CONSTITUTIONAL DEVELOPMENT AND NATIONAL MOVEMENT OF INDIA

CONSTITUTIONAL DEVELOPMENT AND NATIONAL MOVEMENT OF INDIA [Freedom Movement, Acts and Indian Constitution] (For Students of B.A., B.A. (Hons.), and for Competitive Examinations like IAS, P.C.S. etc.) R.C. AGARWAL M.A. (Pol. Science & Hist.) LL.B, H.E.S.(I) Principal (Retd.) Government College NARAINGARH Revised by Dr. MAHESH BHATNAGAR S. CHAND AN ISO 9001: 2000 COMPANY 2005 S. CHAND & COMPANY LTD. RAM NAGAR, NEW DELHI-110055

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PREFACE TO THE THIRTEENTH REVISED EDITION The present edition of the book has been extensively revised with the addition of new chapters and incorporation of up-to-date changes and developments that have taken place in the constitutional development. Multiple choice questions have been added at the end of each chapter in order to make the book more useful for those who are appearing in different competitive examinations. We hope that the book in its new format with all the improvements will enhance its utility. Suggestions for improvements are welcome. Dr. MAHESH BHATNAGAR PREFACE TO THE FIRST EDITION This book consists of three parts clearly. While the Charter Acts have been again included by many universities, the author had little option but to include them. Therefore these Charter Acts have been given in Part I, which had been excluded by the author formerly. Part II includes Constitutional Development and National Movement. In this part, I have tried to show the march of British imperialism and the resistance by the Indians. Before Warren Hastings arrived, there was a severe famine in Bengal in 1970. Therefore, Swami Shivanand made a heroic struggle against the British rule. It has been mentioned in Ushakal by Hari Narain Apte and Shri Bankim Chandra Chatterji s very famous book Anand Matha. It goes to the credit of Tipu Sultan that he resisted the attempts of the British imperialists tooth and nail. Had the Marathas or Nizam of Hyderabad sided with him, he would have won. While the Nizam of Hyderabad (Deccan) was a friend of the British, the Marathas led by Nana Hananis waited for the outcome, so Tipu Sultan was alone in resisting the British imperialists. The British imperialists defeated Tipu Sultan. The Marathas resisted the British imperialists tooth and nail very heroically but they were defeated ultimately by the British. Last resistance was offered by the Sikhs after the death of Maharaja Ranjit Singh in 1845. Though the command was divided, yet the Sikhs offered gallant resistance. By 1849 the British had conquered the whole of India. While the Marathas had fought four wars to resist the British imperialists, the Sikhs fought two wars to resist the British imperialists. Then there was the Ist War of Independence in 1857. The war was fought violently under the leadership of Bahadurshah Zafar. Though he was already 85, yet he assumed the command when the soldiers from Meerut insisted. But after sometime the Ist War of Independence met its doom. The birth of the Indian National Congress in 1885 at first was welcomed by the Viceroy but with the passage of Russian menace, did not welcome it. The third President of the Indian National Congress was Badruddin Tayybji. He invited Sir Sayyad Ahmad Khan to join the Indian National Congress but he declined the invitation. Then Shri Lokmanya Bal Gangadhar Tilak clamoured for Swadeshi. He began the festival of Shivaji, the harbinger of Swaraj and the Ganesh festival. He used both the festivals to bring political conciousness or awakening among the masses. He often use to say, If Swaraj was possible in the time of Shivaji, why not now? Therefore he gave the famous slogan of Swaraj to the people. He often said, Swaraj is our birth-right and we will have it.

