Dr. Ram Prasath Manohar IAS

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Dr. Ram

Study Materials

Historical Underpinnings

Historical Underpinnings

Important Dates

  • 1600: The East India Company got the exclusive right of trading in India under the charter granted by Queen Elizabeth I.
  • 1608: The British came to India as traders in the form of the East India Company.
  • 1765: The Company obtained the diwani rights of Bengal, Bihar, and Orissa.
  • 1858: The British Crown assumed the direct responsibility for the governance of India in the wake of the ‘Sepoy Mutiny’.

Constitutional Developments under the Company Rule (1773–1853)

Act / Year

Major Provisions / Features

Significance / Impact

Regulating Act, 1773

  • The Governor of Bengal became Governor-General of Bengal (Warren Hastings first GG of Bengal).
  • Governors of Bombay & Madras were made subordinate to the GG of Bengal.
  • Created the Supreme Court at Calcutta (1774) with a Chief Justice & 3 judges.
  • Prohibited the servants of the Company from engaging in any private trade.
  • Court of Directors (CoD) to report on Indian affairs to the British Government.
  • The first step taken by the British Government to control and regulate the affairs of the East India Company in India.
  • For the first time, the political and administrative functions of the Company were recognized.
  • Laid the foundations of central administration in India.

Pitt’s India Act, 1784

  • Established a dual system of control — Board of Control for political matters and Court of Directors for commercial matters.
  • Reduced the Company’s autonomy; the British Government strengthened its authority over Indian administration.
  • The company’s territories in India were, for the first time, called “British possessions in India.”
  • The British Government was given supreme control over the Company’s affairs and its administration in India.

Charter Act, 1813

  • Abolished the East India Company’s trade monopoly in India, except for trade in tea and opium with China, which continued.
  • Allowed Christian missionaries to come to India for the purpose of enlightening the people.
  • Provided for the spread of western education among the inhabitants of British territories in India (₹1 lakh per year for education).
  • Authorised local governments to impose taxes on persons, but they could not punish individuals for non-payment.
  • Marked the beginning of State involvement in education in India.
  • Opened India to other British traders and missionaries.

Charter Act, 1833

  • The Governor-General of Bengal was made Governor-General of India, with all civil and military powers (Lord William Bentinck = first GG of India).
  • The Governors of Bombay and Madras were deprived of their legislative powers.
  • Ended the commercial activities of the East India Company — it became purely administrative.
  • Attempted to introduce open competition for civil services, but this was later rejected due to opposition from the Court of Directors.
  • Final step towards centralisation of Indian administration.
  • Laid the foundation for the Indian Civil Service (ICS).
  • Marked a major shift from a commercial body to an administrative body.

Charter Act, 1853

  • Separated the legislative and executive functions of the Governor-General’s Council.
  • Added 6 new legislative members, marking the beginning of a separate Legislative Council.
  • Introduced open competition in civil services (merit-based recruitment).
  • Extended the Company’s rule without prescribing a fixed tenure.
  • First time Indians got representation in the legislative process.
  • Laid the foundation of modern bureaucracy and legislature in India.

Constitutional Developments under the Crown Rule (1858–1947)

Act / Year

Major Provisions / Features

Significance / Impact

Government of India Act, 1858

  • India to be governed in the name of Her Majesty.
  • Governor-General of India redesignated as Viceroy of India (Lord Canning became the first Viceroy).
  • Ended the system of double government by abolishing the Board of Control and Court of Directors.
  • Created the Secretary of State for India, holding complete authority over Indian administration.
  • Established a 15-member Council of India to assist the Secretary of State (purely advisory).
  • Secretary of State-in-Council constituted as a body corporate, capable of suing and being sued in India and England.
  • Marked the beginning of direct Crown rule in India.
  • Strengthened the centralized bureaucracy under the British Parliament.
  • Increased British political control and reduced Company influence.

Indian Councils Act, 1861

  • Beginning of representative institutions—Indians associated with law-making for the first time.
  • Decentralization initiated—legislative powers restored to Bombay & Madras.
  • Provided for new Legislative Councils for Bengal, NW Provinces, and Punjab.
  • Empowered the Viceroy to make rules/orders for the convenient transaction of council business.
  • Recognized portfolio system (allocation of work among members).
  • Empowered the Viceroy to issue ordinances independently for emergencies.
  • Marked the shift from highly centralized rule to limited provincial decentralization.
  • First step towards the association of Indians in legislation.

Indian Councils Act, 1892

  • Increased the number of additional (non-official) members in Central & Provincial Councils, but official majority retained.
  • Expanded council functions—members could discuss the budget and question the executive (limited).
  • Provided for nomination of non-official members based on recommendations of Provincial Councils and local bodies.
  • Introduced indirect elections (nomination from local bodies).
  • Foundation of limited parliamentary practice.
  • The first faint beginning of electoral politics in India.

Indian Councils Act, 1909 (Morley–Minto Reforms)

  • Separate electorates for Muslims.
  • Increased size of Central & Provincial Councils.
  • Non-official majority in provinces.
  • Indians allowed in the Viceroy’s Executive Council (S.P. Sinha first).
  • Supplementary questions allowed.
  • First time communal representation was introduced (basis of communal politics).
  • Expanded legislative participation, but still limited powers.

Government of India Act, 1919 (Montagu–Chelmsford Reforms)

  • Introduced diarchy in provinces (Transferred vs Reserved subjects).
  • Bicameral legislature at the Centre.
  • Direct elections were introduced.
  • Separate provincial budgets.
  • Extended communal electorates.
  • Established Public Service Commission (1926).
  • Beginning of responsible government in provinces.
  • First time bicameralism and direct elections.

Government of India Act, 1935

  • Abolished provincial diarchy; introduced provincial autonomy.
  • Proposed All-India Federation (not implemented).
  • Introduced diarchy at the Centre (not implemented).
  • The Federal Court was established.
  • Franchise extended to 10% population.
  • RBI was established in 1935.
  • Blueprint of the Indian Constitution.
  • Basis for federal structure, judiciary, and provincial autonomy.

Indian Independence Act, 1947

  • Ended British rule; created two dominions—India & Pakistan.
  • Granted full sovereignty to both.
  • Viceroy replaced by Governor-General (of respective dominions).
  • Constituent Assemblies empowered to draft Constitutions.
  • Princely states are free to join either dominion.
  • Formal end of British sovereignty.
  • India became independent on 15 August 1947.
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