Historical Background of Indian Polity
Historical Background of Indian Polity
Easy and detailed notes on Historical Background of Indian Polity including British Acts, constitutional reforms, and evolution of Indian administration and governance.
160O: British came as traders royal charter by monarch.
In 1764, the British defeated the combined forces of Mir Qasim, Shuja-ud-Daula (Nawab of Awadh), and Shah Alam II in the Battle of Buxar.
1765: Diwani of Bengal, Bihar and Orissa by Shah Alam II
Bombay (now Mumbai) was given by the Portuguese to the British as part of the marriage treaty between: Catherine of Braganza and Charles II in 1661.
1858: Power to British Crown.
Evolution of the Constitution under British rule
- The Company Rule (1773-1858)
- The Crown Rule (1858-1947)
The Company Rule (1773-1858)
1773 → Regulating Act
↓
• First step by British Parliament to control East India Company
• Governor of Bengal became Governor-General of Bengal
• Supreme Court established at Calcutta
↓
1781 → Amending Act (Act of Settlement)
↓
• Removed defects of Regulating Act
• Defined powers of Supreme Court and Governor-General
↓
1784 → Pitt’s India Act
↓
• Dual control started
(British Government + East India Company)
• Board of Control established
↓
1786 → Act of 1786
↓
• Governor-General received more powers
• Commander-in-Chief post could be held together
↓
1793 → Charter Act of 1793
↓
• Company rule extended for 20 years
• Governor-General powers increased
↓
1813 → Charter Act of 1813
↓
• End of Company trade monopoly
(except tea & China trade)
• Christian missionaries allowed in India
↓
1833 → Charter Act of 1833
↓
• Governor-General of Bengal became
Governor-General of India
• End of Company’s commercial activities
• Centralization of administration
↓
1853 → Charter Act of 1853
↓
• Last Charter Act
• Separate legislative & executive functions
• Open competition for Civil Services started
↓
1858 → End of Company Rule
↓
• After Revolt of 1857
• British Crown took direct control of India
Quick Trick to Remember Order - R A P A C C C C
Regulating Act of 1773
Need for the Act
- To control and regulate the affairs of the East India Company in India
- British Government recognised the political and administrative functions of the Company
- Laid the foundation of Central Administration in India
Main Features of the Act
- Governor of Bengal → Governor-General of Bengal
- First Governor-General → Lord Warren Hastings
- Supreme Court established at Calcutta (1774) →1 Chief Justice + 3 Judges
- Bombay & Madras Presidencies → Made subordinate to Governor-General of Bengal
- Governor-General of Bengal → Assisted by Executive Council of 4 Members
- Governor-General + 4 Councillors → Called "Governor-General-in-Council"
- Court of Directors → Had to report Revenue, Civil & Military Affairs to British Government
- Company Servants →Private trade and acceptance of gifts/presents prohibited
Regulating Act 1773 = First step by British Parliament to control East India Company administration in India.
Amending Act of 1781 (Act of Settlement)
Why was this Act passed?
Regulating Act 1773 created confusion between Supreme Court and
Governor-General. So, the British Government passed the Amending Act of 1781
to remove these problems.
Main Features
- Governor-General, Council & Company servants → Not answerable to Supreme Court for official work
- Revenue matters (tax collection) → Removed from Supreme Court control
- Supreme Court →Jurisdiction limited mainly to people living in Calcutta
- Appeals from Provincial Courts → Went to Governor-General-in-Council not to Supreme Court
- Governor-General-in-Council → Could make rules for Provincial Courts
- and Councils
- Supreme Court → Had to follow personal laws (Hindu law for Hindus,
- Muslim law for Muslims)
Act of 1781 reduced the powers of the Supreme Court and clarified the powers of Governor-General and Company officials.
Pitt's India Act of 1784
Significance of the Act
For the first time, the Company's territories in India were called “British Possessions in India.”
The British Government was given supreme control over the affairs and administration of the East India Company in India.
Features of the Act
1. Separation of Functions
The Act distinguished between:
- Commercial functions → Managed by the East India Company
- Political functions → Controlled by the British Government
2. Introduction of Double Government
The Act introduced a system of Double Government, involving two authorities:
1. Authority - Court of Directors → Managed the commercial activities of the Company. A secret committee of three directors handled important political matters in contact with the British Government.
2. Authority - Board of Control (New Body) → Represented the British Government and supervised civil, military, and revenue affairs of British possessions in India.
Overall Importance
- Increased British Crown control over India.
- Reduced the political independence of the East India Company.
- Laid the foundation for centralized British administration in India.
Act of 1786
The Act of 1786 was passed to fulfil the demands of Lord Cornwallis, who was appointed as the Governor-General of India.
