Historical Background

• The constitutional and administrative system of modern India evolved significantly during British rule.

• The East India Company came to India in 1600 as a trading company under a charter granted by Queen Elizabeth I.

• In 1765, the Company obtained the Diwani of Bengal, Bihar and Orissa.

  • Diwani gave the Company rights over revenue collection and civil justice.
  • It was granted by Mughal Emperor Shah Alam after the Company's victory in the Battle of Buxar (1764).
  • This marked the Company's transformation from a trading corporation into a territorial power.

• After the Revolt of 1857, the British Crown assumed direct responsibility for Indian administration in 1858.

• British rule ended on 15 August 1947.

• Constitutional development under British rule can be studied in two phases:

  • Company Rule: 1773–1858
  • Crown Rule: 1858–1947

Regulating Act of 1773

• The Regulating Act of 1773 was the first major attempt by the British Parliament to regulate the East India Company's administration in India.
• It recognised the Company's political and administrative functions for the first time.
• It laid the foundation of central administration in India.

Governor-General and Executive

• The Governor of Bengal was redesignated as the Governor-General of Bengal.

• An Executive Council of four members was created to assist him.

• Warren Hastings became the first Governor-General of Bengal.

• Governors of Bombay and Madras were made subordinate to the Governor-General of Bengal.

  • Earlier, the three Presidencies were independent of one another.

Judiciary

• The Act provided for a Supreme Court at Calcutta.

  • Established: 1774
  • Composition: 1 Chief Justice + 3 other judges

Control over Company Administration

• Company servants were prohibited from:

  • engaging in private trade;
  • accepting presents or bribes.

• The Court of Directors had to report to the British Government on:

  • revenue affairs;
  • civil affairs;
  • military affairs.

Amending Act of 1781

• The Amending Act of 1781, also called the Act of Settlement, was enacted to correct defects in the Regulating Act of 1773.

Supreme Court's Jurisdiction

• Governor-General and Council were exempt from Supreme Court jurisdiction for acts performed in their official capacity.
• Company servants were similarly exempt for their official actions.
• Revenue matters and matters arising from revenue collection were excluded from the Supreme Court's jurisdiction.
• The Supreme Court exercised jurisdiction over the inhabitants of Calcutta.

Personal Laws

• The Court had to apply the defendant's personal law:

  • Hindus → Hindu law
  • Muslims → Mohammedan law

Provincial Judiciary

• Appeals from Provincial Courts went to the Governor-General-in-Council, not to the Supreme Court.
• Governor-General-in-Council could frame regulations for Provincial Courts and Councils.

Pitt's India Act of 1784

• Pitt's India Act, 1784 distinguished between the Company's commercial and political functions.
• It established a system of double government.

• The newly created Board of Control could supervise and direct:

  • civil government;
  • military government;
  • revenues of British possessions in India.

• Company's territories were called “British possessions in India” for the first time.

• The British Government acquired supreme control over Company affairs and administration in India.

Act of 1786

• Lord Cornwallis agreed to become Governor-General of Bengal subject to two conditions:

  • power to override his Council in special cases;
  • appointment as Commander-in-Chief.

• The Act of 1786 gave effect to both demands.

Charter Act of 1793

• Extended the Governor-General's overriding power over his Council to future Governor-Generals and Governors of Presidencies.

• Increased the Governor-General's control over Bombay and Madras.

• Extended the Company's trade monopoly for another 20 years.

• The Commander-in-Chief was not automatically a member of the Governor-General's Council.

  • A separate appointment was required.

• Members and staff of the Board of Control were to be paid from Indian revenues.

Charter Act of 1813

Trade Monopoly

• Abolished the Company's general trade monopoly in India.

• Indian trade was opened to other British merchants.

• Company monopoly continued over:

  • tea trade;
  • trade with China.

Crown Sovereignty

• Asserted the sovereignty of the British Crown over Company territories in India.

Education and Missionaries

• Permitted Christian missionaries to enter India.
• Provided for the spread of Western education.

Taxation

• Local governments could:

  • impose taxes on persons;
  • punish persons for non-payment.

