Polity Handout

Historical Background

Company Rule

Regulating Act 1773

Amending Act 1781
Pitt’s India Act 1784
Charter Act 1793
Charter Act 1813
Charter Act 1833
Charter Act 1853

Crown Rule

Government of India Act 1858

Indian Councils Act 1861
Indian Councils Act 1892
Indian Councils Act 1909
Government of India Act 1919
Company Rule(1773-1858)
Government of India Act 1935
Indian Independence Act 1947
Regulating Act 1773

• First step by British government to control and regulate the affairs of East
India Company
• The political and administrative functions of the company were recognised
• Governor of Bengal is designated as Governor General of Bengal
• Executive Council of 4 members appointed to assist him
• First Governor General of Bengal Lord Warren Hastings
• Governor of Bombay and Madras presidencies made subordinate to
Governor General of Bengal
• Establishment of Supreme Court at Calcutta 1774

First Chief Justice-Sir Eliza Imphey

• One Chief Justice and three other judges

• Private trade prohibited
• 24-Court of Directors to look after Revenue,Civil and Military affairs
Amending act of 1781
• Also known as Act of Settlement
• Powers of Supreme Court reduced and more powers to executive council
Pitt’s India act 1784
• Distinguished the commercial and political functions of the company
• Created new body
▪ Board of Control to manage the political affairs
▪ Court of directors to manage commercial affairs
• Established a system of double government
• British Government was given supreme control over company’s affairs and
its administration
• Executive Council 3 members
Charter act 1793

• Trade monopoly extended for 20 years

• Salary of Board of Control from Indian revenues
• Power of Executive Council reduced
• Power of Governor General of Bengal increased
Charter act 1813

• Abolished trade monopoly of East India company in India

• Indian trade was open to all British merchants

• It continue the monopoly of company over trade in tea and trade with China

• Allowed Christian missionaries to come to India

• It provided for the spread of Western education among the inhabitants of

British territories in India

• 1 lakh granted for Education

• Authorised Local Governments in India to impose taxes can also punish for
not paying the taxes

Charter act 1833

• Final step towards centralisation in British India

• Governor General of Bengal was made the Governor General of India
• First Governor General of India-Lord William Bentick

• Governor General of India was given exclusive legislative powers for the
entire British India
• It deprived the Governor of Bombay and Madras of their legislative powers
• East India Company become a purely administrative body, its activity as a
commercial body ended
• Idea of Open Competitive exam to Indians emerged
• 4th member added to Executive Council(Lord Maccauley) but takes care
of only legislative functions (no executive or judicial functions)

Charter act 1853

• Separated the legislative and executive functions of the Governor Generals

Council
• Addition of 6 new members called legislative councillors to the Council
• Established a separate Governor General Legislative Council which is known
as Indian (Central) Legislative Council
 • Introduced open competition system for selection and recruitment of civil
service
• Maccauley committee-The committee on Indian Civil Services was
appointed in 1854
• Company’s rule could be terminated at any time the Parliament liked
• It introduced for the first time local representation in Indian Legislative
Council
• Of the six new legislative members of the Governor General Council four
members were appointed by the local (provincial) governments of
Madras,Bombay,Bengal and Agra

The Crown rule 1858 to 1947

Government of India Act 1858

• Enacted in the wake of the 1857 revolt
• Also known as Act of Good Governance
• Abolished East India Company rule
Features of the act
• Designation changed from Governor General of India to Viceroy of India
• Viceroy was the direct representative of the British Crown in India
• Lord Canning became the first Viceroy of India
• Ended the system of double government
• Abolished Board of Control and Court of Directors
• Created an new office Secretary of State for India(complete authority and
control over Indian Administration)
• 15 member council was set up to assist the Secretary of State for India
Indian Councils act 1861
• Started the policy of association of Indians 1861,1892 and 1909
• Viceroy nominated 3 Indians as non official members in his Council
▪ Raja of Banaras

▪ Maharaja of Patiala

▪ Sir Dinker Rao

• Initiated process of decentralization

 • Restored the legislative powers of Bombay and Madras presidencies
• Provided for the establishment of new legislative councils Bengal 1862
Northwest provinces 1886 Punjab 1897
• Portfolio system introduced by Lord Canning
• Empower the Viceroy to issue ordinances during emergency
o Life of such ordinance was 6 months
• High Court introduced 1862
Indian Council act 1892
• Increased number of non official members in the Central and Provincial
Legislative Councils

