Constitutional Development of the India (1773-1950)

Constitutional Development of the India (1773-1950):

• Constitutional development referred to the changes in the Constitution under British period to the time when Indian Constitution came into effect from 1950.
• In this article, candidate will learn and understand the historical background of the Indian Constitution under British empire and its development.
• After 1773,  Indian Constitution witnessed many Regulations and Acts enacted by the British government which can be classified into two phases: 1) The Company Rule (1773- 1857) &  2) The Crown Rule (1857- 1947). constitutional development of india

Latest Current Affairs 2023: Weekly, Monthly Current Affairs (PDF)

Constitutional Development of the India (1773-1950)

The Company Rule (1773-1857)

The Regulating Act (1773)

• The first step taken by the British Parliament was to regulate and control the affairs of East India Company by the British Government.
• Provided for centralization of administration of company’s territories in India.
• Governor of Bengal became Governor-General of Bengal.
• A Supreme Court was to be established at Fort William in Calcutta.
• Sir Elijah Impey was the first Chief Justice.

The Pitt’s Act (1784)

• This act gave the British Government the supreme command over company’s affair and its administration in India.
• Court of directors consisting of 24 members was appointed to look after commercial functions.
• Provided for board of controls of 6 parliamentary commissioners appointed to control Civil, Military and Revenue Affairs in India.

Charter Act (1793)

• This act established the Company’s trade monopoly with India.
• Salaries of staff was to be paid from the company.
• The Company had to pay the British government Rs. 5 Lakhs annually from Indian revenue.

The Charter Act of 1813

• Their trade monopoly was ended except for the trade in tea, opium, and with China.
• Provided Rs. 1 Lakh in education.
• Defined the Constitutional position of British Indian territories for the first time.

The Charter Act of 1833

• With the introduction of this act, centralization of powers begin.
• Ended the East India Company Monopoly of trade even in tea & with China.
• Governor-General of Bengal to be called Governor-General of India (Note: Lord William Bentinck was the first Governor-General of India).
• All legislative, administrative and financial powers were given to governor- general of India.
• A law commission (under Lord Macaulay) was constituted for the unification of laws.

The Charter Act (1853)

• Legislation was introduced for the first time as separate form of “executive functions.”
• Recruitment of company’s employee was to be done through Competitive Exams. (excluding Indians)
• It introduced for the first time Local representative in the Indian Legislative Council.

The Crown Rule (1857-1947)

Government of India Act (1858)

• The power was shifted from the company to the British Crown.
• The rights East India Company were handed over to the British Crown.
• The Governor-General of India was made the Viceroy of India. (Note: Lord Canning was the first Viceroy of India)
• The Secretary of State of India was appointed.
• A unitary and highly centralized administrative structure was created.

The Indian Council Act, 1861

• The Executive Council was now to be called the Central Legislative Council.
• A 15-members was added to the Viceroy’s executive council.
• Portfolio system (by Lord Canning in 1859) was introduced so that work could be distributed among members.
• Discussion of Budget was allowed for the first time.

Indian Councils Act,1909

• This act was also known as the “Morley- Minto Act”. Morley was the then Secretary of state while Minto was the then Viceroy of India.
• Additional members in the central legislative assembly were increased to 60.
• Indirect elections were introduced for the first time to the Legislative Councils.
• The members of legislative council could ask supplementary questions, discuss bills e.t.c.
• Separate electorates were introduced for the Muslims.
• Communal Representation was introduced.
• Satyendra Prasad Sinha became the first Indian to join Viceroy’s executive council.

The Government of India Act, 1919 (Montague- Chelmsford Act)

• Montague was the then Secretary of the state while Chelmsford was the Viceroy of India.
• Direct elections were introduced for the first time in India.
• Subject of administration were divided into two categories- “Central” (matters relating to the railways & finance) and “Provincial” (matters relating to the administration).
• Bicameral Legislature was introduced for the first time. The provincial subjects divided into two categories- “Transferred” and “Reserved” subjects.
• “Dyarchy System” was introduced in the province.

The Government of India Act, 1935

• Provided for 3-fold division of legislative power i.e. 3 lists- Federal, Provincial and Concurrent lists.
• Dyarchy system was introduced at the central level.
• Provided for the establishment of a Federal court.
• Bicameralism was introduced in 6 Provinces (Bengal, Bombay, Madras, Assam, Bihar, United Provinces) out of 11 provinces.
• Establishment of Reserve Bank of India (RBI).

Cripps Mission (1942)

• In March 1942, Cripps Mission was sent to India under the leadership of Sir Stafford Cripps.
• Dominion status was proposed after the 2^nd world war.
• “Constitution of India” to be made by an assembly whose members were elected by provincial assemblies.

Cabinet Mission Plan (1946)

• A cabinet mission was sent to India in February 1946 to discuss the power transfer in India under the leadership of Lord Atlee.
• There was to be a “union of India” consisting both British provinces and Indian states with control over foreign affairs, defence and communication.
• On 2^nd September 1946, a 14 members from Major political parties would form an interim government to assist the transfer of powers.
• The Cabinet Mission consists of 3 members: 1) Lord Pethick Lawrence,  2) Sir Stafford Cripps &  3) Mr. A.V. Alexander.
• The union constitution was to be framed by Constituent Assembly on November 1946.

Note: The idea to have a constitution was given by M.N Roy in 1934.

Indian Independence Act, 1947 (Mountbatten Plan)

• This act did not lay down any provisions for the Indian administration.
• Partition of India & the establishment of two dominions of India & Pakistan on 15th August 1947.
• Ended the British rule in India.
• Constitutional Development of the India (1773-1950)

Frequently Asked Questions (FAQ’s)

Q1) What is meant by the Constitutional Development?

Ans. Constitutional development referred to the changes in the Constitution under British period to the time when Indian Constitution came into effect from 1950. Constitutional Development of the India (1773-1950).