Charter Act of 1833

• The Charter Act of 1833 marked the final major step towards centralisation in British India.

Governor-General of India

• Governor-General of Bengal became the Governor-General of India.
• Lord William Bentinck became the first Governor-General of India.
• All civil and military powers were vested in the Governor-General of India.
• For the first time, a Government of India exercised authority over the entire territorial area possessed by the British in India.

Legislative Centralisation

• Governors of Bombay and Madras lost their legislative powers.

• Governor-General of India received exclusive legislative powers for British India.

• Legislative terminology changed:

  • Earlier laws → Regulations
  • Laws under the 1833 Act → Acts

End of Company's Commercial Role

• East India Company ceased to function as a commercial body.
• It became a purely administrative body.
• Company's territories were held in trust for the British Crown.

Civil Services

• The Act attempted to introduce open competition for civil-service recruitment.
• It declared that Indians should not be debarred from Company offices and employment.
• The proposal was negated after opposition from the Court of Directors.

Charter Act of 1853

• The Charter Act of 1853 was the last Charter Act passed between 1793 and 1853.

Legislative-Executive Separation

• Separated the legislative and executive functions of the Governor-General's Council for the first time.
• Added six legislative councillors.
• Created a separate legislative wing known as the Indian (Central) Legislative Council.
• The legislative wing functioned broadly as a mini-Parliament.
• Legislation was recognised as a distinct governmental function requiring separate machinery and procedure.

Civil Services

• Introduced an open competitive system of civil-service recruitment.

• Covenanted civil service was opened to Indians.

• Macaulay Committee, or Committee on the Indian Civil Service, was appointed in 1854.

• Civil services were then classified as:

  • Covenanted civil services → higher civil services
  • Uncovenanted civil services → lower civil services

Company's Tenure

• Company continued to possess Indian territories in trust for the British Crown.
• Unlike earlier Charter Acts, no fixed period was prescribed for continuation of Company rule.
• Parliament could therefore terminate Company rule whenever it chose.

Local Representation

• Introduced local representation in the Central Legislative Council for the first time.

• Of the six new legislative members, four were appointed by the provincial governments of:

  • Madras;
  • Bombay;
  • Bengal;
  • Agra.

Government of India Act of 1858

• Enacted following the Revolt of 1857.
• Also known as the Act for the Good Government of India.

End of Company Rule

• Abolished the East India Company.

• Transferred its:

  • governmental powers;
  • territories;
  • revenues to the British Crown.

• India was thereafter governed in the name of the British Crown.

Viceroy of India

• Governor-General of India was additionally designated Viceroy of India.
• The Viceroy represented the British Crown in India.
• Lord Canning became the first Viceroy of India.

End of Double Government

• Abolished:

  • Board of Control;
  • Court of Directors.

• This ended the double-government system established under Pitt's India Act.

Secretary of State for India

• Created the office of Secretary of State for India.

• The Secretary of State:

  • exercised complete authority over Indian administration;
  • was a member of the British Cabinet;
  • was ultimately responsible to the British Parliament.

Council of India

• Created a 15-member Council of India to assist the Secretary of State.

• The Council was advisory.

• Secretary of State served as its Chairman.

• Secretary of State-in-Council became a body corporate capable of suing and being sued in:

  • India;
  • England.

Nature of the Reform

• The Act mainly changed the machinery through which India was controlled from Britain.
• It did not substantially alter the existing governmental structure within India.

Indian Councils Act of 1861

• After the Revolt of 1857, British policy increasingly sought to associate Indians with administration.
• The Councils Acts of 1861, 1892 and 1909 progressively expanded Indian participation.

Indians in Law-Making

• Began the process of associating Indians with law-making.

• Viceroy could nominate Indians as non-official members of his expanded Legislative Council.

• In 1862, Lord Canning nominated:

  • Raja of Benaras;
  • Maharaja of Patiala;
  • Sir Dinkar Rao.

Legislative Decentralisation

• Restored legislative powers to Bombay and Madras.

• This initiated legislative decentralisation.

