Important Acts before Independence

Regulating Act, 1773

Significance:

  1. Recognized the political and administrative functions of the East India Company (EIC).
  2. Laid the foundation for central administration in India.

Features:

  1. Governor of Bengal (GoB) was elevated to Governor-General of Bengal (GGoB) (Warren Hastings).
  2. Established an Executive Council of four members to assist the Governor-General.
  3. Governors of Bombay and Madras were made subordinate to the Governor-General of Bengal.
  4. Supreme Court established at Calcutta.
  5. Company servants were prohibited from engaging in private trade with natives.
  6. Strengthened British government control by requiring the Court of Directors (CoD) to report on revenue, civil, and military affairs.

Amending Act, 1781

Features:

  1. Exempted the Governor-General, Council, and Company servants from the jurisdiction of the Supreme Court (SC) for acts done in an official capacity.
  2. Excluded revenue matters from the jurisdiction of the Supreme Court.
  3. Appeals from Provincial Courts could be taken to the Governor-General-in-Council, not the Supreme Court.
  4. The Governor-General was authorized to frame regulations for Provincial Courts and Councils.

Pitt’s India Act, 1784 (also known as the East India Company Act, 1784)

Significance:

  1. First official reference to India as “British possessions in India.”
  2. The British government gained supreme control over the Company’s affairs and administration in India.

Features:

  1. Distinction between commercial and political functions of the Company.
  2. Dual Government system introduced → Creation of the Board of Control (BoC) (6 members, headed by the Secretary of State) to manage political affairs.
  3. BoC was empowered to supervise and direct all civil, military, and revenue operations of the government.

Act of 1786

Features:

  1. Governor-General given overriding authority over the Council in special cases.
  2. Lord Cornwallis became Commander-in-Chief along with being Governor-General.

Charter Act, 1793

Features:

  1. Required royal approval for appointing the Governor-General, Governors, and Commander-in-Chief.
  2. Senior officials of the Company could not leave India without permission.
  3. EIC was empowered to grant licenses for trade in India.
  4. Revenue administration was separated from judicial functions.
  5. Home government expenses were to be paid from Indian revenues.
  6. Commander-in-Chief was not to be a member of the Governor-General’s Council unless specifically appointed.

Charter Act, 1813

Significance:

  • For the first time, the constitutional position of British territories in India was explicitly defined.

Features:

  1. Ended the Company’s monopoly on trade, except for tea and opium trade with China.
  2. Permitted Christian missionaries to propagate English education and preach religion.
  3. Allocated ₹1 lakh for education in India.
  4. Regulations made by Bengal, Madras, and Bombay were to be presented before the British Parliament.

Charter Act, 1833 (also known as the Saint Helena Act, 1833)

Significance:

  • Marked the final step in centralization.

Features:

  1. Governor-General of Bengal (GGoB) → Became Governor-General of India (GGI) (William Bentinck).
  2. GGI was given all civil and military powers and exclusive legislative authority over the entire British-controlled territory.
  3. Governors of Bombay and Madras were stripped of legislative powers.
  4. The EIC ceased to be a commercial entity → Became a purely administrative body.
  5. Attempted to introduce open competition for civil services, but failed due to resistance from the Court of Directors.
  6. Indian laws were to be codified and consolidated.
  7. Directed authorities to take steps to abolish slavery.
  8. A Law Member was added to the Governor-General’s Council.

Charter Act, 1853

Significance:

  1. Last in the series of Charter Acts.
  2. Marked a significant constitutional landmark in India’s governance.

Features:

  1. Separated legislative and executive functions of the Governor-General of India’s Council.
  2. Established the Indian Legislative Council (ILC) as a mini-parliament.
  3. Introduced open competition in civil services, allowing Indians to compete for covenanted posts.
  4. Local representation in the ILC → Provincial legislatures nominated four members (from Bombay, Madras, Bengal, and Agra).

Government of India Act, 1858

Significance:

  1. Abolished the East India Company (EIC).
  2. Transferred power directly to the British Crown.

Features:

  1. Established direct Crown rule → Governor-General of India (GGI) and Governors of Presidencies to be appointed by the Crown.
  2. Governor-General of India was designated as the Viceroy (first Viceroy: Lord Canning).
  3. Ended the Dual Government system introduced under Pitt’s India Act (1784); abolished both the Board of Control (BoC) and the Court of Directors (CoD).
  4. Created the Secretary of State for India (SoS), who had complete authority over Indian administration and was responsible to the British Parliament.
  5. Council of India (CoI) was established as an advisory body, headed by the SoS.
  6. SoS-in-Council became a corporate body, capable of suing and being sued in both India and England.

Indian Councils Act, 1861

Significance:

  • Recognized the need for Indian cooperation in administration.

Features:

  1. Beginning of representative institutions → Introduced Indian representation in the Indian Legislative Council (ILC) through nomination.
  2. Decentralization initiated → Restored legislative powers of Bombay and Madras, which had been taken away by the Charter Act of 1833. However, the Legislative Council of Calcutta retained power to pass laws for all of British India.
  3. Portfolio system introduced → Members of the Viceroy’s Executive Council were assigned specific departments, transforming it into a cabinet-style portfolio system.
  4. Ordinance-making power granted to the Viceroy (valid for six months without ILC approval).

