Constitutional Developments Sample

1 | I n d i a n P o l i t y | C o n s t i t u t i o n a l D e v e l o p m e n t s
www.csmantra.com Page 1

The Constitutional Developments
Contents
Establishment of East India Company..................................................................................................... 3
The English Royal Charter ................................................................................................................... 3
Battle of Plassey !"! ......................................................................................................................... 3
British East India Company is the oldest ............................................................................................. 3
Indian #dministration $tru%ture ......................................................................................................... &
Regulating #%t of !!3 ............................................................................................................................ &
'hy Regulating #%t of !!3( .............................................................................................................. &
)ey provisions ..................................................................................................................................... &
Pitt*s India #%t !+& ................................................................................................................................ "
)ey provisions ..................................................................................................................................... "
,ord Charles Corn-allis ....................................................................................................................... .
#%t of #%t of !+. ................................................................................................................................... .
Charter a%t of !/3 ................................................................................................................................. .
)ey provisions ..................................................................................................................................... .
The a%t of !/! ....................................................................................................................................... !
#%t of +00 .............................................................................................................................................. !
#%t of +0! .............................................................................................................................................. !
Charter a%t of +3 ................................................................................................................................. !
Important Ba%1ground for 2nderstanding ......................................................................................... !
)ey provisions ..................................................................................................................................... +
The Charter #%t of +33 .......................................................................................................................... +
)ey provisions ..................................................................................................................................... +
Codifi%ation of Indian ,a-s3 ............................................................................................................ /
Indian*s In the 4overnment ............................................................................................................ /
5itigation of $lavery ..................................................................................................................... 0
5ore Bishops ................................................................................................................................ 0
Charter #%t of +"3 ............................................................................................................................... 0
)ey provisions ................................................................................................................................... 0
The ,egislative Coun%il 67 members8 .......................................................................................... 0
Birth of Indian Civil $ervi%es ..........................................................................................................


9e- provin%es ...............................................................................................................................
4overnment of India #%t /"+ ..............................................................................................................
Ba%1ground .......................................................................................................................................
)ey provisions ................................................................................................................................... 7
E:tra Info about $e%retary of state ............................................................................................... 7
Centrali;ation of #dministration ................................................................................................... 3
Indian Civil $ervi%es #%t +. ............................................................................................................... 3
)ey provisions ................................................................................................................................... 3
The Indian Coun%ils #%t +. ................................................................................................................ &
)ey Provisions ................................................................................................................................... &
The 1ey %hanges for the e:e%utive and legislative fun%tions........................................................ &
Indian <igh Courts #%t +. ................................................................................................................. &
Composition of the <igh Court*s3 .................................................................................................. "
E:tra dose...................................................................................................................................... "
Indian Coun%ils #%t +/7 ....................................................................................................................... "
Ba%1ground ....................................................................................................................................... "
)ey provisions ................................................................................................................................... .
Indian Coun%ils #%t /0& ....................................................................................................................... .
Indian Coun%ils #%t /0/ or 5orley=5into reforms ............................................................................. !
Ba%1ground ....................................................................................................................................... !
)ey provisions 3 Communal Representation ..................................................................................... !
$ome other features3 ........................................................................................................................ !
4overnment of India #%t // 65ontague Chelmsford Reforms8 ....................................................... +
Ba%1ground ....................................................................................................................................... +
The 5ontagu de%laration.............................................................................................................. +
$alient >eatures3 ............................................................................................................................... /
The 4overnment of India #%t /3" ....................................................................................................... 70
Ba%1ground ....................................................................................................................................... 70
$alient >eatures ................................................................................................................................ 7
#ll India >ederation3 ...................................................................................................................... 7
$ome )ey Points3 ........................................................................................................................... 7
2pper <ouse3 ................................................................................................................................ 77
,o-er <ouse3 ................................................................................................................................ 77
>ederal Court3 ............................................................................................................................... 77


>ederal Rail-ay #uthority3 ............................................................................................................ 77
The Indian Independen%e #%t? /&! ..................................................................................................... 73
$alient features3 ................................................................................................................................ 73

Establishment of East India Company
The English Royal Charter
On 31 December 16? British East India Company -as granted an English Royal Charter
under the name @4overnor and Company of 5er%hants of ,ondon Trading into the East
Indies@ by Aueen Eli;abeth I.
The %ompany -as given right to do business for ne!t 1" years and the %harter needed
to be rene-ed after that. This %ompany operated till it -as dissolved in +!& by East
India #toc$ Di%idend Redemption &ct 1'(3.
Initial purpose of the %ompany -as to provide a vehi%le for the %reation of e:%lusive
trading privileges in the East Indies -hi%h in%luded modern India? Pa1istan?
Bangladesh? China and Bapan for ,ondon mer%hants. <o-ever? later in pra%ti%e the
%ommer%ial %hara%ter of the %ompany gradually under-ent a %omplete %hange in the
%ourse of a %entury and half and it be%ame an @agent of imperialism@? till )o%ernment
of India &ct 1'"'*
The %ompany had a monopoly and it -as allo-ed to operate independently and
un%he%1ed? ho-ever? in the later parts of the !th %entury? it had to bo- to the for%es
of opposition in England and in ./&C the 4overnment -ithdre- the East India
Company*s trade monopoly. #t that time? the English Parliament provided that all
English subDe%ts had the right to trade -ith the Indies.
+attle of ,lassey 1("(
73 Bune !"! -as a de%isive day for British East India Company? -hen in Battle of
Plassey? the British East India Company got vi%tory over the 9a-ab of Bengal 69a-ab
-as supported by the >ren%h8 and this mar1ed the firm establishment of Company
rule in India for ne:t /0 years.
+ritish East India Company is the oldest
British East India Company is the oldest among all the contemporary E-ropean East Indian
Companies.
British East India Company -as founded in .00.
Dut%h East India Company -as founded in .07
Danish East India Company -as founded in ..
. | I n d i a n P o l i t y | C o n s t i t u t i o n a l D e v e l o p m e n t s


Portuguese East India Company -as founded in .7+
>ren%h East India Company -as founded in ..&
$-edish East India Company -as founded in !3
Indian Administration Structure
The Indian administrative stru%ture is largely a lega%y of the British rule. The history of the
Constitutional development in India %an be tra%ed ba%1 to the Regulating #%t of !!3? -hi%h
for the first time made the provision for the post of 4overnor E 4eneral in India. $in%e then a
number of %onstitutional e:periments -ere introdu%ed aiming at streamlining the Indian
#dministration. <o-ever? the year +"+ serves as -atershed -hen the Indian #dministration
%ame under the dire%t rule of the British Cro-n and the %entrali;ation of the administration
-as at its pinna%le. Thus the period of British %onstitutional development e:periment in India
%an be divided into t-o phases3 The British rule in India %an be divided into t-o phases=
Constitutional e:periments during the rule of the East India Company 6!!3=+"!8
Constitutional e:periments under the British Cro-n 6+"!=/&!8.

