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Historical Background
Introduction
- 1600 - EIC came to India as traders
- Queen Elizabeth -1 granted exclusive charter to EIC to trade with India
- 1757 - Battle Plassey - EIC annexed Bengal
- 1765 - Battle of Buxar
- Diwani rights over Bengal, Bihar, Orissa
- Nizamat Jurisdiction with Nawabs
- 1 & 2 is called Dual System - under Robert Clive
- 1858 - Sepoy Mutiny - Br crown took over India from EIC
- 1946 - Constituent Assembly ( Idea by M.N.Roy, Communist Pioneer in 1934 )
- Jan, 26 ,1950 - Constitution Enacted
The company Rule ( 1773 -1858 )
Regulating Act of 1773
- 1st Br regulation and control over EIC
- Recognized EIC's political and administrative function
- Laid foundation of central administration
- Features
- Govrnr of Bengal as Govrn Gnrl of Bengal (1st Warren Hastings)
- Govrnr of Madras and Bombay presidency as subordinate to GG of Bengal
- SC at Calcutta - 1774
- Prohibited pvt trade, presents or bribes from 'natives'
- Court of directors to report revenue, civil and military affairs in India
- Reason
- Dual system of Robert Clive
- Corruption
- No Judicial Administration
- Deteriorating financial condition of EIC - 1 million pounds loan in 1772
- Famine in Bengal
- Pros
- Prevented GG from becoming autocratic
- Foundation of centralised administration
- Cons
- Problem of Indians not addressed
- Jurisdiction of GG council and SC overlapped
Amending act of 1781 a.k.a Act of settlement
- Amendment to RAO 1772 to rectify mistakes
Pitt's India Act of 1784 ( Br PM William Pitt)
- 1st time Company territory as ' Br possessions in India'
- Supreme control over company's affairs with Br Govt
- Features
- Distinguished commercial (court of directors) and political functions (new Board of control) - Double Govt
- BOC to supervise civil, military and revenues of Br possession
- Reason
- Failure of Regulating Act of 1773
Charter Act of 1793
- Reason
- To renew charter every 20 years to continue trade with India
- Provisions
- Continued monopoly for another 20 years
- Dividends 10%
- Override council's decision under certain circumstances by GG
- Rs. 5 lakh every year to Br Gov from Indian revenue
Charter Act of 1813
- Reason
- Principle of laissez-faire
- Provision
- Ended monopoly - Except tea and china trade
- Allowed missionary activities in India
- 1 lakh for Education
Charter Act of 1833
- Features
- GG of Bengal as GG of India ( 1st Lord William Bentinck)
- Deprived legislative powers of Govrnr of Bombay and Madras
- L power of India with GGI
- Earlier laws were regulations and now on rights
- EIC from commercial to administrative body ending trade monopoly
- Company's territories held by it ' in trust for his majesty, his heirs and successors'
- Attempted open competition for civil servants (not debarring Indians) - but court of directors opposed
- 1st law commission under C'ship of Lord Macaulay
- End of centralisation tendency
Charter Act of 1853
- Significant constitutional land mark
- Features
- Separated L and E - Indian (central) legislative council to GGI was formed.
- 1st time legislation
- Open competition to civil servants - Macaulay committee
- EIC can be terminated anytime
- 1st time local rep in central leg - 4/6 from provincial govt of Madra, Bombay, Agra and Bengal
THE CROWN RULE (1858-1947)
GOI Act of 1858
- A.k.a Act for the Good GOI
- Features
- GGI is Viceroy (1st Lord Canning)
- Ended double Govt by ending COD and BOD
- Created Secy of State(cabinet member) to control Indian administration(1st Lord Stanly)
- 15 member council of India to assist SOS, who is the c'man
- Secy of state-in-council made corporate body for suing and being sued
- Facts
- Queen's Proclamation - Royal Durbar in Allahabad Nov 1,1858
- Proclamation - issued by Queen Victoria
- Read by - Lord Canning
Indian councils act of 1861,1892,1909
- 1861 features
- Beginning of representative central leg – 3 Indians (Raja of Benaras, Maharaja of Patiala and Sir Dinakar Rao) nominated by Canning in 1862
- Decentralisation – Leg power to Bombay and Madras
- New legislative council for Bengal (1862), NWFP (1866) and Punjab (1897)
- Viceroy empowered to make laws – Canning made portfolio system in 1859
- Viceroy can issue ordinance (6-month validity)
- 1892 features
- Beginning of representative form of government.
