Historical Background of the Indian Constitution

Table of Contents

Regulating Act of 1773

First step taken by the British government to control and regulate the affairs of East India Company in India. It recognised political and administrative functions of the company. It laid the foundations of central administration in India.
It designated the governor of Bengal as a ‘Governor-General of Bengal’ and created an executive council of four members to assist him. The first governor-general was Warren Hastings.
It provided for the establishment of a Supreme Court at Calcutta (1774), comprising one chief justice and three other judges.
Bombay and Madras were made subordinate to Bengal.
It prohibited servants from trade or accepting presents or bribes.
Strengthen the control of the British Government over the company by requiring the Court of Directors to report on its revenue, civil, and military affairs in India.

Amending Act of 1781

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.

It exempted the Governor·General and the Council from the jurisdiction
It exempted the servants of the company from the jurisdiction
It excluded the revenue matters and the matters arising in the collection of revenue from the jurisdiction
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-in·Council and not to the Supreme Court.
It empowered the Governor-General-in Council to frame regulations for the Provincial Courts and Councils.

Pitt’s India Act, 1784

It distinguished commercial and political functions of the company.
It allowed the court of directors to manage the commercial affairs and created board of control to manage political affairs. Thus, it established a system of double government.
It empowered the board of control to supervise and direct civil and military government or revenues of the British possessions in India.

Act of 1786

In 1786, Cornwallis was appointed as the Governor-General of Bengal. He placed two demands to accept that post,

1. He should be given power to override the decision of his council in special cases,

2. He would also be the Commander-in-Chief.

Accordingly, the Act of 1786 was enacted to make both the provisions.

Charter Act of 1793

It extended the overriding power given to 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.
It extended the trade monopoly of the Company in India for a period of another twenty years.
It provided that the Commander-in-Chief was not to be a member of the Governor General’s council, unless he was so appointed.
It laid down that the members of the Board of Control and their staff were, henceforth, to be paid out of the Indian revenues.

Charter Act, 1813

It ended the monopoly of east India company in India except “trade in China “and “Trade in Tea with India”. Thus, trade with India for all commodities except Tea thrown open to all British Subjects. This lasted till 1833.
It asserted the sovereignty of the British crown over the company’s territories in India.
It allowed the Christian missionaries to come to India.
1 lakh rupees were granted to spread western education in India.
It authorised the local governments in India to impose taxes on persons. They could also punish in case of not paying taxes.

Charter Act,1833

Final step towards centralisation.
It made Governor-general of Bengal as a governor-general of India and vested him all civil and military powers. William Bentick was the first.
It deprived the governor of Bengal and Madras of their legislative powers. The laws made under the previous acts were called as Regulations while laws made under this act were called as Acts.
It ended the activities of the East India Company as commercial body, which became a purely administrative body.
It introduced law member in governor general’s council.
Indian laws codified and consolidated.
No Indian denied employment under company on the basis of religion and colour.
Abolished slavery.
Restrictions on immigration of Europeans and acquire property were lifted.

Charter Act,1853

Separated the legislative and executive functions of the governor general’s council.
Introduced an open competition for civil services. The covenanted civil service was made open to Indians.
It introduced, for the first time, local representation in the Indian (central) legislative council. Out of Six new legislative members of the council, four members were appointed by the local ( provincial) governments of Madras, Bombay, Bengal and Agra.

Government of India Act, 1858

Also known as act of good government.
It changed the designation of governor general of India to that of viceroy of India. He was direct representative of British Crown. Canning was the first viceroy of India.
It ended the system of double government by abolishing board of control and court of directors.
It created a new office, secretary of state for India. He was a member of British cabinet and was responsible to British Parliament.
It established a 15-member council to assist secretary of state for India.
This act also ended the doctrine of Lapse.

After the great revolt of 1857, the British government felt need to associate Indians in administration. In pursuance of this policy association, three acts were enacted by the British parliament in 1861, 1892 and 1909.

