Historical background

Constitutional development

The British came to India in 1600 as traders, in the form of East India Company.
Charter granted by Queen Elizabeth - 1.
In 1765, the Company which till now had purely trading functions obtained the
“DIWANI” (rights over revenue and civil justice) of Bengal, Bihar and Orissa.
In 1858, in the wake of the “SEPOY MUTINY” the British Crown assumed direct
responsibility for the Government of INDIA.
1. The Company Rule (1773 – 1858)
2. The Crow Rule (1858 – 1947)

Regulating Act of 1773

 Britain PM- Lord north.

 Centralized administration.
 Governor of Bengal was made Governor General of Bengal (1st governor general
was Lord Warren Hastings).
 Governor of Bombay & Madras were made subordinate to Governor General of
Bengal. Provide for the Establishment of Supreme court at Calcutta (1774).
 The Charter Act of 1773 gave legitimacy to municipal corporations.
 1st Municipal corporation in India Chennai (Madras), 1687.
 Set up Court of directors.

Amending Act of 1781

 Known as act of settlement.

 Exempted the governor general & council from the jurisdiction of Supreme Court.
 Supreme court to administer the personal law.
  Governor general of Bengal could be taken appeals from the provincial court and
frame regulations for the provincial court & councils.

Pitt’s India Act of 1784

 It distinguished Commercial & political functionary of East India company.

 Board of Control (newly created) set up to manage political affairs.
 Court of directors Set up to Manage Commercial affairs.
 British Possessions in India (Indian territories).

Charter Act of 1813

 Abolished the trade monopoly of the Company.

 Give permission to collect Taxes in Local Govt (Bengal, Bombay, Madras).
 Give permission to Christian Missionaries to enter into India (For enlightening the
people).
 Allocate 1 lakh for Education.
 Recruit Indians into government jobs.

Charter Act of 1833

 Governor general of Bengal was made governor general of India (Lord William Bentick
Governor General of India).
 He was with civil & military powers.
 It ended the Commercial Powers of East India Company.
 Attempted to introduce open competitive exam for Civil Services, but Court of Directors
rejected it.
 Established Indian law Commission (1834) → Lord Macaulay (Chairman).
 3 Bishops, Calcutta bishop →Head of Christians in India.

Charter Act of 1853

 it introduced an open competition system of selection and recruitment of civil servants.

  Accordingly, the Macaulay Committee (the Committee on the Indian Civil Service) was
appointed in 1854.

 It introduced, for the first time, local representation in the Indian (Central) Legislative
Council.
 It separated, for the first time, the legislative and executive functions of the Governor
General’s council.

 In other words, it established a separate Governor-General’s legislative council which

came to be known as the Indian (Central) Legislative Council. This legislative wing of
the council functioned as a mini Parliament.

Queens Proclamation Act of 1858

 Act for the good government of India.

 Abolished the East India Company, and transferred the powers of
Government, territories and revenues to the British crown

 Board of directors & Court of directors were abolished → (Double Government).

 A Secretary of State post Created in Britain parliament, who was to be

assisted by a Council to deal with Indian affairs.

Secretary

Council (15)

Indian Territory

 Started Calling governor general as “Viceroy” (1st viceroy - lord Canning) (5 years)
 Policy of annexation, Doctrine of lapse and service Enlistment Acts were withdrawn
 Queen Vitoria Commented Magna Carta for freedom & Independence of Indian
people.
 Indian Council Act, 1861

 Central council expanded.

 Provincial council was constituted (Bengal-1862, Punjab-1886, NWFP-1897).
 Lord Canning nominated 3 Indians to his legislative council.
↓
Raja of Banaras - Narayana Singh
Maharaja of Patiala - Narendra Singh
Sir Dinkar Rao

 Portfolio System introduced

↓
A member of the viceroy council was made in-charge of one or more department
of the government.

 Ordinance right to Viceroy, during an emergency (6 months).

 Process of decentralization.
 High Courts
↓
Calcutta- July 2, 1862
Bombay - Aug 14, 1862
Madras - Aug 15 1862

 Budget

Indian council Act of 1892

 Central Council & provincial council expanded.

• Central Council members nominated by Viceroy on the recommendation of the

provincial legislative Councils and the Bengal Chamber of Commerce.
• Provincial legislative Council by the governors on the recommendations of the district
boards, municipalities, Zamindars & Trade – associations.
 • Indians were allowed to participate in budget discussions.
• Civil Service age increased to 24 years (from 19years).
• Principle of Election (Indirect Election).

Note:

• Official majority-British
• Non-official majority-Indians

Indian Council Act of 1909

 Also called Morley Minto Reforms

 Central and provincial Councils were expanded qualitatively and quantitatively (16
seats - 60 Seats).
 Capitalists, and landlords are also allotted seats in council.
 There was maintenance of official majority in Centre & Non- official majority in
Providences.
 Started Calling Central Council as Imperial legislative Council.

 An Indian was inducted into Viceroy's executive council.

