Under the British East India Company (1773 – 1858)
- Regulating Act of 1773
- It designated the Governor of Bengal as Governor General of Bengal.
- Lord Warren Hastings became the first Governor General of Bengal
- The governors of Bombay and Madras were made subordinate to the Governor-General of Bengal. which continued up till the Charter Act, 1833.
- A Supreme Court was established as the Apex Court at Calcutta in 1774, comprising one Chief Justice and three other judges.
- Pitt’s India Act of 1784
- Commercial and political functions of the company were separated.
- British possession in India
- Charter Act, 1813
- Charter Act ended Company’s monopoly in trade with India.
- It had a provision that Company should invest Rs. 1 lakh every year on the education of Indians. However, this was not implemented in effect
- Charter Act, 1833
- Saint Helena Act, it brought about the final step of ‘centralization’.
- It made the Governor-General of Bengal as the Governor-General of India and vested in him all the military and civil powers.
- Lord William Bentinck was the first Governor-General of India.
- Laws under previous acts were called as ‘Regulations’, while those under Charter Act, 1833 were called as ‘Acts’.
- The Act ended the East India Company’s monopoly over trade with India.
- India’s first law commission was set up with Lord Macaulay as its Chairman.
- It tried to bring about a system of open competition for selection of civil servants
- Charter Act, 1853
- Thus, it marked the beginning of Parliamentary system in India.
- It introduced an open competition system for selection and recruitment of civil servants.
- Macaulay Committee was set up to recommend for enforcing the same in 1854.
Under the British Crown (1858 – 1947)
- Government of India Act, 1858
- ‘Act for the Good Government of India’.
- After the 1857 revolt, the rule of the company was ended and transferred the powers of government, territories and revenues to the British crown.
- It ended the system of double government by abolishing the Board of Control and Court of Directors.
- Thus, it established control of British Parliament over Indian affairs. Administration of the country was now highly centralized.
- Indian Councils Acts 1861
- Indians were, for the first time, made a part of the law making process.
- It also gave recognition to the ‘portfolio’ system, introduced by Lord Canning in 1859.
- Indian Councils Acts 1892
- Thus, the element of election was introduced for the first time
- Power of discussing budget was granted.
- Questions could now be addressed to the Executive.
- Indian Councils Acts 1909 (Morley-Minto)
- The number of members of the Central legislative council was increased from 16 to 60.
- It provided for a provision for Indians to participate in executive councils.
- Satyendra Prasad Sinha became the first Indian to become listed on the Viceroy’s Executive Council. He was appointed as the law member of the British ministry
- It introduced the system of communal representation for Muslims by accepting the concept of ‘separate electorate’.
- Under this, the Muslim members were to be elected only by the Muslim voters. Thus, the Act ‘legalized communalism’ and Lord Minto came to be known as Father of Communal Electorate.
- The Government of India Act, 1919 (Montagu-Chelmsford Reforms)
- In 1917, the British Government declared, for the first time, that its objective was the gradual introduction of responsible government in India (Secretary of state Montagu’s declaration).
- The Government of India Act, of 1919 was thus enacted, though not completely in line with the above stand.
- Dyarchy was introduced at the level of provinces.
- Direct elections were introduced for the first time.
- Central Public Service Commission was set up in 1926 (on recommendation of Lee Commission, 1923-24).
- Government of India Act, 1935
- British Government announced the appointment of a seven member statutory commission under the chairmanship of Sir John Simon to report on the condition of India under its new Constitution.
- All members of the commission were British and, hence, all parties boycotted the commission.
- British Government convened three round table conferences of the representatives of the British Government, British India and Indian princely states.
- White Paper on Constitutional Reforms was prepared and submitted for consideration of a British Parliamentary Committee.
- This Act has a singularly important role to play in framing of the Constitution in its current form.
Some of its prominent features were
- The Act divided the powers between the Centre and units in terms of three lists - Federal List, Provincial List and Concurrent List.
- It abolished dyarchy introduced in the provinces by the GOI Act, 1919 and introduced ‘provincial autonomy’ in its place.This came into effect in 1937 and was discontinued in 1939.
- It provided for adoption of dyarchy at the Centre.
- It is said that the act was nothing but ‘sugar-coated quinine’
Communal Award
- After the Second Round Table Conference, in August 1932, the British PM, Ramsay Macdonald gave his ‘Communal Award’.
- The award was opposed by Mahatma Gandhi, who fasted in protest against it. After lengthy negotiations, Gandhi reached an agreement - called the Poona Pact - with Dr. Ambedkar to have a single Hindu electorate, with Dalits having seats reserved within it.
Cripps Mission
- In March 1942, Sir Stafford Cripps, a member of the British cabinet came with a draft declaration on the proposals of the British Government.
- The Constitution should provide India, a dominion status.
Cabinet Mission
- In March 1946, Lord Clement Atlee sent a Cabinet Mission to India consisting of three Cabinet Ministers, namely Lord Pethick Lawrence, Sir Stafford Cripps and Mr. A.V. Alexander.
The Mountbatten Plan
- The plan for transfer of power to the Indians and partition of the country was laid down in the Mountbatten Plan. It was given a formal shape by a statement made by the British Government on June 3, 1947.
Indian Independence Act, 1947
- On February 20, 1947, the then British Prime Minister, Clement Atlee, declared that the British rule in India would end by June 30, 1948. Other provisions of the Indian Independence Act, 1947 were: