Constitutional Developments
Constitutional Developments
British constitutional legislation for India runs from the Regulating Act of 1773 to the Indian Independence Act of 1947. Each statute added a layer that survives in the present Constitution - federalism, the office of the Governor, the parliamentary system and the all-India services all have colonial ancestors.
Company period, 1773-1858
| Act | Year | Main provisions |
|---|---|---|
| Regulating Act | 1773 | First step towards central control; Governor of Bengal became Governor General with an executive council of four; Supreme Court at Calcutta in 1774 |
| Pitt's India Act | 1784 | Board of Control created for political matters, separating commerce from politics; dual government of Company and Crown |
| Charter Act | 1813 | Company's trade monopoly ended except in tea and trade with China; one lakh rupees for education |
| Charter Act | 1833 | Governor General of Bengal became Governor General of India, the first being William Bentinck; all commercial activity ended; Law Member added, Macaulay being the first |
| Charter Act | 1853 | Separated legislative and executive functions; open competition for the civil service |
Crown period, 1858-1947
| Act | Year | Main provisions |
|---|---|---|
| Government of India Act | 1858 | Company rule ended; Secretary of State with a Council of India; Governor General became Viceroy |
| Indian Councils Act | 1861 | Indians associated with law making through nomination; portfolio system recognised; ordinance power for the Viceroy |
| Indian Councils Act | 1892 | Enlarged councils; indirect election in a limited form; budget discussion allowed |
| Indian Councils Act (Morley-Minto) | 1909 | Separate electorates for Muslims; Indians in executive councils |
| Government of India Act (Montagu-Chelmsford) | 1919 | Dyarchy in provinces with transferred and reserved subjects; bicameral central legislature; separation of central and provincial budgets |
| Government of India Act | 1935 | Provincial autonomy replacing dyarchy; dyarchy at the centre and an all-India federation proposed but never established; Federal Court in 1937; RBI provisions |
| Indian Independence Act | 1947 | Two dominions from 15 August 1947; Constituent Assemblies became sovereign legislatures; the office of Secretary of State abolished |
दो अधिनियम सबसे अधिक पूछे जाते हैं - 1919 का, जिसने प्रांतों में द्वैध शासन दिया, और 1935 का, जिसने प्रांतीय स्वायत्तता दी और केंद्र में द्वैध शासन रखा | यही उलटफेर जाल है |
1919 = dyarchy in provinces | 1935 = provincial autonomy, dyarchy at the centre
Key features carried into the Constitution
- Federal structure with a division of legislative lists comes from the 1935 Act
- Office of Governor, emergency provisions and the position of the public service commissions derive from 1935
- Parliamentary form and collective responsibility grow out of the 1919 and 1935 experiments
- The Federal Court of 1937 is the predecessor of the Supreme Court
- Separate electorates from 1909 shaped the reservation debate and were rejected by the Constituent Assembly
✗ The Government of India Act 1935 established a federation of India | ✓ The federal part never came into force because the required number of princely states did not accede
Missions and the transfer of power
| Mission or plan | Year | Content |
|---|---|---|
| August Offer | 1940 | Dominion status after the war and an expanded executive council; rejected |
| Cripps Mission | 1942 | Dominion status after the war with a right of provinces to opt out; rejected |
| Wavell Plan and Simla Conference | 1945 | Reconstituted executive council with parity for caste Hindus and Muslims; failed over League claims |
| Cabinet Mission | 1946 | Rejected Pakistan but proposed a three-tier grouping and a Constituent Assembly; the Assembly met on 9 December 1946 |
| Mountbatten Plan | 3 June 1947 | Partition accepted; the basis of the Indian Independence Act |
Linkage: this topic is shared with Polity, where the same Acts appear as the historical background of the Constitution. It also connects to the Gandhian era, since the Round Table Conferences and the 1937 elections shaped the political demands that these statutes answered.
Exam pointer: two questions are common across History and Polity. Learn each Act by its single distinctive feature. High-yield: 1773 Governor General, 1833 first Governor General of India, 1919 dyarchy in provinces, 1935 provincial autonomy. Traps: reversing 1919 and 1935, assuming the 1935 federation actually came into being, and thinking the 1861 Act introduced elections - it introduced nomination only.
FAQ
What was dyarchy under the 1919 Act?
A division of provincial subjects into transferred subjects such as education, health and local government, administered by ministers responsible to the legislature, and reserved subjects such as police, land revenue and irrigation, administered by the Governor with his executive council.
Why did the federation proposed in 1935 never come into being?
Because it required the accession of princely states representing a substantial share of seats in the federal legislature, and enough states refused. Only the provincial part of the Act came into operation, leading to the elections of 1937 and the formation of Congress ministries.
Which Act created the office of Secretary of State for India?
The Government of India Act of 1858, which ended Company rule after the revolt of 1857. The Secretary of State, a member of the British Cabinet, was assisted by a Council of India, and the Governor General was redesignated Viceroy.
60-second recap
- 1773 Regulating Act creates the Governor General; 1784 Pitt's Act creates the Board of Control.
- 1833 makes Bentinck the first Governor General of India; 1853 opens the civil service to competition.
- 1858 ends Company rule and creates the Secretary of State and Viceroy.
- 1909 brings separate electorates; 1919 brings dyarchy in the provinces.
- 1935 gives provincial autonomy and a federation that never materialised; Federal Court 1937.
- Cabinet Mission 1946 leads to the Constituent Assembly; Independence Act 1947 creates two dominions.