Constitutional Development – East India

Company Rule (1773 – 1857)

From 1757 to 1857, 5 major laws were created to regulate the functioning of
British East India Company and to help them rule over India. The details of
these 5 Acts are mentioned below.

Regulating Act of 1773

The process of Centralization in India was initiated through the Regulating Act
of 1773.

1. This is the first Act passed by the British Parliament to control and regulate the
affairs of the East India Company in India.
2. As per this Act, the Governor of Bengal was made the Governor-General.
3. Warren Hastings was the first Governor-General of India.
4. This Act made Governors of Bombay and Madras subordinate to the Governor of
Bengal.
5. The Governor-General was given the power to make rules and regulations.
6. The Governor-General was assisted by a Council of 4 members.
7. The number of Directors in the Company was fixed at 4.
8. The Governor-General had to follow the orders of the Directors of the Company.
9. Revenue of the company should be reported by The Court of Directors, who were
the governing body of the company
10. A Supreme Court was established at Calcutta in 1774, as per the provisions
of Regulating Act 1773.
11. The Supreme Court had a Chief Justice and 3 Assistant Judges.

Pitts India Act of 1784

In the Constitutional history of India, this Act brought in many significant
changes.

1. As per this Act of 1784, the territories of East India Company was called as the
“British Possessions in India”
 2. As per this Act, a joint Government of British India run by the Crown and Company
was established. The government had the ultimate power and authority.
3. A Court of Directors was formed for Commercial Operations and 6 member Board
of Control were appointed for Political affairs as per provisions of Pitts India Act
1784.
4. Governor General’s Council was reduced from 4 members to 3 members.
5. Governors Councils were established in Bombay and Madras.

Charter Act of 1813

1. It brought an end to the monopoly of East India Company, over trade with India.
2. Trade with India was opened for all British Citizens with the exception of Tea Trade.

Learn more about the Charter Act of 1813 in the given link.

Charter Act of 1833

1. Governor-General of Bengal became the Governor-General of India.

2. Lord William Bentick was the 1st Governor-General of India.
3. East India Company ended as a mere administrative body, it was no longer a
commercial body.
4. The Governor-General was given full control over revenue, civil and military.
5. Charter Act of 1833 was the final step in the Process of Centralization in India, a
process that began with the Regulating Act of 1773.

Charter Act of 1853

1. Civil Service Examination was introduced. It was a competitive examination for

recruitment into the civil services.
2. Executive and Legislative functions of the Governor-General were separated.
3. This Act provided for the addition of 6 new members to the Legislative Council, 4
members were appointed by Provisional Governments of Bengal, Bombay, Madras
and Agra.
4. As per provisions of Charter Act of 1853 Governor General’s Legislative Council
came to be known as the Central Legislative Council.
5. The Central Legislative Council started functioning as a Mini-Parliament. It
adopted the same procedures of the British Parliament.
Constitutional Development – Rule under the
British Crown (1857-1947)
This begins the 2nd phase of the Constitutional development under the British
Crown.

Government of India Act of 1858

1. Government of India Act of 1858 passed by British Parliament, brought an end to

the rule of East India Company. The powers were transferred to the British Crown.
2. The Secretary of State for India was given the powers and duties of the former
Court of Directors. He Controlled the Indian Administration through the Viceroy of
India.
3. The Secretary of State for India was assisted by the Council of India. This Council
had 15 members. The Council was an advisory body.
4. Governor-General of India was made the Viceroy of India.
5. Lord Canning was the 1st Viceroy of India.

Indian Council Act of 1861

1. Indians were nominated as non-official members for the 1st time in the Legislative
Council of Viceroy.
2. Legislative Councils were established in Provinces and Centre.
3. Legislative powers of the Provinces of Bombay and Madras were restored.
4. Legislative Councils were started in the Provinces of Punjab, North-Western
Frontier Province (NWFP), Bengal.

