INDIAN POLITY  Establishment of Supreme

CHAPTER 1: HISTORICAL Court: The Act established a

BACKGROUND Supreme Court at Calcutta in
1774.
The Indian Constitution, which came
into effect on January 26, 1950, marks
India's remarkable journey from being
a colony to becoming an independent
republic. It is an active document that
guides how democracy works in India,
the country with the largest population
in the world.

EVOLUTION OF INDIAN
CONSTITUTION:  Prohibited the servants of the
Company from engaging in
THE COMPANY RULE (1773– any private trade or
1858) accepting presents or bribes
Regulating Act of 1773 from the Natives.
 Significance: The Act is
 The first step taken by the significant as it recognized the
British Government was to political and administrative
control and regulate the functions of the Company for
affairs of the East India the first time, and laid the
Company in India. foundation for central
 Governor-General of administration in India.
Bengal: The Act designated
the Governor of Bengal as the Amending Act of 1781 (Act of
‘Governor-General of Bengal’ Settlement)
and created an Executive  It exempted the Governor-
Council of four members to General and the Council from
assist him. the jurisdiction of the
 The first governor general of Supreme Court for the acts
Bengal was Warren carried out by them in their
Hastings. official capacity.
 Excluded the revenue
matters and the matters
arising in the collection of
revenue from the jurisdiction
of the Supreme Court.
 It provided that the Supreme
Court was to have
jurisdiction over all the
 Control over Bombay and inhabitants of Calcutta and the
Madras Presidencies: The Court to administer the
Act subordinated the personal law of the
governors of Bombay and defendants i.e., Hindus were
Madras presidencies to the to be tried according to the
governor-general of Bengal. Hindu law, and Muslims
 were to be tried according to commercial and political
the Mohammedan law. functions.
 The appeals from the  Greater Powers to the
Provincial Courts could be Governor-General: The
taken to the Governor- governor-general was given a
General-in-Council and not council of three members,
to the Supreme Court. including the commander-in-
 Empowered the Governor- chief, and the presidencies of
General-in-Council to frame Bombay and Madras were
regulations for the Provincial made subordinate to the
Courts and Councils. governor general.
 Significance: The Act termed
Pitt’s India Act of 1784 the Company’s territories in
India as the ‘British
 The then Prime Minister of possessions in India’ for the
Britain William Pitt passed first time, and handed supreme
this act in the British control over the Company’s
parliament rectify the defects affairs and its administration in
of Regulating Act of 1773. India to the British
Government.

Act of 1786
 Lord Cornwallis was
appointed as the Governor
General of Bengal and also
Commander-in-Chief.
 He was given the power to
override the decision of his
council in special cases.
Charter Act of 1793

 Extended the overriding

power given to Lord
 It distinguished between the Cornwallis over his council,
commercial and political to all future Governors
functions of the Company. General and Governors of
 It established a system of
Presidencies.
Double government.
 A new Board of Control
to manage the political
affairs, also supervise
and direct all operations
of the civil and military
government or revenues
of the British possessions
in India.
 Court of Directors to
manage the commercial
affairs; hence
distinguishing between its
  The company's trade Majesty, His heirs and
monopoly in India was successors’
extended for another 20 years.  The Governor-General of
 This Act separated the Bengal was made the
company's revenue Governor-General of India,
administration and judicial who was given exclusive
functions. legislative powers for the
 It laid down that the members entire British India. Lord
of the Board of Control and William Bentinck became the
their staff were, henceforth, to first Governor-General of
be paid out of the Indian India.
revenues.  The Company’s monopoly
over trade with China and
Charter Act of 1813 in tea also ended.
 The company’s rule was  It attempted to introduce a
extended to another 20 years. system of open competition
Their trade monopoly was for the selection of civil
ended except for the trade in servants, though it was
tea, opium, and with China. negated after opposition
 It empowered the local from the Court of Directors.
governments to tax people  The Act urged the
subject to the jurisdiction of the administration to improve the
Supreme Court. conditions of slaves and to
 Another important feature of abolish slavery (which was
this act was to grant abolished in 1843).
permission to the  Indian Law Commission
missionaries to come to India (1834) was established to
and engage in religious codify all Indian laws. The
proselytization. first Law Commission had
 The company was also to take Lord Macaulay as its
up a greater role in the chairman.
education of the Indians under
them. It was to set aside Rs.1
Lakh for this purpose.

