Constitutional Developments in India

The landmarks in the development of the Constitution are:

Regulating Act of 1773

• This was the first step taken by the British Government to control and regulate the affairs of the East India Company in India.
• Governor – General ‘s Executive Council created 4 members.
• It designated the Governor of Bengal as the Governor-General of Bengal. The first Governor-General was Lord Warren Hastings.
• It subordinated the Governors of Bombay and Madras to the Governor-General of Bengal. Thus beginning of Centralization in India.
• The Supreme Court was established at Fort William (Calcutta) as the Apex Court in 1774.

Pitt’s India Act of 1784

• It started double government in India.
• It brought down members of Governor- General’s executive council to 3 from 4.
• It was introduced to remove the drawbacks of the Regulating Act. It was named after the then British Prime Minister.
• It placed the Indian affairs under the direct control of the British Government.
• It established a Board of Control over the Court of Directors.

Charter Act of 1833

• The charter agreement between British government and company allowing the company to administer India for next 20 years.
• It made the Governor-General of Bengal as the Governor-General of India. First Governor-General of India was Lord William Bentick.
• All civil and military powers were vested in him.
• Governments of Bombay and Madras were deprived of their legislative powers.
• All powers were centralized in the hands of the Governor-General’s Council. Fourth member was added to the Governor- General’s Executive Council. This was the final step towards centralization in the British India.
• The Act ended the activities of the East India Company as a commercial body.

Charter Act of 1853

• It started first official legislature in India.
• Oral discussion were allowed in the house.
• A separate Governor for Bengal.
• The legislative and executive functions of the Governor-General’s Council were separated.
• It introduced a system of open competition as the basis for the recruitment of civil servants of the Company.

Government of India Act of 1858

• This Act transferred the Government, territories and revenues of India from the East India Company to the British Crown.In other words, the rule of Company was replaced by the rule of the Crown in India.

• The powers of the British Crown were to be exercised by the Secretary of State for India.

• The Secretary of State was a member of the British Cabinet. He was assisted by the Council of India, having 15 members. He was vested with complete authority and control over the Indian administration through the Governor-General as his agent. He was responsible ultimately to the British Parliament.

• The Governor-General was made the Viceroy of India.Lord Canning was the first Viceroy of India.

Indian Council Act of 1861

• It introduced for the first time the representative institutions for India.
• It provided that the Governor-General’s Executive Council should have some Indians as the non-official members while transacting the legislative businesses.
• It initiated the process of decentralisation by restoring the legislative powers to the Bombay and the Madras President.
• The viceroy was empowered to make allocation /transaction of business rules.
• It accorded ordinance making power to the viceroy.
• It accorded statutory recognition to the portfolio system.

India Council Act of 1892

• It introduced the principle of elections but in an indirect manner. Viceroy still retained the power of nomination.
• It increased the number of non-official members in the central and provincial legislative councils.
• It enlarged the functions of the Legislative Councils and gave them the power of discussing the Budget and addressing questions to the Executive.

Indian Councils Act of 1909

• This Act is also known as the Morley- Minto Reforms (Lord Morley was the then Secretary of State for India and Lord Minto was the then Governor-General of India).
• Imperial legislative council retained official majority whereas the provincial legislative council retained non- official majority.
• Introduction of indirect elections for Imperial legislative council and provincial legislative council.
• The power to put questions was extended by permitting supplementing questions subject to disallowance by the President.
• It changed the name of the Central Legislative Council to the Imperial Legislative Council.
• It introduced a system of communal representation for Muslims by accepting the concept of ‘separate electorate’. Lord Minto came to be known as the ‘Father of Communal Electorate’.

Government of India Act of 1919

• This Act is also known as the Montague- Chelmsford Reforms. Montague was the then Secretary of State and lord Chelmsford was the then Governor-General of India.
• The Central subjects were demarcated and separated from those of the Provincial subjects.
• The scheme of dual governance, ‘Dyarchy’, was introduced in the Provincial subjects.
• The Act introduced, for the first time, bicameralism and direct elections in the Country but on restricted franchise.
• Separate electorates for Sikhs, Christians and Anglo- Indians.
• The Act also required that the three of the six members of the Governor-General’s Council (other than Commander-in-Chief) were to be Indians.
• Budget except for certain reserved heads of expenditure were subject to vote.

Government of India Act of 1935

• The Act provided for the establishment of an All-India Federation consisting of the Provinces and the Princely States as units.
• The Act divided the powers between the Centre and the units in items of three lists, namely the Federal List, the Provincial List and the Concurrent List.
• The Federal List for the Centre consisted of 59 items, the Provincial List for the provinces consisted of 54 items and the Concurrent List for both consisted of 36 items.
• The residuary powers were vested with the Governor-General.
• The Act abolished the Dyarchy in the Provinces and introduced ‘Provincial Autonomy’.
• It provided for the adoption of Dyarchy at the Centre.
• Introduced bicameralism in 6 out of 11 Provinces.
• These six Provinces were Assam, Bengal, Bombay, Bihar, Madras and the United Province.
• Reserved electorates for Sikhs, Europeans, Indian Christians and Anglo Indians.
• It introduced Federal Court at Delhi .

Till 1947, the Government of India functioned under the provinces of the 1919 Act only. The provisions of 1935 Act relating to Federation and Dyarchy were never implemented.

The Executive Council provided by the 1919 Act continued to advice the Governor-General till 1947. It declared India as an Independent and Sovereign State. It established responsible Governments at both the Centre and the Provinces. It designated the Governor-General of India and the provincial Governors as the Constitutional Heads. It assigned dual functions (Constituent and Legislative) to the Constituent Assembly and declared this dominion legislature as a sovereign body.

• 1946 - Britain decides on to grant independence to India and cabinet mission is sent to India to discuss modalities for transfer of power
• 6 December 1947 - Constituent Assembly formally convenes for the first time to start the process of drafting a constitution.
• 4 November 1947 - Draft is finalized and submitted
• 26 November 1949 - Constituent Assembly officially adopts final draft of the constitution
• 26 January 1950 - New constitution coming into force

For Full Material Purchase IAS (Pre.) GS Study Kit in Hard Copy