Constitutional Development during British Rule

Modern Indian History 1857-1947

Constitutional developments in british India

Regulating act, 1773

The Act passed by the British parliament, sought to control and regulates the affairs of the British East India Company both in England and India.

Why the Act Was Passed

The dual system of government in Bengal (government jointly by the Company and the Nawab of Bengal) called for remedial action.

The ruling circles felt that the administrative setup of the Company in England was unsatisfactory. They feared that corrupt retired servants of the Company would corrupt public life in England. The Company was on the verge of bankruptcy owing to the following factors: (a) The Court of Proprietors had raised the divided from 6 per cent to 12 percent, which drained the Company’s resources. (b) The British Government required the Company to pay it 400,000 pounds per annum from 1767 to 1772. (c) The famine in Bengal and wars in South India left the Company’s treasury empty.

Major provisions

1. The Company’s monopoly of trade with East India was extended for 20 years.

2. The Court of Directors, comprising 24 members, was to be elected for four years, with one-fourth members retiring every year.

3. The Company was required to submit copies of all correspondence received from India to the British government

4. A Governor-General and Council of four members were appointed for Bengal.

5. The Governments of Bombay and Madras Presidencies were subordinated to the Bengal Government in matters of making treaties or declaring war.

6. Establishment of a Supreme Court at Calcutta was provided for.

7. The Company’s servants were forbidden from accepting bribes or doing private trade.

Importance of the Act

1. It marked the beginning of British parliamentary intervention in Indian affairs.

2. The East India Company was recognized as a commercial-cum-political body.

3. The Act opened new channels for Britain’s imperial ambitions in India.

Defects in the Act

A number of defects in the Act led to many complications. Among these defects were:

1. The Act was a half measure. If left many points vague.

2. A conflict in the Governor-General’s Council caused administrative deadlock between 1774 and 1776.

3. The Supreme Court’s jurisdiction was obscure. Left unclear was (a) the law coming under its purview, (b) the court’s jurisdiction over revenue and judicial officers of the Company and (c) the court’s relations with the Governor-General’s Council.

4. The Bengal Government’s control over subordinate presidencies was in practice ineffective.

5. The Act failed to improve the functioning of the Company in England.

Amending act of 1781

The Act was meant to improve the administration of justice in India.

Provisions of the Act

1. The Supreme Court was not to have jurisdiction over (a) the official acts of the Governor-General and his Council; (b) the Company’s revenue officers and Zamindars.

2. The Supreme Court was expected to respect the religious views and practices of Indians.

3. The Governor-General and his Council could frame regulations for the working of the civil and criminal courts. Such regulations were not expected to be registered in the Supreme Court.

Pitt’s India act, 1784

Why the Act Was Passed

1. The administrative system set up by the Regulating Act (1773) was not functioning well.

2. The Presidency Government at Madras was inefficient.

3. The Company’s financial position had deteriorated.

4. The Company had suffered reverses during the Carnatic war.

Major provisions

1. In England, the Board of Control consisting of six parliamentary commissions was appointed to control civil, military and revenue affairs of India.

2. The Court of Directors had to comply with all orders and directions of the Board.

3. The Court of Proprietors lost power to change or revise resolutions of the Court of Directors, but retained the right to appoint Governor-General, Governors, Commander-in-Chief and members of the Councils in India.

4. The strength of the Governor-General’s Council in Bengal was reduced from four to three members.

5. The control of the Governor-Central in Council over the Presidencies of Bombay and Madras was enlarged and made effective.

Implications of the Act

The Act set up dual government for the control of India’s Parliamentary control was exercised through the Board of Control and the Company’s control was exercised through the Court of Directors. The Act increased parliamentary control over Indian affairs. It worked towards unification of British authority in India by subordinating the Bombay and Madras Presidencies to the Bengal presidency. It also strengthened the Governor-General’s position in his Council.

Charter act of 1793

By this act, the company Charter was renewed for 20 years and the powers of the Governor-General over Bombay and Madras Presidencies were extended.

Charter act of 1813

Why the Act Was Passed

Wellesley’s long war had created financial difficulties for the Company. The Committee of the House of Commons, which was appointed in 1808 to probe into Indian affairs, presented its fifth report in 1812 with various recommendations. Napoleon’s Continental System had closed European ports for English merchants. English merchants therefore demanded opening of Indian trade for all Englishmen.

