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Historical Background Polity, Study notes of Political studies

Political studies

Best Notes of Polity Of Chapter Historical background Polity for the UPSC/PCS/SSC or other Competative examination . This is the best notes of Polity with all detailed explanations. Thank you for purchasing

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Historical Background
What is polity?
• Polity refers to the study of the political organisation of a state. A state is defined
as any political entity within a geographical area that possesses the power of law
and authority.
• It examines the structure, institutions, and processes through which governance
operates.
• The study of polity covers various aspects including the Constitution, Legislature,
elections, and other related processes.
• Polity is the operating system on which governance runs.
What is a constitution?
• The Constitution is the supreme law of the land, meaning no other law can
override it.
• It defines the structure of government, the powers and limits of government, and
the rights of citizens.
• India's Constitution came into force on 26 January 1950.
• It was drafted by the Constituent Assembly, with the Drafting Committee holding
the main responsibility.
• The Indian Constitution originally contained 395 Articles, 8 Schedules, and 22
Parts.
• Over time, 100+ amendments have expanded this number significantly.
• The Constitution is described as a 'living document' because it can be amended to
adapt to changing needs.
• However, the Basic Structure of the Constitution remains unchanged (remain
same) and cannot be altered by amendments.
What is a Government?
• Government is the machinery through which the state exercises its authority and
delivers governance.
• It consists of three main organs:
o Legislature - it makes laws (Parliament at the central level, Vidhan Sabha
at the state level).
o Executive - it implements laws (President, Prime Minister, Council of
Ministers, bureaucrats).
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Historical Background

What is polity?

  • Polity refers to the study of the political organisation of a state. A state is defined as any political entity within a geographical area that possesses the power of law and authority.
  • It examines the structure, institutions, and processes through which governance operates.
  • The study of polity covers various aspects including the Constitution, Legislature, elections, and other related processes.
  • Polity is the operating system on which governance runs. What is a constitution?
  • The Constitution is the supreme law of the land, meaning no other law can override it.
  • It defines the structure of government, the powers and limits of government, and the rights of citizens.
  • India's Constitution came into force on 26 January 1950.
  • It was drafted by the Constituent Assembly, with the Drafting Committee holding the main responsibility.
  • The Indian Constitution originally contained 395 Articles, 8 Schedules, and 22 Parts.
  • Over time, 100+ amendments have expanded this number significantly.
  • The Constitution is described as a 'living document' because it can be amended to adapt to changing needs.
  • However, the Basic Structure of the Constitution remains unchanged (remain same) and cannot be altered by amendments. What is a Government?
  • Government is the machinery through which the state exercises its authority and delivers governance.
  • It consists of three main organs: o Legislature - it makes laws (Parliament at the central level, Vidhan Sabha at the state level). o Executive - it implements laws (President, Prime Minister, Council of Ministers, bureaucrats).

o Judiciary - it interprets laws and settles disputes.

