NATIONAL LAW INSTITUTE UNIVERSITY

BHOPAL

HISTORY PROJECT

ON

THE GROWTH OF THE

LEGISLATURE IN INDIA IN THE 19TH
AND 20TH CENTURY.

SUBMITTED TO : SUBMITTED BY:

PROF. U.P SINGH YASH BUCHKE
2009 B.A.L.L.B 26,
 TIMESTER VI.

DECLARATION.

The text reported in this project is the outcome of my own efforts

and no part has been copied in any unauthorized manner and no

part in it has been incorporated without due acknowledgement’

YASH BUCHKE

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 TABLE OF CONTENTS

1. INTRODUCTION

2. GROWTH OF LEGISLATURE IN INDIA FROM 1773 TO 1857

3. GROWTH OF LEGISLATURE IN INDIA FROM 1858 TO 1947

4. CONCLUSION

5. BIBLIOGRAPHY

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 Introduction
The legislative framework of Britain basically inspired the legislative
model that was introduced in India after Independence. In the words of MC Selalved “the
laws and courts of this country are closely modeled on the English pattern.” During the
colonial era, the British parliament framed numerous statutes to meet their own goals in
India. The statutes and ordinances framed by the British legislature directly influenced
the society, politics of the country and her people. They almost overhauled the legal
systems existing in this country and set up new judicial and administrative structure.
However they couldn’t totally ignore or undermine the rich legal and political inheritance
of India. Hindu and Musim Personal Law survived the British colonial reign and are still
prevalent in this country. However it can be undoubtedly said that the British legislature
played an intrinsic role in shaping the history of India in the period of the Raj.
The East India Company, a British trading concern, came to India in 1601. The
Queen granted the Charter of 160o, which empowered the company to frame laws and
ordinances for the good governance of the Company. With the passage of time the
company transformed from a business concern to a territorial power. The British Crown
continued to grant various charters, which allowed the Company to maintain its
autonomous character and to maintain absolute control over the Indian territories. These
charters authorized the company to increase the ambit of its powers. It was authorized to
control the activities of its servants. The Company was also empowered to introduce
administrative and judicial systems in the occupied territories. The Government hoped
that, by granting such powers to the Company, it was aiding the Company in
administering the Indian territories in a more efficient way. During this time the British
government did not make any attempt to directly regulate and control the activities of the
Company.
However all was not well within the company. The company was plagued with
numerous problems. The Administrative changes made in the Charter of 1726 and the

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judicial changes made in the Charter 1753 failed to yield the desired results. In fact the
affairs of the Company was going downhill. The Company was plagued with corruption.
Even tough the company was unabashedly exploiting the people of the country; still the
revenue was not at all adequate. The Company’s unscrupulous servants pocketed most of
the revenues. The situation continued to detoriated and in the later part of the 18 th century
assumed endemic proportions. The administration of the country was in shambles and the
law and order prevailing in the country was hardly any better. The Governor General at
that time, Warren Hastings failed to control the escalating anarchy within the country.
The company seemed to be heading towards its own doom.
In this situation the British Crown and the government could no longer play a
passive role. They had to come into the forefront to control and supervise the activities of
the Company. The legislature was thus forced to enter the scene and take actions to
rescue the company and to keep alive the promise of a fledgling empire. This lead to the
enactment of the Regulating Act, which marked the commencement of almost two
hundred of the British Parliamentary influence over the affairs of India

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 Growth of legislature in India from 1773 to 1857

The period between 1773 and 1857 is very important while looking back at the
role of the British legislature. This period witnessed the ascent of the company to the
heights of its powers and its subsequent fall from grace. This period started with tentative
steps taken by the British parliament to control the power of the company and ended with
the Sepoy Mutiny, which laid the foundation for direct control of the legislature over the
affairs of India.
The Regulating Act was the first significant Act of the this period. It is significant
for two reasons. Firstly it marked the first direct intervention of the Government in the
affairs of the Company. Secondly the Act also signaled that the British parliament had
taken cognizance of the rampant corruption that was plaguing the Company in Bengal
Bihar and Orissa. The servants of the Company were becoming richer while the company
was drifting into financial trouble. When the Company approached the Government for
loan, the government could no longer ignore the situation. A secret select committee was
set up to probe into the actions of the society in India. The Committee came up with
reports, which strongly criticized the role of the Company and recommended
parliamentary control. On the basis of this report the Regulating Act was passed in 1773.
The basic objectives of the Act were two fold. The first objective was to bring
back order and stability in the Company’s affairs in India. To achieve this, the Act sought
to reconstruct the Company’s constitution and to reorganize the Government in Calcutta.
The Act brought the Presidencies of Bombay and Madras under the power of the
Governor General and Council in Bengal. The governor General and 4 Councilors were
made the Supreme Authorities in India. They held office in Fort William for a period of
five years and were empowered to frame laws and regulations for controlling the Indian
territories. This system thus laid down the seeds of a Federal System in India. The
Regulating Act also empowered the Crown to set up a Supreme Court in Bengal through
the charter of 1774. The regulating Act thus created two authorities namely, Supreme
Council and Supreme Court to better manage the affairs of the country.