- Increased non-officials in central and provincial but maintained an official majority
- Power to discuss Budget
- Nomination of non-officials – indirect election but word election not used
- Central leg council on recommendation of provincial council and Bengal chamber of Commerce
- Provincial leg council by govrnr on recommendation of local bodies (dist board, municipality, university, trade assn., zamindars and chambers)
- 1909 features a.k.a Morley(sec) Minto(vice) Reforms
- Increased size of legislative council considerable (16 to 60)
- Retained Official majority in central Leg and not in provincial
- Allowed to ask supplementary questions and move resolution on Budget
- 1st time Indians (Satyendra Prasad as law member) in viceroy's executive council
- Communal representation for Muslims through separate Electorate – Legalised communalism – Lord Minto father of Communal Electorate
- Separate representation for presidency corporation, chambers of commerce, university and zamindars
Government of India Act 1919 a.k.a Montagu (secy) Chelmsford(VR) Reforms
- 1917 - Br Govt declared for the 1st time that its objective was the gradual introduction of responsible govt
- 1919 - Act
- 1921 - Act Enforced
- Features
- Central and provincial subjects and budget were divided.
- Dyarchy in province – Reserved (Vice and Exe council) and transferred (Vice and Leg council)
- First time Direct election and bicameralism in Indian Leg council
- 3/6 Indian in Exe Council
- Communal Representation for Sikhs, Indian Christians, Anglo-Indians and Europeans
- Limited Franchise based on tax, property or education
- New Office of High Commission for Indian in London with some functions earlier performed by Secretary of State for India
- Public Service commission provision (setup -1926) – Lee commission on Superior civil Service (1923-1924)
- Statutory commission to inquire and report on 1919 Act after 10 years
- Simon (Sir John Simon) Commission -1927
- 7 members (all Br so boycotted)
- Recommended abolition of dyarchy
- Extend responsible government in province
- Establish federation
- Continue communal electorate
- Discussed recommendation in 3 round table conference
- Came up with White paper on constitutional reforms
- Incorporated in Government of India act 1935
- Communal award -1931
- 1932 – Br PM Ramsay Macdonald announced communal award for depressed classes. Gandhi opposed it with fast until death in Yeravda jail (Poona). Ended with Poona Pact retaining joint electorate but with reserved seats
Government of India act – 1935
- All India federation with princely state and provinces as one unit. 3 List – Central, Provincial and Concurrent with residuary with viceroy. Failed as princely state didn't join
- Abolished dyarchy(reserved and transferred subjects) in province(introduced provincial autonomy) and introduced dyarchy at centre (didn't enforce).
- Introduced responsible government at province (1937-1939) and Provincial Autonomy.
- 6/11 province got bicameralism
- Separate electorate for SC, women and labours
- 10% population franchise
- Established RBI
- Federal PCS,Provincial PCS and Joint PCS
- Federal Court -1937
Indian Independence Act of 1947
- Clement Atlee (PM) said June,30,1948 independence
- Lord Mount batten preponed to Aug,15, 1947 bcos no power will be left to transfer by 1948
- Aug 15 bcos of the second anniversary of Japan's surrender
- Mountbatten Plan – partition plan
- Features
- 2 independent dominion
- Abolished viceroy and appointed GG to two dominion by king on advice of dominion cabinet
- Right to secede from the Br Commonwealth
- Abolished Office of Secretary of State and transferred powers to secretary of state for Commonwealth Affairs.
- Can repeal any act of Br parliament including Independence act
- Lapse of Br paramountcy over princely states and tribal area and free to join any dominion by princely states
- Princely state can join the dominion of India or Dominion of Pakistan or remain independent
- Deprived veto for Monarch but GG had it and GG have full power to assent any bill
- Dropped title of emperor of Indian from the royal titles of the king of England
- GGI and provincial govrnrs remained nominal head
- Civil service appointment by secretary stopped but already appointed remained
- Lord MB 1st GG of dominion and swore in JLN as 1st PM
- Member of Viceroy's Executive council became member of interim government (1946). Viceroy continued to head Exe council and JLN as vice president of Exe council and PM.
- Constituent assembly (1946) became Parliament of dominion
- Radcliff drew boundary between India Pakistan. Referendum in NWFP and Sylhet favoured Pak