Historical Backgrounds

 British came to India in 1600 as traders, in the form of the East India Company,
which had the exclusive right of trading in India under a charter granted by Queen
Elizabeth-I.

 In 1765, the Company, which till now had purely trading functions obtained the
‘Diwani’ (i.e., rights over revenue and civil justice) of Bengal, Bihar, and Orissa.
This started its career as a territorial power.

 In 1858, in the wake of the ‘Sepoy mutiny, the British Crown assumed direct
responsibility for the governance of India. This rule continued until India was granted
independence.

 In 1946 Constituent Assembly was formed for making a constitution & finally on
January 26, 1950, the Constitution came into being.

 Various features of the Indian Constitution and polity have their roots in the British
rules.

 We are going to discuss this background history in two phases, The Company Rule &
The Crown Rule.

 The Company Rule (1773 – 1858)

1. Regulating Act – 1773

 The first step was taken by the British govt to establish British rule in INDIA

(a) it was the first step taken by the British Government to control and regulate the
affairs of the East India Company in India.
(b) it recognized, for the first time, the political and administrative functions of the
Company.
(c) it laid the foundations of central administration in India.

 Governor Bengal become Governor-General of Bengal

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 Supreme Court was established 1774 Calcutta (1 + 3 = 4 judges)
This Court was independent of Governor-General and Council.

 It prohibited the servants of the Company from engaging in any private trade or
accepting presents or bribes from the natives.

 It strengthened the control of the British Government over the Company by requiring
the Court of Directors (the governing body of the Company) to report on its revenue,
civil, and military affairs in India.

 In a bid to rectify the defects of the Regulating Act of 1773, the British Parliament
passed the Amending Act of 1781 also known as the Act of Settlement.

2. Pitts Act of India - 1784

 The Dual Government System was established

 Company territory called British province

 It allowed the Court of Directors to manage the commercial affairs.

 A new body called the Board of Control managed the political affairs. Thus, it
established a system of double government.

 Members of the Governor-General Council were reduced to 3

 Non - intervention policy

 The Company’s territories in India were for the first time called the ‘British possessions

in India’

 Act of 1786
- In 1786, Lord Cornwallis was appointed as the Governor-General of Bengal.
- He placed two demands to accept that post, viz.,
1. He should be given the power to override the decision of his council in special
cases.
2. He would also be the Commander-in-Chief.

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 3. Charter Act – 1793

 Empowered Governor to act as an Agent of the council in special condition

 Given another 20 years of company Monopoly trade

 It extended the overriding power given to Lord Cornwallis over his council, to all future
Governor Generals and Governors of Presidencies.
 It gave the Governor-General more powers and control over the governments of the
subordinate Presidencies of Bombay and Madras.

4. Charter Act – 1813

 Deprived/End the Company Monopoly trade. Indian trade was thrown open to all
British merchants.
However, it continued the monopoly of the company over trade in tea and trade with
China.

 Madras, Bombay, and Calcutta Council was empowered but subject to Greater control
under the British Parliament, Before making the final decision, British Parliament will
look after the matter.
 Asserted the sovereignty of the British Crown over the Company’s territories in India.

 It allowed the Christian missionaries to come to India to enlighten the people.

 It provided for the spread of western education among the inhabitants of the British
territories in India.

 It authorized the Local Governments in India to impose taxes on persons. They could
also punish the persons for not paying taxes.

5. Charter Act -1833

 The Governor-General of Bengal became Governor-General of India

 William Bentinck, first Governor-General of India

 East India Company transferred from a Council body to an administrative body

 This act was called ‘Acts’ (Before it was Regulation) The Governor-General of India
was given exclusive legislative powers for the entire British India. The laws made under

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 the previous acts were called Regulations, while laws made under this act were called
Acts.

 From this time Governor-General Council knew by Govt. of India and this Council
become the ‘Indian Council’

 The Charter Act of 1833 attempted to introduce a system of open competition for the
selection of civil servants and stated that the Indians should not be debarred from
holding any place, office, or employment under the Company.

6. Charter Act – 1853

 For the first time, the Legislative and Executive were separated from the Governor-
general Council.

 Civil service was introduced, and it was thrown open for Indians

 1854 -Macaulay Committee was appointed. (Committee on the Indian Civil Service)(
Lord Cornwallis -father of civil service)

 6 members were added to the executive Council which belongs to the governor-general
from four members were appointed by the local (provincial) governments of Madras,
Bombay, Bengal, and Agra.

 It extended the Company’s rule and allowed it to retain the possession of Indian
territories on trust for the British Crown.

 But, it did not specify any particular period, unlike the previous Charters. This was a
clear indication that the Company’s rule could be terminated at any time the Parliament
liked.

 The Crown Rule (1858 – 1947)

1. Govt of India Act – 1858

 This significant Act was enacted in the wake of the Revolt of 1857–also known as the
First War of Independence or the ‘sepoy mutiny.

 Known as the Good Governance Act.

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 East India company was Abolished.

 All power was transferred to the British crown

 It ended the system of double Government by abolishing the Board of Control and
Court of Directors

 All rights transferred to the ‘Secretary of state for India’ (It created a new office,
vested with complete authority and control over Indian administration.)

