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Company; and (c) it laid the foundations of central administration
|
in India.
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The features of this Act were as follows:
|
1. It designated the Governor of Bengal as the ‘Governor-
|
General of Bengal’ and created an Executive Council of four
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members to assist him. The first such GovernorGeneral was
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Lord Warren Hastings.
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2. It made the governors of Bombay and Madras presidencies
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subordinate to the governor-general of Bengal, unlike earlier,
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when the three presidencies were independent of one
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another.
|
3. It provided for the establishment of a Supreme Court at
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Calcutta (1774) comprising one chief justice and three other
|
judges.
|
4. It prohibited the servants of the Company from engaging in
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any private trade or accepting presents or bribes from the
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‘natives’.
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5. It strengthened the control of the British Government over
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the Company by requiring the Court of Directors (governing
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body of the Company) to report on its revenue, civil, and
|
military affairs in India.
|
Amending Act of 1781
|
In a bid to rectify the defects of the Regulating Act of 1773, the
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British Parliament passed the Amending Act of 1781, also known
|
1. It exempted the Governor-General and the Council from the
|
jurisdiction of the Supreme Court for the acts done by them
|
in their official capacity. Similarly, it also exempted the
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servants of the company from the jurisdiction of the
|
Supreme Court for their official actions.
|
2. It excluded the revenue matters and the matters arising in
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the collection of revenue from the jurisdiction of the Supreme
|
Court.
|
3. It provided that the Supreme Court was to have jurisdiction
|
over all the inhabitants of Culcutta. It also required the court
|
to administer the personal law of the defendants i.e., Hindus
|
were to be tried according to the Hindu law and Muslims
|
were to be tried according to the Mohammedan law.
|
4. It laid down that the appeals from the Provincial Courts
|
could be taken to the Governor-General-in-Council and not
|
to the Supreme Court.
|
5. It empowered the Governor-General-inCouncil to frame
|
regulations for the Provincial Courts and Councils.
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Pitt’s India Act of 1784
|
The next important act was the Pitt’s India Act2 of 1784.
|
The features of this Act were as follows:
|
1. It distinguished between the commercial and political
|
functions of the Company.
|
2. It allowed the Court of Directors to manage the commercial
|
affairs, but created a new body called Board of Control to
|
manage the political affairs. Thus, it established a system of
|
double government.
|
3. It empowered the Board of Control to supervise and direct
|
all operations of the civil and military government or
|
revenues of the British possessions in India.
|
Thus, the act was significant for two reasons: first, the
|
Company’s territories in India were for the first time called the
|
‘British possessions in India’; and second, the British Government
|
Act of 1786
|
In 1786, Lord Cornwallis was appointed as the Governor-General
|
of Bengal. He placed two demands to accept that post, viz.,
|
1. He should be given power to override the decision of his
|
council in special cases.
|
2. He would also be the Commander-in-Chief.
|
Accordingly, the Act of 1786 was enacted to make both the
|
provisions.
|
Charter Act of 1793
|
The features of this Act were as follows:
|
1. It extended the overriding power given to Lord Cornwallis
|
over his council, to all future Governor-Generals and
|
Governors of Presidencies.
|
2. It gave the Governor-General more powers and control over
|
the governments of the subordinate Presidencies of Bombay
|
and Madras.
|
3. It extended the trade monopoly of the Company in India for
|
another period of twenty years.
|
4. It provided that the Commander-in-Chief was not to be a
|
member of the Governor-General’s council, unless he was
|
so appointed.
|
5. It laid down that the members of the Board of Control and
|
their staff were, henceforth, to be paid out of the Indian
|
revenues.
|
Charter Act of 1813
|
The features of this Act were as follows:
|
1. It abolished the trade monopoly of the company in India i.e.,
|
the Indian trade was thrown open to all British merchants.
|
However, it continued the monopoly of the company over
|
trade in tea and trade with China.
|
2. It asserted the sovereignty of the British Crown over the
|
Company’s territories in India.
|
3. It allowed the Christian missionaries to come to India for the
|
4. It provided for the spread of western education among the
|
inhabitants of the British territories in India.
|
5. It authorised the Local Governments in India to impose
|
taxes on persons. They could also punish the persons for
|
not paying taxes.
|
Charter Act of 1833
|
This Act was the final step towards centralisation in British India.
|
The features of this Act were as follows:
|
1. It made the Governor-General of Bengal as the Governor-
|
General of India and vested in him all civil and military
|
powers. Thus, the act created, for the first time, Government
|
of India having authority over the entire territorial area
|
possessed by the British in India. Lord William Bentick was
|
the first Governor-General of India.