• It reversed the centralising tendency:

  • begun under the Regulating Act of 1773;
  • reaching its climax under the Charter Act of 1833.

New Legislative Councils

• New legislative councils were established in:

  • Bengal — 1862
  • North-Western Provinces — 1886
  • Punjab — 1897

Portfolio System

• Recognised the portfolio system introduced by Lord Canning in 1859.

• Under this system:

  • a Council member was placed in charge of one or more departments;
  • the member could issue final orders concerning those departments on behalf of the Council.

Ordinance Power

• Viceroy could issue ordinances during an emergency without concurrence of the Legislative Council.
• Maximum life of such an ordinance: 6 months.

Indian Councils Act of 1892

Council Composition

• Increased additional non-official members in Central and provincial legislative councils.
• Official majority was retained.

Legislative Functions

• Legislative councils could:

  • discuss the budget;
  • address questions to the executive.

• The budget system itself had been introduced in British India in 1860.

Indirect Electoral Principle

• Some non-official members of the Central Legislative Council were nominated on recommendations from:

  • provincial legislative councils;
  • Bengal Chamber of Commerce.

• Provincial non-official members could be nominated on recommendations from:

  • district boards;
  • municipalities;
  • universities;
  • trade associations;
  • zamindars;
  • chambers.

• This introduced a limited and indirect electoral principle.

• The word “election” was not used in the Act.

• Formally, the process remained nomination based on recommendations.

Indian Councils Act of 1909

• Also known as the Morley-Minto Reforms.
• Lord Morley → Secretary of State for India.
• Lord Minto → Viceroy of India.

Legislative Councils

• Considerably increased the size of Central and provincial legislative councils.
• Central Legislative Council membership increased from 16 to 60.
• Provincial council sizes were not uniform.
• Central Legislative Council retained an official majority.
• Provincial Legislative Councils could have a non-official majority.

Deliberative Powers

• Members could:

  • ask supplementary questions;
  • move resolutions on the budget.

Indians in Executive Councils

• Indians were associated with the executive councils of the Viceroy and Governors for the first time.

• Satyendra Prasad Sinha became the first Indian member of the Viceroy's Executive Council.

  • Portfolio: Law Member

Separate Electorate

• Introduced separate electorate for Muslims.
• Muslim representatives were elected only by Muslim voters.
• The Act institutionalised communal representation.
• Lord Minto came to be known as the Father of Communal Electorate.

Other Representation

• Separate representation was also provided for:

  • presidency corporations;
  • chambers of commerce;
  • universities;
  • zamindars.

Background

• On 20 August 1917, the British Government declared for the first time its objective of gradually introducing responsible government in India.

• Government of India Act, 1919 came into force in 1921.

• It is also known as the Montagu-Chelmsford Reforms.

  • Montagu → Secretary of State for India
  • Lord Chelmsford → Viceroy of India

Centre-Province Relations

• Central and provincial subjects were demarcated and separated.
• Central and provincial legislatures could legislate on their respective subjects.
• Overall governmental structure nevertheless remained centralised and unitary.

Dyarchy in Provinces

• Provincial subjects were divided into:

  • Transferred subjects
  • Reserved subjects

• This dual system was known as dyarchy.
• Dyarchy means double rule.
• The experiment was largely unsuccessful.

Bicameralism and Direct Elections

• Introduced bicameralism for the first time at the Centre.

• Indian Legislative Council was replaced by:

  • Council of State — Upper House
  • Legislative Assembly — Lower House

• Introduced direct elections for the first time.

• Majority of members of both Houses were directly elected.

Indian Representation in Executive

• Of the six members of the Viceroy's Executive Council other than the Commander-in-Chief, three had to be Indians.

Communal Representation

• Separate electorates were extended to:

  • Sikhs;
  • Indian Christians;
  • Anglo-Indians;
  • Europeans.

Franchise

• Franchise remained limited.

• Voting qualifications were based on factors such as:

  • property;
  • taxation;
  • education.

High Commissioner for India

• Created the office of High Commissioner for India in London.
• Some functions previously performed by the Secretary of State for India were transferred to this office.