(iv) It must be noted that Lokmanya Tilak was pro-hindu but not anti-muslim because he brought about Lucknow pact between the Muslim League and the Congress in 1916. Jinnah served him in one case against the British as early as in 1908. Maulana Abul Kalam Azad, Mohd. Ali and Shaukat Ali, the leading Muslim leaders of their time were convinced about the bonafide of Lokmanya Tilak. It goes to the credit of Gandhiji that he combined the methods of Tilak and Gokhale both. Alas! Tilak died a pre-mature death on Ist August, 1920. Had he lived, he would have supported the Nonco-operation Movement of Gandhiji but Mohd. Ali and Shaukat Ali supported Gandhiji in his objective and toured the whole country in order to arouse the masses from their political slumber as hinted by Tilak to Gandhiji during his illness before his death. Gandhiji started the Civil Disobedience Movement in 1930 and Quit India Movement in 1942. He won the Swaraj in 1947. I have given in the 1st Appendix that Gandhiji had to agree to the partition of the country because Jawaharlal Nehru and Sardar Vallabh Bhai Patel supported it. When Khan Abdul Ghaffar Khan objected to it, Mahatma Gandhi hinted that both Nehru and Patel supported it. He said in the meeting of the Congress Working Committee that both Nehru and Patel were tried leaders and if the Congress Working Committee does not support them, they will have to change the leaders. So only Maulana Azad, Khan Abdul Ghaffar Khan and Purshottam Tandon voted against the partition, others supported it. So the resolution was carried by majority. In the IInd Appendix, I have explained that Gandhiji undertook the fast for a cause. Indira Gandhi used to say that Satyagrah and Non-violence are as ancient in this country as the hills but before him, these two were being used for religious purposes. It goes to the credit of Gandhiji that he converted Non-violence into a political weapon because Gandhiji, Nehru and Patel were convinced that India could get independence only by non-violent means. So was convinced Khan Abdul Ghaffar Khan who converted the Pathans into non-violence and started their Khudai Khidmatgar movement. I am deeply indebted to the eminent authors whose work I had the privilege to quote. I am also grateful to Mr. Mukesh Kumar who has typed the sheets without delay. In the end I am grateful to the publishers, proof-reader and the press for bringing out the book as early as possible without mistakes. If any reader gives some useful suggestions for improving the ook further, I assure him that these would be incorporated in the next edition. Arun Bhawan New Railway Road (Opposite Union Bank of India) Gurgaon-122001 (Haryana) R.C. Agarwal Principal (Retd.)

Chapters CONTENTS PART I CONSTITUTIONAL DEVELOPMENT OF INDIA Pages 1. REGULATING ACT 1 12 Circumstances for the Enactment of the Act, The Preamble of the Act, Main Provisions of the Regulating Act, Merits of the Regulating Act, Defects of the Regulating Act, Importance or Significance of the Regulating Act. 2. PITT S INDIA ACT 13 18 Circumstances for the Enactment of Pitt s India Act, Main Provisions of Pitt s India Act, Impact of Pitt s India Act, Importance of Pitt s India Act. 3. CHARTER ACT OF 1793 19 21 Provisions of Act of 1793, Importance of Charter Act of 1793. 4. CHARTER ACT OF 1813 22 24 Main Provisions of Charter Act of 1813, Significance of the Charter Act of 1813. 5. CONSTITUTIONAL DEVELOPMENT UPTO 1853 25 28 Act of 1833, Main Provisions of the Act of 1833, Importance of the Act. 6. CHARTER ACT OF 1853 29 31 Main Provisions of the Act of 1853, Importance of the Act, Defects of the Act. PART II NATIONAL MOVEMENT (STRUGGLE FOR FREEDOM AGAINST FOREIGN RULE) 1. MARCH OF BRITISH IMPERIALISM (Toughest Resistance Offered by the Indians) 35-48 Portuguese reach India, Coming of the other European Traders to India, Changes in the policy of the English Company, Conflict amongst European Traders to Monopolise Indian Trade, Conquest of Bengal by Britishers by Treacherous Means: Era of Imperialism starts; Battle of Plassey; Battle of Buxar; Double Government or the Dual System in Bengal; Consequences of the Dual System; Exploitation by Warren Hastings; British Imperialism Marches Ahead: Strongest Resistance by Tipu Sultan and the Marathas, Fall of Tipu Sultan; the Leading power of Deccan, Views of Karl Marx about the fall of Mysore, The death of Nana Phadnavis, Second and Third Maratha Wars to keep away the British influence and Control, Fourth Maratha War, Most Disastrous effects of the defeat of the Marathas for the whole of India, Final Conquest of India by the British Imperialist Tough Resistance by the Sikhs, Ranjit Singh establishes a mightly Sikh Empire which ultimately checked the British Imperialists, First heroic battle of the people of the Punjab against the Imperialists, Sikhs rally again for the Liberation of the Punjab and expulsion of Imperialists (Second Sikh War, 1849), Annexation of the Punjab marks the completion of the conquest of India by Imperialists and enslavement of the whole of India, The Annexation of the Punjab was wholly unjust and uncalled for.