Major provisions

1. The Company’s monopoly of trade with Indian was abolished except for trade in tea and trade with China.

2. All Englishmen could trade with India subject to certain restrictions.

3. Rules and procedures were laid down for the use of Indian revenues.

4. The Company was to annually set apart one lakh rupees for promotion of literature and education in India.

Charter act of 1833

Why the Act Was Passed

Imperial interests were demanding administrative consolidation in India. The Whig party, committed to policy of reforms, had assumed office in England. Various parliamentary committees, appointed to report on Indian affairs, had recommended major changes.

Major provisions

1. The Company’s Charter was renewed for a further 20 years, but the Company was to administer India on behalf of the British Crown.

2. The Company’s commercial monopoly was completely abolished, including the trade in tea and trade with China. Also, the Company was asked to close its commercial business at the earliest.

3. All laws made by the Governor-General in Council were henceforth to be known as Acts. Until then they were known as Regulations.

4. The Governor-General of Bengal became the Governor-General of India.

5. The Governments of Bombay and Madras were placed under the complete administrative control of the Governor-General in Council.

6. The Governments of Madras and Bombay lost legislative powers and had their financial powers circumscribed.

7. The Act provided for the appointment of a Law Commission and for the codification of laws.

8. All restrictions on Englishmen’s migration to, and acquisition of land and property in India, were removed.

9. Indian subjects of the Company were declared eligible for high public offices.

10. The Government of India was enjoined to improve the condition of slaves and abolish slavery.

Impact of the Act

It was an important step towards legislative and executive centralization of British administration in India. It was another step towards liquidation of the Company’s position in India. The throwing open of public services to Indians and the appointment of an Indian Law Commission led to far-reaching consequences.

Charter act of 1853

A demand was made in England for ending dual government in managing the Company’s affairs at home. The Madras and Bombay Governments demanded representation in the Central legislative body. Indians demanded the separation of executive and legislative functions. Inquiries into the working of the Indian administration called for some changes.

Provisions of the Act

1. The Company’s Charter continued, but indefinitely.

2. The number of Directors was reduced form 24 to 18, with six Crown nominees.

3. The Legislative Council was to consist of 12 members. These were, Governor-General, Commander-in-Chief, four ordinary members of the Governor-General’s Council, the Chief Justice of Bengal, another judge, plus a representative each from Bengal, Madras, Bombay and the North-Western Provinces.

4. A Law Commission was to be appointed in England to examine the report of the Indian Law Commission.

5. ICS officers were to be appointed through competitive examination.

Impact of the Act

The Company received the final notice to be ready to quit. Parliament’s control over the Indian administration increased. A Legislative Council with local representation commenced.

Government of India act, 1858

Why the Act Was Passed

1. The revolt of 1857 discredited the Company’ administration in India.

2. Both the Whig and Tory politicians desired formal and complete transfer of Indian administration from the Company to the Crown.

3. The ‘dual system’ of government at home was dubbed as ‘divided responsibility, concealed responsibility and no responsibility’.

4. The system of checks and balances was hindering the functioning of the home Government.

Provisions

1. The Crown took over formal, direct and legal control of Indian administration.

2. The Crown took over the entire property of the Company.

3. The Court of Directors and the Board of Control were abolished.

4. A Secretary of State who was a member of the British Cabinet was to superintend, direct and control Indian affairs. He was to be responsible to the British Parliament.

6. The Governor-General was given the additional title of Viceroy.

7. Patronage in important appointments for India was divided among the Crown, the Secretary of State and the Governor-General.

8. ICS officers were to be recruited through competitive examination held in London.

9. All naval and military forces of the Company were transferred to the Crown service on the same service conditions.

10. Every year the Secretary of State was required to present to the British Parliament a report on the moral and material progress of India.

Consequences of the Act

The transfer of Government from the Company to the Crown was more a formal than a substantial change. Since 1784 the Crown enjoyed, through the Board of Control, considerable say in Indian affairs. The important consequences of the Act were: The Secretary of State’s complete control over Indian policies, revenues, customs, currency and exchange etc. were used to exploit India even more than earlier to fill the British coffers. The administrative structure set up by the Act was unitary and highly centralized. The Crown’s assumption of Indian administration meant slackening of Parliament’s interest in Indian affairs.

