Ch-01: Historical Background

1. Roots of the Indian Constitution In British era laws.

2. Chronological order of the laws.
3. The Company Rule (1773-1858)
4. The Crown Rule (1858-1947)

Laws under Company Rule

Regulating Act of 1773
1. First interference by the British Governmentt in the affairs of the East India
Company (EIC).
2. Foundation of Central Administration in India.
3. Government of Bengal designated as Government-General of Bengal.
4. Government-General made superior to Governments of Bombay & Madras.
5. established Executive Council of 4 members.
6. First Government-General was Warren Hastings.
7. established SC at Calcutta – 1 Chief Justice & 3 Judges.
8. Prohibited Company Servants from private practice.
9. Court of Directors required to report on Revenue, Military & Civil Affairs.

Pitt’s India Act of 1784

1. Created Board of Control to manage political functions.
2. BoC given complete control of Civil, Military & Revenue operations.
3. Court of Directors were limited to commercial affairs only.
4. Company Territories termed as ‘British Possessions in India’.

Charter Act of 1833

1. Government-General of Bengal made Government-General of India.
2. Vested with all Civil & Military powers.
3. Exclusive Legislative powers over all of British India.
4. Lord William Bentinck became first Government-General of India.
5. EIC was made purely administrative body with its commercial functions
abolished.
6. Also attempted to introduce open competition for the Civil Services but failed
due to opposition from the Court of Directors.
Charter Act of 1853
1. Added 6 new Legislative Councilors to Government-General Council.
2. Virtually established a separate Government-General’s Legislative Council. (later
known as Indian Legislative Council {ILC})
3. First special mechanism to legislate.
4. Open Competition for Civil Services was introduced.
5. Macaulay Committee (on Civil Services) was appointed in 1854.
6. Provided for provincial representation in ILC.
7. 4 out of 6 ILC members were appointed by Provincial Governments of Bombay,
Madras, Bengal & Agra.

Laws under the Crown Rule

Government of India Act of 1858
1. Abolished EIC. All of its powers shifted to The Crown.
2. Abolished Board of Control and Court of Directors.
3. Designation of Gov-General of India changed to the Viceroy of India.
4. Lord Canning became the first Viceroy of India.
5. established Secretary of State (SoS) for India.
6. With complete administrative authority.
7. Member of the British Cabinet.
8. established a 15 member Council of India to assist the SoS
9. (SoS was Chairman of the Council).

Indian Councils Act of 1861

1. Provided for Viceroy to nominate Indians to ILC.
2. Decentralisation of powers by restoring leg. powers to the Provincial
governments of Madras & Bombay.
3. New Legislative Councils for Bengal, NWFP & Punjab.
4. Introduced ‘portfolio system’ in Viceroy’s Executive Council.
5. Power to issue Ordinances given to the Viceroy without the concurrence of the
ILC.

Indian Councils Act of 1892

1. Increased Indian membership in ILC & Provincial LCs.
2. Increased functions and powers of ILC & PLCs.
3. Power to discuss Budget & addressing questions to exec.
4. Provided for nomination of some Indian members to ILC on the recommendation
of PLCs & Bengal Chamber of Commerce.
5. Provided for nomination of Indian Members in PLCs by the Governor on the
recommendation of Municipalities, Universities, trade associations, etc

Indian Councils Act of 1909

1. Also known as Morley-Minto Reforms.
2. Membership of ILC increased from 16 to 60.
3. Provided for Indian member to Exec. Council of Viceroy & Govs.
4. Allowed non-official majority in PLCs.
5. Introduced Separate Electorates for Muslims in ILC & PLCs.
6. Provided for separate representation for Univs, Presidency Corporations,
Chambers of Commerce & Zamindars.

Government of India Act of 1919

1. Also known as Montagu-Chelmsford Reforms.
2. Introduced separate Legislative Subject Lists.
3. Dyarchy introduced in Provinces.
4. Provincial list divided into Transferred and Reserved Subjects.
5. Bicameralism & Direct Election (limited Franchise) introduced to ILC.
6. 3 of 6 Viceroy’s Exec Council to be Indians.
7. Separate Electorates extended to Sikhs, Anglo-Indians, Indian Christians &
Europeans.
8. Created High Commissioner’s Office in London.
9. Prov to established Central Public Service Commission (established in 1926).
10. Created Provincial Budgets (power given to PLCs).

Simon Commission (1927)

1. Constituted to review the working of GoI Act of 1919.
2. Boycotted by all Parties as the Commission was All-White.
3. Made several recommendations in its report in 1930:
a) Abolition of Dyarchy/ established a Federation of Princely States & British
Provinces.
b) Three Round Table Conferences were called to discuss.

Communal Award (1932)

1. Announced Separate Electorates for SCs/ Opposed by Gandhi/
2. Poona Pact signed to give Reservations instead of Sep Elec.

Government of India Act of 1935

1. Prov for All-India Federation (with Princely States & Provinces).
2. Federal, Provincial & Concurrent Lists established.
a) Residuary powers given to Viceroy.
3. Abolished Dyarchy, introduced Provincial Autonomy.
4. Bicameralism introduced in PLCs.
5. Abolished Council of India.
6. Prov for established of Reserve Bank of India.
7. Prov to established Provincial Public Service Commission & Joint PSC.
8. Prov for established Federal Court (established 1937).

Indian Independence Act of 1947

1. Result of the acceptance of the Mountbatten Plan.
2. India declared as Independent & Sovereign.
3. Prov for Partition of India.
4. Replaced Viceroy with Gov-General of India.
5. Secretary of State abolished.
6. Constituent Assembly given full powers to legislate.
7. Granted freedom to Princely States.
8. Gov-General of India and Govs of Provinces were declared as nominal heads
only.