Indian Polity by M Laxmikanth for UPSC CSE - Historical background of Indian Constitution
Summary
TLDRThis lecture by Shashank Thyagi delves into the historical underpinnings of the Indian Constitution, tracing the evolution of British administration in India from the East India Company's rule to the pivotal Government of India Act 1858. It highlights key legislations, including the Regulating Act 1773, Pitt's India Act 1784, and various Charter Acts, leading to the establishment of the Reserve Bank of India and the shift from company to crown rule. The talk also covers the significant reforms and communal electorates introduced by the Indian Council Acts and the Government of India Act 1935, culminating in India's independence and the formation of its sovereign democratic republic.
Takeaways
- 📜 The script discusses the historical underpinnings of the Indian Constitution, starting with the British East India Company's rule and the subsequent British administration through acts like the Regulating Act 1773.
- 🏛 The Supreme Court was established in Kolkata during the British rule, with initial jurisdictional issues leading to amendments and the creation of the Governor-General of Bengal's council.
- 🇬🇧 Pitt's India Act 1784 led to the division of the English East India Company's functions into political, handled by the Board of Control, and commercial, overseen by the Court of Directors.
- 📜 The Charter Act 1813 ended the East India Company's monopoly on Indian trade, except for trade with China, and introduced modern education in India funded by the British government.
- 📚 The Charter Act 1833 marked the centralization of British power in India, with the Governor-General of Bengal becoming the Governor-General of India, and the beginning of the administrative shift from a private company to the British Crown.
- 🏛️ The Indian Councils Act 1861 introduced the portfolio system and decentralization in the administration, and was the first step towards involving Indians in the legislative process.
- 📉 The Indian Councils Act 1892 expanded the legislative councils, allowing for more Indian involvement but maintaining an official majority to control decision-making.
- 📊 The Government of India Act 1909, known as the Morley-Minto Reforms, introduced communal electorates and direct elections to the legislative councils, but was criticized for dividing Indian society.
- 🏛️ The Government of India Act 1919, or the Montague-Chelmsford Reforms, established diarchy, dividing powers between the central and provincial governments, and introduced bicameral legislature.
- 🏦 The Government of India Act 1935 proposed an All India Federation and established the Reserve Bank of India, and continued many of its provisions in the new Indian Constitution after independence.
- 🌏 The India Independence Act 1947 declared India an independent and sovereign state, ending British rule and establishing a Governor-General for the new dominion of India.
Q & A
What was the purpose of the Regulating Act 1773?
-The Regulating Act 1773 was passed by the British Parliament to regulate the administration of the British East India Company in India, especially after mismanagement during the Company's rule led to the British government's intervention.
What was the significance of the Supreme Court established in Kolkata?
-The Supreme Court in Kolkata was a crucial institution established under the Regulating Act 1773. It was significant because it raised concerns among the English East India Company, as it meant that British administration wanted to control their affairs, particularly in revenue matters.
What was the Pitt's India Act 1784 and its main objective?
-Pitt's India Act 1784 was legislation passed in Britain that led to the categorization of the functions of the English East India Company into two parts: the Board of Control, responsible for political functions, and the Court of Directors, handling commercial affairs. The Act aimed to assert British government authority over the Company.
What was the impact of the Charter Act 1813 on the English East India Company's trade monopoly?
-The Charter Act 1813 terminated the English East India Company's monopoly on Indian trade, except for the trade with China, allowing other British companies to engage in trade within the Indian peninsula.
Why did the British government earmark funds for modernized education in India under the Charter Act 1813?
-The British government earmarked one lakh rupees annually for modernized education in India to produce individuals with specific skills to run the administration and to interpret and expose Indian literature to the world in English and other languages.
What was the final step of centralization according to the Charter Act 1833?
-The Charter Act 1833 marked the final step of centralization by giving the Governor-General of Bengal the status of Governor-General of India, making the seat in Bengal representative of British interests across the Indian peninsula.
What was the significance of the Indian Councils Act 1861 in terms of Indian involvement in governance?
-The Indian Councils Act 1861 was significant as it initiated the process of involving Indians in governance by appointing three Indians to the central legislative council and introducing the portfolio system, which allocated individual responsibilities within the executive council.
How did the Indian Councils Act 1892 expand the involvement of Indians in legislative councils?
-The Indian Councils Act 1892 expanded the involvement of Indians by increasing the number of non-official members in both central and provincial legislative councils, although it maintained an official majority to ensure control remained with the British administration.
What was the main criticism of the separate electorate introduced by the Indian Councils Act 1909?
-The main criticism of the separate electorate introduced by the Indian Councils Act 1909 was that it divided Indian society along communal lines, potentially weakening the national movement and leading to a focus on community-based interests rather than a unified national interest.
What was the Government of India Act 1919's approach to the division of powers between the center and the provinces?
-The Government of India Act 1919 introduced a system of diarchy, dividing powers between the center and the provinces. It categorized subjects into central and provincial subjects, with some subjects reserved for the governor's decision without legislative council input and others transferred to the legislative council for discussion and law-making.
Outlines
📜 Historical Underpinnings of the Indian Constitution
The paragraph discusses the historical context of the Indian Constitution, starting with the Company Rule and the mismanagement that led to the British government's intervention through the Regulating Act of 1773. It highlights the struggle between the English East India Company and the British administration, the establishment of the Supreme Court in Kolkata, and the subsequent Pitt's India Act 1784, which separated the political and commercial functions of the company. The speaker also touches on the Charter Act of 1813, which ended the company's monopoly on Indian trade, except for China, and the influence of Napoleon's Continental System on this decision.
