Historical Background

 East India company(EIC)-exclusive right to trade in India through a charter issued by Queen Elizabeth I
 It obtained diwani (right over revenue) of Bengal, Bihar & Orissa in 1765
 Constituent assembly suggested by MN Roy in 1934 , former in 1946

Regulating Act-1773
a. To control &regulate EIC b. Recognized political &Administrative functions of EIC
c. Foundation for central administration

 Governor of Bengal (GB) designated as Governor General of Bengal (GGB); Executive council with 4 Members to assist him.
Lord William Hastings is the first Governor General of Bengal
 Governors of Bombay and Madras presidencies are subordinated to GGB
 Supreme Court of Calcutta established in 1774 with one Chief justice and 3 judges
 Servants cannot take any bribe or presents. Directors of the company should report civil, revenue & military issues in India.

Pitts India Act-1784 (Post act of Settlement-1781) British Govt was given supreme control over companies Administration

 Board of directors (EIC) shall control commercial functions and board of control(Crown) shall control political functions
 Board of control shall supervise all operations of civil & Military govt. and revenues of the British possessions in India

Charter Act of 1833 [Final step towards centralization]

 GGB was designated as Governor General of India (GGI) &Civil & Military powers were vested in him. Lord William Bentick
is the 1st GGI
 Legislative powers were deprived to Madras and Bombay. GGI was given exclusive legislative powers.
 Laws before-Regulations; Laws after this act-Acts
 EIC became a pure administrative body (in lieu of commercial) in trust of her majesty
 Open competition was introduced (Indians can be civil servants) but negated by directors

Charter Act of 1853

 Legislative and executive functions of GGI are separated. Legislative council (LC) established as a six member body.
 Macaulay committee is appointed. Civil Services opened to Indians too.
 EIC can hold possessions in India in trust of the crown. Not time bound
 Local representation from Bombay, Madras, Agra & Bengal in LC.

Govt. Of India Act-1858 (Act for good Govt. In India) the crown Rule Begins

 GGI is designated as Viceroy of India. Lord Canning is the first. India is governed in the name of her Majesty
 Double govt. Abolished. Secretary of state (SS)-a member of British Cabinet is responsible for Indian Administration
 A 15-member council formed to assist SS.

Indian Councils Act-1861

 Viceroy shall nominate some Indians into his expanded council
 Legislative powers to Madras and Bombay restored (decentralization)
 LC for Bengal, NWFP& Punjab established in 1862, 1866 &1897
 Portfolio system introduced for Lord canning. Viceroy can induce ordinances with a lifetime of 6 months if necessary

Indian Councils Act-1892

 No. of Non-official members (NOM) in LC increased but majority is maintained. Appointment of NOM in central LC by
viceroy on recommendation of Bengal chamber of commerce, for provincial LC by governors based on recommendation
 Powers of LC increased (Budget discussion)

Indian Councils Act-1909 (MINTO (V)-MORLEY (SS) Reforms)

Size of central (16 to 60) & provincial LC increased. Provincial LC can have a NOM majority but not central LC.
 Historical Background

LC had their powers further expanded.

Satyendra Prasad Sinha became the first Indian to be included into viceroys EC (law)

Legalized communalism. Lord Minto became the father of communal electorate

Government of India Act-1919 [Montagu (SS) – Chelmsford (V) Reforms] Effective from 1921

 Gradual introduction of responsible government to India

 Central and provincial subjects demarcated
 Provincial subjects are divided into transferred (governor cabinet responsible to LC) and reserved subjects (governor and
EC not responsible to LC). Diarchy-Unsuccessful
 Bicameralism [Upper house (council of state) & lower house (Legislative assembly)] introduced in lieu of central LC
 High commissioner of India appointed at London. 3 of 6 members in EC should be Indians.
 Communal electorate extended to other minorities. Biased franchise based on property, tax and education.
 Central PSC established in 1926
 Provincial budgets are separated from central and are managed by provincial LC
 A statutory commission to report its performance every 10 years

Simon Commission 1927-1930: All members were British, so boycotted. Post 3 round table conferences, the
recommendations were incorporated in GOI act -1935

Communal award 1932: Communal electorate extended to Dalits by Ramsay McDonald. Post Poona pact reserved seats
are issued to them

Government of India Act-1935 [320 sections 31 schedules]

Federal list (Centre-59 items), Provincial list (provinces-34 items), Concurrent list (Both-36 items). Residue to Viceroy

Diarchy abolished and provincial autonomy introduced (1937-1939)

Diarchy adopted at centre. Federal subject divided into transferred and reserved.

The provinces of Bengal, Bombay, Bihar, Assam & United provinces are made bicameral [LC-upper, LA-lower house]

10% of the population obtained franchise. Communal electorate extended to Dalits, women & labor

Council of India (GOI-1858) is abolished

Provided for establishment of RBI

Federal PSC, provincial PSC & joint PSC established

Federal court was set up in 1937

Indian Independence Act -1947