The document outlines the major acts and reforms related to the constitutional development of India from 1773 to 1935. It discusses acts like the Regulating Act of 1773, Pitt's Indian Act of 1784, Charter Acts of 1793, 1813, 1833, 1853, and the Government of India Acts of 1858, 1909, and 1919. Some key reforms included separating political and commercial functions of the East India Company, increasing Indian representation, introducing elections, establishing viceroy rule, and gradually increasing self-governance and provincial autonomy in India. The acts helped centralize authority under the British and eventually transitioned colonial India to a more representative system of government.
The document outlines the major acts and reforms related to the constitutional development of India from 1773 to 1935. It discusses acts like the Regulating Act of 1773, Pitt's Indian Act of 1784, Charter Acts of 1793, 1813, 1833, 1853, and the Government of India Acts of 1858, 1909, and 1919. Some key reforms included separating political and commercial functions of the East India Company, increasing Indian representation, introducing elections, establishing viceroy rule, and gradually increasing self-governance and provincial autonomy in India. The acts helped centralize authority under the British and eventually transitioned colonial India to a more representative system of government.
The document outlines the major acts and reforms related to the constitutional development of India from 1773 to 1935. It discusses acts like the Regulating Act of 1773, Pitt's Indian Act of 1784, Charter Acts of 1793, 1813, 1833, 1853, and the Government of India Acts of 1858, 1909, and 1919. Some key reforms included separating political and commercial functions of the East India Company, increasing Indian representation, introducing elections, establishing viceroy rule, and gradually increasing self-governance and provincial autonomy in India. The acts helped centralize authority under the British and eventually transitioned colonial India to a more representative system of government.
The document outlines the major acts and reforms related to the constitutional development of India from 1773 to 1935. It discusses acts like the Regulating Act of 1773, Pitt's Indian Act of 1784, Charter Acts of 1793, 1813, 1833, 1853, and the Government of India Acts of 1858, 1909, and 1919. Some key reforms included separating political and commercial functions of the East India Company, increasing Indian representation, introducing elections, establishing viceroy rule, and gradually increasing self-governance and provincial autonomy in India. The acts helped centralize authority under the British and eventually transitioned colonial India to a more representative system of government.
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Constitutional
Development in India DR. S K YADAWA Synopsis The Regulating Act-1773 The Pitt’s Indian Act-1784 The Act of -1786 The Charter Act- 1793 The Charter Act- 1813 The Charter Act- 1833 The Charter Act- 1853 Conti….. ● The GOI Act -1858 ● The Council Act -1861 ● The Council Act -1892 ● The Council Act -1909 ● The govt. India Act -1919 ● The Govt. India Act -1935 ● The Crips Mission-1942 ● Wavell Plan/ Shimla Conference-1945 ● The Cabinet Mission-1946 Introduction Lack of central command and control Divided House Fighting Hostility European Power East Indian Company Colonialism begins from Bengal The East India Company-1600 Joint Stock Company ● Alivarda Khan -1740 to 1756 ● Siraj ud-Daulah ( Grandchild of Alivarda Khan) ● Mir Jafar ● Mir Qasim- 1760 -1763 ● Dual Administration- 1765-1772 Battel of Plassey( on the Ganga, in Nadia district) – June 23,1757- the victory of the British Battel of Boxer-1764- this decisive battle confirmed British power over Bengal and marked the end of the attempt to rule Bengal through a puppet Nawab. Dual Administration Misgovernance Rampant Corruption Over collection of taxation Famine in Bengal Attack of Hyder Ali on Karnataka London Stack Exchange- Prices of Share fell sharply. Demand for a government loan to Bank of England The Regulating Act -1773 1. It designated the Governor-General of Bengal and created an Executive Council of four members to assist the GG. 2. Warren Hastings was the first Governor-General of Bengal. 3. Governors of Bombay and Madras presidencies subordinate to the Governor-general of Bengal. 4. It provided for the establishment of a Supreme Court in Calcutta (1774) with one Chief Justice and three other Judges. 