Constitutional Development

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TOPICS COVERED

1. Constitutional Developments in India during


Company Rule
2. Development of Representative Government in
India
3. Development of the Responsible Government

Constitutional Developments in India during


Company Rule

1. REGULATING ACT OF 1773

 Beginning of control of British parliament over


East India Company
 Governor of Bengal became Governor-General
of Bengal
 First Governor-General of Bengal - Warren
Hastings
 The Bombay and Madras Presidency were made
subordinate to the Bengal Presidency in some
cases
 Establishment of the Supreme Court in Calcutta
in 1774. The Supreme court was comprised of
 1 Chief Justice
 3 Assistant Judges
 The Act prohibited the servants of the Company
from engaging in any private trade or accepting
presents or brides from the natives
 An Executive Council of four members was
created to assist the Governor-General
 The executive council had the right to make law

PITT’S INDIA ACT OF 1784

 Pitt’s India Act of 1784 rectified the defects of


the Regulating Act of 1773
 The Pitt’s Indis act made the company directly
subordinate to the British government
 The Act established a Board of Control
consisting six commissioners , including two
Cabinet ministers
 For the first time , the territories of East India
Company were called as the “ British
Possessions In India”
 The working domain of the Board of control
 Civil
 Military
 Revenue
 Working Domain of the Court of Directors
 Commercial activities
 Political affairs were managed by the Board of
Control while Commercial affairs were managed
by the Court of Directors. So, It established a
system of Double Government
 The Governor General’s Council was reduced
from 4 members to 3 members
 The Governors of Madras and Bombay were
made completely subordinate to the Governor-
General of Bengal

CHARTER ACT OF 1813

 The company’s rule was extended to another 20


years
 Their trade monopoly of EIC was ended except
for the trade in tea , opium and with China
 Company’s territories in India came under the
sovereignty of the British Crown
 The company was mandated to spend 1lakh for
each year for education from the income of the
company
 The local government was authorized to impose
taxes on people

CHARTER ACT OF 1833

 Governor-General of Bengal was made


Governor-General of India
 First Governor-General of India - Lord William
Bentick
 EIC became merely an administrative body
 Indian territories were to be administered in the
name of the British Emperor
 Indian’s first law commission was set up under
the act & Lord Macaulay was made its Chairman
 This act mandated that Indians should be
treated equally in appointment to any post
under the company
 Slavery was declared illegal in India

CHARTER ACT OF 1853

 For the first time , the legislative and executive


functions of the Governor-General ‘s council
were seprated
 It provided for the addition of six new members
called legislative councillors to the council
 It introduced an open competition system of
selection and recruitment of civil servants
 The convenant civil service was thus thrown
open to the Indians also
 The Act extended the company’s rule for an
indefinite period
 Since it did not mention any particular period,
the British Parliament could take over the
company’s rule in India at any time
 It introduced , for the first time, local
representation in the Indian ( Central )
Legislative Council

GOVERNMENT OF INDIA ACT OF 1858

 The Government of India Act of 1858 brought


an end to the rule of East India Company
 The powers were transferred to the British
Crown
 Governor-General of India was made viceroy of
the India
 1st Viceroy of India - Lord Canning
 Viceroy was the direct representative of the
British Crown in India
 It ended the system of double government by
abolishing the Board of Control and Court of
Directors
 A new office , Secretary of state for India was
created
 A 15 member council of India was set up to
assist the secretary of state for India
 Maximum age of entry into the civil service was
gradually reduced from 23 in 1859 to 19 in 1878

Development of Representative Government in


India
INDIAN COUNCIL ACT 1861

Nomination of additional members in the


executive council ; nomination of
additional 6-12 members
 Legislative Power to the Bombay and
Madras Presidencies were restored
Viceroy got the power to issue
ordinances

INDIAN COUNCIL ACT OF 1892

Additional members in the Central


legislative council ( minimum – 10
maximum – 16 )
Members in the executive council of
viceroy – 6
Use of election for the first time although
the word ‘election’ was not used
It increased the functions of legislative
councils and gave them the power of
discussing the budget & addressing
questions to the executive

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