Details of Module and its structure

Module Detail
Programme Name B. A.
Course Name Government of India Acts 1772-1950
Course Code OBAT330
Module Name Government of India Acts 1773-1919 their
features
Module code 001
Learning Outcomes After going through the content, the students
shall be able to:
1. To understand the historical development
of Indian institution such as Legislature
2. Gain Knowledge about administration
process developed throughout the history.
3. To understand the process of
democratization with the tendency of
centralization
4. To understand the working structure of
existing political system of India

Keywords British, Crown, Company, Acts, Features,

Role Name Affiliation
Faculty of Arts and Social
Subject Dr. Davinderpal Science, Guru Kashi
Matter Singh University, Talwandi Sabo
Expert (SME)

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Table of content

Sr. Particulars Page

No. No.
1 Introduction 3
2 The Company Rule (1773–1858) 3
3 The Company Rule (1858–1947) 6
4 Conclusion 10
5 Suggested Readings 11
6 Self-assessment 11
MCQ
Short term Questions
Long Term Questions

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1. Introduction
The British arrived in India in 1600 as traders, forming the East India
Company, which held exclusive rights to trade in India under a charter
issued by Queen Elizabeth I. During this time, India’s Mughal empire was
feeble enough to control India’s large territory. India was divided between
several princely states and struggle for power for territorial expansion and
disputes were inevitable reality. The East India Company taken the
advantage of India’s political conflicts and became ambitious as a territorial
power. The Company’s victory in Buxar (1764), Mughul emperor Shah Alam
granted ‘Diwani’ (i.e., rights over revenue and civil justice) of Bengal, Bihar
and Orissa to the Company. The Company’s monopoly ended with the ‘sepoy
mutiny’ in 1858. Then British Crown took direct control for India's
governance and it was continued till India was granted freedom on August
15, 1947.
India’s independence demanded a constitution. A Constituent Assembly was
established for this purpose in 1946, as recommended by M N Roy, a
pioneer of the Indian Communist movement in 1934, and the Constitution
was ratified on January 26, 1950. Nonetheless, British rule is the source of
many aspects of the Indian Constitution and political system. A number of
events throughout British rule established the legal foundation for the
structure and operation of British India's government and administration.
Our polity and constitution have been significantly impacted by these
occurrences. Indian Government Acts from 1773 to 1950 when the Indian
constitution is adopted, laid the significant pathway for in constitutional
development. The Constitutional experiments undertaken by the British
Government divided into two periods. First is East India Company’s rule
(1773-1857) and second is British Crown rule (1857-1947). Here, they are
described in the following order:
2. THE COMPANY RULE (1773–1858)
2.1 Regulating Act of 1773
In the 1773, the East India company had faced severe financial crisis. The
Company was significant entity for British empire, because it was sole
trading company in India and East. Several prominent person was her
stakeholder. The company had run by the money provided by the Bank of
England and Government. The Company had failed to returned back their
loan and further demand for loan. The mal-administration, corruption and
nepotism charges were rampant against company’s officials. Moreover, the
Bengal famine, dual administration introduced by Robert Clive and
company’s defeat against Mysore’s Hyder Ali in 1769 were key reasons for

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regulate act. The British government regulate the company’s affairs and
confined its activities passed the regulating act.
The act was a significant step in the direction of constitutional development
It was a primary move took by the British Government to supervise
and regulate the oversees affairs of the East India Company in India.
First time it acknowledged the Company’s political and administrative
functions.
It established a political system of central administration in India.
2.1.1 Features of the Act
1. It appointed the Governor of Bengal as the "Governor-General of
Bengal" and established a four-member Executive Council to advise
him. The first Governor-General Lord Warren Hastings.
2. The governors of Bombay and Madras presidencies were subordinate
to the governor-general of Bengal. Previously, these three were
independent from each other.
3. The act founded the Supreme Court at Calcutta (1774) comprising one
chief justice and three other judges.
4. It banned the Company's servants from receiving gifts or bribes from
the "natives" or participating in any kind of private trade.
5. It consolidated the British Government authority, mandating that the
Court of Directors, Company’s governing body and provide report on
its revenue, civil, and military activities in India.
2.2 Pitt’s India Act of 1784
The act was announced in the British Parliament by the then Prime Minister
William Pitt. The Regulating Act of 1773 was passed and Amending Act of
1781, also known as the Act of Settlement by the British Parliament. To
overcome the shortcomings of these acts, the significant the Pitt’s India Act
was passed in 1784.
2.2.1 Features of the Act
1. It made a distinction between the company's political and commercial
activities.
2. It established a new body, the Board of Control, to oversee political
activities while allowing the Court of Directors to oversee business
affairs. As a result, it created a system of parallel government.
3. It gave the Board of Control the authority to manage and supervise
every aspect of the military and civil administration or income
generation of the British colonies in India.