5. It prohibited the servants of the Company from engaging in any private trade or accepting presents or bribes from the natives. ● Short comings: ● Governor General’s lack of veto power. ● Most of the times councillors were busy in fighting. ● There was no defined jurisdiction of the Supreme Court. ● Pitt’s India Act named after the name of the then British PM William Pitts The Pitt’s India Act- 1784 • It bifurcated political and commercial functions of the company. • Dual Government: Created a Board of Directors to manage the political affairs while commercial affairs were managed by the Court of Directors. • Board of Directors was empowered to supervise and direct all operations of the civil and military government and revenues of the British possessions in India. ● Importance of the act • First time company’s possession was called as British possessions • British government was given the supreme control over Company’s affairs and its administration in India The Charter Act 1793 ● The East India Company’s dominance over the British possessions in India was maintained. ● The Company’s trade monopoly in India was extended for 20 years. ● In some circumstances Governor General can override the council’s judgement. ● When Governor General in Madras and Bombay , he can supersede the authority of Governors. ● Charter Act of 1813 • Continental System in the Napoleonic wars, the blockade designed by Napoleon to paralyze Britain through the destruction of commerce and the miseries it caused prompted the traders to pressurize the government to end the monopoly in trade that East India Company enjoyed. • The company’s rule was extended to another 20 years. • British merchants were allowed to trade in India, However, trade with China and the tea and opium trade, the company still retained its monopoly. • It provided for a financial grant towards the revival of Indian literature and the promotion of science. The company was asked to take up a greater role in the education of the Indians under them and There was also a provision that company should invest Rs. 1 Lakh every year on the education of Indians. • The act granted permission to Christian Missionaries to function. The Charter act of 1833
• It made the governor-general of Bengal as governor general of India. All
civil and military powers were vested in him. • Lord William Bentinck was first governor-general of India. • It deprived the governor of Bombay and Madras to make laws. All law making powers now vested with Governor-General of India. • Ended the commercial monopoly of East India Company completely • An Indian Law Commission was appointed under the provisions of the act. Lord Macaulay was the first chairman of this commission • The act provided for the Presidency of Bengal to be divided into the Presidencies of Agra and Fort William. However, this never came into effect • The British Parliament abolished slavery in Britain and all its possessions in 1833. • Centralization of the administration reached new heights • Codification of laws was taken up for the first time • It acknowledged the need to involve Indians in administration The Charter Act of 1853 • It provided for the separation of executive and legislative functions of the council • It provided for the addition of six new member for legislative council (Indian Central legislative council) • Civil service was thrown open to Indians through competitive exam. • Local representation in the Indian central legislative council (Bombay, Agra, Madras, Bengal) • The Court of Directors could create a new presidency or province. • The Act provided for the appointment of a separate governor for the Bengal Presidency. • The Macaulay Committee on Civil Service appointed in 1854 • Establishment of a dedicated rule-making body GOI Act 1858 • It was also known as ‘Act for the Good government of India’ • It ended the Dual government scheme initiated due to Pitt’s India act-1784 • The powers of the Company’s Court of Directors were transferred to the Secretary of State for India. He was going to be the member of British Parliament. He was provided with an advisory body consisting of 15 members • Secretary of state-in-council was setup as a body corporate, capable of suing and being sued in India and in England • A viceroy would be appointed who would serve as the representative of British crown. Lord Canning was first such viceroy • India became a direct British colony through the passage of this act • The act ended the controversial ‘Doctrine of Lapse’ • The Indian Civil Services was to be constituted for the administration of the country. There was also a provision for Indians to be admitted to the service. • Indian princes were allowed to retain their principalities so long as they accepted the suzerainty of the British ● Criticism of the act: It did not in any way alter the system of government in India. Most of the provisions were enacted to safeguard the jewel of British empire against any future threats or rebellions The Indian council act of 1861 ● It made a beginning of representative institutions by associating Indians with law-making ● Viceroy nominated some Indians as non-official members of his expanded council ● Raja of Benaras, the maharaja of Patiala and Sir Dinkar Rao were