📘 Charter Act 1813 and the Introduction of Modern Education in India
This section delves into the specifics of the Charter Act of 1813, emphasizing its role in ending the East India Company's trade monopoly, with exceptions for China and trade conducted by the company itself. It also discusses the British government's decision to allow other British companies to trade in India due to losses incurred from Napoleon's Continental System. The paragraph further highlights the British government's initiative to allocate funds for modern education in India, aiming to cultivate a class of Indians skilled enough to administer the country and interpret Indian literature for the world. The debate between vernacular and anglicist mediums of education is also mentioned.
🏛 Centralization of Power and the Charter Act of 1833
The speaker describes the centralization of power in British India, culminating in the Charter Act of 1833, which gave the Governor-General of Bengal the status of Governor-General of India. This act marked the final step in centralizing British control over the Indian subcontinent. It also mentions the shift in the role of the East India Company from commercial interests to administrative functions, and the introduction of the idea of an open examination for the civil services, which was initially opposed by the company and the Court of Directors.
📜 The Decline of the East India Company and the 1853 Charter Act
This paragraph discusses the decline of the East India Company's rule and the legislative changes brought about by the Charter Act of 1853. It established a separate legislative body, distinct from the executive functions of the Governor-General's council, with six members, four of whom were appointed by the provincial governments of Madras, Bombay, Bengal, and Agra. The act also introduced a system of open competition for civil servants, marking the beginning of the civil service examinations that candidates prepare for today.
🏛 The End of Company Rule and the Beginning of Crown Rule in India
Following the 1857 Revolt, the British government took direct control of India, ending the rule of the East India Company. The Government of India Act 1858 established the framework for this new era, with the Queen's Proclamation promising a responsible and good government. The act also assured Indian princely states that there would be no further territorial expansion by the British. The Secretary of State for India was created, supported by a 15-member council in London, with expenses funded by India, a point of contention among Indian nationalists.
📜 The Indian Councils Act 1861 and the Start of Decentralization
The Indian Councils Act 1861 marked the beginning of decentralization in British India, introducing the concept of involving Indians in the legislative process. The act allowed for the appointment of three Indian members to the legislative council, although they were officially nominated. It also introduced the portfolio system, which allocated individual responsibilities within the executive council, a precursor to the modern council of ministers system. Additionally, the act initiated decentralization by devolving power to the provincial level, a trend that continued until the Government of India Act 1935.
📘 The Indian Councils Act 1892 and the Expansion of Legislative Councils
The Indian Councils Act 1892 expanded the number of non-official members in both central and provincial legislative councils, with the aim of increasing Indian involvement in the law-making process. However, it was crucial to maintain an official majority to ensure British control over decision-making. The act also gave legislative councils the power to question the executive and discuss budgets, marking an important step in the development of democratic practices in India.
📜 The Morley-Minto Reforms and the Introduction of Communal Electorates
The Morley-Minto Reforms, introduced by the Indian Councils Act 1909, were significant for several reasons. They increased the number of members in the legislative council, introduced direct elections, and most controversially, established communal electorates. This meant that separate electorates were created for different religious communities, a move that was seen by many as divisive and detrimental to national unity. The reforms also led to the first Indian, Satyendra Prasad Sinha, becoming a law member of the Viceroy's executive council.
🏛 The Montague-Chelmsford Reforms and the Introduction of Diarchy
The Montague-Chelmsford Reforms, enacted through the Government of India Act 1919, were pivotal in the evolution of India's administrative structure. They introduced a system of diarchy, dividing legislative subjects into central and provincial spheres, and further into reserved and transferred lists. This act also established a bicameral legislature, similar to the current Lok Sabha and Rajya Sabha, and required that three of the six members in the Viceroy's executive council be Indians. Additionally, it led to the establishment of the Central Public Service Commission and was the first act to be reviewed by the Simon Commission, which recommended abolition of diarchy and other significant changes.
📘 The Simon Commission and the Public Outcry
The Simon Commission, appointed to review the implementation of the 1919 Act, was met with significant opposition due to its lack of Indian representation and its recommendations, which included the abolition of diarchy and the continuation of communal representation. The commission's visit to India coincided with the assassination of Lal Lajpat Rai, a prominent leader, further fueling resentment. The recommendations of the Simon Commission would later be incorporated into the Government of India Act 1935.
📜 The Round Table Conferences and the Struggle for Indian Self-Rule
The Round Table Conferences were a series of meetings in London where British officials, Indian leaders, and representatives from princely states discussed the future of British India. The conferences led to the MacDonald Award, which proposed the continuation of separate electorates for various communities, a move resisted by Indian leaders like Mahatma Gandhi. The Gandhi-Ambedkar Pact resulted from Gandhi's fast unto death, leading to the agreement on reserved seats for depressed classes instead of separate electorates. The conferences and subsequent events, such as the demand for a constitution by Indians, set the stage for further negotiations and the eventual independence of India.
🏛 The Government of India Act 1935 and the Prelude to Independence
The Government of India Act 1935 built upon previous reforms, establishing an all-India federation and further defining the division of powers between the central government and the provinces. It introduced diarchy at the central level, abolished diarchy at the provincial level, and created a bicameral legislature. The act also led to the establishment of the Reserve Bank of India and continued the extension of communal representation. Despite these changes, the act was not fully implemented due to widespread opposition, and it served as a foundation for the new Indian constitution after independence.
📜 The India Independence Act and the Birth of a Sovereign Nation
The India Independence Act marked the legal end of British rule in India, establishing it as an independent and sovereign state. The act led to the dissolution of the position of Secretary of State for India and the title of Viceroy, replaced by a Governor-General appointed by the British monarch or the Dominion Cabinet. It also empowered the Constituent Assembly to draft the Constitution of India and functioned as the Parliament of the new dominion. The last Governor-General, Lord Mountbatten, marked the transition to independence, and the Constituent Assembly, initially formed in 1946, became the Parliament of the Indian dominion.
