Laxmikanth Test: Historical Development of the Constitution of India- 1 - UPSC

The Government of India Act 1935 was an Act of the Parliament of the United Kingdom. It originally received Royal assent in August 1935. It was the longest Act of (British) Parliament ever enacted until Greater London Authority Act 1999 surpassed it. Because of its length, the Act was retroactively split by the Government of India Act, 1935 into two separate Acts:
 

• The Government of India Act, 1935 , having 321 sections and 10 schedules.

• The Government of Burma Act, 1935 having 159 sections and 6 schedules.

The Act led to:

• Establishment of RBI.

• FPSC, PPSC, JPSC.

• Federal Court in 1937.

• Bicameralism in 6 provinces (Bombay, Madras, Bengal, Bihar, Assam and United Provinces) out of 11 provinces.

C Rajagopalachari became the Governor-General after the independence of India. Otherwise, there were no other Indian Governor-Generals in India before.

The correct answer is B: Lord Ripon.

Explanation: Lord Ripon, who served as the Viceroy of India from 1880 to 1884, is credited with introducing local self-government in India. In 1882, he introduced the Local Self-Government Resolution, which provided for the establishment of local self-government bodies in rural and urban areas of British India. This resolution marked a significant shift in the governance of India, as it provided for greater participation of Indians in the administration of their own affairs.

Under the Local Self-Government Resolution, local bodies such as municipalities, district boards, and taluk boards were established, which were responsible for the provision of local services such as sanitation, water supply, and roads. The members of these bodies were to be elected by local citizens, thereby providing an opportunity for Indians to participate in the decision-making process.

Lord Mountbatten was the last British Governor-General of India, who oversaw the transfer of power from British rule to Indian independence in 1947. Lord Canning was the first Viceroy of India, who served from 1858 to 1862, after the Indian Rebellion of 1857. Lord Macaulay was a British statesman and historian who served in India as the Law Member of the Governor-General's Council from 1834 to 1838, during which time he made important contributions to the Indian legal system and education policy.

The correct answer is C: Joint electorate with reserved seats for the scheduled castes.

Explanation:
The Poona Pact was an agreement signed between Mahatma Gandhi, representing the Indian National Congress, and B. R. Ambedkar, representing the Depressed Classes (now known as Scheduled Castes), on 24 September 1932. The agreement was reached after a prolonged and bitter debate between the two leaders over the issue of separate electorates for the Dalits.

The British government had earlier proposed separate electorates for the Dalits, which would have given them their own separate electorate to elect their own representatives. Gandhi was opposed to this idea, as he believed that it would further divide the Hindu community along caste lines. He proposed a system of joint electorates, where members of all castes would vote together, and the Dalits would be given reserved seats in the legislature.

The Poona Pact upheld the principle of joint electorates with reserved seats for the Scheduled Castes. This ensured that the Dalits would have representation in the legislature and a voice in the political process, while also ensuring that the Hindu community remained united. The Poona Pact was a significant moment in the history of Indian politics, as it marked a major victory for the Dalits and helped to bring about greater unity among the Indian people.
 

The correct answer is C: Economic Liberty.

Explanation:

The Preamble to the Constitution of India is a brief introductory statement that sets out the fundamental principles, values, and objectives of the Constitution. It declares India to be a sovereign, socialist, secular, democratic republic, and enshrines certain fundamental rights and freedoms that are essential for the well-being and dignity of the individual.

The Preamble guarantees the following liberties:

A. Liberty of Thought: The Preamble guarantees the right to freedom of thought, conscience, and belief. This means that every individual has the right to think, believe, and worship as they choose, without interference from the state.

B. Liberty of Expression: The Preamble guarantees the right to freedom of expression, which includes the freedom of speech and expression, the freedom of the press, and the freedom to assemble peacefully and without arms.

C. Economic Liberty: Economic liberty, which includes the freedom to own, acquire, and dispose of property, is not explicitly mentioned in the Preamble to the Constitution of India.

D. Liberty of Belief: The Preamble guarantees the right to freedom of belief, which includes the freedom to practice, profess, and propagate any religion.

Thus, the correct answer is option C, Economic Liberty.

The correct answer is B: Montague’s Declaration 1917.

Explanation:

The Government of India Act, 1919, also known as the Montagu-Chelmsford Reforms, was enacted to introduce self-government to India. The act was based on the recommendations of the report submitted by the Secretary of State for India, Edwin Montagu, and the Governor-General, Lord Chelmsford, in 1918.

