Historical Background
Many ideas in our Constitution did not appear overnight. A Governor-General, a federal structure, provincial autonomy, public service commissions, even the three lists of powers all grew out of British-era laws. Read the Acts in order and remember the one new idea each of them added.
From the Company to the Crown (1773 to 1858)
| Act | What it did |
|---|---|
| Regulating Act, 1773 | First step by the British Parliament to control the East India Company. Governor of Bengal became Governor-General of Bengal (Warren Hastings the first). Executive Council of four. Supreme Court at Calcutta (1774). Company servants barred from private trade. |
| Pitt's India Act, 1784 | Dual control: Court of Directors for trade and a Board of Control for political affairs. Company territories were called "British possessions in India". |
| Charter Act, 1813 | Ended the Company's trade monopoly (except tea and the China trade). ₹1 lakh a year for education. Christian missionaries allowed. |
| Charter Act, 1833 | Governor-General of Bengal became Governor-General of India (Lord William Bentinck the first). Law member added (Macaulay). Company stopped being a trading body. |
| Charter Act, 1853 | Last Charter Act. Legislative and executive functions of the Governor-General's Council separated. Open competition for the civil service introduced. |
| Government of India Act, 1858 | After the Revolt of 1857 the Company's rule ended and power passed to the Crown. Governor-General became Viceroy (Lord Canning the first). Secretary of State for India with a Council of 15 members. |
Slow opening of the councils (1861 to 1919)
| Act | What it did |
|---|---|
| Indian Councils Act, 1861 | Portfolio system started. Indians were nominated to the Viceroy's Legislative Council for the first time. Legislative powers of Bombay and Madras restored. Viceroy got power to issue ordinances. |
| Indian Councils Act, 1892 | More non-official members. Indirect election began (by nomination on recommendation). Members could discuss the budget and ask questions. |
| Indian Councils Act, 1909 (Morley-Minto) | Separate electorates for Muslims (Lord Minto is called the father of communal electorate). Satyendra Prasad Sinha became the first Indian in the Viceroy's Executive Council. |
| Government of India Act, 1919 (Montagu-Chelmsford) | Dyarchy in the provinces: Transferred subjects (education, health, local government, agriculture) under Indian ministers and Reserved subjects (law and order, finance, land revenue) under the Governor. Bicameral Central legislature. Direct elections on a large scale. Separate electorates extended to Sikhs, Indian Christians, Anglo-Indians and Europeans. Central and provincial budgets separated. |
The road to 1935
- 1927: Simon Commission, with no Indian member, was boycotted ("Simon, go back").
- 1928: Nehru Report (Motilal Nehru), the first attempt by Indians to draft a constitution. It asked for Dominion Status and a list of rights.
- 1930 to 32: Three Round Table Conferences in London.
- 1932: Communal Award (Ramsay MacDonald) gave separate electorates to the depressed classes. Gandhi fasted and the Poona Pact (Gandhi and Ambedkar) gave them reserved seats in the general electorate instead.
Government of India Act, 1935
The longest and most detailed Act so far, and the main source of our Constitution's administrative provisions.
- Proposed an All-India Federation of provinces and princely states (it never came into being because the princes did not join).
- Provincial autonomy: dyarchy ended in the provinces. Governors acted on the advice of ministers responsible to the legislature.
- Dyarchy introduced at the Centre (this part never started).
- Three lists: Federal, Provincial and Concurrent. Residuary powers with the Governor-General.
- Federal Court (1937), Reserve Bank of India (1935), Federal and Provincial Public Service Commissions.
- Burma separated from India (1937). Sind and Orissa created as new provinces.
- Franchise widened to about 10 per cent of the population.
Towards independence (1940 to 1947)
- 1940: August Offer. 1942: Cripps Mission and Quit India Movement.
- 1946: Cabinet Mission (Pethick-Lawrence, Stafford Cripps, A.V. Alexander) proposed a Constituent Assembly and an interim government.
- 3 June 1947: Mountbatten Plan (partition).
- Indian Independence Act, 1947 (passed July 1947, in force 15 August 1947): created two independent dominions, India and Pakistan. The British Crown gave up control over the princely states, which could join either dominion. The Constituent Assemblies became the legislatures. The post of Secretary of State for India was abolished, and the 1935 Act continued as the interim constitution.
Read the full article: Historical Background of the Indian Constitution (1773 to 1947).
Keep practising
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Prepared for exam revision from the Constitution of India and standard sources. Office-holders and recent developments change, so check official sources before relying on them. Found a mistake? Tell us.