Constitution Law

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Making of Indian Constitution- East India Company to India’ Independence

Regulating Act of 1773

The Regulating Act of 1773 was a landmark legislation by the British Parliament aimed at
addressing corruption and administrative inefficiencies in the East India Company’s rule in
India. The Act came with a view to regulate the affairs of Company.
Key Features:

1. Governor-General of Bengal:

• Established the post of Governor-General of Bengal with supervisory

authority over Madras and Bombay presidencies.

• Warren Hastings became the first Governor-General.

2. Executive Council:

• Created a 4-member Executive Council to assist the Governor-General in

decision-making.

3. Supreme Court in Calcutta:

• Set up the Supreme Court of Judicature at Fort William in Calcutta (1774) to

ensure justice.

• The court had jurisdiction over British citizens and Company employees.

4. Control by British Parliament:

• The Act established parliamentary control over the Company’s activities for
the first time.
• The East India Company was required to report its revenue and civil affairs to
the British government.
5. Limitations on Private Trade:

• Restricted the ability of Company servants to engage in private trade and

accept bribes.

Significance:

• Centralization of Administration: It marked the beginning of centralized

administration in India.
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• Foundation of Parliamentary Oversight: It was the first step in bringing the
Company’s Indian affairs under British parliamentary supervision.

• Judicial Foundation: Laid the groundwork for a modern judicial system with
the establishment of the Supreme Court.

However, the Act had limitations, as it did not address many administrative abuses and led to
conflicts between the Supreme Court and the Governor-General’s Council, prompting
subsequent reforms like the Pitt’s India Act of 1784.

Pitt’s India Act of 1784

The Pitt’s India Act of 1784, also known as the East India Company Act of 1784, was
passed by the British Parliament to address the shortcomings of the Regulating Act of 1773
and establish better control over the East India Company’s administration in India.

• Distinguished between commercial and political functions of the company.

• Court of Directors for Commercial functions and Board of Control for

political affairs.

• Reduced the strength of the Governor General’s council to three members.

• Placed the Indian affairs under the direct control of the British Government.

• The companies territories in India were called “the British possession in

India”.

• Governor’s councils were established in Madras and Bombay.

Charter Act of 1813

The Charter Act of 1813 was a significant legislation passed by the British Parliament
to renew the charter of the East India Company and introduce reforms in its governance and
trade policies.

Key Features:
1. End of Trade Monopoly:

• The East India Company lost its monopoly over trade in India, except for trade
in tea and trade with China, which remained under its control.

2. Company’s Territorial Role:

• The Act reaffirmed the Company’s role as a governing body in India, while its
commercial privileges were diminished.

3. Missionary Activities:
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• Allowed Christian missionaries to enter India and promote education and
religious conversion.

4. Funding for Education:

• Directed the Company to allocate ₹1 lakh annually for promoting education in

India and encouraging the revival of Indian literature and knowledge.

5. Powers of the Governor-General:

• Enhanced the powers of the Governor-General of Bengal over subordinate

presidencies (Madras and Bombay) to centralize administration further.
6. Regulation of Indian Laws:

• The Act asserted British Parliament’s authority to make laws and regulations
for India.

Charter Act of 1833

• Governor-General (of Bengal) became the Governor-General of India.

• First Governor-General of India was Lord William Bentick.

• This was the final step towards centralization in British India.

• Beginning of a Central legislature for India as the act also took away
legislative powers of Bombay and Madras provinces.

• The Act ended the activities of the East India Company as a commercial body
and it became a purely administrative body.

• Established a Law Commission to codify Indian laws, with Lord Macaulay

appointed as its first chairman. This led to the drafting of important laws like the Indian Penal
Code.

Charter Act of 1853

• The legislative and executive functions of the Governor-General’s Council
were separated.

• 6 members in Central legislative council. Four out of six members were

appointed by the provisional governments of Madras, Bombay, Bengal and Agra.

• It introduced a system of open competition as the basis for the recruitment of

civil servants of the Company (Indian Civil Service opened for all).

Government of India Act of 1858

• The rule of Company was replaced by the rule of the Crown in India.
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• The powers of the British Crown were to be exercised by the Secretary of
State for India

• He was assisted by the Council of India, having 15 members

• He was vested with complete authority and control over the Indian
administration through the Viceroy as his agent

• The Governor-General was made the Viceroy of India.

• Lord Canning was the first Viceroy of India.

• Abolished Board of Control and Court of Directors.

Indian Councils Act of 1861

• It introduced for the first time Indian representation in institutions like

Viceroy’s executive+legislative council (non-official). 3 Indians entered the Legislative
council.

• Legislative councils were established in the Center and provinces.

• It provided that the Viceroy’s Executive Council should have some Indians as
the non-official members while transacting the legislative businesses.

• It accorded statutory recognition to the portfolio system.

• Initiated the process of decentralization by restoring the legislative powers to

the Bombay and the Madras Provinces.

India Council Act of 1892

• Introduced indirect elections (nomination).

• Enlarged the size of the legislative councils.

• Enlarged the functions of the Legislative Councils and gave them the power of
discussing the Budget and addressing questions to the Executive.

Indian Councils Act of 1909

• This Act is also known as the Morley- Minto Reforms.

• Direct elections to legislative councils; first attempt at introducing a

representative and popular element.

• It changed the name of the Central Legislative Council to the Imperial

Legislative Council.
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• The member of the Central Legislative Council was increased to 60 from 16.

• Introduced a system of communal representation for Muslims by accepting the

concept of ‘separate electorate’.

• Indians for the first time in Viceroys executive council. (Satyendra Prasanna
Sinha, as the law member)

Government of India Act of 1919

• This Act is also known as the Montague-Chelmsford Reforms.

• The Central subjects were demarcated and separated from those of the
Provincial subjects.

• The scheme of dual governance, ‘Dyarchy’, was introduced in the Provincial

subjects.

• Under the dyarchy system, the provincial subjects were divided into two parts
– transferred and reserved. On reserved subjects, Governor was not responsible to the
Legislative council.

• The Act introduced, for the first time, bicameralism at the center.

• Legislative Assembly with 140 members and Legislative council with 60

members.

• Direct elections.

• The Act also required that the three of the six members of the Viceroy’s
Executive Council (other than Commander-in-Chief) were to be Indians.

• Provided for the establishment of the Public Service Commission.

Government of India Act of 1935

• The Act provided for the establishment of an All-India Federation consisting
of the Provinces and the Princely States as units, though the envisaged federation never came
into being.

• Three Lists: The Act divided the powers between the Centre and the units into
items of three lists, namely the Federal List, the Provincial List and the Concurrent List.

• The Federal List for the Centre consisted of 59 items, the Provincial Lisfor the
provinces consisted of 54 items and the Concurrent List for both consisted of 36 items

• The residuary powers were vested with the Governor-General.

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• The Act abolished the Dyarchy in the Provinces and introduced ‘Provincial
Autonomy’.

• It provided for the adoption of Dyarchy at the Centre.

• Introduced bicameralism in 6 out of 11 Provinces.

• These six Provinces were Assam, Bengal, Bombay, Bihar, Madras and the
United Province.

• Provided for the establishment of Federal Court.

• Abolished the Council of India.

• Indian Independence Act of 1947

• It declared India as an Independent and Sovereign State.

• Established responsible Governments at both the Centre and the Provinces.

• Designated the Viceroy India and the provincial Governors as the

Constitutional (normal heads).

• It assigned dual functions (Constituent and Legislative) to the Constituent

Assembly and declared this dominion legislature as a sovereign body.