Historical development

• The Indian Constitution was framed by the Constituent Assembly set-up for this purpose in 1946 and the Constitution came into being on 26th January, 1950. However, the various provisions and features of Constitution have their roots in the British administration, which introduced modern governance structure in India.
• Before British administration Vasco da Gama was a Portuguese explorer who became the first European to reach India by sea. His successful voyage in 1498 established a direct maritime trade route between Europe and India, paving the way for European colonial expansion in Asia.
• He sailed around the Cape of Good Hope (South Africa) and reached Calicut (now Kozhi Kode, Kerala) on May 20, 1498. He was welcomed by the local ruler, the Zamorin of Calicut but faced hostility from Arab traders who controlled the spice trade.

Defeat of Portuguese

• A fleet of four British ships (led by Captain Thomas Best) fought against Portuguese galleons and oar-driven ships near the Swally port (Surat, Gujarat).
• The British ships were faster and better armed, while the Portuguese relied on traditional naval tactics.
• The Portuguese fleet was defeated, marking the end of their naval dominance on the western Indian coast.
• Impressed by the British victory, Jahangir granted the EIC permission to establish a factory in Surat (1613).

East India Company : From a trading company to the coloniser of India

• The East India Company (EIC) was established in 1600 in England (London) by Queen Elizabeth I as a trading company to conduct business with the East Indies (South Asian, South East Asian Countries). Ruler of India at that time was Akbar (1556-1605).
• The EIC strated by trading spices, tea, cotton, silk from India. Spices were used to preserve food item (like meat) in European countries, it established its first trading post at Surat (1613) and later expanded to Madras (1630), Bombay (1668) and Calcutta (1690).
• But the political landscape of India was in turmoil mainly after the death of Aurangzeb in 1707.

• Reasons of Instablility

• Mughals were declining (No strong leaders)
• Regional Kingdoms were rising in influence (Maratha, Hyderabad, Bengal, Awadh)
• Foreign invasion (3rd Battle of Panipat (1761) between Abdali and Maratha).

• Due to this instability the EIC started to involve in the politics of India.
• Sometimes they aligned with the regional rulers & favoured them in war.
• After the Battle of Plassey (1757) & Battle of Buxar (1764), the EIC got Diwani rights (tax collection rights) in Bengal Province (Bengal, Bihar and Orissa).
• And then gradually the influence of EIC in the politics of India increased.
• The Company started to acquire territories in India. It means the colonisation of India began with the establishment of Company rule.

• Subsidiary Alliance (1798) – Introduced by Lord Wellesley, forcing Indian rulers to accept British protection and disband their armies (e.g., Hyderabad, Awadh).
• Doctrine of Lapse (1848-1856) – Introduced by Lord Dalhousie, allowing the British to annex states with no male heir (e.g., Satara, Jhansi, Nagpur).
• Annexation of Punjab (1849) – After the Anglo-Sikh Wars, the EIC annexed Punjab, ending Sikh rule
• Anglo-Mysore and Anglo-Maratha Wars (1767-1818) – Defeated Tipu Sultan and the Marathas, expanding British control over southern and western India.
• The rising influence of EIC and the incidents of misgovernance and corruption by the company officials led to the intervention of British parliament to control the affairs of the Company in India.

British Parliament legislations to control EIC

1 ) Regulating Act of 1773 : The Regulating Act of 1773 was passed by the British Parliament to bring the East India Company (EIC) under control due to its financial mismanagement, corruption, and administrative failures in India. The Company had become a political power after winning the Battle of Plassey (1757) and Battle of Buxar (1764).

• After the Battle of Buxar (1764), the Company took over the administration of Bengal, Bihar, and Orissa but struggled to govern efficiently. After Treaty of Allahabad (1765) , Robert Clive earned the Diwani of Bengal, Bihar and Orissa from the Mughal Emperor Shah Alam, against payment of Rs. 26 lakhs and Nawab give up his Nizamat right. Therefore, Company become the virtual sovereign and master of this territory.

