Analyze the historical factors that influenced the Indian Constitution’s design.
The Government of India Act, 1935 had a significant influence on the drafting of the Indian Constitution, with both continuities and departures observed in the final constitutional framework. Continuities: Federal Structure: Both the Government of India Act, 1935 and the Indian Constitution adoptedRead more
The Government of India Act, 1935 had a significant influence on the drafting of the Indian Constitution, with both continuities and departures observed in the final constitutional framework.
Continuities:
Federal Structure: Both the Government of India Act, 1935 and the Indian Constitution adopted a federal structure, with a central government and provincial/state governments.
Distribution of Powers: The Constitution retained the broad division of powers between the Union and the states, as established in the 1935 Act, with the Union government having greater powers.
Bicameral Legislature: While the Indian Constitution ultimately opted for a unicameral Parliament at the Union level, the 1935 Act had established a bicameral legislature at the center, which was a reference point during the debates.
Gubernatorial System: The Constitution retained the gubernatorial system, with the President/Governor acting as the nominal head of the Union/state governments.
All-India Services: The Constitution continued the system of All-India Services, such as the Indian Administrative Service and the Indian Police Service, which were introduced in the 1935 Act.
Departures:
Constituent Assembly: The most significant departure was the drafting of the Constitution by a democratically elected Constituent Assembly, rather than being imposed by the British Parliament, as was the case with the 1935 Act.
Strengthened Centre: The Indian Constitution granted the Union government significantly more powers compared to the 1935 Act, reflecting a stronger unitary bias.
Fundamental Rights: The Constitution incorporated a comprehensive Bill of Fundamental Rights, which was absent in the 1935 Act.
Directive Principles of State Policy: The Constitution introduced the novel concept of Directive Principles of State Policy, which were non-justiciable but guided the state’s policymaking.
Judiciary: The Constitution established a unified, integrated judiciary, unlike the dual judiciary system envisaged in the 1935 Act.
Electoral System: The Constitution introduced a system of direct elections to the Lok Sabha, as opposed to the indirect elections prescribed in the 1935 Act.
The influence of the Government of India Act, 1935 is evident in the Indian Constitution, particularly in the broad federal structure and the distribution of powers between the Union and the states. However, the Constituent Assembly, guided by the vision of a democratic, sovereign, and egalitarian India, made significant departures to create a unique constitutional framework that better reflected the aspirations of the Indian people.
(i) Following are some historical forces which shaped the vision of the Constitution. Certain basic values were accepted by all national leaders as a result of the Nehru Report and the Fundamental Rights Resolution passed the Karachi session of the Indian National Congress. (ii) Universal Adult FranRead more
(i) Following are some historical forces which shaped the vision of the Constitution. Certain basic values were accepted by all national leaders as a result of the Nehru Report and the Fundamental Rights Resolution passed the Karachi session of the Indian National Congress.
See less(ii) Universal Adult Franchise, Right to Freedom and Equality and Protection of minority rights were these basic values.
(iii) After the results of 1937 elections, the Congress and other political parties were able to form the governments in the provinces.
(iv) This experience with legislative and political institutions helped in developing an agreement over institutional design.
(v) Many colonial laws were also the sources of the Indian Constitution. Government of India Act, 1935 was a major one.