Ideas: laxmikanth

Chapter 1: Historical Background

Big Picture: How British Rule Shaped the Indian Constitution
1. The British came to India as traders through the East India Company.
2. 1600: Queen Elizabeth I gave the East India Company a charter giving it the exclusive right to trade in India.
3. 1608: The Company came to India as a trading organisation.
4. 1765: After the Battle of Buxar (1764), Mughal Emperor Shah Alam granted the Company the Diwani rights of Bengal, Bihar and Orissa.
  1. Diwani = right to collect revenue and administer civil justice.
  2. This changed the Company from mainly a trading organisation into a territorial/political power.
5. 1857: Revolt against British rule.
6. 1858: British Crown ended East India Company rule and took direct control of India.
7. 15 August 1947: British rule ended and India became independent.
8. 1946: Constituent Assembly was formed to frame India's Constitution.
9. 26 January 1950: Constitution of India came into force.
Two Broad Phases of British Constitutional Development
1. Company Rule: 1773–1858
  1. Regulating Act, 1773
  2. Amending Act, 1781
  3. Pitt's India Act, 1784
  4. Act of 1786
  5. Charter Act, 1793
  6. Charter Act, 1813
  7. Charter Act, 1833
  8. Charter Act, 1853
2. Crown Rule: 1858–1947
  1. Government of India Act, 1858
  2. Indian Councils Act, 1861
  3. Indian Councils Act, 1892
  4. Indian Councils Act, 1909
  5. Government of India Act, 1919
  6. Simon Commission, 1927
  7. Communal Award, 1932
  8. Government of India Act, 1935
  9. Indian Independence Act, 1947

Part I: Company Rule (1773–1858)

1. Regulating Act of 1773

Why important?
1. First major attempt by the British Parliament to control and regulate the East India Company.
2. For the first time, the British Government recognised the Company's political and administrative functions.
3. It laid the foundation of central administration in India.
Major Provisions
1. The Governor of Bengal became the Governor-General of Bengal.
2. A 4-member Executive Council was created to assist him.
3. Warren Hastings became the first Governor-General of Bengal.
4. The Governors of Bombay and Madras were made subordinate to the Governor-General of Bengal.
5. A Supreme Court at Calcutta was established in 1774.
  1. 1 Chief Justice
  2. 3 other judges
6. Company servants were prohibited from:
  1. Private trade
  2. Accepting presents
  3. Accepting bribes from Indians
7. The Company's Court of Directors had to report to the British Government on:
  1. Revenue affairs
  2. Civil affairs
  3. Military affairs
Remember: 1773 = Control + Governor-General + Supreme Court + Centralisation

2. Amending Act of 1781

Purpose: Corrected defects created by the Regulating Act of 1773.
Also called the Act of Settlement.
Major Provisions
1. Governor-General and his Council were protected from Supreme Court jurisdiction for acts done in their official capacity.
2. Company servants received similar protection for official acts.
3. Revenue matters were excluded from Supreme Court jurisdiction.
4. Supreme Court was given jurisdiction over all inhabitants of Calcutta.
5. Personal laws were to be applied:
  1. Hindus → Hindu law
  2. Muslims → Mohammedan law
6. Appeals from Provincial Courts were to go to the Governor-General-in-Council, not the Supreme Court.
7. Governor-General-in-Council could frame regulations for Provincial Courts and Councils.
Core idea: 1781 = Fix the conflict between Supreme Court and Company administration.

3. Pitt's India Act of 1784

Major Change: Separated the Company's commercial and political functions.
Two bodies
1. Court of Directors → handled commercial affairs.
2. Board of Control → handled political affairs.
This created the system of Double Government.
Board of Control could supervise and direct:
1. Civil government
2. Military government
3. Revenue administration
The Company's Indian territories were officially described as British possessions in India.
The British Government obtained supreme control over Company's Indian administration.
Memory: Pitt 1784 = Political control moves towards British Government; trade remains with Company.