Indian Council Act of 1892

1. The size of the Legislative Council was increased.

2. The Legislative Council was given more power, they had the power to deliberate
on the Budget and could pose questions to the Executive.
3. Indirect elections were introduced for the 1st time.
4. The Principal of Representation was introduced as per provisions given in
the Indian Council Act of 1892.
Indian Councils Act, 1909 – Morley Minto Reforms

1. Indian Councils Act of 1909 is commonly known as Morley Minto Reforms.

2. For the 1st time, Direct elections were introduced for the Legislative Councils.
3. The Central Legislative Council was renamed as the Imperial Legislative Council.
4. The Communal representation system was introduced by giving separate
electorate. It was a system where seats were reserved only for Muslims and only
Muslims would be polled.
5. For the first time, Indians were appointed to the Executive Council of Viceroy.
Satyendra Sinha was the law member.

Government of India Act, 1919 – Montagu Chelmsford

Reforms

1. Government of India Act, 1919 was also known as the Montagu Chelmsford
reforms.
2. Bicameralism was introduced for the 1st time.
3. Provincial and Central Subjects were separated.
4. Dyarchy, a scheme of Dual Governance was introduced in the Provincial Subjects,
it was divided into Reserved and Transferred. The transferred list included
agriculture, health, education, and supervision of the local government. The
Transferred list was given to the Government of Ministers answerable to Provincial
Council. The reserved list included communications, foreign affairs, defence; this
transferred list was under the control of Viceroy.
5. Out of 6 members in Viceroy’s Executive Council, 3 of them were Indians.
6. The Act provided provisions for the establishment of the Public Service
Commission in India for the first time.
7. Communal Representation extended to Christians, Anglo-Indians, Sikhs.
8. The franchise was given to a limited population which was based on people who
had taxable income, had property and paid land revenue of Rs 3000.
9. Montagu Chelmsford Reforms made provision for setting up a statutory
commission at the end of 10 years to look into the working of the Government.
Government of India Act 1935
This was the longest and last constitutional measure introduced by British
India. It was the result of multiple round table conferences and a report by the
Simon Commission.

1. Bicameralism was introduced in 6 Provinces (Bengal, Bombay, Madras, Assam,

Bihar, United Provinces) out of 11 provinces.
2. The Legislature in the provinces were enlarged.
3. As per the Act, the powers were divided into Federal List, Provincial List and
Concurrent List.
4. Provincial autonomy was introduced in the Provinces by abolishing the Dyarchy.
5. There was provision for the adoption of Dyarchy at the Centre.
6. Provided provisions for establishing Federal Court, Reserve Bank of India (RBI).
7. There was provision for the establishment of All India Federation consisting of
Provinces and the Princely States as units.
8. Due to the length of Government of India Act 1935, it was divided into 2 separate
Acts.

Cripps Mission – 1942

In 1942 Cripps Mission was sent to India under the leadership of Sir Stafford
Cripps. Some of the proposals given by the Cripps Mission are given below.

1. Dominion status would be given to India, after the 2nd World War.
2. Once the Second World War ends, an elected body would be set up in India for
framing of Indian Constitution.
3. The even the Indian States would participate in the Constitution-making body.
4. Almost all the Parties and sections in India rejected the proposals given by
the Cripps Mission.

Cabinet Mission – 1946

Some of the main proposals of the Cabinet Mission plan was

1. The Indian States and British Provinces would combine to form Union of India
2. A Constituent Assembly would be established consisting of 389 members.
3. 14 members from Major political parties would form an interim government
 4. A representative body would be formed named as the Constituent Assembly.
5. Until the Constitution was framed, the Constituent Assembly would act as the
Dominion Legislature.
6. Until the Constitution was framed, India would be administered as per
the Government of India Act, 1935.

Mountbatten Plan – Indian Independence Act – 1947

1. British India was partitioned into India and Pakistan with effect from 15th August
1947.
2. Conferred complete legislative authority to the Constituent Assembly.
3. Established Governments in both Provinces and States.

