The Company Rule (1773-1858)
Regulating Act of 1773
This act is
of great constitutional importance as:
1.
It
was the first step taken by the British Govt to control and regulate the
affairs of the East India Company in India.
2.
It
recognized for the first time the political and administrative functions of the
company.
3.
It
laid the foundations of central administration in India.
Features of the Act
1.
It
designated the Governor of Bengal as the Governor-General of Bengal and created
an Executive Council of four members to assist him. First such Governor General
was Lord Warren Hastings.
2.
It
made the governors of Bombay and Madras presidencies subordinate to the
governor-general of Bengal, unlike earlier, when the three presidencies were
independent of one another.
3.
It
provided for the establishment of a Supreme Court of Calcutta (1774) comprising
one chief justice and three other judges.
4.
It
prohibited the servants of the company from engaging in any private trade or
accepting presents or bribes from the natives.
5.
It
strengthened the control of the British Govt over the company by requiring the
Court of Directors to report its revenue, civil and military affairs in India.
Pitt’s India Act of
1784
To remove the defects of the Regulating Act of 1773, The
British Parliament passed the Amending Act of 1781, (also known as Act of
Settlement).
Features
1.
It
distinguished between the commercial and political functions of the company.
2.
It
allowed the Court of Directors to manage commercial affairs but created a new
body called Board of Control to manage the political affairs. So, it
established a system of double govt.
3.
It empowered the Board of Control to supervise
and direct all operations of the Civil and military government or revenues of
the British possessions in India.
After this Act, company’s territories in India were for the first time
called the British possessions in India.
Also, the British Govt was given the supreme control over the company’s
affairs and its administration in India.
Charter Act of 1833
It was the final step towards centralization in British India.
Features
1.
It
made GG of Bengal as the GG of India and vested in him all civil and military
powers. Lord William Bentick was the
first GG of India.
2.
Now,
the Governors of Bombay and Madras had no legislative powers. The GG of India
was given exclusive legislative powers for the entire British India. The laws
made under the previous acts were called as Regulations while laws made under this act were called as Acts.
3.
This
Act ended the activities of the East India Company as a commercial body, which
became a purely administrative body.
4.
It
attempted to introduce a system of open competition for selection of civil
servants, and stated that Indians should not be debarred from holding any
place, office and employment under the Company. But this provision was negated
after opposition from the Court of Directors.
Charter Act of 1853
It was the last of the series of Charter Acts passed by the
British Parliament between 1793 and 1853.
Features
1.
It
separated the legislative and executive functions of the GG’s council for the
first time. Provided for addition of six new members called legislative
councilors to the council. So, it established it established a separate GG’s
legislative council which came to be known as the Indian (Central) Legislative
Council. The legislative wing of the council functioned as a mini-Parliament,
adopting the same procedures as the British Parliament. So, legislation for the
first time was treated as a special function of the government requiring
special machinery and special process.
2.
It
introduced an open competition system of selection and recruitment of civil
servants which was now opened to Indians also.
3.
It
extended the Company’s rule and allowed it to retain the possession of Indian
territories on trust for the British Crown without specifying any particular period
unlike previous charters.
4.
It
introduced (for the first time) local representations in the Indian (Central)
Legislative Council. Out of the 6 legislative members, four members were
appointed by the local governments of Madras, Bombay, Bengal and Agra.
The Crown Rule (1858-1947)
Government of India Act 1858
This Act was
enacted in the wake of the Revolt of 1857 also known as First War of
Independence or the sepoy mutiny. This act is also known as the Act for the
Good Government of India. It abolished the East India Company, and transferred
the powers of govt, territories and revenues to the British Crown.
Features
1.
It
provided that India henceforth was to be governed by, and in the name of Her
Majesty. Now, the designation of the GG of India was changed to that of Viceroy
of India. He was the direct representative of the British Crown in India. Lord
Canning became the first Viceroy of India.
2.
This
act ended the system of double govt because Board of Control and Court of
Directors were abolished.
3.
Now,
a new office of Secretary of State for India was created and it was vested with
completed authority and control over Indian administration. He was a member of
the British Cabinet and was responsible ultimately to the British Parliament.
4.
This
act established a Council of India with 15 members to assist the secretary of
state for India. He was made the chairman of the council.
5.
The
act also constituted the secretary of state-in-council as a body corporate,
capable of suing and being sued in India and England.
The act did not alter in any substantial way the system of
govt that prevailed in India.
Indian Councils Act of
1861, 1892 and 1909
After the sepoy mutiny, the British govt felt that
cooperation of Indians in the admin was required. So, three acts were enacted
by the British Parliament in 1861, 1892 and 1909.
Features of the Act of
1861
1.
This
act began representative institutions by associating Indian with the law-making
process. It provided that Viceroy should nominate some Indians as non-official
members of his expanded council. In 1862, Lord Canning, the then viceroy,
nominated three Indians to his legislative council-Raja of Benaras, Maharaja of
Patiala and Sir Dinkar Rao.
