Lecture 1: Historical Background

Lecture 1: Historical Background of Indian Constitution

Website: www.civilstap.in Call @7814622609

REGULATING ACT OF 1773

▪ The main aim of Regulating Act of 1773 was to regulate the activities of Company in both India as well as
England.

Important Highlights:

▪ Regulating Act of 1773 sought to bring synergy between the administration of Bengal, Madras &
Bombay Presidencies. In order to establish and empower a central authority, Bengal Presidency was
made supreme with exclusive powers to deal with matters of war & peace. Other Presidencies were
made subordinate to it. Governor of Bengal was now called Governor-General of all British territories
in India. Lord Warren Hastings was first such Governor General of British India.
▪ Governor of Madras & Bombay were required to send regularly, to the Governor-General, information
connected with government, revenues, etc. Consequently, this act laid the foundation of Central
Administration in India.
▪ Court of directors was required to report on company’s revenue, civil and military affairs to British
Parliament. Before Secretary of State, they had to disclose ‘everything dealing with civil & military
administration.’
▪ Governor General was to be assisted by Governor-General-in-Council. This council would comprise of a
Governor-General and four councillors (Governor-General-in-Council). Name of first Governor General
(Warren Hastings) and Councillors (Phillips Francis, Clavering, Monson & Barwell) were named in the
Act.
▪ Governor General was required to function according to the Council, the decision of Council was binding
upon him.
▪ The Act provided for payment of liberal salaries & prohibited immoral activities such as private trade,
receiving or giving bribes, money lending etc.
▪ The Act provided for a Supreme Court of Justice at Calcutta (established in 1774). Its jurisdiction included
civil, criminal, admiralty and ecclesiastical matters.
▪ It comprised of a chief Justice & three puisne Judges. Sir Elijah Imphey was appointed as the Chief Justice.
▪ All the public servants of the Company were made amenable to its jurisdiction. All British subjects both
European and Indians, could seek redressal in the Supreme Court against oppression. Appeal against
the Courts decision could be made to the King in Council in England.
▪ Under the Regulating Act 1773, the servants of the company came within the jurisdiction of the Supreme
Court, and this brought them under dual control of Governor General in Council and Supreme Court

AMENDING ACT 1781

• The Amending Act of 1781 was passed by British Parliament on 5th July 1781 to remove the defects of
Regulating Act 1773. It is also known as Declaratory Act, 1781. The key provision of this act was to
demarcate the relations between the Supreme Court and the Governor General in Council.
• Exemption from the jurisdiction of Supreme Court: The 1781 amendment exempted the actions of the
public servants in the company in their official capacity. Revenue collectors (including Zamindars) and
judicial officers of the company courts were also exempted from Jurisdiction of the SC. The court’s
geographic jurisdiction became limited to only Calcutta.
• It provided that the Supreme Court was to have jurisdiction over all the inhabitants of Calcutta.
• It also required the court to administer the personal law of the defendants i.e., Hindus were to be tried
according to the Hindu law and Muslims were to be tried according to the Mohammedan law.
• It laid down that the appeals from the Provincial Courts could be taken to the Governor-General.
Website: www.civilstap.in Call @7814622609
Website: www.civilstap.in Call @7814622609

• It basically empowered the Governor-General-ln-Council to frame Rules and Regulations for the
Provincial Courts and Councils.
• Thus, the Amending Act of 1781 was the first attempt in India towards the separation of the executive
from the judiciary by defining the respective areas of jurisdiction.

PITT’S INDIA ACT 1784

Backdrop of The Act:
▪ The aim of Pitt’s India Act was to remove the weaknesses of the Regulating Act & bring Company’s
administration in India under the supreme control of British Parliament.
▪ It was William Pitt the then Prime Minister of Great Britain, who upon assumption of office (1783-1801)
introduced an India Bill, that later came to be known as Pitt’s India Act.

