Constitutional Development in India, East India Company, British Rule

The Indian Constitution did not emerge suddenly in 1950. Its foundations were gradually laid during the British rule in India, when several legislative and administrative reforms were introduced by the British Parliament to regulate the governance of the country. The Constitutional Development in India during British rule can broadly be divided into two major phases.

Phases of Constitutional Development in India

The constitutional development of India during the British period evolved gradually through various laws and administrative reforms introduced by the British Parliament. These developments are broadly divided into two major phases based on the nature of governance in India.

Phase 1: Constitutional Development During the Rule of the East India Company (1773-1857)

During this phase, the British Parliament began regulating the affairs of the East India Company, which had gradually transformed from a trading organization into a territorial power. The objective was to establish administrative control and reduce corruption in company governance.

Phase 2: Constitutional Development Under the British Crown (1858-1947)

After the Revolt of 1857, the British government abolished the East India Company and assumed direct control over India. Several reforms were introduced to expand administrative structures and provide limited representation to Indians.

Constitutional Development Under East India Company Rule (1773-1857)

The constitutional development under the East India Company Rule (1773-1857) marked the beginning of British parliamentary intervention in the administration of India. During this period, several important Acts were passed by the British Parliament to regulate the functioning of the East India Company and establish a more centralized administrative system in India.

Regulating Act of 1773

The Regulating Act of 1773 was the first major step taken by the British Parliament to regulate the administration of the East India Company in India. It marked the beginning of centralized governance and parliamentary control over the Company’s political affairs in India.

The Governor of Bengal was designated as the Governor-General of Bengal, giving the Bengal Presidency a superior position over other presidencies.

• Warren Hastings became the first Governor-General of Bengal under this Act.
• The Governors of Bombay and Madras were made subordinate to the Governor-General of Bengal, thereby initiating administrative centralization.
• A Council of four members was created to assist the Governor-General in decision-making.
• Decisions in the council were taken by majority vote, and the Governor-General could be overruled by the council.
• The Court of Directors of the East India Company was required to report on revenue, civil, and military affairs to the British Government.
• The Act prohibited the servants of the Company from engaging in private trade or accepting gifts or bribes from Indians.
• A Supreme Court was established at Calcutta in 1774, consisting of one Chief Justice and three puisne (assistant) judges.
• The Supreme Court had jurisdiction over British subjects and Company officials in Bengal.
• The Act required the Company’s directors to hold office for four years, and one-fourth of the members were to retire every year.
• It marked the beginning of British parliamentary intervention in Indian administration.
• The Act attempted to control corruption and mismanagement within the British East India Company.

Amending Act of 1781 (Act of Settlement)

The Amending Act of 1781, also known as the Act of Settlement, was passed by the British Parliament to remove the defects of the Regulating Act of 1773. It clearly defined the powers and jurisdiction of the Supreme Court at Calcutta and the Governor-General’s Council, thereby reducing conflicts between the executive and the judiciary.

• The Act restricted the jurisdiction of the Supreme Court at Calcutta, which had earlier created conflicts with the Governor-General’s Council.
• It clarified that the Supreme Court would have jurisdiction only over British subjects living in Bengal, Bihar, and Orissa, not over the general Indian population.
• The Governor-General and members of his council were exempted from the jurisdiction of the Supreme Court for their official acts.
• The revenue matters of the East India Company were kept outside the jurisdiction of the Supreme Court.
• The Supreme Court was directed to administer justice according to the personal laws of the parties involved, such as Hindu law for Hindus and Muslim law for Muslims.
• The Provincial courts established by the Company were recognized, and their decisions were kept outside the interference of the Supreme Court.
• Appeals from provincial courts could be made to the Governor-General in Council rather than the Supreme Court.

Pitt’s India Act of 1784

The Pitt’s India Act of 1784 was enacted by the British Parliament to strengthen control over the administration of India and to correct the defects of the Regulating Act of 1773. It introduced a system of dual control, where the British Government supervised political affairs while the East India Company managed commercial activities.

