Consitutional developments in India

Constitutional Experiments during the Rule of the East India Company

Regulating Act of  1773

Ø Subordination of the presidencies of Bombay and Madras to that of Bengal.

Ø Governor of Bengal made the Governor-General of Bengal.

Ø A Council of the Governor-General established consisting of 4 members.

Ø A Supreme Court established at Fort William.

Significance: This was the beginning of parliamentary control over the government of the East India Company. It also laid the foundation of a unitary type of government in India.

Pitt's India Act. 1784

A. Established the Board of Control and the Dept, of Indian Affairs in England to control the Company

B. It reduced the number of members of the Govemor-General-in-Council from 4 to 3.

C. The Company's territories in India were called the "British possessions in India".

Significance : This Act reiterated the supremacy of the British I arliament over the affairs of the company. The centralisation of authority becomes stronger. Sir C. Ilbert said that this Act enunciated a system, which remained substantially in force until 1958.

Charter Act of 1793

1.Enlarged the powers of the Governor-General in India over the subordinate presidencies of Madras and Bombay

2.Members of the Home government to be paid not from the British Exchequer, but from the Indian Revenue

Significance: It further consolidated the Crown's power over the East India Company. It was a step forward towards centralisation of power.

Note: The Charter Acts were called so as they regulated the charter of the Company granting right to trade with India.

Charter Act. 1813

1.Abolished the monopoly of Company's Indian trade.

2.Allowed Christian Missionaries to preach in India.

3.The powers of the Board of Control were further enlarged.

4.Allowed the Company to retain possession of the territ >ries and the revenue for another 20 years.

Significance: The constitutional position of British territories in India was defined explicitly for the first time. It reduced the Company from a governing body to a mere administrative body.

Charter Act. 1833

1.The Company lost its monopoly of trade with China.

2.Governor-General of Bengal made the Governor-General of British India.

3.Govemor-General-in-Council made further powerful.

4.A law member added to the Govemor-General's Council a s the fourth member for legislative purposes.

5.A Law Commission constituted for consolidating codi! ing and improving Indian laws.

Significance: Centralisation of power was reinforced by further strengthening of the Governor General of India and his Council. This Act, according to Lord Morley, was the most important Act passed by the British Parliament till 1909.

Charter Act of 1853

1.The Act renewed the powers of the Company.

2.Strength of the Court of Directors reduced.

3.The Law member became the full member of the Governor-General-in-Council.

4.The Council of the Governor-General was to be called the legislative council with the addition of 6 new members for legislative purposes.

Significance: This was the last Charter Act. The authority of the Governor-General's council was further strengthened.

India under the British Crown

GOI Act 1858

1. Indian administration taken over by British Crown

2. Office of the Secretary of State and a Council created.

3. System of double government (introduced by Pitt's India Act, 1784) finally abolished.

4. Governor-General became the Viceroy (to be the direct representative of the Crown)

Significance: By this Act Indian administration came under direct control of the British Crown and it's provisions made the Indian administration completely centralized.

Indian Council Act. 1861

1.Legislative councils established at the Centre and in the Presidencies and Provinces.

2.Empowered the Viceroy to make rules for business transaction.

3.Viceroy could issue Ordinances in times of Emergency

Significance: Graded relaxation in the central, station of power could be seen.

Indian Council Act. 1892

1.Further enlargement of the size and function of central and prc vincial Councils.

2.The Council could discuss budget under certain conditions.

3.Council members granted right to ask questions.

Significance: The Act could be termed as the beginning of the parliamentary system as it allowed discussion over budget and queries by members.

Indian Councils Act. 1909 (Morley-Minto Reforms)

1. No. of elected members increased in Legislative Councils

2. Non-official majority introduced

3. Councils, for the first time, referred to as 'Legislative Councils'

4. Separate electorate for Muslims introduced

5. Council members could ask supplementary questions also

6. Separate terms in the budget could be discussed and voted.

Significance: First explicit attempt was made at introducing a representative and popular element.

GOI Act. 1919: (Montague Chelmsford Reforms)

1. Dyarchy introduced in the provinces

2. Relaxation of Centre's control over the provinces

3. Legislative Council made bicameral Legislative Assembly and Council of States

4. Women granted franchise

5. System of separate electorate expanded to include Sikhs, Europeans and Anglo-Indians

6. Provided for two lists for administration  Central and Provincial

Significance: Sought to make the British administration in India more responsible to Indian people. Process of decentralisation was given impetus.

GOI Act. 1935:

1. Sought to introduce a federation

2. Provided for 3-fold division of legislative power, i.e. three lists - Federal, Provincial and Concurrent Lists.

3. Residuary powers to be vested with Governor-General

4. Diarchy was introduced at the Centre

5. Autonomy replaced diarchy at provincial level

6. Provided for establishment of a Federal Court

Significance: This Act sought to introduce Federation in India albeit unsuccessfully. Decentralisation of executive and legislative powers was at its provided bulk of the provisions of this Act were later incorporated in the Constitution of India.

Indian Independence Act, 1947

1. Two Dominion States - India and Pakistan created

2. Dominion Legislature became sovereign

3. Sovereignty and responsibility of British Parliament abolished

4. The Crown ceased to be the source of authority Significance: This Act brought independence to India It paved the way for the framing of a Constitution of India by the Indians themselves.