  • The Doctrine of 'Separation of Powers' states that each organ of government is distinct in its functions, yet there exists a system of checks and balances to prevent misuse of authority.
  • India follows a Parliamentary form of governance, in which the Executive is responsible to the Legislature. What is Parliament?
  • The Parliament of India is the supreme law-making body at the central level and serves as the central legislature of the country.
  • India follows a bicameral system , which means the legislature has two houses: o The Lok Sabha , also called the House of the People , is the Lower House. It has a maximum strength of 552 members and its members are directly elected by the people. o The Rajya Sabha , also called the Council of States , is the Upper House. It has a maximum strength of 245 members and its members are indirectly elected.
  • The President of India is also considered a part of Parliament under Article 79 of the Constitution.
  • Functions: The functions of Parliament include making laws, passing budgets, controlling the Executive, amending the Constitution, and conducting debates and discussions.
  • Sessions: Parliament meets in three sessions each year : o The Budget Session (February to May) o The Monsoon Session (July to August) o The Winter Session (November to December)
  • Parliament is not the same as the Government. Parliament includes both the ruling party and the opposition Members of Parliament (MPs). The Government , however, refers only to the ruling party in power. What is Judiciary?
  • The Judiciary is an independent organ of the state that interprets laws and the Constitution, while also dispensing justice.
  • The structure of the judiciary in India is hierarchical: o At the apex is the Supreme Court ,
  • The State List (Schedule 7) of the Constitution includes subjects such as police, public order, land, and agriculture, which fall under the jurisdiction of the state government. How does it all connect?
  • The Constitution creates all institutions of government and simultaneously places limits on their powers.
  • The Parliament makes laws, but only within the limits defined by the Constitution.
  • The Executive implements these laws through ministries and the bureaucracy.
  • The Judiciary ensures that the laws are constitutional and checks their validity.
  • The state structure follows the same setup at the state level, with legislatures, executives, and judiciaries functioning under constitutional limits.
  • Election (ECI) - The democratic mechanism that gives legitimacy to the ruling government. Why study historical background?
  • Our constitution did not emerge in a vacuum. It was the result of nearly 200 years of colonial experience under British rule.
  • Understanding British rule helps us understand why certain provisions exist in the constitution.
  • Many features of the Indian constitution were borrowed or adapted from British Acts , such as the federal system, the civil services and the parliamentary form of government.
  • UPSC frequently asks which features are taken from X act.
  • Historical background $\rightarrow$ back story of every provision in the constitution. Timeline
  • 1600 - Queen Elizabeth I granted a royal charter to the East India Company (EIC), giving it exclusive rights to trade in India.
  • In 1608 - the East India Company first arrived in India to establish its trading presence.
  • In 1765 - the East India Company obtained the Diwani rights (revenue collection) of Bengal, Bihar, and Odisha from Mughal Emperor Shah Alam II, marking its transformation from a purely trading company into a territorial power.
  • In 1857 - the Revolt of 1857 (Gadar) occurred, which was a major uprising against British rule and a turning point in India's colonial history.
  • In 1858 - following the Revolt of 1857, the British Crown took direct control of India , ending the rule of the East India Company. This marked the beginning of Crown Rule.
  • In 1946 - the Constituent Assembly was formed to draft the Constitution of India.
  • In 1947 - India achieved Independence from British rule , becoming a sovereign nation.
  • In 1950 - the Constitution of India came into force , establishing India as a Republic with a democratic framework. To study historical background, history is divided into two phases: Company rule (1773-1857) Crown rule (1858-1947)
  1. Regulating Act 1773
  2. Amending Act, 1781
  3. Pitt's India Act, 1784
  4. Act of 1786
  5. Charter Act 1793
  6. Charter Act 1813
  7. Charter Act 1833
  8. Charter Act 1853
  9. Government of India Act, 1858
  10. Indian Councils Act, 1861
  11. Indian Councils Act, 1892
  12. Indian Councils Act, 1909
  13. Government of India Act, 1919
  • ⤷Simon Commission 1927
  • ⤷Communal Awards 1932
  1. Government of India Act, 1935
  2. Indian Independence Act, 1947
  • All these acts were made by the British parliament in London, to govern and control India, which in turn governed India.
  • Every provision of the constitution is a reaction to some events that happened during British rule. 1. Regulating Act of 1773
  • The Regulating Act of 1773 was the first step taken by the British Government to control and regulate the affairs of the East India Company (EIC).
  • Through this Act, the political and administrative functions of the Company were formally recognized.
  • It also marked the beginning of the formation of central administration in India, laying the foundation for subsequent constitutional developments.
  • Pitt's India Act was introduced in 1784 by William Pitt the Younger , who was then the Prime Minister of Great Britain.
  • The Act divided the functions of the East India Company into commercial and political spheres. Commercial Political The Court of Directors of the Company was allowed to manage and report on the commercial functions. A new institution called the Board of Control was created to manage and control the civil, military, and revenue affairs of the Company's territories in India.
  • The Company's territories were officially referred to as "British Possessions in India" for the first time. 4. Act of 1786
  • Lord Cornwallis came to India as Governor-General.
  • He was appointed under two special conditions: o He had the power to override the decisions of the Executive Council in special cases. o He was also the Commander-in-Chief of the Company's forces.
  • His authority included a veto power , which allowed him to overrule the collective decisions of the Council when necessary. 5. Charter Act, 1793
  • The overriding powers of the Governor-General were extended to all future Governor-Generals and Governors of Provinces.
  • The Commander-in-Chief was not to be part of the Executive Council unless specifically appointed.
  • The Governor-General of Bengal was made more powerful than the Governors of other provinces such as Bombay and Madras.
  • The trade monopoly of the East India Company was extended for another 20 years.
  • The Board of Control and its staff were to be paid from Indian revenues. 6. Charter Act, 1813
  • The trade monopoly of the East India Company was abolished, except in the case of tea and trade with China.
  • Christian missionaries were allowed to enter India for the first time.
  • The Act introduced the idea of Western education for the inhabitants of British provinces in India.
  • Local governments were authorized to collect taxes and were empowered to punish individuals for non-payment.
  • The sovereignty of the British Crown was once again asserted over the East India Company's territories. 7. Charter Act, 1833
  • The Governor-General of Bengal was re-designated as the Governor-General of India.
  • The Governor-General of India was empowered to make laws for the whole of India, removing the legislative powers of Bombay and Madras.
  • Laws made before this Act were called Regulations, and laws made after this Act were called Acts.
  • The Act introduced the principle of open competition for selection and recruitment to the civil services under the East India Company, allowing Indians to hold any office or employment under the Company.
  • The Court of Directors strongly opposed the introduction of open competition.
  • The East India Company was made purely an administrative body, and its commercial functions were completely abolished.
  • The territories of the East India Company were declared to be held in trust for His Majesty, his heirs, and his successors. 8. Charter Act, 1853
  • The Governor-General of India's Council had two main functions: o Executive: It Consisted of the Governor-General plus four members (1 + 4). o Legislative: It consisted of Six new legislative councillors who were added.
  • Together, the Executive (1 + 4) and the Legislative (6) formed the Indian Central Legislative Council.
  • Therefore, the British introduced three important Acts that tried to associate Indians with the administration and give them a role in governance. 10. Indian Council Act, 1861
  • After 1858, the British began to reverse the earlier policy of centralization.
  • Provinces like Bombay and Madras were now allowed to make laws for their own regions.
  • Indians were slowly invited to join the Viceroy's expanded Legislative Council , but only as non-official members. For example: Raja of Benaras, Maharaja of Patiala, Sir Dinkar Rao were nominated by Lord Canning in 1862.
  • In 1859, Lord Canning introduced the Portfolio System , where each member of the council was put in charge of a department.
  • Under this system, the member could take independent decisions for their department, just like a minister.
  • The Indian Councils Act of 1861 formally recognized this Portfolio System and gave the Viceroy the power to issue orders for the smooth functioning of the council.
  • The Viceroy was given the special power to issue ordinances during emergencies without consulting his Legislative Council.
  • Each ordinance issued by the Viceroy had a validity of six months.
  • New Legislative Councils were also established in provinces such as North-Western Provinces, Bengal, and Punjab to expand law-making at the regional level. 11. Indian Council Act, 1892
  • The Indian Councils Act of 1892 increased the number of non-official members in both the Central and Provincial Legislative Councils.
  • The Legislative Councils were given more functions: they could now discuss the budget and ask questions to the Executive.
  • Nomination for some non-official members in: Central Legislative Council Provincial Legislative Council
  • The nominations were made directly by the Viceroy.
  • The Viceroy also nominated members on the recommendation of :
  • In the provinces, non-official members were nominated by the Governors.
  • The Governors made nominations based on recommendations from:

o Provincial Legislative Councils o The Bengal Chamber of Commerce. o District Boards o Municipalities o Trade bodies/associations o Universities o Zamindars.

  • The Indian Councils Act of 1892 gave Indians limited and indirect representation in legislative councils through nominations recommended by local bodies, not by direct elections.
  • The Indian Councils Act of 1892 gave only a very limited scope for Indians to raise their problems in the councils.
  • Because of this, the Indian population remained dissatisfied and displeased with British rule.
  • The Indian National Congress (INC) , which had been formed in 1885, began to question British policies and tactics more strongly.
  • In response to this growing criticism, the British Government planned new reforms to address Indian demands. 12. Indian Councils Act, 1909
  • The Indian Councils Act of 1909 enlarged the size of the Legislative Councils. o In the Central Legislative Council , the number of members increased from 16 to 60 , though the majority were still officials. o In the Provincial Legislative Councils , there was no uniform rule, but in most provinces the majority were non-official members.
  • For the first time, Indians were allowed entry into the Executive Councils of the Viceroy and Governors. o Satyendra Prasanna Sinha (SP Sinha) became the first Indian to join the Viceroy's Executive Council.
  • The Act introduced Separate Electorates for Muslims , meaning Muslims would elect their own representatives. o This provision legally recognized communal representation in Indian politics.
  • The Act also introduced separate representation for certain groups and institutions. o These included the Presidency Corporations , the Chambers of Commerce , the Universities , and the Zamindars.
  • The Government of India Act of 1919 extended separate electorates to communities such as Sikhs, Christians, Anglo-Indians, and Europeans.
  • The Act created the office of the High Commissioner for India in London to represent Indian interests in Britain.
  • It also established the Central Public Service Commission (CPSC) , which was formally set up in 1926.
  • The Act inaugurated the Chamber of Princes in 1921 , consisting of 120 members — 108 princes of states and 12 representatives from other states.
  • The Chamber of Princes was headed by the Viceroy , and its purpose was to discuss and consult with the princely states on matters of common importance.
  • The Government of India Act of 1919 also provided that a statutory commission would be formed after ten years to inquire into the working of this Act and the condition of India under it. ➢ Simon Commission (Nov 1927)
  • The Simon Commission was sent by the British government in November 1927, two years before the scheduled review of the Government of India Act, 1919.
  • The Commission consisted of seven members, all of whom were British, with no Indian representation.
  • Indian political parties and leaders boycotted the Commission, giving rise to the slogan "Simon Go Back."
  • The Commission submitted its report in 1930, recommending: o The abolition of Dyarchy in provinces. o It also suggested the extension of responsible government in provinces. o Another recommendation was the creation of an All-India Federation including both British India and the princely states. o Recommended the separate electorate continuation.
  • To study and discuss the recommendations of the Simon Commission, the British government convened three Round Table Conferences.
  • After the three Round Table Conferences, a White Paper on Constitutional Reforms for India was presented before the Joint Select Committee of the British Parliament.
  • The Joint Select Committee examined the White Paper and gave its recommendations.
  • These recommendations were incorporated into the Government of India Act of

