Introduction
- India’s Constitution evolved through a series of British-enacted Acts and administrative reforms.
- Can be studied in two phases:
- Company Rule (1773–1858)
- Crown Rule (1858–1947)
- These laid the structural, legal, and institutional groundwork for the Indian Constitution.
Company Rule (1773–1858)
Regulating Act of 1773
- First Parliamentary intervention in East India Company affairs.
- Created post of Governor-General of Bengal (Warren Hastings).
- Centralized administration – Madras & Bombay subordinate to Bengal.
- Supreme Court established at Calcutta (1774).
- Prohibited Company officials from private trade and gift-taking.
Pitt’s India Act, 1784
- Distinguished political vs. commercial functions.
- Created Board of Control (political) and Court of Directors (commercial).
- Referred to Company territories as “British possessions in India.”
- Governor’s Councils for Madras and Bombay were established.
Charter Act of 1833
- Governor-General of India created (Lord William Bentinck).
- Centralized legislative powers.
- Ended East India Company’s commercial functions.
- First attempt to codify Indian laws through the Law Commission (1835).
Charter Act of 1853
- Legislative and executive functions separated for the first time.
- Open competition introduced for ICS recruitment.
- Representation introduced in the Legislative Council (6 new members nominated).
Crown Rule (1858–1947)
Government of India Act, 1858
- Company rule ended post-1857 revolt.
- Powers transferred to British Crown.
- Created Secretary of State for India and Indian Council (15 members).
- Governor-General became the Viceroy (first: Lord Canning).
Indian Councils Act, 1861
- Introduced Indian representation (3 Indians in Legislative Council).
- Restored legislative powers to Madras & Bombay (beginning of decentralization).
- Introduced portfolio system in executive.
Indian Councils Act, 1892
- Introduced indirect elections.
- Members could now discuss budgets and question the executive.
Indian Councils Act, 1909 (Morley-Minto Reforms)
- Introduced direct elections for the first time.
- Expanded Legislative Councils (Central Council now had 60 members).
- Introduced separate electorates for Muslims.
- First Indian in Executive Council: Satyendra Prasad Sinha (Law Member).
Government of India Act, 1919 (Montagu-Chelmsford Reforms)
- Introduced Diarchy in Provinces:
- Reserved subjects: handled by Executive Councillors (e.g. police, finance)
- Transferred subjects: handled by Ministers (e.g. education, health)
- Introduced bicameralism at the centre (Council of State and Legislative Assembly).
- First time Public Service Commission was created.
- Franchise expanded (10% adult population).
Government of India Act, 1935
- Most comprehensive Act, formed basis of India’s Constitution.
- Proposed All-India Federation (never materialized).
- Introduced Federal, Provincial & Concurrent Lists.
- Abolished diarchy at provinces; introduced it at the Centre.
- Provinces made autonomous.
- Federal Court, RBI, and Provincial PSCs established.
- Separation of Burma and Aden from India.
Indian Independence Act, 1947
- Declared India as an independent and sovereign nation.
- Abolished the Viceroy’s executive powers, made him a constitutional head.
- Power transferred to Indian Constituent Assembly.
Significance for Constitution-Making
- Many administrative and institutional frameworks from these Acts were adopted or modified in the Indian Constitution:
- Federalism (GOI Act 1935)
- Bicameralism (GOI Act 1919 & 1935)
- Public Service Commissions
- Separation of PowersGovernor-General → President, Viceroy → Nominal Head