|
2. It deprived the Governor of Bombay and Madras of their
|
legislative powers. The Governor-General of India was given
|
exclusive legislative powers for the entire British India. The
|
laws made under the previous acts were called as
|
Regulations, while laws made under this act were called as
|
Acts.
|
3. It ended the activities of the East India Company as a
|
commercial body, which became a purely administrative
|
body. It provided that the Company’s territories in India were
|
held by it ‘in trust for His Majesty, His heirs and successors’.
|
4. The Charter Act of 1833 attempted to introduce a system of
|
open competition for selection of civil servants and stated
|
that the Indians should not be debarred from holding any
|
place, office and employment under the Company. However,
|
this provision was negated after opposition from the Court of
|
Directors.
|
Charter Act of 1853
|
This was the last of the series of Charter Acts passed by the
|
British Parliament between 1793 and 1853. It was a significant
|
The features of this Act were as follows:
|
1. It separated, for the first time, the legislative and executive
|
functions of the Governor-General’s council. It provided for
|
addition of six new members called legislative councillors to
|
the council. In other words, it established a separate
|
Governor-General’s legislative council which came to be
|
known as the Indian (Central) Legislative Council. This
|
legislative wing of the council functioned as a mini-
|
Parliament, adopting the same procedures as the British
|
Parliament. Thus, legislation, for the first time, was treated
|
as a special function of the government, requiring special
|
machinery and special process.
|
2. It introduced an open competition system of selection and
|
recruitment of civil servants. The covenanted civil service3
|
was, thus, thrown open to the Indians also. Accordingly, the
|
Macaulay Committee (the Committee on the Indian Civil
|
Service) was appointed in 1854.
|
3. It extended the Company’s rule and allowed it to retain the
|
possession of Indian territories on trust for the British Crown.
|
But, it did not specify any particular period, unlike the
|
previous Charters. This was a clear indication that the
|
Company’s rule could be terminated at any time the
|
Parliament liked.
|
4. It introduced, for the first time, local representation in the
|
Indian (Central) Legislative Council. Of the six new
|
legislative members of the GovernorGeneral’s council, four
|
members were appointed by the local (provincial)
|
THE CROWN RULE (1858–1947)
|
Government of India Act of 1858
|
This significant Act was enacted in the wake of the Revolt of
|
1857–also known as the First War of Independence or the ‘sepoy
|
mutiny’. The act known as the Act for the Good Government of
|
India, abolished the East India Company, and transferred the
|
powers of Government, territories and revenues to the British
|
Crown.
|
The features of this Act were as follows:
|
1. It provided that India, henceforth, was to be governed by,
|
and in the name of, Her Majesty. It changed the designation
|
of the Governor-General of India to that of Viceroy of India.
|
He (Viceroy) was the direct representative of the British
|
Crown in India. Lord Canning, thus, became the first Viceroy
|
of India.
|
2. It ended the system of double Government by abolishing the
|
Board of Control and Court of Directors.
|
3. It created a new office, Secretary of State for India, vested
|
with complete authority and control over Indian
|
administration. The secretary of state was a member of the
|
British Cabinet and was responsible ultimately to the British
|
Parliament.
|
4. It established a 15-member council of India to assist the
|
Secretary of State for India. The council was an advisory
|
body. The secretary of state was made the Chairman of the
|
council.
|
5. It constituted the Secretary of State-inCouncil as a body
|
corporate, capable of suing and being sued in India and in
|
England.
|
‘The Act of 1858 was, however, largely confined to the
|
improvement of the administrative machinery by which the Indian
|
Government was to be supervised and controlled in England. It
|
did not alter in any substantial way the system of Government that
|
Indian Councils Act of 1861
|
After the great revolt of 1857, the British Government felt the
|
necessity of seeking the cooperation of the Indians in the
|
administration of their country. In pursuance of this policy of
|
association, three acts were enacted by the British Parliament in
|
1861, 1892 and 1909. The Indian Councils Act of 1861 is an
|
important landmark in the constitutional and political history of
|
India.
|
The features of this Act were as follows:
|
1. It made a beginning of the representative institutions by
|
associating Indians with the law-making process. It, thus,
|
provided that the Viceroy should nominate some Indians as
|
non-official members of his expanded council. In 1862, Lord
|
Canning, the then Viceroy, nominated three Indians to his
|
legislative council–the Raja of Benaras, the Maharaja of
|
Patiala and Sir Dinkar Rao.
|
2. It initiated the process of decentralisation by restoring the
|
legislative powers to the Bombay and Madras Presidencies.
