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Constitutional Development

Part of the KPSC KAS study roadmap. General Studies topic histor-005 of General Studies.

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Constitutional Development

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Constitutional Development — Key Facts for KPSC KAS • Government of India Act 1919 (Montagu-Chelmsford Reforms): First constitutional development; dyarchy in provinces — transferred subjects (law, health, education) to elected Indian ministers; reserved subjects (police, revenue, irrigation) remained with Governor; Simon Commission (1927) — all-white commission; boycott by INC. • Government of India Act 1935: Largest Act; federal structure; provincial dyarchy (all subjects except reserved ones now with elected governments); All-India Federation (never implemented); dyarchy at center (Secretary of State controlled). • Indian Independence Act 1947: Ended British rule; created two dominions — India and Pakistan; Mountbatten as Viceroy; August 15, 1947 as date; partition provisions; Bengal and Punjab partition. • Constitution of India (1950): Became republic on January 26, 1950 (26 January chosen as Republic Day — anniversary of Purna Swaraj declaration of 1930); single constitution; parliamentary system; DPSP added. • Landmark Amendments: 1st Amendment (1951) — validated land reforms, added 9th Schedule; 42nd Amendment (1976) — added Socialist, Secular, Integrity; 44th Amendment (1978) — diluted 42nd Amendment, added articles 21A, 24A.

⚡ Exam tip: KPSC KAS frequently asks about dyarchy, Simon Commission, 1935 Act features, and constitutional amendments. Questions on evolution of federalism through amendments, Basic Structure Doctrine, and Article 356 limits are common.

🟡 Standard — Regular Study (2d–2mo)

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Constitutional Development — KPSC KAS Study Guide

Evolution of Constitutional Governance

Government of India Act 1919 — Montagu-Chelmsford Reforms

Background:

  • Montagu-Chelmsford Report (1918): Edwin Montagu (Secretary of State) and Lord Chelmsford (Viceroy) proposed reforms
  • Purpose: Satisfy Indian political aspirations while maintaining British control
  • November 1919: Act received Royal Assent

Key Features:

Dyarchy in Provinces:

  • Transferred subjects: Law, health, education, agriculture, local self-government — given to elected Indian ministers (controlled by elected legislature)
  • Reserved subjects: Police, justice, revenue, irrigation, press — kept with Governor (British)
  • Governor could act in his discretion on reserved subjects

Other Provisions:

  • Bicameral legislature at center: Imperial Legislative Council (lower) and Council of State (upper)
  • ** Provincial legislative councils**: Expanded — 70% elected (from 30% previously)
  • Women’s suffrage: Not granted; property qualifications remained
  • Public Services Commission: Established for recruitment

Simon Commission (1927):

  • All-white British commission to review 1919 Act; name after Sir John Simon
  • Boycott: INC, Muslim League, Hindu Mahasabha all opposed; no Indian members
  • Lahore Session 1927: INC resolved for complete independence; Nehru Report (1928) —demand for dominion status within year or complete independence

Criticism of 1919 Act:

  • Dyarchy created divided administration; no real transfer of power
  • Franchise very limited (property qualification); minorities not satisfied

Government of India Act 1935

Negotiations and Drafting:

  • White Paper on Constitutional Reform (1933): Basis for negotiations; published by British government
  • Joint Select Committee: Reviewed the white paper; Act drafted
  • Act received Royal Assent: August 1935

Key Features:

Federal Structure:

  • All-India Federation: Units — Governors’ Provinces (10), Princely States (562), Chief Commissioner’s Provinces (5); Never implemented due to princely states’ non-participation
  • Division of powers: Federal List, Provincial List, Concurrent List; Federal subjects: defense, external affairs, currency; Provincial subjects: law, police; Concurrent: marriage, contract

Provincial Autonomy:

  • Full responsible government in provinces — dyarchy abolished except for Governor’s reserved powers
  • Governor had special responsibility for: civil disobedience, Scheduled Castes, irrigation
  • Bicameral legislature: Provincial Legislative Assembly (lower), Council of State (upper) in some provinces

Weaknesses:

  • Section 87: Governor-General could override federal legislature on any matter in his discretion
  • Section 126: Could send messages to legislature; force attendance
  • Dyarchy at Center: Secretary of State for India (British) controlled India policy; required British in certain posts
  • Princely states: No elected representation; rulers appointed governors

Significance:

  • Provided the administrative and federal structure that the 1950 Constitution largely adopted
  • Provided limited responsible government — significant step toward self-government
  • Never fully implemented: Federal part never came into effect; outbreak of World War II intervened

Indian Independence Act 1947

Background:

  • Cabinet Mission Plan (1946): Proposed loose federation with grouping; rejected by Congress
  • Mountbatten Plan (June 1947): Lord Mountbatten as Viceroy; accelerated British departure; Congress and League accepted partition
  • Act passed by British Parliament: July 1947; received Royal Assent July 18, 1947

Key Features:

  • Two New Dominions: India and Pakistan (August 15, 1947)
  • Boundary Commission: Sir Cyril Radcliffe — drew partition lines in Punjab and Bengal
  • Princely States: 562 states asked to join either dominion; accession instruments signed
  • Executive authority: Governor-General (representative of British monarch) in each dominion
  • Legislatures: Existing legislative assemblies continued; some remained until new constitutions
  • Severance of British suzerainty: Complete break from British Crown; British monarch no longer head of state

Mountbatten as Governor-General:

  • Lord Louis Mountbatten became India’s first Governor-General (also Viceroy until independence)
  • Stayed until June 1948; replaced by Chakravarthi Rajagopalachari (C Rajagopalachari)

Constitutional Evolution Post-1950

Constitution (Application to Jammu and Kashmir) Order (1950):

  • Article 370: Special status for J&K; Union government’s powers limited to defense, foreign affairs, communication; other subjects required J&K consent
  • Abrogated by Presidential Order (August 2019) under 370th Amendment (5th Schedule via Presidential order, bypassing J&K Constituent Assembly)

Key Amendments:

  • 1st Amendment (1951): Added 9th Schedule (protected from judicial review); expanded freedom of speech limitations; included land reforms
  • 7th Amendment (1956): Created new states and union territories; reorganized states on linguistic basis (States Reorganisation Act 1956 — combined with this amendment)
  • 42nd Amendment (1976): Added Socialist, Secular, Integrity to Preamble; added 10th Schedule (anti-defection); made DPSP more justiciable (later reversed)
  • 44th Amendment (1978): Restored 42nd Amendment dilution; added Article 21A (right to education), 24A (right to work); changed 42nd Amendment provisions

Constitutional Development and Karnataka:

  • States Reorganization Act (1956): Created Mysore state (from Mysore + Kannada-speaking districts of Bombay Presidency and Madras Presidency); Karnataka as linguistic state
  • Mysore State (after 1973): Renamed Karnataka after 1973; unified Kannada-speaking regions

🔴 Extended — Deep Study (3mo+)

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Constitutional Development — Comprehensive KPSC KAS Notes

Federalism and Center-State Relations

Evolution of Federal Features

Indian Federalism — A Unique Model: India is a quasi-federal (federation with strong unitary bias) rather than a pure federation like the United States. This reflects:

  • British legacy of unitary governance
  • Requirements of national unity and integration
  • Historical necessity of keeping diverse nation together

Key Constitutional Provisions:

Division of Powers:

  • Union List: 100 items; defense, external affairs, railways, posts, atomic energy, foreign trade
  • State List: 61 items; police, public order, agriculture, forests, local government, public health
  • Concurrent List: 52 items; criminal law, marriage, contract, education, forests, environmental protection
  • Residual Powers: After 42nd Amendment, residual powers with Parliament

Financial Federalism:

  • Article 280 — Finance Commission: Award determines distribution of Union’s tax revenues to states
  • National Finance Commission (NFC): 7th NFC Award (2009); 9th NFC Award (2010) — based on population and revenue
  • CFC (Central Finance Commission): Additional central transfers

Fiscal Federalism:

  • Article 275 — Statutory Grants: Parliament may make grants to states requiring funds
  • Central Taxes: GST (Goods and Services Tax — 2017 Constitution Amendment) replaced many cascading indirect taxes; uniform market