Key Timelines – Constitution of Independent India

1. The Constitution of India was drawn up by the Constituent Assembly. Constituent

Assembly took almost 3 years to complete the task of drafting the Constitution for
Independent India.
2. Constituent Assembly met for the first time on Dec. 9, 1946.
3. On 14th August 1947; there was a proposal for the creation of committees.
4. The Drafting Committee was established on 29th August 1947 and the Constituent
Assembly starts the process of writing the Constitution
5. Dr Rajendra Prasad as the President prepared the Draft of the new constitution of
Independent India in February 1948.
6. The Constitution was adopted on Nov. 26, 1949
7. The Constitution came into effect on Jan. 26,1950, making India a Republic.
8. On that day, the Assembly ceased to exist, transforming itself into the Provisional
Parliament of India until a new Parliament was constituted in 1952.
9. It is the longest written constitution in the world containing 395 Articles and 12
Schedules.
Revolt of 1857:
1. Also called India’s first war of independence, it began at Meerut on
May 10, 1857, and slowly spread across Delhi, Agra, Kanpur and
Lucknow.
2. It was the first significant uprising against the East India Company.
Although the Revolt was unsuccessful, it had a significant impact
on the masses and inspired India’s entire Independence
Movement.
3. It was the revolt of 1857 which gave a clear message to the British
Crown that the East India Company had failed to exercise control
over the country, demonstrating its incapacity.
4. The British East India Company’s control came to an end with this
fight for independence.
5. After the British Crown seized control of India from the East India
Company in 1858, it became a British colony in law. Following this,
India was directly governed by the British government through
governors general.

Indian National Congress

1. popularly known as the Congress Party, which was established in 1885.
Its initial goal was to establish a platform for civil and political discussion
between Indians and the British Raj in order to secure a larger political
role for educated Indians. Later, under the leadership of individuals like
Mahatma Gandhi, Jawarhal Nehru, Subhas Chandra Bose and Sardar
Vallabhai Patel, the Congress party was instrumental in organizing
large-scale movements against the British government.

Swadeshi Movement – 1905-1911:

2. The Swadeshi Movement was a consequence of Lord Curzon’s announcement for
the partition of Bengal in 1905, on the grounds that the population of Bengal as a
whole would be difficult to govern over.
3. However, the British declared the division of Bengal into two provinces with the
intention of undermining nationalist unity.
4. The “Boycott” resolution was adopted at a conference held at the Calcutta Town
Hall on August 7, 1905, thus establishing the Swadeshi movement and bringing its
previously fragmented leadership under one leadership.
5. The goal of the Swadeshi movement was to encourage the usage of local goods
and services while denouncing their British counterparts. This raised India’s
economic standing and demonstrated to the British that Indians could live
independently.
6. When British products were openly torched, this movement became violent. The
British started detaining the agitators to address this issue, and ultimately Bengal
was partitioned.
7. The Swadeshi Movement was a turning point in Indian history because it
demonstrated the nation’s unity and helped people see that they could defeat the
British if they united.

Ghadhar Movement- 1914-1917:

1. The Ghadar Movement was a significant turning point in India’s quest for
independence. Early in the 20th century, a number of stringent immigration laws
based on racial discrimination were put in place to reduce the number of Indian
immigrants coming to Canada in search of employment.
2. Komagata Maru Incident: A ship from Canada by the name of Komagatamaru
that was carrying immigrants from India was sent back. Several of the ship’s
passengers were killed or detained in a clash with the British police as it headed
back to India. The Komagata Maru episode attracted worldwide attention and
condemnation for the violation of human rights and racism. The episode further
inspired the Ghadar party to engage in its struggle against colonial rule, and
therefore it indirectly gave a fillip to the Indian struggle for freedom.
3. After the brutal British repression, the Ghadar Movement started to wane. 1917 saw
the Ghadar Party split into a Communist and a Socialist faction following the end
of World War I.
4. The Ghadar movement might be characterized as a story of extraordinary
bravery, labor and toil that affected every Indian living in foreign countries.
5. The powerful speeches by its leaders did shape the expatriate opinion against the
misrule of the British in India.
6. It truly qualifies as a major struggle which aroused the people to fight for freedom
and sowed seeds for any other future course of action.
 Home Rule Movement – 1916-18:
1. Home Rule Movement served as the country’s response to the First World War and
a powerful means to express opposition to British rule.
2. Home Rule Movement was started by Bal Gangadhar Tilak at Belgaum in April 1916
and later by Annie Besant in Madras in September 1916.
3. This movement was targeted at achieving self-rule, without the interference of the
British Government.
4. Movement sought to demonstrate the strength of India and its people by raising
political awareness and assembling a bigger political representation for the
nation in opposition to British Rule.
5. This movement resulted in the 1917 Montague Declaration, which said that there
would be a greater representation of Indians in the administration, fostering the
growth of institutions for self-governance and finally bringing about responsible
governments in India.

Champaran Satyagraha – 1917:

1. Champaran Movement was Mahatma Gandhi’s first act of civil disobedience
during the struggle for independence, which took place in the Bihar region of
Champaran in 1917.
2. Gandhi was persuaded by an indigo farmer, Rajkumar Shukla, to visit Champaran
to look into the plight of the farmers, who were subjected to oppressive
regulations and high taxes. Under the tinkathia system, they were compelled to
grow indigo by the British colonists.
3. Gandhi gathered support from the local farmers and masses to organize
nonviolent protests against planters and landlords, and as a result, the
government decided to do away with the oppressive tinkathia system.
Additionally, the peasants were compensated with a part of the money taken
from them.
4. Gandhi organized three protests in Champaran, Ahmedabad and Kheda during
the years 1917 and 1918, before beginning the Rowlatt Satyagraha.
5. Although the Champaran Satyagraha was the first to be organized, the term
‘Satyagraha’ was first used during the anti-Rowlatt Act protest, which means, a
non-violent method of protest.
Rowlatt Satyagraha- 1919
1. The Anarchical and Revolutionary Crimes Act of 1919, passed by the British Indian
government, was more often known as the Rowlatt Act.
2. The Act granted the government the authority to imprison anyone accused of
engaging in terror activities for up to two years without a trial. The freedom of the
press was likewise severely restricted by the Rowlatt Act.
3. Mahatma Gandhi began a non-violent Satyagraha on April 6, 1919, to protest
against the British government’s unfair Rowlatt Act, which was called the Rowlatt
Satyagraha.
4. A nationwide hartal was declared and people were asked to hold meetings
against the repressive act and refrain from going to work.
5. While the hartal was successful in Delhi, violence was witnessed in Punjab and a
few other places. Therefore, Gandhi suspended the hartal in the wake of the
violence.
6. The infamous Jallianwala Bagh massacre, which took place in Amritsar on 13th
April 1919, was also the result of the protest against the Rowlatt Act. This incident
was a great reason for Indians to struggle for India’s independence even harder.

Khilafat and Non- Cooperation Movement – 1920

1. Khilafat Movement: The Indian Muslims were not happy with the way the British
dethroned the Caliph in Turkey. So, in 1919, various protests were held against the
Britishers. The Muslim League and Congress came together during this time. Both
of these parties worked together to organize numerous political protests. The
movement was initially introduced on August 31, 1920, when the Khilafat Committee
began a campaign of non-cooperation.
2. The Indian National Congress (INC), led by Mahatma Gandhi, began the Non-
Cooperation Movement on September 5, 1920. The Non-Cooperation Movement is
one of the key movements in India’s independence struggle. It was initiated by
Gandhi in support of the Khilafat Movement.
3. The aim was to boycott major social programs, events, offices and schools to
resonate with India’s struggle for independence. In his declaration Gandhi, wanted
people to adopt Swadeshi principles and work for the eradication of
untouchability from society.
4. The open, non-violent protest against the government by thousands of Indians
was a true mass movement.
5. The Indian National Congress called for self-government or Swarajya and only
non-violent methods were asked to be used while protesting
 6. However, following the Chauri Chaura incident in February 1922, where during a
fight between the police and protesters a violent crowd set fire to a police station,
killing 22 policemen, Gandhiji decided to put an end to the movement.