• The East India Company was facing a severe financial crisis due to mismanagement, corruption, and extravagant spending by its officials. British officials in Bengal were accused of corruption, bribery, and extortion.
• Demand for Loan and intervention of government : The Company asked the British government for a loan of £1.4 million, leading to government intervention. The British government realised the need to regulate the Company’s administration to prevent further exploitation.

Key provisions of Regulating Act 1773 : –

• First British law to regulate the East India Company’s affairs in India.
• Designated the Governor of Bengal as the Governor-General of Bengal (Warren Hastings was the first).
• Laid the foundations of central administration in India. The Governors of Bombay and Madras presidencies were made subordinate to the Governor-General of Bengal.
• Created a Supreme Court (1774) in Calcutta to administer justice. Sir Elijah Impey as the chief justice and Robert Chambers, Stephen Caesar Lemaitre and John Hyde as puisne judges.
• Prohibited from engaging in private trades. (While the British East India Company had a monopoly on trade, many of its officials engaged in unauthorised private trade, dealing in textiles, saltpeters, opium, indigo, and other commodities. Company servants used their positions to conduct personal business, often in partnership with Indian merchants.)
• Marked the beginning of British parliamentary control over India.
• Mandated “Court of Directors” to report on its revenue, civil, and military affairs in India. Therefore the control of the British Govt strengthened on the company.

• Amending Act of 1781 (Act of Settlement, 1781)
• The Amending Act of 1781, also known as the Act of Settlement, 1781, was passed by the British Parliament to rectify the defects of the Regulating Act of 1773.
• The Regulating Act had introduced a Supreme Court in Calcutta but created jurisdictional conflicts between the Supreme Court, the Governor-General, and the Council, leading to administrative confusion.
• The Amending Act of 1781 aimed to resolve these issues and clarify the powers of different authorities.
• Jurisdiction of the Supreme Court Restricted : The Supreme Court’s jurisdiction was restricted only to British subjects (Company officials and residents of British origin). It could not interfere in the revenue collection or judicial actions of Company courts.
• Governor-General and Council Exempted from Court Jurisdiction : The GovernorGeneral and his Council were not answerable to the Supreme Court for official actions. This protected them from legal challenges that could obstruct governance.
• Jurisdiction over Indians Limited : The Supreme Court was directed to respect local customs and religious laws when dealing with Indians. The cases involving Indians were to be decided according to their personal laws (Hindu or Muslim law).
• Appeals System Established : Appeals from Company courts could be made to the Governor-General in Council, which acted as the highest court of appeal. The Supreme Court could not hear appeals from revenue courts.
• Empowered the Governor-General-in-Council to frame regulations for the provincial courts and councils.

3. Pitt’s India Act, 1784 :

• To establish direct control of the British government over the East India Company. For the first time the commercial and political functions of the company was recognised. (William Pitt, the Younger, was Prime Minister)

 Important Provisions: –

• Created a “Board of Control” to oversee Company’s political affairs in India. The Board had the authority to control and direct all civil, military, and revenue matters related to British India.
• Delineation of functions: The “Board of Control” managed political affairs while the “Court of Directors” continued to manage commercial affairs. Therefore it distinguished between the commercial and political functions of the company.
• Governance Structure: The Board of Control was responsible for receiving dispatches from the Governor-General in India and forwarding them to theBritish government. It ensured that Company policies aligned with British imperial interests.

Note : The act acknowledged for the first time, the Company’s territories in India as ‘British possessions in India’.

4. Charter Act 1813

• End of Trade Monopoly : The East India Company lost its trade monopoly in India, except for trade with China and tea trade. British merchants were now allowed to trade freely in India. It marked the beginning of free trade in India, leading to greater British commercial interests. Unrestricted British trade led to economic exploitation of Indian resources and markets and drain of wealth.
• Renewal of Company’s Rule : The East India Company’s rule in India was extended for another 20 years.
• Regulation of Indian Revenue and Expenditure : The British Crown asserted greater control over the Company’s finances. The Board of Control was given authority to oversee the revenue and spending of the Company.
• Permission for Missionary Activities : Christian missionaries were officially allowed to enter India for propagation of religion and education. This marked the beginning of formal missionary activities in India.
•  Promotion of Education : The Act allocated ₹1 lakh per year for the promotion of western education in India. This was the first official recognition of the need for education in India.