Public Service Commission

• Provided for establishment of a Public Service Commission.
• Central Public Service Commission was established in 1926.
• Its establishment followed the recommendation of the Lee Commission on Superior Civil Services in India, 1923–24.

Provincial Budgets

• Provincial budgets were separated from the Central budget for the first time.
• Provincial legislatures could enact their own budgets.

Statutory Commission

• Provided for appointment of a statutory commission after ten years to examine the working of the Act.

Appointment and Composition

• The statutory commission contemplated by the 1919 Act was appointed in November 1927, two years ahead of schedule.
• Chairman: Sir John Simon
• Total members: 7
• All members were British.
• Indian political parties boycotted the Commission because it contained no Indian member.

Recommendations

• Simon Commission submitted its report in 1930.

• Major recommendations included:

  • abolition of dyarchy;
  • extension of responsible government in provinces;
  • federation of British India and princely states;
  • continuation of communal electorates.

Road to the 1935 Act

1. British Government convened three Round Table Conferences.
2. Participants represented:

• British Government;
• British India;
• Indian princely states.

1. A White Paper on Constitutional Reforms was prepared.
2. It was examined by a Joint Select Committee of the British Parliament.
3. Its recommendations, with modifications, were incorporated into the Government of India Act, 1935.

Communal Award

• Announced in August 1932 by British Prime Minister Ramsay MacDonald.

• Continued separate electorates for:

  • Muslims;
  • Sikhs;
  • Indian Christians;
  • Anglo-Indians;
  • Europeans.

• Extended separate electorates to the Depressed Classes (Scheduled Castes).

Poona Pact

• Mahatma Gandhi opposed separate electorates for the Depressed Classes.

• He undertook a fast unto death in Yerawada Jail, Poona.

• An agreement was eventually reached between Congress leaders and leaders of the Depressed Classes.

• The agreement became known as the Poona Pact.

• It:

  • retained the joint Hindu electorate;
  • provided reserved seats for the Depressed Classes.

Core Framework

• The Government of India Act, 1935 contained 321 Sections and 10 Schedules.
• It marked another major step towards responsible government in India.

All-India Federation

• Proposed an All-India Federation consisting of:

  • provinces;
  • princely states.

• Powers were distributed through three lists:

• Residuary powers were vested in the Viceroy.
• Proposed federation never came into existence because the princely states did not join.

Provincial Autonomy

• Dyarchy in provinces was abolished.

• Provincial autonomy was introduced.

• Provinces became autonomous administrative units within their defined spheres.

• Responsible governments were introduced in provinces.

• Governors were required to act with ministers responsible to provincial legislatures.

• Provincial autonomy:

  • came into effect in 1937;
  • was discontinued in 1939.

Dyarchy at the Centre

• Proposed dyarchy at the Centre.

• Federal subjects were divided into:

  • reserved subjects;
  • transferred subjects.

• Central dyarchy never came into operation.

Provincial Bicameralism

• Bicameralism was introduced in 6 of 11 provinces:

  • Bengal;
  • Bombay;
  • Madras;
  • Bihar;
  • Assam;
  • United Provinces.

• These legislatures consisted of:

  • Legislative Council — Upper House
  • Legislative Assembly — Lower House

Communal Representation and Franchise

• Communal representation was further extended by providing separate electorates for:

  • Depressed Classes;
  • women;
  • labour.

• Franchise was extended to about 10% of the total population.

Council of India

• Council of India, created under the 1858 Act, was abolished.
• Secretary of State for India was instead provided with advisers.

Reserve Bank of India

• Provided for establishment of the Reserve Bank of India to control:

  • currency;
  • credit.

Public Service Commissions

• Provided for:

  • Federal Public Service Commission;
  • Provincial Public Service Commissions;
  • Joint Public Service Commission for two or more provinces.

Federal Court

• Provided for establishment of a Federal Court.
• Federal Court was established in 1937.

Background

• On 20 February 1947, British Prime Minister Clement Attlee announced that British rule would end by 30 June 1948.

• On 3 June 1947, the British Government clarified that a Constitution framed by India's Constituent Assembly could not apply to territories unwilling to accept it.

