Chapter 5 - union and its territories

  Chapter 5 - Union and its territories  Article 1 to 4 under part 1 Deals with Union and its territory Article 1 describes India that is Bharat as a union of States rather than a Federation of states. Union of States has been preferred to Federation of states- Two reasons - Indian Federation is not the result of an agreement among the states. States have no right to secede from the Federation. Article 1 territory of India can be classified into three categories- Territory of the states union territories A territory that may be acquired by the government of India at any time. Names of state and union territories and their territorial extent mentioned in the first schedule. Presently 28 States and nine union territories Territory of India is a wider expression then Union of India because Territory of India also includes Union territories and territories that may be acquired by government of India at any future time. Being Sovereign India can acquire foreign ...

Historical background part 2- The crown rule

The Crown rule (1858 to 1947) 

Government of India Act of 1858 

Act for the good government of India 

Abolished East India Company 

India to be governed by Majesty

Designation of governor-general of India changed to Viceroy of India(1st lord canning) 

Ended double system government

Created new office Secretary of State for India(Member of British cabinet)

Established 15-member Council of India to assist Secretary of State. 

Made Secretary of State in Council as a body corporate. 


Indian councils Act of 1861 
(Policy of Association)

Features 

Beginning of Representative institutions by associating Indians with the lawmaking process 

Viceroy should nominate some Indians as non-official members of his expanded Council

1862 Lord canning nominated three Indians to his legislative Council Raja of Banaras, Maharaja of patiala and sir Dinkar rao. 

Initiated process of decentralization 

Establishment of new legislative councils for bengal, Northwestern provinces and Punjab in 1862. 1886 and 1897. 

Empowered viceroy to make rules and orders for the more convenient transaction of business. 

Portfolio system introduced by Lord canning in 1859 

Empowered viceroy to issue ordinances without concurrence of legislative Council during an emergency(Six months Validity)

Indian councils Act of 1892 
Features 

Increased number of additional members in the Central and provincial legislative councils, but maintained the official majority in them. 

Increased function of legislative councils 

Provided nomination of some non-official members of central legislative Council by viceroy on recommendation of provincial legislative councils and bengal Chamber of Commerce. 

That of provincial legislative councils by the governor on the recommendation of the distinct boards municipalities universities trade associations. Zamindar's 

Indian councils Act of 1909 
(Morley Minto reform)
Features 

Increased the size of the legislative councils 
Retained official majority in the central legislative council, but allowed provincial legislative councils to have non-official majority. 

Enlarged function of legislative councils 

Provided for Association of Indians with the executive Council of viceroy and governors 
(Satyendra prasad Sinha Became law member). 

Introduced system of communal representation for Muslims by accepting concept of separate electorate (Lord Minto father of communal electorate)

Provided separate representation of presidency Corporation Chamber of Commerce universities and zamindars.

Government of India Act of 1919 
(Montague chelmsford reforms)
Enacted in 1921 
Features 

Relaxed central control over provinces 
Demarcated and separated Central and provincial subjects 

Further divided the provincial subjects into two parts- Transferred and reserved 

Transferred administered by governor with help of ministers responsible to the legislative councils. 
Reserved are to be administered by the governor and his executive Council without being responsible to the legislative Council. 

Introduced bicameralism 

Majority of members chosen by direct election 

Required three of six members of The Advisory executive Council to be Indian 

Extended principle of communal representation by providing separate electorate for six Indian Christians anglo-indians and Europeans. 

Create a new office High Commissioner for India in London. 

Establishment of Public Service Commission 
(Central Public Service Commission in 1926)

Separated provincial budget from Central budget 

Appointment of a statutory commission to inquire into and report on it's working after 10 years of it's coming into Force. 

Simon Commission 

In November 1927 Seven members statutory commission under chairmanship of Sir John Simon. 

All the parties boycotted as all the members were British. 

Recommendation 

Abolition of diarchy, extension of responsible government, establishment of Federation of British India princely state. 
Continuation of communal electorate 

Communal award 

August 1932 Ramsay MacDonald Announced scheme of representation of the minorities 

Extended it to the depressed classes. Schedule caste 

Gandhiji was distressed. Undertook fast unto death in your yerawada (Poona)

At last an agreement between leaders of Congress and depressed classes known as Poona Pact- Retained Hindu joint electorate and gave reserved seats to the depressed classes. 

Government of India Act of 1935 
(321 sections and 12 schedule)

Features 

Establishment of an all India Federation 

Divided the powers between Centre and it units in terms of three lists Federal list 59 items, provincial list 54 items and concurrent list 36 items. 

Abolished diarchy in the provinces and introduced provincial autonomy. 
Introduced responsible government

Provided for the adoption of diarchy at the center

Introduced bicameralism in 6 out of 11 provinces (Bengal Bombay Madras Bihar Assam and United provinces)

Further extended principle of communal representation by providing separate electorate for depressed classes woman and labour

Abolished Council of india established 1858

Extended franchise 10 percent of total population got voting rights 

Establishment of Reserve Bank of India 

Establishment of federal Public Service Commission And also a provincial Public Service Commission and Joint Public Service Commission for two or more provinces. 

Establishment of a federal court set up in 1937. 

Indian independence Act of 1947 
(February 20 1947) 

British PM Clement attlee 
British rule in India end by June 30 1948 

This announcement followed by agitation by Muslim League demanding partition of country. 
Again on June 3 1947 British government made it clear any Constitution framed by constituent assembly of India cannot apply to those parts of country which were unwilling to accept it. 

Lord mountbatten(Viceroy of India) Put forth partition plan. 

Features 

Ended British rule in India and declared India as an independent and sovereign state from August 15 1947. 

partition of India and creation of two independent Dominion

Abolished office of Viceroy

And provided for each dominion governor-general. 

Empowered constituent assembly of the two dominant to frame and adopt any Constitution And to legislate for their respective territories. 

Abolished function of Secretary of State and transferred to Secretary of State for Commonwealth affairs. 

Proclaimed lapse of British paramountcy over the Indian princely States 

Granted freedom to Indian princely States either to join pak or India Or remain independent 

Deprived the British monarch of his right to veto bills or ask for reservation of certain bills but reserved Governor General 

Designated governor-general of India and provincial Governors as constitutional heads (Made to act on advice of respective council)

Dropped the title of emperor of India from Royal titles. 

Discontinued appointment to civil services and reservation of posts by the Secretary of State for India. 

Midnight of 14 to 15 August 1947 British rule came to an end and power was transferred to the two new independent dominance.
 Lord mountbatten became first governor-general of new Dominion of India swore Jawahar Lal nehru as the first prime minister of Independent India.

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