Main Provisions of the Act
- Power to Override Council Decisions → The Governor-General was allowed to override the decisions of his Council in special cases.
- Governor-General as Commander-in-Chief → The Governor-General was also made the Commander-in-Chief of the British Indian Army.
Importance
- Increased the powers of the Governor-General.
- Strengthened central administration in British India.
- Gave more authority to Lord Cornwallis for efficient governance.
Charter Act of 1793
This Act Continued Company's rule over British territories in India
Features of the Act
- Commander-in-Chief not be a member of Governor-General's Council Unless appointed so.
- Extended Trade Monopoly of EIC with India for another 20 years
- Overriding Powers are Extended to all future Governor-Generals and Governors of Presidenices
- Board of Controller and it's staff to be paid out of Indian Revenues
Charter Act of 1813
- Abolished the trade monopoly of the East India Company in India.
- Monopoly of tea trade and trade with China continued.
- Promoted Western education in India.
- British Crown got greater sovereignty over Company territories.
- Local governments were allowed to impose and collect taxes.
- People could be punished for non-payment of taxes.
- Christian missionaries were allowed to enter India and spread Christianity.
- Increased British Government control over Indian administration.
Charter Act of 1833
- Governor of Bombay and Madras lost their legislative powers.
- Governor-General of Bengal became the Governor-General of India.
- Lord William Bentinck became the first Governor-General of India.
- For the first time, the Government of India was created.
- Governor-General of India received all civil and military powers.
- East India Company became a purely administrative body.
- The Company lost all its commercial and trading activities.
- Laws made before this Act were called Regulations.
- Laws made under this Act were called Acts.
- Introduced the system of open competition for Civil Services.
- Open competition system was later cancelled due to opposition from the Court of Directors.
- Entire legislative powers of India were given to the Governor-General of India (GGI).
- Helped in centralization of administration in British India.
- Centralized administration of British India under one authority.
- Increased control of the British Government over India.
Charter Act of 1853
It was the last Charter Act of the East India Company.
- Open competition system for Civil Services was introduced.
Indians were allowed to enter Covenanted Civil Services (higher services).
- Covenanted Services = Higher services created by law.
- Uncovenanted Services = Lower services created otherwise.
- Thomas Babington Macaulay Committee on Indian Civil Service was appointed in 1854.
- Legislative and Executive functions of Governor-General’s Council were separated
- Six new members called Legislative Councillors were added to the Governor-General’s Council. This made legislation a special function of the Government.
- Local representation was introduced in the Indian (Central) Legislative Council.
Out of 6 Legislative Councillors, 4 were appointed by local governments of:
- Madras
- Bombay
- Bengal
- Agra
Helped in increasing participation of provinces in law-making.
The first Indian to clear the Indian Civil Services (ICS) examination was Satyendranath Tagore in 1863.
The Crown Rule (1858-1947)
Government of India Act, 1858
- East India Company Rule Ended → British Crown took direct control of India
- New Post Created → Secretary of State for India
- Governor-General became → Viceroy of India
- First Viceroy → Lord Canning
- 15-Member Council of India → Helped Secretary of State
- Double Government Abolished → Board of Control + Court of Directors removed
- All Powers Transferred → Government, territories & revenue shifted to British Crown
Short Trick to Remember - “CROWN RULE STARTED”
- C → Company ended
- R → Revenues transferred
- O → Office of Secretary of State created
- W → Whole control to British Crown
- N → New title = Viceroy
- R → Removed Double Government
- U → Under Crown administration
- L → Lord Canning = 1st Viceroy
- E → Executive control centralized
“1858 Act ended East India Company rule and transferred complete control of India to the British Crown.”
Indian Councils Act, 1861
- After Revolt of 1857 → British wanted Indians in law-making process
Main Features of Indian Councils Act, 1861
- Indians Included in Law Making → Indians added as non-official members in Viceroy’s Council
3 Famous Indians Nominated
- Raja of Benaras
- Maharaja of Patiala
- Sir Dinkar Rao
- Viceroy Got Ordinance Power → Can issue ordinance during emergency, Valid for 6 months
New Legislative Councils Created
- Bengal → 1862
- NWFP → 1886
- Punjab → 1897
- Decentralization Started → Powers divided to provinces
- Madras & Bombay Got Legislative Powers Back → Restored local law-making powers
Easy Trick to Remember → “I LOVe DMP”
- I → Indians included
- L → Legislative councils created
- O → Ordinance power to Viceroy
- V → Viceroy expanded council
- D → Decentralization started
- M → Madras powers restored
- P → Provincial councils strengthened
“Indian Councils Act 1861 started Indian participation in law-making and began decentralization in British India.”