• Legislative Council members can discuss budget and can address

questions to the executive

• Number of Legislative Council members increased from 12 to 16

• Indirect election to be held for Legislative Council

Indian Councils act 1909
• Also known as Morley Minto reforms
o Lord Morley Secretary of State for India
o Lord Minto Viceroy of India
• Number of members in Central Legislative Council was raised from 16 to 60
• Legislative Council members were allowed to ask supplementary questions
and can move resolutions on the budget
• Indians were associated in the Executive Council of the Viceroy
o Sathyendra Prasad Sinha became the first Indian to join the viceroy's
executive Council.He was appointed as the law member
• Executive Council members increased from 4 to 6
• Introduced a system of communal representation for Muslims
o Lord Minto Father of Communal Electorate
• Introduced to the concept of direct election
Government of India Act 1919
• On August 20,1917 the British government declared for the first time for the
gradual introduction of responsible government in India
• This act also known as Montegue Chelmsford reforms
• Montegue Secretary of State for India
• Chelmsford Viceroy of India
Features of the act

• The subjects were divided for administrative purpose into Central subjects
and Provincial subjects
• Dyarchy introduced in Provinces
• Provincial subjects were further divided as transferred and reserved subjects
• Transferred subjects include Public Health,Education,Local Self
Government,Agriculture
• Reserved subjects included Police,Administration of
justice,Prison,Land,Revenue and Finance
• Transfered subject administered by Governor with the aid of Ministers
responsible to Legislative Council
• Reserved subjects administered by the Governor and his executive Council
• Introduced for the first time bicameralism and direct elections in the
country
• Indian Legislative Council is replaced by bicameral legislature consisting of
Upper house and lower house
• Majority of the member of both the houses were chosen by direct election
• Communal representation extended to Sikhs,Indians Christians,Anglo
Indians and Europeans
• Franchise to Limited number of people on the basis of property,tax and
education
• New office of High Commissioner for India in London has been created
• Establishment of Public Service Commission
▪ Central Public Service Commission was set up in 1926 for
recruiting civil servants
• Separated Provincial budget from the Central budget and authorised
Provincial legislatures to enact their budgets
• Appointment of Statutory Commission to enquire and report the working of
1919 act after 10 years
Simon Commission-November 1927
• Submitted its report in 1930
• To consider the proposals of the commission three round table conferences
were made
 • On the basis of these discussions “White paper on constitutional reforms”
was prepared and submitted to the British Parliament
• Communal award-August 1932 Ramsay MacDonald announced a scheme
of Representation of minority known as communal award
• Extended separate electorates for depressed classes (scheduled caste)

Government of India Act 1935

• Great milestone towards complete responsible Government in India
• Lengthy and detailed document
• 321 sections and 10 schedules

Features of the act

• Establishment of All India Federation
• Powers divided between the centre and units in terms of three lists
▪ Federal list for Centre with 59 items
▪ Provincial list for provinces with 54 items
▪ Concurrent list for both with 36 items
• Residuary powers were given to the Viceroy
• It abolished dyarchy in the provinces and introduced provincial autonomy
• The provinces were allowed to act as autonomous units of administration in
their defined spheres
• Adoption of dyarchy in centre
o The federal subjects were divided into reserved subjects and
transferred subjects
• It introduced bicameralism in 6 out of 11 provinces
• Certain number of seats were reserved for depressed classes,women and
labours
• It abolished the Council of India established in the Government of India Act
1858
• Franchise was extended to about 14% of the total population
• It established for Reserve Bank of India(1935) to control the currency and
credit of the country
• Establishment of Federal Public Service Commission, Provincial Public
Service Commission and Joint Public Service Commission
• Establishment of Federal court 1937
• Separated Burma from India
 • It provided for the appointment of Auditor General of India to audit the
accounts of federation and the provinces
Indian Independence act 1947
• February 20,1947 British Prime Minister Clement Atlee declared that the
British rule in India would end by June 30,1948
• Partition plan-Mountbatten plan-June 3,1947
Features of the act
• It ended the British rule in India and declared India as an independent and
Sovereign state from August 15,1947
• Provided for partition of India with creation of 2 independent Dominions-
India and Pakistan
• Abolish the office of Viceroy and The Government of Britain has no
responsibility with Government of India or Pakistan
• Empowered constituent assembly for 2 dominions to frame and adopt any
constitutions for their Nation
• It has the power to repeal any act of British Parliament including the
Independence Act
• It empower the Constituent Assembly to legislate for their respective
territories
• It abolished the office of Secretary Of State for India and transferred his
functions to the Secretary Of State for Commonwealth affairs
• It proclaimed the lapse of British paramountcy over Indian princely states
• It granted freedom to the Indian princely states either to join the Dominion
of India or Dominion of Pakistan or to remain independent
• It provided for the Governance of each Dominion and Provinces by
Government of India Act,1935 till new constitution was formed
• It discontinued the appointment to civil services and reservation of post by
the Secretary of State for India
• Lord Mountbatten became the first Governor General of the new Dominion
of India
• He sworn in Jawaharlal Nehru as the first Prime Minister of Independent
India
• The Constituent Assembly of India formed in 1946 became the Parliament of
the Indian Dominion