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:
    1. Reserved Subjects (e.g., police, finance) → Governor.
    2. Transferred Subjects (e.g., education, health) → Indian ministers.
  • Bicameral legislature at the centre:
    1. Council of State (Upper House)
    2. 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.
    1. Dyarchy abolished at provinces.
    2. 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:
    1. All-India Federation
    2. 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


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