Mindmap
Keywords
💡Indian Polity
💡East India Company
💡Regulating Act 1773
💡Pitt's India Act 1784
💡Charter Act 1813
💡Government of India Act 1858
💡Indian Councils Act 1861
💡Diarchy
💡Montague-Chelmsford Reforms
💡Simon Commission
💡August Offer
Highlights
Introduction to the historical underpinnings of the Indian Constitution, starting with the Company Rule and the Regulating Act of 1773.
Explanation of the struggle between the English East India Company and British administration for control over Indian territories.
The establishment of the Supreme Court in Kolkata and its jurisdiction over British subjects and revenue matters.
Pitt's India Act 1784 and the creation of the Board of Control and Court of Directors to categorize the functions of the English East India Company.
Charter Act 1813 ended the East India Company's monopoly on Indian trade, except for China.
The Continental System by Napoleon and its impact on British trade interests, leading to the opening of Indian trade to other British companies.
Introduction of modern education in India under the Charter Act 1813, with an annual allocation of one lakh rupees by the British government.
Charter Act 1833 marked the final step in centralization, with the Governor-General of India becoming the representative of British interests across the Indian peninsula.
The Indian Councils Act 1861 introduced the portfolio system and the beginning of decentralization in the administration.
Indian Councils Act 1892 expanded the legislative councils and introduced the power of questioning the executive.
The Morley-Minto Reforms of 1909, infamous for introducing communal electorates and separate electorates for Muslims.
Government of India Act 1919 introduced the concept of diarchy, dividing legislative subjects into central and provincial subjects.
The Simon Commission of 1928 and the opposition it faced for having no Indian members and its recommendations for constitutional changes.
Round Table Conferences and the subsequent Ramsay MacDonald Award, which proposed separate electorates for depressed classes.
The Government of India Act 1935, which included provisions for an All India Federation, a Federal Court, and the establishment of the Reserve Bank of India.
The August Offer of 1940 and the Cripps' Mission of 1942, both attempts by the British to negotiate with Indian leaders for independence within certain conditions.
The India Independence Act 1947, which declared India an independent and sovereign state, and the formation of the Constituent Assembly to draft the Constitution of India.
Transcripts
hello everyone i hope this message finds
you fit and fine my name is shashank
kyagi and i welcome you all to study iq
in our previous session in contest
indian polity lakshmikan series we
discussed about historical underpinnings
in indian constitution it means it was a
start
so we covered
these three steps
we talked about company rule how it
started
and how mismanagement in company rule
led to british government engaging
in its administration through regulating
act 1773 which was passed in british
parliament right
so there was a you can say struggle
which was happening
is english eastern company did not
wanted this british administration to
put nose in their work
they were like
revenues
and when it comes to control this
british administration wants to control
us
right and one crucial institution which
was established was supreme court in
kolkata
as as i told you the story
wherein hastings raised the concern he
was not happy with regulating act
17-73 so that's why this amendment
came into being relaxations were given
to english austria company for example
i'm giving a short recap
so that the employees of english india
company it means british subjects there
were exempted
from this jurisdiction of supreme court
when it comes to the supreme court
revenue matters were exclusively
transferred to a governor general of
bengal
and appalachian direction of supreme
court was also
when it comes to revenue matters it was
also transferred to this governor
general council so we discussed all of
this in our previous session but still
english eastern company was not
cooperating with british empire and that
is why
to tell them who is the real boss pitts
india act 1784 came into being pits then
prime minister of britain
and it led to categorization of function
of
english issue company into two parts it
means board of control which was
responsible for political functions
it means this will be a separate body it
will be representing interest of british
government
british government okay and when i say
political it means the two aspects are
here civil and military affairs of the
company will be taken care of by board
of control when it comes to commercial
affairs commercial efforts were
maintained by court of directors so this
separation happened after pitts india
act to tell english is your company oh
we have our own board of control control
we are going to do that right now
continuing this journey now we have to
talk about charter act 1813 the name
charter represents the permission given
by english
permission given to english in your
company by british empire okay you can
continue your trade for 20 years on
these conditions
and that is why
after
every 20 year
you can see
english east india company was coming to
british empire
thereby british parliament was actually
passing these acts to tell on what
conditions affairs of english is a
company are going to be there with
respect to indian peninsula right
now coming to charter act 1813 look
companies monopoly or indian trade was
terminated that's a fact under chartered
1813
but there's an interesting insight here
those who are also interested in world
history i would like to ask you what was
happening in europe at this point of
time
i hope you must have heard about or read
about
continental
system
which was laid by napoleon
it was a blockade by napoleon which was
planned by napoleon to actually you can
say restrict the trade interests of
britain with other european nations
right so it means
the other companies of british other
companies of and you know working under
the british empire they were like we are
also a private company like english
social company
and it was your political matter with
napoleon and why we have to suffer and
if we are we are going to suffer then
how we are going to pay you the taxes
then british government was like he so
what should be done so they said why not
give give us access to indian peninsula
why only english senior companies given
access to indian peninsula
we should be allowed to have trade there
so then british government was like yeah
for its own betterment it is better to
allow other companies also to trade
there so when this english senior
company came there that we want
permission
to trade again because we also need
protection so they said now your trade
monopoly is terminated but monopoly in
two aspects were there it means fee
trade in t trade only english schneider
company this private company will
continue in indian peninsula
and with china with china also eic will
continue
otherwise now other private companies of
british and working under british empire
started coming in india for their
fulfilling their trade interest because
they were suffering huge losses due to
continental policy of napoleon right
another important thing of charter act
18 13 is
education
because it was under this act that
british government earmarked
one lakh rupees
annually
for modernized education in india so the
purpose was
that we need people to run the
administration we need to give them
specific skills so that they can be of
use to us
and when you read same period in modern
history you also read about the debate
between vernacular and anglicist medium
of education what should be the way but
that is in history part but you should
connect things right that's how you
consolidate your knowledge easily and
reproduce in exam easily right now
apart from this britishers also gave
this logic that there's a there's a you
can say abundance of literature in india
and we want this literature to be
interpreted
in you know english and other languages
and to be you know it should be exposed
to the world and for that we need people
indian people to cooperate with us so
that they are also able to
and transfer their no no knowings about
their scriptures to you know other
languages so this was another logic
which was given but you should remember
okay the the monopoly was abolished
exception and education so these are the
three key part
now comes charter act 1833
you can say
you should remember you know certain
phrases with it
for example
final step of
centralization
why the reason is you can see
william bentik
because now
governor general of bengal was given the
status of
governor
general of india
my friends
britishers till the last point means
when
they gave us independence they were
saying
india is not a nation
