Evolution of Governance in British India

Regulating Act of 1773 Back ground

• Failure of Robert Clive's Dual Government in Bengal.

• Massive Famine that hit Bengal in 1770s.
• East India Company in debt and the demand of 1 million £
from the British Government by the Company.
• Rampant corruption and nepotism among the company
officials- private trade that the company officials indulged
in.
• The British Government wanted to regulate the Company
affairs.
• The defeat of the company against Haider Ali of Mysore in 1769.
The Act
• It only sought to regulate the Company's affairs in India and
left the Company in charge of all the areas under its control.
• The Act remodelled the Constitution of the Company both in England
and in India. In England, the right to vote in the Court of Proprietors was
raised from £500 to £1,000. It was provided that the Court of
Directors, hitherto elected every year, was henceforth to be
elected for four years. The number of Directors was fixed at 24,
one-fourth retiring every year. The Directors were required to
“lay before the Treasury all correspondence from India dealing
with the revenues and before a Secretary of stage everything
dealing with civil and military administration.” Thus, for the
first time the British Cabinet was given the right of controlling
Indian affairs, although the right was imperfect.
• The Act made the Governor of Bengal the Governor General
of the Presidency of Fort William(Bengal) and he was to be
assisted by a council of four members and together they were to
be called the Governor General in Council. Decisions were made
by a majority obtained amongst the council members with the GG
having the power to put a casting vote only. Warren Hastings
became the first Governor General of Bengal.
• The Governors in Council of Madras and Bombay were
subordinated to the Governor General of Bengal especially in
matters of foreign affairs. This meant that the Governors of
Bombay and Madras could not wage war and make peace
against Indian rulers without the consent of Bengal. The
Governors were to send regularly to the GG information
connected with government, revenues etc. Thus were laid the
foundations for central administration.
• It established a Supreme Court of Justice at Calcutta (estb in
1774) comprised of a Chief Justice and three other judges. Sir
Elijah Impey was appointed as the Chief Justice and the
Supreme Court had jurisdiction in civil, criminal and
ecclesiastical matters over British subjects. However in
Calcutta and its Subordinate factories the Court exercised

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 jurisdiction over all persons, Indian or European. However
outside Calcutta complaints against and between Indians
could be heard by the said court only with the consent of the
parties.
• The Supreme Court's powers were not well defined. By an
amendment moved in 1881 the actions of the Company Officials
in their professional capacity were exempted from the
jurisdiction of the Supreme Court.
• To Check corrupting amongst the Company Officials the Act
provided for payment of liberal salaries and prohibited
immoral activities such as private trade, receiving or giving
bribes, money lending etc.

Pitts India Act of 1784 Background

• Assumption of the office of the Prime Minister by William Pitt.

• The Act was aimed to remove the weaknesses of the Regulating
Act and bring the Company's administration in India under
the supreme control of the British Parliament.
The Provisions of the Act

• The Act appointed a Board of six Commissioners called the

Board of Control and made it responsible for political affairs.
• The Act of 1784 introduced changes mainly in the Company’s Home
Government in London. It greatly extended the control of the State over
the company’s affairs. While the patronage of the Company was left
untouched, all civil, military and revenue affairs were to be controlled by a
Board popularly known as the Board of Control, consisting of the
Chancellor of the Exchequer, one of the principal Secretaries of State and
four members of the privy council appointed by the King. A Secret
Committee of three directors was to be the channel through which
important orders of the Board were to be transmitted to India. The Court
of Proprietors lost the right to rescind, suspend or revoke any resolution of
the Directors which was approved by the Board of Control.
• The Court of Directors of the Company were to manage the
commercial affairs of the company. The company also retained
their patronage that is the power of appointment and dismissal
of the Company's servants. The right of the company on its
territorial possessions was also not touched. In this way form
of Double Government was introduced.
• The aim was to allow the Company to rule, and the Board to
control. The power of the Board was veiled that is the Board's
approval was necessary for all dispatches that were not purely
commercial.
• The Act placed the civil and military governments of the
company in due subordination to the Government in England.

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 • The President of the Board of Control was ultimately responsible
for the Government of British India until he was succeeded by
the Secretary of State for India.
• The number of members in the Governor General's council
was reduced to 3, so that even if one member of the council
supported the Governor General, he could have his way.
• The power of the Governor General in Council over
subordinate presidencies was extended to include all matters
of war, diplomatic relations and revenue.
• The Act was an effective instrument of control and worked with
slight alterations to 1858.
• A separate act passed in 1786 united the office of the
Governor General and the Commander-in-Chief in the same
person.