SALIENT FEATURES OF PITT’S INDIA ACT 1784:

1. Introduction of Board of Control:

▪ The Act introduced a form of ‘Double Government’ wherein Court of Directors were allowed to manage
the commercial affairs of the Company. But for political affairs, the Act appointed a Board of six
Commissioners, known as Board of Control. Board of Control was appointed by the King.
▪ This act empowered the board of Control to supervise all operations of civil and military government in
India.

2. Governor General Council:

▪ Number of members in Governor-General’s Council was reduced to 3, so that even if one member of
the Council supported the Governor General, he could have his way.
▪ The power of Governor General-in-Council over subordinate presidencies was extended to include all
matters of war, diplomatic relations, and revenue.
▪ The Governor General and Council were made subordinate to British Government. They were forbidden
to declare war without prior sanction of the directors.
CHARTER ACT OF 1813
1. End of Monopoly Over Indian Trade:
▪ The Act renewed Company’s Charter for next 20 years (previously, it was renewed for 20 years through
Charter Act, 1793), but ended Company’s monopoly of trade with India.
▪ Company’s monopoly in tea trade and trade with China was however, retained. Consequently, with this
act, Indian trade was thrown open to all British merchants.

2. Beginning of Ecclesiastical Settlements in India:

▪ It allowed missionaries to go to India and also allowed them to settle there under a license. This marked
the beginning of ecclesiastical settlements in India.
3. Promotion of Literature & Sciences:
▪ It provided for a yearly fund of ₹1 lakh for promotion of literature & sciences among Indian subjects
(As a declaration of the principles of state responsibility for education, this provision may be taken as
one of the most significant British pronouncements with respect to India).

CHARTER ACT OF 1833

Website: www.civilstap.in Call @7814622609
Website: www.civilstap.in Call @7814622609

This act was the final step towards centralisation in British India.

Provisions under Charter Act of 1833:

▪ The Act centralised the Indian administration and the Governor General of Bengal was made the
Governor General of India. The powers of Governor General -in-Council were further extended and
Bombay, Madras and all other territories were placed under the complete control of GG-in Council. It
deprived the Governor of Bombay and Madras from their legislative powers.
▪ The Act enlarged Executive Council of the Governor General by addition of the fourth member.
Consequently, a law member was added to the Governor General’s Council, and his work was fully
legislative. Lord Macaulay became the first Law Member and the President of Law Commission.
▪ This act attempted to introduce an open competition system for selection of civil servants and stated
that Indians could hold any position in government office. However, this provision was not implemented
after strong opposition from Court of Directors.
▪ East India company charter was renewed for further 20 years, but monopoly of East India company in
India was completely ended through this act.

CHARTER ACT OF 1853

Salient Provisions
• This act did not renew the Company’s Charter for any specified period. Instead, it said that ‘Indian
territories would remain in trust for the Crown, until Parliament should otherwise direct.’ Thus, it was
clear that the Crown could take over the Company’s administration anytime now.
• For the first time, it separated the legislative and executive functions of the Governor General’s
Council. It established a separate Governor General’s legislative council also known as Indian
Legislative Council. Six new members were added as legislative councillors to the council. Legislative
council functioned as mini parliament by adopting the same procedure as the British Parliament. There
was no association of any Indian element with the Legislative council. The business of Legislative
Council was to be conducted on lines of the British Parliament. Questions could be asked, policy of the
Executive Council could be discussed, government could be criticised for its lapses, Bills were referred
to Select Committees, and legislative business was conducted in public. However, the Executive Council
retained the power to veto a bill of the Legislative Council.
• It introduced an open competition system of selection and recruitment of civil servants to Indian also.
• It reduced the court of directors from 24 to 18.

GOVERNMENT OF INDIA ACT 1858

▪ It made little changes in the system of administration prevalent in India, however the manner of
supervision and control of Indian administration in England was changed and strengthened.
▪ It was also known as the Act for Good Government of India.

