Constitutional Development in Colonial Era

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Act Background Provisions

Regulating Act of 1773 EIC applies for1. Governor of Bengal became Governor
a loan while General of Bengal: Warren Hastings
its profits 2. Council of 4 provided
make up 3. Bombay and Madras legislative councils
folklore made subordinate to GG of Bengal
4. Private trade and bribes from natives
disallowed
5. ^]}]vP}(/[]]oUu]o]˙v
political affairs in India
6. Supreme Court in calcutta, 1774 Chief Justice
+ three judges
7. Governor General of Bengal: Warren Hastings
Amending Act of Supreme 1. Excluded Governor General v}v]o[
1781/ Act of Court ko karo activities done in official capacity +
Settlement less powerful Servants of company from jurisdiction of
the Supreme Court
2. Appeals from Provincial Courts to go to
Governor General in Council not the
Supreme Court
3. Exluded revenue matters arising from
revenue collection from the domain of
Supreme Court
4. Limited jurisdiction of SC to all inhabitants
of Calcutta
5. Hindus: Hindu law, Muslims:
Mohammaden law
6. For provincial courts and councils, GG in
council to frame laws
Pitts India Act 1784 Regulating Act 1. Double Government
not regulating 2. Political and commercial role separated
enough 3. Board of Control to supervise political,
military and revenue affairs of BRITISH
POSSESSIONS IN INDIA
4. Court of Directors: commercial role
5. VVIP because
a. First ]u^]]Z}]}v_
b. And because British Government
Warren Hastings overarching influence over
}uv˙[((]
Act of 1786 Cornwallis ji Cornwallis being the royalty he was demanded:
ko bulawa 1. Power to override his council in special
occassions
2. Power to also be Commander in chief
Charter Act of 1793 1. Powers given to Cornwallis extended to all
future GGs
2. /v’’[}`}}u˙v
Madras Presidencies
3. Extended trade monopoly of EIC for
another 20 years until Charter 1814 that is
4. HOME CHARGES: Members of Board of
Control to be paid from Revenues of India
5. Commander in Chief not to be treated as
John Shore uu}(’’[}v]ovo}
appointed
Charter Act of 1813 Napoleon 1. End of EIC monopoly over trade with India
Blockade except in Tea and in trade with China
2. Primarily because of the economic
v]˙˙E}o}v[o}l
3. 1 Lakh for education; released by 1823
4. Missionaries allowed for the first time
5. Local bodies can impose taxes,
punishments for non payment
6. Asserted SOVEREIGNTY OF BRITISH
Gilbert Elliot-Murray- ZKtE}}uv˙[]}]]v
Kynynmound, 1st Earl India
of Minto
Charter Act of 1833/ 1. Lord William Bentick first Governor
also called St. Helena General of India
Act 2. Creation of a Government of all of India
3. Bombay and Madras deprived of all
legislative powers
4. All legislative and executive powers
concentrated in the hands of the Governor
General of India
5. End of EIC as a commercial body, now
purely an administrative body
x Bengal Sati 6. EIC held the territories of India in the
Regulation 1829 name of the majesty and his heirs, as a
x First Governor trust
General of India 7. Henceforth, Acts not regulations
x Mahalwari
System
Charter Act of 1853 1. Mini Parliament: first ever recognition of
legislation as a separate responsibility:
s]}˙[>P]o]}v cil
2. Also provided for local representation in
the expanded council//4 members
appointed by local provincial governments
3. ˘v}uv˙[}]}v}(Z
territories of India under trust of the
Dalhousie Crown
x Railways 1853: 4. But without any date of extension like
Bombay to previously 20 years
Thane 5. Open Civil Services Examination: Macaulay
x Telegraph Committee, exam by 1855
x Widow
Remarriage act 1845-46: Lord Hardinge: First Anglo Sikh
1856 1848-49: Dalhousie: Second Anglo Sikh
x Second Anglo
Sikh War
Good Government Act 1. We do not intend to annex any more
1858 territory
2. Not major administrative changes
3. Viceroy of India as direct representative of
the Crown: Charles Canning first
4. End of Double Government: abolished
Court of Directors and Board of Control
5. Secretary of State
6. 15 member Council of India
7. SoS as head of the Council of India
Canning
8. SoS in Council as body corporate; could be
sued and could sue

Indian Councils Act of 1. First Association of Indians in lawmaking


1861 process: Raja of Benaras,
2. Restored legislative powers of Madras
and Bombay
3. New Legislative Councils for Bengal,
Punjab and NWFP
4. Therefore, reversing the centralising
tendency normalised beginning 1773 and
reaching heights by 1833
5. Portfolio System: Lord Canning
1858-1862: Canning
6. Issue ordinances when legislative council
not in session; when Emergency, life of
such ordinance is 6 months
Indian Councils Act of Features of the Act of 1892
1892 1. Increased additional members but
maintained official majority at both levels
2. Nomination of members in Legislative
Council;
a. in Central: by Viceroy on
recommendation of provincial
legislative council and Bengal
Chamber of Commerce and in
LORD LANDSDOWNE b. Provinces: on recommendation of
district boards, municipalities,
district boards, municipalities,
trade association etc.