The Charter Act of 1793

• In 1793, the Company’s commercial privileges were extended for

another twenty years. The power which had been specially given
to Cornwallis on his appointment to override his Council was
extended to all future Governors-General and Governors.
Charter Act of 1813 Background

• By 1813, The Company's territories in India greatly expanded

and it was considered nearly impossible for the Company to
function both as a commercial as well as political entity.
• Laissez Faire Policy
• Napoleon's Continental System had crippled the British trade
in Europe.
• East India Companies monopoly over the Indian trade which
was previously renewed by the Charter Act of 1793 was heavily
criticised.
The Provisions of the Act
• The Act renewed the Company's charter for the next 20 years
but ended its monopoly of trade with India. It however retained
its monopoly in tea trade and trade with China. Indian trade
was thrown open to all British merchants.
• The act explicitly declared the sovereignty of the Crown over the
territories in India.
• It allowed Christian missionaries to come to India and this
marked the beginning of ecclesiastical settlements in India.
• It provided for a yearly fund of { 1 lakh for the promotion of
literature and science among the Indian subjects. This move
marked the beginning of State responsibility for education.

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Charter Act of 1833 Background

• Industrial revolution had turned Britain into a manufacturer

of cotton textiles and other factory made goods.
• Popular desire for trade free from monopolies and restrictions.
The Provisions of the Act

• The Company's monopoly Of trade with China and in tea trade

with India was ended.
• An Indian Law Commission was appointed for the codification of
existing laws. Lord Macaulay was made the President of the law
commission. It is this law commission that gave us the Indian
Penal Code and the Codes of Civil and Criminal procedure.
• The Governor General's executive council was enlarged by the
addition of a fourth member and the new(fourth)member was the
Law member and his work was only to join the council while the
council met to Legislate. Lord Macaulay was appointed the law
member.
• The Governor General of Bengal was made the Governor
General of India. The Bombay and Madras presidencies were
placed under the complete control of the Governor General.
• The act also brought about legislative centralisation where in
The Governor General in Council was given the power to
legislate for the whole of the British territories in India while the
legislative powers of other presidencies were simultaneously
ended.
• The act ended the legal barrier on the colonisation of India by
Europeans as it allowed emigration of Europeans into India and
acquisition of land and property by them.
• The Act directed the Governor General to abolish slavery in
India and it was eventually abolished in 1843.
• Section 87 of the act provided for the education and
employment of Indians in public services. Accordingly Indians
with eligibility irrespective of the religion, colour, place of birth
etc. were to be given a chance to enter into the public
services.
With the prospect of declining income from trade, the
companies financial base began to shift from trade and
commerce to land revenue, from business of trade to business
of government.

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Charter Act of 1853

Background

• After the near takeover of affairs by the Government, further

advancement in the authority of the govt was kind of obvious.
The Provisions of the Act

• After the Company disappeared as a commercial agency, it

remained as a political agent for the crown.
• The separation of executive and legislative functions was carried
out further. The Law member was made a full time member of
the Governor General's executive council and this council while
sitting in its legislative capacity was enlarged by the addition of
six members.
• Thus the Central Legislature was formed, though no Indian
element was associated with the legislative Council.
• Clear distinction was made between legislative counsellors and
executive councillors; legislation was for the first time treated as
a special function of the govern men t.
• The business of the legislative Council was to be conducted on
the lines of the British Parliament. Questions could be asked,
policy of the executive council could be discussed, government
could be criticised for its lapses, bills were referred to the select
committees and legislative business was conducted in public.
The executive council retained the power to veto a bill of the
Legislative Council.
• The Court of Directors was divested of its patronage and
appointment to civil and other public services were thrown open
to competitive examinations.
Indian Councils Act of 1861 Background

• Resentment expressed by the Provincial governments at losing

the power of law making. Central Legislature was ill fitted for the
job of law making as it was ignorant of the local conditions.
• The act of 1853 had set up the legislative Council as a
debating society or a petty Parliament. With the council
adopting formalities of Parliamentary procedures, the
business before the House got delayed.
• The revolt of 1857 and its after-effects.
The Provisions of the Act

• A fifth member was added to the viceroys executive council and

each of the executive members were handed down individual
portfolios there by starting the system of Cabinet in India.
• For legislative purposes the Governor General's council was
enlarged. Between 6 to 12 members were added to the Council
all nominated by the GG.
• The members were appointed for a period of two years and half

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 of the additional members were to be non-officials (both Indian
and British). Their activities were confined only to law making
and its development into debating body was nullified.
• Maharaja of Banaras , maharaja of Patiala and Raja Dinkar Rao
were nominated as Indian members to the legislative Council.
• The Governor general had the power to veto the legislation of
the council and he also had the power to promulgate
ordinances without the consent of the legislative Council during
emergency.
• The Secretary of State for India in London could overrule any
law passed by the Governor general and his legislative Council.
• The Presidencies of Bombay and Madras were restored with
their authority to make laws which had been taken away by the
Charter act of 1833. But the legislative council in Calcutta still
had the sweeping authority to pass laws for the whole of British
India.
• The act allowed establishment of new councils in the
Presidencies of Bombay and Madras and also other provinces
like the NWFP , Burma and Punjab later on.
• But none of the laws passed by these provincial councils were
to be valid until they received the assent of the GG.
Indian councils act of 1892 Background

• The act of 1892 was merely and amending act and to provide
further opportunities to non-officials and the native elements in
Indian society to take part in the work of the government.
• The activities of pre-Congress organisations and Indian
National Congress and their reactions to unpopular British
policies and decisions.
The Provisions of the Act

• The Act enlarged the Governor General 's legislative Council and
the number of additional members increased to not less than
10 and not more than 16 and at least half were to be non-
officials.