Charter Act of 1833

 The Act was the final step

towards centralization in
British India as its
reconstitution under the new
model of administration gave
it an All-India character.
 It legalized the British
colonization of India as the
East India Company
converted from a commercial
body to an administrative  Significance: The Act
body. Now its territories were created a centralized
held as ‘in trust for His Government of India with
 authority over the entire THE CROWN RULE (1858–1947)
territorial area possessed by Government of India Act, 1858 (Act
the British in India. of Good Goernment of India)

Charter Act of 1853  End of Company Rule: The

Act abolished the rule of East
 It was the last in a series of India Company, and
Charter Acts passed by the transferred the powers of
British Parliament between government, territories and
1793 and 1853. revenues to the British
 The Act separated the Crown.
legislative and executive  The Act changed the
functions of the Governor- designation of the Governor-
General’s council. General of India to that of
 Open Competition for Civil Viceroy of India. Lord
Service: The Act introduced Canning became the first
an open competition system of Viceroy of India.
selection and recruitment of
civil servants. The covenant
civil service was also thrown
open to the Indians. The
Macaulay Committee was
appointed to the Indian Civil
Service in 1854.
 It introduced local
representation for the first
time in the Indian (Central)
Legislative Council. It
provided for the addition of
six new members called
legislative councillors to the
council (12 in total).  It created a new office for the
 Law member (fourth “Secretary of State” for India,
member) became a full who was a member of the
member with the right to British Cabinet responsible to
vote. the British Parliament.
 Significance
 The Act established a 15-
 Legislation was
member Council of India to
considered a special
assist the secretary of state for
function of the
India.
government, requiring
 Significance: Although the Act
special machinery and
was a formal transfer of power
special process.
from the Company to the
 The civil service was
Crown, it did not substantially
opened to Indians,
alter the administrative system
leading to the
in India before the revolt of
establishment of the
1857.
Macaulay Committee
in 1854.
Indian Councils Act, 1861 autonomy to the
provinces in 1937.
 It provided that the Viceroy
should nominate some Indian Councils Act, 1892
Indians as non-official
members of his expanded  The Act increased the
council. In 1862, Lord additional (non-official)
Canning nominated three members in the Central and
Indians to his legislative provincial legislative councils
council: the Raja of Benaras, while maintaining an official
the Maharaja of Patiala and majority.
Sir Dinkar Rao.  The legislative councils were
 The Act restored the given the power to discuss the
legislative powers to the budget.
Bombay and Madras  Although the term ‘election’
Presidencies, initiating a was not explicitly used, the
process of decentralisation. Act paved the way for some of
This policy of legislative the non official seats to be
devolution resulted in the filled through indirect
grant of almost complete elections.
internal autonomy to the  Significance: The Act made
provinces in 1937. limited provisions for the use
 It made provisions for the of elections in filling up some
formation of the New non-official seats in the Central
Legislative Council (Upper and provincial legislative
House) for Bengal (formed in councils.
1862), Northwestern Province
(1886), and Punjab (1897). Indian Councils Act 1909 (Morley-
 The Viceroy was empowered Minto Reforms)
to issue ordinances valid for
Six Months without the  The Act expanded the
legislative council's legislative councils, both at
concurrence during the Central and provincial
emergencies. levels. In the Central
 The 'Portfolio' system, Legislative Council,
introduced by Lord members were increased
Canning in 1859, received from 16 to 60, though in
official recognition through Provincial Councils, the
this Act. number was not uniform.
 Significance  The Central Legislative
 The Act marked the Council continued to have an
inception of official majority, whereas a
representative Non-official majority was
institutions by involving allowed in the Provincial
Indians in the legislative Legislative Council.
process.  It provided for the first time,
 The legislative the association of Indians with
devolution policy the executive Councils of the
eventually led to almost Viceroy and Governors.
complete internal Satyendra Prasad Sinha was
 appointed as a Law member unrepresentative
in the Viceroy Executive electorate divided along
Council. communal lines.

