What's New

Charter Constitutional Structure of British State in India

British rule that laid down the legal framework for the organisation and functioning of government and administration in British India have greatly influenced our Constitution and polity.

Acts and Laws

Regulating Act, 1773

• The act designated the Governor of Bengal as the Governor-General of Bengal. The First Governor-General of Bengal was Lord Warren Hastings.
• It subordinated the Governors of Bombay and Madras to the Governor-General of Bengal.
• The Supreme Court was established at Fort William (Cal cutta) as the Apex Court in 1774.

Pitt’s India Act of 1784

• The act established Board of Control over the Court of directors to guide and supervise the affairs of the company in India.
• It was introduced to remove the drawbacks of the Regulat ing Act. It was named after the then British Prime Minister.

The act placed the Indian affairs under the direct control of the British Government.

Act of 1813

• This Act asserted the Crown’s sovereignty over British possessions in India.
• The company’s rule was extended to another 20 years. Their trade monopoly was ended except for the trade in tea, opium, and with China.
• It empowered the local governments to tax people subject to the jurisdiction of the Supreme Court.
• The Act gave more powers for the courts in India over European British subjects.
• Another important feature of this act was to grant permission to the missionaries to come to India and engage in religious proselytization.
• The company was also to take up a greater role in the edu cation of the Indians under them. It was to set aside Rs.1 Lakh for this purpose.

Charter Act of 1833

• Company’s monopoly of trade with India was completely abolished. The act created the post of Governor General of India. It made the Governor General of Bengal as the Governor General of India.
• First Governor General of India was Lord William Bentick.
• The Governments of Bombay and Madras were deprived of their legislative powers. This was the final step towards centralization in the British India.
  • .

  Charter Act of 1853

  • In 1853, the charter act of 1833 was to time out and had to be renewed. It was renewed but no substantial changes were made. Legislative and Executive Councils were separated.
  • The charter act of 1833 provided the Haileybury college of London should make quota to admit the future civil servants. However, this system of an open competition was never effectively operated.
  • A committee under the chairmanship of Lord Macaulay had prepared the regulations in this context.

  Government of India Act of 1858

  • British Crown assumed sovereignty over India from the East India Company. It provided absolute imperial control without any popular participation in the administration of the country.
  • This Act transferred the Government, territories and rev enues of India from the East India Company to the British Crown. The rule of company was replaced by the rule of Crown in India.
  • The powers of the British Crown were to be exercised by the Secretary of State for India. The secretary of state was a member of the British Cabinet. He was assisted by the Council of India, having 15 members.
  • He was vested with complete authority and control over the Indian administration through the Governor-General as his agent. He was responsible ultimately to the British Parlia ment. The Governor General was made the Viceroy of India. Lord Canning was the first Viceroy of India 1858.

  Indian Councils Act of 1861

  • It introduced, for the first time, the representative institutions in India. It provided that the Governor General’s Executive Council should have some Indians as the non-official mem bers while transacting the legislative businesses.
  • The act initiated the process of decentralization by restor ing the legislative powers to the Bombay and the Madras Presidencies. It accorded the statutory recognition to the portfolio system.

  Indian Councils Act of 1892

  • The act introduced the principle of elections but in an in direct manner.
  • It enlarged the functions of the Legislative Councils and gave them the power of discussing the Budget and addressing questions to the Executive.

  Indian Councils Act of 1909

  • This act is also known as the Morley-Minto Reforms after the Secretary of State for India (Lord Morley and the Viceroy Lord Minto). It changed the name of the Central Legislative Council to the Imperial Legislative Council.
  • The act introduced a system of Communal representation for Muslims by accepting the concept of ‘separate electorate’.

  It was the first attempt to introduce a representative and popular element in Indian Administration.

  • Lord Minto came to be known as the ‘Father of communal electorate’.

  Government of India Act of 1919

  • This act is also called Montague-Chelmsford Reform after the Secretary of State for India (Montague) and the Viceroy (Chelmsford). It introduced Dyarchy in the Provinces that is division of subjects of administration into transferred and reserved. Transferred subjects to be the responsibility of Ministers responsible to the Legislative Council.
  • Indian Legislature to become Bi-Cameral (Council of State composed of 60 members and Legislature Assembly com posed of 144 members).

  Government of India Act 1935

  • The act provided for federation taking the Provinces and the Indian princely states as units. A federal court was to be established. Burma was separated from India.
  • The act divided the powers between the centre and the units in terms of three lists, namely the Federal List, the Provincial List and the Concurrent List.
  • It provided for the establishment of a Reserve Bank of India to control the currency and credit of the country. The act introduced bicameralism in 6 out of 11 Provinces.
  • These six Provinces were Assam, Bengal, Bombay, Bihar, Madras and the United Province.

  Indian Independence Act of 1947

  • It was based on the famous Mountbatten Plan (3rd June, 1947). Parliament on July 5, 1947. The Act relieved the as sent of the crown on 18 July, 1947 and be became effective on 15 August, 1947.
  • The main provisions were:

• Two Dominion States, India and Pakistan, came into existence on 15 August, 1947. The boundaries between the two Dominion States were to be determined by a boundary Commission headed by Sir Cyril Radcliff.
• Both the states had the right to frame their Constitutions by their respective Constituent Assemblies. They also had the right to leave the British Common wealth.
• Till the new Constitutions were not effective, the gov ernments in the two states would be run on the basis of Provisions of the Government of India Act, 1935:
• The British Crown ceased to be ruler of India.
• The members of the civil services appointed before 15 August, 1947 continued to remain in service and to enjoy all benefits, which they were entitled to avail so far.