|
It, thus, reversed the centralising tendency that started from
|
the Regulating Act of 1773 and reached its climax under the
|
Charter Act of 1833. This policy of legislative devolution
|
resulted in the grant of almost complete internal autonomy to
|
the provinces in 1937.
|
3. It also provided for the establishment of new legislative
|
councils for Bengal, North-Western Provinces and Punjab,
|
which were established in 1862, 1886 and 1897,
|
respectively.
|
4. It empowered the Viceroy to make rules and orders for the
|
more convenient transaction of business in the council. It
|
also gave a recognition to the ‘portfolio’ system, introduced
|
by Lord Canning in 1859. Under this, a member of the
|
Viceroy’s council was made in-charge of one or more
|
departments of the Government and was authorised to issue
|
final orders on behalf of the council on matters of his
|
department(s).
|
5. It empowered the Viceroy to issue ordinances, without the
|
The life of such an ordinance was six months.
|
Indian Councils Act of 1892
|
The features of this Act were as follows:
|
1. It increased the number of additional (non-official) members
|
in the Central and provincial legislative councils, but
|
maintained the official majority in them.
|
2. It increased the functions of legislative councils and gave
|
them the power of discussing the budget5 and addressing
|
questions to the executive.
|
3. It provided for the nomination of some non-official members
|
of the (a) Central Legislative Council by the viceroy on the
|
recommendation of the provincial legislative councils and the
|
Bengal Chamber of Commerce, and (b) that of the provincial
|
legislative councils by the Governors on the
|
recommendation of the district boards, municipalities,
|
universities, trade associations, zamin-dars and chambers.
|
‘The act made a limited and indirect provision for the use of
|
election in filling up some of the non-official seats both in the
|
Central and provincial legislative councils. The word “election”
|
was, however, not used in the Act. The process was described as
|
nomination made on the recommendation of certain bodies6 .’
|
Indian Councils Act of 1909
|
This Act is also known as Morley-Minto Reforms (Lord Morley was
|
the then Secretary of State for India and Lord Minto was the then
|
Viceroy of India).
|
The features of this Act were as follows:
|
1. It considerably increased the size of the legislative councils,
|
both Central and provincial. The number of members in the
|
Central legislative council was raised from 16 to 60. The
|
number of members in the provincial legislative councils was
|
not uniform.
|
2. It retained official majority in the Central legislative council,
|
but allowed the provincial legislative councils to have non-
|
3. It enlarged the deliberative functions of the legislative
|
councils at both the levels. For example, members were
|
allowed to ask supplementary questions, move resolutions
|
on the budget and so on.
|
4. It provided (for the first time) for the association of Indians
|
with the executive councils of the Viceroy and Governors.
|
Satyendra Prasad Sinha became the first Indian to join the
|
Viceroy’s executive council. He was appointed as the Law
|
Member.
|
5. It introduced a system of communal representation for
|
Muslims by accepting the concept of ‘separate electorate’.
|
Under this, the Muslim members were to be elected only by
|
Muslim voters. Thus, the Act ‘legalised communalism’ and
|
Lord Minto came to be known as the Father of Communal
|
Electorate.
|
6. It also provided for the separate representation of
|
presidency corporations, chambers of commerce,
|
universities and zamindars.
|
Government of India Act of 1919
|
On August 20, 1917, the British Government declared, for the first
|
time, that its objective was the gradual introduction of responsible
|
Government in India7 .
|
The Government of India Act of 1919 was thus enacted, which
|
came into force in 1921. This Act is also known as Montagu-
|
Chelmsford Reforms (Montagu was the Secretary of State for
|
India and Lord Chelmsford was the Viceroy of India).
|
The features of this Act were as follows:
|
1. It relaxed the central control over the provinces by
|
demarcating and separating the central and provincial
|
subjects. The central and provincial legislatures were
|
authorised to make laws on their respective list of subjects.
|
However, the structure of government continued to be
|
centralised and unitary.
|
2. It further divided the provincial subjects into two parts–
|
transferred and reserved. The transferred subjects were to
|
be administered by the Governor with the aid of Ministers
|
responsible to the legislative council. The reserved subjects,
|
on the other hand, were to be administered by the Governor
|
and his executive council without being responsible to the
|
legislative council. This dual scheme of governance was
|
known as ‘dyarchy’–a term derived from the Greek word di-
|
arche which means double rule. However, this experiment
|
was largely unsuccessful.
|
3. It introduced, for the first time, bicameralism and direct
|
elections in the country. Thus, the Indian legislative council
|
was replaced by a bicameral legislature consisting of an
|
Upper House (Council of State) and a Lower House
|
(Legislative Assembly). The majority of members of both the
|
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