SLIDE 1

Build up to the colonial rule and

Constitutional setup

Constitutional development of Pakistan

Lecture NO: 3
 LAWS TO SHOULDER THE BRITISH
SLIDE 3 EANSION

• First legislative enactment from the British parliament to be

applicable for subcontinent was the charter of 1600 granted by the
Queen Elizabeth-I 31th December. It focused mainly to allow the
company to import Spices. Some administrative powers to regulate
the internal affairs also formed the part of the charter.
• The second in line was the charter of 1601 Granted by king James.
This charter contained “perpetuity”. Later it was taken back
• Charter of 1661 By Charles-II
• AlliSLIDE 4 the company focused on acquiring more and more
this time
land as Mughal emperors did not interfered with the business
of the company.
• Charter of 1683 empowered the company to declare peace and
war and to raise and train army.
• The process of legislations continued with the following
legislations
• Charter of 1686
• Charter of 1698
• Charter of 1707
• Charter of 1799
 LEGISLATIVE CONTROL OF BRITISH
SLIDE 5 PARLIAMENT
• By the act of 1773 British parliament took control of the
administration of the company.
• Not only with respect to the internal administration but also by this
act British parliament appointed first governor General Warren
Hastings and established supreme court of Adjudicature.
• Later this act was amended by the act of 1781
• Act of 1784 placed the supreme authority of the company in the
hands of British parliament.
 SLIDE 7
• The act of 1788 and 1793 empowered the governor general and
governors to override the decisions of the board of control.
• By the act of 1813 the sovereignty of Britain was expressly
proclaimed.
• The Government of India Act 1833 fully declared the authority of
crown.
 THESLIDE
GOVERNMENT
6 OF INDIA ACT 1858
• It was in effect a constitutional document for colonial India.
• Territories of India which were under the control of Company were transferred
and vested to the crown
• Secretary of state who was to sit in parliament were given the powers which
were earlier vested with the board of directors of the company.
• A council of 15 members were established to conduct all the business of the
Government of India in U.K under the supervision of secretary of state.
• The secretary and council were indemnified against all personal liability
regarding the performance of official duties.
 CONSTITUTIONAL DEVELOPMENT
BETWEEN 1861 AND 1909

 The Indian councils act 1861 did not provide a framework for
legislation and administration within India thus this gap was filed b
various legislations, like The east India High courts of judicature act
1861.
 The Indian councils act 1892 was enacted to increase the members of
the Governor General’s council from 6 to 12
 INDIA COUNCILS ACT 1909

 Indian councils act 1909 also popularly Known as Minto-Marley reforms

 During this point of time there was a widespread political awakening amongst the
Indians.
 Enlarged the size of the legislative councils of the governor General.
 Indians were entitled to become members subject to the prior approval of the
governor general.
 Functions and powers of these legislative councils were increased. Members could
move resolutions and discuss the matters of public importance.
 INDIA COUNCILS ACT 1909

 Elections of the legislative councils were introduced however the

number of voters were limited due to the strict qualification
mechanism like education and property.
THANK YOU!
 GOVERNMENT OF INDIA ACT 1919

 The inadequacy of reforms in 1909 Act resulted in discontent and discontent in

Indians and gave rise to revolutionary and terrorist activities.
 The Preamble of the act provided the resort of British parliament to increase
the participation of Indians in day to day administration and for the gradual
development of self governing institutes.
Main highlights of the Act
1. Secretary of state of India was to be paid from the British purse.
2. Bicameral legislation i) Central legislative assembly and ii) Council of states
3. Direct elections for both houses with restricted franchise.
 GOVERNMENT OF INDIA ACT 1919

1. Duration the term of central legislative assembly was three years and council
od state was five years.
2. Governor General had the powers to summon, prorogue and dissolve the
assembly.
3. Governor General had powers to issue ordinances.
4. Central legislature had the powers to pass laws on the all the subjects however
prior approval was required in certain matters.
 PRIOR APPROVAL IN CERTAIN MATTERS

 To abolish any high court approval was required from secretary of state in
council.
 Governor General’s sanction is required to introduce the bill on the following
subjects
1. Public revenues
2. Religious matters
3. Foreign relations
4. To repeal, amend any act passed by governor General
 EXECUTIVES

 Diarchy was introduced in the provinces.

 The executives were divided into two parts, one responsible to the legislatures and
Second responsible to the British parliament through Governors and governor
general.
 Concept of transferred subjects were introduced.
 Departs such as self government, education, public health, public works and
industries were entrusted to ministers who were elected members of the provincial
legislatures.
 Departments such as Police finance, land revenue, irrigation and canals headed by
the nominated officials from the governor general’s council.
 LEGISLATURES
 Two separate legislative lists were drawn Central list and provincial lists
 Central list include Defense, foreign affairs, communication, currency, tax, customs, posts
commerce.
 Provincial lists include health, sanitation, public work, agriculture, forest, justice.
 There was no concurrent list
 In central legislature, council of state was the upper house composed of 60 members 34
elected and remaining nominated. Out of 34 19 were elected from general constituencies and
the rest by communal and special constituencies.
 Legislative assembly was the lower house and had 145 members. 105 elected and the rest are
nominated.
 EVENTS LEADING TO 1935 ACT

 The period from 1919 to 1935 was the standpoint for the constitutional development
of India
 It all started with the enactment of “Anarchical and revolutionary crimes act 1919”
 a. No right to appeal
 b. Evidence admissible which is not otherwise
 c. Wide powers in matter of arrest, searches and confiscation.
 d. Quaid-e-Azam resigned in protest
 e. Satyagraha was launched By Gandhi, which was intended to be peaceful but turned
into violent protest.
 f. The worst incident took place on Amritsar where 400 died and 1200 wounded by
indiscriminate fire.
 Khilafat Movement started against the Britain for not keeping their promise
relating turkey in first world war.
 In 1925 a resolution was carried out in central assembly, advising a British
government to make fundamental changes in the constitution of India
 In 1927 British government appointed a commission headed by john Simon
comprising of Englishman.
 Nehru Report in August 1928
 1929 14 points of Jinnah
 1930 civil disobedience movement
THANK YOU !!