Queen’s proclamation of 1 November 1858

With this proclamation, Queen Victoria announced the takeover of Indian administration, from the Company.

Provisions

1. Lord Canning was appointed as the first Viceroy and Governor-General of India.

2. The policy of extension of British territories in India was abandoned.

3. Treaties and engagements of the Company with the princes of Indian states were to be respected.

4. All civil and military officers of the Company were confirmed in their offices under the Crown.

5. Services in India were thrown open to all subjects, Englishmen and Indians, on the basis of merit. There were to be no racial or religious considerations in this matter.

6. A policy of religious neutrality and non-interference in the religious beliefs of Indians was laid down.

7. A policy was laid down to protect the ancient rights, usages and customs of Indians with regard to inheritance of land.

8. A general clemency was offered to all Indian rebels, if they laid down arms.

9. The Queen promised ^{^[1]}to adopt all possible measures to promote the material and moral progress of India.

Indian councils act, 1861

Why the Act Was Passed

The revolt of 1857 necessitated changes in the Constitution of India. It was being said that the lack of contact between the rulers and the ruled was the basic cause of the revolt. Indians had been demanding representation in the Legislative Councils. Over centralization of legislation was resented by the Governments of Bombay and Madras. The working of the Legislative Council, which was formed in 1853, was found unsatisfactory.

Provisions of the Act

1. The strength of the Governor-General’s Executive Council was increased from four to five members.

2. In the Governor-General’s Executive Council, a portfolio system was to be introduced.

3. For legislative work, the Governor-General’s Executive Council was doubled, from six to twelve. The ‘additional members’ were to be non-officials.

4. The legislative Council was to be an advisory body.

5. The legislative powers of the Provinces, with-drawn since 1833, were restored to the Governments of Bombay and Madras with some limitations.

6. The Governor-General was empowered to establish Legislative Councils for Bengal North-West Provinces and Punjab.

Critique

The act was a milestone, for the following reasons:

It was a progressive step towards legislative decentralization. It laid the foundation of Indian legislature. It marked the beginning of representation of Indians in Legislative Councils.

On the negative side, the powers of the new Legislative Councils were very limited and the general character of government of India still remained autocratic.

Indian councils act, 1892

This was merely a revised and enlarged edition of the Indian Councils Act of 1861.

Why the Act Was Passed

The Act of 1861 did not satisfy Indian aspirations for a share in the administration. One of the first demands of the Indian National Congress, founded in 1885, was for the expansion of Legislative Councils and more representation for Indians. The European business community in India favored an expansion of Legislative Councils and its own representation in it.

Provisions of the Act

The Act enhanced the powers of both the Governor-General’s Council and the Provincial Legislative Councils.

1. For legislative work, the number of ‘additional’ members to the Governor-General’s Executive was increased to between 10 and 16. The strength of non-official members was to be two-fifths of the total members.

2. A veiled system of election of ‘additional’ members was introduced.

3. Non-official members of each Provincial Legislative Council were to ‘elect’ one member to the Central Legislative Council.

4. Increase in the size of Provincial Legislatures was allowed. Also, the Provincial Legislatures, with previous sanction of the Governor-General, could alter Central acts affecting the Provinces.

5. Members of the Legislative Council could now ask questions and discuss the annual budget.

Critique

The Act was certainly an advance over the Act of 1861. New Legislative Councils attracted talented Indians, who with their active involvement in legislative work influenced government policies to a limited extent. The Act, however, had its drawbacks. this act did not satisfy the aspirations of educated Indians. Especially, the system of ‘election-cum-nomination’ showed British distrust of Indians.

Government of India act, 1935

In February 1935, the Secretary of State introduced a bill in the British Parliament for political reforms in India. The result was the Government of India Act, 1935, which drew upon a variety of sources such as: (a) the Simon Commission report, (b) the Nehru Report, (c) deliberations in round table conferences, (d) a White Paper introduced parliament, (e) report of the Joint Select Committee and (f) the Lothian report over franchise.

