Subject: Polity

Topic: 02. Historical Background of the Indian Constitution

Key Points: Notes:

The Regulating Act, 1773:
• It designated the Governor of Bengal as the Governor General
of Bengal.
• The Governor General in Council was given the power to
superintend and control the presidencies of Madras and
Bombay in matters of war and peace. The Governors of Madras
and Bombay were required to send regularly, to the Governor
General, information connected with Government, revenues or
Interests of the Company.
• The Supreme Court was established at Fort William, Calcutta in
1774.
The Pitt’s India Act, 1784
• It had divided authority and responsibility.
• Company’s public affairs and its administration in India were to
come directly under supreme control of the British
Government.
• The Act established a Board of Control superintendent, direct
and control all acts and operations relating to Civil and Military
government and revenues of administration.
• The Court of Directors were made responsible for commercial
affairs.
The Charter Act, 1793
• Governor General’s control over the presidencies was
strengthened. When the Governor-General would be present
in Bombay or Madras he was to supersede the local Governor
as the head of the administration during the period of his stay
there.
• He was allowed to issue orders and directions to any
Government and Presidency of India during his absence from
Bengal without previous consultation with his councils.
• The Governor-General was given more powers. He could
override his councils decision under certain circumstances.
The Charter Act, 1813
• The Act allowed missionaries to come to India and engage in
religious affairs.
• One lakh rupees was provided annually for the encouragement
and revival of literature and for the promotion of education
among the natives of India.
Charter Act, 1833:
• Governor General of Bengal became the Governor General of
India. The Governor General in Council was to control,
superintend and direct the civil and military affairs of the
Company. Bombay, Bengal, Madras and other regions were
subjected to complete control of the Governor General in
Council.
 • The Governor General in Council were given the power to
legislate for the whole of the British territories in India.
• The Act added one more member to the Executive council of
the Governor General, the Law Member, whose work was fully
legislative. He was to attend council meetings on invitation.
Charter Act, 1853
• The legislature and executive functions of the Governor
General Council were separated.
• The Law Member was made a full member of the Executive
Council of the Governor General.
• The council was enlarged for legislative purposes by addition of
6 special members. The council in its legislative capacity was to
consist of 12 members. These included the Governor General,
Commander-in-Chief, four members of his council and six
legislative Councillors.
• All vacancies in India were to be filled in by competitive
examinations.
The Government of India Act, 1858
• The Government of India passed from hands of the English East
India Company to the Crown.
• The Board of Control and Court of Directors were abolished.
Their place was taken by the Secretary of State of India and his
India Council. The Secretary of State was to sit in Parliament.
He was a cabinet minister of England and as such was
responsible to the Parliament.
• The Governor General became known from now as the Viceroy
or Crown’s Representative.
• The Government of India was finally directly controlled from
London.
• The Government of India in its dealings with England was
guided by the directions laid down by the Secretary of State in
Council.
• All Authority for the governance of India – civil and military,
executive and legislature – was vested in the Viceroy who was
responsible to the Secretary of State.
The Indian Council Act, 1861
• The new Act provided for the addition of a fifth member to the
Executive Council of the Viceroy.
• The Act empowered the Governor-General to delegate special
business to individual members of the Executive Council, and
henceforward the various members of Council had their own
portfolios and they could take decisions concerning routine
matters of their respective department.
• The strength of the Executive Council of the Governor-General
was increased by the nomination of additional members for
the purpose of legislation. The number of these members was
to be minimum six and maximum twelve. At least half of them
were to be non-officials. They were to be nominated by the
Governor-General for 2 years. The Indian could also be
nominated by him.
 • It also provided for the establishment of new legislature
Councils in the provinces of Bengal, NWFP and Punjab.
• The provinces were given the right to frame laws concerning
provincial affairs.
Indian Council’s Act, 1892:
• The number of additional members in the legislature at the
Centre was increased. The minimum number was fixed as ten
and the maximum twenty. Among them at least ten were to be
non-officials.
• It provided for the nomination of some non-official members
of the (a) Central Legislative Council by the Governor General
on the recommendation of the provincial legislative councils
and the Bengal Chamber of Commerce, and (b) that of the
Provincial legislative councils by the Governors on the
recommendation of the district boards, universities,
municipalities, chambers of commerce and zamindars.
• Thus, the Act made provision for indirect election for the
members of the Legislative Councils.
Indian Council’s Act 1909:
• It introduced a system of communal representation for
Muslims by accepting the separate electorate system.
The Government of India Act, 1919
• The administrative subjects were divided into two parts, the
Central List and the Provincial List
• The Act set up a bicameral legislature at the centre. The two
Houses were to be the council of State (60 members) and
Legislative Assembly (145 members).
• A new System was introduced in the provincial list -reserved
subjects and transferred subject.
• It introduced for the first-time direct elections in the country. It
granted franchise to a limited of number of people on the basis
of property, tax or education. General elections were held in
British India in 1920 to elect members to the imperial
Legislature Council and the Provincial Councils. They were the
first elections in the country’s modern history.
The Government of India Act, 1935
• It introduced All India Federation
• It divided powers between the centre and the Provinces
• Residuary powers were vested in the Governor General
• It provided Federal Court in India
• It Introduced Dyarchy in the Centre
• It introduced Provincial Autonomy

Summary: