Background
1. Arrival of British in India
•
1600: British came to India as traders in
the form of East India Company (EIC).
•
Charter by Queen Elizabeth I → gave
Company exclusive trading rights in India.
2. Transformation into Territorial Power
•
1765: Company obtained Diwani rights
(revenue & civil justice) of Bengal, Bihar & Orissa.
•
From traders → territorial power.
3. Crown’s Direct Rule
1858: After the Sepoy Mutiny (Revolt of 1857),
British Crown assumed direct governance of India.
This rule continued till Independence (15th
August, 1947).
4. Need for a Constitution
•
With Independence came the need for a
Constitution.
•
1934: Idea of a Constituent Assembly
suggested by M.N. Roy (pioneer of communist movement in India).
•
1946: Constituent Assembly formed.
•
26th January 1950: Constitution of India
came into effect.
5. Legacy of British Rule
•
Various features of Indian Constitution
& polity have roots in British rule.
•
Important events, laws &
administrative changes under British period laid the legal framework for
government & administration in India.
•
These developments greatly influenced the
making of the Indian Constitution
THE COMPANY RULE (1773–1858)
Regulating Act of 1773
•
Constitutional Importance
•
First step by British Government to
control & regulate East India Company (EIC) affairs in India.
•
Recognized for the first time the
political & administrative functions of the Company.
•
Laid the foundation of central
administration in India.
•
Key Features
•
Governor-General of Bengal
•
Governor of Bengal → designated as
Governor-General of Bengal.
•
Assisted by an Executive Council of 4
members.
•
First Governor-General: Lord Warren
Hastings.
•
Subordination of Presidencies
•
Governors of Bombay & Madras made
subordinate to Governor-General of Bengal.
•
Earlier, all 3 presidencies were
independent.
•
Establishment of Supreme Court (1774)
•
At Calcutta.
•
Composition: 1 Chief Justice + 3 Judges.
•
Prohibition on Company Servants
•
Company’s servants barred from:
•
Private trade.
•
Accepting gifts/presents or bribes from
Indians (‘natives’).
•
Increased British Control
•
Court of Directors (Company’s governing
body) required to report revenue, civil & military affairs in India to the
British Government.
👉 This
Act marked the beginning of Parliamentary control over East India Company and
was the first step towards centralized governance in India.
Pitt’s India Act of 1784
•
Background
•
Defects of Regulating Act (1773) → led to
Amending Act of 1781 (Act of Settlement).
•
Next major reform: Pitt’s India Act
(1784).
•
Key Features
•
Separation of Functions
•
Clear distinction between:
•
Commercial functions → Court of Directors.
•
Political functions → Board of Control.
•
Double Government System
•
Court of Directors → managed commercial
affairs.
•
Board of Control → managed political
affairs.
•
Board of Control – Powers
•
Empowered to supervise & direct:
•
All civil & military operations.
•
Revenue affairs of British possessions in
India.
•
Significance
•
For the first time, Company’s territories
in India were termed as “British possessions in India.”
•
Gave the British Government supreme
control over Company’s administration in India.
👉 This
Act marked a shift from Company’s dominance to direct parliamentary supremacy
in Indian administration.
Charter Act of 1833
•
General Importance
•
Considered the final step towards
centralization in British India
•
Key Features
•
Governor-General of India
•
Governor-General of Bengal →
Governor-General of India.
•
Vested with all civil & military
powers.
•
First Governor-General of India: Lord
William Bentinck.
•
Created, for the first time, a Government
of India with authority over the entire British territorial possessions.
•
Centralized Legislation
•
Governors of Bombay & Madras →
deprived of legislative powers.
•
Governor-General of India given exclusive
legislative authority for entire British India.
•
Terminology:
•
Earlier laws → Regulations.
•
Post-1833 laws → Acts.
•
End of Company’s Commercial Role
•
East India Company ceased to be a
commercial body.
•
Became a purely administrative body.
•
Company’s territories in India were to be
held “in trust for His Majesty, His heirs and successors.”
•
Civil Services Reform Attempt
•
Proposed open competition for recruitment
to civil services.
•
Declared Indians were not to be debarred
from holding offices under the Company.
•
Provision opposed by Court of Directors →
not implemented.
•
Significance
•
First serious attempt at centralized
administration in India.
•
Initiated the idea of merit-based civil
services, though not implemented.
•
Marked the end of Company’s trading role.
Charter Act of 1853
•
General Importance
•
Last of the Charter Acts (1793–1853).
•
Considered a major constitutional
landmark.