Reg-lating &ct of 1((3
/hy Reg-lating &ct of 1((30
The three presiden%ies? vi;. +ombay1 2adras and +engal -ere ea%h put under the
%ontrol of the 4overnor and Coun%il 6or 4overnor=in=%oun%il8 -hi%h -as appointed by
the Commission of the Company. #ll po-ers -ere lodged in the 4overnor and the
Coun%il Dointly and the presiden%ies -ere independent of ea%h other. Ea%h had its o-n
government independent from the others.
<o-ever? the finan%ial matters of the %ompany -ere mismanaged sin%e !"!. The
offi%ers turned greedy and %orrupt.
In !!3? the %ompany be%ame almost insol%ent and for%ed to apply to the British 4overnment
for a loan of One 2illion ,o-nd #terling*
This led to the British government of 3ord 4orth to underta1e a legislation to meet the
situation and provide some form of legal government for the Indian possessions of the East
India Company? -hi%h resulted in Regulating #%t of !!3.
Regulating #%t of !!3 is 1no-n to be the first step of the British government to regulate the
affairs of the East India Company.
5ey pro%isions
This a%t designated the 4overnor of Bengal as the 4overnor 4eneral of Bengal -ho
also -as to serve as 4overnor 4eneral of all British Territories in India.
#n e!ec-ti%e co-ncil -ith & members -as %reated to assist the 4overnor 4eneral.
The Fffi%e of the 4overnor=4eneral of the Presiden%y of >ort 'illiam -as %reated in
!!3? and on 70 F%tober !!3? /arren 6astings became the first )o%ernor )eneral.
" | I n d i a n P o l i t y | C o n s t i t u t i o n a l D e v e l o p m e n t s


The regulating a%t of !!3 -as the almost first indi%ation of the involvement of the
British 4overnment in the Indian affairs? -hi%h eventually led to %omplete %ontrol in
+"+.
The a%t uneGuivo%ally established the suprema%y of the Presiden%y of Bengal over the
others.
In matters of foreign poli%y? the Regulating #%t of !!3 made the presiden%ies of
Bombay and 5adras? subordinate to the 4overnor 4eneral and his %oun%il. 9o-? no
other presiden%y %ould give orders for %ommen%ing hostilities -ith the Indian Prin%es?
de%lare a -ar or negotiate a treaty.
To %urb the %orruption? the a%t forbade the servants of the %ompany to a%%ept
presents and bribes.
The regulating a%t of !!3 established a supreme %ourt at >ort 'illiam? Cal%utta. This
$upreme Court %onsisted one Chief 7-stice and three other reg-lar 8-dges.
$ir EliDah Imphey -as the first Chief Busti%e of this $upreme Court.
The $upreme Court -as the supreme Dudi%iary over all British subDe%ts in%luding the
provin%es of Bengal? Bihar and Frissa.
This -as the starting point of 5odern Constitutional <istory of India? under the British.
The $upreme Court subDe%ted the %ompany to the %ontrol of British 4overnment. ,ater
an amendment in this a%t -as made 6The amending a%t of ++8? in -hi%h the a%tions
of the publi% servants in the %ompany in their offi%ial %apa%ity -ere e:empted from
the Durisdi%tion of the $upreme Court. The $upreme Court -as also made to %onsider
and respe%t the religious and so%ial %ustoms of the Indians.
#ppeals %ould be ta1en from the provin%ial %ourts to the 4overnor=4eneral=in=Coun%il
and that -as the final %ourt of appeal.
The rules and regulations made by the 4overnor 4eneral=in=Coun%il -ere not to be
registered -ith the $upreme Court.
,itt9s India &ct 1('.
The fla-s in the -or1ing of the Regulating #%t of !!3 -ere later ta1en on by 'illiam Pitts?
the Prime 5inister of 4reat Britain. The bill -as introdu%ed in Banuary !+&? but the bill -as
not passed as parliament subseGuently got dissolved. In the subseGuent ele%tion? 'illiam Pitt
obtained a maDority and got the bill passed in &-g-st 1('.1 :hich :as $no:n to be ,itt9s
India &ct 1('..
5ey pro%isions
This a%t established a +oard of 6 Commissioners in England for the affairs of India and
it -as 1no-n as Board of Control.
This board of %ontrol %omprised of the Chan%ellor of the E:%heGuer? $e%retary of state
and & privy Coun%ilors. This Board of %ontrol -as empo-ered to %ontrol all matters of
%ivil or military government or revenues.
The board -as given full a%%ess to the %ompany*s re%ords. It had the po-ers to send
4overnors to India and full authority to alter them.
The 4overnor 4eneral*s %oun%il -as no- redu%ed to 3 members? one of -hom -as to
be the %ommander=in=%hief of the )ing*s army in India.


The governor 4eneral -as given the right of %asting vote? in %ase the members present
in a meeting of the %oun%il shall any time be eGually divided in opinion.
In short? the Pitt*s India #%t brought the 4overnor 4eneral and his %oun%il -hi%h -as
no- redu%ed to 3 members under the INDIRECT control of the British Government and
other minor Presiden%ies under the %ontrol of 4overnor 4eneral H Coun%il.
This a%t separated the %ommer%ial and politi%al a%tivities of the %ompany. The a%t no-
a%tually provided for a Doint government of the %ompany and British %ro-n. The
Company -as to be represented by the Dire%tors and the Cro-n -as represented by
the Board of Control. The 4overnors of Presiden%ies of Bombay and 5adras -ere
deprived of their independent po-ers and Cal%utta -as given greater po-ers in
matters of -ar? revenue? and diploma%y? thus be%oming in effe%t? the %apital of
Company possessions in India.
# se%ret %ommittee of the 3 dire%tors -as to transmit the orders of the Board to India.
This $e%ret Committee -as to -or1 as a lin1 bet-een the Board of %ontrol and the
Court of Dire%tors.
#ll %ivilians and military offi%ers -ere ordered to provide the Court of Dire%tors a full
inventory of their property in India and in Britain -ithin t-o months of their Doining
their posts. $evere punishment -as provisioned for %orrupt offi%ials.
3ord Charles Corn:allis
3ord Charles Corn:allis -as appointed as 4overnor 4eneral to implement the #%t.
Immediately after his Doining as 4overnor 4eneral in !+.? Corn-allis embar1ed upon
the responsibility of reform -or1s reposed on him by parliament.
In !/3 he %ompleted his mission. <e introdu%ed permanent settlement? announ%ed
a Dudi%ial %ode? established administrative and poli%e systems and then left for home
in the same year.
&ct of &ct of 1('6