5. Charter Act of 1833 : The Charter Act of 1833 was a turning point in Indian administration, strengthening British control and laying the foundation for future legal and bureaucratic reforms.

• End of East India Company’s Commercial Role : The Act completely ended the East India Company’s commercial activities. It became only an administrative body under British control.
• Creation of a Centralized Government : The Governor-General of Bengal was made the Governor-General of India (First: Lord William Bentinck). The Act centralized administration under one authority.
• Legislative Powers Consolidated : The Governor-General’s Council was given exclusive legislative powers over all British territories in India. The laws made by the GovernorGeneral-in-Council were applicable to the entire country. It deprived the Governors of Bombay and Madras of their legislative powers.
• Provision for an Indian Law Commission : The First Law Commission was set up in 1834under Lord Macaulay to codify Indian laws. This led to later legal reforms, including the Indian Penal Code (IPC).
• Attempt to Introduce Open Competition in Civil Services : The Act proposed that Indians should be allowed in government services based on merit. However, this was not implemented due to opposition from the Court of Directors.
• Regulation of Slavery : The Act took steps toward abolishing slavery in India, though complete abolition came in 1843. The Indian Slavery Act of 1843, also known as Act V of 1843, outlawed the sale of people as slaves in British India. The act was implemented under the Governor-General of India, Lord Ellenborough.
• Expansion of British Influence : The British government gained the power to legislate and govern territories acquired in the future. This strengthened British control over Indian administration.

6. Charter Act of 1853 : This Act was the last Charter Act before the Revolt of 1857, after which British rule in India shifted from Company rule to direct Crown administration under the Government of India Act, 1858.

• No Fixed Renewal Period for the East India Company : Unlike previous Charter Acts, this Act did not specify a fixed period for the Company’s rule. The Company’s governance continued at the pleasure of the British Crown
• Separation of Legislative and Executive powers : It separated the legislative and executive functions of the Governor-General’s council. The Governor-General’s Council was expanded by adding six new legislative members. This led to the creation of a separate legislative and executive function within the Council.

• Introduction of Open Competition for Civil Services : The Act introduced merit-based selection for Indian Civil Services (ICS) through competitive exams. Indians were allowed to compete, though real implementation was slow.
• Introduction of Local Representation: The Charter of 1853 introduced local representation in the Indian (Central) Legislative Council for the first time. Four of the six new legislative members of the Governor-General’s Council were appointed by the local governments of Madras, Bombay, Bengal, and Agra.
• Separate Governor for Bengal: The Charter Act of 1853 established a separate governor for the Bengal Presidency. This distinguished the governor of Bengal from the GovernorGeneral, who was in charge of India’s administration as a whole.

Beginning of Crown Rule (1858-1947)

• The Government of India Act, 1858 was passed after the Revolt of 1857 and marked the end of the East India Company’s rule, bringing India under direct British Crown rule.

Government of India Act, 1858 : –

• End of East India Company Rule : The British abolished the East India Company, and its powers were transferred to the British Crown. This marked the beginning of direct British rule in India.
• Establishment of the Office of Secretary of State for India : A new office, Secretary of State for India, was created, who was a member of the British Cabinet. The Secretary of State was given full control over Indian administration. He was assisted by a 15-member Council of India, mostly former Company officials. Lord Stanley became the 1st Secretary of State for India.
• Governor-General of India Became Viceroy : The Governor-General of India was now called the Viceroy of India. Lord Canning became the first Viceroy of India in 1858. The Viceroy acted as the direct representative of the British Crown.
• System of Double government abolished : The British Parliament took full control over Indian administration. The Board of Control and Court of Directors of the East India Company were abolished.
• No Major Changes in Indian Governance : The existing administrative structure remained the same. The Act did not introduce any significant changes in Indian policies or governance.

Indian Councils Act, 1861 : The Indian Councils Act of 1861 was an important step in the constitutional development of British India. It introduced a representative system in Indian administration and decentralized legislative powers.

