Historical Evolution of the Constitution (The Regulating Act, Charter Act, GOI Act)
The British administration can be divided into two phases, that are
- The Company Administration (AD 1773-AD 1857)
- The Crown Administration (AD 1858-AD 1947)
The following are the important Acts, regulations, and developments which eventually led to the development of today's final Indian constitution.
The Company Administration
Regulating Act - 1773
(1) The post of 'GOVERNOR' was replaced by 'GOVERNOR-GENERAL' and Bengal was the first province to have Warren Hastings as the first Governor-General. He was to be assisted by an executive council having four members.
(2) The Supreme Court was established with one chief justice and three other judges at Calcutta. Sir "Elijah Impey" became the first Chief Justice of the Supreme court.
Pitt’s India Act – 1784
(1) An another body was created, named ‘BOARD OF CONTROL’ to manage political affairs in India. "COURT OF DIRECTORS" kept on managing commercial affairs in India.
(2) Thus, the companies’ possessions were called ‘British possessions in India’ for the first time and the commercial wing was headed by the 'court of directors' and the political wing was headed by the 'board of control'.
(3) Pitt's India Act was introduced by the British Prime Minister of that time William Pitt.
Charter Act – 1813:
It ended the monopoly of the trading rights of British East India Company and allowed other companies to participate in trading activities with India.
Charter Act – 1833
(1) The post of ‘GOVERNOR GENERAL OF INDIA’ was created at place of Governor-General of Bengal. The Madras and Bombay presidencies were taken away with their respective legislative powers and were made subordinate to the Calcutta Presidency. William Bentick was to become the first Governor-General of India.
(2) This act completely ended the commercial activities of the East India Company. The company still existed but it became more or less a purely administrative and a political organization.
Charter Act – 1853
(1) A separate Governor General’s Legislative council was established.(2) Introduced an open system of competition for Indians into Civil Services. Macaulay committee was formed (1854) for this purpose and Mr. Satyendra Nath Tagore became the first Indian to qualify the civil service in 1863.
(3) NOTE – Lord Charles Cornwallis is called Father of Civil Services in India – because of his efforts to modernize the civil services in India.
The Crown Administration
Government of India Act of 1858
(1) It is also known as Act for Good Government of India.
(2) It Abolished the British East India Company and the Mughal administration as well.
(3) The Governor General’s post was abolished and a new post named Viceroy was created. Lord Canning was to be the first Viceroy of British India.
(4) Also created a new office – "Secretary of State" for India and a 15-members council to assist him. He was also a member of the British parliament in England.
Indian Councils Act 1861
(1)It expanded the executive council of the viceroy and made the provisions for him to nominate some Indians as non-official members. Mr. Lord Canning nominated the 'Maharaja' of Patiala; and the 'Raja' of Benaras.
(2) New Legislative councils for Bengal (in 1862), North Western Frontier Province (in 1866), and Punjab (in 1897) were established
Indian Councils Act 1892
(1) The power of discussing the budget was given to the legislative council in India.
(2) Expanded the councils and some members could be nominated to both Central and Provincial Legislative Councils.
Indian Councils Act 1909
(1) It is also known as the Morley-Minto Reforms.
(2) The number of members in the Central Legislative council was increased sixty from sixteen.
(3) Mr. Satyendra Prasad Sinha became the first Indian to be nominated as a law member to the Executive Council of the viceroy.
(4) The communal electorate was introduced and Muslims were given separate representation to elect their own representatives. Hence, Minto is also called the ‘Father of Communal Electorate’.
Government of India Act 1919
(1) It is also called as "Montague-Chelmsford reforms" and it came into effect in 1921.
(2) Introduced central and provincial subjects or lists where they could frame laws in their respective lists. Provincial subjects were further divided into transferred and reserved categories. Thus, this act introduced diarchy.
(3) Direct elections and bicameralism were introduced by this Act.
Government of India Act 1935
(1) For the establishment of an All-India Federation with provinces and princely states as units were provided. The Federation never came into being because princely states did not join it.
(2) Diarchy in the provinces was abolished and ‘provincial autonomy’ was introduced in its place. But in the center, it introduced diarchy; however, that never came into being.
(3) Bicameralism in provinces was introduced as well as extended the separate electorates to depressed classes as well.
(4) Established RBI and a federal court at the center.
Indian Independence Act 1947
(1) Partition Plan also known as the Mountbatten Plan (3rd June 1947) was to give effect to the partition of the country and Atlee’s declaration (20th February 1947) to provide complete independence to the Nation.
(2) Two independent dominions of India and Pakistan were created, British Government rules were ended and it was authorized to the two independent Nations’ constituent assemblies to frame their respective constitutions separately.
(3) The Indian independence bill got the royal assent on July 18, 1947.
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