4. Act of 1786

Passed mainly to satisfy the conditions demanded by Lord Cornwallis before becoming Governor-General.
Two important powers were given:
1. Governor-General could override his Council in special cases.
2. Governor-General could also serve as Commander-in-Chief.
Memory: 1786 = Cornwallis gets Override + Commander-in-Chief.

5. Charter Act of 1793

Extended the overriding power of the Governor-General over his Council to future Governor-Generals and Presidency Governors.
Strengthened Governor-General's control over Bombay and Madras.
Extended the Company's trade monopoly for another 20 years.
Commander-in-Chief would not automatically be a member of Governor-General's Council unless appointed to it.
Expenses of the Board of Control and its staff were to be paid from Indian revenues.
Memory: 1793 = More Governor-General power + 20-year Company monopoly.

6. Charter Act of 1813

Company's trade monopoly was largely abolished.
1. British merchants could trade with India.
2. Company retained monopoly over:
  1. Tea trade
  2. Trade with China
British Crown's sovereignty over Company's Indian territories was asserted.
Christian missionaries were allowed to come to India.
Government supported the spread of Western education.
Local governments received power to:
1. Impose taxes
2. Punish persons for non-payment of taxes
Memory: 1813 = Trade opened + Missionaries + Western education.

7. Charter Act of 1833

Most important theme: Centralisation.
Governor-General of Bengal became the Governor-General of India.
He received overall civil and military powers over British India.
Lord William Bentinck became the first Governor-General of India.
Governors of Bombay and Madras lost their legislative powers.
Governor-General of India received exclusive legislative power for British India.
Terminology changed:
1. Earlier laws → Regulations
2. Laws under 1833 Act → Acts
East India Company stopped being a commercial organisation.
1. It became purely an administrative body.
2. Its Indian territories were held in trust for the British Crown.
Attempted to introduce open competition for civil services.
It stated that Indians should not be excluded from government employment, but this provision was effectively blocked by opposition from the Court of Directors.
Memory: 1833 = One India administration + Governor-General of India + Company loses trade.

8. Charter Act of 1853

Last Charter Act.
Considered a major constitutional landmark.
Separated legislative and executive functions of the Governor-General's Council for the first time.
Added 6 legislative councillors and created a separate legislative wing known as the Indian/Central Legislative Council.
The legislative council functioned like a mini-Parliament.
Open competition was introduced for civil service recruitment.
1. Covenanted Civil Service was opened to Indians.
2. Macaulay Committee was appointed in 1854.
Company's rule was extended without specifying another fixed period.
1. This indicated that Parliament could end Company rule at any time.
Introduced local representation in the Central Legislative Council.
1. 4 of the 6 new legislative members were appointed by provincial governments of:
  1. Madras
  2. Bombay
  3. Bengal
  4. Agra
Memory: 1853 = Legislature separated + Civil service competition + Local representation.

Part II: Crown Rule (1858–1947)

9. Government of India Act of 1858

Trigger: Revolt of 1857.
Big change: East India Company was abolished and India came directly under the British Crown.
Governor-General of India was given the title Viceroy of India.
Lord Canning became the first Viceroy.
India was governed in the name of the British Crown.
The Board of Control and Court of Directors were abolished.
The system of Double Government ended.
A new post of Secretary of State for India was created.
1. He was a member of the British Cabinet.
2. He had complete authority over Indian administration.
3. He was ultimately responsible to the British Parliament.
A 15-member Council of India was created to assist the Secretary of State.
The Secretary of State was the Chairman of this Council.
Secretary of State-in-Council was made a body corporate, capable of suing and being sued in India and England.
Important distinction: The Act mainly changed who controlled India, not the basic administrative system inside India.
Memory: 1858 = Company OUT → Crown IN → Viceroy + Secretary of State.

