Historical Background of Constitution

Polity

The foundation of British rule in India was laid when the East India Company (EIC) gained control of Bengal in 1757. Until 1773, policies regarding India were influenced by shareholder meetings where votes could be bought through share purchases, leading to mismanagement and corruption. This necessitated government intervention.

The Regulating Act of 1773 and Pitt’s India Act of 1784 brought the company under British government control, establishing a regulatory board answerable to Parliament.
Over time, the company lost both commercial and political power:
- Its monopoly over trade was abolished in 1813 (except for tea and trade with China).
- By 1834, it functioned solely as a managing agency for British India.
- After the Revolt of 1857, the company was dissolved in 1873.

The legal and administrative frameworks set by British rule greatly influenced the structure of India’s Constitution and polity.

TIMELINE OF EAST INDIA COMPANY

1600 – British arrived in India; the EIC was established for trade.
1765 – EIC obtained Diwani Rights (right to collect revenue) from Mughal Emperor Shah Alam II after the Battle of Buxar.
1773 – 1858 – Company Rule in India.
1857 – Revolt of 1857 (First War of Independence/Sepoy Mutiny).
1858 – 1947 – Crown Rule (Direct British control over India).

ACTS & REFORMS UNDER BRITISH RULE

Company Rule (1773–1858)

Regulating Act of 1773
- First attempt by the British government to control EIC affairs in India.
- Recognized EIC’s political and administrative role.
- Governor of Bengal was now Governor-General of Bengal.
- An Executive Council of 4 members was created to assist the Governor-General.
- First Governor-General – Warren Hastings.
- Supreme Court established in Calcutta (Chief Justice + 3 Judges).
- EIC officials were prohibited from private trade and taking bribes.
- Court of Directors to report to the British government.
Amending Act of 1781 (Act of Settlement/Declaratory Act)
- Exempted Governor-General and Council from Supreme Court jurisdiction.
- Revenue matters were excluded from Supreme Court jurisdiction.
- Supreme Court’s authority extended to all of Calcutta.
- Governor-General empowered to frame regulations for provincial courts.
Pitt’s India Act of 1784
- Distinguished commercial and political functions of the EIC.
- Court of Directors handled commerce; a Board of Control oversaw political affairs (Dual Government system).
- British possessions in India were officially called “British territories in India”.
Act of 1786
- Empowered Governor-General Lord Cornwallis to override council decisions.
- Also appointed as Commander-in-Chief.
Charter Act of 1793
- Extended Cornwallis’s overriding powers to future Governor-Generals.
- Board of Control members to be paid from Indian revenues.
Charter Act of 1813
- Ended EIC’s trade monopoly except for tea and trade with China.
- Asserted British Crown’s sovereignty over India.
- Allowed Christian missionaries to spread religion.
- Encouraged Western education in India.
- Enabled local governments to impose taxes.
Charter Act of 1833 (Saint Helena Act)
- Final step towards centralization in British India.
- Governor-General of Bengal became Governor-General of India (William Bentick).
- First government for all of British India.
- Legislative powers of Bombay & Madras removed.
- Ended EIC’s commercial activities entirely.
- Proposed open competition for civil services (later negated).
- Introduced Law Member in the Governor-General’s Council.
Charter Act of 1853
- Separated legislative & executive functions of the Governor-General’s Council.
- Created Central Legislative Council.
- Introduced local representation in the legislative council.
- First competitive recruitment for civil services.

Crown Rule (1858–1947)

Government of India Act of 1858 (Act for Good Government of India)
- Abolished the EIC and transferred power to the British Crown.
- Governor-General became Viceroy of India (Lord Canning).
- Ended Dual Government; created Secretary of State for India.
- Established Council of India (15 members) to assist the Secretary of State.
Indian Councils Act of 1861
- Decentralization: Restored legislative powers to Bombay & Madras.
- Indians nominated to the Legislative Council (Raja of Benares, Maharaja of Patiala, Sir Dinkar Rao).
- Introduced Ordinance-making power for the Viceroy.
Indian Councils Act of 1892
- Increased Indian participation in legislative councils.
- Allowed budget discussion & questioning of executives.
- Introduced indirect elections (though not explicitly mentioned).
Indian Councils Act of 1909 (Morley-Minto Reforms)
- Expanded Legislative Councils (Central: 16 → 60 members).
- Separate electorates for Muslims introduced.
- Indian representation in Viceroy’s Executive Council for the first time.
- Lord Minto became known as “Father of the Communal Electorate”.
Government of India Act of 1919 (Montagu-Chelmsford Reforms)
- Divided subjects into Central & Provincial lists.
- Introduced Dyarchy (dual rule) in provinces.
- First time bicameralism introduced at the center.
- Extended separate electorates to Sikhs, Indian Christians, Anglo-Indians, and Europeans.
- Public Service Commission established (CSPC formed in 1926).
Government of India Act of 1935
- Proposed All-India Federation (never implemented).
- Divided powers: Federal, Provincial, and Concurrent lists.
- Abolished Dyarchy in provinces, but introduced it at the center (never implemented).
- Extended separate electorates to more communities.
- Created Reserve Bank of India.
- Established Federal Court (1937).
- Established Federal & Provincial Public Service Commissions.
Indian Independence Act of 1947
- Ended British rule in India.
- India became independent on August 15, 1947.
- Partitioned India into India & Pakistan.
- Governor-General & provincial governors became constitutional heads.
- Princely states were free to join India or Pakistan.
- Constituent Assembly empowered to frame India’s Constitution.

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Subject: Polity

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