• The Act established a system of dual governance in India between the British Crown and the East India Company.
• A Board of Control was created by the British Government to supervise civil, military, and revenue affairs in India.
• The Board of Control consisted of six members, including the British Secretary of State and the Chancellor of the Exchequer.
• The Court of Directors of the East India Company continued to manage commercial and administrative functions.
• The Governor-General’s Council was reduced from four members to three members, making decision-making more efficient.
• The Commander-in-Chief of the British army in India was often appointed as one of the council members.
• The Governors of Bombay and Madras were placed under the authority of the Governor-General of Bengal, strengthening central control.
• The territories of the East India Company in India were officially described as “British Possessions in India.

Charter Act of 1813

The Charter Act of 1813 renewed the charter of the East India Company for another 20 years but significantly reduced its commercial privileges. It ended the Company’s monopoly over trade with India and opened Indian trade to private British merchants.

• The East India Company’s monopoly over trade with India was abolished, allowing all British merchants to trade with India.
• However, the Company retained its monopoly over trade with China and the tea trade.
• The Act asserted the sovereignty of the British Crown over Indian territories held by the Company.
• It allowed Christian missionaries to enter India and propagate Christianity.
• The Act made a provision of ₹1 lakh annually for the promotion of education in India.
• The powers of the Board of Control over the Company were strengthened.
• The Company continued to exercise political and administrative authority over British territories in India.
• The Act encouraged the spread of Western education and culture in India.

Charter Act of 1833

The Charter Act of 1833 was one of the most significant constitutional measures during the East India Company rule. It centralized administrative power in India and ended the Company’s commercial activities.

• The Governor-General of Bengal was redesignated as the Governor-General of India.
• Lord William Bentinck became the first Governor-General of India.
• The legislative powers of Bombay and Madras presidencies were abolished, and legislative authority was centralized in the Governor-General in Council.
• The East India Company was transformed into a purely administrative body, ending its commercial functions.
• The Governor-General was given complete authority over civil, military, and revenue matters in India.
• A Law Commission was appointed to codify Indian laws, and Lord Macaulay became its first chairman.
• The Act introduced an open competition principle for civil services, stating that Indians should not be disqualified from holding government positions based on religion, race, or birthplace.
• It attempted to create a uniform system of laws for India.

Charter Act of 1853

The Charter Act of 1853 was the last Charter Act passed during the East India Company rule. It introduced significant administrative reforms and laid the foundation for the modern civil services system in India.

• The Charter of the East India Company was renewed without specifying a fixed time period.
• The legislative and executive functions of the Governor-General’s Council were separated.
• The Governor-General’s Legislative Council was expanded by adding six new members.
• These members included representatives from Bengal, Bombay, Madras, and Agra presidencies.
• The Legislative Council functioned like a mini-parliament, adopting procedures similar to the British Parliament.
• The Act introduced competitive examinations for recruitment into the civil services, ending the patronage system.
• The Indian Civil Services (ICS) became open to merit-based recruitment.
• It allowed for local representation in the legislative process through additional council members.

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Constitutional Development Under British Crown (1858-1947)

After the Revolt of 1857, the British Government directly assumed control over India. This marked the beginning of the second phase of constitutional development.

Government of India Act 1858

The Government of India Act of 1858 was passed by the British Parliament after the Revolt of 1857 to reorganize the administration of India. This Act ended the rule of the East India Company and transferred the governance of India directly to the British Crown.

• The rule of the East India Company in India was abolished, and its territories were transferred to the British Crown.
• The British Government assumed direct control over the administration of India.
  The office of the Secretary of State for India was created in the British Cabinet to manage Indian affairs.
• The Secretary of State for India was vested with complete authority over Indian administration.
• The Secretary of State was assisted by a Council of India consisting of 15 members, which functioned as an advisory body.
• The Governor-General of India was given the additional title of Viceroy, representing the British Crown in India.
• Lord Canning became the first Viceroy of India under this Act.
• The Court of Directors and the Board of Control were abolished.
• The Act provided that the Indian administration would be carried out in the name of the British Crown.
• The Secretary of State for India had the power to send secret dispatches to the Viceroy without consulting the Council of India.

Indian Councils Act 1861

The Indian Councils Act of 1861 was an important constitutional reform introduced by the British Government after the Revolt of 1857. The Act aimed to associate Indians with the legislative process and decentralize administrative powers by restoring legislative authority to the provinces.