#%t of #%t of !+. -as a supplementary Bill? brought by Pitt and -as passed in !+..
,ord Corn-allis -as appointed as the first 4overnor=4eneral? and he then be%ame the
effe%tive ruler of British India under the authority of the Board of Control and the
Court of Dire%tors.
,ord Corn-allis -as given po-ers to override his %oun%il in e:traordinary situations.
Charter act of 1(;3
By !/3? -hen the %ompany*s %harter timed out the British parliament passed a ne- %harter
-hi%h authori;ed the %ompany to %arry on trade -ith the East Indies for ne:t 70 years.
5ey pro%isions
The %ompany -as allo-ed to in%rease its dividend to 0I.
( | I n d i a n P o l i t y | C o n s t i t u t i o n a l D e v e l o p m e n t s


# provision in the Charter a%t of !/3 -as made that the %ompany? after paying the ne%essary
e:penses? interest? dividend? salaries? et% from the Indian Revenues -ill pay " 3a$h +ritish
po-nds annually out of the surplus revenue to the British 4overnment. <o-ever? the a%t also
had a provision? that Cro-n %ould order the appli%ation of the -hole of the revenue for the
purpose of defense if the %ir%umstan%es posed su%h demands.
The 4overnor 4eneral -as empo-ered to disregard the maDority in spe%ial %ir%umstan%es.
The 4overnor 4eneral and respe%tive governors of the other presiden%ies %ould no- override
the respe%tive %oun%ils? and the %ommander in %hief -as not no- the member of 4overnor
4eneral*s %oun%il? unless he -as spe%ially appointed to be a member by the Court of Dire%tors.
If a high offi%ial departed from India -ithout permission? it -as to be treated as resignation.
The %harter a%t !/3 %an be %alled an a%t for %onsolidation of the Indian Budi%iary. This a%t
reorgani;ed the %ourts and redefined their Durisdi%tions. The revenue administration -as
divor%ed from the Dudi%iary fun%tions and this led to disappearing of the 5aal #dalats. The
revenue %ases -ere no- referred to Jillah adalats or distri%t %ourts. Court of appeal -ere
made " provin%ial %ourts at Cal%utta? Patna? Dha1a H 5urshidabad.
The act of 1(;(
The a%t of !/! redu%ed the number of Budges of the $upreme %ourt at Cal%utta from & to 3 6Fne
%hief Busti%e and 7 other Dudges8.
&ct of 1'
#%t of +00 e:tended the Burisdi%tion of the $upreme Court at Cal%utta over the
distri%ts of Banaras and other distri%ts.
This a%t provided for the %onstitution of $upreme Court at 5adras.
&ct of 1'(
The a%t of +0! gave po-ers to the 4overnors and Presiden%ies of 5adras and
Bombay to ma1e regulations? li1e the government of Bengal
<o-ever? these po-ers -ere subDe%t to approval and registration by the $upreme
Court.
Charter act of 1'13
#fter 70 years the %harter of !/3 timed out and -as to be rene-ed.
Important +ac$gro-nd for <nderstanding
During !/+ to +0"? ,ord 'ellesley served as the 4overnor 4eneral of India. The ! years
tenure of ,ord 'ellesley is 1no-n to be an important phase in the development of British
po-er in India. <is poli%y allo-ed him to remove all 1inds of >ren%h influen%e from India and
he established the British the paramount po-er in this sub%ontinent. <e -as su%%essful in
-ars and -as 1no-n to be an aggressive implementer of Poli%y of anne:ations. But this
aggressi%e policy of anne!ations pl-nged the company into financial diffic-lties*
' | I n d i a n P o l i t y | C o n s t i t u t i o n a l D e v e l o p m e n t s


This -as also an era of su%%esses for 9apoleon Bonaparte -hose Berlin de%ree of +0.
H 5ilan De%ree of +0! forbade the import of British goods into European %ountries
allied -ith or dependent upon >ran%e? and installed the Continental $ystem in Europe.
These %ir%umstan%es posed hardships to British traders? and they demanded entry to
the ports of #sia. But the East India Company %lamored that its politi%al authority and
%ommer%ial privileges %annot be separated. The %ontroversy -as later resolved by
allo-ing all the British mer%hants to trade -ith India under a stri%t li%ense system.
5ey pro%isions
Thus the Charter a%t of +3 ended the monopoly of the East India Company in India? ho-ever
the %ompany*s monopoly in trade -ith %hina and trade in tea -as remained inta%t.
The %harter a%t of +3? for the first time e:pli%itly defined the %onstitutional position of the
British territories in India.
This a%t also made provisions to grant permission to the persons -ho -ished to go to India
for promoting moral and religious improvements. 6Christian 5issionaries8
This a%t regulated the %ompany*s territorial revenues and %ommer%ial profits.
The %ompany debt -as to be redu%ed and dividend -as fi:ed at 0."I per annum.
There -as also a provision that Company should invest Rs. ,a1h every year on the edu%ation
of Indians.
This a%t also empo-ered the lo%al governments to impose ta:es on the persons subDe%t to the
Durisdi%tion of the $upreme Court.
The Charter &ct of 1'33
The 70 years rene-al of the %harter ran out in +33. This -as the time for the
government to do a %areful assessment of the fun%tioning of the %ompany in India.
The %harter -as rene-ed for another 70 years? but the %ompany -as as1ed to %lose
its %ommer%ial business.
The company lost its monopoly in China and also the trade of tea -hi%h it enDoyed
-ith Charter a%t of +3.
The %harter a%t of +33 legali;ed the European %oloni;ation of India and the territorial
possessions of the %ompany -ere allo-ed to remain under its government? but -ere
held @in trust for his maDesty? his heirs and su%%essors@ for the servi%e of 4overnment
of India.
5ey pro%isions
This a%t made the 4overnor 4eneral of Bengal the 4overnor 4eneral of British India
and all finan%ial and administrative po-ers -ere %entrali;ed in the hands of 4overnor
4eneral=in=Coun%il.
The number of the members of the 4overnor 4eneral*s %oun%il -as again fi:ed to &?
-hi%h had been redu%ed by the Pitt*s India a%t. <o-ever? %ertain limits -ere imposed
on the fun%tioning of the &th member.
; | I n d i a n P o l i t y | C o n s t i t u t i o n a l D e v e l o p m e n t s