they said
india is just a geographical unit
which got which got united
administratively
because of our laws
so which law they are referring to they
were referring to
they were referring to charter act 1833
as a start because now
the seat in bengal
is going to be representative of british
interest across indian peninsula that is
why centralization word was used
right now governor general of india told
you
all the regulations will be now x
and
and now english east india company will
solely be administrative unit
it means
earlier you were having lot of
commercial interest
but now british empire was like british
government was saying that okay now your
commercial interests
are actually impacting the
administrative proneness and that is why
now english east india company should
absolve
remove
commercial aspects and just focus on
administrative aspects
now the
investors of english india company who
were sitting in britain they were like
now what what is going to happen with
our profits then british government was
that since this administrative unit is
responsible for collecting revenues
ensuring policies so that your revenues
stream are streamlined then definitely
there will be nothing you know how you
know your profits will be secure to the
point but now the mode of profit will be
this
now
along with this
english india company
you know who was representing commercial
interest court of directors
they were saying
that no open exam for covenant
coordinated civil services my friends it
was charter act 1833 in which for the
first time this idea was floated that
there can be a open exam
for coordinated civil services means
higher post in administration
but
english is near company and court of
directors
they were opposed to this idea now why
they were opposed to such idea so that
they can have their grip
on the administration in india
because if it is happening through open
exam
then these civil these
bureaucrats they won't listen to this
private company although
they are part of administration
which at this administration is being
run by a private company
surprising fact is that
administration india being run by a
private company allowed by british
government
and these private investors did not
wanted these officers should be working
independently
so that is why there is a hellsbury
college in london
where
you have to take admission so that you
can be part of this covenant civil
service and you cannot you could not
take admission there without a
sponsoring
letter of cod so in that way they were
maintaining control on who is going to
be there working as a bureaucrat
right so did not wanted to lose their
control on administration in india
through english east india company
although opposition started you know you
can say boiling
you know from 1833
now there was an attempt as that's why
the word attempt is used it was not
introduced it was introduced later
charter act 1853 you should remember
these differences because upsc play on
these words
okay these are these small words make a
lot of difference right i told you why
they opposed right
now charter act 1853
so you can say that
this is you can say this was that period
when
rule of english australia company
was on decline
now now crown was all set to take the
power
the legislative and executive functions
of the governor general councils were
separated till now what was happening
governor general's council
now who was governor general of india's
council
was taking decision with respect to
making laws as well as executing laws
but now after 1853 charter requested no
there should be separation there should
be a separate legislative body
law making should be separate and
execution should be different
six members in the central legislative
council
four out of six members were appointed
by provisional provisional governments
of madras bombay bengal agra it means
britishers having their provisional it
means
government at the level of state you can
say province right so they they have
their government there so each
government will have power to send one
member to the legislative council at the
governor general's level
so that when laws are made at the level
of governor general of india the
interest of these provinces can be taken
into consideration
right
now it introduced a system of open
competition as i told you
attempt was made in charter act 1833 but
it was not introduced because cod means
court of directors was opposing this
move but now it was introduced right it
was introduced at the basis of
recruitment for civil servants so those
who are preparing for civil services
you should be thankful for charter act
1853 or you should remember at least
because it was this act which actually
started this exam for which you are
preparing
right
so this was last charter act
last charter act
why
because after 1853
now tell me
what happened in 1857
so in 1857 we had
first struggle for india's independence
they call it
mutiny
so at that point of time now british
government got alerted that now
having sound administration in india is
not in the hands of english austria
company
and this revolt of 1857 there were
several reasons like annexation
exploitation you read about them in
modern history
doctrine of labs
conversion policies
westernization introduction of new
enfield rifle you know all about this
right in
modern history what were the reasons of
1857 revolt our purpose is to look into
the
legal aspects how our law
was evolving the background of
constitution was getting shaped due to
these events
now after this
now queen proclamation was done
it means now british empire said
company rule is over
now there's a start of
crown rule in india so government of
india act 1858
started okay so now
what difference does it make
so queen said
my law means government of india 1858
would be different from eic eic's rule
english regional companies rule because
now i'm going to ensure
a responsible government there
i am going to ensure
good government there
right and the concerns of indians
many princely states were fearful that
they may be acquired
now queen said
wherever are the territories of
britishers in india they cease to be
there it means no further expansion will
happen so
act of good government in india
answerable and responsive government
now my friends
answerable and responsive government
don't misconstrued it
by thinking oh quinn was thinking about
us
she was saying
now this good government
in india will be answerable and
responsive to the people of india asana
reality was
this these two words answerable and
responsive
to
british government
to british parliament
okay
that change is going to happen soon when
i'm going to talk about council
secretary to government of india 1858
kiba
we are still talking about this so
queen's proclamation of 1858 started
now
earlier you know there's this position
that governor general of india since now
there's a start of ground rule from 1858
now there was another word which was
adopted that is why siroy
voice roy it means representative of
crown okay
so apart from this a new position was
created secretary of state for india
secretary of state for india this office
was supported with 15 members in its
council and this office was maintained
in london but when it comes to
expenditure incurred in this office it
was going from
india
right so that was one concern among many
revolutionaries
or nationalists
now the indian administration was under
the authority of voice because i was
representative of crown
so now governor general
was given this title of voicerai as i
told you now company's rule is done so
that is why court of director and board
of control both segments were abolished
okay
so if i ask you the simple statement
means i'm making a statement and you
have to tell me the statement is true or
false okay
this is just a test
to actually ensure that everything is
getting contest or not
so statement is
it was
it was through pitts india act
that office of
the uh
it was through pitts india act that
board of control and court of directors
were created
comma
but after government of india 1858
both were abolished
now tell me
the statement is true or false
i'm repeating my statement i'm saying
board of control and court of director
these two segments of administration of
english india company in india were
created
through pitts india act 1784 comma
but abolished
after government of india 1858 tell me
what is going to be the answer
because the rule of psychology if you
make mistake
and i'm going to pinpoint this is the
mistake
and now you are you are going to be safe
now you are not going to be trapped by
upsc
those who are saying yes
but
please give attention to each word i see
in the previous class i also focused on
this part
that
court of director
was existing already
this court of director
who was representing the interest of
this private company was existing
already
board of control was created
as a new entity through pitts india
1784.