• Expansion of the Viceroy’s Council : The Viceroy’s Executive Council was expanded by adding Indians as non-official members for the first time. However, these Indian members were nominated, not elected. Lord Canning appointed three Indians: Maharaja of Patiala, Raja of Banaras, Sir Dinkar Rao (Diwan of Gwalior).
• Decentralization of Power : Legislative powers were restored to the provinces: Bombay, Madras, and Bengal were given the power to make their own laws. This was a shift from the earlier centralization under the Charter Act of 1833.
•  Recognition of Portfolio System : The portfolio system was introduced, where different departments (e.g., home, finance, defense) were handled by different council members. This system improved efficiency in administration.
• Emergency Powers for the Viceroy : The Viceroy was given the power to issue ordinances in case of emergency, without waiting for legislative approval.

Indian Councils Act, 1892 : It was an important step toward increasing Indian participation in governance. It slightly expanded legislative councils and introduced a limited form of representation.

• Expansion of Legislative Councils : The number of non-official members in central and provincial legislative councils was increased. However, the majority of members were still nominated, not elected.
• Introduction of Indirect Elections (“Nominations”) : Though direct elections were not introduced, an indirect method of selection was allowed. Certain bodies, such as municipalities, district boards, and chambers of commerce, were permitted to recommend members to the councils. This was the first step toward representative government in India.
• Increased Powers of Legislative Councils : Legislative councils were given the power to discuss: The annual budget, Certain public matters. Members could now ask questions to the executive on financial and administrative matters. However, they could not vote on the budget or challenge government policies.
• Continued British Control : The Viceroy and Governors retained absolute power over the councils. The British government could reject any recommendations made by the councils.

 Indian Councils Act, 1909 (Morley-Minto Reforms) : The Indian Councils Act of 1909, also known as the Morley-Minto Reforms, was a significant constitutional reform that introduced elected representation for Indians for the first time.

• Introduction of Elections for Legislative Councils : For the first time, Indians were allowed to elect representatives to the Central and Provincial Legislative Councils. However, elections were indirect and based on a limited franchise.
• Expansion of Legislative Councils : The size of Legislative Councils at both the central and provincial levels was increased: Despite expansion, the majority of members were still nominated or appointed by the British government.
• Separate Electorates for Muslims : Muslims were given separate electorates, meaning only Muslims could vote for Muslim candidates. This was introduced to satisfy the demands of the Muslim League, which feared Hindu domination. This was a divide-andrule policy, deepening communal divisions in Indian politics.
•  Increased Role of Indian Members : Indians were appointed to the Viceroy’s Executive Council for the first time. Satyendra Prasad Sinha became the first Indian to be appointed as Law Member in the Viceroy’s Executive Council.
• Limited Legislative Powers : Indian members could now discuss and ask questions on the budget and government policies. However, they had no power to vote on the budget or make laws.

Government of India Act, 1919 (Montagu-Chelmsford Reforms) : The Government of India Act,

1919, also known as the Montagu-Chelmsford Reforms, aimed to gradually increase Indian participation in governance. It introduced diarchy in provinces and expanded legislative councils

but retained British control over key matters.

• Introduction of Diarchy in Provinces : Diarchy (dual government) was introduced at the provincial level.
• Provincial subjects were divided into two categories:

▪ Reserved Subjects (controlled by the British Governor and his executive council) Law and Order, Finance, Police, Irrigation

▪ Transferred Subjects (handled by Indian ministers responsible to the legislative council) Education, Public Health, Agriculture, Local Self-Government However, Governors had overriding power, limiting the authority of Indian ministers.

• Expanded Separate Electorates : The system of separate electorates for Muslims, introduced in 1909, was extended to: Sikhs, Indian Christians, Anglo-Indians, Europeans. This further divided Indian society along communal lines.
• Expansion of Legislative Councils : Central Legislative Council was renamed as the Indian Legislature, consisting of:

▪ Council of State (Upper House) – 60 members (33 elected)

▪ Legislative Assembly (Lower House) – 140 members (105 elected)

▪ Provincial Legislative Councils were also expanded, with more elected members.