The &th member -as 9FT entitled to a%t as a member of the %oun%il e:%ept for
legislative purposes.
Please note that the first person to be appointed as the &th member of the Coun%il
-as ,ord 5a%aulay.
This a%t as had also provided for splitting the Presiden%y of Bengal? into t-o
presiden%ies -hi%h -ere to be 1no-n as presiden%y of >ort 'illiam and Presiden%y of
#gra. But this provision never %ame into effe%t? and -as suspended later.
Charter a%t of +33 distin%tly spelt out the po-ers of the 4overnor=4eneral=in=
Coun%il. <e %ould repeal? amend or alter any la-s or regulations in%luding all persons
6-hether British or native or foreigners8? all pla%es and things in every part of British
territory in India? for all servants of the %ompany? and arti%les of -ar.
<o-ever? the Court of Dire%tors a%ting under the Board of %ontrol %ould dis=allo- any
la-s made by the 4overnor=4eneral=in=Coun%il.
Codification of Indian 3a:s=
The %harter a%t of +33 is %onsidered to be an attempt to %odify all the Indian ,a-s.
The British parliament as a supreme body? retained the right to legislate for the British
territories in India and repeal the a%ts. The a%t of +33 provided that all la-s made in
India -ere to be laid before the parliament and -ere to be 1no-n as #%ts.
In a step to-ards %odifying the la-s? the 4overnor=4eneral=Coun%il -as dire%ted
under the Charter a%t of +33? to set up an Indian la- Commission.
#o the first la: commission :as set -p by the Charter act of 1'33 and 3ord 2aca-lay
:as its most important member*
The obDe%tives of the la- %ommission -as to inGuire into the Burisdi%tion? po-ers and
rules of the %ourts of Dusti%e poli%e establishments? e:isting forms of Dudi%ial
pro%edure? nature and operation of all 1inds of la-s. It -as dire%ted that the la-
Commission shall submit its report to the 4overnor 4eneral=in=%oun%il and this report
-as to be pla%ed in the British parliament.
Indian9s In the )o%ernment
The se%tion +! of the Charter #%t of +33? de%lared that @9ormative of the British
Territories in India? 4OR any natural born subDe%t of @<is maDesty@ therein? shall by any
reason only by his religion? pla%e of birth? des%ent? %olor or any of them be disabled
from holding any pla%e? offi%e or employment under the %ompany@
This poli%y -as not seen in any other previous a%ts. $o the Charter act of 1'33 :as
the first act :hich pro%isioned to freely admit the nati%es of India in administration
of the %ountry.
However this was actually distorted by a policy introduced by ord Cornwallis! who
shut the door for Indians for "owerful #ilitary and Civil $ervices% Indians could do minor
&obs only%


2itigation of #la%ery
This a%t also dire%ted the 4overnor 4eneral=in=Coun%il to adopt measures to mitigate
the state of slavery? persisting in India sin%e sultanate Era. The 4overnor 4eneral=in=
Coun%il -as also dire%ted to pay attention to la-s of marriage? rights and authorities
of the heads of the families? -hile drafting any la-s.
2ore +ishops
The number of British residents -as in%reasing in India. The %harter a%t of +33 laid
do-n regulation of establishment of Christian establishments in India and the number
of Bishops -as made 3.
Charter &ct of 1'"3
In +"3? the %harter of +33 -as to time out and had to be rene-ed. It -as rene-ed but no
substantial %hanges -ere made. <o-ever? this -as for the first time? that this %harter a%t?
unli1e other %harter a%ts? did not fi: any limit for the %ontinuan%e of the administration of the
%ompany in India. The a%t provided that the Indian territories -ill remain under the
4overnan%e of the %ompany? until the parliament other-ise dire%ted.
5ey pro%isions
In England? Charter #%t of +"3 redu%ed the number of Dire%tors of the Company from
7& to +. Fut of these +? si: -ere to be appointed by the %ro-n.
The Charter a%t of +"3 provided for appointment of a separate 4overnor for the
Presiden%y of Bengal? distin%t from the 4overnor 4eneral. <o-ever? the %ourt of
Dire%tors and the Board of Control -ere authori;ed to appoint a lieutenant governor?
till the appointment of a 4overnor -as made.
Please note that the ,ieutenant governor -as appointed in +"&? but no 4overnor -as
appointed for Bengal till /7.
This a%t also empo-ered the Court of Dire%tors either to %onstitute a ne- Presiden%y
6In lines of Presiden%y of 5adras or Bombay8 or appoint a ,ieutenant 4overnor.
<ere it*s -orth that 9o ne- presiden%y -as %onstituted but in +"/? a ne- ,ieutenant
governor -as appointed for PunDab.
Charter #%t of +"3 mar1s the e:pansion of the Coun%il of the 4overnor 4eneral for
legislative purposes. The fourth member 6,ord 5a%aulay8 -as pla%ed at an eGual
status -ith other members. The %oun%il of legislative purposes -hi%h had . members
no- -as e:panded to 7 members.
The 3egislati%e Co-ncil >12 members?
The 4overnor 4eneral K
The %ommander in Chief K
5embers of the 4overnor 4eneral*s Coun%ilK&


Chief Busti%e of the $upreme Court 6Cal%utta8K
# regular Dudge of the $upreme %ourt Cal%uttaK
Representative members dra-n from the %ompany*s servants -ith 0 years
minimum tenure and appointed by the lo%al governments of Bengal? 5adras?
Bombay and 9orth 'estern provin%esK&
+irth of Indian Ci%il #er%ices
The previous %harter a%t of +33 had laid do-n that the Court of Dire%tors should
nominate annually & times as many %andidates as there -ere va%an%ies? from -hom
one should be sele%ted by %ompetitive e:amination. The %harter a%t of +33 also
provided the 6aileyb-ry college of 3ondon should ma1e Guota to admit the future
%ivil servants.
<o-ever? this system of an open %ompetition -as never effe%tively operated. # The
Committee under the %hairmanship of ,ord 5a%aulay had prepared the regulations in
this %onte:t. The report said that
o <aileybury should %ease to be maintained as higher edu%ation %ollege for the
IC$
o There should be a broad general edu%ation rather than spe%iali;ed edu%ation
for the IC$ re%ruits
o The re%ruitment should be based upon an open %ompetitive e:amination to
bring out the best %andidates and not through mere superfi%ial 1no-ledge
o The appointments should be subDe%t to a period of probation.
o Charter #%t of +"3 deprived the Court of Dire%tors of its right of Patronage to
Indian appointments and no- it -as to be e:er%ised under the regulations.
This -as the Birth of Civil $ervi%es -hi%h -as thro-n in +"& for open
%ompetition.
4e: pro%inces
By that time? the administrative situation got hard due to anne:ation of ne- territories to
the %ompany*s possession in India.
The Charter #%t of +"3 empo-ered the 4overnor 4eneral of India=in Coun%il to ta1e
over by pro%lamation under his immediate authority and management of the
territories for the time being.
<e -as authori;ed to issue ne%essary orders and dire%tions for its administrations or
provide for its administration.
This resulted in %reation of #ssam? the %entral provin%es? and Burma
)o%ernment of India &ct 1;"'
+ac$gro-nd
India*s first -ar of Independen%e? -hi%h -as %alled the @$epoy 5utiny@ by the British
?proved to be the last nail in the %offin of Company rule in India. #part from many