nominated in council. ● Restored legislative making powers of Bombay and Madras ● Establishment of new Legislative councils for Bengal, North-Western Frontier Province and Punjab ● Viceroy could make provisions for convenient transactions of business in the council. It gave recognition to the ‘portfolio system’ of Lord Canning ● Ordinances could be issued by the Viceroy without the concurrence of the council during an emergency. ● Portfolio System was introduced. The Indian council act of 1892 ● Increased non-official members in the council. ● Nomination for non-official members to central legislative council (Bengal chamber of commerce, governors for provincial legislative council based on recommendation of district boards, municipalities, universities, trade associations, zamindars and chambers) ● Made a limited and indirect provision for the use of election in filling up non-official seats both in central and provincial councils Morley-Minto reforms, 1909 1. The legislative councils at the Centre and the provinces increased in size. 2. It introduced non-official majority at the provincial legislature level. 3. It enlarged the deliberative functions of the legislative councils at both the levels. 4. It provided for the first time for Indians to be associated with the executive council. SP Sinha became the law member in Viceroy’s executive council. 5. System of communal representation was introduced for Muslims. 6. Separate representations were provided for presidency corporations, chambers of commerce, universities and Zamindars. • It sowed the seed for partition in India • It belied the expectations of self-governance that congress had sought ● No meaningful representations at the central legislature level The Govt. of India Act-1919 • It laid the foundations for many features that we associate with Indian constitution in the present times • Important features of the act are: 1. Objective: Gradual introduction of responsible government in India 2. It relaxed the control of centre over the provinces by demarcating and separating the central and provincial subjects 3. Dyarchy: provincial subjects were divided into- transferred list and reserved list. Reserved lists were administered by the governor and his executive council that were not answerable to the legislature whereas transferred lists were administered by governor on the advice of the ministers responsible to the council. 4. Bicameralism and direct elections were introduced for the first time 5. The act mandated that the three of the six members of the Viceroy’s executive council were to be Indian 6. Principle of separate electorates was extended to Sikhs, Indian Christians, Anglo-Indians and Europeans 7. It granted franchise to a limited number of people on the basis of property, tax or education 8. High commissioner of India position created. Some powers of Secretary of State was transferred to the commissioner 9. Provincial budgets was separated for the first time from central budget 10.Central public service commission was established 11.Statutory commission to analyze the impact of this act after 10 years ● Simon Commission: 1927 ● 1930- Major recommendations • Abolition of dyarchy • Extension of responsible government in provinces • Continuation of communal representation • Establishment of a federation of British India and princely states The Govt. of India Act-1935 • It provided for the establishment of an All India federation consisting of provinces and princely states as units. • It divided the powers between the centre and units in terms of three lists- Federal list, provincial list and the concurrent list. Residuary powers were given to the Viceroy. However, this federation never fructified since princely states did not join it. • It abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in its place • The act introduced responsible government in provinces, that is, the governor was required to act with the advice of ministers responsible to the provincial legislature • It provided for the adoption of dyarchy at the centre. However, this provision did not come into effect at all • Bicameralism was introduced in six provinces- Bengal, Bombay Madras, Bihar, Assam and the United Provinces • Separate electorates was further extended to depressed classes, women and labour • Council of India which was established as per the 1858 act was abolished The secretary of state was instead provided with a team of advisors. • The act provided for setting up- Federal public service commission, provincial public service commission, joint public service commission, federal court, Reserve Bank of India ● Practice question: ● It would have been difficult for the Constituent Assembly to complete its historic task of drafting the Constitution for Independent India in just three years but for the experience gained with the Government of India Act, 1935. Discuss.(250 words)