The act was introduced in response to the Montagu Declaration of 1917, which promised "responsible government" in India. The Declaration stated that the British government's policy was to "increase association of Indians in every branch of the administration and the gradual development of self-governing institutions" in India.

The Government of India Act, 1919, introduced several important provisions, including the expansion of legislative councils, the creation of a system of dyarchy, and the establishment of a Public Service Commission. The act also provided for the establishment of a new central government in Delhi and provincial governments in the provinces.

Thus, the correct answer is option B, Montague’s Declaration 1917.

The correct answer is C: Elected by the legislature of the various provinces.

Explanation:

The Constituent Assembly of India was formed in 1946 to draft the Constitution of India. The members of the Constituent Assembly were not directly elected by the people but were indirectly elected by the provincial assemblies.

Under the Cabinet Mission Plan of 1946, a Constituent Assembly was to be elected by the members of the provincial assemblies. The members of the provincial assemblies were themselves indirectly elected, and the electorate consisted of a limited number of people, including elected members of local bodies and other special interest groups.

The Constituent Assembly consisted of a total of 389 members, including 292 from British India and 93 from the princely states. The members were chosen on the basis of proportional representation, with seats allocated to each province and princely state based on their population.

Thus, the correct answer is option C: Elected by the legislature of the various provinces.

The correct answer is D: 395.

The Constitution of India has a total of 395 articles, which are divided into 22 parts. It is the supreme law of India and provides the framework for the governance of the country. The Constitution was adopted by the Constituent Assembly on November 26, 1949, and came into effect on January 26, 1950.

The correct option for the act which established the Supreme Court of Kolkata is A:

Regulating Act of 1773. The Regulating Act of 1773 was an important legislative measure passed by the British Parliament to regulate the affairs of the East India Company in India. One of the provisions of this act was the establishment of a Supreme Court in Kolkata, which was the first such court in India. The Supreme Court was established in Kolkata in 1774 and started functioning from 1775.

The correct answer is C: Charter Act of 1793.

The Charter Act of 1793 was an important legislative measure passed by the British Parliament to regulate the affairs of the East India Company in India. One of the key provisions of this act was the establishment of a new Supreme Court in Calcutta (now Kolkata), which replaced the Supreme Court established by the Regulating Act of 1773.

Another significant provision of the Charter Act of 1793 was the recognition of the power of the Supreme Court to interpret the laws and regulations. This provision gave the Supreme Court the power to strike down laws that were deemed to be unconstitutional or in violation of the principles of natural justice. The recognition of this power was a significant step towards the establishment of the principle of judicial review in India, which is a cornerstone of the Indian Constitution today.

The correct option is C All of the above

The British Parliament passed the Regulating Act in 1773 by which changes were introduced in the administrative structure of the company both in England and in India. The number of the Directors of the Company was taken to 24. In India the Governor of Bengal came to be designated as the Governor General.
As per the provisions of the Act, a Supreme Court was established at Calcutta comprising of a Chief Justice and three other Judges. The special feature of the Act was that apart from granting the status of a trading company, it also conferred the East India Company constitutional status and provided it with political powers.

The Act was 2nd milestone towards a completely responsible government in India. It was a lengthy and detailed. It has 321 Sections and 10 Schedules. 

The features of the Act were

• It provided for the establishment of an All-India Federation consisting of provinces and princely states as units.

• The Act divided the powers between the Centre and Units by three lists—Federal List (for Centre, with 59 items), Provincial List (for provinces, with 54 items) and the Concurrent List (for both, with 36 items).

• Residuary powers were given to the Viceroy.

• But the federation never came into being as the princely states didn’t join it.

• It introduced ‘provincial autonomy’ instead of dyarchy in the provinces.

• The provinces were now autonomous units of administration in their own fixed spheres.

• It introduced responsible governments in provinces, i.e. the governor was required to act with the advice of ministers responsible to the provincial legislature.

• This came into effect in 1937 and was discontinued in 1939.

• It provided for dyarchy at the Centre.

• Thus, the federal subjects were divided into reserved subjects and transferred subjects. But, this provision did not come into operation at all.

• It introduced bicameralism in six out of eleven provinces - Bengal,Bombay, Madras, Bihar, Assam and the United Provinces.

• There was a legislative council (upper house) and a legislative assembly (lower house). However, many restrictions were placed on them.

• It also provided separate electorates for depressed classes (scheduled castes), women and labor (workers).

• It abolished the Council of India, established by the Government of India Act of 1858. The secretary of state for India was provided with a team of advisors.