1. Changes in Administration:
• The Company's territories in India were to be vested in the crown, the Company ceasing to exercise its
power and control over these territories.
• It ended the system of double Government by abolishing the Board of Control and Court of Directors.
• The Crown was empowered to appoint a Viceroy and the Governors of the Presidencies.
• The Indian Civil Services was to be instituted for the administration of the country.
Website: www.civilstap.in Call @7814622609
Website: www.civilstap.in Call @7814622609

• There was provision for Indians also to be admitted to the service.

2. Secretary of State (SOS) and His Council

• New office of Secretary of State for India was created. The Secretary of State was a member of the
British cabinet and was responsible ultimately to the British Parliament. He was also the channel of
communication between the British Government in Britain and the Indian administration. Lord Stanley
was the first SOS.
• Also, a new advisory body named, Council of India was created to assist its chairman the Secretary of
State for India.

3. Changing Designation
• Governor General of India was now designated as Viceroy of India. Lord Canning was the first viceroy of
India.

INDIAN COUNCIL ACT OF 1861

It introduced a grain of popular element. It provided that the legislative Council, which was earlier
composed of British officials, should include certain additional non-official members.

1. Beginning of Decentralisation
• It restored the legislative powers of Bombay and Madras Presidencies taken away by the Charter Act
of 1833.
• Thus, it begun the process of decentralisation in Indian administration.
• It provided for the creation of legislative councils for Bengal, North-Western Frontier Province (NWFP)
and Punjab.

2.Indians in Legislative Council

• It started the process of associating Indians as non-official members in the law-making process.
• It marked the beginning of representative Institutions in India.
• Lord Canning nominated three Indians to the Council in 1862 namely, the Raja of Benares, the Maharaja
of Patiala and Sir Dinkar Rao.
• The members were nominated, and their functions were confined exclusively to consideration of
legislative proposals placed before it by Viceroy.
• However, it could not criticise the acts of administration or conduct of authorities.

3. New Tools of Improved Execution

• The ‘Portfolio’ System introduced by Viceroy Lord Canning in 1859 was formally recognised by this Act.
The council member’s holding any particular departments were authorized to issue final orders on
behalf of the council on matters related to their department.
• The Viceroy was allowed to issue ordinances lasting six months without the concurrence of the
legislative councils.

INDIAN COUNCIL ACT OF 1892

Features:

• The Act increased the number of additional members to be represented in the Central and Provincial
councils but maintained official majority. For example, the number of Additional Members elected to
the Central Legislative Council was increased to a range of ten to sixteen.
Website: www.civilstap.in Call @7814622609
Website: www.civilstap.in Call @7814622609

• It increased the functions of the legislative councils. The councils were allowed to hold a discussion on
the annual financial statement. With certain restriction and conditions members of councils were also
permitted to ask questions to the executive on the public interest.
• The principle of representation was initiated through this Act. Some non-official members were to be
nominated in (a) Central Legislative Council by the viceroy on the recommendation of the provincial
legislative councils and the Bengal Chamber of Commerce, and (b) Provincial legislative councils by the
Provincial Governors on the recommendation of the district boards, municipalities, universities, trade
associations, zamindars and chambers.

INDIAN COUNCIL ACT,1909 OR MORLEY MINTO REFORMS

▪ Viceroy, Lord Minto, and the Secretary of State for India, John Morley, agreed that some reforms were
due so as to placate the Moderates as well as the Muslims.
▪ They worked out a set of measures that came to be known as the Morley- Minto (or Minto-Morley)
Reforms that translated into the Indian Councils Act of 1909.
Salient Features of Indian Councils Act 1909:
Changes under Act of
1909

Number of Members Proportion of Officials Method of Selection

Separate Electorates Functions of Councils
in Legislative Councils & Non-Officials of Members