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 The second objective, which the parliament wanted to realize, was imposing
supervision and control over the Company’s affairs. So the constitution of the Company
was modified in such a way that the Company was brought under the power of the
Government. The Royal Charter replaced the Company Charter and the same was
required to be renewed every ten years. The Government in Calcutta was to be
scrutinized by the Home Government in England. Moreover the Parliament imposed
regulations over the workings of the Company The Board of Directors were elected for a
periods of 4 years. Voting rights were given to only those shareholders whose stake in the
Company exceeded 1000 pounds. Moreover to make the commercial activities of the
Company more transparent the Directors were asked to send correspondence related to
revenue Collection to the Government. The Secretary of State in London was asked to
supervise the activities of the Company.
Thus through all this measures the legislature in Britain tried to streamline the
actions of the Company in India. Moreover this Act also indicated the legislatures desire
to deprive the Company of its power to a great extent and bestow the same to the Queen
and the Crown.
The Amendments made by the Regulating Act failed to produce the desired
results. There were reports of continuing disorder in the Company’s affairs. The two
parliamentary committees set up to deal with the problem plaguing the Company, also
failed. This was the situation when the Pitts India Bill was introduced in 1784.
The Act transferred the control of the territory to two different authorities. A
Board of Council was to be set up consisting of four Privy Council members, the
Chancellor of Exchequer and the Secretary of State. The Board of Control was given the
authority to control the entire civil and military administration of the Indian territories the
power of the Board of Directors on the other hand was severely reduced and they were
only allowed to control the commercial affairs of the Company and to appoint people to
various offices. Moreover the Act also required all correspondence from the Company
Government in India be to be sent to the Board of Control for review. The Act also
increased the control of the Governor General in Bengal over the Government of Bombay
and Madras.

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 Thus the Act is significant for a number of reasons. Firstly it brought the affairs of
the Company under the direct control of the Government of England through the setting
up of the Board of Control. Secondly the Act brought about even more centralization in
the legislative and administrative machinery prevailing in India. The Act carried forward
the reforms that were started by the Regulating Act.
. The next notable Act passed by the legislature was the Charter Act of 1793. The
most important contribution of the Act was that it increased the Company’s monopoly
over the Indian territories for another 20 years. Moreover the Act carried forward the
trend of centralization, which started with the Regulating Act. The Governor General of
Bengal was not made the Governor General of the other presidencies. However the
Governor General and his council was bestowed with the power of supervising, directing
and controlling the Bombay and Madras presidencies. The Governor General of Bengal
could supersede the Governors of the local presidencies and preside at the Council
Meeting. The Act also tried to make the Company’s financial affairs more transparent by
making it mandatory to present the Company’s annual Statement of Affairs in the
Parliament.
Charter Act of 1813 was the next landmark constitutional development The
Charter was symbolic because for the first time it openly asserted the sovereignty of the
British Crown over the territories of India. It granted Charter rights to the Company but
also indicated that the Crown was no longer willing to play a background role and was
itching to come in the forefront. The Act stated that the Company would govern the
Indian territories only as a trust for the Majesty and her heirs and successors. The Acts
that were enacted in the next 20 years substantiated this point to a great extent and made
it quite plain that the days of the Company were numbered.
Moreover the Act tried to continue the trend of centralization in the administrative
activities of the Company. It made the Governor General of Bengal the Governor General
of whole of India by bringing the presidencies of Bombay and Madras directly under his
supervision and control. Thus the Bombay and Madras presidencies lost their
autonomous nature of governance and came under the direct control of the Governor
General and his Council in Bengal. The Charter of 1833 and its impact on the political

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and administrative environment can be best sunned up in the words of Rankin who said,
“The Charter Act of 1833 forms a watershed in the Legal History of India.”

