HISTORICAL BACKGROUND OF INDIAN CONSTITUTION | CIVILS ONLINED

HISTORICAL BACKGROUND OF INDIAN CONSTITUTION

Regulating Act of 1773

• First time the British Parliament resorted to regulating the affairs of the East India Company.
• The Governor of Bengal was made the Governor-General of Bengal (Warren Hastings).
• An Executive Council of the Governor-General was created with 4 members.
• Centralised the administration with the Presidencies of Madras and Bombay being made subordinate to the Bengal Presidency.
• Supreme Court was established at Calcutta as the Apex Court in 1774.
• Prohibited company officials from engaging in private trade and from accepting gifts from Indians.

HISTORICAL BACKGROUND

Pitt’s India Act 1784

• Commercial and political functions of the company separated. The Court of Directors managed the commercial activities while the Board of Control managed political affairs.
• The company territories in India was called ‘British possession in India’.
• Governor’s Councils were set up in Madras and Bombay as well.

Charter Act of 1813

• This act ended East India Company’s monopoly over trade with India. Trade with India was open to all British subjects.

Charter Act of 1833

• Governor-General of Bengal was designated the Governor-General of India (Lord William Bentinck).
• The legislative powers of the Bombay and Madras Presidencies were removed.
• This act ended the commercial activities of the company and it was transformed into an administrative body.
• This was the final step towards centralization in British India.

Charter Act of 1853

• The legislative and executive powers of the Governor-General’s Council were separated.
• A Central Legislative Council was created of 6 members out of which 4 were appointed by the provisional governments of Madras, Bombay, Agra and Bengal.
• The Indian civil service was opened as a means to recruit officers for administration through open competition

Government of India Act 1858

• After the 1857 revolt, the rule of the company was ended and the British possessions in India came directly under the British Crown.
• The office of the Secretary of State for India was created. He was assisted by a 15-member Council of India.
• The Indian administration was under his authority and the Viceroy was his agent. The Governor-General was designated the Viceroy as well (Lord Canning).
• The Court of Directors and the Board of Control were abolished.

Indian Councils Act 1861

• Indians were given representation in the Viceroy’s Councils. 3 Indians entered the Legislative Council.
• Provisions were made for the entry of Indians in the Viceroy’s Executive council also as non-official members.
• Portfolio system was recognised.
• Decentralisation initiated with the presidencies of Madras and Bombay being restored their legislative powers.
• Governor-general would have veto for all the bills

Indian Councils Act 1892

• Indirect elections (nominations) were introduced.
• Legislative Councils expanded. Gave more functions to the legislative councils such as the discussion of budget and questioning the executive.

Councils Act 1909 (Morley-Minto Reforms)

• Direct elections to the legislative councils were introduced for the first time.
• Central Legislative Council became the Imperial Legislative Council.
• The number of members of the legislative council was increased from 16 to 60.
• It introduced a system concept of ‘separate electorate’. Under this, the Muslim members were to be elected only by Muslim voters
• For the first time, an Indian was made a member of the Viceroy’s Executive Council. (Satyendra Prasad Sinha – Law Member).

Government of India Act 1919 (Montague-Chelmsford Reforms)

• Central and provincial subjects were separated.
• Diarchy was introduced in the provincial governments with executive councillors being in charge of the reserved list and the ministers in charge of the transferred list of subjects.
• The ministers were nominated from among the elected members of the legislative council and were responsible to the legislature.
• A bicameral legislature was introduced for the first time at the centre. (Legislative council and legislative assembly later to become Rajya Sabha and Lok Sabha respectively).
• It mandated 3 members of the Viceroy’s executive council to be Indians.
• This act provided for the first time, the establishment of a public service commission in India.
• This act extended the right to vote
• It extended the principle separate electorates for Sikhs, Indian Christians, Anglo-Indians and Europeans.
• It created a new office of the High Commissioner for India in London and transferred to him some of the functions of the Secretary of State for India.
• It separated provincial budgets from the Central budget.

Government of India Act 1935

• An all-India Federation was proposed which would consist of British India and the princely states. This never materialised though.
• Subjects were divided between the centre and the provinces. Centre was in charge of the Federal List, provinces in charge of the Provincial List and there was a Concurrent List which both catered to.
• Diarchy was abolished at the provincial level and introduced at the centre.
• More autonomy was accorded to the provinces and in 6 out of 11 provinces, the bicameral legislature was introduced.
• A federal court was established and the Indian Council abolished.
• This act provided for the establishment of the RBI.
• Along with a Central Public Service Commission but also provided for a provincial Public Service Commission and Joint Public Service Commission for two or more provinces.

Indian Independence Act of 1947

• End of British rule in India and declared India as an independent and sovereign state from August 15, 1947.
• Creation of two independent dominions of India and Pakistan with the right to secede from the British Commonwealth.
• It granted freedom to the Indian princely states either to join the Dominion of India or Dominion of Pakistan or to remain independent.
• Set up responsible governments at the centre and the provinces.
• Assigned both legislative and executive powers to the Constituent Assembly of India.