• The significant feature of the Indian Councils Act of 1892 was the
principle of election which it introduced, though the world ‘election’
was very carefully avoided in it. In addition to the officials, the
Central Legislature was to have elected non-officials whose number
was to be five and who were to be elected one each by the non-
official members of the four Provincial Legislatures of Madras,
Bombay, Bengal and the North-Western Provinces and one by the
Calcutta Chamber of Commerce. The other five non-officials were
nominated by the Governor-General. In the case of the Provincial
Legislatures, the bodies permitted to elect members were
Municipalities, District Boards, Universities and the Chambers of
Commerce.

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 • The number of additional members for provinces range between
8 to 20. However in the centre as well as the provinces, official
majority was maintain(the official members together with ex-
Officio members constituted official majority).
• Under this act Limited or indirectly election to Provincial
Legislative Councils we're introduced. Although the word
election was not mentioned.
• Municipalities and District boards along with institutions like
Universities, commercial entities like Chambers of Commerce
and landholders elected their representatives and forwarded
their names. These names were always accepted by the
government. In this way these members were in fact elected
members. However these members occupied the seats in the
Council not as a representative of the various bodies but as
nominees of the Governors.
• The act allowed the members of the Central Legislature to hold
discussion on the budget. But the budget was unalterable. They
could also ask the government questions on matters of public
interest after six days of notice.
• Supplementary questions were not allowed.
Minto- Morley Reforms/ GOI 1909 Background

• Partition of Bengal
• Demand for Swaraj by the Congress
• Formation of the Muslim League
• Rising Extremism in Indian Politics.
Provisions of the Act

• The size of both the Central and Provincial legislatures were

enlarged.
• The number of legislative members at the centre was increased
from 16 to 60. This was excluding the ex officio members, the ex
officio members being the Governor General and his Executive
Council.
• The numbers in Provincial Legislature was also increased but the
numbers weren't uniform, Councils of Bombay, Madras and
Bengal got 50 members in their Council.
• For the first time a non-official majority was established at the
Provincial level.
• In the Imperial Legislative Council, the number of members
reached 68,36 were officials and 32 were non-officials of the 32
non officials, 5 were nominated and of the remaining 27 seats 8
were reserved for the Muslims under the newly introduced
scheme of separate electorates.
• Close to 13 seats were kept open to indirect elections.
• The elected members were to be indirectly elected. The local
bodies were to elect an electoral college which used to elect the
members of the provincial legislatures. The members of the

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 provincial legislatures then went on to elect the members of
the imperial legislative Council.
• Besides Separate electorates for the Muslims, seats in excess of
their population was awarded to the Muslims . The income
qualification for the Muslim voters were kept lower when compared
to the Hindu voters .
• both the central and state legislators good now ask questions,
put on supplementary questions and could also vote upon
certain items in the budget. But the entire budget what's not
to be put to vote by the Legislature.
• One Indian was to be appointed to the viceroys executive
council and Satyendra Nath Sinha was the 1st to be appointed
to the council.
Montague- Chelmsford Reforms/GO! 1919 Background

• Growing pressure by the Congress.

• Change in the Governance structure after the World war .
• Impact of the Home Rule League.
Provisions of the Act

• The size of the Provincial Legislature was expanded and 70% of

the members were now to be elected .
• Diarchy Introduced-Provincial subjects were categorised into
two- Reserved subjects and Transferred subjects.
• The Governor was the head of the provincial government and he
was in charge of the Reserved list along with his executive
councillors.
• Reserved list included law and order, finance, land revenue etc.
• The transferred list was governed by the Governor in consultation
with the ministers who were members of the provincial council.
The ministers were collectively responsible to the provincial
legislature.
• Transferred list included health, education, religious
endowments etc.
• The provincial governor could veto any bill and he could still
promulgate ordinances .
• The Secretary of State for India and the Viceroy could interfere
with matters on the Reserved list but such interference was
restricted when it came to Transferred list.
• in case of failure of constitutional machinery in the state the
Governor could take over the administration of the province
completely including that of the transfer list.
• Women were given the right to vote.
• The method of indirect elections as prevalent under the 1909
Act was done away with and for the first time that elections
were introduced.
• A bicameral Legislature was constituted for the centre and the
two houses were the Legislative Assembly and the Council of

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 States.
• The Indian legislative assembly consisted of 145 members of
whom 42 were to be nominated and hundred and forward to be
elected members. Off the
104 elected members, 52 were to be elected by the general
constituencies, 32 by the communal constituencies (30 by the
Muslims, 2 by the Sikhs).
• The system of communal electorate continued and was
extended to the Sikhs as well.
• The council of state was to consist of 60 members, 26 of whom
were to be nominated by the Governor general and 34 were to be
elected, does introducing an elected majority.
• The members were called honourable. Women were not allowed
to be a member of the house.

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