Historical Evolution of the Constitution

• Regulating Act of 1773

•   Governor of Bengal as the ‘Governor-General of Bengal’ (first-Warren Hastings)
• Established Supreme Court at Calcutta (1774)
• Bombay and Madras presidencies subordinate to the governor-general of Bengal.
• Prohibited the servants of the Company from engaging in any private trade or accepting presents or bribes from the ‘natives’.
• control of the British Government over the Company strengthened
• Required the Court of Directors (the governing body of the Company) to report on its revenue, civil, and military affairs in India.

• Pitt’s India Act of 1784

• The company’s Indian territories were for the first time called the ‘British possessions in India’
• Distinguished commercial and political functions of the Company.
• A system of double government

1.    Court of Directors managed the commercial affairs
2.    A new body called the Board of Control managed the political affairs.

• Charter Act of 1813

• Abolished the trade monopoly of the company in India (Except trade in tea and trade with China)
• Allowed the Christian missionaries for the spread of western education.

• Charter Act of 1833

• Final step towards centralization
• Governor-General of Bengal as the “Governor-General of India”(first-Lord William Bentick)
• Laws made under the previous acts were called as Regulations, while laws made under this act were called as Acts
• Ended commercial activities of EIC (purely Admin. Body)
• System of open competition for civil services (only on paper)

• Charter Act of 1853

• Last Charter Acts in series.
• Separated legislative and executive functions of the Governor-General’s council.

1. It established a separate Governor-General’s legislative council which came to be known as the Indian (Central) Legislative Council (total 6 members along with local representation).
2. This legislative wing of the council functioned as a mini-Parliament. Thus, legislation was treated as a special function of the government for the first time.

• Open competition system for civil services in spirit
• Macaulay Committee on civil services appointed in 1854.

• GOI Act of 1858

• “Good Government Act”
• Governor-General of India to Viceroy of India (first-Lord Canning)
• System of double Govt. ended.
• New Office of Secretary of State for India (member of the British Cabinet)

• Indian Councils Act of 1861

• Beginning of the representative institutions by associating Indians with the law-making process.
• Restored legislative powers to Bombay and Madras.
• Recognized portfolio system.
• Empowered Viceroy to issue ordinances.

• Indian Councils Act of 1892

• Increased the number of additional (non-official) members in the Central and provincial legislative councils, with the official majority.
•  It increased the functions of legislative councils and gave them the power of discussing the budget and addressing questions to the executive.

• Indian Councils Act of 1909

• Known as Morley-Minto Reforms

1. Lord Morley– Secretary of State
2. Lord Minto– Viceroy

• Increased the size of the legislative councils, both Central (official majority) and provincial (non-official majority).
• Members were allowed to ask supplementary questions, move resolutions on the budget, and so on.
• Association of Indians for the first time with the Executive councils of the Viceroy and Governors
• Satyendra Sinha – first Indian to join the Viceroy’s executive council
• Introduction of separate electorate(Muslim members were to be elected only by Muslim voters)- ‘legalized communalism’
• Lord Minto- Father of Communal Electorate.

• GOI Act of 1919

• Known as Montague-Chelmsford Reforms

1. Montagu- Secretary of State
2. Lord Chelmsford- Viceroy

• Demarcating and separating central and provincial subjects
• Dyarchy at provinces

1.  Transferred subjects– administered by the governor with the aid of ministers responsible to the Legislative Council.
2. Reserved subjects– administered by the governor and his executive council.

Introduced bicameralism and direct election. Indian Legislative Council divided into:

1.  Upper House (Council of State)
2.  Lower House (Legislative Assembly)

• Separate electorates extended for Sikhs, Christians, Anglo-Indians and Europeans.
• Granted franchise to a limited number of people on the basis of property, tax, or education
• Created a new office of the High Commissioner for India in London.
• Establishment of Central Public Service Commission (1926)
• Separate budgets for Provincial and Central Legislatures for the first time.
•  Appointment of a statutory commission after ten years – Simon commission appointed in 1927

• Simon Commission 1927

•  Mandated by GOI 1919
• To report on the condition of India under GOI 1919
• Seven-member statutory commission (no Indian)
• Recommended à Abolition of dyarchy, est. of a federation, the continuation of the communal electorate, responsible Government.
• Recommendations of the committee were incorporated in GOI Act of 1935

• GOI act 1935

• All-India Federation (Never implemented)
• Subjects divided in three lists(Federal, Provincial & Residuary)
• Residuary powers to Viceroy
• Abolished dyarchy in the provinces and introduced ‘provincial autonomy’
• Adopted Dyarchy at Centre.
• Separate electorates extended for depressed classes (SC), women and labours
• Extended franchise (About 10%)
• Established RBI (RBI act 1934)
• Established Federal Public Service Commission, Provincial Public Service Commission and Joint Public Service Commission
• Established Federal Court (1937)
• NOTE – Supreme Court was Est. by Regulating act 1773

• Indian Independence Act of 1947

• Declared India as an independent and sovereign state from August 15, 1947.
• Partition of India into two dominions;
• Abolished office of Viceroy & office of Secretary of State for India
• Empowered Constituent Assemblies to frame and adopt any constitution, repeal any law/act including the Independence act itself
• Lapse of British paramountcy
• Governor-General of India and the provincial governors as constitutional (nominal) heads;
• Dropped the title of Emperor of India;
• First Governor General of India- Lord Mountbatten
• first Indian Governor General of India- C. Rajagopalachari