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 4. It was first time, Indian territories under Company’s control called the
‘British possessions in India.
5. The ultimate authority over an organization's activities and
management in India was granted to the British Government.
2.3 Charter Act 1813
The Continental System in Europe established by the Napoleon Bonaparte,
which posed restriction to British goods in Europe. The British traders and
merchants were facing heavy economic loss. So, they intended moved
towards Asia wanted to ended the domination of East India Company. It
reacted strongly against the move. Ultimately, British government enacted a
Charter Act, through merchants were commenced trade in India, under the
strict licencing system according to the provisions of Charter act 1813.
2.3.1 Importance of the Act
1. It proclaimed the Sovereignty of the Crown over British occupied
territory in India.
2. It extended the company rule for another twenty years.
3. It allowed local government to collect tax from people subject to the
jurisdiction of supreme court.
4. The act granted addition jurisdiction to courts in India over European
British Subject.
5. The company’s dividend was fixed at 10.5%.
6. The act included provisions for a grant to support scientific
advancement and the revival of Indian literature.
7. This company was also supposed to play a bigger part in the Indians'
education. For this reason, Rs. 1 lakh had set aside.
2.4 Charter Act of 1833
The last stage of British India's centralization process was this charter act.
2.4.1 Features of the Act
1. The Governor-General of Bengal positioned as the Governor-General
of India and assigned all civil and military powers to him. This act
framed a Government of India as sole over British territorial
possessions in India. The first governor-general of India was Lord
William Bentick.
2. The Governor-General of India obtained legislative powers for the
entire British India and deprived the governor of Bombay and Madras
of their legislative powers.
3. The East India Company activities were terminated as a commercial
body, it turned into purely an administrative body. The company’s

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 territories in India now considered as ‘in trust for His Majesty, His
heirs and successors’.
4. The Act introduced an open competition system for selection of civil
servants and permitted Indian to hold any place, office and
employment under the Company. Though, this provision was
cancelled as the Court of Directors against it.
2.5 Charter Act of 1853
It was the last of the series of Charter Acts passed by the British Parliament
between 1793 and 1853. It marked the significant constitutional
development.
2.5.1 Features of the Act
1. The legislative and executive functions of Governor-General’s council
were divided in first time. The act added six new members called
legislative councillors to the council. It created a separate
Governor-General’s legislative also known as the Indian (Central)
Legislative Council.
2. The Council’s legislative wing worked as a Mini-Parliament, in similar
manner as the British Parliament. Thus, for the first time, legislation
was performed special function of the government.
3. The open competition system of selection and recruitment of civil
servants was established. The covenanted civil service was thus
thrown open to the Indians also. Accordingly, the Macaulay
Committee (the Committee on the Indian Civil Service) was appointed
in 1854.
4. The Company rule sustained and allowed it to retain the possession of
Indian territories on trust for the British Crown. However, it did not
determine particular period, as prescribed in the previous Charters.
This was a clear indication British Government could end the
Company’s.
5. For the first time, local representation selected in the Indian (Central)
Legislative Council. Out of the six new legislative members of the
governor general’s council, four members were appointed by the local
(provincial) governments of Madras, Bombay, Bengal and Agra.
3. THE CROWN RULE (1858–1947)
3.1 Government of India Act of 1858
This act marked the demolished the East India Company and the powers of
government, territories and revenues under the direct control of the British
Crown. The act had envisaged in the wake of the Revolt of 1857—also

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known as the First War of Independence or the ‘sepoy mutiny’. The act
known as the Act for the Good Government of India.
3.1.1 Features of the Act
1. It stated that India was to be administrated in the name of, Her
Majesty. The Governor-General’s designation had changed as the
Viceroy of India. The viceroy was the direct envoy to the British Crown
in India. Lord Canning was the first Viceroy of India.
2. The Board of Control and Court of Directors were abolished, bringing
an end to the twofold government system.
3. It established a new position called Secretary of State for India and he
had sole authority to regulate entire Indian administration. The
secretary of state was a member of the British cabinet and
accountable to the British Parliament.
4. The fifty members Council of India was formulated for assistance the
secretary of state for India. It was an advisory body. The Chairman of
the Council was the secretary of state.
5. The secretary of state-in-council was established as a corporate entity,
with the capacity to both sue and be sued in India and England.
6. Nevertheless, the Act of 1858 was primarily focused on strengthening
of the administrative machinery that was to be used to regulate and
control the Indian Government in England. It did not significantly
transform the government system operated in India.
3.2 Indian Council Act of 1861
British Government, after the uprising of 1857, moved to seek the
cooperation of the Indians in the administration. The British Parliament
passed three acts in 1861, 1892, and 1909 to further this association
strategy. An important turning point in India's political and constitutional
history was the Indian Councils Act of 1861.
3.2.1 Features of the Act of 1861
1. It started the process of establishing representative institutions by
involving Indians in the legislative process. The viceroy was to appoint
a few Indians as non-official members of his enlarged council,
according to this provision.
2. The Viceroy Lord Canning in 1862 was nominated three Indians to his
legislative council—the Raja of Benaras, the Maharaja of Patiala and
Sir Dinkar Rao.
3. It started the process of decentralisation as the Bombay and Madras
Presidencies legislature powers were restored. Therefore, the
centralizing trend that began with the Regulating Act of 1773 and
peaked with the Charter Act of 1833 was halted.

