INTRODUCTION TO CONSTITUTIONAL DEVELOPMENT (1773–1947)

The Indian Constitution’s development spans over 175 years of administrative experiments and reforms under British colonial rule. This progression laid the foundation for the Constitution adopted in 1950. These developments can be broadly classified into two phases:

1. Under the East India Company (1773–1857):

1. • Marked by the initial attempts at regulating the administration of the East India Company.
   • Key laws: Regulating Act of 1773, Pitt’s India Act of 1784, Charter Acts.

2. Under the British Crown (1858–1947):

1. • Transition of governance to the Crown post-1857 revolt.
   • Key reforms: Government of India Act, 1858, Councils Acts, Morley-Minto Reforms, Montagu-Chelmsford Reforms, and Government of India Act, 1935.

CONSTITUTIONAL DEVELOPMENT UNDER THE EAST INDIA COMPANY (1773–1857)

1. Regulating Act of 1773

The first significant constitutional law passed by the British Parliament to regulate the East India Company’s administration.

• Causes:

• • East India Company’s financial mismanagement.
  • Rampant corruption and lack of accountability.
  • Pressure to protect the Company’s territorial acquisitions and streamline administration.

• Provisions:

• • Created the post of Governor-General of Bengal (first held by Warren Hastings) with a council of four members.
  • Subordinated Bombay and Madras presidencies to Bengal.
  • Established a Supreme Court at Calcutta to adjudicate civil, criminal, admiralty, and ecclesiastical cases.
  • Directors of the Company were required to report on revenue and civil/military administration to the British Government.

• Significance:

• • First attempt at parliamentary oversight of Indian administration.
  • Initiated the process of centralization and consolidation in governance.

• Criticism:

• • Lack of clarity on jurisdiction led to conflicts between the Supreme Court and the Governor-General’s Council.
  • No legislative power was granted.

2. Pitt’s India Act of 1784

This Act refined the provisions of the Regulating Act and established a dual system of governance.

• Key Provisions:

• • Created a Board of Control to oversee civil, military, and revenue matters.
  • Reduced the Governor-General’s council to three members for efficiency.
  • Reaffirmed the Governor-General of Bengal’s authority over Bombay and Madras.
  • Declared Company-acquired territories as Crown possessions.

• Significance:

• • Improved administrative efficiency through centralized control.
  • Established dual governance: Board of Control for policy and Directors for commerce.

• Criticism:

• • Conflicts persisted between the Board and the Directors.
  • Legislative powers still undefined.

3. Charter Acts (1793–1853)

Charter Act of 1813

• Ended the East India Company’s monopoly in trade except for tea and opium.
• Allowed missionaries to propagate Christianity in India.

Charter Act of 1833

• Centralized legislative powers under the Governor-General’s Council.
• Allowed Indians to be employed in public services.
• Ended the Company’s trading rights, confining it to administrative roles.

Charter Act of 1853

• Introduced a competitive examination for Indian Civil Services.
• Proposed separation of legislative and executive functions.

CONSTITUTIONAL DEVELOPMENT UNDER THE BRITISH CROWN (1858–1947)

1. Government of India Act, 1858

Post-1857 Revolt, this Act transferred authority from the East India Company to the British Crown.

• Key Provisions:

• • Created the post of Secretary of State for India in Britain, accountable to Parliament.
  • Governor-General was renamed Viceroy of India.
  • Abolished the dual governance system of the Company.

• Significance:

• • Centralized authority under the Crown.
  • Improved administrative oversight.
  • Continued exclusion of Indians from decision-making.

2. Indian Councils Acts (1861, 1892)

Indian Councils Act, 1861

• Introduced legislative councils in provinces, allowing limited Indian representation.
• Empowered the Governor-General to issue ordinances.
• Established legislative decentralization.

Indian Councils Act, 1892

• Enlarged legislative councils and introduced indirect elections for Indian representatives.
• Members were permitted to discuss budgets and ask questions.
• Significance:

• • Enhanced Indian participation in administration.
  • Laid groundwork for further reforms.

3. Morley-Minto Reforms (Indian Councils Act, 1909)

This Act introduced critical political reforms and communal representation.

• Provisions:

• • Enlarged legislative councils at both central and provincial levels.
  • Introduced communal electorates for Muslims, allowing them to elect their representatives.
  • Granted Indians the right to discuss budgets and propose resolutions.

• Significance:

• • First legal recognition of communal divisions.
  • Strengthened the policy of limited Indian participation.

• Criticism:

• • Reinforced communalism, sowing seeds for partition.

4. Montagu-Chelmsford Reforms (Government of India Act, 1919)

• Provisions:

• • Introduced Dyarchy in provinces:
    • Transferred subjects: Administered by Indian ministers (e.g., health, education).
    • Reserved subjects: Controlled by British officials (e.g., police, revenue).
  • Established a bicameral legislature at the center:
    • Council of State (Upper House).
    • Legislative Assembly (Lower House).

• Significance:

• • First step toward provincial autonomy.
  • Limited association of Indians with governance.

• Criticism:

• • Powers of Indian ministers were nominal.
  • Electorate was restricted to a small, privileged class.

5. Simon Commission and Round Table Conferences

Simon Commission (1927)

• Proposed abolition of Dyarchy and introduction of federalism.
• Widespread protests due to exclusion of Indians.

Round Table Conferences (1930-32)

• Discussed federal structure, communal representation, and safeguards for minorities.
• Contributed to drafting the Government of India Act, 1935.

6. Government of India Act, 1935

The most comprehensive reform before independence.

• Provisions:

• • Introduced provincial autonomy, giving elected representatives more control.
  • Proposed a federal system with princely states.
  • Extended communal electorates.

• Significance:

• • Blueprint for India’s Constitution.
  • Empowered provincial governments.

• Criticism:

• • Failed to establish full federalism due to princely states’ non-cooperation.

7. Indian Independence Act, 1947

This Act finalized the transfer of power and partition.

• Provisions:

• • Partitioned India into India and Pakistan.
  • Granted full legislative sovereignty to both dominions.
  • Abolished British paramountcy over princely states.

• Significance:

• • Marked the culmination of constitutional development.
  • Set the stage for independent governance.

LEGACY AND INFLUENCE ON THE CONSTITUTION OF INDIA

1. British Legal Framework

• Rule of law and governance principles heavily influenced Indian constitutional law.
• Codified laws like the Indian Penal Code, 1860, and Civil Procedure Code, 1908 were retained.

2. Nationalist Movements

• The demand for Swaraj and the formation of the Indian National Congress shaped the Constitution’s democratic character.
• Leaders like Tilak, Gandhi, and Nehru emphasized secularism, federalism, and social justice.

3. Communal Representation

• Introduced in 1909, communal representation perpetuated divisions, influencing the Constitution’s approach to secularism.

4. Global Influence

• American Constitution: Inspiration for Fundamental Rights.
• Canadian Constitution: Model for federal structure.
• Irish Constitution: Basis for Directive Principles of State Policy.

CHRONOLOGY OF KEY EVENTS

 

Year	Legislation/Event	Significance
1773	Regulating Act	Parliamentary oversight initiated.
1858	Government of India Act	Crown assumes control.
1909	Morley-Minto Reforms	Communal electorates introduced.
1919	Montagu-Chelmsford Reforms	Provincial Dyarchy introduced.
1935	Government of India Act	Provincial autonomy granted.
1947	Indian Independence Act	Partition and sovereignty established.