Company Rule 1773-1858 (6)

Theme: Decrease of commercial control of East India and increase of its administrative role and centralized control of its power in India

1773 Regulating Act

Warren Hastings

Centralisation, Governor of Bombay, Madras under Governor-General of Bengal assisted by 4 member Executive council for political and administrative functions. Court of Directors to report on revenue, civil, military affairs

1781 Act of Settlement

Warren Hastings

Rectifying defects of 1773 Regulating Act

1784 Pitt's India Act

Warren Hastings

Board of Control- political functions; British Possessions in India

Court of directors - commercial functions

1793 Charter Act

Sir John Shore

Reserved all posts worth above 500 pounds per annum for covenanted servants of the company

1813 Charter Act

Lord Minto I

Allowed the Christian missionaries to travel to India. Prior to this act, not allowed because of fear of political unrest

1833 Charter Act

William Bentick

Centralisation - Governor General of India. All civil, military, legislative functions vested with him.

East India Company to just an administrative body(no commercial)

Company territories held "in trust for His Majesty, His Heirs, His Successors"

Proposed to introduce a system of open competition for selection of civil servants but was negated after

1853 Charter Act

Lord Dalhousie

Governor General of India Executive Council

Governor General of India Legislative Council - Indian Legislative Council

4/6 members can be appointed to Legislative council by local govts. of Bengal, Bombay, Madras, Agra (local not Indian).

Macaulay Committee on Indian Civil Service (Opened Civil Services through open competition)

Separate Governor for Bengal Presidency

Crowns Rule 1858-1947 (7)

Theme: Evolution of political and administrative institutions through direct control of Crown and increase of Indian representation

1858 Govt of India Act

Lord Canning

Viceroy of India ; Secretary of State(His 15 member advisory council). Act for Good Governance. Abolished East India Company. India to be governed by and in the name of "Her Majesty". Ended diarchy by abolishing Court of Directors, Board of Control

1861 Indian Council Act

Lord Canning

Decentralization; Legislative councils in Presidencies (5-Bengal, Bombay, Madras, NWFP, Punjab)[Restored in Bombay, Madras; New ones in Bengal, NWFP, Punjab]

Representation of Indians as non-official members(6-10) in Central Legislative Council

Empowered Viceroys to issue ordinances. Portfolio system

Viceroy Exec Council

Viceroy Legis Council

Provincial Exec council

Provincial Legis Council

1892 Indian Council Act

Lord Lansdowne

Increased non-official members(10-16) in both legislative council but maintained majority. Some non-official members through indirect election

Few powers to non-official; Discuss budget, raise questions to Executive

Election concept for first time but election word not mentioned

1909 Indian Council Act

Lord Minto II

Increased non-official members from 16 to 60

Indian in Viceroy Exec council; Provincial Legis non-official majority; Communal Electorate(separate electorate for Muslims). Reserved seats for Muslims, British capitalists, landlords. Both provincial and central, Ask questions and supplementaries ; Vote separate items in budget but whole budget cannot be voted upon, and pass resolutions(may not be accepted), Councils first time referred as legislative councils

Morley-Minto reforms;

1919 Govt of India Act

Central rigid

Provincial concessions

Lord Chelmsford

Subjects divided into Central & provincial(reserved & transferred) Subjects;
Separate Central & Provincial budget
Central Legislature- Bicameral legislature - Central Legislative Assembly (3 years) and Council of State (5 years). 25% part of budget can be voted by Indians.
Central Executive - Governor General veto/decide anything. Restricted powers on transferred subjects of provinces. 3/6 Indians in Viceroys executive council
Province- Executive- Dyarchy in provinces- Ministers and Executive council.
Province - Legislature-No confidence motion for ministers in legislature. Can reject the budget but Governor can restore it. Governor can issue ordinances and veto. 70% of members has to be elected
Direct election; Women right to vote in provincial legislatures
Extend separate electorate to Anglo-Indians, Christians, Sikhs;
Public Accounts Committee. Indians in few committees
Establishment for Public Service Commission (Established in 1926)
Salary of Secretary of State henceforth paid from British Exchequer
New office of High Commissioner for India in London and some functions to him.
Provincial reserved subjects- law and order, finance, land revenue, irrigation etc
Provincial transferred subjects- Health, Edu, Excise, Agri, Industry etc.

