The constitutional development of India from 1919 to 1947 was a critical phase in the country’s journey towards independence. This period was marked by a series of constitutional reforms introduced by the British government to gradually include Indians in the governance process, amidst growing nationalist demands for self-rule. The evolution was influenced by various political movements, international pressures, and changing imperial strategies.
1. The Government of India Act, 1919 (Montagu-Chelmsford Reforms)
The constitutional journey in this period began with the Government of India Act, 1919, based on the Montagu-Chelmsford Report. Edwin Montagu, the Secretary of State for India, had promised "increasing association of Indians in every branch of the administration" and the "gradual development of self-governing institutions."
The Act introduced dyarchy in the provinces, a dual system of governance where subjects were divided into ‘reserved’ and ‘transferred’ categories. The reserved subjects like law and order remained with British officials, while transferred subjects like education and health were handed over to Indian ministers accountable to the legislature. However, this system was flawed as real power remained with the British, causing dissatisfaction among Indian leaders.
The Act also expanded the legislative councils at the central and provincial levels and introduced limited franchise based on property, tax, or education qualifications, allowing only about 10% of the population to vote.
2. Nehru Report and the Simon Commission (1927–1930)
In 1927, the British government appointed the Simon Commission to review the 1919 Act. The Commission faced strong opposition as it had no Indian members, leading to widespread protests and the famous slogan “Simon Go Back.”
In response, Indian political leaders prepared the Nehru Report (1928) under the leadership of Motilal Nehru. It was the first Indian effort to draft a constitution. It proposed dominion status, fundamental rights, a federal structure, and adult suffrage. However, the report failed to gain full consensus, especially from the Muslim League, due to disagreements over minority rights.
3. Civil Disobedience Movement and Round Table Conferences (1930–1932)
Following the failure of the Simon Commission, the Civil Disobedience Movement began in 1930 under Mahatma Gandhi’s leadership. This was accompanied by the Round Table Conferences in London (1930–32), where British and Indian leaders discussed constitutional reforms.
While the first conference failed due to absence of key Indian leaders, the Second Round Table Conference (1931) saw Gandhi participate as the Congress representative. However, no agreement was reached. The Communal Award by Ramsay MacDonald in 1932, which provided separate electorates to minorities including the Dalits, was heavily criticized by Congress, though it was partly accepted after the Poona Pact between Gandhi and Dr. B.R. Ambedkar.
4. Government of India Act, 1935
The most significant constitutional development in this period was the Government of India Act, 1935. It was the most comprehensive constitutional document prepared by the British for India.
Key features:
- It proposed an All-India Federation including provinces and princely states (though the federation never materialized).
- It abolished dyarchy at the provincial level and introduced provincial autonomy, giving elected Indian ministers full control over provincial subjects.
- It introduced bicameral legislatures in some provinces and further extended the franchise.
- At the central level, dyarchy was reintroduced, but the central government remained under British control.
Despite its shortcomings, the 1935 Act served as the framework for provincial governance until 1947.
5. Cripps Mission and Cabinet Mission (1942–1946)
During World War II, British priorities shifted. In 1942, the Cripps Mission proposed dominion status and the right of provinces to opt out, but it was rejected by the Congress as it did not guarantee full independence.
Later, the Cabinet Mission Plan (1946) offered a three-tier federal structure and proposed the formation of a Constituent Assembly to draft the Indian Constitution. While initially accepted by both Congress and the Muslim League, disagreements over the grouping of provinces led to the League’s demand for a separate nation, Pakistan.
6. Indian Independence Act, 1947
The final phase of constitutional development culminated in the Indian Independence Act of 1947, passed by the British Parliament. It:
- Ended British rule in India.
- Partitioned India into two dominions—India and Pakistan.
- Provided for each dominion to have its own constituent assembly to frame its constitution.
With this, India became an independent nation on 15th August 1947, and the process of framing the Constitution of India formally began under the Constituent Assembly set up in 1946.
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