yes you can say the the division of
power
this commercial functions and political
function this was done in pitts india
prince india but my statement is saying
court of direct and board of control
were created from pits india at 1784
so those who are saying this is yes
so these are some you know
kind of some words here and there and
that's how upsc lay the trap
okay please remember categorization
okay so this was done in pizzeniac
now
lord canning
who was the voiceli at that point of
time
so he took a decision
means after this government of india
1858 was enacted now lord canning he
thought we need to change some aspects
in administration of crown in india
because now there's crown rule so he
said we have to involve more indians
otherwise there will be several
grievances and these grievances will led
to rupture of certain revolts so it is
better to involve more indians and
develop and evolve legislative councils
councils means there there will be
several members and these members will
participate in
law making process so that now indians
will not say that oh we are not going to
follow this law because this law was
made by britishers
since many indians are going to be
incorporated in this legislative council
now
it can be said as a reply that oh these
they we have indians also in legislative
council
right
your own brothers and sisters are making
low now
it's not just britishers are enforcing
so by this logic it was a first step
right to actually involve more indians
now there are three council sect indian
council act 1861 1891 and
1892 and 1909
right
now
first step
indian council act 1861
to ensure that we need to give
representation to indians three members
were three indians were actually
appointed here who were they
raj of banaras maharaja of patiala and
sardine karao
right now the point is who was
appointing them
they were known official members and
they were getting appointed by
y0a okay
apart from this portfolio system was
introduced
portfolio system what does it mean a
total portfolio photovala portfolio
that you are entering into
some modeling or something and then you
are having portfolio album that's not
the portfolio we're talking about
my friends we have to connect
okay this particular terminology in our
administration was introduced through
this law and we still have this
particular mechanism in india
means this pancanas was there in indian
constitution also so this is how we need
to connect our understanding
portfolio system you can equate
with system of council of minister
it means
now in executive council
it is not that collectively this
executive council is responsible for for
every executive work every department
work
now
let's segregate
the department work
now if viceroy has to take answer from
any executive member executive council
member so there is a separate you know
departments allocated to this so now
it means
mr robert may be asked mr robert
give me the status report on agriculture
give me the state of the report on
finance
mr jackson may be asked mr jackson since
you are given the portfolio of road and
railways i want to report on road and
railways we made a policy on road and
race what happened in past six months
give me the report
so now individual responsibility within
this executive council was termed as
portfolio system later we know it in the
form of council of minister system where
portfolios are allocated to different
ministers and prime minister directly
asked that concern minister okay give me
the report what your ministry has done
right so there is portfolio system and
it was introduced in 1861
decentralization initiated
in the presidencies of madras and bombay
my friends
from
1773
to 1858
we have seen a trend of centralization
of power
it means
earlier there was governed there was
governor of bengal madras and
bombay then governor of bengal was given
the title of governor general of bengal
then
that particular uh position was given to
governor
was given the title of governor general
of india so it means this is how power
was actually being centralized there
right
so now this centralization trend got
into reverse now
so how it
so it get into decentralized okay so now
decentralized
now power is is being devolved at the
provincial level also okay and we have
seen that this decentralization which
started from council of india act indian
council like 1861 so now it it went till
government of india
1935. government of india 1935 which is
like
a lot of provisions of government of
india 1935 are taken into indian
constitution
and among them the important one
is federal system
division of power between states and
union so this is an example of
decentralization which we are going to
talk about it in government of india
1935 but you should also remember from
where it started because upsc can make
these kind of statements too okay
now
just attempt this question
indian council sec 1861 provided for
decentralization tendency legislative
council for punjab
rejected the portfolio system
started associating indians with law
making process and these are the options
you have to attempt this question
and then answer in comments
in some acts
what i have done
we are discussing all important
provisions along with this
we know that upsc is not going to ask
directly from the statement
they may infer if they may check what
you infer from the statement which you
have read in lakshmi khan right so in
that case i would advise you to open
this particular act
read it and then attempt
answers are going to be shared in the
telegram group as well
right
and
the the method which you should use is
elimination here
okay because under for example you have
gained the understanding the portfolio
system was introduced so how can this be
true
reject it
so it means this is no
this is no
right
decentralization tendency we all know we
already know what you don't know is that
legislative council of punjab whether
this was introduced or not right and it
started asserting with indians lawmaking
process this is also correct i've
already told you this was the whole
purpose of lord canning so it means
four
means one and four and one to four these
two are mentioned right and legislative
council for punjab the purpose of indian
council's act was not just to take into
consideration the councils at the level
of center
we were talking about the councils at
the level of provinces also right answer
is one
two and four
okay
now indian council sects 1892
so it increased the number of it means
number of additional purpose was to
expand the involvement of indians
non-official members in
central and provincial legislative
councils
now
important is not
means it this this you need to identify
the trick part
but maintain the official majority in
them
the trick will be played here in the
bold part
what does it mean
it mean
non-official members are being involved
it means
they are not part of uh british you can
say british administration
they are representative of people okay
means they may be
you can say expert in certain areas
that's why they are being involved but
they are not officials
and when it comes to
decision whether this law is going to be
passed how that decision is taken in
legislative council this is taken on the
basis of majority
my friends if non-official members are
not in majority
do you expect
that they can propose some law for the
betterment of indians and they can
actually ensure that this law can be
passed without support of officials
no this can't happen
so it means although a step was taken