• It extended franchise. About 10 per cent of the total population got the voting right.

• It provided for the establishment of a Reserve Bank of India to control the currency and credit of the country.

• It provided for the establishment of a Federal Public Service Commission, Provincial Public Service Commission and Joint Public Service Commission for two or more provinces.

• It provided for the establishment of a Federal Court, which was set up in 1937.

• The correct answer is A: Only 1.

  (1) Simon Commission which was appointed in 1927, submitted its report in 1930, which suggested abolition of dyarchy. The Simon Commission was appointed by the British Government in 1927 to review the working of the Government of India Act of 1919 and to recommend changes, if necessary. The commission was composed entirely of British members and had no Indian representation. The report of the Simon Commission, submitted in 1930, recommended the abolition of the dyarchy system and the introduction of representative government in the provinces.

  (2) The Poona Pact was not a reaction to the Simon Commission and its Report. The Poona Pact was an agreement signed between Mahatma Gandhi and Dr. B.R. Ambedkar in 1932 to resolve the issue of separate electorates for the Dalits. The British government had introduced separate electorates for the Dalits in the Communal Award of 1932, which was opposed by Mahatma Gandhi. The Poona Pact provided for reserved seats for the Dalits in the provincial assemblies but did not allow for separate electorates.

  Therefore, only statement 1 is true and option A is the correct answer..

1909 Act is also known as Morley-Minto Reforms (Lord Morley was the then Secretary of State for India and Lord Minto was the then Viceroy of India). It was to appease the moderates.

• It increased the size of Central and provincial legislative councils. 
• The number of members in the Central Legislative Council was raised from 16 to 60. 
• The number of members in the provincial legislative councils was not uniform.
• It retained official majority in the Central Legislative Council (majority of British officials)
• However, it allowed the provincial legislative councils to have non-official majority.
• It enlarged the deliberative functions (right to discuss and ask questions) of the legislative councils at both the levels.
• For example, members could move resolutions on the budget, ask supplementary questions, etc.
• For the first time, it provided for the association of Indians with the executive Councils of the Viceroy and Governors. 
• Satyendra Prasad Sinha became the first Indian to join the Viceroy’s Executive Council. He was appointed as the law member.
• It introduced ‘separate electorate’, a system of communal representation for Muslims.
• Under this, the Muslim members were to be elected only by Muslim voters. 
• Thus, the Act ‘legalized communalism’ and Lord Minto came to be known as the Father of Communal Electorate.
• It also provided for the separate representation of presidency corporations, chambers of commerce, universities and zamindars.

• On August 20, 1917, for the first time, the British Government declared, that its objective was the gradual introduction of responsible government in India.

• The Government of India Act of 1919 was thus enacted, which came into force in 1921. 

• It is also known as Montagu-Chelmsford Reforms as Montagu was Secretary of State for India and Lord Chelmsford was Viceroy of India.

Features of the Act are -
 

• It separated the central and provincial subjects thus relaxing central’s hold over provinces.
• The central and provincial legislatures could make laws on subjects on their respective list of subjects.
• But, the structure of government continued to be centralized and unitary.
• Provincial subjects had two parts - transferred and reserved.
• The transferred subjects were to be administered by the governor with the aid of ministers responsible to the legislative Council.
• The reserved subjects were to bead ministered by the governor and his executive council without being responsible to the legislative Council.
• This was known as ‘dyarchy’ - term derived from the Greek word di-arche which means double rule. However, this experiment failed.
• It introduced bicameralism and direct elections in the country.
• Indian Legislative Council was replaced by a bicameral legislature having an Upper House (Council of State) and a Lower House (Legislative Assembly).
• The majority of members of both the Houses were chosen by direct election.
• It required that the 3 out of 6 members of the Viceroy’s executive Council (other than the commander-in-chief) were to be Indian.
• It provided separate electorates for Sikhs, Indian Christians, Anglo-Indians and Europeans as per the principle of communal representation.
• It granted franchise to a limited number of people based on property, tax or education.
• It created a new office of the High Commissioner for India in London and transferred to him some of the functions till now performed by the Secretary of State for India.
• It provided for the establishment of a Public Service Commission. Hence, as per the Lee Commission on Superior Civil Services in India (1923-24) a Central Public Service Commission was set up in 1926 for recruiting civil servants.
• It separated provincial budgets from the Central budget and authorized the provincial legislatures to enact their budgets.
• It provided for the appointment of a statutory commission to inquire into and report on its working after ten years of its coming into force.