Admin Team
11 May

CONSTITUTIONAL DEVELOPMENT IN INDIA (1773–1947)

India under British rule witnessed a large number of constitutional and administrative changes. Though these reforms were introduced primarily to strengthen British imperial interests, they unintentionally introduced several features of the modern State, including centralised administration, legislative institutions, representative elements and codified laws.


BACKGROUND: COMPANY RULE AFTER THE BATTLE OF BUXAR (1764)

After the Battle of Buxar, the East India Company obtained the Diwani rights (right to collect revenue) of Bengal, Bihar and Orissa. The Company agreed to pay:

  • Annual subsidy to Mughal Emperor Shah Alam II
  • Annual pension to Nawab of Awadh Shuja-ud-Daula

The Company appointed:

  • Mohammad Reza Khan as Deputy Diwan of Bengal
  • Raja Shitab Rai as Deputy Diwan of Bihar

First Parliamentary Intervention (1767)

In 1767, the British Government intervened in Indian affairs for the first time by demanding 10% share in the plunder amounting to 4 million pounds annually.


DUAL SYSTEM OF GOVERNMENT (1765–1772)

The Dual System introduced by the Company created a structure where:

  • The Company had authority without responsibility
  • Indian officials had responsibility without authority

This period was marked by:

  • Rampant corruption among Company servants
  • Expansion of private trade
  • Excessive revenue extraction
  • Severe oppression of peasants
  • Financial crisis of the Company despite prosperity of Company officials

The worsening situation compelled the British Government to regulate Company administration through legislative measures.


THE REGULATING ACT, 1773

The Regulating Act marked the beginning of British parliamentary control over Company affairs in India and introduced the principle of centralised administration.

Main Provisions

Parliamentary Supervision

The Company directors were required to submit all correspondence related to:

  • Revenue
  • Civil administration
  • Military administration

Thus, for the first time, the British Cabinet received the right to supervise Indian affairs.

Governor-General of Bengal

  • Bengal administration was placed under a Governor-General and a Council of four members.
  • Decisions were to be taken according to majority rule.
  • Warren Hastings became the first Governor-General under the Act.

Establishment of Supreme Court

A Supreme Court of Judicature was established at Calcutta with:

  • Original jurisdiction
  • Appellate jurisdiction

However, disputes emerged between:

  • Supreme Court
  • Governor-General’s Council

because the jurisdiction remained unclear.

Control over Bombay and Madras

The Governor-General received limited supervisory powers over:

  • Bombay Presidency
  • Madras Presidency

The vague nature of these provisions created administrative confusion.

Nature of the System

The Act was based on the principle of checks and balances.


AMENDMENTS OF 1781

The Amendments of 1781 clarified several ambiguities of the Regulating Act.

Important Provisions

  • The Supreme Court was directed to administer the personal law of the defendant within Calcutta.
  • Government servants received immunity for official actions.
  • Social and religious customs of Indians were to be respected.

PITT’S INDIA ACT, 1784

The Pitt's India Act considerably increased British Government control over Company administration.

Major Features

Company Became Subordinate to the State

The Company’s territories were officially termed:

  • British Possessions in India

Board of Control

A Board of Control was established consisting of:

  • Chancellor of Exchequer
  • Secretary of State
  • Four Privy Council members appointed by the Crown

The Board controlled:

  • Civil affairs
  • Military affairs
  • Revenue affairs

All Company dispatches required Board approval.

Dual System of Control

The Act established:

  • Commercial authority with the Company
  • Political control with the British Government

Changes in Indian Administration

  • Governor-General’s Council reduced to three members
  • Bombay and Madras Presidencies became subordinate to the Governor-General.

Restriction on Expansion

The Act prohibited:

  • Aggressive wars
  • Expansionist treaties

though these restrictions were frequently violated.


THE ACT OF 1786

The Act of 1786 strengthened the office of the Governor-General.

Important Provisions

  • Lord Cornwallis was allowed to hold simultaneously:
    • Office of Governor-General
    • Office of Commander-in-Chief
  • The Governor-General could override Council decisions if he accepted responsibility for them.

Later, this power was extended to all Governor-Generals.


THE CHARTER ACT, 1793

The Charter Act renewed Company privileges for another twenty years.

Major Provisions

Financial Obligations

The Company was required to pay:

  • 5 lakh pounds annually to the British Government after meeting administrative expenses.

Royal Approval

Royal approval became compulsory for appointment of:

  • Governor-General
  • Governors
  • Commander-in-Chief

Restrictions on Officials

Senior officials could not leave India without permission. Violation was treated as resignation.

Trade Licences

The Company could issue licences for private trade called:

  • Privilege
  • Country Trade

These licences promoted the opium trade with China.

Administrative Reforms

  • Revenue administration was separated from judicial functions.
  • Maal Adalats disappeared.

Salaries from Indian Revenues

Members of the Home Government continued to receive salaries from Indian revenues till 1919.


THE CHARTER ACT, 1813

The Charter Act ended the Company’s monopoly over Indian trade.