so%ial and military %auses? the -ar or mutiny -as a dire%t result of the Do%trine of
lapse poli%y of ruthless anne:ation by ,ord Dalhousie.
The mutiny -as suppressed. But it sent ripples of fear to 3ondon? and %onvin%ed the
British that administration of the India must be ta'en over by the Crown.
The British prime 5inister? Palmerstone had introdu%ed a Bill in +"+ in the parliament
for the transfer of 4overnment of India to The %ro-n. <o-ever? before this bill -as to
be passed? Palmerstone -as for%ed to resign on another issue.
,ater ,ord $tanley introdu%ed another bill -hi%h -as originally titled as @&n &ct for
the +etter )o%ernment of India@ and it -as passed on #ugust 7? +"+. This a%t
provided that India -as to be governed dire%tly and in the name of the %ro-n.
This a%t is also 1no-n as Aueen Li%toria*s de%laration? +"+.
5ey pro%isions
This a%t abolished the %ompany rule? abolished the Court of dire%tors and abolished
the Board of %ontrol.
The a%t provided the Cro-n -ill govern India directly thro-gh a #ecretary of #tate for
India? -ho -as to e:er%ise the po-ers -hi%h -ere being enDoyed by the Court of
Dire%tors and Board of %ontrol.
(n $eptember )! )*+*! the court of directors held its last solemn assembly and the East
India Company issued its last instructions to the servants in the East, and offered to its
soverei-n an empire in these words. / let her #a&esty appreciate the -ift0let her the
vast country and teemin- millions of India under her direct control! but let her not
for-et the -reat corporation from which she has received them! nor the lessons to be
learnt from its success/ 1Cambrid-e History of India! )2334
The first $e%retary of state -as ,ord $tanley? -ho prior to 7 #ugust +"+? served as
President of the Board of Control. The $e%retary of $tate -as no- the politi%al head
of the India.
E!tra Info abo-t #ecretary of state
In /3"? the 4overnment of India #%t /3" provided a ne- Burma Fffi%e? in
preparation for the establishment of Burma as a separate %olony? but the same
$e%retary of $tate headed both Departments and -as styled the $e%retary of $tate for
India and Burma.
The first se%retary of state for India and Burma -as ,ord Dundas. The India Fffi%e of
the $e%retary of $tate for India and Burma %ame to an end in /&!? -hen -e got
independen%e and no- the $e%retary of state of India and Burma -as left to be
$e%retary of Burma.
Lis%ount Ennismore -as the first and last $e%retary of Burma? as Burma got
independen%e in /&+.


CentraliAation of &dministration
The right of appointment to important offi%es in India -as vested either in the %ro-n
or in the se%retary of state of India=in=Coun%il.
This a%t abolished the Dual 4overnment introdu%ed by the Pitt*s India a%t.
The administration of the %ountry -as no- highly %entrali;ed. #ll %ivil? military and
e:e%utive po-ers vested in the 4overnor in %oun%il? -ho in turn -as responsible to
$e%retary of $tate. There -as a provision of %reation of an Indian Civil $ervi%e under
the %ontrol of the $e%retary of $tate.

Indian Ci%il #er%ices &ct 1'61
Mear +.? mar1ed the passing of 3 a%ts. These a%ts -ere Indian Ci%il #er%ices &ct 1'611 Indian
Co-ncils &ct 1'61 and Indian 6igh co-rts &ct 1'61.
# %ompetitive e:amination -as organi;ed in +"3? but the Indians %ould not see1 entry.
<o-ever? the system of reserving principal posts for the members of the %ovenanted servi%e
6means British8 -as introdu%ed in +"+.
The Indian Civil $ervi%es #%t? +.? validated a number of irregular appointments
-hi%h -ere made in India to meet the e:igen%ies in disregard of the restri%tion that
all offi%es in the %ivil %adre of the %ompany*s servi%e in India -ere reserved to the %ivil
servi%es of the Presiden%y.
The re%ruitment in the %ivil servi%es -as s%heduled -hi%h also in%luded the number of
appointments to be filled @only by the members of the %ovenanted Civil $ervi%e in
>uture@.
Thus? the ,rincipal posts -ere reserved for British.
5ey pro%isions
The %ivil servi%es a%t +. laid do-n that any person? -hether Indian or European
%ould be appointed to any of the offi%es 6spe%ified in the s%hedule anne:ed8? provided
that he had resided for minimum of ! years in India.
The person had to pass an e:am in verna%ular language of the distri%t? in -hi%h he -as
employed.
The appointment -as also made a subDe%t to departmental tests or other
Gualifi%ations.
#ll appointments -ere no- to be reported to the $e%retary of $tate and unless
$e%retary of $tate approves -ithin t-elve months? -ere de%lared void.
The Indian Civil $ervi%es #%t %ould not fulfill the demand of the edu%ated Indians to
se%ure employment in the Covenanted Civil $ervi%e. >urther reforms -ere made later.
1. | I n d i a n P o l i t y | C o n s t i t u t i o n a l D e v e l o p m e n t s


The Indian Co-ncils &ct 1'61
5ey ,ro%isions
The 4overnments of 5adras and Bombay -ere deprived of their po-er of legislation
by Charter a%t of +33. The Indian Coun%ils #%t +. restored this po-er to them. This
a%t is 1no-n to have made notable %hanges in the %omposition of the 4overnor
4eneral*s %oun%il for e:e%utive H legislative Purposes.
The $ey changes for the e!ec-ti%e and legislati%e f-nctions
The %oun%il of the 4overnor 4eneral of India performed dual fun%tions of e:e%utive
and legislature. >or e:e%utive fun%tions the notable %hange -as that Coun%il of the
4overnor 4eneral -as e:panded and a fifth member -as added.
>or the purpose of ,egislation? the 4overnor 4eneral*s Coun%il -as restru%tured. 9o-
the additional ne- 9FT less than . and 9FT more than 7 members -ere no- to be
nominated by the 4overnor 4eneral and they -ere to hold the offi%e for t-o years.
Fut of these? not less than half -ere reGuired to be 9on=Fffi%ial.
This -as a beginning to-ards the establishment of legislative system by adding
legislative non offi%ial members to the Coun%il of the 4overnor 4eneral.
<o-ever? the fun%tions -ere limited to the legislation and it had not to do any other
fun%tion e:%ept the %onsideration or ena%tment of legislative measures.
It -as laid do-n that -ithout the assent of the 4overnor 4eneral a bill relating to the
publi% revenue or debt? religion? military? naval or foreign relations %annot be passed.
<o-ever? any su%h a%t might be dissolved by the %ro-n a%ting through the se%retary
of $tate of India.
The Indian Coun%ils #%t +. restored the po-er of legislation to the governor=in=
%oun%ils of 5adras and Bombay in respe%tive matters. The a%t also laid do-n the
provision for the formation of legislative %oun%ils in other provin%es.
'ith the Indian Coun%ils #%t for the first time ,ortfolio system started. Ea%h member
of the Coun%il of the 4overnor 4eneral -as allo%ated portfolio of a parti%ular
department. 3ord Canning :as the Birst to start a ,ortfolio system*
The 4overnor 4eneral -as authori;ed to e:er%ise a veto and issue ordinan%es in a
situation of emergen%y.
Indian 6igh Co-rts &ct 1'61
By Indian <igh Courts #%t +.? the $upreme H $adar Courts -ere amalgamated. The *Indian
<igh Court #%t* of +.? vested in Aueen of England to issue letters patents to establish <igh
Courts of Cal%utta? 5adras and Bombay.
The <igh Courts of Cal%utta? 5adras and Bombay -ere established by Indian <igh
Courts #%t +..
It5s worth note that Indian Hi-h Courts 6ct! )*7) did not by itself create and establish
the Hi-h Courts in India% The ob&ective of this act was to effect a fusion of the $upreme
1" | I n d i a n P o l i t y | C o n s t i t u t i o n a l D e v e l o p m e n t s