The Charter of 1853 was the next step taken by the Parliament, which accentuated
the fact that the Company was going to be abolished at any point of time. The Charter
renewed the administrative powers of the Company for an indefinite period of time. This
indicated that the Charter could at any time abolish the Company’s reign and take the
power in its own hands
The Act was also significant as it tried to differentiate the executive from the
legislature in matters regarding India. The Law Member of the Governor general in
Council were given a status similar to that of the other three members. They were
allowed to sit and vote in Executive Meetings of the Company.
This was the last significant legislation passed by the Company prior to the
Sepoy Mutiny, which marked another era of British rule in India.

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 Growth of Legislature in India from 1858 to 1947

The period between 1858 to 1947 saw some major policy decisions taken by the
legislature, which greatly influenced events in the future. Some of the major policy
decisions taken during this period had far reaching effect on the constitutional
development of India.
In the last few years, there was growing discontent among both the Indians and
British who disliked the idea of keeping India under the control of a Company. The
British parliament also echoed this opinion and it gradually decreased the power of the
Company in the Charters of 1833 and 1853. This led the groundwork for the abolishment
of the Company. The Sepoy Mutiny, which can be better described as the First Indian
War for Independence, was the final nail in the coffin of the Company. The War
accentuated the problems of the double government structure existing in India since the
Pitts India Act of 1784. It made it amply clear that the company was not equipped enough
to deal with the Indian territories. The British felt that the Indian territories can only be
administered properly if the entire power is shifted to the Queen and her government.
This led to the Government of India Act of 1858.
.
The Government of India Act commenced on 1 st November 1858 with the
proclamation of Queen Victoria. The Queen declared that transfer of powers from the
Company to the Crown. The proclamation was made in a way so as to soothe the frayed
nerves of the Indian after the ruthless submission of the Sepoy movement. The main aim
of the Queens proclamation was to win the sympathy and support of the Indian people.
The main provision of the Act was obviously the transfer of power from the
Company to the Crown. The properties of the Company along with all the treatise and
contracts were transferred to the Queen. The Queen’s Secretary of State was made the
final authority in matters regarding the Indian territories. He was endowed with the same
authorities, which was previously enjoyed by the Board of Directors of the Company.
The Secretary of State was to be aided by a fifteen member Council. The Council only

9
had advisory powers while the Secretary yielded the real power. The Secretary was also
empowered to send secret dispatches to India without even consulting the Council.
Another important provision of the Act was that it empowered the Crown to
nominate the Viceroy of India and the Governors of the Presidencies. Finally the
Government of India Act also set up the Indian Civil Services, which had a far reaching
effect on India people. It started to employ reasonably educated Indians to perform
clerical and civil work.
. However the Sepoy Mutiny was always at the back of the mind of the British.
The British realized that the vast territories of India couldn’t possibly be administered
efficiently by excluding the Indians from the administrative and legislative process. The
British felt the need of taking the counsel of Indians to gauge the sentiments and feelings
of the Indian population and to administer the country without directly aggrieving its
people. So the British for the first time, started to appreciate the importance of associating
Indians in the their legislative activities. To fulfill this objective the Indian Councils Act
of 1861 was passed.
The Act of 1861 reconstituted the Executive Council to include five members.
Three of them were to be selected by the Secretary of State for India while the other two
were be a Law Member and a Finance Member. The Act also increased the ambit of
powers of the Viceroy. He was empowered to take any decision regarding the Indian
territories on his own and he was not required to depend on the agreement of the council.
However the most significant aspect of this act undoubtedly was the
incorporations of Indians in the legislature. The Viceroy was authorized to increase the
legislative council up to twelve people among whom there were a number of the Indians.
Thus for the first time the Indians were given an opportunity to play a part in framing
laws which would affect not just the Indians but also the Britishers. Moreover the Act
reinstated the legislative powers of the different presidencies. The Bombay and the
Madras legislature were once again empowered to frame laws for their territories.
So the Indian Councils Act is extremely important as it laid down the foundation
of the legislative system in India. This model of legislation proposed by the Government
is still followed to a great extent even today.