10. Indian Councils Act of 1861

Main theme: British Government started associating Indians with administration after the Revolt of 1857.
Indians were nominated as non-official members of the Viceroy's legislative council.
In 1862, Lord Canning nominated:
1. Raja of Benaras
2. Maharaja of Patiala
3. Sir Dinkar Rao
Started the process of decentralisation.
Legislative powers were restored to Bombay and Madras.
This reversed the centralising trend that had begun in 1773 and reached its peak in 1833.
New legislative councils were established for:
1. Bengal → 1862
2. North-Western Provinces → 1886
3. Punjab → 1897
Recognised the Portfolio System introduced by Lord Canning in 1859.
1. A council member was placed in charge of one or more departments.
2. He could issue final orders for his department on behalf of the Council.
Viceroy received power to issue ordinances during emergencies without legislative council approval.
Such an ordinance could remain in force for 6 months.
Memory: 1861 = Indians associated + Provinces get powers back + Portfolio system + Ordinance.

11. Indian Councils Act of 1892

Increased the number of additional/non-official members in Central and Provincial Legislative Councils.
However, official majority remained.
Legislative councils received greater functions.
Members could:
1. Discuss the budget.
2. Ask questions to the executive.
Introduced a limited and indirect form of election, although the Act did not use the word "election".
Non-official members were technically nominated on the recommendation of certain bodies.
Recommendations could come from:
1. Provincial legislative councils
2. Bengal Chamber of Commerce
3. District boards
4. Municipalities
5. Universities
6. Trade associations
7. Zamindars
8. Chambers of Commerce
Memory: 1892 = More members + Budget discussion + Questions + Indirect election.

12. Indian Councils Act of 1909

Also called the Morley-Minto Reforms.
1. Lord Morley → Secretary of State for India
2. Lord Minto → Viceroy
Legislative councils were considerably enlarged.
Central Legislative Council membership increased from 16 to 60.
Central council retained official majority.
Provincial councils could have a non-official majority.
Members received greater deliberative powers.
1. Ask supplementary questions.
2. Move resolutions on budget.
For the first time, Indians were associated with the Executive Councils of the Viceroy and Governors.
Satyendra Prasad Sinha became the first Indian member of the Viceroy's Executive Council.
He was appointed as the Law Member.
Introduced separate electorates for Muslims.
1. Muslim representatives were elected by Muslim voters.
2. This institutionalised communal representation.
3. Lord Minto became associated with the title "Father of Communal Electorate".
Separate representation was also provided to:
1. Presidency corporations
2. Chambers of Commerce
3. Universities
4. Zamindars
Memory: 1909 = Morley-Minto + 60 + Indians in Executive + Muslim Separate Electorate.

13. Government of India Act of 1919

Also called the Montagu-Chelmsford Reforms.
1. Edwin Montagu → Secretary of State for India
2. Lord Chelmsford → Viceroy
British Government declared in 1917 that its objective was the gradual introduction of responsible government in India.
The Act came into force in 1921.
Division of Subjects
1. Subjects were divided into:
  1. Central subjects
  2. Provincial subjects
2. This relaxed central control over provinces to some extent.
3. But the overall government structure remained largely centralised and unitary.
Dyarchy in Provinces
1. Provincial subjects were divided into:
  1. Transferred subjects
    1. Education
    2. Public health
    3. Local self-government
    4. Agriculture
  2. Reserved subjects
    1. Police
    2. Justice
    3. Prisons
    4. Land revenue
    5. Finance
2. Transferred subjects → Governor acted with ministers responsible to the legislative council.
3. Reserved subjects → Governor and executive council controlled them without responsibility to the legislative council.
4. This double system was called Dyarchy.
5. Dyarchy = double rule.
6. The experiment was largely unsuccessful.
Bicameralism and Direct Elections
1. Introduced bicameralism at the Centre for the first time.
2. Two Houses:
  1. Council of State → Upper House
  2. Legislative Assembly → Lower House
3. Majority of members were chosen through direct election.
Other Important Provisions
1. Three of the six ordinary members of the Viceroy's Executive Council had to be Indians.
2. Separate electorates were extended to:
  1. Sikhs
  2. Indian Christians
  3. Anglo-Indians
  4. Europeans
3. Voting rights were given to a limited section of people based on property, tax and other qualifications.
4. Created the post of High Commissioner for India in London.
5. Provided for a Public Service Commission.
  1. Central Public Service Commission was established in 1926.
6. Separated provincial budgets from the Central budget.
7. Provincial legislatures could enact their own budgets.
8. Provided for a statutory commission to review the Act after 10 years.
9. Proposed a Chamber of Princes, also called Narendra Mandal.
  1. Inaugurated in 1921.
  2. 120 members:
    1. Princes of 108 states
    2. 12 representatives of other states
  3. Headed by the Viceroy.
Memory: 1919 = Provincial Dyarchy + Central Bicameralism + Direct Election + Public Service Commission.