Civil Disobedience Movement – 1930

1. Mahatma Gandhi led a non-violent Civil Disobedience Movement in colonial India
known as the Salt March, also known as the Salt Satyagraha, the Dandi March, and
the Dandi Satyagraha.
2. By 1930, the Congress Party had announced that the only goal of the liberation
movement should be Poorna Swarajya or total independence. The 26 January
1930 was declared Poorna Swarajya Day.
3. The movement began in 1930 after Indians became angered when the British
imposed a tax on the sale and collection of salt, and Gandhiji chose to break the
salt tax in defiance of the government.
4. On March 12, 1930, Mahatama Gandhi led a large group of people from Sabarmati
Ashram to Dandi, a seaside town in Gujarat, where they produced salt from
seawater in violation of the law.
5. More than 60,000 individuals were detained as the movement swept across the
nation, including Mahatma Gandhi.
6. When Gandhiji was finally allowed to leave prison in 1931, he met with Lord Irwin,
who was keen to put a stop to the civil disobedience movement and the media
attention it had garnered.
7. The Gandhi-Irwin Pact stipulated that the civil disobedience campaign would be
put an end to in exchange for allowing Indians to produce salt for household use.
Lord Irwin also consented to the Indians’ detention being lifted. Gandhiji
participated in the London Second Round Table Conference as a “equal.”

Individual Satyagraha – 1940

1. The leaders of the Indian National Congress (INC) were unhappy with the British
government for dragging India into the Second World War in 1939, without the
Indian people’s consent.
2. Indian backing for the war was highly desired by the British government and as a
result, the Viceroy Linlithgow offered a series of recommendations known as the
“August offer.”
3. After the Indian nationalists demanded an interim government in India in lieu of
support in World War II, Indians’ freedom to frame their own constitution was
acknowledged for the first time in the August Offer, 1940.
4. However, the August Offer said after the war, a representative Indian body would
be established to draft India’s Constitution, and it would be given dominion status.
5. The INC rejected this offer at its meeting at Wardha in August 1940 and demanded
complete freedom from the colonial rule. The Individual Satyagraha was then
started by Mahatma Gandhi to uphold the right to free expression.
6. Brahma Datt, Vinoba Bhave and Jawaharlal Nehru were the first three satyagrahis.
The satyagrahis also started a march towards Delhi, which was called the ‘Delhi
Chalo Movement’.
7. Although the movement failed to pick up steam and was aborted in December
1940, it put the Britishers under immense pressure.

Quit India Movement – 1942

1. The INC called for a widespread civil disobedience movement when the Cripps
Mission, which arrived in India in March 1942, was unable to promise any type of
constitutional remedy for India’s issues.
2. The idea of an independence movement in India was accepted by the Congress
Working Committee at its Wardha meeting on July 14, 1942.
3. Gandhi began this movement in August 1942 in an effort to compel the British to
leave India. This campaign, known as the “Bharat Chhodo Andolan,” compelled
the British colonial authorities to consider leaving India.
4. The outcome of the movement was that Congress was declared an unlawful
association and its offices all over the country were raided. The leaders were
arrested and there rose a chaotic moment with this incident.
5. Despite heavy-handed suppression by the government, the people were unfazed
and continued their struggle.
6. The movement placed the demand for complete independence at the top
agenda of the freedom movement.