Indian Constitution- historical underpinnings
Topics
- Regulating act 1773
- Pitt's India Act 1784
- Charter act of 1813
- Charter act of 1833
- Charter act of 1853
- Government of India Act 1858
- Indian Council act 1861
- Indian Council act 1892
- Indian Council act 1909
- Government of India Act 1919
- Government of India Act 1935
- Indian Independence Act 1947
Indian constitution was developed through several acts.
Regulating act 1773
Regulating act 1773
- First step taken by the British government to control and regulate the East India company's affairs.
- Recognise,First time the political and administrative function of East India Company and it laid the foundation of the central administration Designated ‘governor of Bengal’ as ‘Governor-General of Bengal’.
- Warren Hastings was the first governor general of the Bengal.Created executive Council of 4 members to assist him.
- Bombay and Madras Presidency where made the subordinate to the Bengal.
- Supreme Court was established at Kolkata (1974)-One chief justice and 3 others Judges
- prohibited servant of the company from engaging in any private trade.
- Court of directors( governing body of the company)should report its revenue
- `Distinguished between commercial and political functions of the company.
- Court of Directors for Commercial functions and Board of Control for political affairs.
- Establish a system of government.
- Reduced the strength of the Governor General’s council to three members.
- The companies territories in India were called “the British possession in India” and placed the Indian affairs under the direct control of the British Government.
- Governor’s executive councils were established in Madras and Bombay.
Charter act of 1813 - The Company’s monopoly over Indian trade ended except trade in Tea with China;
- Trade with India open to all British subjects.
- Grant permission to the missionaries to come to India and engage in religious proselytization.
- Governor-General (of Bengal) became as the Governor-General of India,final steps to the centralisation of the British India.
- First Governor General in India was Lord William Bentinck.
- It deprived the legislative power of Bombay and Madras province and governor general of India was given exclusive legislative power.
- The Act ended the activities of the East India Company as a commercial body and it became a purely administrative body.
- Attempted to introduced open competition for selecting civil servants But failed because of opposition from the court of directors.
- The legislative and executive functions of the Governor-General’s Council were separated.
- It is introduced first time local representation.6 members in Central legislative council. 4 out of 6 members were appointed by the provisional governments of Madras, Bombay, Bengal and Agra.
- Introduce the open competitive system for recruiting Civil Servant, Indian can also participate.It was based on Macaualy Committee(1854)
- It is also known as act for good governance.
- The rule of Company was replaced by the rule of the British Crown.
- Governor General of India was known as viceroy of India was the representative of the British Crown.
- It ended the system of dual government by abolishing Board of Control and court of directors.creates a new office, Secretary of the state for Indian vested with complete authority and control over Indian Administration.
- Establish a 15 member Council of India(Advisory body) to assist the Secretary of state for India.
- This act also ended the doctrine of lapse.
- First Secretary of State for India: Lord Stanley and first Viceroy of India: Lord Canning.
- It introduced for the first time Indian representation in the institutions like Viceroy’s executive+legislative council (non-official). 3 Indians(Maharaja of Patiala Raja of Banaras and sir Dinkar Rao) entered Legislative council.
- Legislative councils were established in Center and provinces.
- Initiate process of decentralisation by restoring legislative power of Bombay and Madras Presidency.
- Empower the viceroy to issue ordinance without concurrence of the legislative Council,during an emergency.
- Life of such Ordinance all six month.
- It accorded statutory recognition to the portfolio system.
- Enlarged the size of the legislative councils(Increase the number of additional members{Non-official} in Central and provincial Legislative councils But maintain official majority in the official majority in them)
- Increase the function of Legislative Council and give them power to discuss the budget and addressing questions to executive.
- Introduced indirect elections (nomination).
- This Act is also known as the Morley- Minto Reforms(Lord Morley was the secretary of state India and Lord Minto was the viceroy of India).
- Increase the size of Legislative Council both Central( 16 to 60) and the provinces( not uniform) Retained official majority in Central but allow non-official majority in provinces.
- Indians for the first time in Viceroy's executive council. (Satyendra Prasad Sinha, as the law member)Introduced a system of communal representation for Muslims by accepting the concept of ‘separate electorate’.
- It also provides Separate representation of the presidency Corporation,Chamber of Commerce Universities and jamindar.
- This Act is also known as the Montague-Chelmsford Reforms.(Montagu was Secretary of state for India and Lord chelmsford was the viceroy of India).
- The Central subjects were demarcated and separated from those of the Provincial subjects.
- The scheme of dual governance, ‘Dyarchy’, was introduced in the Provincial subjects
- The subjects are-Transfer subject(Administered by governor with the aid of ministers responsible to the Legislative Council)and reserved subject( administered by governor with Executive Council without being responsible to the Legislative Council)
- The Act introduced, for the first time, bicameralism at center(Council of state and legislative assembly)
- Direct election was started(Limited number of people on the basis of the property tax and education got franchise) and the majority of the members of both houses were directly elected.