14. Simon Commission, 1927

British Government appointed a 7-member statutory commission in November 1927.
Chairman → Sir John Simon.
Purpose → Review the working of India's constitutional system and make recommendations.
All members were British.
Because there were no Indian members, Indian political parties boycotted the Commission.
Report submitted in 1930.
Major recommendations included:
1. Abolition of Dyarchy in provinces.
2. Extension of responsible government in provinces.
3. Creation of a federation of British India and princely states.
4. Continuation of communal electorates.
Its recommendations were discussed through three Round Table Conferences.
Representatives included:
1. British Government
2. British India
3. Indian princely states
Discussions led to a White Paper on Constitutional Reforms.
Recommendations ultimately contributed to the Government of India Act, 1935.
Memory: 1927 Simon → 7 British members → Boycott → 1930 Report → 1935 Act.

15. Communal Award, 1932

Announced in August 1932 by British Prime Minister Ramsay MacDonald.
It dealt with representation of minorities.
Separate electorates already available to several communities were continued.
It extended separate electorates to the Depressed Classes (Scheduled Castes).
Gandhiji opposed separate electorates for the Depressed Classes and undertook a fast unto death in Yerawada Jail, Poona.
An agreement was reached between Congress and Dr B.R. Ambedkar.
The agreement was called the Poona Pact.
Poona Pact:
1. Rejected separate electorates for the Depressed Classes.
2. Retained a joint Hindu electorate.
3. Provided reserved seats for the Depressed Classes.
British Government accepted the Poona Pact and modified the Communal Award accordingly.
Its provisions were incorporated into the Government of India Act, 1935.
Memory: 1932 = Communal Award → Separate electorate for Depressed Classes → Gandhi's fast → Poona Pact → Joint electorate + Reserved seats.

16. Government of India Act of 1935

Importance: Major constitutional milestone and the second major step towards responsible government.
It was extremely detailed:
1. 321 Sections
2. 10 Schedules
All-India Federation
1. Proposed federation consisting of:
  1. British Indian provinces
  2. Princely states
2. Federation never came into existence because princely states did not join.
Three Legislative Lists
1. Federal List → 59 subjects
2. Provincial List → 54 subjects
3. Concurrent List → 36 subjects
4. Residuary powers → Viceroy/Governor-General
Provincial Autonomy
1. Abolished Dyarchy in provinces.
2. Introduced Provincial Autonomy.
3. Provinces became autonomous in their assigned areas.
4. Responsible government was introduced in provinces.
5. Governor generally acted with the advice of ministers responsible to the provincial legislature.
6. Provincial autonomy began in 1937.
7. It was discontinued in 1939.
Dyarchy at Centre
1. Dyarchy was proposed at the Centre.
2. Federal subjects were divided into reserved and transferred subjects.
3. This provision never came into operation.
Bicameralism in Provinces
1. Introduced bicameral legislatures in 6 of 11 provinces:
  1. Bengal
  2. Bombay
  3. Madras
  4. Bihar
  5. Assam
  6. United Provinces
2. Each had:
  1. Legislative Council → Upper House
  2. Legislative Assembly → Lower House
Representation
1. Reserved seats for Scheduled Castes.
2. Special representation extended to:
  1. Women
  2. Labour/workers
Other Major Provisions
1. Abolished the Council of India created under the 1858 Act.
2. Secretary of State for India was assisted by advisers.
3. Extended franchise to about 14% of India's population.
4. Provided for establishment of the Reserve Bank of India.
5. Provided for:
  1. Federal Public Service Commission
  2. Provincial Public Service Commissions
  3. Joint Public Service Commission for two or more provinces
6. Provided for a Federal Court, established in 1937.
7. Separated Burma from India.
8. Created two new provinces:
  1. Orissa
  2. Sind
9. Provided safeguards for minorities.
10. Provided for a Federal Railway Authority.
11. Provided for an Auditor-General of India.
High-yield memory: 1935 = Federation + 3 Lists + Provincial Autonomy + Provincial Bicameralism + RBI + PSCs + Federal Court + Burma separated + New Provinces.