•
Key Features
•
Separation of Functions
•
For the first time, separated legislative
& executive functions of Governor-General’s Council.
•
Added 6 new legislative councilors →
formation of Indian (Central) Legislative Council.
•
Legislative Council functioned like a
mini-Parliament, following British parliamentary procedures.
•
Marked legislation as a distinct function
requiring special process.
•
Civil Services Reform
•
Introduced open competition system for
recruitment to civil services.
•
Opened Covenanted Civil Service to
Indians.
•
Macaulay Committee (1854) appointed for
implementation.
•
Company’s Rule
•
Extended East India Company’s rule, but no
fixed period mentioned (unlike earlier charters).
•
Territories held in trust for the British
Crown.
•
Indicated that Parliament could end
Company’s rule anytime.
•
Local Representation
•
For the first time, introduced local
representation in Indian Legislative Council.
•
Of 6 new members:
•
4 nominated by provincial governments →
Madras, Bombay, Bengal & Agra.
•
Significance
•
First step towards representative
institutions in India.
•
Laid foundation for the Indian Legislative
Council system.
•
Strengthened British Parliament’s control
over Company → foreshadowing end of Company rule.
THE CROWN RULE (1858–1947)
Government of India Act of 1858
•
Background
•
Enacted after the Revolt of 1857 (First
War of Independence / Sepoy Mutiny).
•
Known as the Act for the Good Government
of India.
•
Abolished the East India Company.
•
Transferred powers of government,
territories & revenues directly to the British Crown.
•
Key Features
•
Crown Rule in India
•
India to be governed in the name of Her
Majesty.
•
Title of Governor-General of India →
Viceroy of India.
•
Viceroy = direct representative of the
British Crown.
•
Lord Canning = first Viceroy of India.
•
End of Double Government
•
Abolished Board of Control & Court of
Directors.
•
Secretary of State for India
•
New office created.
•
Vested with complete authority over Indian
administration.
•
Member of the British Cabinet → directly
responsible to British Parliament.
•
Council of India
•
Established a 15-member Council of India
to assist Secretary of State.
•
Advisory in nature.
•
Secretary of State = Chairman of the
Council.
•
Legal Corporate Body
•
Secretary of State-in-Council constituted
as a body corporate.
•
Could sue and be sued in India &
England.
•
Significance
•
Brought direct rule of the Crown in India.
•
Marked the end of Company’s rule.
•
Focused on administrative machinery
improvement in England, not on reforming governance in India.
Indian Councils Acts of 1861, 1892 & 1909
•
Background
•
After the Revolt of 1857, British felt the
need to seek Indian cooperation in administration.
•
As part of this policy of association,
three Acts were passed:
•
Indian Councils Act, 1861
•
Indian Councils Act, 1892
•
Indian Councils Act, 1909
•
The 1861 Act is considered a landmark in
India’s constitutional & political history.
•
Features of the Indian Councils Act, 1861
•
Beginning of Representative Institutions
•
First time Indians associated with
law-making.
•
Viceroy empowered to nominate Indians as
non-official members in expanded council.
•
In 1862, Lord Canning nominated:
•
Raja of Banaras
•
Maharaja of Patiala
•
Sir Dinkar Rao
•
Start of Decentralisation
•
Restored legislative powers to Bombay
& Madras Presidencies.
•
Reversed earlier centralizing tendency
(1773–1833).
•
Policy of devolution ultimately led to
provincial autonomy in 1937.
•
New Legislative Councils
•
Provided for creation of new councils:
•
Bengal (1862)
•
North-Western Provinces (1866)
•
Punjab (1897)
•
Rules & Portfolio System
•
Viceroy empowered to frame rules for
smooth business of council.
•
Gave statutory recognition to ‘Portfolio
System’ (introduced in 1859 by Lord Canning).
•
Members placed in charge of specific
departments & authorized to issue orders.
•
Ordinance-Making Power
•
Viceroy empowered to issue ordinances
during emergencies.
•
Validity = 6 months without concurrence of
legislative council.
•
Features of the Indian Councils Act, 1892
•
Expansion of Legislative Councils
•
Increased number of additional
(non-official) members in Central & Provincial Legislative Councils.
•
But official majority (government
nominees) was retained.
•
Powers of Legislative Councils
•
Councils empowered to:
•
Discuss the budget (for the first time).
•
Address questions to the executive
(limited in scope).
•
Nomination of Non-Official Members
•
Central Legislative Council:
•
Viceroy to nominate some members on
recommendations of Provincial Councils & Bengal Chamber of Commerce.