(vi) 2. DISASTROUS EFFECTS OF BRITISH IMPERIALISM 49 61 (Armed uprisings against it before 1857) Political impact of the Colonial Rule, Economic impact of the Colonial Rule (Disastrous Consequences), Social and Religious impact of Colonial Rule, Disaffection and Discontent against the Foreign Rule and uprisings against it (During Company Rule), Gravest Discontent against the Imperialist exploitation unleashes mighty forces of Nationalism. 3. FIRST ARMED STRUGGLE FOR FREEDOM, 1857 AND ACT OF 1858 62 81 Causes or circumstances leading to the First Indian Armed Struggle for independence (Political, Social and Religious causes, Economic causes, Military causes, Administrative causes), Armed struggle for freedom in Meerut, Siege of Delhi by Britishers, Haryana, Punjab, Jhansi, Oudh and Bihar, Part played by the South India, Causes of the failure of First Great Armed Struggle for Freedom, Atrocities, Nature of the Movement of 1857 (Planning and Object; Consequences of the Movement of 1857), The Act of 1858, Proclaimation of Queen Victoria. 4. ACT OF 1861 82 86 Beginning of the Policy of Association (circumstances leading to the Act of 1861); Main provisions of the Act; Importance of the Act, Criticism of the Act or Drawbacks of the Act. 5 RISE OF NATIONALISM IN INDIA 87 96 Causes of the Birth and Rapid Growth of Nationalism in 19th century. 6. BIRTH OF INDIAN NATIONAL CONGRESS AND NATIONAL MOVEMENT 97 105 Birth of Indian National Congress, Objects of Indian National Congress, Reaction of Indians to the founding of Indian National Congress, Reaction of the Government, Character of the Congress, Phases of National Movement in India : Phase of Moderate Nationalists (1885-1905); Phase of Extremist Nationalists (1905-1919). 7. THE INDIAN COUNCIL ACT OF 1892 106 111 Circumstances leading to the Act, Main provisions of the Act of 1892, Importance of the Act of 1892, Criticism of the Act of 1892. 8. MODERATE AND EXTREMIST PROGRAMME OF CONGRESS 112 127 Constitutional Movement or Movement of Moderates (1885-1907), Principles of Moderates, Achievements of Moderates, Birth of Extremist Movement, Differences between Extremists and Moderates, Causes of the birth of Extremist Movement, Importance of Swadeshi Movement. 9. REVOLUTIONARY MOVEMENT IN INDIA AND ABROAD 128 155 Causes of the birth of Revolutionary Movement, Aim of the Revolutionary Movement, Freedom Movement of the Namdhari Sikhs or the Kookas in the Punjab, Freedom Movement of Chapekar Bandhu in Maharashtra and Sri Shyamji Krishna Verma in Europe, Vinayak Damodar Savarkar s Freedom Struggle in India and London, Sardar Singh Rana and Madame Cama s Revolutionary Activities in Europe, Revolutionary Movement in Bengal, Alipur Conspiracy Case; Bomb thrown on Lord Hardinge by Rash Behari Bose, Delhi Conspiracy Case, Revolutionary Activities During First Great War, Indian Freedom Movement in Foreign Countries Komagata Maru and Gadar Party, Revolutionary Movement of Ram Prasad Bismil; Ashfaq Ullah Khan and Others (Kakori Case), Great Revolutionary Movement of Sardar Bhagat Singh, Trial and Conviction of Sardar Bhagat Singh and