17. Indian Independence Act of 1947

20 February 1947: British Prime Minister Clement Attlee announced that British rule would end by 30 June 1948.
Muslim League demanded partition.
3 June 1947: Lord Mountbatten announced the Mountbatten Plan.
Congress and Muslim League accepted the plan.
4 July 1947: Indian Independence Bill introduced in British Parliament.
18 July 1947: Bill received Royal Assent.
15 August 1947: Act came into force and British rule ended.
Major Provisions
1. Ended British rule in India.
2. India became independent on 15 August 1947.
3. Created two independent dominions:
  1. India
  2. Pakistan
4. Both dominions had the right to secede from the British Commonwealth.
5. Abolished the office of Viceroy.
6. Each dominion received a Governor-General.
7. Governor-General was appointed by the British King on the advice of the dominion cabinet.
8. British Government no longer had responsibility for governing India or Pakistan.
9. Constituent Assemblies of both dominions could:
  1. Frame their own Constitutions.
  2. Adopt their Constitutions.
  3. Repeal Acts of the British Parliament, including the Independence Act itself.
10. Until new Constitutions were ready, the Constituent Assemblies could legislate for their respective territories.
11. British Parliament could no longer automatically make laws applicable to the dominions.
12. Abolished the post of Secretary of State for India.
13. His functions were transferred to the Secretary of State for Commonwealth Affairs.
14. British paramountcy over princely states ended.
15. Princely states could choose:
  1. Join India
  2. Join Pakistan
  3. Remain independent
16. Until new Constitutions were framed, governance continued under the Government of India Act, 1935, with modifications.
17. British Monarch lost the right to:
  1. Veto bills
  2. Reserve bills for approval
18. These powers were available to the Governor-General.
19. Governor-General and provincial Governors became constitutional/nominal heads and were to act on the advice of their councils of ministers.
20. Title "Emperor of India" was removed from the British King's royal titles.
21. Secretary of State for India stopped making new civil-service appointments and reservations.
22. Civil servants appointed before 15 August 1947 retained their existing benefits.
Transfer of Power
1. At midnight of 14–15 August 1947, British rule ended.
2. Lord Mountbatten became the first Governor-General of independent India.
3. Jawaharlal Nehru became the first Prime Minister.
4. The Constituent Assembly formed in 1946 also functioned as the Parliament of the Indian Dominion.
Memory: 1947 = Independence + Partition + Two Dominions + Princely States freed from Paramountcy + Constituent Assemblies sovereign.

Important Personalities and Firsts

Warren Hastings → First Governor-General of Bengal.
Lord Cornwallis → Governor-General associated with the 1786 Act; received power to override Council and also became Commander-in-Chief.
Lord William Bentinck → First Governor-General of India under Charter Act, 1833.
Lord Canning → First Viceroy of India after the 1858 Act.
Satyendra Prasad Sinha → First Indian member of the Viceroy's Executive Council; Law Member under 1909 reforms.
Sir John Simon → Chairman of Simon Commission.
Ramsay MacDonald → Announced Communal Award, 1932.
Dr B.R. Ambedkar → Leader of Depressed Classes associated with Poona Pact negotiations.
Clement Attlee → British Prime Minister who announced the end of British rule.
Lord Mountbatten → Last Viceroy and first Governor-General of independent India.
Jawaharlal Nehru → First Prime Minister of independent India.

