ZGVmMjcxYTA3NGI1

IASBABA’S
PRELIMS EXCLUSIVE
PROGRAM (PEP) 2022

MODERN HISTORY
HANDOUTS

WWW.IASBABA.COM, PEP@IASBABA.COM
 ZGVmMjcxYTA3NGI1

PRELIMS EXCLUSIVE PROGRAMME (PEP) 2022 – MODERN HISTORY HANDOUT

TOPIC - Constitutional Developments from 1773 to 1947

CONSTITUTIONAL DEVELOPMENTS FROM 1773 TO 1857

Regulating Act  The regulating act was passed in the British parliament in June
1773 1773.
 It was first parliamentary ratification and authorization defining
the power and authority of the East India company (EIC) w.r.t its
Indian possessions.
 Provisions of the Act:
1. It introduced the element of centralized administration; it did not
take over the power completely, hence regulated.
2. The directors of the Company were directed to make all
correspondence on revenue affairs, civil and military matters before
British government.
3. In Bengal, the administration was to be carried out by governor-
general and a council consisting of 4 members, representing civil
and military government.
4. As per this Warren hasting appointed as Governor General of the
presidency of fort William.
5. Supreme Court was established at Calcutta. Judges were from
England. It had civil and criminal jurisdiction over the British subjects
and not Indian Natives.
6. Governor General Control over council of Bombay and Madras.
7. Amendments (1781) - Jurisdiction of SC were confined to Calcutta.
Immune to government servants.
Pitt's India Act, 8. This act made a distinction between the commercial and political
1784 activities of the East India Company.
9. For the first time, the term ‘British possessions in India’ was
used.
10. This act gave the British government direct control over Indian
administration.
11. This act resulted in dual control of British possession in India by
British government and company with final authority resting
with the government.
12. The Company became a subordinate department of the State.
13. It introduced Board of control who in charge of civil, military and
revenue affairs, Court of directors to trading activity.
14. Governor General was given veto, Madras and Bombay
presidencies became sub ordinates.
The Charter Act 15. The act continued company's trade monopoly in India for 20
of 1793 more years.
16. All expenses were charged on company now from the Indian
revenues, was to pay 5 lakh pounds annually to the British
government.
17. Governor General was given more power to override his council
decision.

IASBABA 1
 ZGVmMjcxYTA3NGI1

PRELIMS EXCLUSIVE PROGRAMME (PEP) 2022 – MODERN HISTORY HANDOUT

18. The Company was empowered to give licenses to individuals as

well as the Company’s employees to trade in India. The licenses,
known as ‘privilege’ or ‘country trade’, paved the way for
shipments of opium to China.
19. The revenue administration was separated from the judiciary
functions and this led to disappearing of the Maal Adalats.
The Charter Act 20. Passed by British parliament renewed the EIC charter for another
of 1813 20 years.
21. Defined for 1st time constitutional position of British Indian
territories.
22. Company's monopoly with trade ended except for trade in tea
and with China.
23. The regulations made by the Councils of Madras, Bombay and
Calcutta were now required to be laid before the British
Parliament.
24. Act allowed Christian missionary to preach their religion.
The Charter Act 25. Also called GOI Act 1833 or Saint Helena act 1833.
of 1833 26. EIC exclusive administrative body.
27. Trade link with china was also ended.
28. The act legalized the British colonization of the country.
29. Governor General of Bengal re-designated as governor general
of India. Lord William Bentinck the first GGI.
30. Bengal, Madras, Bombay and all other territories were placed
under complete control of the governor general.
31. Governor General Member’s council to have four member and
fourth member with limited power.
32. Law member was added and Indian law to be codified and
consolidated.
33. Access to public employment for Indians irrespective of their
class, caste, etc.
34. Slavery was abolished.
The Charter Act 35. The Company was to continue possession of territories unless
of 1853 the Parliament provided otherwise.
36. The law member became full time member with right to vote.
37. Patronage system to civil service ended.
38. COD strength was reduced to 18, 6 people were nominated by
British crown.
39. Separated governor general of Bengal from GGI.
40. The legislative wing came to be known as the Indian Legislative
Council.
Government of 41. It is also known as The act of good governance.
India Act 1858
 42. The 1858 mutiny was put down, but it sent shockwaves across
London. It gave a filip that trading companies should not be
allowed to continue as a political power.