➢ Communal Awards (1932)

  • In 1932, British Prime Minister Ramsay MacDonald announced the Communal Award, which introduced separate electorates for minorities such as Muslims, Sikhs, Anglo-Indians, Christians, Europeans, and the Depressed Classes.
  • Mahatma Gandhi strongly opposed separate electorates for the Depressed Classes and began a fast unto death in Yerwada Jail.
  • To resolve the crisis, Congress leaders and Dr. B.R. Ambedkar reached an agreement known as the Poona Pact.
  • Under the Poona Pact, the Hindu joint electorate was retained, but seats were reserved for the Depressed Classes within it.
  • The British government accepted the Poona Pact and modified the Communal Award accordingly and brought out the Government of India Act, 1935. 14. Government of India Act, 1935
  • The Government of India Act, 1935 was the largest and most comprehensive statute passed for India, containing 321 sections and 10 schedules.
  • It proposed the creation of an All-India Federation consisting of British provinces and princely states.
  • Powers were divided between the Centre and Provinces through three lists: o the Federal List (defence, railways, currency), o the Provincial List (land, agriculture), and o the Concurrent List.
  • Residuary powers were vested in the Viceroy or Governor-General , ensuring continued British control. Provinces Center Dyarchy was abolished, meaning that all subjects were now transferred to ministers responsible to the provincial legislative councils. Dyarchy was introduced, but it failed to function effectively and was never implemented in practice. Governors were required to act on the advice of ministers who were accountable to the elected provincial legislatures.
  • On 3rd June 1947 , the British government declared that any decision made by the Constituent Assembly of India would apply only to those parts of the country willing to accept it.
  • On 3rd June 1947 , the Mountbatten Plan was announced, proposing the division of India into two dominions—India and Pakistan.
  • The plan was accepted by all major stakeholders, including the Indian National Congress, the Muslim League, and others.
  • The plan was given immediate effect, and the British Parliament passed the Indian Independence Act, 1947. 15. Indian Independence Act, 1947
  • The Indian Independence Act of 1947 formally ended British rule in India and declared India an independent state from 15th August 1947. o It abolished British paramountcy over the princely states, giving them the option to join either India or Pakistan. o The Act ended treaty relations with tribal areas from 15th August 1947. o It removed the right of the British Crown to veto any bill passed by the Indian legislature. o The office of the Viceroy was abolished, and the functions of the Secretary of State for India were transferred to the Secretary of State for Commonwealth Affairs. o The title "Emperor of India" was dropped from the royal titles of the King of England. o The Act also ended the Secretary of State for India's authority to appoint civil servants, transferring this responsibility to the new dominions.
  • The Indian Independence Act, 1947 provided for the partition of India into two dominions—India and Pakistan—both of which could choose to remain in or secede from the Commonwealth. o Each dominion was to have a Governor-General appointed by the British Crown, but only on the advice of the dominion's cabinet. o The constituent assemblies of both dominions were empowered to legislate for their territories, frame their own constitutions, and repeal any British law, including the Independence Act itself.

o Until new constitutions were framed, the constituent assemblies would function as temporary parliaments for their respective dominions. o The Act declared that no British law passed after 15th August 1947 would apply to either dominion, marking complete legislative sovereignty (unless extended to by the legislature of that dominion). o The Governor-General retained the right to veto bills and had full authority to assent to any bill on behalf of His Majesty. o Both the Governor-General and the Provincial Governors were designated as constitutional heads, required to act only on the advice of their respective councils of ministers. o The princely states were given the freedom to join either of the two dominions —India or Pakistan—or remain independent and negotiate separate treaties with the British government.