 Secretary of India assisted by Indian Council (15 members)

2. Indian Council Act – 1861

 After the great revolt of 1857, the British Government felt the necessity of seeking the
cooperation of the Indians in the administration of their country.

 In pursuance of this policy of association, three acts were enacted by the British
Parliament in 1861, 1892, and 1909.

 The Indian Councils Act of 1861 is an important landmark in the constitutional and
political history of India.

 Introduced Representative Institution of India (associating Indians with the law-

making process)

 For the first time, Indians were called to help administrative process

 Decentralization - Bombay and Madras governments played an active role from this
time.

 Portfolio System was introduced by Lord Canning in 1859 through this act.

 It empowered the Viceroy to issue ordinances, without the concurrence of the legislative
council, during an emergency. The life of such an ordinance was six months.

 As a result of this Act in 1937 Internal Autonomy of Province was established

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 3. Indian Council Act – 1892

 Provincial legislative autonomy. (Increased the number of additional (non-official)

members)

 Council allowed to discuss ‘Annual Finance Report’

 The member of the legislative council was nominated by Governor-General, Chamber of

Commerce & Zamindar Sabha worked as an advisory body.

4. Indian Council Act – 1909

 First time ‘Separated representation’ for the Muslim community,

Known as Morley -Minto reforms (Morley= Secretary, Minto= Viceroy)

 This act Legalised Communalism.

 Lord Minto was known as Father of Communal Electorate

 Members of the Legislative Council get the right to put vote except in non-voteable area

 The number of members in the Central legislative council was raised from 16 to 60.

Central > Official member majority

Province > non-official member along with Nominated members

 Satyendra Prasad Sinha -First Indian to join the ‘executive Council of Viceroy’

 It also provided for the separate representation of presidency corporations, chambers of

commerce, universities, and zamindars.

 (Extra). 1932 - Communal Award- British PM- Ramsay MacDonald

5. Govt of India Act – 1919

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 On August 20, 1917, the British Government declared, for the first time, that its
objective was the gradual introduction of a responsible Government in India.

 The Government of India Act of 1919 was thus enacted, which came into force in 1921.

 Known as Montague -Chelmsford reform. (Montague= Secretary, Chelmsford=

Viceroy)

 Dyarchy System of province were established (Derived Greek word ‘de arche’)
Central
Province…… > Subdivided other
> Reserved subject

 Central Relaxed the rule in the field of –

>Administrative
>Legislative
> Financial
 Governor General was free to nominate as many members as he wants to the Executive
Council

 Central Legislative consists of two houses

-Council of state (60 members) 34 were elected

-Legislative Assembly (144 members) 104 were elected

 Power of both houses kept equal, except voting power which is exclusively given to the
‘Legislative Assembly’

 It introduced, for the first time, bicameralism and direct elections in the country.

 It provided for the establishment of Public Service Commission

6. Govt of India Act – 1935

 Dyarchy in Provinces ware abolished & Provincial Autonomy was introduced in that
place.

 Dyarchy’ was adopted at the ‘Centre’

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 Federal Govt Started –
>Province
>Princely state

 Administrations were divided into 3 categories –

>Federal list (for Centre, with 59 items)
>Provincial list (for provinces, with 54 items)
>Concurrent list (for both, with 36 items)

 Federal subject divided

>Reserved subject
> Transferable subject

 Out of 11 provinces 6 provinces Adopted Bi-cameralism

Legislative Council (Upper House)
Legislative Assembly (Lower House)

 6 Bicameralism Provinces are,

Bihar, Bengal, Assam, Bombay, Madras and United province

 It further extended the principle of communal representation by providing separate

electorates for depressed classes (Scheduled Castes), women and labour (workers).

 It abolished the Council of India, established by the Government of India Act of 1858.

 It provided for the establishment of a Reserve Bank of India to control the currency and
credit of the country.

 It provided for the establishment of Federal Court, which was set up in 1937.

 Local self Govt is a Provincial subject

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 7. Indian Independence Act – 1947
 On February 20, 1947, British Prime Minister Clement Atlee declared that the British
rule in India would end by June 30, 1948.
 On June 3, 1947, the British Government made it clear that any Constitution framed by
the Constituent Assembly of India (formed in 1946) cannot apply to those parts of the
country which were unwilling to accept it.
 On the same day (June 3, 1947), Lord Mountbatten, the Viceroy of India, put forth the
partition plan, known as the Mountbatten Plan.
 The plan was accepted by Congress and the Muslim League. The immediate effect was
given to the plan by enacting the Indian Independence Act (1947).

 Ending the British rule and India declared as an independent Sovereign state

 Created two independent domains India & Pakistan

 Post of Viceroy was Abolished

 It granted freedom to the Indian princely states either to join the Dominion of India or
Dominion of Pakistan or to remain independent.

 It designated the Governor-General of India and the provincial governors as

constitutional (nominal) heads of the states. They were made to act on the advice of the
respective council of ministers in all matters.

 ‘Secretary state of India’ abolished and power transfer to ‘Secretary state for
Commonwealth affairs’

 Lord Mountbatten became the first Governor General of new Dominion of India

 Interim Govt was established in 1946

 Indian Independence Bill was introduced in 4th July 1947 (The Indian independence
Bill received the Royal Assent on the date of 18th July.

 The Indian Constitution Cornerstone of Nation - Granville Austin

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