Historical Evolution of the Indian Constitution

1. EARLY LEGISLATIVE FRAMEWORKS

Regulating Act of 1773: This Act marked the beginning of parliamentary control over the East India Company, establishing a Governor-General in Bengal and creating a Supreme Court in Calcutta.
Pitt’s India Act of 1784: Introduced a dual system of control by setting up a Board of Control in Britain to oversee the Company’s affairs in India, enhancing governmental oversight.
Charter Act of 1833: Centralized administration by designating the Governor-General of Bengal as the Governor-General of India, marking a significant step towards a unitary form of government.
Charter Act of 1853: Introduced an open competition system for civil services and separated the legislative and executive functions of the Governor-General’s council.

Government of India Act 1858: In response to the Revolt of 1857, this Act transferred control from the East India Company to the British Crown, establishing the office of the Secretary of State for India.
Indian Councils Act 1861: Allowed for the inclusion of Indian members in legislative councils, introducing a limited degree of representation.
Indian Councils Act 1892: Expanded the functions of legislative councils and increased the number of additional members, allowing for greater Indian participation.
Indian Councils Act 1909 (Morley-Minto Reforms): Introduced separate electorates for Muslims, a move that institutionalized communal representation in Indian politics.

Government of India Act 1919 (Montagu-Chelmsford Reforms): Established a dyarchical system, dividing subjects into ‘transferred’ and ‘reserved’ categories, with the former under Indian ministers and the latter under British officials.
Simon Commission (1927): Aimed to assess the functioning of the constitutional system in India but faced widespread opposition due to the absence of Indian members.
Government of India Act 1935: Proposed an all-India federation and introduced provincial autonomy, though the federal provisions were never implemented.

Formation of the Constituent Assembly (1946): Comprised representatives from various political backgrounds, tasked with drafting the Constitution of independent India.
Drafting Committee: Chaired by Dr. B.R. Ambedkar, this committee was instrumental in formulating the draft Constitution, drawing from various global constitutions to suit India’s unique needs.
Adoption of the Constitution (26th November 1949): The Constituent Assembly adopted the Constitution, which came into effect on 26th January 1950, establishing India as a sovereign, socialist, secular, and democratic republic.

Federal Structure with Unitary Bias: The Constitution establishes a federal system with a strong central authority, allowing for unitary features during emergencies.
Fundamental Rights and Duties: Inspired by the U.S. Bill of Rights, Part III of the Constitution guarantees fundamental rights, while Part IV-A outlines fundamental duties for citizens.
Directive Principles of State Policy: Drawn from the Irish Constitution, these principles guide the state in formulating policies aimed at social and economic welfare.
Parliamentary System: Adopted from the British model, establishing a bicameral legislature with the Lok Sabha and Rajya Sabha.

Kesavananda Bharati v. State of Kerala (1973): This case established the ‘Basic Structure’ doctrine, asserting that while Parliament can amend the Constitution, it cannot alter its fundamental framework.
Minerva Mills Ltd. v. Union of India (1980): Reaffirmed the Basic Structure doctrine, emphasizing the balance between fundamental rights and directive principles.
S.R. Bommai v. Union of India (1994): Clarified the scope of Article 356 regarding the imposition of President’s Rule, emphasizing that secularism is a basic feature of the Constitution.

Doctrine of Basic Structure: Asserts that certain fundamental features of the Constitution cannot be altered by amendments, ensuring the preservation of its core principles.
Rule of Law: Establishes that all individuals and institutions are subject to and accountable under the law, ensuring equality before the law.
Separation of Powers: Divides the functions of government among the legislative, executive, and judicial branches to prevent the concentration of power.