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.

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Governor Bengal become Governor-General of Bengal

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 overtrade 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

Governor-General of Bengal became Governor-General of India

William Bentinck, first Governor-General of India

East India Company transferred from Council body to administrative

body

This act was called ‘Acts’ (Before it was Regulation)The Governor-

General of India was given exclusive legislative powers for entire

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 British India. The laws made under 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 anyplace, office, and
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.

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

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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 in1861, 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

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,

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 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 theCentral 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 ofpresidency

corporations, chambers of commerce,universities, and zamindars.

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

5. Govt. of India Act – 1919

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 (60members) 34were elected

- Legislative Assembly (144 members) 104 were elected

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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.

6. Govt. of India Act – 1935

Dyarchy in Provinces ware abolished & Provincial Autonomy was

introduced in that place.

Dyarchy’ was adopted at the ‘Centre’

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 Public Service Commission &

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 June3, 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 Constitution Cornerstone of Nation - Granville Austin.

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