GST Implementation:

  • 101st Amendment (2016): Inserted Article 246A — Concurrent power over GST
  • GST Council (Article 279A): 250th meeting now; recommends tax rates; all states represented; requires 3/4th majority (75%) to pass; represents cooperative federalism
  • GST Tax rates: 5%, 12%, 18%, 28% four slab structure; luxury goods, sin goods at 28%

Central-State Tensions

President’s Rule (Article 356):

  • Governor’s Report: Governor reports state machinery failure; President can issue Proclamation assuming state powers
  • Limitations (Bommai case — 1994):
    • Cannot dismiss elected governments for policy differences
    • Courts can review President’s satisfaction
    • Repeated dismissals erode federalism
    • Must be ratified by Parliament within 2 months

Examples of Article 356 misuse:

  • 1951: PEPSU (East Punjab) — first use
  • 1975 (Emergency): Many opposition-run states dismissed
  • 1990: J&K (Farooq Abdullah dismissed; Governor’s rule)
  • 2019: Maharashtra (President’s rule after no party formed government after elections)

Article 356 — Supreme Court Standards:

  • SR Bommai: Not a federal court; but a constitutional court; established guidelines for Article 356 use
  • State Legislature must be given opportunity to prove majority
  • Political differences not grounds for President’s Rule
  • Governor cannot use personal assessment to dismiss elected government

Sarkaria Commission and Subsequent Recommendations

Sarkaria Commission (1983-1988):

  • Commission to review center-state relations; Justice R. Sarkaria (former judge)
  • Key recommendations:
    • More states in planning commission
    • Use of Article 356 should be “extreme step”
    • Inter-state water disputes should be resolved faster Mostly unimplemented — center remained powerful

Punchhi Commission (2007-2010):

  • Commission on Centre-State Relations under Justice (retired) Madan Mohan Punchhi
  • Recommendations:
    • Article 263: Inter-state Council should be activated more
    • Article 356: Should require parliamentary approval within 30 days; governor’s role should be reduced
    • Article 356: Should only be invoked in genuine breakdown of law and order
    • Land boundary agreements: Commission recommended resolving boundary disputes with states
    • Governor appointments: Should reflect federalism principles

Land Revenue and Property Rights

Land Revenue Systems:

  • Zamindari System (Permanent Settlement): Bengal, Bihar, Orissa — Zamindars became landowners; 10/11th of revenue to government; created class of absentee landlords; ryots (farmers) became tenants
  • Ryotwari System: Madras Presidency, parts of Bombay — direct state-to-cultivator relationship; no Zamindars
  • Mahalwari System: Punjab, UP — village/community level revenue assessment

Land Reforms:

  • Abolition of Zamindari: 1st Amendment (1951) protected Zamindari abolition laws in 9th Schedule; 4th Amendment (1955) further protected; aimed at removing intermediaries
  • Ceiling on Landholdings: State laws fixing maximum land a family could hold; excess land to be distributed to landless
  • Results: Zamindari largely abolished; ceiling laws had limited impact due to exemptions and litigation

Forest Rights Act (2006):

  • Recognizes rights of forest-dwelling communities over forest land
  • Forest Rights: Land rights, forest produce rights, grazing rights
  • ** Gram Sabhas** can protect forests
  • Criticism: Some conservationists argue this leads to deforestation; Forest department opposition

Examination Strategy

KPSC KAS commonly asks:

  1. Analyse the evolution of federalism in India from 1919 to present
  2. Compare the 1919 Act and 1935 Act’s federal features
  3. Explain Article 356 and its limitations with landmark cases
  4. Discuss GST implementation and its impact on federalism
  5. Evaluate the role of Finance Commission in centre-state relations

Key distinctions:

  • Dyarchy (1919) vs Provincial Autonomy (1935 Act) vs Full State Autonomy (1950 Constitution)
  • Article 356 (President’s Rule) vs Article 365 (President’s satisfaction) vs Article 256 (obligation of states)
  • Union List vs State List vs Concurrent List — and which level has supremacy in conflicts
  • Finance Commission vs Planning Commission (now NITI Aayog) vs GST Council — different federal bodies

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