•
Provincial Legislative Councils:
•
Governors to nominate members on
recommendations of District Boards, Municipalities, Universities, Trade
Associations, Zamindars, Chambers of Commerce
•
Introduction of Indirect Election (in
disguise)
•
Though the term “election” not used,
system introduced indirectly.
•
Described as “nomination on
recommendation” of local bodies.
•
First step towards representative element
in legislatures.
•
Features of the Indian Councils Act, 1909
v Background:
•
Lord Morley → Secretary of State for India
•
Lord Minto → Viceroy of India
•
Expansion of Legislative Councils
•
Considerable increase in size (Central
& Provincial).
•
Central Legislative Council members →
raised from 16 to 60.
•
Provincial Legislative Councils → size not
uniform.
•
Composition of Councils
•
Central Legislative Council → retained
official majority.
•
Provincial Legislative Councils → allowed
non-official majority.
•
Enlarged Deliberative Functions
•
Members allowed to:
•
Ask supplementary questions.
•
Move resolutions on the budget.
•
Participate in discussions.
•
Association of Indians with Executive
Councils
•
For the first time, Indians included in
Viceroy’s & Governors’ Executive Councils.
•
Satyendra Prasad Sinha → First Indian to
join Viceroy’s Executive Council (Law Member).
•
Introduction of Communal Representation
•
Accepted concept of separate electorate
for Muslims.
•
Muslim members elected only by Muslim
voters.
•
Act thus legalised communalism.
•
Lord Minto → Known as “Father of Communal
Electorate”.
•
Special Representation
•
Separate representation provided to:
•
Presidency corporations
•
Chambers of commerce
•
Universities
•
Zamindars
Government of India Act, 1919
(Montagu–Chelmsford Reforms)
- Background:
- August
20, 1917 → British Government declared aim: gradual
introduction of responsible government in India.
- Act
came into force in 1921.
- Montagu
= Secretary of State for India.
- Lord
Chelmsford = Viceroy of India.
Features of the Act
- Provincial
Autonomy (Limited)
- Demarcated
Central & Provincial subjects.
- Central
& Provincial legislatures empowered to make laws on respective lists.
- Government
structure remained centralized & unitary.
- Dyarchy
in Provinces
- Provincial
subjects divided into:
- Transferred
subjects → Administered by Governor with
ministers responsible to legislature.
- Reserved
subjects → Administered by Governor &
Executive Council (not responsible to legislature).
- This
system called Dyarchy (Greek word “di-arche” = double rule).
- Experiment
largely unsuccessful.
- Bicameralism
& Direct Elections
- Introduced
for the first time in India.
- Indian
Legislative Council replaced by:
- Council
of State (Upper House).
- Legislative
Assembly (Lower House).
- Majority
members chosen by direct elections.
- Indians
in Viceroy’s Executive Council
- 3
of 6 members (other than Commander-in-Chief) to be Indians.
- Communal
Representation Extended
- Separate
electorates granted to:
- Muslims
- Sikhs
- Indian
Christians
- Anglo-Indians
- Europeans
- Limited
Franchise
- Based
on property, tax, or education qualifications.
- High
Commissioner for India
- Created
in London.
- Took
over some functions of Secretary of State for India.
- Public
Service Commission
- Provision
for its establishment.
- Central
Public Service Commission (CPSC) set up in 1926
to recruit civil servants.
- Provincial
Budgets
- For
the first time, separated from Central Budget.
- Provincial
legislatures authorised to enact their budgets.
- Statutory
Commission
- To
review working of Act after 10 years.
Simon Commission (1927)
- Appointed
2 years early (Nov 1927).
- 7
members → all British → led to boycott by all
Indian parties.
- Report
(1930) recommended:
- Abolition
of Dyarchy.
- Extension
of responsible government in provinces.
- Establishment
of federation (British India + Princely States).
- Continuation
of communal electorate.
- Follow-up:
- 3
Round Table Conferences held.
- Led
to White Paper on Constitutional Reforms → basis for Government
of India Act, 1935.
Communal Award (1932)
- Announced
by Ramsay MacDonald (British PM).
- Provided
separate electorates for:
- Muslims,
Sikhs, Indian Christians, Anglo-Indians, Europeans.
- Extended
to Depressed Classes (Scheduled Castes).
- Gandhi’s
Protest:
- Opposed
extension to depressed classes.
- Undertook
fast unto death in Yeravada Jail (Poona).
- Poona
Pact (1932):
- Compromise
between Congress & Depressed Classes.
- Retained
joint Hindu electorate.
