2 Constitutional Development from 1858 AD
2.1 Government of India Act of 1858
The British Crown assumed sovereignty over India from the East India Company. Provided absolute imperial control without any popular participation in the administration of the country.
This Act transferred the Government, territories and revenues of India from the East India Company to the British Crown.
The rule of company was replaced by the rule of Crown in India.
The powers of the British Crown were to be exercised by the Secretary of State for India.
The secretary of state was a member of the British Cabinet.
He was assisted by the Council of India, having 15 members.
He was vested with complete authority and control over the Indian administration through the Governor-General as his agent.
He was ultimately responsible to the British Parliament.
The Governor General was made the Viceroy of India.
Lord Canning was the first Viceroy of India 1858.
2.2 Indian Councils Act of 1861
It was introduced for the first time in representative institutions in India.
It provided that the Governor General's Executive Council should have some Indians as the non-official members while transacting the legislative businesses.
Initiated the process of decentralisation by restoring the legislative powers to the Bombay and the Madras Presidencies.
It accorded the statutory recognition to the portfolio system.
2.3 Indian Councils Act of 1892
Introduced the Principle of elections but in an indirect manner.
Enlarged the functions of the Legislative Councils and gave them the power of discussing the Budget and addressing questions to the Executive.
2.4 Important Dates
1687 - The first Municipal Corporation in India was set up in Madras.
1772 - Lord Warren Hastings created the office of District Collector.
1829 - The office of the Divisional Commissioner was created by Lord William Bentick.
1859 - The portfolio system was introduced by Lord Canning.
1860 - A system of Budget was introduced.
1870 - Lord Mayo's resolution on financial decentralisation, visualised the development of local self-government institutions in India.
1872 - First census in India was conducted during Lord Mayo's period.
1881 - First regular census was conducted during the period of Lord Ripon.
1882 - Lord Ripon's resolution was hailed as the 'Magna Carta' of local self-government. He is regarded as the 'Father of local self-government in India'.
1905 - The tenure system was introduced by Lord Curzon.
1905 - The Railway Board was set up by a resolution of the Government of India.
1921 - A Public Accounts Committee was created at the Center.
1921 - The Railway Budget was separated from the General Budget.
1935 - The Reserve Bank of India was established by an act of the Central Legislature.
2.5 Indian Councils Act of 1909
This act is also known as the Morley-Minto Reforms after the Secretary of State for India (Lord Morley and the Viceroy Lord Minto).
It changed the name of the Central Legislative Council to the Imperial Legislative Council.
Introduced a system of Communal representation for Muslims by accepting the concept of 'separate electorate'.
First attempt to introduce a representative and popular element in Indian Administration. Election for Legislative Counsel at the centre.
At provincial levels elected non-members in majority.
Lord Minto came to be known as the 'Father of communal electorate'.
2.6 Government of India Act of 1919
All called Montague-Chelmsford Reform after the Secretary of State for India (Montegue) and the Viceroy (Chelmsford).
Dyarchy in the Provinces (division of subjects of administration into transferred and reserved subjects to be the responsibility of Ministers responsible to the Legislative Council).
Indian Legislature to become Bi-Cameral (Council of State composed of 60 members and Legislature Assembly composed of 144 members).
2.7 Simon Commission 1927
In November 1927 itself (i.e 2 years before the schedule), the British Government announced the appointment of a seven-member statutory commission under the chairmanship of Sir John Simon to report on the condition of India under its new Constitution.
All the members of the commission were British and hence, all the parties boycotted the commission. The commission submitted its report in 1930 and recommended the abolition of diarchy, extension of responsible government in the provinces, establishment of a federation of British India and princely states, continuation of communal electorate and so on.
To consider the proposals of the commission, the British Government convened three round table conferences of the representatives of the British Government, British India and Indian princely states. On the basis of these discussions, a 'White Paper on Constitutional Reforms' was prepared and submitted for the consideration of the Joint Select Committee of the British Parliament. The recommendations of this committee were incorporated (with certain changes) in the next Government of India Act of 1935.
2.8 Communal Award 1932
In August 1932, Ramsay MacDonald, the British Prime Minister, announced a scheme of representation of the minorities, which came to be known as the Communal Award. The award not only continued separate electorates for the Muslims, Sikhs, Indian Christians, Anglo-Indians and Europeans but also extended it to the depressed classes (scheduled castes).
Gandhiji was distressed over this extension of the principle of communal representation to the depressed classes and undertook fast unto death in Yerwada Jail (Poona) to get the award modified.
At last, there was an agreement between the leaders of the Congress and the depressed classes. The agreement, known as Poona Pact, retained the Hindu joint electorate and gave reserved seats to the depressed classes.
2.9 Government of India Act 1935-Mini Constitution
Provided for federation taking the Provinces and the Indian princely states as units.
Optional for Indian States to join the Federation (never joined) Dyarchy at the Center.
Reserved subjects at the Center level are administered by the Governor-General at his discretion with the help of 'counsellors' appointed by him, and not responsible to the Legislature (this provision never came into practice).
A federal court was to be established.
Burma was separated from India.
The act divided the powers between the centre and the units in terms of three lists, namely the Federal List, the Provincial List and the Concurrent List.
It provided for the establishment of a Reserve Bank of India to control the currency and credit of the country.
Introduced bicameralism in 6 out of 11 Provinces.
These six Provinces were Assam, Bengal, Bombay, Bihar, Madras and the United Province.
2.10 Indian Independence Act of 1947
It was based on the famous Mountbatten Plan (3rd June, 1947). Parliament on July 5, 1947. The Act relieved the assent of the crown on July 18, 1947 and became effective on Aug 15, 1947. It main provisions were:
Two Dominion States-India and Pakistan came into existence on Aug 15, 1947.
The boundaries between the two Dominion States were to be determined by a boundary Commission headed by Sir Cyril Radcliff.
Both the states shall have the right to frame their Constitutions by their respective Constituent Assemblies. They shall also have the right to leave the British Commonwealth.
The British government will not exercise any authority over the two Dominions after Aug 15, 1947.
Till the new Constitutions are not effective, the governments in the two states will be run on the basis of Provisions of the Government of India Act, 1935.
The British Crown shall cease to be ruler of India.
The members of the civil services appointed before Aug 15, 1947 will continue to remain in service and to enjoy all benefits, which they were entitled to avail so far.
2.11 Constitutional Development under the British Crown
The Govt. of India Act, 1858
The Indian Council Act, 1861
The Indian Council Act, 1892
The Govt. of India Act, 1909
The Govt. of India Act, 1919
Simon Commission - 1928
The Govt. of India Act, 1935
The August Offer, 1940
The Cripps Mission, 1942
The Cabinet Mission Plan, 1946
The Mountbatten Plan, 1947
The Indian Independence Act the effect of this Act was the gradual evolution of the responsible Govt. and Parliamentary system in India.
