[History] Constitutional Reforms in British India

Regulating Act, 1773:

• End of Dual govt.
• Governor of Bengal to be the Governor – General of British territories of India.
• Establishment of Supreme Court in Calcutta.
• Court of directors to be elected for 4 years
• Number of Directors fixed at 24, 1/4th retiring every year.
• In Bengal, collegiate govt was created with Governor General and 4 members of the council and were named in the act:- GG -> Warren Hastings and 4 members -> Philip Francis, Clavering, Monson, and Barwell.

Amending Act of 1781:

• Actions of public servants of the Company in their official capacity were exempted from the jurisdiction of Supreme Court.
• Jurisdiction of Supreme Court was defined. SC had to take into consideration and respect the religious and social customs and usages of the Indian while enforcing its decrees and processes.
• The rules and regulations made by GG-in-Council were not to be registered with SC.

Pitts Act of 1784:

• Introduced Dual System of Govt by the company and  by a Parliamentary board of directors.
• gave the British Government a measure of control over the company’s affairs
• company became a subordinate department of the State.
• Reduced the number of members of Executive Council of the GG to three.

Act of 1786:

• Governor General given the power to over-ride the Council and was made the Commander-in-chief also to prevail upon Cornawalis to accept the GG-ship of India

Charter Act of 1793:

• Company given monopoly of trade for 20 more years.
• laid the foundation of govt. by written laws, interpreted by courts.

Charter Act of 1813:

• Company deprived of its trade monopoly in India except in tea and trade with China.
• An amount of one lakh rupees was set aside for the promotion of Education in India.

Charter Act of 1833:

• End of Company’s monopoly even in tea and trade with China.
• Company was asked to close its business at the earliest.
• Governor General of Bengal to be Governor General of India
• (1st Governor General of India was Lord William Bentinck).

Charter Act of 1853:

• The Act renewed the powers of the Company and allowed it to retain the possession of Indian territories in trust of the British crown.
• Recruitment to Civil Services was based on open annual competition examination (excluding Indians).

Government of India Act, 1858:

• Rule of Company in India ended and that of the Crown began.
• A post of Secretary of State (a member of the British cabinet) for India created.
  • He was to exercise the powers of the Crown.
  • Secretary of State governed India through the Governor General.
• Governor General received the title of Viceroy. He represented Secretary of State and was assisted by an Executive Council, which consisted of high officials of the Govt.
• The system of double govt introduced by Pitt’s Act 1784 was finally abolished

Indian Council Act, 1861:

• The Executive Council was now to be called Central Legislative Council.
• The Governor General was conferred power to promulgate ordinance.

Indian Council Act, 1892:

• Indians found their way in the Provincial Legislative Councils.

• Element of Election was introduced.

Indian Council Act, 1909 or Minto-Morley Reforms:
It envisaged a separate electorate for Muslims.
Government of India Act, 1919 Or Montague-Chelmsford Reforms:

• Dyarchy system introduced in the provinces.
• The Provincial subjects of administration were to be divided into 2 categories:
• Transferred

• administered by the Governor with the aid of ministers responsible to the Legislative Council

• Reserved

• The Governor and the Executive Council were to administer the reserved subjects without any responsibility to the legislature.

• Indian legislature became bicameral for the first time, it actually happened after 1935 Act.
• Secy of state be paid by British Exchequer
• Post of Commissioner of India

Government of India Act, 1935:

• Provided for the establishment of All-India Federation consisting of
  • British Provinces
  • Princely States.
• The joining of Princely States was voluntary and as a result the federation did not come into existence as the minimum number of princes required to join the federation did not give their assent to join the federation.
• Dyarchy was introduced at the Centre (e.g. Department of Foreign Affairs and Defence were reserved for the Governor General).
• Provincial autonomy replaced Dyarchy in provinces. They were granted separate legal identity.
• Burma (now Myanmar) separated from India.