- Gave
reserved seats to Depressed Classes.
Government of India Act, 1935
- Significance:
- Marked
as the second milestone towards a responsible government in India.
- Most
lengthy & detailed Act: 321 Sections + 10 Schedules.
Features of the Act
- All-India
Federation
- Federation
of provinces + princely states (never came into being as princely states
did not join).
- Division
of powers into three lists:
- Federal
List – 59 subjects (Centre).
- Provincial
List – 54 subjects (Provinces).
- Concurrent
List – 36 subjects (Both).
- Residuary
powers → Viceroy.
- Provincial
Autonomy
- Dyarchy
abolished in provinces.
- Provinces
became autonomous administrative units.
- Governor
to act on advice of ministers responsible to provincial legislature.
- Implemented
in 1937, but suspended in 1939 (due to WWII).
- Dyarchy
at the Centre
- Federal
subjects divided into:
- Reserved
subjects (Viceroy’s discretion).
- Transferred
subjects (responsible ministers).
- This
provision never came into operation.
- Bicameralism
in Provinces
- Introduced
in 6 out of 11 provinces:
- Bengal,
Bombay, Madras, Bihar, Assam, United Provinces.
- Consisted
of:
- Legislative
Council (Upper House).
- Legislative
Assembly (Lower House).
- Many
restrictions imposed.
- Extended
Communal Representation
- Separate
electorates granted to:
- Scheduled
Castes (Depressed Classes).
- Women.
- Labour
(Workers).
- Council
of India Abolished
- Council
(established in 1858 Act) scrapped.
- Secretary
of State for India assisted by team of advisors.
- Extended
Franchise
- About
10% of total population got voting rights.
- Reserve
Bank of India (RBI)
- Provision
for its establishment.
- Set
up in 1935 to manage currency & credit.
- Public
Service Commissions
- Provision
for:
- Federal
Public Service Commission (UPSC).
- Provincial
Public Service Commissions.
- Joint
Public Service Commission (for 2 or more
provinces).
- Federal
Court
·
Established in 1937.
Indian Independence Act, 1947
- Background:
- Feb
20, 1947 → British PM Clement Attlee
announced end of British rule by June 30, 1948.
- Muslim
League intensified demand for partition.
- June
3, 1947 → British Government clarified that
Constituent Assembly’s Constitution would not apply to unwilling parts.
- Same
day, Lord Mountbatten (Viceroy) announced Mountbatten Plan
(partition plan).
- Accepted
by Congress & Muslim League.
- Implemented
through Indian Independence Act, 1947.
Features of the Act
- End
of British Rule
- Declared
India independent & sovereign from 15 August 1947.
- Partition
of India
- Creation
of two independent dominions: India & Pakistan.
- Both
had right to secede from British Commonwealth.
- Governor-General
System
- Office
of Viceroy abolished.
- Each
dominion to have a Governor-General, appointed by British King on
advice of dominion cabinet.
- British
Government to have no responsibility for India or Pakistan.
- Constituent
Assemblies
- Empowered
to:
- Frame
& adopt their own constitutions.
- Repeal
any Act of British Parliament (including this
Act).
- Legislative
Powers
- Constituent
Assemblies to function as legislatures till new constitutions
adopted.
- No
Act of British Parliament after 15 August 1947 would extend to
dominions unless adopted by their legislature.
- Secretary
of State for India Abolished
- Functions
transferred to Secretary of State for Commonwealth Affairs.
- End
of British Paramountcy
- Paramountcy
over Princely States & tribal areas lapsed on 15 August
1947.
- Princely
States’ Options
- Could:
- Join
India.
- Join
Pakistan.
- Remain
independent.
- Provisional
Governance
- Government
of India Act, 1935 to continue as interim constitution
till new ones framed.
- Dominions
could modify it.
- Powers
of the Monarch
·
British King lost right to veto bills or
reserve them.
·
These powers now with Governor-General.
- Constitutional
Heads
·
Governor-General & Provincial Governors
became nominal heads.
·
Bound to act on advice of council of
ministers.
- Royal
Titles
·
Title “Emperor of India” dropped from
British King’s style.
- Civil
Services
·
New appointments by Secretary of State stopped.
·
Existing officers retained benefits till that
date.
Implementation
- Midnight
of 14–15 August 1947 → British rule ended.
- Lord
Mountbatten → First Governor-General of India.
- Jawaharlal
Nehru → Sworn in as first Prime Minister of
Independent India.
- Constituent
Assembly of India (1946) → became Parliament
of Dominion of India.
No comments:
Post a Comment