Government of India Act 1919

(Montagu-Chelmsford Reforms)

 On August 20, 1917, for the

first time, the British
Government declared that its
objective was the gradual
introduction of a Responsible
Government in India.
 Indian Members in
Executive Council: The Act
mandated the inclusion of
three Indians in the
 Separate Electorate: The Act Viceroy's executive Council.
 Bicameral Legislature: For
introduced a system of
the first time, the Indian
communal representation
Legislative Council was
for Muslims by accepting the
replaced by the Bicameral
concept of 'separate
legislature consisting of an
electorate'. Lord Minto came
Upper House (Council of
to be known as the “Father of
State) and a Lower House
Communal Electorate”.
(Legislative Assembly). The
majority of members were
chosen by Direct Elections.
 There was an extension of the
Separate electorate: for
Sikhs, Indian Christians,
Anglo-Europeans, and
Europeans. Although the
franchise was given to a
limited number of people on
the basis of property, Tax,
education etc.
 Decentralization: The Act
relaxed the central control
over the provinces by
 Significance: demarcating and separating
 The Act brought the central and provincial
concept of communal subjects.
representation into  Dyarchy or dual scheme of
Indian politics. governance was introduced in
 For the first time, it Provincial Subjects, and it
involved Indians in was divided into two parts (i)
governance at central Reserved Subjects: which
and provincial levels were to be administered by the
through a restricted and Governor General and his
 Executive Council so not  Significance: The Act eased
responsible to the Legislative the central control over the
council. (ii) Transferred provinces, marking a
Subjects: which were to be significant step in the
administered by the Governor evolution of Parliamentary
General with the help of his democracy in India.
council. They were
responsible to the legislative
council.
 The Provincial Budget was
separated from the Central
Budget, and Provinces were
allowed to enact their own
Budget.
 Central Public Service
Commission: The Act
provided for the establishment
of a public service
commission, leading to the The Simon Commission (1927)
establishment of the Central
Public Service Commission  It was a seven-member
in 1926. statutory commission
 It created a new office of the appointed (2 years before its
High Commissioner for schedule) by the British
India in London and Government, led by Sir John
transferred to him some of the Simon to assess India’s
functions performed by the condition under its new
Secretary of State for India. Constitution. All commission
First High Commissioner for members were British,
India was Sir William Meyer.  The commission, submitting
 It proposed the establishment its report in 1930, proposed
of a Chamber of Princes abolishing dyarchy,
(also known as Narendra expanding responsible
MandaI). The chamber was Government in provinces,
eatablished in 1920 and first creating a federation of British
met on 8th february, 1921. It India and princely states, and
consisted of 120 members i.e., maintaining the communal
Princes of 108 states and 12 electorate.
representatives of other states.  To discuss these proposals,
It was headed by the Viceroy the British Government
(Governor General). It organized three round table
facilitated the consultation and conferences involving
discussion on matters of representatives from British
common interest. India and Indian princely
 Provided for the appointment states.
of a statutory commission to  Based on these discussions, a
inquire into and report on its ‘White Paper on
working after ten years of its Constitutional Reforms’ was
coming into force. prepared and presented to the
Joint Select Committee of the
 British Parliament. The that enjoyed by Australia
committee’s recommendations and Canada.
(with some modifications)  Responsible Government:
were then included in the The report advocated for a
Government of India Act, responsible government at
1935. the Centre and in the
 Reaction: The Simon provinces.
Commission met with  Universal Adult Suffrage:
substantial opposition from The report supported the
several political parties, idea of voting rights for all
highlighting the increasing adults.
political awareness and  List of Fundamental
growing demand for more Rights: The report also
significant representation in proposed a list of
governance among Indians. fundamental rights
guaranteeing civil liberties
and freedom of expression.

Communal Award
 In 1932, British Prime
Minister Ramsay
MacDonald introduced the
Nehru Report Communal Award to address
minority representation.
 The Nehru Report, presented
by a committee under the
chairmanship of Motilal Nehru
in 1928, was the first serious
attempt by Indians to frame a
full-fledged constitution for
India.
 This report laid the groundwork
for a demand for complete
political independence.

