governor-General.

Towards Independence and the Constitution of 1950

The Government of India Act 1947, passed in the wake of World War II and the growing pressure for independence, partitioned India and created Pakistan. This Act provided for the independence of India and Pakistan as dominions within the British Commonwealth. Following independence, the Constituent Assembly, elected in 1946, embarked on the task of drafting a new Constitution. The Constitution of India, adopted on November 26, 1949, and came into effect on January 26, 1950, established a sovereign, socialist, secular, democratic republic. It enshrined fundamental rights, directive principles of state policy, and a federal structure, laying the foundation for modern India.

Act/Development Year Key Features Impact on Society & Polity
Government of India Act 1858 1858 Abolition of East India Company, Direct Rule by Crown Shift in administrative control, end of Company rule.
Indian Councils Act 1861 1861 Limited Indian participation in legislative councils Initial steps towards representative government, limited impact.
Morley-Minto Reforms 1909 Separate electorates for Muslims, increased Indian representation Rise of communal politics, limited expansion of franchise.
Montagu-Chelmsford Reforms 1919 Dyarchy at provincial level, expanded franchise Limited provincial autonomy, continued British control.
Government of India Act 1935 1935 Provincial autonomy, Federal Court Significant step towards self-governance, but fell short of complete independence.
Constitution of India 1950 Sovereign, Socialist, Secular, Democratic Republic, Fundamental Rights Establishment of a modern, democratic India, enshrined rights and freedoms.

Conclusion

The constitutional developments in India after 1858 represent a gradual, often contested, process of political evolution. From the initial attempts at administrative reform to the eventual framing of a comprehensive Constitution, each Act and development left a lasting impact on Indian society and polity. The introduction of representative institutions, the expansion of franchise, and the recognition of fundamental rights laid the groundwork for a democratic India. However, the legacy of colonial rule, including the divisive policy of separate electorates, continued to shape Indian politics for decades after independence. The Constitution of 1950, while a landmark achievement, remains a dynamic document, constantly evolving to meet the challenges of a changing nation.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Dyarchy
A system of government where two groups share power, in this case, British-appointed officials and elected Indian ministers at the provincial level.
Dominion Status
A form of self-governance where a country is independent in internal affairs but remains under the sovereignty of the British Crown, as granted to India and Pakistan in 1947.

Key Statistics

In 1931, the Census of India recorded a literacy rate of 15.6% for the total population, highlighting the limited franchise base during the period of constitutional reforms.

Source: Census of India, 1931

The Government of India Act 1935 initially allowed for a franchise of approximately 14% of the adult male population.

Source: Bipan Chandra, India’s Struggle for Independence (Knowledge cutoff 2023)

Examples

The Jallianwala Bagh Massacre

The Jallianwala Bagh Massacre (1919) demonstrated the repressive nature of British rule and fueled the Indian nationalist movement, leading to increased demands for self-governance and constitutional reforms.

Frequently Asked Questions

Why were separate electorates introduced?

Separate electorates were introduced in the Morley-Minto Reforms (1909) to address the concerns of the Muslim minority about under-representation in legislative councils. However, it also contributed to the growth of communal politics and ultimately played a role in the Partition of India.

Topics Covered

HistoryPoliticsConstitutionColonial RuleIndian ConstitutionPolitical Evolution