Courts and the $adar 6dalats in the three "residencies and this was to be
consummated by issuin- etter "atent% The &urisdiction and powers e8ercised by these
courts was to be assumed by the Hi-h Courts%
Composition of the 6igh Co-rt9s=
The Indian <igh Courts #%t +. had also spelled the %omposition of the <igh Court.
Ea%h <igh Court -as to %onsist of a Chief Busti%e and 9FT more than " regular Dudges.
The %hief Busti%e and minimum of one third regular Dudges had to be barristers and
minimum one third regular Dudges -ere to be from the @%ovenanted Civil $ervi%e@.
#ll Budges -ere the be in the offi%e on the pleasure of the Cro-n.
The <igh Courts had an Friginal as -ell as an #ppellate Burisdi%tion the former derived
from the $upreme Court? and the latter from the $udder Di-ani and $udder >ouDdari
#dalats? -hi%h -ere merged in the <igh Court.
E!tra dose
The Charter of <igh Court of Cal%utta -as issued on &th 5ay? +.7 and 5adras and
Bombay -as issued on Bune 7.? +.7.
$o? the Cal%utta <igh Court has the distinction of being the first 6igh Co-rt and one
of the three Chartered <igh Courts to be set up in India? along -ith the <igh Courts of
Bombay? 5adras.
<igh Court at Cal%utta -hi%h -as formerly 1no-n as <igh Court of Budi%ature at >ort
'illiam -as established on Buly ? +.7. $ir Barnes Pea%o%1 -as its first Chief Busti%e.
Fn 7nd >ebruary? +.3? Busti%e $umboo 9ath Pandit -as the first Indian to assume
offi%e as a Budge of the Cal%utta <igh Court.
The Bombay <igh Court -as inaugurated on &th #ugust ?+.7.
Indian <igh Court #%t +. also gave po-er to set up other <igh Courts li1e the <igh
Courts of the Presiden%y To-ns -ith similar po-ers.
2nder this po-er? a <igh Court -as established in +.. at <igh Court of Budi%ature for
the 9orth='estern Provin%es at #gra on ! 5ar%h +.. by the Indian <igh Courts #%t
of +. repla%ing the $adr Di-ani #dalat.
$ir 'alter 5organ? Barrister=at=,a- -as appointed the first Chief Busti%e of the <igh
Court of 9orth='estern Provin%es. <o-ever it -as shifted to #llahabad in +./ and
the name -as %orrespondingly %hanged to the 6igh Co-rt of 7-dicat-re at &llahabad
from 11 2arch 1;1;.
Indian Co-ncils &ct 1';2
+ac$gro-nd
Indian Co-ncils &ct 1';2 :as the beginning of the parliamentary #ystem in India* Before
this a%t -as passed? the Indian 9ational Congress had adopted some resolutions in its sessions
in ++" and ++/.


The first session of the Indian national Con-ress was or-ani9ed by 6 ( Hume and other leaders%
The : demands put by the INC were.
)% 6 simultaneous e8amination of IC$ to be held in En-land and India
3% Reforms of the le-islative council and adoption of the principle of election in place of
nomination
;% (pposition to the anne8ation of <pper Burma
:% Reduction in the #ilitary e8penditure%
o The se%ond demand mentioned above refle%ted the dissatisfa%tion of the
Indian 9ational Congress over the e:isting system of governan%e. The Indian
leaders -anted admission of a %onsiderable number of the ele%ted members.
They also -anted the %reation of similar %oun%ils of 9orth -estern Provin%e
and Fudh and also for PunDab
o The Indian leaders also -anted a right to dis%ussion on budget matters.
o The demand -as ta1en seriously by Li%eroy ,ord Dufferin -ho set a
%ommittee. The %ommittee -as given the responsibility to dra- a plan for the
enlargement of the provin%ial %oun%ils and enhan%ement of their status. The
plan -as dra-n? but -hen it -as referred to the $e%retary of $tate for India?
he did not agree to introdu%tion of the Prin%iple of ele%tion.
5ey pro%isions
The Indian Coun%ils #%t +/7 gave the members right to as1 Guestions on Budget or
matters of publi% Interest. But none of them -as given right to as1 supplementary
Guestions.
The a%t -as +/7 %an be said to be a >irst step to-ards the beginning of the
parliamentary system in India? -here the members are authori;ed to as1 Guestions.
#t least? they -ere enabled to indulge in a %riti%ism of the >inan%ial Poli%y of the
4overnment.
The Indian Coun%ils a%t +/7 %an also be said to introdu%e the prin%iple of
representation. This a%t authori;ed the universities? Distri%t Boards? 5uni%ipalities?
Jamindars and Chambers of Commer%e to send members to Provin%ial %oun%ils.
The Indian Coun%ils a%t +/7 in%reased the number of the additional members in %ase
of the %oun%il of the governor general to ma:imum of ..
In %ase of Bombay and 5adras +=70 and In %ase of the Bengal 70 and In %ase of 9orth
'estern provin%e and Fudh ".
Indian Co-ncils &ct 1;.
,ord Cur;on -as the vi%eroy of India in /03. <e -anted a si:th member in his %oun%il for Commer%e
and Industry. This demand -as fulfilled by the Indian Coun%ils #%t /0&.
The %ro-n -as empo-ered to appoint .th member in the E:e%utive Coun%il of the 4overnor
4eneral.
1( | I n d i a n P o l i t y | C o n s t i t u t i o n a l D e v e l o p m e n t s