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 The period after the Indian Council Act say a few important legislative activities
such as the Indian High Court Act and the Government of India Act. The former
reorganized the judicial framework by setting up High Courts in Calcutta Bombay and
Madras. The later empowered the Viceroy and his Council to lay down laws for less
developed areas called non-regulating Act. But the next really prominent legislative
development was the Indian Councils Act 1892.
The second half of the 19th century saw a great shift in the sociopolitical
environment in India. Western education was a driving force, which brought about
greater liberalization of Indian religion and society. Nationalism also started rearing its
head in this period and the Indian National Congress emerged as the voice of the Indians
and signaled their nationalistic aspirations. The Viceroy felt the need of legislative
modification to meet the changes in the sociopolitical environment. This led to the Indian
Councils Act of 1892.
The main significance of the Act was that it increased the strength as well as the
power of the Central Council. The Council for the first time was empowered to discuss
the Annual reports and even to criticize the Government’s financial policies. Moreover
the Council was authorized to ask questions regarding public interest with a 6 days notice
prior to every question. In the provincial Councils of Bombay and Madras the number of
members were also increased. Moreover the power of the legislature of the presidencies
was also considerably increased.
However the Council failed to meet the expectations of the Indians. The Act did
not come up with any provision, which in any way addressed the demands of the Indians.
The functions of the Council and its members still remained very restricted and the
number of members still remained very small. Moreover the questions regarding public
interests could be avoided easily and the Council did not have any power to amend bills.
However, under pressure from the Indian people, the Act brought about some changes
Following the enactment of the Act the legislative framework of the country certainly
improved to a certain extent.
In the early 19 hundreds India became a hotbed of extremist nationalism. The
highhanded and repressive measures taken by Lord Curzon had antagonized the Indian
against British rule. Lord Minto who succeeded Lord Curzon immediately felt the need to

11
pacify the Indians to avoid a large-scale revolt. The British government had also taken
cognizance of the growing hostilities of the Indian against the British rule. So Lord
Morley, the Secretary of State for India started corresponding with Lord Minto. Lord
Morley insisted that Minto set up a committee from his executive Council to recommend
reforms to pacify the Indian. The Committee under Sir Arundale recommended changes,
which after negotiations between Morley and Minto was introduced into the Parliament.
This bill was passed in February 1909 and came to be known as Morley Minto Reforms.
The Act made sweeping changes in the legislative framework existing in the
country. The Act greatly increased the size of the central and the state legislative
councils. Moreover the functions of the legislative Council were also greatly expanded.
The rights of discussing issues and supplementary questions were introduced for the first
time. The Act created a structure of legislative council which was organized in three
tiers. First were the members of the executive council and the viceroy. Second were the
non-official members and the third were the elected representatives of the people. The
Act also reorganized the election system. The elected members under the Act did not
represent territories but classes of people. However one of the most important provisions
of the Act was the introduction of a separate electorate for the Muslims.
So the Morley Minto Act no doubt brought some improvements in the legislative
structures. But the improvements were not adequate. The Act only managed to give a
democratic appearance to the otherwise autocratic system. Moreover the greatest demerit
of the Act was that it planted the seeds of communalism by introducing the communal
electorate.
In 1917 Montague came to India and after consulting the Viceroy Chelmsford
recommended a number of changes to the constitutional framework. This was passed in
1919. The Montague Chelmsford Act made certain changes in the functions, structure of
the mode of Government of India. The legislature was increase and given larger powers.
Another impact of the Act was that it provided a considerable representation of Indian
Civil Servants in the executive council.
The Act also made considerable changes in the constitution of the Indian Council.
The Council could have a number of members ranging from 8 to 12 out of which three
could be Indians. The Viceroy assumed even more power after the enactment of the Act.

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His power stemmed from the fact that he could overrule the Councils decisions.
Moreover the Viceroy could even enact a statute, which has been rejected by the
parliament if he deemed the statute to be necessary.
The Government of India Act of 1919 was fraught with inherent defects. The Act
tried to introduce a dyararchy system of administration, which was almost impossible to
be implemented in the real world.
The period following the Montague declaration and leading upto 1935 saw a
number of constitutional developments, which can be briefly touched upon. The most
notable and controversial among which was the Simon Commission of 1927. It was
appointed under considerable public pressure to review the workings of the Government
of India Act. The Act made certain recommendations, which were widely condemned by
the Indians. So for the time being the Commission recommendations were not followed
but they greatly influenced the Government of India Act of 1935.
Another important development was the endeavor of Pundit Motilal Nehru to
come up with a constitution for India. The Constitution framed by him during the All
party meeting of 1928 was indeed a masterly work which contained the principals of
secularism and joint electorate. It also demanded dominion status as the next immediate
step but made it clear that it was by no means the ultimate claim. However the difference
in interests of the different parties notably the Muslim League under Jinnah made it
impossible to pass the constitution. The landmark constitutional event which took place
next was the passing of the Government of India Act 1935.
The Act of 1935 was indeed one of the most important events not just in the
constitutional history of India but the entire freedom movement. It marked a significant
step towards the goal of a fully independent India. It also formed the framework based on
which the Indian Constitution of 1950 was drafted.
The main provisions of this Act can be discussed in brief. The Act set up an
Indian federation, which included all the Indian states along with the princely states,
which had had the power of voluntarily joining the federation. Each Indian state or
province was allocated a separate seat in the Federal Council and Council of States. The
Viceroy was empowered to look after the entire activity of India.

