Sunday 24 June 2012

Constitutional evolution under British rule



  1. Regulating Act 1773

Ø  beginning of British parliamentary control over the East India Company

Ø  subordination of the presidencies of Bombay and Madras to Bengal

Ø  Governor of Bengal made Governor-General

Ø  council of Governor-General established

Ø  Supreme Court established in Calcutta

  1. Pitt’s India Act 1784

Ø  commercial and political activities of the Company separated

Ø  established a board of control over the Company

  1. Charter Act 1813

Ø  trade monopoly of the Company abolished

Ø  missionaries allowed to preach in India

  1. Charter Act 1833

Ø  Governor-General of Bengal becomes Governor-General of India

Ø  first Governor-General Lord William Bentick

Ø  ends commercial activities of the Company

  1. Charter Act 1853

Ø  legislative and executive functions of the Governor-General’s council separated

Ø  open competition for Indian Civil Services established

  1. Indian Council Act 1861

Ø  establishes legislative councils at the centre, presidencies and provinces

Ø  Governor-General’s executive council to have Indians as non-official members

Ø  restores legislative power to Bombay and Madras presidencies

Ø  recognises portfolio system of governance

  1. Indian Council Act 1892

Ø  introduces indirect elections

Ø  enlarges the function of legislative councils giving the power to discuss the budget and address questions to the executive

Ø  enlarges the size of the legislative councils

  1. Government of India Act 1898

Ø  administration taken over directly by the British crown

Ø  office of the Governor-General replaced by the Viceroy

Ø  first Viceroy is Lord Canning

  1. Indian Council Act 1909 (Minto-Morley Reforms)

Ø  first attempt to introduce representative and popular element to government

Ø  changed name of Central Legislative Council to Imperial Legislative Council

Ø  increased the non-official members in the Imperial and Provincial legislative councils

Ø  non-official members hold majority in the provincial legislative councils, but official members hold majority in the central

Ø  appointed Indians to the Viceroy’s Executive Council and provincial executive councils

Ø  established separate electorate for Muslims

  1. Government of India Act 1909 (Montagu-Chelmsford Reforms)

Ø  classified government subjects into central and provincial

Ø  established dyarchy in the provinces

Ø  Provincial subjects divided into Reserved and Transferred. Reserved subjects administered by the Governor, Transferred subjects by Indian ministers

Ø  central legislature covered all central subjects and some provincial subjects

Ø  all bills of the legislatures required Governor-General’s assent, while the Governor-General could enact bills without assent from legislatures

Ø  established the Public Service Commission

  1. Government of India Act 1935

Ø  provided for the establishment of a Federation of India consisting of the Provinces and Princely States

Ø  dyarchy withdrawn from the provinces and established at the Centre. Introduced ‘provincial autonomy’

Ø  introduced direct elections

Ø  proposed the Federal Legislature to be bicameral

Ø  administrative subjects divided into Federal, Provincial and Concurrent

Ø  reserved subjects at the Centre to be administered by the Governor-General

Ø  Governor-General to be assisted by a Council of Ministers

Ø  Provided for the establishment of a Federal Court with original, appellate and advisory jurisdiction. Appeals from the Federal Court went to the Privy Council in London

Ø  Burma and Aden separated from India

  1. Indian Independence Act 1947

Ø  sovereignty and responsibility of the British Parliament for India abolished

Ø  Governor-General and provincial Governors become constitutional heads

Ø  the British crown ceases to be the source of authority

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