This provision -as implemented and the .th member -as appointed -ho held the Portfolio
of Commer%e H industry.
Indian Councils Act 1909 or Morley-Minto reforms
Background
Lord Minto served as Viceroy of India since from 1905 to 1910. He succeeded Lord Curzon in
1905. Sir Henry Campbell-Bannerman who is first man to be given official use of the title
'Prime Minister' became Prime Minister in 1905. When he formed his cabinet he appointed
John Morley as Secretary of State for India.
This was the time of unrest in India. Both the Viceroy and the Secretary of State for India
decided to work out some scheme to reform the Legislative councils. This culminated as Indian
Councils act 1909 or Minto-Morley reforms. The idea was to give locals some more power in
the legislative affairs. The act was passed in 1911.
Key provisions : Communal Representation
A provision was made for the expansion of legislative councils at the both the levels viz. central
as well as provincial. Minto Morley Reforms was an unfortunate turn in our history.
It introduced separate and discriminatory electorate. This was for the first time that,
electorate for returning to the representatives to the councils was decided on the basis
of class & community.
For the provincial councils a provision of three categories was made viz. general,
special and chambers of commerce.
For the central council, one more category Muslims was added. This was for the first
time that, the seats in the legislative bodies were reserved on the basis of religion for
Muslims. This is called Communal representation.
The Minto Morley reforms are known to envisage a separate electorate for Muslims
and this had a long lasting impact on India's polity.
This was for the first time that Muslim community was recognized as a completely
separate section of the Indian nation and this triggered "A Cancer" in India called
"Hindu-Muslim Disharmony" which later culminated in India and Pakistan.
Separate constituencies were marked for the Muslims and only Muslim community
members were given the right to elect their representatives.
The number of members of the legislative councils at the center was increased from 16-
60.
The number of the members of the provincial legislatures was also increased and it was
fixed 50 for Bengal, madras and Bombay and 30 for rest of the provinces.
Some other features:
The act empowered the members to discuss the budget and move resolutions before it
was approved finally
The members were given rights to ask supplementary questions and move resolutions
to on matters related to loans to the local bodies.
1' | I n d i a n P o l i t y | C o n s t i t u t i o n a l D e v e l o p m e n t s


The members given right to discuss matters of the public interest but please note that
the House was not binding on the government.
In The Lahore Session of Indian National Congress, 1909, strong disapproval was
expressed against the separate electorate formed on the basis of religion.
Government of India Act 1919 (Montague Chelmsford Reforms)
Background
This act is known as a consequence of Montague Chelmsford Reforms.
On 17 July 1917 Edwin Samuel Montagu was made secretary of state for Government of India.
Lord Chelmsford became Viceroy of India on 4 April 1916. This was the era of World War I
and our country witnessed a rapid growth of revolutionaries.
During the First World War, Gandhi Ji had requested the country to help the allies in war.
Indian public was expecting that they would also get democratic reforms.
Samuel Montagu is known to have put a statement in the British Cabinet which asked for
"gradual development of free institutions in India with a view to ultimate self-government"
however, later the words "ultimate self government" were removed from his statement and He
declared what is now known as Montagu Declaration.
he Montagu declaration
The Montagu declaration reads as:
"Increasing association of Indians in every branch of the administration and the gradual
development of self-governing institutions with a view to the progressive realization of
responsible government in India as an integral part of the British Empire".
The key phrase "ultimate self-government" was removed but, still one another key phrase
"responsible government" in this statement gave the inference for the first time that rulers are
answerable to the public.
The declaration made the moderates happy and they said "It is Magna Carta of India".
However extremists expressed that it fell short for legitimate expectations of India.
After all, total independence was what they wanted.
The date was 20 August 1917 and it is also known as "August Declaration"
The Government of India act 1919 was passed on the basis of recommendations of Lord
Chelmsford and Samuel Montagu to introduce self-governing institutions gradually to
India. This act covered 10 years from 1919 to 1929.
1; | I n d i a n P o l i t y | C o n s t i t u t i o n a l D e v e l o p m e n t s


Salient Features:
The Government of India act 1919 had a separate Preamble. This Preamble declared
that Objective of the British Government is the gradual introduction of responsible
government in India.
The beginning was introduction of Diarchy. Preamble suggested for a decentralized
unitary form of government.
Diarchy means a dual set of governments one is accountable another is not accountable.
The Government of India Act of 1919, made a provision for classification of the central
and provincial subjects.
The provincial subjects were divided into two groups: One was reserved and another
was transferred. The reserved subjects were kept with the Governor and transferred
subjects were kept with the Indian Ministers. This division of subjects was basically
what they meant by introducing the Diarchy.
o The reserved subjects were the essential areas of law enforcement such as
justice, police, revenue. The transferred subjects were such as public health,
public works, education etc.
The Indian executive comprised of the Governor General and his council.
No bill of the legislature could be deemed to have been passed unless assented to by
the governor general. The later could however enact a Bill without the assent of the
legislature.
This act made the central legislature bicameral. The first house which was central
legislature, with 145 members (out of which 104 elected and 41 nominated) was called
central Legislative Assembly and second called with 60 members (out of which 33
elected and 27 nominated) was called Council of States. The term of the assembly was
fixed 3 years and council 5 years.
The central legislature can be called a primitive model of today's Lok Sabha & council of
states can be called a primitive model of Today's Rajya Sabha.
The act provided for the establishment of a Public Service Commission in India for the
first time.
This act also made a provision in its part V, that a statutory commission would be set
up at the end of 10 years after the act was passed which shall inquire into the working
into the system of the government. The Simon commission of 1927 was an outcome
of this provision.
The communal representation was extended and Sikhs, Europeans and Anglo Indians
were included. The Franchise (Right of voting) was granted to the limited number of
only those who paid certain minimum "Tax" to the government.
The tenure of the central legislature was 3 years
The seats were distributed among the provinces not upon the basis of the population
but upon the basis of their importance in the eyes of the government, on the basis of
communities, and property was one of the main basis to determine a franchisee. Those
people who had a property, taxable income & paid land revenue of Rs. 3000 were
entitled to vote.
The central legislature was empowered to consider, pass or reject legislation on any of
the subjects enumerated in the Central list. But, the Governor-General had the last word
on any Bill passed by the Legislature.


He possessed the power to prevent the consideration of a Bill or any of its part, on the
plea that it was injurious to the peace and tranquility of the country. He could disallow
a question in the legislature. He had the power to withhold his assent to any Bill passed
by the legislature without which it could not become an Act. He also had the power to
disallow an adjournment motion or debate on any matter. He could enact a law, which
he considered essential for the safety and tranquility of the empire even if the legislature
had refused to pass it.
The financial powers of the central legislature were also very much limited. The budget
was to be divided into two categories, votable and non-votable. The votable items
covered only one third of the total expenditure. Even in this sphere the Governor-
General was empowered to restore any grant refused or reduced by the legislature, if in
his opinion the demand was essential for the discharge of his responsibilities.
he Government of India Act 19!"
Background
The changes introduced by the Government of India act 1919 were too short of a self-
government in our country. There was only partial transfer of powers through a system of
dyarchy. The act was inadequate to satisfy the National aspirations.
The division of subjects in Reserved and transferred was illogical and not acceptable. In
November 1920, there were elections which were boycotted by the congress. The government
of India act 1919 envisaged the centralization through the division of authority between the
central and provincial governments in various fields of administration but central legislature
was competent to legislate on the Provincial subjects and there was still no federal principle in
operation and Government in India was still unitary.
The act of 1919 could not satisfy any one. The dyarchy as an experiment failed, when it was
put to practice as there was no substantial transfer of power to the representatives of the people.
There was an emergence of a new spirit, zeal and unity among the educated Indians under the
banner of Indian National Congress
In January 1915, Mahatma Gandhi had returned to India from South Africa. In may
1915 he established Sabarmati ashram in Gujarat.
The Champaran agrigarian dispute of North Bihar, a similar dispute in Gujarat at kaira
and also a labor dispute in Ahmadabad made Mahatma Gandhi a national hero and his
influential political career started. He devised a new technique Satyagraha.
The British were irked by the growing revolutionary terrorism and the ongoing First
World War. In 1919, a committee was established by the Governor general Chelmsford
under the judge of the Kings Bench in London Sydney Rowlatt. The responsibility of
this committee was to investigate into the nature and extent of revolutionary activities
and suggest measures. This committee submitted its report in April 1918. Based upon
the recommendations of this committee two bills were introduced. One was dropped
and another was passed. The name of this passed bill, which was now an act was
Anarchical and Revolutionary Crimes Act which was called Rowlatt Act.