Provisions of the Act

1. All India federation: An all-India federation was to be established consisting of Governors’ Provinces, Chief commissioners’ Provinces and the Indian states. Accession to the federation was optional to the states. There was to be an instrument of accession’ laying down the terms on which a state joined the federation.

2. Dyarchy was introduced at the Centre: The Governor-General was to administer defence, external affairs, ecclesiastical affairs and tribal areas with the assistance of a maximum of three councilors. He was to administer other subjects with the assistance and advice of a council of not more than 10 ministers of his choice who were to hold office during his pleasure. The Governor-General had special responsibilities in certain specified subjects like maintenance of peace.

3. Federal Legislature: The Federal Legislature was too have two chambers, namely the Council of States and Federal Assembly. The Council of States was to be a permanent body, with one-third of its membership being vacated and renewed every third year. Among its members, 156 were to be elected members of British India and not more than 104 from the Indian states. The Federal Assembly was to be elected for five years. It was to consist of 250 representatives of British India and not more than 25 members from the Indian states. Elections to the Federal Assembly were to be indirect. Members of the Provincial Legislative Assemblies had the vote on the basis of proportional representation with single transferable vote.

4. Provincial autonomy:

Executive: Executive authority was vested in a Governor to represent the ‘Crown in the Province. Administration was to be carried on by the Council of Ministers appointed by the Governor from among the elected members of the Provincial Legislature and responsible to that body. Ministers held office during the Governor’s pleasure and the Governor could also dismiss the ministry. The Governor had ‘special responsibilities’ in certain specified subjects such as maintenance of peace. Governors were given ‘discretionary’ powers as well as powers of ‘individual’ judgment.

Legislature: Election to the Provincial Legislature was to be directly by the people. The Legislature was bicameral in six provinces and unicameral in the rest. There was to be a separatist system of representation by religious communities and groups. Seats were reserved for Muslims, Christians, Sikhs, scheduled castes and Anglo-Indians. There were separate communities for labour, landholders, commerce and industry etc.

5. Others provisions

A federal Court was to be established.
The new Constitution could be amended only by the British Government.
The India Council was abolished. Instead, the Secretary of State was given advisers.

What is constitution?

A Constitution^{^[2]} is a document of people’s faith and aspirations possessing a special legal sanctity. It is the fundamental law of a country and all other laws and customs of the country in order to be valid must conform to it. It sets out the framework and the principal functions of various organs of the Government as well as relations between the Government and its citizens.

Making of Indian constitution - constituent assembly

The Constituent Assembly met for the first time in New Delhi on 9 December 1946 in the Constitution Hall, which is now known as the Central Hall of Parliament House. Two hundred and seven representatives, including nine women were present. The inaugural session began at 11 a.m. with the introduction of Dr. Sachchidananda Sinha, the temporary Chairman of the Assembly. While welcoming After the Chairman’s inaugural address and the nomination of a Deputy Chairman, the members were formally requested to present their credentials. The First Day’s proceedings ended after all the 207 members present submitted their credentials and signed the Register.

Sessions of the Constituent Assembly

First Session

9-23 December, 1946

Second Session

20-25 January, 1947

Third Session

28 April - 2 May, 1947

Fourth Session

14-31 July, 1947

Fifth Session

14-30 August, 1947

Sixth Session

27 January, 1948

Seventh Session

4 Nov,1948 - 8 Jan, 1949

Eighth Session

16 May - 16 June, 1949

Ninth Session

30 July - 18 Sept, 1949

Tenth Session

6-17 October, 1949

Eleventh Session

14-26 November, 1949

on 24 January, 1950,the members appended their signatures to the Constitution of India

Important facts

Dr. B.R. Ambedkar was recorganised as father of Indian Constitution.
The first Draft Constitution of India was published in February 1948. It was prepared by Sir B.N. Rau, constitutional advisor to the constituent assembly.
The most important of the committees was the drafting committee headed by Dr. B.R. Ambedkar. It consisted of six other members. The members were N. Gopalaswamy Ayyengar, Alladi Krishnaswamy Aiyyar, Dr. K.M. Munshi, Syed Saadullah, N. Madhav Rau (he was replaced by B.L. Mitter who resigned due to ill health)
T.T. Krishna machari (he was replaced by D.P. Khaitan who died in 1948)

The Constituent Assembly took almost three years (two years, eleven months and seventeen days to be precise) to complete its historic task of drafting the Constitution for Independent India. During this period, it held eleven sessions covering a total of 165 days. Of these, 114 days were spent on the consideration of the Draft Constitution. As to its composition, members were chosen by indirect election by the members of the Provincial Legislative Assemblies, according to the scheme recommended by the Cabinet Mission. The arrangement was:

(i) 292 members were elected through the Provincial Legislative Assemblies;

(ii) 93 members represented the Indian Princely States; and

(iii) 4 members represented the Chief Commissioners’ Provinces.

