INDIAN CONSTITUTIONAL DEVELOPMENT (1858 - 1947)

The history of constitutional development in India begins from the passing of the Regulating Act
in 1773.
The British rule in India can be divided into two phases- East India company rule till 1858 and the
crown’s rule from 1858-1947.
The Revolt of 1857 brought important changes in the British administration in India.
The rule of the East India Company came to an end.
The administration of India came under the direct control of the British Crown.
These changes were announced in the Government of India Act of 1858.
Important development that has taken place in constitutional history of India as a result of the
Indian National Movement are :

Government of India Act of 1858

The Governemnt of India Act of 1858 was passed by the Parliament of England and received
Royal approval on 2nd August 1858.

East India Company's rule came to an end.

The Indian administration came under the direct control of the Crown.
The Court of Directors and Board of Control were abolished.
The Secretary of State for India and India Council were established.
The Secretary of State would be a member of the British cabinet.
Sir Charles Wood was made the first Secretary of State for India.
India Council consisting of 15 members would assist him.
The Governor General of India was made the Viceroy of India.
The first Viceroy of India was Lord Canning.
All the previous treaties were accepted and honoured by the Act.

Queen Victoria's Proclamation

On 1 November 1858 the Proclamation of Queen Victoria was announced by Lord Canning at
Allahabad.
It announced the end of Company's rule in India and the Queen's control of the Government of
India.

Indian Councils Act of 1861

Provision was made to include Indians in the Legislative Council.

The member of the council can only make legislation.
Legislative Councils were also established in the provinces.
This Act was an important constitutional development as the people of India started to involve in
the law making process.

Indian Councils Act of 1892

The act introduced the principle of elections but in an indirect manner.

It enlarged the functions of the Legislative Councils.
It gave the Legislative Councils power of discussing the Budget .
The Indian Councils Act of 1892 was the first achievement of the Indian National Congress.
Indian Councils Act of 1909

This act is also known as the Morley-Minto Reforms.

It changed the name of the Central Legislative Council to the Imperial Legislative Council.
Communal representation was introduced in the interests of Muslims.
Separate electorates were provided for the Muslims.
The principle of separate electorates had ultimately led to the partition of India in 1947.
Government of India Act of 1919
This act is also called Montegue-Chelmsford Reform.
Dyarchy was introduced in the provinces that is division of subjects of administration.
A bicameral (Two Chambers) legislature was set up at the centre.
It consisted of the Council of States and the Legislative Assembly.
This act introduced direct elections in the country.
A High Commissioner for India at London was appointed.

The Government of India Act of 1935

The act provided for federation taking the Provinces.

It provided for the establishment of a Reserve Bank of India.
It provided for the establishment of a Federal Court.
Burma was separated from India.
The act divided the powers between the centre and the units.
The act introduced bicameralism in 6 out of 11 Provinces.
Indian independence Act of 1947

The Act relieved the permission of the crown on 18 July, 1947 and be became effective on 15
August, 1947. The main provisions were:

 Two Dominion States, India and Pakistan, came into existence on 15 August, 1947.
 Both the states had the right to frame their Constitutions by their respective
Constituent Assemblies.
 They also had the right to leave the British Common wealth.
 The British Crown ceased (no more) to be ruler of India.

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Quick tips to learn:

Different acts:
Government of India Act of 1858
Indian Councils Act of 1861
Indian Councils Act of 1892
Indian Councils Act of 1909
Government of India Act of 1919
The Government of India Act of 1935
Indian independence Act of 1947
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