Indian councils Act of 1861

It initiated the process of decentralisation by restoring the legislative powers to the Bombay and Madras presidencies.
It made a beginning of representative institutions by associating Indians with the law-making process. Lord Canning, the viceroy, nominated three Indians to his legislative council: the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao.
It also provided for the establishment of new legislative councils for Bengal, North-Western Frontier Provinces and Punjab.
It empowered the viceroy to make rules and orders. It gave recognition to ‘Portfolio’ System, introduced by Lord Canning in 1859.
It empowered the viceroy to issue ordinances during an emergency. The life of such ordinance was 6 months.

Indian councils Act of 1892

It increased the number of nominated members in central and provincial legislative councils.
It gave powers to discuss the budget and addressing questions to the executive.
It brought limited representation with indirect elections. However, the word ‘election’ was not used in the act.

Morley-Minto Act of 1909

It increased the size of legislative councils, both central and provincial.
It retained official majority in the central legislative council but allowed the provincial legislative councils to have non-official majority.
It enlarged the deliberative functions.
It provided for the first time, association of Indians with executive council of viceroy and governors. Satyendra Prasad Sinha became first Indian to join the viceroy’s council.
Introduction of separate electorates. (for Muslims). Thus, the act ‘legalised communalism’ and Lord Minto came to be known as Father of Communal Electorate.
It also provided for the separate representation of presidency corporations, chambers of commerce, universities and zamindars.

Government of India Act 1919 (Montagu-Chelmsford reforms)

It introduced bicameralism for the first time. Thus, the Indian legislative council was replaced by Upper House (council of state) and Lower House (legislative assembly).
It extended communal representation to Sikhs, Indian Christians, Anglo- Indians and Europeans.
It divided provincial subjects into Transferred subjects such as education, health, local government, industry, agriculture, excise etc.,(administer with the aid of ministers) and Reserve subjects such as law & order, finance, land revenue, irrigation etc.,(without being responsible). This scheme of governance was known as ‘Dyarchy’ (Double Rule).
Office of high commissioner of India was created in London.
It provided for the establishment of a Public Service Commission in 1926.
It relaxed the central control by demarcating and separating the central and provincial subjects.

Simon Commission

In November 1927, seven members statutory commission was constituted but all members were British and hence all parties boycotted the commission.

The commission submitted its report in 1930 and recommended the abolition of dyarchy, extension of responsible government in the provinces, establishment of a federation of British India and princely states, continuation of communal electorate and so on.

To consider these proposals three round table conferences were conducted.

On the basis of these discussions a ‘White Paper on Constitutional Reforms’ was prepared and submitted. The recommendations of these committee were incorporated with certain changes in the Government of India Act of 1935.

Government of India Act 1935

It provided for the establishment of an All-India Federation consisting of provinces and princely states as units. It divided power in three lists – Federal List for centre, Provincial List for provinces and the Concurrent List for both. The residuary powers were given to viceroy. However, the federation never came into being as the princely states did not join it.
Abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in its place. Introduced responsible government in provinces.
Introduced Bicameralism in six out of eleven provinces.
Extended the communal representation by providing separate electorates for depressed classes, women and labour.
Abolished the council of India, established by Government of India Act 1858. The secretary of state for India was provided with a team of advisors.
It extended franchise. About 10 percent of the total population got the voting right.
Established the Reserve Bank of India.
Established Federal Public Service Commission, Provincial Public Service Commission and Joint Public Service Commission for two or more provinces.
It provided establishment of a Federal Court, which was set up in 1937.

Indian Independence Act of 1947

On 3rd June, 1947 Mountbatten Plan was accepted.

India declared independent and sovereign state from 15th August, 1947.
Provided for partition and creation of two independent dominions of India and Pakistan with right to secede from the British Commonwealth.
Provided Governor-General for each Dominion to be appointed by the British King on the advice of the dominion cabinet.
Empowered the constituent assemblies of the two dominions to frame and adopt any constitution and repeal any act of the British Parliament, including Independence Act itself.
Abolished the office of the secretary of state for India and transferred his functions to the secretary of state for Commonwealth Affairs.
It proclaimed the lapse of British Paramountcy.