Background

Pressure arose because of:

  • Growth of laissez-faire
  • Business interests in England
  • Napoleon’s Continental System

Major Provisions

End of Trade Monopoly

The Company lost monopoly over Indian trade but retained:

  • Tea trade
  • China trade

Dividend to Shareholders

Shareholders were guaranteed:

  • 10.5% dividend on Indian revenues

Crown Sovereignty Recognised

The Company retained territories for twenty years more, but the sovereignty of the Crown was explicitly acknowledged.

Education Grant

One lakh rupees annually was allocated for:

  • Literature
  • Learning
  • Science among Indians

This marked the beginning of State responsibility for education.

Parliamentary Supervision

Regulations of Bombay, Madras and Calcutta Councils had to be placed before the British Parliament.

Separate Accounts

Separate accounts were maintained for:

  • Commercial activities
  • Territorial revenues

Christian Missionaries

Christian missionaries were permitted to enter India and preach Christianity.


THE CHARTER ACT, 1833

The Charter Act introduced extensive administrative and legislative centralisation.

Major Features

End of Company Trade Monopoly

The Company’s monopoly over:

  • Tea trade
  • China trade

was completely abolished.

Governance in the Name of the Crown

Indian territories were to be governed officially in the name of the Crown.

European Colonisation

Restrictions on:

  • European immigration
  • Acquisition of property

were removed, paving the way for large-scale European settlement.


CENTRALISATION OF ADMINISTRATION

Powers of Governor-General

The Governor-General obtained authority to:

  • Superintend
  • Control
  • Direct all civil and military affairs

Control over Presidencies

Bombay, Madras and other territories came under complete control of the Governor-General.

Financial Centralisation

  • Revenues were raised under Governor-General’s authority.
  • Expenditure also came under his control.

Reduction of Provincial Legislative Powers

Bombay and Madras lost most legislative powers and could only propose laws to the Governor-General.


OTHER IMPORTANT PROVISIONS

Addition of Law Member

A law member was added to the Governor-General’s Council for legal advice.

Codification of Laws

Indian laws were to be codified and consolidated.

Equality in Employment

No Indian was to be denied employment on grounds of:

  • Religion
  • Colour
  • Birth
  • Descent

Though not implemented properly, this provision later became important in political agitation.

Slavery

The administration was instructed to improve slave conditions and work towards abolition. Slavery was abolished in 1843.


THE CHARTER ACT, 1853

The Charter Act introduced major administrative reforms.

Important Provisions

Company Rule Continued

The Company retained territories unless Parliament decided otherwise.

Reduction in Court of Directors

Strength of Court of Directors reduced to:

  • 18 members

Open Competition in Services

The Company’s patronage over services ended and civil services were opened through:

  • Competitive examinations

Law Member Became Full Member

The law member became a full member of the Governor-General’s Executive Council.

Separation of Executive and Legislative Functions

Six additional members were included for legislative purposes.

Indian Legislative Council

The legislative branch came to be known as the:

  • Indian Legislative Council

Local Representation

Local representation was introduced in the legislature.

Powers of Governor-General

No law could be enacted without assent of the Governor-General, who also retained veto powers.


THE ACT FOR BETTER GOVERNMENT OF INDIA, 1858

The Government of India Act was enacted after the Revolt of 1857 exposed the weaknesses of Company rule.

Major Provisions

Transfer of Power to the Crown

India was to be governed:

  • By the Crown
  • In the name of the Crown

through:

  • A Secretary of State
  • A Council of 15 members

Secretary of State

The Secretary of State possessed:

  • Initiative
  • Final decision-making powers

The Council remained advisory.

End of Dual System

The dual control system introduced under Pitt’s India Act came to an end.

Governor-General Became Viceroy

The Governor-General acquired the title of:

  • Viceroy

The transfer of power was more formal than substantive because Company administration had already weakened considerably.


DEVELOPMENTS AFTER 1858 TILL INDEPENDENCE

INDIAN COUNCILS ACT, 1861

The Indian Councils Act introduced the principle of association of Indians in legislation.

Major Features

Non-Official Representation

The principle of including non-official members in legislative bodies was accepted.

Beginning of Deliberative Legislation

Laws were now expected to emerge through:

  • Discussion
  • Deliberation

rather than solely through executive authority.

Portfolio System

Lord Canning introduced the portfolio system, laying foundations of cabinet government.

Legislative Devolution

Bombay and Madras received legislative powers, laying foundations for provincial legislative councils.


LIMITATIONS

The legislative councils had several weaknesses:

  • No control over budget
  • Could not discuss executive actions
  • Important matters required prior approval
  • Final assent rested with Viceroy
  • Secretary of State could disallow legislation
  • Indian representation remained confined to elite groups

INDIAN COUNCILS ACT, 1892

The Indian Councils Act was enacted in response to demands raised by the Indian National Congress.

Important Provisions

Expansion of Legislative Councils

Number of non-official members increased in:

  • Central Legislative Council
  • Provincial Legislative Councils

Principle of Representation

The following bodies received power to recommend members:

  • Universities
  • Municipalities
  • District Boards
  • Zamindars
  • Chambers of Commerce
  • Trade Bodies

Indirect Election

Though the word “election” was avoided, indirect election was introduced.