Indian Councils Act, 1892
- More Additional Members Added → Extra non-official members added in: Central Legislative Council & Provincial Legislative Councils
- Budget Discussion Started → Legislative councils could discuss the budget
- Questions to Executive Allowed → Members could ask questions to the government
Indirect Election Introduced
- Limited election system started indirectly
- Word “Election” was NOT used
- Word used = “Nomination”
Recommendation System → Members nominated on recommendation of:
- Universities
- Municipalities
- District Boards
- Chambers of Commerce
Viceroy & Governors Got Nomination Power
- Viceroy nominated members in Central Council
- Governors nominated members in Provincial Councils
Easy Trick to Remember → “BQEN”
- B → Budget discussion introduced
- Q → Questions allowed to Executive
- E → Election introduced indirectly
- N → Non-official members increased
“Indian Councils Act 1892 increased council members, allowed budget discussion and introduced indirect elections in British India.”
Indian Councils Act, 1909
(Morley–Minto Reforms)
- Morley - secretary of State for India
- Minto - viceroy of India
Introduced Separate Electorate
- Muslims got separate representation
- Muslims could elect their own representatives
- Communal Representation Started → Beginning of communal politics in India
- Lord Minto → Called “Father of Communal Electorate”
- Legislative Councils Expanded → Central Council members increased: 16 → 60 , Provincial council size also increased
Majority System
- Central Legislative Council → Official Majority
- Provincial Councils → Non-official Majority
- Indians Included in Executive Councils → Indians appointed in Viceroy & Governor Executive Councils
- First Indian in Viceroy’s Executive Council → Satyendra Prasad Sinha → Became Law Member
Trick to Remember → “SMILE”
- S → Separate electorate for Muslims
- M → Morley-Minto reforms
- I → Indians joined Executive Council
- L → Legislative councils expanded
- E → Election based communal representation
“Indian Councils Act 1909 introduced separate electorate for Muslims and expanded legislative councils.”
Government of India Act, 1919
(Montagu–Chelmsford Reforms)
- Introduced Responsible Government → Aim: gradual self-government in India & Came into force in 1921
Montagu & Chelmsford
- Montagu → Secretary of State for India
- Chelmsford → Viceroy of India
Main Features
- Central & Provincial Subjects Separated → Powers divided between Centre and Provinces But system still remained centralized
- Dyarchy Introduced in Provinces
Two parts of administration:
1. Transferred Subjects
- Handled by Governor + Ministers
- Ministers responsible to Legislative Council
- Examples: Education, Health, Agriculture
2. Reserved Subjects
- Handled by Governor + Executive Council
- Not responsible to Legislature
- Examples: Police, Finance, Revenue
Bicameral Legislature Introduced at Centre Two Houses created:
- Council of State → Upper House
- Legislative Assembly → Lower House
- Direct Elections Started → Majority of members elected directly
- Dyarchy Introduced in Provinces
- Provincial subjects divided into: Transferred Subjects & Reserved Subjects
- Central Public Service Commission (1926)
Recommended by Lee Commission (1923–24) → First Central Public Service Commission established in 1926
- Separate Budgets → Provincial budgets separated from Central budget for first time
- Limited Franchise → Voting rights only for people based on: Property,Tax payment & Education
- High Commissioner for India → New office created in London ,More Indians in Executive Council, 3 out of 6 members were Indians Except Commander-in-Chief
- Expanded Communal Representation
Separate representation given to:
- Sikhs
- Indian Christians
- Anglo-Indians
- Europeans
Simon Commission Provision →Statutory Commission after 10 years to review
Act & Simon Commission appointed in 1927
Easy Trick to Remember “DPS CHESS”
- D → Dyarchy
- P → Public Service Commission
- S → Separate provincial budget
- C → Communal representation expanded
- H → High Commissioner in London
- E → Executive Council Indians increased
- S → Simon Commission
- S → Suffrage limited
“Government of India Act 1919 introduced dyarchy, limited voting rights, communal representation and established the basis for Public Service Commission and Simon Commission.”
Simon Commission Report (1930)
- Simon Commission → A 7-member statutory commission & Submitted report in 1930
- All Members Were British → No Indian member included
- Indians Boycotted the Commission → All major political parties opposed it
Main Recommendations
- Continue Communal Electorate → Separate electorate system should continue
- Abolition of Dyarchy → Dyarchy in provinces should end
- Federation of British India → Proposed federal system in India
Round Table Conferences
- Suggested discussions for constitutional reforms
- Resulted in 3 Round Table Conferences
- White Paper Prepared → “White Paper on Constitutional Reforms” prepared later
- Basis of Government of India Act, 1935 → Many recommendations included with changes
Easy Trick to Remember “CAFRW”
- C → Communal electorate continued
- A → Abolition of dyarchy
- F → Federation proposed
- R → Round Table Conferences
- W → White Paper prepared
“Simon Commission (1930) recommended abolition of dyarchy, continuation of communal electorate and federation in India, which later influenced the Government of India Act 1935.”