2.
This
act started decentralization by restoring the legislative powers to the Bombay
and Madras Presidencies. We can say that it reversed the centralizing tendency
that started from the Regulating Act of 1773 (reached its climax under the
Charter Act of 1833). So, this policy of legislative devolution resulted in the
grant of almost complete internal autonomy to the provinces in 1937.
3.
The
act also provided for the establishing new legislative councils for Bengal,
North-West Frontier Province (NWFP) and Punjab, which were established in 1862,
1866 and 1897, respectively.
4.
The
act also gave recognition to the portfolio system introduced by Lord Canning in
1859. Under this, a member of the Viceroy’s council was made in-charge of one
or more departments of the govt and was authorized to issue final orders on
behalf of the council on matters of his department.
5.
The
act empowered the Viceroy to issue ordinances without the concurrence of the
legislative council, during an emergency. Life of such ordinances was six
months.
Features of the Act of 1892
1.
It
somehow increased the number of additional members in the Central and
provincial legislative councils.
2.
This
act increased the functions of legislative councils and gave them the power of
discussing the budget.
3.
The
act also provided for the nomination of some non-official members of (a)
Central legislative council by the Viceroy, (b) Provincial legislative councils
by Governors.
Features of the Act of
1909
The act is also called as Morley-Minto Reforms (Lord Morley
was the then Secretary of State for India and Lord Minto was the then Viceroy
of India.
1.
This
act considerably increased the size of the legislative councils (Central and
provincial). The number of members in the Central legislative council was
raised from 16-60.
2.
This
act retained official majority in the Central legislative Council.
3.
Now,
the act had increased the functions of the legislative functions at both the
levels and the members could ask questions, move resolutions on budget etc.
4.
Now,
the provision came for the first time, for the association of Indians with the
executive Councils of the Viceroy and Governors. Satyendra Prasad Sinha became the first Indian to join the Viceroy’s
Executive Council. He was
appointed the law member.
5.
The
act also introduced a system of communal representation for Muslims by separate
electorate. Now, the Muslims were to be elected only by Muslim voters. The act
and Lord Minto came to be known as Father
of Communal Electorate.
Government of India Act
of 1919
The British Govt on Aug 20, 1917 for the first time declared
that their aim was to introduce responsible govt in India.
So, the GOI Act 1919 was enacted and it came into force on
1921. The act is also known as Montagu-Chelmsford Reforms (because Montagu was
the Secretary of State for India and Lord Chelmsford was the Viceroy of India).
Features of the act
1.
Now,
the central and provincial legislatures could make laws on their list of
subjects with still the structure of the govt centralized.
2.
The
act further divided the provincial subjects into two parts- transferred and
reserved. The transferred subjects were to be administered by the governor with
the aid of ministers responsible to the legislative council. The reserved
subjects were to be administered b the governors and his executive council
without being responsible to the legislative council. This dual scheme of
running the govt was called DYARCHY
(remained unsuccessful).
3.
The
act also introduced bicameralism and direct elections. So, the Indian
Legislative Council was replaced by a bicameral legislature consisting of an
Upper House (Council of State) and a Lower House (Legislative Assembly). Most
of the members of both the houses were chosen by direct elections.
4.
The
act required that six members of the Viceroy’s executive Council had to be
Indians.
5.
The
act also extended the principle of communal representations after providing
separate electorates for Sikhs, Indian Christians, Anglo-Indians and Europeans.
6.
The
act granted franchise to a ltd number of people on the basis of properly, tax
and education.
7.
The
act created a new office of the High Commissioner for India in London and
transferred to him some of the functions performed by the Secretary of State
for India.
8.
The
act provided for the establishment of a public service commission. So, a
Central Public Service Commission was set up for in 1926 for recruiting civil
servants.
9.
The
act separated first time provincial budgets from Central budget and authorized
the provincial legislatures to enact their own budgets.
10.
The
act now provided for the appointment of a statutory commission to inquire into
and report on its working after 10 yrs of its coming into action.
Simon Commission
In November 1927, the British govt announced the appointment
of a 7-member statutory commission under the chairmanship of Sir John Simon
commission to report on the condition of India under its new constitution. All
members of the commission were British and all the parties boycotted the commission.
The commission submitted its report in 1930 and recommended
the abolition of diarchy, extension of responsible govt in the provinces,
establishment of a federation of British India and princely states,
continuation of communal electorate and so on. To British govt convened three
round table conferences to consider the proposals of the commission. The conference
was to be of British govt, British India and Indian princely states. On the
discussion basis, a White paper on
constitutional reforms was prepared and submitted for the consideration of
the Join select committee of the British parliament.
The recommendation so f the committee were incorporated (with
some changes) in the next Govt of India Act of 1935.