Key Features of the act

43. East India Company was liquidated. Indian territories in Britain

IASBABA 2
 ZGVmMjcxYTA3NGI1

PRELIMS EXCLUSIVE PROGRAMME (PEP) 2022 – MODERN HISTORY HANDOUT

were to be governed in the name of the British queen.

44. The Secretary of State would have complete authority and
control over the Indian Administration.
1. He would also act as a channel of communication between
the British government and the Indian Administration.
2. The Secretary of State was to be a British MP and a
member of the Prime Minister's cabinet.
3. The representative of the British government in India was the
Governor General/ Viceroy. (First Viceroy of India: Lord Canning
) The Viceroys were to be assisted by an Executive Council.
4. The Viceroy and the Governors of the various presidencies were
appointed by the Crown.
5. The British Parliament could question the secretary of state in
the Parliament regarding the state of affairs in India.
6. The Indian civil services were to be instituted to assist the
smooth functioning of the administration of the country. There
were provisions for Indians to be admitted into service.
7. The act put an end to the doctrine of lapse as well as abolished
the dual government proposed by the Pitt's India Act of 1784.
8. It was also decided that the remaining Indian Princes would have
their independent status provided they accepted British rule and
British suzerainty.
9. Pardon would be granted to all the Indians who participated in
the mutiny except those who had killed British subjects.
The Indian 10. Following the 1857 Mutiny, there was a widespread belief in
Councils Act England that establishing a government in India without the
1861
 participation of Indians in the administration would be extremely
impossible
11. 1861 Act made a beginning of representative institutions by
associating Indians with the law-making process. It thus
provided that the viceroy should nominate some Indians as non-
official members of his expanded council.
12. Subsequently, three Indians were included in this 1862
Legislative Council - the Raja of Benaras, the Maharaja of
Patiala and Sir Dinkar Rao.
13. It initiated the process of de-centralisation by restoring the
legislative powers to the Bombay and Madras Presidencies.
14. It also provided for the establishment of new legislative
councils for Bengal, North-Western Frontier Province
(NWFP) and Punjab, which were established in 1862, 1866
and 1897 respectively.
15. It recognized the Portfolio System (introduced by Lord Canning
in 1859) under which, a member of the Viceroy’s Council was
made in charge of one or more departments of the Government
and was authorized to issue final orders on behalf of the council
on the matters of the concerned department.
16. Empowered Viceroy to issue ordinances (valid for 6 months)

IASBABA 3
 ZGVmMjcxYTA3NGI1

PRELIMS EXCLUSIVE PROGRAMME (PEP) 2022 – MODERN HISTORY HANDOUT

without the consent of the Legislative Council during an

emergency.
Indian Councils 17. As a result of the developing sense of nationalism, the Indian
Act 1892
 National Congress (formed in 1885) offered a number of
demands to the British government, some of which are
18. ICS test to be held simultaneously in England & India.
19. Reforms to the legislative council, including the adoption
of the election-in-place-of-nomination basis.
20. Military spending should be reduced
21. Ability to have previously forbidden financial chats.
22. Key Provisions of 1892 Act
23. It raised the number of (non-official) members in the Central and
Provincial Legislative Councils while keeping the official majority.
24. Members could now debate the budget without having the
ability to vote on it. They were also barred from asking follow-up
questions.
25. To elect members of the councils, an indirect election system
was implemented. Members of provincial councils could be
recommended by universities, district boards, municipalities,
zamindars, and chambers of commerce.
26. Provincial legislative councils were given more powers, including
the ability to propose new laws or repeal old ones with the
Governor General's assent.
Indian Councils 27. Named after Secretary of State for Indian Affairs Lord John
Act 1909 Morley and the Viceroy Lord Minto
28. The Act amended the Indian Councils Acts of 1861 and 1892.
Also known as Brief Background
Morley-Minto 29. In 1906, the INC demanded home rule for the first time.
reforms. 30. In England, Gopal Krishna Gokhale met with Morley to stress the
importance of changes.
31. In October 1906, a group of Muslim elites called the Shimla
Deputation, led by the Agha Khan, met Lord Minto and
demanded separate electorates for the Muslims and
representation in excess of their numerical strength in view of
‘the value of the contribution’ Muslims were making ‘to the
defence of the empire’.
32. The Indian Councils Act of 1909 was passed to rally the
Moderates in the Indian National Congress & Muslims to its side
Key Features of the Act
33. Increased the size of the legislative councils, both Central (from
16 to 60) and provincial (not uniform).
34. It retained official majority in the Central Legislative Council but
allowed the provincial legislative councils to have non-official
majority.
35. The elected members were to be indirectly elected. The local
bodies were to elect an electoral college, which in turn would
elect members of provincial legislatures, who in turn would elect

IASBABA 4
 ZGVmMjcxYTA3NGI1

PRELIMS EXCLUSIVE PROGRAMME (PEP) 2022 – MODERN HISTORY HANDOUT

members of the central legislature.