Financial Discussion

Members could discuss financial statements in legislatures.

Right to Question

Members could ask questions on public matters after six days’ notice.


INDIAN COUNCILS ACT, 1909 (MORLEY–MINTO REFORMS)

The Indian Councils Act marked the first attempt to introduce representative institutions.

Major Features

Expansion of Legislative Councils

Strength of Imperial Legislative Council was increased.

Indian in Executive Council

For the first time, an Indian joined the Viceroy’s Executive Council:

  • Satyendra Prasad Sinha as Law Member

Increase in Provincial Executive Councils

Provincial Executive Councils were expanded.

Increased Legislative Powers

Powers of central and provincial legislatures increased.


LIMITATIONS

Separate Electorates

Separate electorates for Muslims were introduced, creating long-term communal divisions.

Weightage

Muslims received representation beyond population proportion.

Lower Qualification for Muslim Voters

Income qualification for Muslim voters remained lower than that for Hindus.

Indirect Elections

The electoral system remained highly indirect and unrepresentative.


GOVERNMENT OF INDIA ACT, 1919

The Government of India Act was based on the Montague–Chelmsford Reforms.In 1917, the British Government declared gradual introduction of responsible government in India as its objective.


MAJOR PROVISIONS

Bicameral Legislature at Centre

The Central Legislature became bicameral:

  • Council of State (Upper House)
  • Legislative Assembly (Lower House)

Direct Elections

Direct elections were introduced, though franchise remained restricted by:

  • Property
  • Tax
  • Education qualifications

Extension of Communal Representation

Separate electorates extended to:

  • Sikhs
  • Christians
  • Anglo-Indians
  • Muslims

Dyarchy in Provinces

Dyarchy was introduced in provinces.

Provincial Legislatures

Provincial legislatures remained unicameral.

Separation of Budgets

Provincial and central budgets were separated for the first time.

High Commissioner for India

A High Commissioner was appointed in London to supervise Indian trade in Europe.

Salaries from British Exchequer

Secretary of State’s salary shifted from Indian revenues to British Exchequer.


LIMITATIONS

  • Responsible government was not introduced.
  • Dyarchy failed in provinces.
  • Governor-General retained overriding powers.
  • Legislature remained non-sovereign.
  • Governor-General could veto Bills and enact laws in the name of safety and tranquility.

SIMON COMMISSION

The Simon Commission was appointed in 1927 to review the working of the 1919 Act.

Recommendations

  • Abolition of dyarchy
  • Provincial responsible government
  • Federation of British India and princely states
  • Continuation of communal electorates

This eventually led to:

  • Round Table Conferences
  • White Paper on Constitutional Reforms (1933)
  • Joint Committee under Lord Linlithgow
  • Government of India Act, 1935

GOVERNMENT OF INDIA ACT, 1935

The Government of India Act was the most comprehensive constitutional reform before independence.

Major Features

All-India Federation

The Act proposed an All-India Federation including:

  • Governors’ Provinces
  • Chief Commissioners’ Provinces
  • Princely States willing to join

Dyarchy at Centre

Dyarchy was introduced in the Federal Executive.

Bicameral Federal Legislature

Federal Legislature consisted of:

  • Council of States
  • Federal Legislative Assembly

Three Legislative Lists

  • Federal List
  • Provincial List
  • Concurrent List

Governor-General’s Powers

Governor-General retained:

  • Veto powers
  • Discretionary powers
  • Residuary powers

Provincial Autonomy

Dyarchy in provinces was abolished and provinces received autonomy.

Financial Powers of Provinces

Provinces obtained independent financial authority and borrowing powers.

Expansion of Provincial Legislatures

Six provinces received bicameral legislatures:

  • Madras
  • Bombay
  • Bengal
  • United Provinces
  • Bihar
  • Assam

Other provinces retained unicameral legislatures.

Extension of Communal Representation

Separate electorates and weightage extended to:

  • Depressed classes
  • Women
  • Labour

Expansion of Franchise

About 10% of the population obtained voting rights.

Federal Court

A Federal Court was established in 1937.

Abolition of India Council

The India Council of the Secretary of State was abolished.


LIMITATIONS

Federation Never Materialised

The proposed federation never came into existence because princely states did not join.

Rigid Constitution

Amendment powers remained with British Parliament.

Growth of Separatism

Communal electorates encouraged separatist tendencies and ultimately contributed to Partition.

Congress Opposition

The Act was rejected by the Congress, which demanded:

  • A Constituent Assembly
  • Adult franchise
  • Constitution for independent India

FINAL DEVELOPMENTS BEFORE INDEPENDENCE

After the 1935 Act, several constitutional proposals emerged:

  • August Offer (1940)
  • Cripps Proposals (1942)
  • C.R. Formula (1944)
  • Wavell Plan (1945)
  • Cabinet Mission
  • Mountbatten Plan (1947)

Finally, the Indian Independence Act led to the end of British rule in India.

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