(vii) Others; Revolutionary Movement of Chandra Shekhar Azad; Bhagwati Charan Bohra and Yashpal, Subhas Chandra Bose and Azad Hind Fauj, Mutiny in the Navy and Air Force; 1946 (The last death-blow to the imperial rule), Review and Evaluation of Armed Struggle for Freedom. 10. RISE AND GROWTH OF COMMUNALISM 156 164 Wahabi Movement, Fundamentalist Muslims; Demand for Communal Representation, Communal Movement of the Muslim League. 11. MORLEY-MINTO REFORMS (Act of 1909) 165 176 Circumstances leading to the Act of 1909, Main Provisions of the Indian Councils Act of 1909, Criticism of Morley-Minto Reforms, Importance and Utility of Morley- Minto Reforms; Causes of the failure of Morley-Minto Reforms. 12. THE IMPACT OF FIRST WORLD WAR AND THE HOME RULE MOVEMENT 177 188 Impact of the First World War, Home Rule Movement, Lucknow Pact and the Congress-Muslim League Scheme; 1916, Mesopotamian Muddle, Montague s Declaration; August 20, 1917. 13. GOVERNMENT OF INDIA ACT, 1919 189 201 Circumstances leading to the Act of 1919, Main Provisions of the Act of 1919, Some other features of the Act of 1919, Defects of the Act, Importance of the Act. 14. NATURE AND WORKING OF DYARCHY IN THE PROVINCES 202 209 Internal causes of the failure of Dyarchy, External circumstances responsible for the failure of Dyarchy. 15. NON-CO-OPERATION MOVEMENT AND SWARAJ PARTY 210 225 New Era and Gandhiji s entry, Mahatma Gandhi as a co-operator, Rowlatt Act and Jallianwala Bagh Massacre, Khilafat Question, Gandhi as a non-co-operator, Nonco-operation Movement, Circumstances favouring the Non-co-operation Movement, Achievement or contribution of Movement to the National Struggle, Swaraj Party. 16. CIVIL DISOBEDIENCE MOVEMENT 226 245 Communal Problem, Simon Commission, Nehru Report, Jinnah s Fourteen Points to counter-act Nehru Report, Labour Government in England; Lord Irwin's Proclamation; 31st October; 1929, Civil Disobedience Movement (1930-31); First Round Table Conference, Gandhi-lrwin Pact, Second Round Table Conference, Resumption of Civil Disobedience Movement (1932-34), Communal Award of Ramsay McDonald and Poona Pact,Third Round Table Conference,1932. 17. SOCIALIST AND COMMUNIST TRENDS IN NATIONAL MOVEMENT 246 254 Impact of the Russian Revolution, Establishment of the Communist Party of India, Emergence of Socialist group within the Congress, Achievement of the Socialist Forum, Meerut Conspiracy Case: Communist leaders sentenced, Subhas Bose and Socialism; Clash with Gandhiji. 18. CENTRAL GOVERNMENT (Act of 1935) 255 270 Salient features of the Acts of 1935, Criticism of the Government of India Act; 1935, Proposed All India Federation, Safeguards and Reservations, Home Government, Federal Executive, Critical Estimate of the position of the Governor-General, Proposed Federal Legislature, Powers of the Federal Legislature, Federal Court.

(viii) 19. PROVINCIAL GOVERNMENTS (Act of 1935) 271 281 Provincial Autonomy, Restriction on the Autonomy of the Provinces, Governor, Council of Ministers, Provincial Legislature, Powers of the Provincial Legislature. 20. WORKING OF THE PROVINCIAL AUTONOMY 282 287 Brief Introduction of Provincial Autonomy, Working of the Provincial Autonomy (Role of the Governors in Congress Provinces), Alleged Congress persecution of Muslims in U.P., Part played by Governors in Non-Congress Provinces, Working of the Ministries, Part Played by Public Service, Achievements of the Ministers. 21. QUIT INDIA MOVEMENT AND DAWN OF INDEPENDENCE (Triumph of Nationalism over Imperialism; lmperialists Quit, Pakistan Established) 288 320 World War-II and Constitutional Deadlock, Offer of August 8; 1940, Individual Satyagraha; October 1940, The Cripps Mission, Causes of the failure of Cripps Mission, Analysis of Cripps Proposals, Quit India Movement of 1942 (Last Great Struggle of the Congress to oust the Imperialists), Character of the Movement, Importance of the Movement, Causes of the failure of 1942 Movement, Gandhiji's fast and Release from the Jail; Wavell Plan and Simla Conference (June, 1945), I.N.A. Trial; November; 1945, Broadcasts by Lord Wavell and Attlee, Naval Mutiny, Cabinet Mission Plan (16th May, 1946), Merits of the Cabinet Mission Plan, Demerits of the Cabinet Mission Plan, Direct Action by the Muslim League and establishment of the Interim Government, Circumstances leading to the Partition of the Country (Pakistan), Mountbatten Plan (3rd June,1947) Creation of Pakistan,Netaji s victory over 2nd World War could have averted Partition, Indian Independence Act;1947 (End of British Imperialism), The Dawn of Independence, Factors responsible for the Independence of the Country. 22. SOME PROMINENT LEADERS OF FREEDOM STRUGGLE 321 364 Allan Octavian Hume (1829-1912), Dadabhai Naoroji, Gopal Krishna Gokhale, Lokmanya Bal Gangadhar Tilak, Bipin Chandra Pal, Mrs. Annie Besant, Pandit Madan Mohan Malviya, Lala Lajpat Rai, Desh Bandhu Chittaranjan Das, Motilal Nehru, Sardar Vallabh Bhai Patel, Maulana Abul Kalam Azad; Political Ideas of Maulana Abul Kalam Azad, Estimate of Maulana Abul Kalam Azad, Mahatma Gandhi (1869-1948), Political Views of Mahatma Gandhi, Estimate of Mahatma Gandhi, Dr. Rajendra Prasad, Pt. Jawaharlal Nehru; Lal Bahadur Shastri; Khan Abdul Ghaffar Khan. APPENDIX I HEROIC STRUGGLE FOR FREEDOM IN ASSAM 365 370 Assam and First Indian War of Independence; 1857, Assam after 1857, Non-cooperation Movement, The Civil Disobedience Movement, Events after Civil Disobedience Movement, Quit India Movement and Assam, Achievement of Freedom. PART III MODERN INDIAN CONSTITUTION (GREATEST INSTRUMENTOF LEGAL POLITICAL SYSTEM) 1. FRAMING OF THE CONSTITUTION: LTS BASIC OBJECTIVES AND PHILOSOPHY 373 383 The framing of the New Constitution and the Problems faced by the Constituent Assembly, Objectives Resolution and Philosophy of the Constitution, Preamble and Philosophy of the Constitution.

