Constitutional Development 1773–1947: Notes for UPSC, SSC & Railway Exams

Why this history matters

Much of the Constitution of India was not invented in 1946–49. The federal scheme, the office of Governor, public service commissions, emergency powers and even the three legislative lists grew out of Acts passed by the British Parliament between 1773 and 1947. UPSC asks directly which Act introduced which feature, so the trick is to tie each Act to two or three "firsts".

The period splits into two phases. From 1773 to 1858 the East India Company ruled, and Parliament regulated it through the Regulating Act and a series of Charter Acts. From 1858 to 1947 the Crown ruled directly, and the Acts slowly brought Indians into legislatures and government.

Company rule (1773–1858)

Crown rule (1858–1919)

• Government of India Act, 1858 (after the revolt of 1857): power passed from the Company to the Crown. The Governor-General was also designated Viceroy. Board of Control and Court of Directors were abolished, ending double government. A new Secretary of State for India, a member of the British cabinet, got a 15-member Council of India.
• Indian Councils Act, 1861: Indians were nominated to the Viceroy's legislative council as non-official members. Legislative powers were restored to Bombay and Madras, starting decentralisation. Lord Canning's portfolio system got statutory recognition, and the Viceroy could issue ordinances in an emergency.
• Indian Councils Act, 1892: introduced an indirect, limited form of election (members nominated on the recommendation of bodies such as universities and municipalities). Councils could discuss the budget and ask questions of the executive.
• Indian Councils Act, 1909 (Morley–Minto Reforms): enlarged the Central Legislative Council from 16 to 60 members. Introduced a separate electorate for Muslims, which is why Lord Minto is called the father of communal electorate. Satyendra Prasad Sinha became the first Indian on the Viceroy's executive council (as law member).

Government of India Act, 1919 (Montagu–Chelmsford Reforms)

• Dyarchy in the provinces: provincial subjects were split into "transferred" subjects (run by ministers responsible to the legislature) and "reserved" subjects (run by the Governor and his executive council).
• Bicameralism and direct elections at the Centre: a Legislative Assembly and a Council of State.
• Communal representation extended to Sikhs, Indian Christians, Anglo-Indians and Europeans.
• Central and provincial budgets separated; a High Commissioner for India appointed in London.
• Provided for a public service commission: the Central Public Service Commission was set up in 1926.
• Required a statutory commission after ten years, which became the Simon Commission (appointed 1927, all seven members British).

Government of India Act, 1935

The longest of these Acts (321 sections and 10 schedules) and the biggest single source of the present Constitution's structure. It proposed an All-India Federation of provinces and princely states, but the federation never came into being because the princely states did not join.

• Three lists: Federal, Provincial and Concurrent. Residuary powers went to the Governor-General.
• Abolished dyarchy in the provinces and introduced provincial autonomy; proposed dyarchy at the Centre, which never came into force.
• Bicameral legislatures in six of the eleven provinces (including Bengal, Bombay, Madras, Bihar, Assam and the United Provinces).
• Federal Court set up in 1937; it was replaced by the Supreme Court in 1950.
• Provided for a Federal Public Service Commission, provincial commissions and joint commissions; provided for the Reserve Bank of India.
• Extended separate electorates to depressed classes, women and labour; separated Burma from India.

Road to 1947

The August Offer (1940) first accepted that Indians would frame their own constitution. The Cripps Mission (1942) offered dominion status after the war. The Cabinet Mission (1946) laid down how the Constituent Assembly would be formed. The Mountbatten Plan of 3 June 1947 accepted partition and led straight to the Indian Independence Act.

Indian Independence Act, 1947

• Ended British rule from 15 August 1947 and created two independent dominions, India and Pakistan, each free to leave the Commonwealth.
• Abolished the office of Viceroy; each dominion got a Governor-General appointed by the British King on the advice of the dominion cabinet.
• Empowered each Constituent Assembly to frame its constitution and to act as the dominion's legislature.
• Abolished the office of Secretary of State for India.
• British paramountcy over princely states lapsed; they could join either dominion or remain independent. It was not handed over to India.
• Lord Mountbatten became the first Governor-General of free India; C. Rajagopalachari was the first and last Indian to hold the post.