On February 6, 1919, Gandhi Ji decided to launch the Satyagraha and criticized the
Rowlatt act as subversive and unjust and against the principles of liberty. The
volunteers courted arrest and a strike was launched country wide on April 6, 1919. On
April 13, 1919 the Jallianwala Bagh tragedy occurred and the Satyagraha lost
momentum.
Before the government of India act 1935 passed, 3 round conferences in London were
held. These have been discussed in our Independence struggle.
Salient Features
The Government of India Act 1935 introduced the provincial autonomy and provided
for an all India federation.
This act introduced dyarchy at the central level.
This act had 321 sections and 10 schedules.
It made a provision for establishment of a Federal court.
The franchisee was extended.
It divided the subjects in 3 lists.
The Indian council was abolished and an advisory body was introduced.
Burma was separated from India, and Aden was surrendered to British Colonial office.
The political conscious of the people of India was not considered. There was no
provision of any fundamental right. It perpetuated the sovereignty of the British
parliament over India.
All India #ederation$
The government of India act 1935 provided for an all India federation. In this all India
federation the british India provinces, the chief commissioners of the provinces and
those Indian states which might accede to be united were included. The federation
consisted of 11 provinces, 6 chief commissioners provinces and other states.
The accession to the federation was voluntary.
%ome &ey 'oints$
This act ended the system of dyarchy introduced by the Government of India Act 1919
and provided for the establishment of a "Federation of India", to be made up of both
British India and some or all of the "princely states"
This act introduced for the first time the direct elections and increased the franchise
from seven million to thirty-five million people.
The partial reorganization of the provinces included separation of Sind from Bombay,
Splitting Bihar and Orissa into separate provinces, complete separation of Burma from
India, Detachment of Aden from India and establishing as a separate colony.
However, the degree of autonomy introduced at the provincial level was subject to
important limitations: the provincial Governors retained important reserve powers, and
the British authorities also retained a right to suspend responsible government.


The act proposed that federation of India could come into existence only if as many
princely states (which had been given option to join or not to join) were entitled to one
half of the states seats in the upper house of the federal legislature.
The parts of the Act intended to establish the Federation of India never came into
operation, due to opposition from rulers of the princely states. The remaining parts of
the Act came into force in 1937, when the first elections under the Act were also held.
The proposed federal polity was to have a bicameral legislature at the center.
())er *ouse$
The upper house was called Council of States and it consisted of 260 members. Out of
these 260 members 156 were to represent the provinces and 104 to the native states.
Out of the 156 which were to represent the provinces, 150 were to be elected on
communal basis. Seats reserved for Hindus, Muslims, Sikhs, were to be filled by direct
elections and Seats reserved for Indian Christians, Anglo Indians and Europeans was to
be filled by indirect method of a electoral college consisting of their representative
members.
+o,er *ouse$
The lower house was to be called the federal assembly. It consisted of 375 members
out of whom 250 were to represent the provinces and 125 to represent the princely
states. The term of the assembly was five years but it could be dissolved earlier also.
#ederal Court$
A federal court was established which began its functioning from October 1, 1937. The
chief Justice of the federal court was Sir Maurice Gwyer.
It consisted of One Chief Justice and not more than 6 Judges.
#ederal Rail,ay Authority$
The Government of India Act 1935 vested the control of the railways in federal railway
authority, a new 7 member body. This authority was kept free from the control of
ministers and councilors. The idea was to assure the British Stakeholders of the railways
that their investment was safe.
The Simon commission had promised 'Dominion Status' for India in 1929 , but the
Government of India Act did not confer it. This act by providing separate electorates
for Hindus, Muslims, Sikhs, Europeans, Anglo Indians, Indian Christians etc. proved
to be an instrument of disintegrating the unity fabric of the country. It was over
obstructing and Nehru called it "all breaks, no engine".


he Indian Inde)endence Act- 19./
The Indian Independence Act was based upon the Mountbatten plan of 3
rd
June 1947 and was
passed by the British parliament on July 5, 1947. It received royal assent on July 18, 1947.
Salient features:
It provided for two dominion states : India and Pakistan
The boundaries between the two dominion states were to be determined by a Boundary
Commission which was headed by Sir Cyril Radcliff.
It provided for partition of Punjab & Bengal and separate boundary commissions to
demarcate the boundaries between them.
Pakistan was to comprise the West Punjab, East Bengal, Territories of the Sind, North
West frontier provinces, Syllhat divisions of Assam, Bhawalpur, khairpur, Baluchistan
and 8 other princely states of Baluchistan.
The authority of the British Crown over the princely states ceased and they were free
to join either India or Pakistan or remain independent.
Both the dominions of India and Pakistan were to have Governor Generals to be
appointed by the British King. The act also provided for a common Governor general
if both of them agreed.
The constituent assemblies of both the states were free to make constitutions of their
respective countries.
For the time being till the constitution was made, both of them would be governed in
accordance with the Government of India act 1935.
Any modification or omission could be done by the Governor General.
British Government would not continue any control on any dominion.
The Governor general was invested with adequate powers until March 1948 to issue
orders for effective implementation of the provisions of the Indian independence act
1947.
Those civil servants who had been appointed before the August 15, 1947, will continue
in service with same privileges.

2. | I n d i a n P o l i t y | C o n s t i t u t i o n a l D e v e l o p m e n t s


Enroll Today
&nd )et &ccess Bor
IAS 2014 Prelims - Mains (GS) Full Online Course
/ith
Video Lectures, Targeted Notes, Practice Tests, Video Lectures, Targeted Notes, Practice Tests, Video Lectures, Targeted Notes, Practice Tests, Video Lectures, Targeted Notes, Practice Tests,
Doubt clearing and one to one Doubt clearing and one to one Doubt clearing and one to one Doubt clearing and one to one counsel counsel counsel counselling ling ling ling
Classes can be accessed any time 2.!(

Constitutional Developments Sample

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Constitutional Developments Sample

Uploaded by

Copyright:

Available Formats

1 | I n d i a n P o l i t y | C o n s t i t u t i o n a l D e v e l o p m e n t s

You might also like