Historical Background

I. Introduction

• Britishers arrived in India in 1608 as traders (East India Company).
• Company had exclusive trading rights granted by Queen Elizabeth I in 1600.
• In 1765, Company obtained 'diwani' (revenue & civil justice rights) of Bengal, Bihar & Orissa, becoming a territorial power.
• In 1858, British Crown assumed direct governance after 'sepoy mutiny'.
• India gained independence on August 15, 1947.
• Constituent Assembly formed in 1946, Constitution came into being on January 26, 1950.
• Indian Constitution & polity's roots are in the British rule.

II. Two Major Headings

1. The Company Rule (1773-1858)
2. The Crown Rule (1858-1947)

III. The Company Rule (1773-1858)

• Regulating Act of 1773:
  • First step by British Govt. to control & regulate East India Company's affairs.
  • Recognized political and administrative functions of the Company.
  • Laid foundations for central administration in India.
  • Features:
    • Designated 'Governor of Bengal' as 'Governor-General of Bengal'.
    • Executive Council of 4 members to assist the Governor-General (First one was Lord Warren Hastings).
    • Governors of Bombay & Madras presidencies were made subordinate to Governor-General of Bengal.
    • Establishment of Supreme Court at Calcutta in 1774 (1 Chief Justice + 3 other judges).
    • Prohibited Company servants from private trade & accepting bribes.
    • Strengthened British Govt. control by requiring Court of Directors (governing body) to report on revenue, civil, & military affairs.
• Amending Act of 1781 (Act of Settlement):
  • To rectify defects of the Regulating Act of 1773.
  • Features:
    • Exempted Governor-General and Council from Supreme Court's jurisdiction for official acts. Also exempted Company servants for official actions.
    • Excluded revenue matters from Supreme Court's jurisdiction.
    • Supreme Court had jurisdiction over all inhabitants of Calcutta; administer personal laws of defendants (Hindu law for Hindus, Mohammedan law for Muslims).
    • Appeals from Provincial Courts taken to Governor-General-in-Council, not to the Supreme Court.
    • Empowered Governor-General-in-Council to frame regulations for Provincial Courts and Councils.
• Pitt's India Act of 1784:
  • Distinguished between commercial and political functions of the Company.
  • Allowed Court of Directors to manage commercial affairs, but created Board of Control to manage political affairs (Double government system).
  • Empowered Board of Control to supervise all operations of civil & military government/revenues.
  • Significance:
    • Company's territories in India were first called 'British possessions in India'.
    • British Government was given supreme control over Company's affairs & administration.
• Act of 1786:
  • Lord Cornwallis appointed as Governor-General of Bengal with 2 demands:
    • Power to override Council's decisions in special cases.
    • Also be the Commander-in-Chief.
  • Act of 1786 enacted to make these provisions.
• Charter Act of 1793:
  • Extended overriding power to future Governor-Generals & Governors of Presidencies.
  • Gave Governor-General more powers & control over governments of subordinate presidencies of Bombay & Madras.
  • Extended Company's trade monopoly for another 20 years.
  • Commander-in-Chief was not to be a member of the Governor-General's council, unless appointed.
  • Board of Control members & staff to be paid out of Indian revenues.
• Charter Act of 1813:
  • Abolished Company's trade monopoly in India (Indian trade open to all British merchants).
  • Continued Company's monopoly over tea trade & trade with China.
  • Asserted sovereignty of British Crown over Company's territories in India.
  • Allowed Christian missionaries to come to India.
  • Provided for spread of western education among inhabitants of British territories.
  • Authorized Local Governments in India to impose taxes and punish for non-payment.
• Charter Act of 1833:
  • Final step towards centralization in British India.
  • Governor-General of Bengal became Governor-General of India (Lord William Bentick was the first).
  • Vested in him all civil and military powers (Government of India with authority over entire territorial area possessed by the British in India).
  • Deprived Governors of Bombay & Madras of legislative powers.
  • Governor-General of India given exclusive legislative powers for British India. Laws previously called Regulations were now called Acts.
  • Ended East India Company's activities as a commercial body (purely administrative body); territories held 'in trust for His Majesty'.
  • Attempted to introduce open competition for selection of civil servants; Indians not debarred from holding office under Company (provision negated after opposition from Court of Directors).
• Charter Act of 1853:
  • Last of the series of Charter Acts.
  • Significant constitutional landmark.
  • Features:
    • Separated legislative & executive functions of Governor-General's council; added 6 legislative councillors.
    • Established separate Governor-General's legislative council (Indian/Central Legislative Council) functioned as mini-Parliament.
    • Introduced open competition for civil service selection (covenanted civil service open to Indians). Macaulay Committee appointed in 1854.
    • Extended Company's rule (but without specifying a period).
    • Introduced local representation in Indian (Central) Legislative Council (4 of 6 new members appointed by local governments of Madras, Bombay, Bengal, Agra).

IV. The Crown Rule (1858-1947)

• Government of India Act of 1858:

  • Enacted after Revolt of 1857 (First War of Independence).
  • Abolished East India Company; transferred powers, territories & revenues to British Crown.
  • Features:
    • India to be governed by and in the name of Her Majesty.
    • Designation of Governor-General changed to Viceroy of India (Lord Canning became the first Viceroy).
    • Ended double government system (abolished Board of Control & Court of Directors).
    • Created new office, Secretary of State for India, with complete authority & control; member of British Cabinet.
    • Established 15-member Council of India to assist Secretary of State (advisory body).
    • Constituted Secretary of State-in-Council as a body corporate, capable of suing and being sued.
    • Primarily improved administrative machinery to supervise and control Indian Government in England.