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 4. The new legislative councils were established for Bengal,
North-Western Frontier Province (NWFP) and Punjab, in 1862, 1866
and 1897 respectively.
5. It allowed the Viceroy to make rules and orders for the more
convenient transaction of business in the council. Also provided
recognition to the ‘portfolio’ system, introduced by Lord Canning in
1859.
6. In accordance with this, a member of the Viceroy's council was
appointed head of one or more government departments and had the
authority to make final decisions on behalf of the council about issues
pertaining to his department.
7. In an emergency, it gave the viceroy the authority to promulgate
ordinances without the legislative council's approval. Such an
ordinance had a six-month duration.
3.3 Indian Council the Act of 1892
3.3.1 Features of the Act
1. It was raised number of additional (non-official) members in the
Central and provincial legislative councils, but official majority
sustained.
2. It enhanced the functions of legislative councils and granted them the
power of deliberating the budget and addressing questions to the
executive.
3. The Governor-General in Council was empowered to establish
member nomination guidelines, provided the Secretary of State for
India gave consent.
4. The nomination for non-official members to central legislative council
(Bengal chamber of commerce, governors for provincial legislative
council) based on recommendation of district boards, municipalities,
universities, trade associations, zamindars and chambers.
5. The act established a restricted and indirect provision for the use of
elections to fill vacant seats in provincial and central councils.
3.4 Indian Council Act 1909
3.4.1 Features of the Act
1. The Morley-Minto Reforms are another name for this Act. Lord Minto
was the Viceroy of India at the time, and Lord Morley was the
Secretary of State for India.
2. It significantly expanded the size of the provincial and central
legislative councils. The Central Legislative Council now has 60
members instead of just 16. The provincial legislative councils had
various numbers of members.

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 3. It permitted the provincial legislative councils to have a non-official
majority while maintaining the Central Legislative Council's official
majority.
4. It expanded the deliberation powers of legislative councils at both
levels. Members could, for instance, pass resolutions on the budget
and ask additional questions.
5. It made it possible for Indians to join the governors' and viceroy's
executive councils for the first time. The first Indian to serve on the
Viceroy's Executive Council was Satyendra Prasad Sinha. He was
designated as a Law member.
6. The act legalised communalism by introducing a separate electorate
system for Muslims representation in which Muslim members were to
be elected only by Muslim voters. Lord Minto came to be known as the
Father of Communal Electorate.
7. Further, it made provisions for separate representation of presidency
corporations, chambers of commerce, universities and zamindars.
3.5 Government of India Act of 1919
The British Government stated, for the first time in 1917, that its aim was
the gradual introduction of accountable government in India. Therefore,
Government of India Act of 1919 was passed and came into force in 1921.
This Act is also known as Montagu-Chelmsford Reforms (Montagu was the
Secretary of State for India and Lord Chelmsford was the Viceroy of India).
3.5.1 Features of the Act
1. It limited the central control over the provinces through division of
subjects between central and provincial and were authorised them to
make laws on their respective list of subjects. However, centralised
and unitary government system continued.
2. The provincial subjects were divided, further, into two
parts—transferred and reserved. The transferred subjects were to be
managed by the governor with the assistance of ministers accountable
to the legislative council. On the other hand, reserved subjects,
administered by the governor and his executive council without being
responsible to the legislative Council.
3. The term "dyarchy," which comes from the Greek word di-arche,
which meaning double rule, was used to describe this dual system of
government. But for the most part, this experiment failed.
4. It brought direct elections and bicameralism to the nation for the first
time. As a result, a bicameral legislature made up of the Legislative
Assembly and the Council of State replaced the Indian Legislative
Council. By direct election, the majority of members of both Houses
were selected.

