Constitutional Development of India

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Welcome to my new topic  constitutional development of India. Total 15 parts constitutional development of India. First part 1.

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Constitutional Development of India

1.Indian Constitution is the lengthiest written constitution in the world. The

development of the Constitution in its present form has its roots in British rule.

2.A Constituents Assembly was formed in 1946 as suggested by M.N. Ray in 1934 Regulating Act of 1773.

3.It was the first step taken by British Government to control and regulate the

affairs of East India Company in India.

 It made Governor or Bengal as Governor-General of Bengal and an Executive

Council (comprising of four members) was created for providing assistance to

Governor-General.

4.Lord Warren Hastings became first Governor-General of Bengal. The act also

laid the provisions for the establishment of Supreme Court at Calcutta with one

Chief Justice and three other judges. It was established in 1774 with Sir Elijah

Impey appointed as the Chief Justice.

Pitt’s India Act of 1784

1.Pitt’s India Act, 1784 was passed to rectify the defects of Regulating Act of 1773.

2.This act separated the commercial functions of the company from political

functions. Court of Directors were allotted commercial functions and a Board of

Control consisting of 6 members was appointed for handling political affairs.

Charter Act of 1813.

3. It deprived the East India Company of its monopoly of trade with India except for

tea and trade with China.

4. The act regulated the compnay’s territorial revenue and commercial profits. It

was asked to keep its territorial and commercial accounts separate.

5.Christian missionaries were allowed to work in India.A provision was make that company should invest Rs 1 Lakh/year on the education of Indians.

Charter Act of 1833

1. It was passed by the British Parliament to renew the charter of East India

Company.

2. East India Company was no more a commercial body, all it’s commercial

functions been taken away making it an administrative body working on behalf of

the British Government.

3. Governor-General of Bengal became the Governor-General of India. Lord

William Bentick became the first Governor-General of India in 1833. It deprived

the governor of Bombay and Madras of their legislative power.

4. All the legislative powers of British India went in the hands of Governor General.

5. The number of members of the Governor General’s council was again fixed to four. A law member was added in Governor General Council. Lord Macaulay was designated as the fourth member.

Charter Act of 1853

1. This act introduced open competition for Indians in Civil Services. This act also empowered the Court of Directors either to constitute a new Presidency to appoint a lieutenant Governor. Strength of court of directors was reduced to 18 from 24.

2.Six new members were added as legislative councillors. Out of these 6

members, 4 were appointed by provincial governments. Government of India Act, 1858

3.The revolt of 1857 by Indians resulted in the end of East India Company rule,

with all the powers of administration of Indian territory been taken by the British

crown in it’s hands. Major provisions of the Act were :

 4.It changed the designation of Governor-General to that of Viceroy. Viceroy was

representative of the British crown.

 5.Lord Canning became first Viceroy of India, under the Act.It provided the Secretary of State with a 15 member council to assist him, responsible for Indian administration. He was a British Cabinet member, who was responsible to the British Parliament.

Indian Councils Act, 1861

1. The Act restored the legislative powers of Madras and Bombay which were taken

from them by Charter Act of 1833.

2.Governor General was given the right to exercise absolute veto power and issue

ordinances which could remain in force for 6 months.

3.Viceroy was given the power to make rules and orders for convenient transaction of business in council. Under this, Lord Canning introduced Portfolio System which laid the foundation of Cabinet system in India.

4.A Law member was added in the executive council of Governor-General.

Indian Council Act, 1892 This Act enlarged the Governor General’s council by adding more non-official members. Though official majority was maintained, 2/5 of new members were non-officials.

5. The principle of Indirect elections was introduced but the word Election was not

used. It gave the power of discussing the budget. Indian Councils Act, 1909  Lord Morely was the then Secretary of State for India and Lord Minto was the Viceroy. Hence, the act came to be known as Morley-Minto Reforms.

6.The size of Legislative Councils at centre and provinces was significantly increased. The members of Governor-general’s council were increased from 16 to 60. Separate electorate was introduced for Muslims, introducing the communal representation.

7.Elections were introduced in India for the first time, Indians were allowed in executive council of Viceroy.

8.Satyendra Prasad Sinha became the first Indian member to join Viceroy’s Executive Council.

9. Councils were given the right to discuss any matter, move resolutions on budget

and ask questions with supplementary questions but they did not have the right

to vote.

 

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