(ix) 2. SOURCES OF THE CONSTITUTION 384 389 Drawn from different sources (Government of India Acts; British Parliamentary System; Impact of other Constitutions; Debates in the Constituent Assembly; Commentaries of the Critics; System of Judicial Review; Constitutional Amendments; Ordinances), Is the Constitution a Bag of Borrowing? 3. SALIENT FEATURES OF INDIA S NEW CONSTITUTION 390 399 Written and Enacted Constitution, It is the lengthiest Constitution in the World, It establishes a Parliamentary form of Government, It establishes a Federal Policy, A Unique Document Derived from Many Sources, Supplemented by various Amendments and Practically recast by Amendments, Fundamental Rights and Duties, Directive principle of State Policy, Secular State, The views of President Rafsanjani of Iran, It Strengthens Our National Unity, Universal Adult Franchise without Communal Representation, Integrated and Independent System of judiciary, Emergency Provisions, Provision for one Official Language for the Entire Country, Unique Blend of Rigidity and Flexibility. 4. NATURE OF THE FEDERAL SYSTEM 400 415 Federalism in India, Federal Features of the Indian Constitution, Non-Federal or Unitary Features of the Indian Constitution, Is India a True Federation? (Survival of the Indian Federation; Need for a strong Centre), Distinction between the U.S. and Indian Federations (comparison and contrast), Indian Federation Compared and Contrasted with the Canadian Federation. 5. FUNDAMENTAL RIGHTS AND DUTIES 416 441 Need and importance of Fundamental Rights, Fundamental Rights and their Actual Working: Decisions of Supreme Court, Criticism of Fundamental Rights, Restrictions upon Fundamental Rights, Parliament s right to amend Constitution Upheld; Fundamental Rights can be abridged but not Framework: Decision on Golak Nath Case reversed; Majority Decision by Supreme Court, Some other Constitutional Restrictions on Fundamental Rights, Erosion of Fundamental Rights during Internal Emergency, Janata Government Restores Fundamental Right, Primacy of Fundamental Rights Re-established, Fundamental Duties. 6. DIRECTIVE PRINCIPLES OF STATE POLICY (Positive Directions for State) 442 450 Meaning and Object of Directive Principles, Distinction between Directive Principles and Fundamental Rights, Classification of Directive Principles, New Directive Principles added by 42nd Amendment, Criticism of the Directive Principles; Importance and Utility of Directive Principles, Implementation of the Directive Principles. 7. THE UNION EXECUTIVE (The President) 451 472 Form of the Union Executive, Method of Election of the President, Various Presidents of India, Legislation Regarding Succession of the President, Other matters relating to the Election of the President, Qualifications for the office of the President, Tenure of the President, Powers of the President during Peace Time; Emergency Powers of the President, President s Rule in States and Union Territories, Criticism of the Emergency Powers of the President, Position of the Indian President, Comparison of Indian President with American President, The Vice- President of India, Indian Vice-President compared and contrasted with the Vice- President. of U.S.A.

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