Historic Development of Indian Constitution
Chapter 1 of M. Laxmikanth’s Indian Polity covers the Historical Background of the Indian Constitution, detailing various legislative acts passed during British rule. These are typically divided into two periods: Company Rule (1773–1858) and Crown Rule (1858–1947).
I. The Company Rule (1773–1858)
- Regulating Act of 1773: Key provisions included designating the Governor of Bengal as the Governor-General of Bengal and establishing a Supreme Court at Calcutta in 1774. It also prohibited Company servants from engaging in private trade or accepting bribes.
- Pitt’s India Act of 1784: This act introduced a system of Double Government by distinguishing between the Company’s commercial and political functions through the Court of Directors and the Board of Control respectively.
- Charter Act of 1833: Centralized administration by making the Governor-General of Bengal the Governor-General of India and vesting him with all civil and military powers. It also transitioned the Company into a purely administrative body by ending its commercial activities.
- Charter Act of 1853: This act separated the legislative and executive functions of the Governor-General’s council and introduced an open competition system for selecting civil servants.
II. The Crown Rule (1858–1947)
- Government of India Act of 1858: Following the Indian Mutiny, this act abolished the East India Company, transferring powers to the British Crown. It changed the Governor-General’s title to Viceroy of India and created the office of Secretary of State for India.
- Indian Councils Act of 1861: Significant features included the introduction of the portfolio system and the initiation of decentralization by restoring legislative powers to the Bombay and Madras presidencies.
- Indian Councils Act of 1909 (Morley-Minto Reforms): This act introduced separate electorates for Muslims, thereby legalizing communalism. It also allowed for the association of Indians with the Viceroy’s executive council.
- Government of India Act of 1919 (Montagu-Chelmsford Reforms): Key changes included the introduction of Dyarchy in the provinces and the establishment of bicameralism and direct elections in the country.
- Government of India Act of 1935: This comprehensive act provided for an All-India Federation (which did not materialize) and abolished dyarchy in provinces, introducing provincial autonomy. It also led to the establishment of the Reserve Bank of India and a Federal Court.
- Indian Independence Act of 1947: This act marked the end of British rule, declaring India an independent and sovereign state. It also provided for the partition of India into the dominions of India and Pakistan