The total membership of the Assembly thus was to be 389. However, as a result of the partition under the Mountbatten Plan of 3 June 1947, a separate Constituent Assembly was set up for Pakistan and representatives of some Provinces ceased to be members of the Assembly. As a result, the membership of the Assembly was reduced to 299. On 13 December, 1946, Pandit Jawaharlal Nehru moved the objectives Resolution

1. This Constituent Assembly declares its firm and solemn resolve to proclaim India as an Independent Sovereign Republic and to draw up for her future governance a Constitution;

2. WHEREIN the territories that now comprise British India, the territories that now form the Indian States, and such other parts of India as are outside British India and the States as well as such other territories as are willing to be constituted into the Independent Sovereign India, shall be a Union of them all; and

3. WHEREIN the said territories, whether with their present boundaries or with such others as may be determined by the Constituent Assembly and thereafter according to the law of the Constitution, shall possess and retain the status of autonomous Units, together with residuary powers and exercise all powers and functions of government and administration, save and except such powers and functions as are vested in or assigned to the Union, or as are inherent or implied in the Union or resulting there from; and

4. WHEREIN all power and authority of the Sovereign Independent India, its constituent parts and organs of government, are derived from the people; and

5. WHEREIN shall be guaranteed and secured to all the people of India justice, social economic and political: equality of status, of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association and action, subject to law and public morality; and

6. WHEREIN adequate safeguards shall be provided for minorities, backward and tribal areas, and depressed and other backward classes; and

7. WHEREBY shall be maintained the integrity of the territory of the Republic and its sovereign rights on land, sea, and air according to justice and the law of civilized nations; and

This ancient land attains its rightful and honoured placed in the world and make its full and willing contribution to the promotion of world peace and the welfare of mankind. This Resolution was unanimously adopted by the Constituent Assembly on 22 January 1947. Late in the evening of 14 August 1947 the Assembly met in the Constitution Hall and at the stroke of midnight, took over as the Legislative Assembly of an Independent India. On 29 August, 1947, the Constituent Assembly set up a Drafting Committee under the Chairmanship of Dr. B.R. Ambedkar to prepare a Draft Constitution for India. While deliberating upon the draft Constitution, the Assembly moved, discussed and disposed of as many as 2,473 amendments out of a total of 7,635 tabled. The Constitution of India was adopted on 26 November, 1949 and the hon’ble members appended their signatures to it on 24 January, 1950. In all, 284 members actually signed the Constitution. On that day when the Constitution was being signed, it was drizzling outside and it was interpreted as a sign of a good omen. The Constitution of India came into force on 26 January, 1950. On that day, the Assembly ceased to exist, transforming itself into the Provisional Parliament of India until a new Parliament was constituted in1952.

Important committees

Committee

Chairman

Drafting Committee

B.R. Ambedkar

Committee for states

Sardar Patel

Union Constitution Committee

J.L. Nehru

Provincial Constitution Committee

Sardar Patel

Special Committee to examine the draft Constitution

Alladi Krishnaswamy

Union Power Committee

J.L. Nehru

Committee on FRs & Minorities

Sardar Patel

[1] In actual practice, the Queen’s assurances proved hollow and insincere. Indian princes were guaranteed their territories, but their status greatly suffered. Various subterfuges were employed to keep Indians out of higher civil and military services. (No Indian got a commission in the Army before 1918 and no Indian rose above the rank of Brigadier till August 1947).

[2] Constitutions are of two types “unwritten” and “written”. The Constitutions of the U.K. and New Zealand are unwritten whereas the Constitutions of all the other countries of the world are written. The Indian Constitution is considered as the most elaborate and the lengthiest written Constitution of the world.