GOI Act of 1909: Formation of 1. Expanded Legislative Councils at both


Morley Minto AIML : 1907: levels
Delhi 2. Non Official majority in provinces, Official
Proposals: in Centre
representation 3. Also expanded the powers to discuss, vote
in excess of and ask supplementary questions over the
numbers to Budget
acknowledge 4. Separate Electorates introduced
contribution 5. First ever association of Indian Member in
of Muslims Executive Council: Satyendra Sinha; Law
Minto Sahab
Member
6. Representation for Presidency
x Newspapers
(Incitement to corporation, chambers of commerce,
offences) Act, universities and zamindars
1908, 7. Minto: Father of Communal
x Explosive Representation
Substances Act,
x Deportation of
Lala Lajpat Rai
and Ajit Singh
to Mandalay
Jail (1907),
x Surat Split
(1907),
x Trial of Bal
Gangadhar Tilak
(1908),
x Foundation of
the Indian
Muslim League
(1906),
x Indian Home
Rule Society in
England by
Shyamji Verma,
GOI Act of 1919: 1. Provinces
Montague Chelmsford a. Dyarchy: transferred and reserved
2. Centre
a. Central and Provincial subjects
separated
b. Central and Provincial budgets
separated; Provincial legislature can
enact own budgets
c. Bicameralism: most directly elected
3. Separate Electorate extended to: Sikhs,
Christians, Anglo Indians, Europeans
1916-21: Chelmsford
4. Franchise also extended, propertied class
x Lucknow Pact
probably
x NCM
5. CPSC: Central Public Service Commission:
x Khilafat
1926 established
x Rowlatt
6. 3 out of 6 members }(s]}˙[˘]
x Jallianwala
x Third Afghan
Council, except the Chief Commissioner:
x August Indian
Declaration 7. High Commissioner for India in London
8. Commission to review its functioning after
10 years: SIMON COMMISSION
GOI Act of 1935 1. Provinces
a. End of Dyarchy
b. Era of Provincial autonomy: work as
autonomous units
c. Responsible Government: Governor
to act with Council of Ministers:
1937-39
d. Bicameralism: 6 out of 11 provinces
2. Centre
a. Federal System: Centre, Provincial
Lord Willingdon: 1931- and residuary: never happened
36 princely states did not join
x 2nd and 3rd RTC b. Dyarchy envisaged:never actualised
x Separation of 3. Federal Provisions
Burma from a. Federal System: Centre, Provincial
India 1935 and residuary: never happened;
x Mc Donald princely states did not join
award and b. Federal, Provincial and Joint Public
Poona Pact Services Commission
c. Federal Court: established 1937
4. Reserve Bank of India
5. Extension of Franchise to 10% of
Population
6. Extension of Separate Electorate to:
Women, labour, scheduled castes
7. Council of India estb by 1858 act
abolished; in its place team of advisors
provided to Secretary of State
Independence of India 1. End of British rule, India as sovereign state.
Act 1947 2. Partition of India with two Independent
domains with right to secede from British
Commonwealth.
3. End of British Paramountcy and treaty
relations with tribals
4. Princely states: 3 alternatives
5. v}(Di˙[]PZ}}v reserve;
but Governor General of India may assent
or perform such duties in the name of his
Majesty
1947-48 6. The Governor General to be appointed by
x o[ the British King; but on advice of
announcement? }u]v]}v[]v
x Pakistan Day 7. Frame constitution, repeal British Acts
x Dickie Bird Plan
8. May continue with GOI ACT 1935
x June 3 Plan
meanwhile
x Partition
9. No British act applies unless the dominion
x Radcliffe
extends it to itself
Commission
x Chose 15 Aug
10.Secretary of State over-power to Secretary
because date of of State for Commonwealth Affairs
Japanese 11.1 It deprived the British Monarch of his
surrender right to veto bills or ask for reservation of
certain bills for his approval. But, this right
was reserved for the Governor-General.
The Governor-General would have full
power to assent to any bill in the name of
His Majesty.
12.Governor General of India and provincial
governors as Nominal/Constitutional
heads of statesv act on advice of
respective council of states
13.Emperor of India dropped-royal titles
14.SoS appointment to Civil services and
reservation of posts over

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