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Under Royal Group of Institution

HISTORICAL BACKGROUND OF
INDIAN CONSTITUTION

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In 1600, British Came as traders under the East India Company with exclusive trading rights
granted by Queen Elizabeth I.

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In 1764: Battle of Buxar occurs,

Aftermath of the Battle of Buxar of 22 October 1764.The Treaty of Allahabad was

signed on 16 August 1765, between the Mughal Emperor Shah Alam II and
Robert Clive, of the East India Company.

In 1765: The East India Company gains 'diwani' rights over Bengal, Bihar, and
Orissa, marking its shift from a trading company to a territorial power.

BRITISH INDIA

The Company Rule The Crown Rule

[1773 – 1858] [1858 – 1947]

Regulating Act, 1773 Government of India Act, 1773

Regulating Act, 1781 Indian Council Act, 1861

Pitt’s India Act 1784 Indian Council Act, 1892

Amending Act 1786

Indian Council Act, 1909

Charter Acts
(Every 20 Years) Government of India Act, 1919

Charter Act 1793

Charter Act 1813 Government of India Act, 1935

Charter Act 1833

Charter Act 1853 Government of India Act, 1947

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The Company Rule (1773 – 1858):

Regulating Act of 1773:
• Established central administration in India.
• Designated the Governor of Bengal as 'Governor-General.' *1st (Lord Warren Hastings)
• Created an Executive Council of four members.
• Made Bombay and Madras presidencies subordinate.
• Established Supreme Court at Calcutta (Fort William) in 1774.

Amending Act of 1781:

• Exempted Governor-General, Council, and Company servants from Supreme Court
jurisdiction for official actions.
• Excluded revenue matters from Supreme Court jurisdiction.
• Defined personal law application for different communities.
• Established appeals process to Governor-General-in-Council, not to the Supreme Court.

Pitt's India Act of 1784:

• Distinguished commercial and political functions of the Company.
• Created Board of Control for political affairs & Court of Directors to manage the commercial
affairs.
• Established double government.
• Under this act, first time the company's territories were called as the British Possessions in
India.

Amending Act of 1786:

• Lord Cornwallis appointed Governor-General of Bengal. (He placed demand to accept the post)
• Act enacted to grant power to override council decisions and become Commander-in-Chief.

Charter Act of 1793:

• Increased Governor-General's powers over Bombay and Madras.
• Board of Control members paid from Indian revenues.

Charter Act of 1813:

• Abolished Company's trade monopoly in India. (Trading of Tea and Trade with China
continued)
• Allowed Christian missionaries in India.
• Promoted western education.
• Authorized Local Governments to impose taxes.

Charter Act of 1833:

• Made Governor-General of Bengal Governor-General of India. *1st (Lord William Bentick)
• Ended East India Company's commercial activities became purely administrative body.
• Company's territories held 'in trust for His Majesty.'

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Charter Act of 1853:

• Established the Indian (Central) Legislative Council with six new members.
• Introduced open competition system for civil service recruitment, including Indians.

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1857: Following the Sepoy Mutiny, the British Crown takes direct control of India,
ending the East India Company's rule.

The Crown Rule (1858 – 1947):

Government of India Act of 1858:

• Abolished the East India Company, transferring powers to the British Crown.
• Changed the Governor-General's designation to Viceroy of India.
• Lord Canning became the first Viceroy, representing the British Crown.
• Ended dual government by abolishing the Board of Control and Court of Directors.
• Established the office of Secretary of State for India, responsible to the British Parliament.
• Created a 15-member council known as the Indian Council to assist the Secretary of State.

Indian Councils Act of 1861:

• Associated Indians in law-making by nominating non-official members.
• Three Indians were nominated to viceroy council
i) Raja of Banaras ii) Maharaja of Patiala & iii) Sir Dinkar Rao
• Initiated decentralization, restoring legislative powers to Bombay and Madras.
• Introduced portfolio system and allowed the Viceroy to issue ordinances.

Indian Council Act of 1892:

• Increased the number of non-official members in legislative councils.
• Granted legislative councils the power to discuss the budget and ask questions.

Indian Councils Act of 1909 (Morley-Minto Reforms):

Introduced by - Then Secretary of State (John Morley) & Viceroy (Lord Minto)

• Increased the size of legislative councils, raising the number from 16 to 60.
• Associated Indians with Executive Councils of the Viceroy and Governors.
• Satyendra Prasad Sinha became the first Indian to join the Viceroy's Executive Council.
• Introduced communal representation, accepting the concept of separate electorates for
Muslims. (Elected from Muslim voters only)
• Lord Minto earned the title of the Father of Communal Electorate.

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Government of India Act (1919) (Montagu-Chelmsford Reforms):

(Montague was the Secretary of State for India and Lord Chelmsford was the Viceroy of India)

• Introduced dyarchy in provinces, divided subjects into transferred and reserved.

• Established bicameralism, direct elections.
• Extended communal representation to Sikhs, Indian Christians, Anglo-Indians, and
Europeans.
• Extended franchise, created High Commissioner for India in London.
• Set up Public Service Commission.

Simon Commission (1927):

• Headed by – Sir John Simon and six more members (Total seven members)
• Aim – to report on the condition of India under Government of India Act 1919.
• Problem - All the members of the commission were British and hence, all the parties
boycotted the commission.
• The commission submitted its report in 1930
• Recommendation - Abolish dyarchy and establishing a federation of British India & Princely
states.
• Implementation –
o Three round table conferences of the representatives of the British Government,
British India and Indian princely states.
o Subsequently, a 'White Paper on Constitutional Reforms' was prepared based on
the outcomes of these conferences.
o The Joint Select Committee reviewed the recommendations and incorporated
them, with certain modifications, into the Government of India Act of 1935.

Government of India Act (1935):

• Established an All-India Federation (never materialized).
• Divided powers: Federal (59), Provincial (54), Concurrent (36) Lists & Residuary
power to Viceroy. (never came into being as the princely states did not join it)
• Abolished dyarchy in provinces and introduced provincial autonomy.
• Extended communal representation further.
• Established the Reserve Bank of India in 1935, Federal Court in 1937, Public Service
Commissions, Federal Public Service Commissions, Joint Federal Public Service
Commissions.

Indian Independence Act of 1947:

• Ended British rule in India and declared its independence.
• Partitioned India into the Dominions of India and Pakistan. (under Mountbatten Plan)
• Abolished the office of Viceroy and established Governor-Generals for each dominion.
• Empowered Constituent Assemblies to frame new constitutions.
• Lapsed British paramountcy over princely states.

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