• The Act expanded the Viceroy’s Executive Council for legislative purposes by adding 6 to 12 additional members.
• For the first time, Indians were nominated as non-official members in the legislative council, introducing limited Indian participation in governance.
• The Act restored the legislative powers of the Bombay and Madras Presidencies, which had been centralized earlier.
• It allowed the Viceroy to issue ordinances in case of emergency without the approval of the legislative council, which would remain valid for six months.
• Legislative councils were established in provinces such as Bengal, Punjab, and the North-Western Provinces.
• The Act introduced the portfolio system, under which members of the Viceroy’s Executive Council were assigned specific departments of administration.
• The Viceroy was empowered to nominate some Indians as members of the legislative council.

Indian Councils Act 1892

The Indian Councils Act of 1892 was enacted by the British Parliament to expand the legislative councils and increase the participation of Indians in the legislative process.

• The number of additional members in the Central and Provincial Legislative Councils was increased, thereby expanding the size of the councils.
• The Act allowed legislative council members to discuss the annual budget, although they were not permitted to vote on it.
• Members of the legislative councils were given the right to ask questions to the executive government regarding public matters.
• However, members had to give prior notice (usually six days) before asking questions.
• The Act introduced the system of indirect elections for the first time, though the term “election” was not officially used in the Act.
• Members were nominated by the Viceroy or Governors based on recommendations from local bodies, such as municipalities, district boards, universities, and chambers of commerce.
• The Act increased the representation of Indians in the legislative councils, although the majority of members were still officials.

Indian Councils Act 1909 (Morley-Minto Reforms)

The Indian Councils Act of 1909, popularly known as the Morley–Minto Reforms, was introduced by John Morley (Secretary of State for India) and Lord Minto (Viceroy of India).

• The Act introduced direct elections for the first time in India to legislative councils.
• The number of non-official members in the legislative councils was increased, though the majority at the centre remained officials.
• Members of the legislative councils were given greater powers to discuss the budget and move resolutions on public matters.
• Members were also allowed to ask supplementary questions to the executive government.
• The Act introduced the system of separate electorates for Muslims, allowing Muslim voters to elect their own representatives.
  For the first time, Indians were appointed to the Viceroy’s Executive Council.
• Satyendra Prasad Sinha became the first Indian member of the Viceroy’s Executive Council, serving as the Law Member.
• The Act also allowed Indians to be appointed to the Executive Councils of the Governors of Bombay and Madras.

Government of India Act 1919 (Montagu-Chelmsford Reforms)

The Government of India Act of 1919, also known as the Montagu–Chelmsford Reforms, was introduced based on the report of Edwin Montagu (Secretary of State for India) and Lord Chelmsford (Viceroy of India).

• The Act introduced bicameralism at the centre for the first time by establishing two houses of legislature: the Council of State and the Legislative Assembly.
• The subjects of administration were divided between the centre and the provinces, which laid the foundation for a federal system in India.
• The Act introduced the system of Dyarchy in the provinces, dividing provincial subjects into reserved and transferred categories.
• The reserved subjects such as law and order, police, finance, and land revenue remained under the control of the Governor and his executive council.
• The transferred subjects such as education, agriculture, public health, and local self-government were administered by Indian ministers responsible to the provincial legislative councils.
• The size of the central and provincial legislative councils was significantly increased, allowing more representation.
• Members of the legislative councils were given greater powers to discuss the budget, ask supplementary questions, and move resolutions on public matters.
• The Act extended the system of communal representation to various communities such as Sikhs, Christians, Anglo-Indians, and Europeans.
• The franchise was expanded but remained limited to people who fulfilled certain property, income, or tax qualifications.
• The Act provided for the establishment of a Public Service Commission in India, which was later established in 1926.
• It also provided for the appointment of a Statutory Commission after ten years to review the working of the constitutional reforms, which later led to the formation of the Simon Commission in 1927.

Government of India Act 1935

The Government of India Act of 1935 was the most comprehensive and significant constitutional reform introduced by the British Parliament for governing India. It was based on the recommendations of the Simon Commission, the Round Table Conferences, and the White Paper of 1933, and it laid the foundation for many features later adopted in the Constitution of India.