• Increased Indian Representation in Governance : Indians were included in policymaking, with some ministers from Indian political parties. However, British officials still controlled major policies.
• Extension of Franchise (Voting Rights) : Limited voting rights were introduced based on property, tax payment, and education qualifications. Only a small percentage of Indians (around 10% of the population) could vote.

Government of India Act, 1935

• The Government of India Act, 1935 was the largest and most comprehensive constitutional reform introduced by the British in India. It aimed to provide greater autonomy to Indians but still retained British control over key aspects of governance.
• Establishment of an All-India Federation (Never Implemented) : The Act proposed an All India Federation, consisting of: Provinces of British India, Princely States (voluntary participation). Since many princely states refused to join, the federation was never implemented.
• Introduction of Provincial Autonomy : Diarchy was abolished at the provincial level. Provinces were now given full autonomy in subjects like education, health, agriculture, and local government. Ministers in provinces were responsible to the elected legislatures, marking a step toward self-governance.
• Continuation of Separate Electorates : Separate electorates were expanded for Muslims, Sikhs, Indian Christians, Anglo-Indians, and Europeans. This further deepened communal divisions, which later contributed to partition.
•  Introduction of Diarchy at the Centre : While diarchy was removed from provinces, it was introduced at the central level: Reserved Subjects (controlled by the Governor-General) : Defense, Foreign Affairs, etc . Transferred Subjects (controlled by elected Indian ministers) : Commerce, Health, Education, etc However, since the All-India Federation never materialized, this central diarchy was also never implemented.
• Bicameral Legislature at the Centre : The Central Legislature was to have two houses: Council of State (Upper House) – 260 members (156 elected, 104 nominated) Federal Assembly (Lower House) – 375 members (250 elected, 125 nominated)
• Creation of Federal Court : A Federal Court was established in Delhi in 1937 to resolve disputes between provinces and the central government. This later evolved into the Supreme Court of India in 1950.
• Establishment of the Reserve Bank of India (RBI) : The Act provided for the creation of the Reserve Bank of India (RBI), which was set up in 1935 to regulate currency and banking in India.

Note :-

• Later years this provisions (Federal list, Provincial list, concurrent list) become 7th schedule of Indian Constitution.

Federal list – Union list

Provincial list – State list

Concurrent list – Concurrent list

Residual powers – Parliament of India

Federation

• Division of powers between the Central (Federal, Union) level & provincial level.
• To resolve the Federal disputes which might arrise a federal court was established.

Indian Independence Act, 1947

• The Indian Independence Act, 1947 was the final legal framework for India’s freedom from British rule. It was passed by the British Parliament on July 18, 1947, and came into effect on August 15, 1947. It marked the end of British rule and led to the partition of India and Pakistan.
• Creation of Two Independent Dominions : India was divided into two independent dominions: India and Pakistan. Pakistan was further divided into West Pakistan (present-day Pakistan) and East Pakistan (now Bangladesh).
• End of British Rule in India : The British ceased to have control over India after August 15, 1947. The title of “Emperor of India” for the British monarch was abolished.
• Sovereignty of the New Nations : Both India and Pakistan were granted full sovereignty, meaning they could frame their own laws and govern without British interference.
• Governor-General as Head of Each Dominion : Each dominion would have a GovernorGeneral, appointed by the British King, but acting on the advice of the local government. Lord Mountbatten became the first Governor-General of independent India. Muhammad Ali Jinnah became the first Governor-General of Pakistan.
• Division of Assets : India and Pakistan divided military, financial, and administrative assets: Rs. 750 crore was divided between them (India got Rs. 550 crore, and Pakistan got Rs. 200 crore). British Indian Army, Navy, and Civil Services were split between the two nations.
• Lapse of British Treaties with Princely States : The 560+ princely states were no longer under British rule. They had the option to join either India or Pakistan or remain independent. Sardar Patel later led efforts to integrate princely states into India.
• Right to Draft a New Constitution : Both India and Pakistan were given the right to frame their own constitutions. The Constituent Assembly of India, which had already started work in 1946, continued drafting the Indian Constitution, which was adopted in 1950.
• End of the British Viceroy’s Role : The position of Viceroy of India was abolished. Instead, the Governor-General became the constitutional head of state until India and Pakistan became full republics.