Indian Councils Act, 1892

Significance:

  • Introduced the element of indirect elections, though the word “election” was not explicitly mentioned in the Act.

Features:

  1. Increased the number of non-official members in both the Indian Legislative Council and Provincial Legislative Councils.
  2. Allowed Legislative Councils to discuss the budget and ask questions to the Executive (but no supplementary questions were allowed).
  3. Introduced the Principle of Representation → Nomination of some non-official members:
    • ILC → Nominated by the Viceroy on the recommendation of Provincial Legislative Councils.
    • Provincial Legislative Councils → Nominated by the Governor on the recommendation of district boards, municipalities, universities, trade associations, zamindars, and chambers of commerce.

Morley-Minto Reforms, 1909 (Indian Councils Act, 1909)

Features:

  1. Introduced indirect elections, but in a very limited manner.
  2. Non-official majority in Provincial Legislative Councils (but not at the central level).
  3. Legislative Council reforms:
    • Increased the size of both Provincial and Central Councils.
    • Members were allowed to ask supplementary questions and move resolutions on the budget.
  4. Indians included in the Executive Councils of both the Viceroy (S.P. Sinha) and Provincial Governors.
  5. Separate Electorates introduced → Muslims, Chamber of Commerce, Universities, and Zamindars got distinct representation.

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

Significance:

  1. British government officially stated the objective of introducing responsible government in India (in a separate preamble).
  2. Introduced the principle of direct elections.

Features:

  1. Division of powers between Centre and Provinces:
    • Subjects were divided into Central and Provincial categories.
    • Separation of budgets:
      • Central Budget → 25% votable, 75% non-votable.
      • Provincial Budget → Fully votable, meaning it could be rejected, but the Governor had the power to restore it.
    • Provinces had responsible government, but the Centre did not → The Governor-General retained full control over reserved subjects in the Provinces.
  2. Provincial Administration – Introduction of Dyarchy:
    • Transferred subjects (administered by the Governor with Ministers responsible to the Legislative Council) → Agriculture, Local Government, Health, Education.
    • Reserved subjects (administered by the Governor and Executive Council without responsibility to the LC) → Law and Order, Finance, Irrigation, Police.
  3. Bicameralism introduced at the Centre:
    • Indian Legislative Council (ILC) replaced by:
      • Council of State → Only male members.
      • Legislative Assembly → Both houses had a majority of directly elected members.
  4. Viceroy’s Executive Council → 3 out of 6 members were Indians.
  5. Separate electorates extended → Sikhs, Christians, Anglo-Indians, and Europeans were also given separate representation.
  6. Limited franchise → Voting rights were based on a minimum tax qualification.
  7. Public Service Commission (PSC) introduced → Established the Central Public Service Commission (CPSC) in 1926.
  8. High Commissioner for India appointed in London, transferring some functions from the Secretary of State for India.

Simon Commission (1927-1930)

Recommendations:

  1. Abolition of Dyarchy in the provinces.
  2. Extension of responsible government in the provinces.
  3. Proposed a Federation of India (including British India and Princely States).
  4. Continuation of communal electorates.

Government of India Act, 1935

Significance:

  • Laid the framework for a completely responsible government in India.

Features:

  1. Establishment of an All-India Federation (British India + Princely States), but not implemented due to lack of support from princely states.
  2. Division of powers into three lists:
    • Federal List (Centre).
    • Provincial List (Provinces).
    • Concurrent List (Both Centre and Provinces).
    • Residuary powers vested in the Viceroy (VR).
  3. Abolition of Dyarchy at the provincial level, but introduced Dyarchy at the Centre.
  4. Provincial Autonomy → Provinces were granted autonomous administration with responsible government.
    • The Governor was required to act on the aid and advice of responsible ministers.
    • The Governor’s authority was directly derived from the British Crown.
  5. Bicameralism introduced in provinces → Implemented in 6 out of 11 provinces.
  6. Separate electorates extended to Depressed Classes, Women, and Labourers.
  7. Abolished the Council of India (CoI).
  8. Established the Reserve Bank of India (RBI).
  9. Created Public Service Commissions:
    • Federal Public Service Commission (FPSC).
    • Provincial Public Service Commissions (PPSC).
    • Joint Public Service Commissions (JPSC).
  10. Established a Federal Court to adjudicate disputes between provinces and the Centre.
  11. Extended the franchise → 10% of the population gained voting rights.

Indian Independence Act, 1947

Features:

  1. Abolished the office of the Viceroy → Created a Governor-General (GG) for each dominion, appointed by the British King on the advice of the Dominion Cabinet.
  2. Abolished the office of the Secretary of State for India (SoS) → Transferred functions to the Secretary of State for Commonwealth Affairs.
  3. Constituent Assembly became fully sovereign → Had the power to repeal any Act of the British Parliament.
  4. Lapse of British paramountcy over Princely States → Treaty relations with tribal areas were also dissolved.
  5. The British Monarch lost the power to veto bills, but the Governor-General retained this power.
  6. Governor-General of India and Governors of Provinces became constitutional heads → Required to act on the aid and advice of the Council of Ministers (CoM) in all matters.
  7. Discontinued the appointment of civil servants by the Secretary of State.
  8. Provincial administration continued to function under the provisions of the Government of India Act, 1935 until a new constitution was adopted.

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