for having more involvement of indians
but
means britishers were not having genuine
interest to give us the power that we
can actually propose the law and we have
the majority we can pass the law and
then britishers will be there oh since
you have passed the law we are going to
implement it no this was not not the
case there so please remember indian
council like 1892 but maintain the
official majority in them
both central and provincial
right one tricky question can also be
made where upsc can say
official majority was maintained at
provincial level but not at central
level
okay these kind of you can say traps are
laid
now legislative councils were expanded
gave them functions legislative councils
such as budget and questioning the
executive now this is important
and this is good aspect you should say
because now
at least you can ask question from the
executive
and don't you think in our parliament
our legislature questioning is the
essence of democracy
right all the members have this right if
they want to ask question from any
minister they can ask that question they
have to send the question in lok sabha
to the speaker and then speaker will
select categorize this question and send
this question to the concerned minister
right so questioning
you know power of questioning in the
legislature entered through indian
council sect 1892
now indian council sect
1909
famously known as molly minto reforms i
would say in famous
this particular act was infamous also
infamous why
due to communal electorate
right now direct elections to the
legislative council first time first
time
the number of members of the legislative
council was increased from 16 to 60.
so when i'm seeing direct collection
don't consider that all of uh all the
people you know universal and l
franchise got into ninety assanita
limited franchise weren't there was
there only few people were given right
to vote
right and they were the one who are
participating in elections
this particular reform is famous for the
separation of communal electorate what
does it mean
when you use the word electorate
what does it mean
and when i'm saying separate common
electorate communal electorate word
communal means
based on community
you have separate
electoral features what does it mean
for example
more limited reform saying muslims are
going to be given
separate
electorate
in a particular area where a seat is
allocated as a muslim seat
there only muslims are going to vote
and muslim is going to fight the you can
say election
so this idea although was supported by
many western you can say political
thinkers of the time they were saying
in a society
where there are minorities
and to ensure that minorities have their
say in administration so that they are
not suppressed
we should introduce separate electorate
but my friends
there is a huge demerit also
for example
in an area
it was not like that our society in our
society people were living that in a
particular constituency only muslims are
going to live and other constituents
hindus are going to live we
were a diverse society intervening with
each other right so at that point of
time
in a particular neighborhood
if muslims are the one who are allowed
to vote and hindus can't vote other
other religions can't vote
now don't you think
this particular process of electorate
will actually have huge negative
implications number one division of the
people
right people would say we don't have
voting power
and second
is that representative will only come at
the door of people who are going to vote
who are going to ensure his success his
candidature to actually get select you
know get appointed
um after election the point is
point is that this will actually be a
negative connotation
right
now
those people if they will they will come
that we have these local issues then
that person would say
but those who are the actual voters that
person will give privacy to them right
so this is the fault of the system right
it is said that britishers introduced
this to divide indian society on
communal lines
for the first time indians was indian
was made as the member of executive
council of voicerai and the name was
sateen the prasad sinha as
law member
now
just
check out this question consider the
following statements more limited
reforms provincial legislative council
scheme
to have non-official majority
the discussion on budget including
supplementary question was
introduced for the first time muslims
were given separate electorate
mole mentor reforms
so you have to attempt that question
okay
now
government of india act 1919
montague transport reform
okay and when i'm saying molly minto or
montego champs ford
it means minto is voicerai and more like
secretary of state
okay
james ford is voice right
and montague is secretary of state for
india now
1919
important law
he can easily remember
on the basis of division of power
and how power was divided take a look
leslie legislature list got divided into
two part
central subject and provincial subject
it means
earlier
this council of this governor general's
council after that we had this
central legislative council
it was having you know a power to make
law on every subject
and some on some subject there was huge
overlap with provincial provincial
isolated council
so their need arised
that why not we divide our spheres
it means
if certain laws can be made at by
provincial legislature because they have
better know how of the ground situation
then these power should be given to
provincial legislature
if certain laws need uniformity across
different provinces then these then
these subjects to make loan these
subjects this power should be given to
central legislature
right so that's how this categorization
was done central subject and provincial
subject okay
and you also know that in our indian
constitution schedule 7 we have
union list state list and we have also
concurrent list so uniless simply means
the matters on which only union
legislature can make law parliament can
make law state list matter on which
state legislature is going to make law
right so this idea of categorization of
subjects between union and state it
emerged where
1990
you can use your pictographic memory
it means
understanding one thing is you know one
way right and another is
associate with some picture okay 1919 oh
there was division happening
right so in this way you can actually
remember this
apart from this when it comes to
provincial subjects they were further
divided into two
one was
reserves list and other was transferred
list
reserved list means now only governor
general of that province
along with
the concerned
members of council they are going to
take this decision
for this taking decision on these
reserved subjects they are not bound
answerable to the council
but when it comes to transferred list
with regard to these these
these topics which are these subjects
which are mentioned in this transfer
list they have to take into
consideration
the uh the process of counsel
it means
important subjects were taken in reserve
list
so that
the members the indian community members
in this provincial legislative council
so that they cannot question this
because they don't have any say over
this
but when it comes to some
you can say
some two simple kind of subjects right
uh basic things they were given into
transferred okay on these things you can
debate you can bring law you can bring
bill and then we we're going to discuss
and then we are going to make law right
so important things were keep kept in
deserved list
so this division