  • So, the constituent assembly was a body which was partly elected and partly nominated.
  • The Constituent Assembly of India was designed to represent all sections of society. Its membership included Hindus, Muslims, Sikhs, Anglo-Indians, Indian Christians, and Parsis. The Depressed Classes were also represented, ensuring inclusivity in constitution-making. Working of the Constituent Assembly
  • The Constituent Assembly held its first meeting on 9th December 1946.
  • Dr. Sachidanand Sinha was elected as the temporary president , following the French practice of appointing the eldest member.
  • Soon after, Dr. Rajendra Prasad was elected as the permanent president of the Assembly.
  • H.C. Mukherjee was chosen as the Vice-President.
  • V.T. Krishnamachari was also elected as the second Vice-President of the Constituent Assembly , ensuring balanced leadership.
  • On 13th December 1946 , Jawaharlal Nehru introduced the Objective Resolution , laying down the guiding principles of the future Constitution.
  • On 22nd January 1947 , the Constituent Assembly unanimously passed the Objective Resolution, giving it legitimacy as the foundation of India's Constitution.
  • The Cabinet Mission Plan provided the framework within which the Constituent Assembly was to be formed and function.
  • Under this plan, the Experts Committee prepared drafts and recommendations on key issues such as the status of princely states , the amending power of the Assembly , and the draft of the Objective Resolution. What was in the Objective Resolution?
  • The Constituent Assembly firmly resolved to make India a sovereign republic , free to frame any constitution it desired for future governance.
  • India was declared to be a sovereign, independent union , comprising: o British Provinces o Territories of princely states o Any other territories willing to join India
  • The Resolution emphasized that the people of India are the source of all power and authority for the government and its institutions.
  • It laid down the fundamental principles and philosophy that would guide the drafting of the Constitution.
  • The people of India were to be granted, subject to law and order, o justice—social, economic, and political. o They were promised equality of status and opportunity , as well as equality before the law. o They were assured freedom of thought, expression, belief, faith, worship, vocation, association, and action.
  • Adequate safeguards were to be provided for minorities, backward and tribal areas, depressed classes, and other backward classes. Who will make our Constitution?
  • In 1934 , M.N. Roy, a communist leader, first put forward the demand for a Constituent Assembly in India.
  • In 1935 , the Indian National Congress officially adopted this demand, making it part of its political agenda.
  • In 1938 , Jawaharlal Nehru declared on behalf of the Congress that the Constitution of India would be made by a Constituent Assembly elected by Indians themselves.
  • In 1939 , the Congress passed a resolution reiterating its commitment to the idea of a Constituent Assembly.
  • In 1940 , the British government announced the August Offer , which accepted the demand for Indians to frame their own constitution after the war.
  • In 1942 , Sir Stafford Cripps proposed that after World War II, India would be allowed to frame an independent constitution, but the Muslim League rejected the proposal.
  • In 1946 , a Cabinet Mission consisting of A.V. Alexander, Pethick Lawrence, and Stafford Cripps came to India and proposed independence along with a plan for partition. The Cabinet Mission Plan was accepted as the framework for India's transition to independence, though disagreements between the Congress and Muslim League later led to partition. Formation of Constituent Assembly
  • In July-August 1946 , elections were held to form the Constituent Assembly of India, with members both elected and nominated.
  • The Indian National Congress secured 208 seats, while the Muslim League won 73 seats.
  • The princely states were allotted 93 seats, but most of them did not initially join the Assembly.
  • Other groups and smaller parties together held 15 seats.
  • The total strength of the Constituent Assembly was 389 members, of which 292 came from British India (including Governor's Provinces and Chief Commissioners' Provinces) and 93 from princely states.
  • Members of the Constituent Assembly were elected by the members of the Provincial Legislative Assemblies.
  • The election followed the system of Proportional Representation through the Single Transferable Vote , ensuring fair representation.
  • Seats in the Assembly were distributed in proportion to India's population at that time, with roughly one seat per one million people.