• On the same day, Lord Mountbatten presented the partition proposal known as the Mountbatten Plan.

• The plan was accepted by:

  • Congress;
  • Muslim League.

Legislative Timeline

• Indian Independence Bill introduced: 4 July 1947
• Royal Assent: 18 July 1947
• Act came into force: 15 August 1947

Independence and Partition

• British rule ended on 15 August 1947.

• India became an independent and sovereign state.

• British India was partitioned into two independent Dominions:

  • India
  • Pakistan

• Both Dominions possessed the right to secede from the British Commonwealth.

Governor-General

• Office of Viceroy was abolished.
• Each Dominion was to have a Governor-General.
• Governor-General was appointed by the British King on advice of the Dominion Cabinet.
• British Government ceased to have responsibility for governing India or Pakistan.

Constituent Assemblies

• Constituent Assemblies of the two Dominions could:

  • frame and adopt their own Constitutions;
  • repeal British parliamentary legislation applicable to them;
  • repeal the Indian Independence Act itself.

• Until new Constitutions came into force, the Constituent Assemblies could legislate for their respective territories.

• British Acts enacted after 15 August 1947 would not automatically apply to either Dominion.

Princely States and Paramountcy

• British paramountcy over princely states lapsed from 15 August 1947.

• British treaty relations with tribal areas also lapsed.

• Princely states could:

  • join India;
  • join Pakistan;
  • remain independent.

Transitional Government

• Until new Constitutions were framed, the Dominions and provinces continued to be governed under the Government of India Act, 1935, subject to modifications.

Secretary of State

• Office of Secretary of State for India was abolished.
• Its functions were transferred to the Secretary of State for Commonwealth Affairs.

British Monarch and Constitutional Heads

• British Monarch lost the right to:

  • veto bills;
  • require reservation of certain bills for royal approval.

• Governor-General retained authority to assent to bills in the King's name.

• Governor-General and provincial Governors became constitutional or nominal heads.

• They were required to act on advice of their respective Councils of Ministers.

Civil Services and Royal Title

• Title “Emperor of India” was dropped from the British King's royal titles.

• Secretary of State ceased:

  • making appointments to civil services;
  • reserving posts.

• Civil servants appointed before 15 August 1947 retained their existing service benefits.

Transfer of Power

• British rule ended at midnight on 14–15 August 1947.
• Lord Mountbatten became the first Governor-General of the new Dominion of India.
• Jawaharlal Nehru became the first Prime Minister of independent India.
• The Constituent Assembly of India, formed in 1946, also became the Parliament of the Indian Dominion.

Interim Government of 1946

• Members of the Interim Government were members of the Viceroy's Executive Council.
• The Viceroy continued as head of the Council.
• Jawaharlal Nehru was designated Vice-President of the Council.

First Cabinet of Free India, 1947

Centralisation to Provincial Autonomy

1. 1773 — Centralisation began; Bombay and Madras were subordinated to Bengal.
2. 1833 — Centralisation reached its peak; Governor-General of India obtained exclusive legislative authority.
3. 1861 — Legislative powers restored to Bombay and Madras; decentralisation began.
4. 1919 — Central and provincial subjects separated.
5. 1935 — Three legislative lists and provincial autonomy introduced.

Evolution of the Governor-General

1. 1773 — Governor of Bengal → Governor-General of Bengal
2. 1833 — Governor-General of Bengal → Governor-General of India
3. 1858 — Governor-General of India also became Viceroy of India
4. 1947 — Viceroy abolished; Governor-General continued as constitutional head of the Dominion

Evolution of Legislative Representation

1. 1853 — Legislative and executive functions of Governor-General's Council separated.
2. 1861 — Indians associated with law-making through nomination.
3. 1892 — Limited indirect electoral principle emerged.
4. 1909 — Separate electorate for Muslims introduced.
5. 1919 — Direct elections and bicameralism introduced at the Centre.
6. 1935 — Bicameralism introduced in six provinces.

