Chapter 1: The Historical Background

Utility of a Historical Retrospect

We need to study the historical background of the Constitution for the following reasons:

1. It is the product, not of political revolution but of research and deliberations of a body of eminent representatives of people who sought to improve upon the existing system of administration.
2. It was not imposed by an imperial power on us but was made by the people themselves through elected representatives assembled in a sovereign constituent assembly.

The Government Of India Act Of 1858

1. Based on the principle of absolute imperial control without any popular participation in the administration of the country.
2. Enacted in the year 1858 when the British crown took over from the East India Company.
3. Powers of the Crown were to be executed by Secretary of State assisted by a 15-member Council known as the “Council of India”.
4. Council consisted exclusively of people of England including: nominees of crown + representatives of directors of East India Company.
5. Secretary of State exercised control through Governor-General + Executive Council (consisting high officials of the government).

Features of the the system

1. Centralised Administration:
   1. Not only Unitary but rigidly centralised.
   2. Territory divided into provinces ruled by Governor or Lieutenant-Governor aided by a Security Council
   3. All the provincial governments were to function under the superintendence, direction and control of the Governor-General.
2. No separation of functions:
   1. There was no separation of functions, all the authority for governance - civil and military, executive and legislative was vested in the Governor-General.
3. Absolute control of the Secretary of State:
   1. He was the final word on policy.
   2. His control was absolute.
4. Bureaucratic administration:
   1. The entire machinery of administration was bureaucratic, totally unconcerned about the public opinion in India.

The Indian Councils Act, 1861