Satyendra Prasad Sinha (law member)

 Indians were provided to criticize financial policy.

 Indians were allowed to put supplementary questions.
 Provided separate electorate to Muslim minorities (only Muslim could vote
here for the Muslim candidate).
 Father of Communal Electorate →Lord Minto

 System of election way too- Indirect

Government of India Act (1919) (or) Montagu & Chelmsford Reforms

Announced in July 1918.

It clearly defines the Jurisdiction of the Central and Provincial governments.
 Note: - Aug 20, 1917 Govt. declared,

 Partial responsible Govt. in India.

 Came into force in 1921
 Introduce Bicameralism at Centre

Upper House Lower House

60 Seats 145 Seats
3 Years 5 Years
• These figures are given by Subash Kashyap

 Introduce Dyarchy/Dual authority at province

 Provincial Subjects for legislative were divided into

Reserve(28) & Transfer (22)

↓ ↓
Law & order Education

Finance Health

Land revenue Local Govt.

Irrigation Agriculture
 Governor along with executive members (Bureaucrats) must make decision on Reserved
Subjects.
 Governor along with non-executive members (ministers) must make decision on
Transferred Subjects.
  Ministers were to be responsible to the legislature, but executives were not
responsible to the Legislature.
 Partially Responsible Govt. in Providence.
 In the Viceroy's Executive Council of 6, three (3) were to be Indians.
 Separate Electorates for

• Sikh
• Indian Christians
• Anglo Indians
• Europeans (direct elections)
 Women were also given The Right to vote (In legislature).
 Legislatures enjoyed freedom of Speech.
 Created Indian high Commissioner in London (for agency works).
 Governor retained VITO powers.
 Establishment of Public Service Commission (1926) (on the recommendations of
Viscount lee).

 Devolution rules.
 Public accounts Committee 1921.
 Franchise to a limited No. of people

Property, Tax, Education

 Auditor - general post created.

 Railway budget is separated from general budget.

Government of India Act (1935)

GOI act 1935 was result of the recommendations of the Simon Commission.
It is marked a second milestone towards a complete responsible Government in India.

(It Consists of 321 Section, 10 Schedules, 14 parts)

Provisions

 Establishment of an all India federation →Provinces, Princely states of units

(Princely states did not Join it).
 Divided the powers the Centre and provinces (Units) In terms of three lists
Federal list (59 items)
Provincial list (54 items)
Concurrent list (36 items)

Residuary powers were given to the viceroy

 Abolished Dyarchy in the Provinces, and introduced provincial autonomy in its

place. (The provinces were allowed to act as autonomous units of
administration).

Note: This came into effect in1937 and was discontinued in 1939.

 Introduce dyarchy at the Centre (But did not come into operation at all).

 Introduced Bicameralism, In Six out of Eleven (11) provinces

↓

1) Bengal 2) Bombay 3) Madras4) Bihar 5) United6) Assam Provinces

 Providing separate electorates for depressed ((Scheduled Castes) classes,

women &labour.
 Abolished the Council of India, Established by the Govt. of India Act of
1858.
 The Secretary of State for India was provided with a team of advisors.

Provide voting→ (10% of the total population got the voting right).
 It provided for the establishment Reserve bank of India (RBI) → (To control the
currency & credit of the country).
  Provided for the establishment of federal court, which way setup in 1937.

 Provide for the establishment of not only a Federal Public Service

Commission, but also a provincial public service commission and joint public
service commission for two or more provinces.

 Separation of Burma from India

Indian Independence Act, 1947

 On Feb 20, 1947, The British PM Clement Attlee declared that the British rule in
India would end by June 30, 1948.
 On June 3, 1947, Lord Mountbatten, the Viceroy of India, put forth the partition
plan, known as the Mountbatten plan. This plan was accepted by the congress
and the Muslim league.
 It ended the British rule in India and declared as an independent and Sovereign
state from August 15, 1947.
 It provided for the partition of India and creation of two Independent dominions
of India and Pakistan with the right to secede from the British Commonwealth.
 It abolished the office of Viceroy and provided, for each dominion, A Governor General.
 It empowered the constituent assemblies of the two dominions to frame and
adopt any constitution for their respective nations and to repeal any act of the
British Parliament, including the independence act itself.
 No act of the British parliament passed after August 15, 1947 was to extend to
either of the new dominions.
 It abolished the office of the Secretary of state.
 It granted freedom to the Indian princely states either to Join the Dominion of
India or Dominion of Pakistan or to remain independent.
 Made governor general and Governor of provinces and ad Centre Nominal
(Constitutional) Heads.
 Dropped the title of Emperor of India.
 At the Stroke of midnight of 14-15 August, 1947, the British rule came to an end
and power was transferred to the two new independent Dominions of India and
Pakistan.

• Lord Mountbatten became the First Governor General of the New Dominion of
India.
 • He swore in Jawaharlal Nehru as the first prime minister of independent India
• The constituent assembly of India formed in 1946 became the parliament of the Indian
Dominion.