• The Act of 1909 raised the maximum number of additional members in Governor General’s Council to
60.
• Under Act of 1892, official majority was maintained both in the centre and in provinces. But under Act
of 1909, even though official majority was maintained in the centre, the provinces had non-official
majority.
• But practically, this non-official majority was meaningless because of the overriding powers of central
majority.
• It enlarged the functions of legislative councils where members were allowed to ask supplementary
questions.
• It provided for the first time the association of Indians with the executive council of Viceroy and
Governors of Provinces. Satyendra Prasad Sinha was the first Indian to join the Viceroy’s executive
council. He was appointed as the law member.
• It introduced a communal representation system for Muslim by accepting the concept of separate
electorate. Under this Muslim member were to be elected only by a Muslim voter. Does the act
legalised communalism and Lord Minto known as the father of communal electorate in India
• The Act of 1909 became a landmark because the element of election (indirect) was further extended.
5/32 non-Official seats were to be nominated by Governor General. And the remaining 27 were to be
elected.

GOVERNMENT OF INDIA ACT 1919 OR MONTAGU-

CHELMSFORD REFORMS
In line with the government policy contained in Montagu’s statement of August 1917, the government
announced further constitutional reforms in July 1918, known as Montagu-Chelmsford or Montford
Reforms.
Based on these, the Government of India Act, 1919 was enacted which received Royal Assent on December
23, 1919.
Website: www.civilstap.in Call @7814622609
Website: www.civilstap.in Call @7814622609

• It relaxed the central control over the provinces by demarcating and separating the central and
provincial subjects. The central and provincial legislatures were authorised to make laws on their
respective list of subjects. However, the structure of government continued to be centralised and
unitary.
• It further divided the provincial subjects into two parts– transferred and reserved. The transferred
subjects were to be administered by the Governor with the aid of Ministers responsible to the
legislative council. The reserved subjects, on the other hand, were to be administered by the Governor
and his executive council without being responsible to the legislative council. This dual scheme of
governance was known as ‘dyarchy’–a term derived from the Greek word diarche which means double
rule. However, this experiment was largely unsuccessful.
• It introduced, for the first time, bicameralism and direct elections in the country. Thus, the Indian
legislative council was replaced by a bicameral legislature consisting of an Upper House (Council of
State) and a Lower House (Legislative Assembly). The majority of members of both the Houses were
chosen by direct election. It required that the three of the six members of the Viceroy’s executive
Council (other than the Commander-in-Chief) were to be Indian.
• It extended the principle of communal representation by providing separate electorates for Sikhs,
Indian Christians, Anglo-Indians and Europeans.
• It granted franchise to a limited number of people on the basis of property, tax or education.(Direct
Election)
• It created a new office of the High Commissioner for India in London and transferred to him some of
the functions hitherto performed by the Secretary of State for India.
• 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 separated, for the first time, provincial budgets from the Central budget and authorised the
provincial legislatures to enact their budgets.

GOVERNMENT OF INDIA ACT 1935

• It provided for the establishment of an All-India Federation consisting of provinces and princely states
as units. The Act divided the powers between the Centre and units in terms of three lists–Federal List
(for Centre, with 59 items), Provincial List (for provinces, with 54 items) and the Concurrent List (for
both, with 36 items). Residuary powers were given to the Viceroy. However, the federation never came
into being as the princely states did not join it.
• It abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in its place. The provinces
were allowed to act as autonomous units of administration in their defined spheres. Moreover, the Act
introduced responsible Governments in provinces, that is, the Governor was required to act with the
advice of ministers responsible to the provincial legislature. This came into effect in 1937 and was
discontinued in 1939.
• It provided for the adoption of dyarchy at the Centre. Consequently, the federal subjects were divided
into reserved subjects and transferred subjects. However, this provision of the Act did not come into
operation at all.
• It introduced bicameralism in six out of eleven provinces. Thus, the legislatures of Bengal, Bombay,
Madras, Bihar, Assam and the United Provinces were made bicameral consisting of a legislative council
(upper house) and a legislative assembly (lower house). However, many restrictions were placed on
them.