this division of subjects is called as
diarchy
d y
means d i mean say to archi means rule
diarchy means
rule in two ways two ways why because
legal subjects the subjects on which law
can be made is divided into two parts
okay please remember
diarchy means the subjects on which
on which laws are going to make these
are divided into two parts one reserved
means britishers they're they're
governor governor at the
at the level of province along with the
council members they're not accountable
to this legislative council reserved
and here they are
right
so this division is known as
although
there was a lot of
you can say
opposition to this very idea
right because you have given you know
certain subjects and transferred but
even if we are we want to raise some
points we want to contribute in law
making process on the subjects which are
more important and you have put in
reserve list then this is like a mockery
right
apart from this government of india 1919
also introduced bicameral legislature
bicameral means
now please remember
we were talking about division of
subjects
means
areas on which laws are made
we were just talking about those
divisions right
now we are talking about house
like we have lok sabha and rasaba two
separate houses
so by criminal legislature legislative
council and legislative assembly word
was were used at that point of time in
in current scenario you can equate with
lok sabha and rajya sabha
okay
so majority
directly elected majority in both
now establishment of central public
service commission
this is important for you right
it was
it was this
1919 act through which central public
service commission was established now
you have upsc union public service
commission
right limited franchise was there it
means everyone was not having right to
vote
voting rights were given the basis of
property tax and education the tax you
pay the property you have the education
you have
only around 10 percent indians were
having this right to vote at that point
of time
okay another important part
voice rise executive council
there were six members here out of the
six members three members
apart from achieve need to be indians
so this was an important development
here
means six members
in
viceroy's council right viceroy's
executive council out of these
six members three members need to be
indians
right
now
now a simon commission was made to
review the implementation of this 1919
act
now huge you can say opposition was done
against the simon commission because
many indian leaders were having you know
serious reservations with 1990 net
saying this is a mockery
you already have made reserve subject
important subjects are with you directly
you have introduced
right and true representation true
involvement of indian has not been
realized until now it was a promise
given way back right lord canning idea
then council three councils act
so now simon commission was made to
review this now the point of contention
was no indian was part of the simon
commission in modern history you must
have uh read about simon commission and
simon go back right uh lalala
lost his life
right
now seven member commission no indians
were there objective to inquire about
the working of 1998 this objective need
to be uh no you should remember a
statement kind of question has been
asked already by upsc i think 2015.
now recommendations what were the
recommendations of salmon commission one
abolition of dark i've already told you
serious reservations were against this
concept of their ki
reserve subject transfer subject so
summon commission
right otherwise problems will continue
extension of responsible government in
provinces
continuation of communal representation
communal representation continue to
separate electorate
establishment of federation of british
india and princely states federation of
british india and peninsula state
princely state will be member of this
federation
so now indians objected to this simon
commission right and there was you know
simon goback was going on though these
recommendations were incorporated in
government of india 1935 they were
incorporated this is also
important okay many people miss on this
particular statement and this particular
statement is used please remember it
now
after this three round table content
conferences happened in london
where
british shirts invited
important leaders from all sections of
indian society so that they can listen
to them
their grievances their suggestions and
check out the future plan of
administering british india
so
gandhiji went only in second conference
and sarojini naitu and dr b r ambedkar
went into all three conference
representative of british government
representative india and representative
princely state all three segments were
present there
as an outcome
mcdonald award ramsey mcdonald the
british prime minister at that point of
time was declared ramsey mcdonald award
it means
now separate electorate
which were earlier there
for
muslims but now ramsey magnolia was
saying
on the on the you know on the ideas of
doctor bmw that separate electorate
needs to be introduced for depressed
sections also
and after this you know that uh many
indian leaders primarily mahatma
gandhiji considered it as a attempt to
divide indian society further by
britishers and specifically hindu
society so that they can weaken
the you can say a national movement so
uh in
on 26th january 1930 we had this demand
of pune swaraj and then we all at that
nineteen thirty two we had this ramsey
mcdonald award this kebab
extending separate electrodes scheduled
classes
now what mahatma gandhi did mahatma
gandhi set
on fast unto death in yerbada jail right
here the jail pune and then there was
huge pressure on dr b rambedkar that you
have to save life of mahatma gandhi
because condition of mahatma gandhi was
that this
this
demand of separate electorate for a
depressed section should be removed
so
under the public pressure dr b r
ambedkar went to yerba jail they had a
discussion with mahatma gandhi and
finally
they they both arrived at a conclusion
that we are going to find a middleweight
and middleweight is going to be
reservation for depressed classes
in subsequent provincial legislative
elections
provincial legislative council elections
so this was signed and separate you know
reservation was reservation is you know
different from separate electorate
because in separate electorate it means
if a particular seat constituency is
declared as
depressed section for depressed section
now only dip those categories as
depressed section can vote
and only candidate can be from depressed
section but when you say reservation it
means
this can this particular seed is
represent for depressed section it means
candidate can be from depressed section
but when it comes to voters voters will
be all eligible voters who are residing
in that particular territory okay so
this was considered as a better way
at that point of time in 1934 m and roy
demand for constitution india by indians
this was raised please remember amen roy
now there's a question for you
simon commission which was appointed in
1997 submitted so just take a look over
this question okay and post your answer
in comments
this pdf will be available in the
telegram group i'm going to show the
telegram address in the last okay so no
need to worry
now government of india 1935
this particular act has a lot of
provisions you know we have a lot of
provisions from this act in our
constitution because
why we had we why we have been
incorporated because already