• The Act proposed the establishment of an All-India Federation consisting of British Indian provinces and princely states as units.
• It divided powers between the centre and provinces into three lists: Federal List, Provincial List, and Concurrent List.
• The Act introduced provincial autonomy by abolishing the system of dyarchy in the provinces, allowing provincial governments to function independently in their respective areas.
• The governors of provinces were given special powers and discretionary authority, even though elected ministries were formed.
• The Act introduced the system of dyarchy at the centre, although this provision was never implemented.
• It provided for bicameral legislatures in six provinces, including Bengal, Bombay, Madras, Assam, Bihar, and the United Provinces.
• The size of provincial legislatures was increased, giving more representation to Indians.
• The Act established a Federal Court in India in 1937 to resolve disputes between provinces and the centre.
• It provided for the establishment of the Reserve Bank of India, which was set up in 1935 to regulate currency and credit in the country.
  The Act extended the system of communal representation and separate electorates to several communities.
• It expanded the franchise, which included women, increasing the number of eligible voters though still based on property and tax qualifications.
• The Act provided safeguards for the British government, allowing the Governor-General and provincial governors to override elected governments in certain situations.

Cripps Mission (1942)

The Cripps Mission of 1942 was sent to India by the British Government during the Second World War in order to secure Indian support for the British war effort.

• The mission proposed that India would be granted Dominion Status after the end of the Second World War.
• It suggested the creation of a Constituent Assembly to frame a new Constitution for India.
• Members of the Constituent Assembly were to be elected by the provincial legislatures, while the princely states would nominate their representatives.
• The Indian states were given the option to join or not join the proposed Indian Union, which indirectly allowed the possibility of separation.
• Any province that was not willing to accept the new Constitution would have the right to form a separate union and frame its own constitution.
• The British Government would retain control over defence during the war period.
• After the Constitution was framed, a treaty would be signed between Britain and the new Indian government to safeguard minority rights and other interests.
• The proposal allowed Indian participation in the interim government during the war, but with limited authority.

Cabinet Mission Plan (1946)

The Cabinet Mission Plan of 1946 was an important constitutional proposal sent by the British Government to India to resolve the political deadlock between the Indian National Congress and the Muslim League regarding independence and the future constitution of India.

• The plan proposed the creation of a Union of India consisting of British Indian provinces and princely states.
• The Union Government would deal only with three subjects: defence, foreign affairs, and communications, while other subjects would remain with the provinces.
• The provinces were to be grouped into three sections based on religious majorities, which allowed provinces to work together on certain matters.
• The plan proposed the formation of a Constituent Assembly to frame the Constitution of India.
• The Constituent Assembly was to consist of 389 members, including representatives from British Indian provinces and princely states.
• Members from the provinces were to be elected indirectly by the provincial legislative assemblies.
• The princely states were to nominate their representatives to the Constituent Assembly.
• The plan also proposed the formation of an Interim Government at the centre until the new Constitution was framed.
• Until the Constitution was drafted, India would continue to be governed according to the provisions of the Government of India Act, 1935.
• The Constituent Assembly would also function as the Dominion Legislature until the new Constitution came into force.

Mountbatten Plan

The Mountbatten Plan of 1947, also known as the 3 June Plan, was announced by Lord Louis Mountbatten, the last Viceroy of India, to resolve the political deadlock between the Indian National Congress and the Muslim League.

• The plan proposed the partition of British India into two independent dominions, India and Pakistan.
• It stated that power would be transferred to the two dominions on 15 August 1947.
• The Punjab and Bengal provinces were to be partitioned based on the religious majority of districts.
• A Boundary Commission was to be set up to demarcate the borders between India and Pakistan.
• The legislative assemblies of Punjab and Bengal were given the option to vote on whether their provinces should be partitioned.
• The North-West Frontier Province (NWFP) was to decide its future through a referendum.
• The princely states were given the option to join either India or Pakistan.
• The British Government would transfer all authority to the respective dominion governments after independence.

Indian Independence Act, 1947

The Indian Independence Act of 1947 was passed by the British Parliament in July 1947 to implement the provisions of the Mountbatten Plan.

• The Act created two independent dominions, India and Pakistan, with effect from 15 August 1947.
• The British Government ended its sovereignty over British India.
• Each dominion was given the power to frame its own constitution through its Constituent Assembly.
• The office of the Secretary of State for India was abolished.
• The Governor-General was appointed in each dominion to act as the representative of the British Crown.
• The legislative authority was transferred completely to the Constituent Assemblies of India and Pakistan.
• The princely states were released from the control of the British Crown and were free to join either India or Pakistan.
• The Government of India Act of 1935 was to continue as the interim constitution until new constitutions were framed.