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 5. It provided that, aside from the commander-in-chief, three of the six
members of the viceroy's executive council were to be Indian.
6. It expanded the concept of communal representation by giving Sikhs,
Indian Christians, Anglo-Indians, and Europeans their own
electorates.
7. A restricted number of persons were given franchises based on factors
like property, taxes, or education.
8. It established a new position for the High Commissioner for India in
London and gave him some of the responsibilities formerly held by the
Secretary of State for India.
9. It provided for the establishment of a public service commission.
Hence, a Central Public Service Commission was set up in 1926 for
recruiting civil servants. It gave the provincial legislatures the
authority to pass their own budgets and, for the first time, separated
the provincial budgets from the central budget. It allowed for the
creation of a legislative commission to investigate and report on its
operations ten years after it came into effect.
4. Conclusion
The British came in India through the East India Company as traders in
1600. Indian rulers were divided and struggle for was inevitable reality at
that time. The East India Company, took the advantageous of India’s
political upheavals. They started occupying Indian territory and later
emerged as political power. They gained authority to collect revenue for
example in the province of Bengal. The British ruling period was separated
into two periods, first was Company rule 1773-1857 and second Crown Rule
1857-1950. The Regulating Act such as 1773-1853 were formulated for the
purpose to regulated company’s affairs in India. However, these laid down
the centralisation of government activities in India. It also founded the
judicial system in India. British government started confined the company’s
political, administrative and commercial activities. Because, British
merchants and traders were facing lose in Europe due to restriction posed
by Napoleon Bonaparte trade policy. So, company activates run through the
charter acts. It expanded the concept of communal representation by giving
Sikhs, Indian Christians, Anglo-Indians, and Europeans their own
electorates. It emerged the era of communalism in India. The franchise
system also establishes but in limited extent. The dual system of
government has established which is also known as Diarchy. Therefore,
British government had made several acts related to administration,
regulation and law for their convenience. But they laid significant step for
Indian Constitution.

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5. Suggested Readings
Milloy, J. S. (1983). The early Indian Acts: Developmental strategy and
constitutional change. As long as the sun shines and the water flows: A
reader in Canadian Native studies, 56-64.
Laxmikant, M. (2019). Indian Polity-For Civil Services and Other State
Examinations|: by M. Laxmikant. McGraw-Hill; Sixth edition (27 December
2019); McGraw Hill.
Laxmikant, M. (2019). Indian Polity-For Civil Services and Other State
Examinations|: by M. Laxmikant. McGraw-Hill; Sixth edition (27 December
2019); McGraw Hill.
6. Self-assessment
Multiple choice questions
Q. 1 the Company granted Diwani from
a. Mughul
b. Maratha
c. British
d. None of the above.
Q. 2 who was the first Governor-General
a. Robert Clive
b. Lord Dollhouse
c. Lord Warren Hastings
d. None of the above
Q. 3 How many Judge has been appointed as additional Judge
a. 2
b. 3

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 c. 4
d. None of the above
Q. 4 who is the first Viceroy of India.
a. Lord Canning
b. Warn Hasting
c. Robert Clive
d. Lord Dollhouse
Q. 5 which of the following act established the office of Viceroy in India.
a. 1784
b. 1858
c. 1909
d. 1919
Q. 6 which act also known as Montagu-Chelmsford Reforms
a. 1909
b. 1861
c. 1919
d. 1784
Q.7 which act established the legislative councils in Bengal.
a. 1791
b. 1862
c. 1866
d. 1892
Q. 8 Indian to serve on the Viceroy's Executive Council was
a. Maharaja Patiala
b. Maharaja Banaras
c. Satyendra Prasad Sinha
d. None of the above
Q. 9 bicameral legislature founded under the act
a. 1919
b. 1909
c. 1861
d. 1892
Q.10 which of the following act was not under the Crown Rule
a. 1784
b. 1858
c. 1909

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 d. 1919
Q.11 which is correct under the Act of 1919
a. Reserved subjects
b. Transferred subject
c. Diarchy
d. All of the above
Q.12 under the act of 1909 right to franchise, which is not the base
a. property
b. taxes
c. education
d. religion
Q. 13 who is known as the Father of Communal Electorate
a. Warn Hasting
b. Lord Minto
c. Robert Clive
d. Lord Canning
Q. 14 who nominated three Indians to his legislative council
a. Viceroy Lord Canning
b. Warn Hasting
c. Lord Minto
d. Robert Clive
Q. the three nominated Indians to his legislative council, which one is
incorrect
a. the Raja of Benaras,
b. the Maharaja of Patiala
c. Sir Dinkar Rao
d. Satyendra Prasad Sinha
Short answer type questions
1. Give the reasons behind the formulation of Regulating Act 1773.
2. What is Diarchy?
3. What are the features of charter act 1813?
4. Explain communal electoral system.
Long answer type question
1. Discussed the causes behind the formulation of Charter acts 1773.
2. Explained the basic feature of the Indian Government act 1909.

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3. What are the provisions of responsible government under the 1919
Act?

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