Historical Underpinnings of Indian Constitution (2 Parts (Queen's…
Historical Underpinnings of Indian Constitution
Company's Rule (1773- 1858)
Regulating Act, 1773
It recognized for the first time- administrative and political functions of the company and laid foundation for central administration in India.
Governor of Bengal ---> Governor- General of Begal + provided Governor- General of Bengal with an executive council of 4 people. ( Warren Hastings)
Presidencies of Madras and Bombay ---> Subordinate to Presidency of Bengal ---> Beginning of Centralization in India
Private trade and bribery was prohibited for Company's servants
Court of Directors were to give account of military and trade.
Pitt's India Act, 1784
2 Bodies were constituted to perform administrative and commercial functions, respectively.
Board of Control ---> manage administrative and political affairs
Court of Directors ---> to perform commercial functions
Company's territories in India were called " British's Territories in India"
Charter Act, 1833
Governor General of Bengal --> Governor General of India (William Bentick) . Governor General of India had civil and military power.
Governors of Bombay and Madras were deprived of their legislative powers and
laws made before the Act were called as Regulations and laws made by Gov- Gen of India after the act were called as Acts.
It ended the commercial activities of Company in India and made Company purely administrative body that too under the scrutiny of Crown via Board of Control.
System of open competition into Civil Services was introduced and it was later negated by opposition from Court of Directors
Charter Act, 1853
Separated the Legislative and Executive functions of Governor- General Council. The Legislative functioning of Gov- Gen was supplemented by a Central Legislative Council that had 6 members initially. Thus, legislation was for the first time treated as a special function.
Competition for Civil Services was opened up and Macaulay Commission was setup in 1854.
It allowed Indian representation in Central Legislative Council as 4 out of 6 members were Indians and appointed by local provincial governments- Madras, Bombay, Agra and Bengal.
Queen's Rule ( 1858- 1947)
GoI Act, 1858/ Act of Good Government of India, 1858
Gov- Gen of India ---> Viceroy of India (Lord Canning) + Empire in India was to be ruled in the name of her majesty
Double system of Government i.e, Board of control and Court of Directors was abolished and Crown's representative in India became Secretary of State (who was a Cabinet Minister in Britain) + The SoS was assisted by a council of 15 members, called as India Council, which was advisory in nature.
India Council was a Corporate Body and could be sued in India and Britain
Indian Councils Act, 1861
associating Indians with Law Making Process by nominating some Indians as non- official members in the expanded Central Legislative Council
restoring of legislative powers of Bombay and Madras Presidencies (reversing the centralization tendencies, that were set in motion by Act of 1773)
gave recognition to 'portfolio system' that was initiated by Lord Canning.
allowed Viceroy to issue ordinances, without the concurrence of Legislative Council, during an emergency.
Indian Councils Act, 1892
increased the strength of non- official members in central and provincial legislative councils, although, official majority was maintained.
Legislative Councils can now discuss budget and ask questions to the executive
recommendations for nomination in Legislative Councils
Central Legislative Council
By Viceroy from provincial legislative councils and Bengal Chamber of Commerce
Provincial Legislative Councils
by Governors on the recommendations from District Boards, Municipalities, etc
Morley Minto Reforms, 1909
Expansion of Central and Provincial Legislative Councils and non- official majority in provincial Councils but not in Central Legislative Council.
Powers of Central Legislative Council were increased as now members can ask supplementary questions and move resolutions on the budget.
For the 1st time, an Indian was associated with Viceroy's executive Council- Satyendranath Sinha as a Law Member
Separate electorates for Muslims
Montford Reforms, 1919
Dyarchy of Provincial Subjects-
Demarcation of central and provincial subjects and provincial subjects were divided into - reserved and transferred. The reserved subjects were dealt by Governor of the province in consultation with his executive council and transferred subjects were dealt by Governor of the province in consultation with the provincial council.
of the Central Legislative Assembly
3/6 members of Central Executive Council of Viceroy were to be Indians (except Commander- in - Chief)
Extended communal representation to Sikhs, Indo- Christians, Anglo- Indians and Europeans
After the recommendations of Lee Commission, Central Public Services Commission was established in 1926.
Provincial and Central budgets were separated.
GoI Act, 1935
establishment of an All- India federation comprising of Princely states and Provinces
legislative subjects were divided into 3 lists- federal, provincial and concurrent with residual subjects remaining with Viceroy
abolition of dyarchy in provinces and extension of provincial autonomy i.e, the Governor was required to act on the aid and advice of members of Provincial Legislative Councils.
prescribed dyarchy at Central Legislative Assembly but it never fructified as Federal part of GoI Act, 1935 was never implemented.
extension of communal electorate to depressed classes
It abolished India Council of SoS and established an advisory body
establishment of RBI by an Act
Federal Court in 1937