• Indian Councils Act of 1861:

  • British Govt. sought cooperation of Indians in administration after the revolt of 1857.
  • Three acts: 1861, 1892 and 1909.
  • Important landmark.
  • Features:
    • Beginning of representative institutions by associating Indians with the law-making process.
    • Viceroy nominated some Indians as non-official members of his expanded council.
    • Initiated decentralization by restoring legislative powers to Bombay & Madras Presidencies.
    • Legislative devolution resulted in near-complete internal autonomy to provinces in 1937.
    • Establishment of new legislative councils for Bengal, North-Western Provinces & Punjab.
    • Empowered Viceroy to make rules for convenient transaction of business and recognised 'portfolio' system.
    • Empowered Viceroy to issue ordinances without legislative council's concurrence during emergency (life of 6 months).

• Indian Councils Act of 1892:

  • Features:
    • Increased non-official members in Central & provincial legislative councils (but maintained official majority).
    • Increased functions of legislative councils & gave power of discussing budgets & addressing questions to the executive.
    • Provided for nomination of non-official members by Viceroy (on recommendation of provincial legislative councils & Bengal Chamber of Commerce) and by Governors (on recommendation of district boards, municipalities, universities, trade associations, zamindars & chambers).
    • Limited and indirect provision for election used for non-official seats (nomination was made on the recommendation of certain bodies).

• Indian Councils Act of 1909 (Morley-Minto Reforms):

  • Features:
    • Increased size of legislative councils (Central: 16 to 60).
    • Retained official majority in Central legislative council; allowed provincial legislative councils to have non-official majority.
    • Enlarged deliberative functions (allowed supplementary questions, resolutions on budget).
    • Provided for association of Indians with executive councils of Viceroy & Governors (Satyendra Prasad Sinha was the first Indian).
    • Introduced communal representation for Muslims (separate electorate); Act 'legalised communalism' and Lord Minto became known as the Father of Communal Electorate.
    • Provided separate representation for presidency corporations, chambers of commerce, universities & zamindars.

• Government of India Act of 1919 (Montagu-Chelmsford Reforms):

  • British Govt. objective = gradual introduction of responsible Government in India (August 20, 1917).
  • Features:
    • Classification of subjects into central & provincial.
    • Act relaxed central control over provinces; legislatures authorized to make laws.
    • Divided provincial subjects into transferred and reserved.
    • Transferred: Administered with aid of Ministers.
    • Reserved: Administered by Governor and his executive council (dyarchy - double rule - largely unsuccessful).
    • Introduced bicameralism & direct elections.
    • Indian legislative council replaced by Upper House (Council of State) & Lower House (Legislative Assembly).
    • 3 of 6 members of Viceroy's Executive Council (other than Commander-in-Chief) were to be Indian.
    • Extended communal representation to Sikhs, Indian Christians, Anglo-Indians, & Europeans.
    • Granted franchise to a limited number of people based on property, tax.
    • Created office of High Commissioner for India in London.

• Simon Commission

  • Appointed to report on the condition of India under its new Constitution.
  • All members of the commission were British; hence, all parties boycotted the commission.
  • recommended the abolition of dyarchy, extension of responsible Government in the provinces, establishment of a federation of British India and princely states, continuation of communal electorate and so on.

• Communal Award

  • Scheme of representation of the minorities.
  • continued separate electorates for the Muslims, Sikhs, Indian Christians, Anglo-Indians and Europeans but also extended it to the depressed classes (Scheduled Castes).

• Government of India Act of 1935:

  • Marked a second milestone towards a completely responsible government in India.
  • Features:
    • Provided for All-India Federation (provinces & princely states).
    • Divided powers into Federal, Provincial & Concurrent Lists.
    • Residuary powers to Viceroy.
    • Federation never came into being.
    • Abolished dyarchy in provinces & introduced provincial autonomy; Governor to act on ministers' advice.
    • Provided for dyarchy at the Centre (federal subjects divided), but never operated.
    • Introduced bicameralism in 6 of 11 provinces.
    • Reserved seats for depressed classes & extended special representation to women & labour.
    • Abolished Council of India; Secretary of State for India provided with advisors.
    • Extended franchise (14% of population got voting right).
    • Provided for Reserve Bank of India.
    • Provided for Federal, Provincial & Joint Public Service Commissions.
    • Provided for Federal Court (set up in 1937).
    • Separated Burma from India.
    • Created provinces of Orissa & Sind.
    • Safeguards to protect the interests of minorities.
    • Federal Railway Authority and Auditor-General of India

• Indian Independence Act of 1947:

  • British rule in India would end by June 30, 1948, after which power would be transferred to responsible Indian hands.
  • Features:
    • Ended British rule in India & declared it an independent & sovereign state from August 15, 1947.
    • Provided for partition of India & creation of India & Pakistan (right to secede from British Commonwealth).
    • Abolished office of Viceroy and appointed the Governor-General.
    • Empowered Constituent Assemblies to frame constitutions & repeal British Parliament acts.
    • Empowered Constituent Assemblies to legislate.
    • Abolished office of Secretary of State for India & transferred functions to Secretary of State for Commonwealth Affairs.
    • Proclaimed lapse of British paramountcy over princely states.
    • Freedom to princely states to join India, Pakistan, or remain independent.
    • Governance of dominions and provinces to follow GOI Act of 1935 until new Constitutions.
    • Deprived British Monarch of right to veto or reserve bills (right reserved for Governor-General).
    • Designated Governor-General & governors as constitutional heads of states.
    • Dropped title of Emperor of India from royal titles of King of England.
    • Discontinued appointment to civil services & reservation of posts by Secretary of State.
    • British rule ended at midnight of 14-15 August 1947.
    • Lord Mountbatten became the first Governor-General of the new Dominion of India.
    • Constituent Assembly became Parliament of the Indian Dominion.