Constitutional evolution under British rule

1. Regulating Act 1773

o beginning of British parliamentary control over the East India Company

o subordination of the presidencies of Bombay and Madras to Bengal

o Governor of Bengal made Governal-General

o council of Governor-General established

o Supreme Court established in Calcutta

2. Pitt’s India Act 1784

o commercial and political activities of the Company separated

o established a board of control over the Company

3. Charter Act 1813

o Trade monopoly of the Company abolished

o Missionaries allowed to preach in India

4. Charter Act 1833

o Governor-General of Bengal becomes Governor-General of India

o First Governor-General Lord William Bentick

o Ends commercial activities of the Company

5. Charter Act 1853

o legislative and executive functions of the Governor-General’s council separated

o open competition for Indian Civil Services established

6. Indian Council Act 1861

o establishes legislative councils at the centre, presidencies and provinces

o Governor-General’s executive council to have Indians as non-official

members

o restores legislative power to Bombay and Madras presidencies

o recognises portfolio system of governance

7. Indian Council Act 1892

o introduces indirect elections

o enlarges the function of legislative councils giving the power to discuss the

budget and address questions to the executive

o enlarges the size of the legislative councils

8. Government of India Act 1898

o administration taken over directly by the British crown

o office of the Governor-General replaced by the Viceroy

o first Viceroy is Lord Canning

9. Indian Council Act 1909 (Minto-Morley Reforms)

o first attempt to introduce representative and popular element to government

o changed name of Central Legislative Council to Imperial Legislative Council

o increased the non-official members in the Imperial and Provincial legislative

councils

o non-official members hold majority in the provincial legislative councils, but

official members hold majority in the central

o appointed Indians to the Viceroy’s Executive Council and provincial

executive councils

o established separate electorate for Muslims

10. Government of India Act 1919 (Montagu-Chelmsford Reforms)

o classified government subjects into central and provincial

o established dyarchy in the provinces

o provincial subjects divided into Reserved and Transferred. Reserved subjects

administered by the Governor, Transferred subjects by Indian ministers

o central legislature covered all central subjects and some provincial subjects

o all bills of the legislatures required Governor-General’s assent, while the

Governor-General could enact bills without assent from legislatures

o established the Public Service Commission

11. Government of India Act 1935

o provided for the establishment of a Federation of India consisting of the

Provinces and Princely States

o dyarchy withdrawn from the provinces and established at the Centre. Introduced ‘provincial autonomy’

o introduced direct elections

o proposed the Federal Legislature to be bicameral

o administrative subjects divided into Federal, Provincial and Concurrent

o reserved subjects at the Centre to be administered by the Governor-General

o Governor-General to be assisted by a Council of Ministers

o provided for the establishment of a Federal Court with original, appellate and

advisory jurisdiction. Appeals from the Federal Court went to the Privy Council

in London

o Burma and Aden separated from India

12. Indian Independence Act 1947

o sovereignty and responsibility of the British Parliament for India abolished

o Governor-General and provincial Governors become constitutional heads

o the British crown ceases to be the source of authority

The Constituent Assembly (1946 – 1950)

· first met on 09 Dec 1946

· consisted of 389 members. 292 were elected from the Provinces, 93 were nominated by

the Princely States, and 4 were nominated from the Chief Commissioners Provinces

· Dr. Sachidananda Sinha was the first President of the Constituent Assembly

· The Preamble of the Constitution was a modification of the ‘Objective Resolution’

introduced Jawarharlal Nehru

· The Assembly appointed 22 committees

· The most important of these committees was the Drafting Committee, set up in Aug 1947

· The Drafting Committee had 7 members. B.R. Ambedkar was its Chairman

· The Drafting Committee published the Draft Constitution in Feb 1948, which was

adopted on 26 Nov 1949

· The Constitution came into effect on 26 Jan 1950. However, certain provisions

regarding citizenship, elections, provisional parliament and presidential election

procedures came into effect earlier, on 26 Nov 1949.

· 26 Jan was chosen in significance of the informal ‘Independence Day’ observed in 1930

· The term of the Constituent Assembly ended on 24 Jan 1950. However, it re-emerged as

the Provisional Parliament on 26 Jan 1950, and remained so until the first Lok Sabha

elections

· The President of the Constituent Assembly, Rajendra Prasad, became the first

President of India

· Gandhi and Jinnah were not members of the Constituent Assembly