Evolution of Responsible Government

1. 1909 — Indians entered the Viceroy's Executive Council.
2. 1917 — Responsible government formally declared as a British policy objective.
3. 1919 — Limited ministerial responsibility introduced through provincial dyarchy.
4. 1935 — Responsible government and autonomy introduced in provinces.
5. 1947 — Governor-General and Governors became constitutional heads acting on ministerial advice.

Evolution of Civil Services

1. 1833 — Open competition proposed but not implemented.
2. 1853 — Open competitive recruitment introduced.
3. 1854 — Macaulay Committee appointed.
4. 1919 — Public Service Commission provided for.
5. 1923–24 — Lee Commission recommended establishment of a Public Service Commission.
6. 1926 — Central Public Service Commission established.
7. 1935 — Federal, Provincial and Joint Public Service Commissions provided for.

Evolution of Communal Representation

1. 1909 — Separate electorate introduced for Muslims.
2. 1919 — Extended to Sikhs, Indian Christians, Anglo-Indians and Europeans.
3. 1932 — Communal Award extended separate electorates to Depressed Classes.
4. 1932 — Poona Pact provided joint electorate + reserved seats for Depressed Classes.
5. 1935 — Communal representation further extended to groups including women and labour.

1. 1600 — East India Company receives royal charter.
2. 1764 — Battle of Buxar.
3. 1765 — Company obtains Diwani of Bengal, Bihar and Orissa.
4. 1773 — Regulating Act.
5. 1781 — Amending Act/Act of Settlement.
6. 1784 — Pitt's India Act.
7. 1786 — Act concerning Cornwallis's powers.
8. 1793 — Charter Act.
9. 1813 — Charter Act.
10. 1833 — Charter Act.
11. 1853 — Charter Act.
12. 1854 — Macaulay Committee.
13. 1857 — Revolt of 1857.
14. 1858 — Government of India Act; Crown rule begins.
15. 1861 — Indian Councils Act.
16. 1892 — Indian Councils Act.
17. 1909 — Morley-Minto Reforms.
18. 20 August 1917 — Responsible-government declaration.
19. 1919 — Montagu-Chelmsford Reforms.
20. 1921 — Government of India Act, 1919 comes into force.
21. 1926 — Central Public Service Commission established.
22. 1927 — Simon Commission appointed.
23. 1930 — Simon Commission submits report.
24. 1932 — Communal Award and Poona Pact.
25. 1935 — Government of India Act.
26. 1937 — Provincial autonomy operational; Federal Court established.
27. 1946 — Constituent Assembly and Interim Government.
28. 20 February 1947 — Attlee announces transfer-of-power deadline.
29. 3 June 1947 — Mountbatten Plan.
30. 4 July 1947 — Indian Independence Bill introduced.
31. 18 July 1947 — Royal Assent.
32. 15 August 1947 — British rule ends.

• 1773 created the Governor-General of Bengal, not Governor-General of India.
• 1833 created the office of Governor-General of India.
• 1858 added the designation Viceroy to the Governor-General of India.
• Pitt's India Act, 1784 created double government; the 1858 Act abolished it.
• 1813 ended the Company's general Indian trade monopoly, but tea and China trade remained monopolised.
• 1833 ended the Company's commercial activities altogether.
• 1833 attempted open competition in civil services; 1853 actually introduced it.
• 1853 separated legislative and executive functions of the Governor-General's Council.
• 1861 associated Indians with law-making through nomination, not popular election.
• 1892 introduced a limited indirect electoral principle without formally using the word election.
• 1909 introduced separate electorate for Muslims.
• 1919 introduced dyarchy in provinces, bicameralism at the Centre and direct elections.
• 1935 abolished provincial dyarchy but proposed dyarchy at the Centre.
• The All-India Federation under the 1935 Act never came into existence.
• Provincial autonomy did operate from 1937.
• The Communal Award proposed separate electorates for Depressed Classes; the Poona Pact retained joint electorates with reserved seats.
• The Indian Independence Act created the Dominions of India and Pakistan; it did not immediately bring India's present Constitution into force.
• Government of India Act, 1935 continued as the transitional constitutional framework after independence, subject to modifications.