Wednesday, 4 May 2016

Study Note on Important Acts passed before the formation of

the Indian Constitution (Part 1)

The Regulating Act, 1773

The Regulating Act of 1773 was enacted as a first step to regulate the working of East India
Company.
A collegiate government was formed in Bengal consisting of the Governor General, who was
vested civil and military powers.

A Supreme Court was established in Bengal comprising of a chief justice and three other
judges.

Pittss India Act, 1784

This Act was a further extension of the control of the British Government over the company
affairs.
Board of control was established to control the civil, military and revenue affairs of the
company
The Court of Proprietors was no more empowered to revoke or suspend the resolution of the
directors approved by the Board of Control.
Charter Act of 1833
The act focused on centralization of powers.
The Governor General of Bengal was made the Governor General of India. The first Governor
General of India was William Bentinck.

He was given legislative powers over the entire India including the Governors of Bombay and
Madras.

The company lost the status of a commercial body and was made purely an administrative
body.

A Law Commission was set up to consolidate and codify Indian Laws.

Charter Act of 1853
Due to vastness of British Empire in India, the demands for decentralization increased not only in
India but also in Britain. Under these circumstances the Charter Act of 1853 was enacted.
It brought out separation in the legislative and executive functions of the Governor-Generals
council.

Access to compete civil services for Indians.

Local representation of 4 members was provided in the Central Legislative Council.

Government of India Act, 1858

The rule and aggressive territorial policies of East India Company in India led to resentment among
the aristocrats and ruling class in India, which resulted in the revolt of 1857.
India was to be governed by and in the name of crown through Viceroy, who would be the
representative of crown in India. The designation of Governor General of India was changed to Viceroy.
Thus, Governor General Lord Canning became the first Viceroy of India
Board of Control and Board of directors were abolished transferring all their powers to British
Crown
A new office secretary of state was created with a 15 member council of India to assist him.
Indian Councils Act, 1861

The major focus of the act was on administration in India. It was the first step to associate
Indians to legislation.

The act provided that the viceroy should nominate some Indians as non-official members in
legislative council.

The legislative powers of Madras and Bombay presidencies were restored.

It provided for the establishment of legislative councils for Bengal, North-Western Frontier
Province (NWFP) and Punjab.

Viceroy was empowered to issue ordinances during an emergency without the concurrence of
the legislative council.

Study Note on Important Acts passed before the formation of

the Indian Constitution (Part 2)

Indian Councils Act, 1892

The number of non-official members was increased in both the central and provincial
legislative councils
The functions of the legislature increased, which gave the members the right to ask questions
or discuss on budget matters.
Indian Councils Act, 1909, (Morley-Minto reforms)
The number of members in central and provincial legislative councils was increased.
It provided for the association of Indians in the executive council of the Viceroy and Governors.
Satyendra Prasad Sinha joined the Viceroy's executive council as a law member.
It introduced Separate Electorate for Muslims.
Government of India Act, 1919
The act is also known as Montague-Chelmsford Reforms.
The act set up bicameral legislatures at the centre consisting of two houses- the Council of the
States (Upper House) and the Central Legislative Assembly (Lower House).
The central and provincial subjects were demarcated and separated.
The Provincial subjects were further divided into Transferred Subjects and Reserved Subjects,
the legislative council had no say in the latter. This was known as the system of Diarchy.

he principle of separate electorate was further extended to Sikhs, Indian Christians, AngloIndians and Europeans.

It provided for the appointment of a statutory commission to report the working of the act
after ten years.

Government of India Act, 1935

The powers between centre and states were divided in terms of Federal list, Provincial list and
Concurrent list.
Diarchy in the provinces was abolished.

Diarchy was adopted at the centre with Transferred and Reserved subjects (such as defence,
administration of tribal areas etc.).

The legislature of Bengal, Bombay, Madras, Bihar, Assam and United province were made
bicameral. Bicameral legislature consisted of a Legislative Council and a Legislative Assembly.

The principle of Separate Electorate was extended to depressed classes, women and workers.

Provided for the formation of Reserve bank of India

Indian Independence Act, 1947

The act formalized the Lord Mountbatten Plan regarding independence of India on June 3,
1947.
The Act ended the British rule in India and declared India as an independent and sovereign
nation with effect from August 15, 1947.
Provided for the partition of India into two dominions of India and Pakistan

The office of Viceroy was abolished and a Governor General was to be appointed in each of the
dominion

The Constituent Assemblies of the two dominions were to have powers to legislate for their
respective territories.

Princely states were free to join any of the two dominions or to remain independent.