Most Important Chronology

1600 → East India Company receives charter.
1608 → Company comes to India as traders.
1764 → Battle of Buxar.
1765 → Company receives Diwani of Bengal, Bihar and Orissa.
1773 → Regulating Act.
1781 → Amending Act.
1784 → Pitt's India Act.
1786 → Cornwallis Act.
1793 → Charter Act.
1813 → Charter Act.
1833 → Charter Act; centralisation.
1853 → Charter Act; legislative-executive separation and civil-service competition.
1857 → Revolt.
1858 → Crown rule begins.
1861 → Indian Councils Act; association + decentralisation.
1892 → Councils expanded; budget discussion + indirect election.
1909 → Morley-Minto; Muslim separate electorate.
1917 → British declaration of gradual responsible government.
1919 → Montagu-Chelmsford Act.
1921 → 1919 Act comes into force; Chamber of Princes inaugurated.
1926 → Central Public Service Commission established.
1927 → Simon Commission appointed.
1930 → Simon Commission report.
1932 → Communal Award + Poona Pact.
1935 → Government of India Act.
1937 → Provincial autonomy begins; Federal Court established.
1939 → Provincial autonomy discontinued.
1947 → Indian Independence Act; India becomes independent.
1950 → Constitution comes into force.

One-Line Evolution: Remember the Whole Chapter

1773 → British Parliament starts controlling Company.
1784 → British Government gets stronger political control.
1813 → Company's trade monopoly largely ends.
1833 → India becomes highly centralised under Governor-General of India.
1853 → Legislative and executive functions separated; civil-service competition.
1858 → Company disappears; Crown takes direct control.
1861 → Indians associated with law-making; provinces regain powers.
1892 → Councils expand; budget and questions enter.
1909 → Separate electorate for Muslims.
1919 → Dyarchy in provinces + bicameralism at Centre.
1935 → Provincial autonomy + three lists + proposed federation.
1947 → British rule ends; India becomes independent.

Exam Memory Map

1773 → G-S
1. G = Governor-General of Bengal
2. S = Supreme Court at Calcutta
1784 → Double Government
1. Court of Directors → Commerce
2. Board of Control → Politics
1813 → Trade + Education + Missionaries
1833 → Centralisation + Governor-General of India + Company loses commercial role
1853 → Legislature separated + Civil Service competition
1858 → Company to Crown
1861 → Indian association + Decentralisation + Portfolio + Ordinance
1892 → Budget + Questions + Indirect election
1909 → Separate Muslim Electorate
1919 → Dyarchy + Bicameralism + Direct election
1932 → Communal Award → Poona Pact
1935 → Provincial Autonomy + 3 Lists + RBI + Federal Court
1947 → Independence + Partition + Constituent Assemblies

Highest-Yield Facts to Memorise

1765 → Diwani of Bengal, Bihar and Orissa.
1773 → First parliamentary control over Company affairs.
1774 → Supreme Court at Calcutta.
1784 → Board of Control + Double Government.
1833 → First Governor-General of India: Lord William Bentinck.
1853 → Open competition for civil services; Macaulay Committee in 1854.
1858 → First Viceroy: Lord Canning.
1862 → Canning nominated three Indians to legislative council.
1909 → First separate electorate for Muslims.
1919 → Dyarchy in provinces; bicameralism at Centre.
1926 → Central Public Service Commission.
1927 → Simon Commission.
1932 → Communal Award.
1932 → Poona Pact.
1935 → 321 Sections + 10 Schedules.
1935 → Federal List 59, Provincial List 54, Concurrent List 36.
1935 → Provincial autonomy; effective from 1937.
1937 → Federal Court established.
1937 → Provincial autonomy begins.
1939 → Provincial autonomy discontinued.
1947 → Indian Independence Act.
15 August 1947 → Independence.
26 January 1950 → Constitution comes into force.