 Salient Features of the Nehru

Report:

 Dominion Status: The

report demanded dominion
 It extended separate
status for India within the
electorates to the depressed
British Empire, similar to
classes, also known as
 Scheduled Castes. Gandhi items), Provincial (for
opposed the extension of provinces, with 54 items),
communal representation to and Concurrent (for
the depressed classes and both, with 36 items).
went on a fast in Yerawada Residual powers were
Jail to seek modifications. vested in the Viceroy
 An agreement, Poona Pact, (Governor-General)
was reached between the  The Act proposed
Congress and Dr. B.R. dyarchy at the Centre,
Ambedkar which preserved dividing federal subjects
the Hindu joint electorate but into reserved and
provided reserved seats for the transferred categories.
depressed classes.The British However, this provision
Government accepted the never became operational.
Poona Pact, leading to  The Act abolished
modifications in the dyarchyin provinces,
Communal Award regarding introducing ‘provincial
the depressed classes. autonomy’ instead.
 Separate electorates for the Provinces were granted
depressed classes were autonomy in defined
eliminated from the areas, with responsible
Communal Award. Its Governments formed in
provisions were later 1937, though
incorporated into the discontinued in 1939
Government of India Act,  Bicameralism
1935. So, central and (legislative council and
provincial legislatures under legislative assembly) was
the 1935 Act were structured introduced in six out of
based on the modified eleven provinces
Communal Award including Bengal,
Bombay, Madras, Bihar,
Government of India Act of 1935 Assam, and the United
Provinces, but with
 The Government of India Act several restrictions.
of 1935 was an important step  Reserved seats for
towards establishing a depressed classes
constitutional mechanism in (Scheduled Castes), and
India. It contained 321 special representation
Sections and 10 Schedules. for women and labour,
 Salient Features of the Act were established.
 It abolished the Council
 All-India Federation: of India, established by
The Act proposed a the Government of India
federation incorporating Act of 1858. The
British India and the secretary of state for India
princely states. (It never was provided with a team
came into existence). of advisors.
 The Act divided powers  Franchise was extended,
into three lists: Federal granting voting rights to
(for centre, with 59
 approximately 14% of the
total population.
 The Act established the
Reserve Bank of India
to regulate the country’s
currency and credit.
 The Act provided for the
establishment of a
Federal Court with both
original and appellate Indian Independence Act of 1947
jurisdictions.
 It created Federal and  The Indian Independence Act
Provincial Public Service of 1947 marked the end of
Commissions, as well as British rule in India and
Joint Public Service declared India and Pakistan as
Commissions for multiple two separate dominions.
provinces.  Salient Features of the Act:
 It separated Burma  End of British Rule: The
(now Myanmar) from Act declared India and
India. Pakistan as two
 Two new provinces, independent dominions
Orissa and Sind, were from August 15, 1947.
created.  Power to the Constituent
 A Federal Railway Assemblies: The Act gave
Authority was the constituent assemblies
established to oversee of India and Pakistan the
railway administration. power to frame their
 An Auditor-General of respective constitutions.
India was appointed to  Partition of India: The Act
audit the accounts of the provided for the partition of
federation and provinces. British India into India and
 Significance of the Act: This Pakistan.
act was the most  The office of Secretary of
comprehensive and extensive State for India was
legislation enacted by the abolished, and its functions
British Parliament for the were transferred to the
governance of India. Despite Secretary of State for
its limitations, it marked a Commonwealth Affairs.
milestone towards a  British paramountcy over
completely responsible Indian princely states and
government in India and treaty relations with tribal
provided Indians with areas lapsed on August 15,
practical experience of 1947. Princely states were
running the government. granted the freedom to join
the Dominion of India or
Pakistan or remain
independent.
 Governance of dominions
and provinces followed the
Government of India Act
 of 1935 until new
constitutions were
established, with the power
to make modifications.
 The British Monarch lost
the right to veto bills or
request reservations, but
this power was retained by
the Governor-General, who
could assent to bills in the
name of His Majesty.
 The Governor-General of
India and provincial
governors became
constitutional (nominal)
heads, acting on the advice
of their respective councils
of ministers.
 It dropped the title of
Emperor of India from the
royal titles of the King of
England.
 The appointment to civil
services and post
reservations by the
Secretary of State for
India was discontinued.
Civil service members
appointed before August
15, 1947, retained
entitlements and benefits.

Lord Mountbatten became the first

Governor-General of the new
Dominion of India. The Constituent
Assembly of India formed in 1946
became the parliament of the Indian
Dominion.