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Constitutional Development in India (1773-1947)

Table of Contents

Introduction

The constitutional development in India during British rule laid the foundation for the present constitutional framework of India. The series of acts passed from 1773 to 1947 gradually transformed the British administration in India and introduced elements of representative government. Understanding these acts is crucial for UPSC aspirants as they form the basis of many provisions in the current Indian Constitution.

Regulating Act, 1773

This was the first step taken by the British Parliament to regulate the affairs of the East India Company in India.

Feature Description
Governor-General Created the office of Governor-General of Bengal (Warren Hastings first)
Council Established an Executive Council of 4 members
Supreme Court Established Supreme Court at Calcutta (1774) with Elijah Impey as first Chief Justice
Company Control Subordinated the presidencies of Bombay and Madras to Bengal
Significance First attempt by British to regulate Company's affairs; recognized Company's political functions

Key Points: Court of Directors to report on revenue, civil and military affairs; prohibited servants from private trade or accepting bribes.

Pitt's India Act, 1784

Introduced to address the shortcomings of the Regulating Act and establish dual control.

Feature Description
Dual Control Established dual system of control by Company (Commercial) and British government (Political)
Board of Control Created Board of Control (6 members) to supervise civil, military and revenue affairs
Company's Court Reduced strength of Governor-General's council to 3 members
Territorial Control Company's territories in India were called "British possessions" for first time
Significance British government got supreme control over Company's affairs in India

Charter Act, 1793

Mainly focused on the Company's commercial privileges and administration.

Charter Act, 1813

Marked an important transition in British policy towards India.

Charter Act, 1833

This was the final step towards centralization in British India.

Charter Act, 1853

The last of the Charter Acts that introduced several important changes.

Government of India Act, 1858

After the 1857 revolt, this act transferred power from Company to the Crown.

Feature Description
Company Rule Ends East India Company's rule ended; British Crown took direct responsibility
Secretary of State Created office of Secretary of State for India (member of British cabinet)
India Council 15-member Council of India to assist Secretary of State
Governor-General Title changed to Viceroy (Lord Canning first Viceroy)
Decentralization Began process of decentralization by restoring legislative powers to Bombay and Madras

Indian Councils Act, 1861

Marked the beginning of representative institutions in India.

Indian Councils Act, 1892

Introduced limited and indirect elections to legislative councils.

Indian Councils Act, 1909 (Morley-Minto Reforms)

Marked an important step towards establishing a representative government.

Feature Description
Central Legislature Increased size of Central Legislative Council (60 members)
Provincial Councils Increased size of Provincial Legislative Councils
Elections Introduced direct elections for first time (though limited)
Separate Electorates Introduced separate electorates for Muslims (sowed seeds of communalism)
Functions Members could ask supplementary questions; discuss budget and resolutions

Note: Lord Morley was Secretary of State; Lord Minto was Viceroy.

Government of India Act, 1919 (Montagu-Chelmsford Reforms)

Introduced dyarchy in provinces and expanded legislative councils.

Feature Description
Dyarchy Introduced dyarchy in provinces (divided subjects into Reserved and Transferred)
Central Legislature Bicameral legislature at center (Council of States and Legislative Assembly)
Franchise Extended franchise (though only 3% of population got voting rights)
Separate Electorates Extended separate electorates to Sikhs, Christians, Anglo-Indians
Public Service Commission Provision for establishment of Public Service Commission

Key Terms: Reserved subjects (controlled by Governor); Transferred subjects (controlled by ministers responsible to legislature).

Government of India Act, 1935

The most comprehensive constitutional document before independence.

Feature Description
All India Federation Proposed establishment of All India Federation (never came into being)
Provincial Autonomy Introduced provincial autonomy (abolished dyarchy in provinces)
Dyarchy at Center Introduced dyarchy at center (Reserved and Transferred subjects)
Bicameral Legislature Provided for bicameral legislatures in 6 provinces (Bengal, Bombay, Madras, Bihar, Assam, United Provinces)
Federal Court Established Federal Court (inaugurated in 1937)
Reserve Bank Provided for establishment of Reserve Bank of India
Federal Public Service Commission Provision for Federal Public Service Commission
Federal List Divided subjects into Federal, Provincial and Concurrent Lists

Significance: This act became the basis for many provisions in the Indian Constitution after independence.

Indian Independence Act, 1947

The final act that ended British rule and created two independent dominions.

Conclusion

The constitutional development from 1773 to 1947 represents a gradual evolution from Company rule to responsible government. Many features of the Government of India Act, 1935 were incorporated into the Indian Constitution. Understanding this historical development is crucial to appreciate the constitutional framework of independent India.

UPSC Relevance: Questions are frequently asked about key features of these acts, their significance, and how they shaped the current constitutional framework. Special attention should be paid to the 1919 and 1935 Acts, as well as the transition from Company rule to Crown rule.