Website: www.civilstap.in Call @7814622609

Website: www.civilstap.in Call @7814622609

• 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. The secretary of
state for India was provided with a team of advisors.
• It extended franchise. About 10 per cent of the total population got the voting right.
• 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 not only a Federal Public Service Commission, but also a Provincial
Public Service Commission and Joint Public Service Commission for two or more provinces.
• It provided for the establishment of a Federal Court, which was set up in 1937.

PRELIMS MCQ
Question 1: In the context of Indian history, the principle of ‘Dyarchy (diarchy)’ refers to:
(a) Division of the Central legislature into two houses.
(b) Introduction of double Government i.e., Central and State governments.
(c) Having two sets of rulers; one in London and another in Delhi.
(d) Division of the subjects delegated to the provinces into two categories.

Answer: D

Question 2: The distribution of powers between the Centre and the States in the Indian Constitution is
based on the scheme provided in the:
(a) Morley-Minto Reforms, 1909
(b) Montagu-Chelmsford Act, 1919
(c) Government of India Act, 1935
(d) Indian Independence Act, 1947

Answer: C

Question 3: Which one of the following is not a feature of Government of India Act of 1935?
(a) Diarchy at the Centre as well as in the provinces
(b) A bicameral legislature
(c) Provincial autonomy
(d) An All-India Federation

Answer: A

Question 4: In the context of recruitment of civil servants during British rule in India, the open competition
for selection and recruitment of civil servants was started by:
(a) Charter Act of 1833
(b) Charter Act of 1853
(c) Indian Council Act 0f 1861
(d) Government of India Act 1858
Answer: B

Question 5: In relation to various developments during British rule, arrange the following events in correct
chronological order:
1. Indian Council Act of 1861
Website: www.civilstap.in Call @7814622609
Website: www.civilstap.in Call @7814622609

2. Act of good Government for India

3. Act of Settlement
Select the correct answer using the codes given below:
(a) 2-3-1
(b) 1-3-2
(c) 3-1-2
(d) 3-2-1
Answer: D

Question 6: The Company’s territories in India, for the first time, called the ‘British possessions in India’,
under which of the following Acts?
(a) The Regulating Act of 1773
(b) The Pitts India Act of 1784
(c) The Charter Act of 1833
(d) None of the above
Answer: B

Question 7: Which of the following aspects is/are related to the provisions of the Indian Councils Act
of 1861?
1. It had recognized the portfolio system.
2. It had associated Indians with the law making process.
3. It empowered the Viceroy to issue ordinances, without the concurrence of the Legislative
Council, during an emergency.
Select the correct answer using the code given below:
(a) 1 only
(b) 2 and 3 only
(c) 1and2only
(d) 1,2and3

Answer: D

Question 8: Separate electorates for the depressed classes (scheduled castes), women and labour
(workers) were announced under which of the following Acts?
(a) The Government of India Act of 1935
(b) The Indian Councils Act of 1909
(c) The Government of India Act of 1919
(d) The Indian Councils Act of 1861

Answer: A

Question 9: In the federation established by The Government on India Act of 1935. Residuary Power
were given to the
(a) Federal Legislature

Website: www.civilstap.in Call @7814622609

Website: www.civilstap.in Call @7814622609

(b) Governor General

(c) Provincial Legislature
(d) Provincial Governors

Answer: B

Question 10: Which of the following Acts made the Governors of Bombay and Madras Presidencies
subordinate to the Governor- General of Bengal and it prohibited the servants of the Company from
engaging in any private trade or accepting presents or bribes from the ‘natives’?
(a) The Pitt’s India Act of 1784
(b) The Charter Act of 1853
(c) The Charter Act of 1833
(d) None of the above

Answer: D

Website: www.civilstap.in Call @7814622609