Communal Award, 1932
- Introduced By →British PM Ramsay MacDonald
Main Features
- Representation of Minorities → Special representation scheme for minorities
- Separate Electorates Continued Given to: Muslims, Sikhs, Indian Christians, Anglo-Indians & Europeans
- Separate Electorate Extended to Depressed Classes → Depressed Classes (SCs) also given separate electorate
- Gandhiji Opposed It → Mahatma Gandhi started fast unto death in Yerawada Jail
Poona Pact (1932)
Agreement between: Congress & Depressed Classes leaders
- Separate electorate for SCs removed
- Joint Hindu electorate retained
- Reserved seats given to Depressed Classes
Easy Trick to Remember “SFGP”
- S → Separate electorate continued
- F → Fast unto death by Gandhi
- G → Groups/minorities represented
- P → Poona Pact
“Communal Award 1932 extended separate electorate to Depressed Classes, but Poona Pact replaced it with reserved seats in joint electorate.”
Government of India Act, 1935
- Longest Act passed by British Parliament
- Had 321 Sections and 10 Schedules
Main Features
Provincial Autonomy Introduced
- Dyarchy in provinces abolished
- Provinces got autonomous powers
- Bicameralism Introduced in 6 Provinces Two Houses in: Bengal,Bombay,Madras
- Bihar,Assam,United Provinces
- All-India Federation Proposed Federation of: British Provinces & Princely States But Princely States did not join Federation never started
Division of Powers
- Federal List → Centre subjects →59 items
- Provincial List → Province subjects → 54 items
- Concurrent List → Common subjects →36 items
- Dyarchy Introduced at Centre
- Federal subjects divided into: Reserved Subjects & Transferred Subjects
- Residuary Powers → Given to Viceroy
Public Service Commissions Established:
- Federal Public Service Commission
- Provincial Public Service Commission
- Joint Public Service Commission
Reserve Bank of India → RBI established
- Federal Court → Established in 1937
- Council of India Abolished →Council created by Act of 1858 removed
- Franchise Expanded → About 10% population got voting rights
- Communal Representation Extended Given to: ,Scheduled Castes,Women & Labour/Workers
Easy Trick to Remember “FABRIC RCF”
- F → Federal system proposed
- A → Autonomy to provinces
- B → Bicameralism
- R → RBI established
- I → India lists divided (Federal, Provincial, Concurrent)
- C → Communal representation expanded
- R → Residuary powers to Viceroy
- C → Court established (Federal Court)
- F → Franchise expanded
“Government of India Act 1935 introduced provincial autonomy, proposed an all-India federation, divided powers through three lists and established RBI and Federal Court.”
Indian Independence Act, 1947
- 20 Feb 1947 → Clement Attlee announced: British rule in India would end by 30 June 1948
3 June 1947
- Lord Mountbatten introduced Mountbatten Plan
- Congress & Muslim League accepted partition plan
- Result → Indian Independence Act, 1947
Main Features
- End of British Rule → British control over India ended
- Partition of India → Two dominions created: India & Pakistan
- Freedom to Princely States → Could: Join India, Join Pakistan & Remain Independent
- Office of Secretary of State Abolished → Post removed
- Office of Viceroy Abolished → Separate Governor-General for India & Pakistan
- Governors to Work on Minister’s Advice → Governor & Provincial Governors acted on advice of Council of Ministers
- Constituent Assembly Became Legislature → Constituent Assembly became Parliament of India
- Civil Service Control Ended → Secretary of State stopped appointments/reservations in services
- King Lost “Emperor of India” Title → British King dropped title
- First Governor-General of Independent India → Lord Mountbatten
- First Prime Minister of Independent India → Jawaharlal Nehru
- No British Law After 15 Aug 1947 → British Parliament laws would not apply automatically
Easy Trick to Remember “PIF VG”
- P → Partition of India & Pakistan
- I → Independence from British rule
- F → Freedom to princely states
- V → Viceroy abolished
- G → Governor-General appointed
“Indian Independence Act 1947 ended British rule, partitioned India and Pakistan, abolished the Viceroy system and gave full legislative sovereignty to both dominions.”
Quick Recap
The Company Rule (1773-1858)
The Crown Rule (1858-1947)
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