administrative structure was developed
so our constitution framers thought
why we should actually dismantle a
structure which has already been made
why should we do a trial and error if we
can improvise on a structure which has
already been made by britishers
so all india federation was proposed
which would consist of british india
princely states and categorized through
subjects central provincial as well as
concurrent and this is exactly the three
lists these are exactly the three list
which we have in our constitution seven
schedule right
so center means center subject means
federalist means on federalists means as
of now we use union list center can make
law
provincialist it means state list only
state can make law and when i say
confront list concurrent means both can
law both can make law but when it comes
to
if
those two laws which are made on a
matter in confront list come into
conflict then whose law will prevail
law will prevail this is a common uh you
can say idea but my friends
in
you know in previous judgments supreme
court has arrived
on a on a doctrine where harmonization
is done
whenever a central and state law came
into conflict some provisions came into
conflict then this interpretation of
that law so that harmonization can be
done right harmonized reconstruction
okay
today we are talking about historical
background indian constitution we are
going to focus exactly on that okay
now diarchy was abolished at provincial
level
and introduced at the level of center
now if us upsc is making a statement
as per government of india 1935 dayarki
was abolished at provincial level
and it got enacted in indian
administration in it was it got enacted
in british administration at the level
of center do you think that statement
would be true
what do you think true or false true or
false come on
some of you might say
sir
buddhism
answer is false
because
it was introduced in the law
it was introduced in the law means in
the law government of india 1985 has
this provision
there there should be a direct at the
level of center
but it never got enacted
due to a lot of repulsion against the
idea of dericki at provincial level also
in the past
okay so these are some intricacies on
which you know upsc lay the trap now
more autonomy was accorded to the
provinces six out of 11 promises but
bikram legislature was introduced
so if i ask bicameral legislature as a
concept was introduced by which law come
on aminabhi
1919
right
now here we are extending it to
provinces right different provinces a
federal court was established indian
council was established uh abolished
extension of communal representation to
sc's women and laborers yes
we are talking about 1935.
puna that has already been done but
britishers were not got deterred from
pune fact
now ambedkar would be satisfied at the
level
for reservation but britishers be
government of india 1935 may separate
communal representation
all right
now act provided for establishment of
rbi it was the sect
through this through which rbi got
established right reserve bank of india
there was a separate law for reserve
bank of india also right rbi 1934
and dude so arabic 1934 came earlier and
how rbi is going to position or
interlink with the administration these
provisions were mentioned in government
of india 1935 right and rb got
established in 1935.
this act continued with its place in new
indian constitution as i told you and at
that point of time around 10 people were
having power to vote
now this is an mcq for you on this
take a screenshot
and attempt
now came the august offer
now britishers were in trouble in 1935
world war ii was started
hitler
was in position to attack britain
and at that point of time britishers
wanted support of indians right so now
britishers are saying
that again
in in exchange of support of indians
full-fledged support of indians we are
going to give dominion status
do you think at this stage indian
nationalist leaders would agree on
domain status no
right so this is what exactly happened
so you read about it in modern history
right
later congress put forth his own demand
we are going to support you but this is
what we need as world war two ends
now this dominant status demand was
rejected by indians
then we had the scripps mission 1942
dominant status to india protection of
minorities setting up constant assembly
with representatives from pennsylvania
states british provinces provisions of
british provinces to have their own
constitution they want so these kind of
ideas actually were proposed in crips
mission and it was a big fail
we are talking about 1942
do or die
right
good india movement
so
again a question for you
now
india independence act
where we had a trust with the destiny of
india as
our first prime minister mr jawaharlal
nehru says in discovery of india's book
so it declared india's independent and
sovereign state from legal standpoint
you should know
that
after this india independence act now
constant assembly which was already made
was giving the status that okay this
constant assembly will be responsible
for making constitution as well as work
as parliament of india that's why my
friends when the same constant assembly
got you know was sitting for discussing
the constitution
it was presided by
dr
rajendra prasad as a president of
constant assembly but when same
constituent assembly was working as
parliament at that point of time mr gv
mavlankar was heading that
now
the keeping facts aside partition of
india happened there was creation of
pakistan this position of secretary of
state for india got is abolished and
this title viceroy this was also removed
because viceroy means representative of
crown and why would we have
representative crown if we are going to
get independence after this act
so it abolished the office of viceroy
and provided for a governor general who
was to be appointed by the british king
or for the dominion of
cabinet for the dominion cabinet because
abhi xtop gap solution
now it empowered the constant assemblies
and pakistan they were now they were
given this sovereignty to decide the
constitution
of india as well as constitution of
pakistan
now governance of each dominion was
conducted based on government of india
1935 as i told you
right british monarch could no longer
ask for bills
right okay okay you have to give me the
bill and then i'm going to turn into act
no we are not going to
the crown rule ends here avoid time gaia
right now governor general of the
dominions were made to act and aid or
the advice of the council
and then we had
our last
governor general mr mountbatten right
at the stroke of midnight
british rule came to end in india
lord mountbatten became the first
governor general of the new dominion of
india because as
lord mountbatten gave this charge of
governor general of india to see raja
gopalachari then this was final you can
say
exit of britishers the constant assembly
of india formed in 1946 and became the
parliament of indian dominion
and after the enactment of constitution
we were
sovereign socialist socialist word came
later secular democratic republic
right
care
constant assembly per discussion and the
addition of the words we are going to
talk
in the next lectures upcoming sessions
see you then till then keep learning
keep growing shashank thyagi signing off
the pdfs will be available in this
telegram group shashank tyagi for you
you can also connect with me on
instagram or twitter to ask any doubt
i'll be there for you
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