Communal Award
In Aug 1932, Ramsay MacDonald, British PM announced a scheme
of representation of the minorities which came to be known as the Communal
Award. The award not only continued to separate Muslims, Sikhs, Indian
Christians, Anglo-Indians and Europeans but also extended it to the depressed
classes. Gandhi was distressed over it
and took fast unto death in Yeravada jail (Poona) to modify the award. And
then there was an agreement between the leaders of the Cong and depressed
classes. The agreement came to be known as Poona Pact, retained the Hindu joint
electorate and gave reserved seats to the depressed classes.
Govt of India Act of
1935
This act marked a second milestone towards a complete
responsible govt. It was lengthy and detailed with 321 Sections and 10
Schedules.
Features
1.
It
provided for the establishment of an All India Federation consisting of
provinces and princely states as units. It divided the powers between the
Centre and units in terms of three lists Federal
List (for centre with 59 items), Provincial
List (with 54 items) and the Concurrent
List (for both, with 36 items). Since the princely states did not join it
the federation didn’t come into being.
2.
Now,
the diarchy was abolished by this act in the provinces and provincial autonomy came into being. Now the governor was required
to act with the advice of ministers responsible for provincial legislature. It
came into effect in 1937 and discontinued in 1939.
3.
It
provided for the adoption of diarchy at the Centre.
4.
The
act introduced bicameralism in six out of 11 provinces. The legislatures of
Bengal, Bombay, Madras, Bihar, Assam and the United Provinces were made
bicameral consisting of a legislative council (upper house).
5.
The
act extended the principle of communal representation by providing separate
electorates for depressed classes (SC, women and labourers).
6.
It
abolished the Council of India, established by the GOI Act 1858. The secy of
state for India was provided with a team of advisers.
7.
Now,
10% of population got the right to vote.
8.
The
act provided for the establishment of a Reserve Bank of India.
9.
The
act provided for the establishment of not only a Federal Public Service
Commission but also a Provincial Public Service Commission and Joint Public
Service Commission for two or more provinces.
10.
The
act also provided for the establishment of a Federal Court that was set up in
1937.
Indian Independence Act
of 1947
On Feb 20, 1947, the British PM Clement Atlee declared that
the British rule in India would end by June 30, 1948 after which the powers
would be transferred to responsible Indian hands.
Again on June 3, 1947, the British Govt made it clear that an
constitution framed by the constituent assembly of India (formed in 1946) cant
apply to those parts of the country which were unwilling to accept it. On the
same day, (June 3) Lord Mountbatten, the then viceroy of India, put forth the
partition plan, also known as the Mountbatten
Plan. The plan was accepted by the Cong and the Muslim League.
Features
1.
It
ended the British rule in India and declared India as an independent and
sovereign state from 15 Aug, 1947.
2.
It
provided for the partition of India and creation of two independent dominions
of India and Pakistan with right to secede from the British Commonwealth.
3.
The
act abolished the office of viceroy and provided for each dominion, a GG, who
was to be appointed by the British King on the advice of the dominion cabinet. His
Majesty’s Govt in Britain was to have no responsibility with respect to the GOI
or Pakistan.
4.
It
empowered the Constituent Assembly of two dominions to frame and adopt any
constitution for their respective nations and to repeal any act of the British
Parliament.
5.
It
empowered the CA of both the dominions to legislate for their respective
territories till the new constitution was drafted and enforced. No act of the
British Parliament passed after August 15, 1947.
6.
It
abolished the office of the secy and transferred his functions to secy of state
for Commonwealth Affairs.
7.
The
act granted freedom to the Indian princely states and treaty relations with
tribal areas from August 15, 1947.
8.
The
act provided for the governance of each of the dominions and provinces by the
GOI 1935 till the new constitution was framed.
9.
The
act deprived British Monarch of his right to veto bills or ask for reservation
of certain bills for his approval. But, this right was reserved for the GG. The
GG would have full power to assent to any ill in the name of His Majesty.
10.
It
designated the GG of India and the provincial governors as (nominal) heads of
the states. They were made to act on the advice of the respective council of
ministers in all matters.
11.
It
dropped the title of Emperor of India from royal titles of king of England.
12.
The
act discontinued the appointment of civil services and reservation of posts by
secy. The members of the civil services appointed before Aug 15, 1947 would
continue to enjoy all benefits that they were entitled to till that time.
At midnight 14-15 Aug, 1947, the British rule ended and the
power was transferred to the two new independent Dominions of India and Pak.
Lord Mountbatten became the first GG of the new dominion of
India. He swore in J. Nehru as the first PM of Independent India.
The CA formed in 1946 became the Parliament of Indian
Dominion.
Keys:
GG: Governor General
GOI: Government of India
Cong: Congress
The writer has consulted a few books to write these details.
Nasser Gorsi