Montagu-Chelmsford reforms

Viceroy Exec Council

Central Legis Assembly

Central Council of State

Provincial Exec council

Provincial Ministers

Provincial Legis Council

Bicameralism at Centre, Dyarchy in provinces

1935 Govt of India Act

Based on Simon reports

Central concessions

Provincial *autonomy*

Lord Wilingdon

All Indian Federation[British Indian provinces, Chief Commissioner provinces, Princely]

Central(Reserved and transferred subjects), Provincial, Concurrent list;

Dyarchy at centre, removed Dyarchy in provinces;

Federal - Oddly, direct election to council of states and indirect election to assembly but ministers elected from and responsible to assembly. 20% budget can be voted

Residuary powers with Governor General

Provincial Autonomy -derive authority directly from Crown. Bicameralism in 6/11

Provincial governors nominated by Crown and special powers in certain cases

Provincial legislature - All members directly elected and 60% budget can be voted

Extend communal representation to women and depressed

Right of amendment to act was reserved with British parliament

RBI, Federal, Provincial, Joint Public Service Commission; Federal Court

Viceroy Executive Council

Central Ministers

Federal Legis Assembly

Central Council of State

Provincial Exec council

Provincial Legis Council

Provincial Legis assembly*

Bicameralism in 6 provinces and dyarchy at c entre

1947 Indian Independence Act

Lord Mountbatten

British PM Clement Atlee

India can alter any law made by the British in relation to India, including the India Independence Act, 1947 itself.

Abolished Viceroy and Created Governor-General for each dominion

Lord Mountbatten plan

Appendix

Indirectly elected means local bodies would elect an electoral college that would elect provincial legislature elected members who in turn would elect central legislative elected members
Rowlatt act/Black Act passed in Indian central legislature
Indian Council Acts and Govt of India Acts, Charter acts passed in British parliament
Dyarchy means executive council members appointed by crown and ministers elected by legislatures.
Provincial reserved subjects like law and order for councilors whereas transferred subjects like health, education to ministers

First Governor General of Bengal - Lord Warren Hasting- 1773
First Governor General of India- Lord William Bentick - 1833
First Viceroy of India - Lord Canning - 1858
First Indian to join Viceroy Executive council - Satyendra Prasad Sinha
First Indian to become Governor - SP Sinha as Governor of Bihar
Last Viceroy of India - Lord Mountbatten - 1947 until 21 June 1948
Governor General of Independent India - Lord Mountbatten - 1947
Only Indian Governor General - C Rajagopalachari - 21 June 1948 to 26 Jan 1950
First Indian Speaker of Central Legislative Assembly - Vitthalbhai Patel
First Indian to qualify for Indian Civil Service - Satyendra Nath Tagore -1863
First time company territories called as British Possessions In India - 1784 Pitts India Act
1862 - Lord Canning nominated three Indians to Viceroy Legislative council - Raja of Benaras, Maharaja of Patiala, Sir Dinkar Rao
1931- Capital shifted from Calcutta to Delhi [foundation in 1911]
First seeds of Indian Constitutional development in 1928 Motilal Report in challenge to Simon commission[Then secretary of State Lord Birkenhead]
Idea of Constituent Assembly - MN Roy in 1934

Committees under Constituent Assembly

Its members were chosen by indirect election by the members of the Provincial Legislative Assemblies that had been established under the Government of India Act, 1935
CA first sitting before Indian independence
Setup based on the proposals of Cabinet Mission Plan 1946

Jawaharlal Nehru	Union Powers Committee Union Constitution Committee States Committee (Committee for negotiating with States)
Sardar V Patel	Provincial Constitution Committee Advisory Committee on Fundamental Rights, Minorities, Tribal and Excluded Areas
Dr. Rajendra Prasad	Steering Committee Rules of Procedure Committee Finance and Staff Committee
Dr B.R. Ambedkar	Drafting Committee

*16 May 2021

Constitutional Development