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 It also divided the power between the Center and the federations under three lists
known as Federal List, Provincial List and Concurrent List. In the Concurrent list both
the federal legislature and the provincial legislature could frame laws but the Federal
legislature had the power to override the provincial legislature.
The Act abolished dyararchy in the provincial level and introduced dyararchy in
the Center. The Federal Executive was divided into two. A part was reserved while the
other part was transferred. The Act also for the first time introduced the bicameral
structure of legislation with the introduction of the Federal Council and the Council of
States.
However the Act restricted the powers of the legislature to some extent. There
were a number of subjects in which neither the federal nor the provincial legislatures
were allowed to legislate. The two Houses could be called together for the other rejected
a joint meeting when the Bill passed by one house. However the Viceroy was the
Supreme Council and he had the power to pass a bill or to veto it and send it for
reconsideration to the houses.. The Act also set up a Federal Court much in the mould of
the present Supreme Court. The federal court had the jurisdiction to decide on disputes
regarding two or more states on matter of the constitution.
So basically the Government of India laid down the groundwork. The
Constitution of 1950 followed many of the provisions maintained in the Act. So the
contribution of this Act in the Constitutional History of this country cannot be
overlooked.
The period between 1935 and 1947 say a large number of Constitutional
developments, each of which uniquely impacted the sociopolitical environment of the
country to a great extent. However the essay only looks at two landmark legislative
events, which led to the transfer of power from the British to the Indians and fulfilled the
long nurtured dream of independence.
The first of this development was the Cabinet Mission Plan of 1946. After the
Second World War, the establishment of an independent India started to take shape. The
British Cabinet Mission consisting of A.V Alexander, Sir Stafford Cripps, and Lord
Patrik Lawrence came to India in 1946. Discussions took place between the committee
and the Congress and Muslim League.

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 The Cabinet Mission ruled out the possibility of a separate state of Pakistan. The
plan recommended that the Union of India should include both the British states and the
Indian states. It also recommended the setting up a constitutional assembly consisting of
389 members in order to frame the constitution of India.
The Act seemed to make a descent effort to solve the political problems in India
and to lay the groundwork for the independence of the country. However the Muslim
League did not consider the Act in a positive light. The vehement opposition of the
Muslim League meant that the Act could not be implemented.
The Mountbatten Plan of 1947 marked the final role of the British legislature in
the Indian affairs. The Plan gave legal effect to the Mountbatten Plan, which led to the
partition of the country along with the achievement of independence. The Act provided
for the partition of India into two dominions of India and Pakistan. The British
Government was to vanquish all control over the affairs of the State. These were the two
most important features of the Mountbatten Plan.
With the passage of India all authority of the Crown in India ceased to exist. Thus
this ended the two hundred tear long role of British parliament in the affairs of India and
her people.

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 Conclusion

The British played an intrinsic role in shaping the history of India to a great extent
in the 19thand 20th century. One of the most important contributions of the British was
the development of a constitutional structure in India. Even tough the legislature basically
tried to fulfill their own ends in India. However the role of the legislature in development
of a comprehensive legislative structure cannot be denied. Moreover the role played by
the Indian legal and administrative systems of the pre-colonial period cannot be
overlooked. The unique political and judicial inheritance of India also left a mark on the
thoughts of the British. So many of the legislations and institutions introduced by the
British in India bear resemblance to Hindu and Muslim system of administration and law
making.
Moreover the rule of British legislations in India
conformed to certain trends throughout the period of the Raj. One such trend was to
constantly adapt itself to changes in the political and social environment to safeguard the
interests of the British. Another trend was to that of always conforming to the tendency
of centralization. The legislature, time and again, emphasized on the necessity to
centralize administrative as well as legislative powers in India through the enactment of
legislations. This clearly shows the believed that centralization of power was the most
efficient means of controlling the highly diverse Indian society.

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