Historical Background Notes
Introduction
- Indian Constitution has borrowed features from various past legislations enacted during British rule.
- The British came as traders (East India Company in 1600), later became rulers.
- Major change: From company rule to British Crown (post-1857 revolt).
- Gradual development of constitutional government.
Important Acts in British India
1. Regulating Act of 1773
- First step by British Parliament to control East India Company.
- Governor of Bengal → Governor-General of Bengal.
- Warren Hastings – First Governor-General.
- Established Executive Council of 4 members.
- Created Supreme Court in Calcutta (1774).
- Prohibited servants of the company from private trade/gifts.
- Laid foundation of central administration in India.
2. Pitt’s India Act, 1784
- Distinguished between commercial and political functions.
- Created a Board of Control (for political affairs) and Court of Directors (for commercial functions).
- Dual control introduced: Company & British Govt.
- Strengthened British control over the Company.
3. Charter Act of 1813
- Ended East India Company’s monopoly on trade in India (except with China & tea).
- Company’s trade opened to all British citizens.
- Allowed Christian missionaries to come to India.
- Provided for education: ₹1 lakh per year.
4. Charter Act of 1833
- Governor-General of Bengal → Governor-General of India.
- Lord William Bentinck became the first GGI.
- Legislative powers centralized in Governor-General’s Council.
- Company’s commercial activities ended → only administrative function.
- First attempt to codify Indian laws.
- Introduced the idea of open competition in civil services (but not implemented).
5. Charter Act of 1853
- Separation of legislative and executive functions of Governor-General’s Council.
- Introduced open competition for civil services.
- Macaulay Committee (1854) on ICS.
- Legislative Council expanded → added Indians as non-official members (limited participation).
Revolt of 1857 → Turning Point
- Also called Sepoy Mutiny, First War of Independence.
- Major outcome: End of Company Rule, beginning of Crown Rule.
6. Government of India Act, 1858
- Passed by British Parliament.
- Abolished East India Company.
- Rule transferred to British Crown.
- Created office of Secretary of State for India (member of British Cabinet).
- Secretary assisted by India Council (15 members).
- Governor-General became Viceroy (first Viceroy: Lord Canning).
- Centralized governance → British Parliament ultimate authority.
7. Indian Councils Act of 1861
- Introduced Indians in legislative process for the first time.
- Nominated Indians as non-official members (e.g., Raja of Benaras, etc.)
- Restored legislative powers to Bombay and Madras Presidencies.
- Decentralization began.
- Viceroy could issue Ordinances (emergency legislation).
8. Indian Councils Act of 1892
- Increased number of additional members (central & provincial councils).
- First indirect election: nominated members from associations like INC.
- Council could discuss budget & ask questions (limited control).
9. Indian Councils Act of 1909 (Morley-Minto Reforms)
- Introduced Indirect elections to legislative councils.
- First time: Separate electorates for Muslims.
- Increased Indian members in councils.
- Indians included in Executive Council of Viceroy (Satyendra Prasad Sinha).
- Limited role in governance → more of a reform appeasement.
10. Government of India Act, 1919 (Montagu-Chelmsford Reforms)
- Dual Government (Dyarchy) at provincial level:
- Reserved Subjects (e.g., police, finance) → Governor.
- Transferred Subjects (e.g., education, health) → Indian ministers.
-
Bicameral legislature at the centre:
- Council of State (Upper House)
- Legislative Assembly (Lower House)
- Extended communal representation (Sikhs, Christians, etc.).
- Created Public Service Commission (1926).
- Introduced direct elections for the first time.
- Failed due to complexity of dyarchy & limited autonomy.
11. Simon Commission (1927)
- All-White commission, no Indian member.
- Strongly boycotted.
- Led to civil disobedience movement.
12. Government of India Act, 1935 (Most Important)
- Based on Simon Commission Report + Round Table Conferences + White Paper.
- Federal structure (not implemented).
-
Provincial Autonomy introduced.
- Dyarchy abolished at provinces.
- Governors still had overriding powers.
- Dyarchy at Centre (never implemented).
- Bicameralism in provinces introduced (in some).
- Federal Court established (1937).
- Separate electorates continued.
- Burma and Aden separated from India.
- Provided for:
- All-India Federation
- Residuary powers to Viceroy
- Constitution of Independent India borrowed heavily from this Act.
13. Indian Independence Act, 1947
- Passed by British Parliament.
- Partitioned India into India and Pakistan.
- Ended British rule.
- India = Sovereign, Independent Nation.
- Constituent Assembly to frame Constitution.
- Governor-General to act as constitutional head.
- Princely states became free to join India or Pakistan.
- Abolished office of Secretary of State.
- India became Independent on 15 August 1947.
Summary of Evolution
Year | Act | Key Feature |
---|---|---|
1773 | Regulating Act | First step in central administration |
1784 | Pitt’s India Act | Dual control (Company + British Govt) |
1813 | Charter Act | End of trade monopoly |
1833 | Charter Act | Gov-Gen of India; end of commercial role |
1853 | Charter Act | Civil services on merit |
1858 | Govt of India Act | Crown rule begins |
1861 | Indian Councils Act | Indians in law-making |
1892 | Indian Councils Act | Indirect elections begin |
1909 | Morley-Minto Reforms | Separate electorates for Muslims |
1919 | Montagu-Chelmsford | Dyarchy at provinces |
1935 | Govt of India Act | Provincial Autonomy |
1947 | Indian Independence Act | India becomes free |