36. It enlarged the deliberative functions of the legislative
councils at both the levels. For example, members were allowed
to ask supplementary questions, move resolutions on the
budget, and so on
37. For the first time, it provided for association of Indians in the
executive Councils of the Viceroy and Governors.
38. Satyendra Prasad Sinha became the first Indian to join the
Viceroy’s Executive Council as law member.
39. It introduced a system of communal representation for
Muslims by accepting the concept of ‘separate electorate’.
40. Under this, the Muslim members were to be elected only
by Muslim voters.
41. Thus, the Act ‘legalised communalism’ and Lord Minto
came to be known as the Father of Communal Electorate.
42. It also provided for the separate representation of presidency
corporations, chambers of commerce, universities and
zamindars
Government of Brief Background
India Act 1919 1. In June 1917, Edwin Montagu was appointed Secretary of State
for India. He proposed to the British Cabinet the gradual
Also known as development of free institutions in India leading to ultimate self-
Montagu– government.
Chelmsford 2. Instead of developing free institutions, Lord Curzon advised
Reforms Edwin Montagu to work toward strengthening Indian
participation in every aspect of government and the gradual
creation of self-governing institutions.
3. Therefore, the main objective of the act was to increase Indian
representation in the government.
4. Lord Chelmsford was the Viceroy of India between 1916-21.
Main Features of the Act
1. Introduction of Diarchy at the Provincial Level. Diarchy means a
dual set of governments.
2. Governor & his executive Council (not accountable to
legislature)
3. Ministers nominated from amongst MLAs (accountable to
legislature)
1. Control over provinces was relaxed by demarcating subjects as
‘central subjects’ and ‘provincial subjects
2. The provincial government's subjects were separated into two
divisions.
3. The reserved subjects were under the supervision of the
province's British governor, while the transferred subjects were
assigned to the province's Indian ministers.
4. Local self-government, public works, sanitation, industrial
research, and the establishment of new companies were all on
the Transferred List.

IASBABA 5
 ZGVmMjcxYTA3NGI1

PRELIMS EXCLUSIVE PROGRAMME (PEP) 2022 – MODERN HISTORY HANDOUT

5. Justice Administration, Press, Revenue, Forests, Labour Dispute

Settlements, Water, Agricultural Loans, Police, and Prisons were
among the items on the Reserved List.
6. The Secretary of State and the Governor-General had the
authority to intervene in things covered by the reserved list, but
only to a limited extent w.r.t transferred list.
7. Provincial Legislative Councils were further expanded—70% of
the members were to be elected.
8. The system of communal and class electorates was further
consolidated.
9. Women were also given the right to vote.
10. The Legislative Councils could initiate legislation but the
governor’s assent was required. The governor could veto bills
and issue ordinances.
Legislative Changes
11. Legislature had no power to pass any bill without the assent of
The Viceroy while on the contrary Viceroy could enact a bill
without the legislature assent
12. Bicameralism was introduced in the Central Legislature.
13. The lower house or Central Legislative Assembly would consist of
144 members serving three-year terms (41 nominated and 103
elected—52 General, 30 Muslims, 2 Sikhs, 20 Special)
14. Upper house or Council of State would have 60 members serving
five-year terms. (26 nominated and 34 elected—20 General, 10
Muslims, 3 Europeans and 1 Sikh).
15. The legislators could ask questions and supplementaries pass
adjournment motions and vote a part of the budget, but 75% of
the budget was still not votable.
16. Some Indians found their way into important committees
including finance.

Electoral provision
1. The communal representation was extended to include Sikhs,
Europeans and Anglo-Indians. The Franchise (Right of voting)
was also granted but only to a limited number of people.
2. There was a provision to provide reservation to the non-
Brahmins in Madras and the depressed classes were also offered
nominated seats in the legislatures.
Other Provisions
1. The Act provided for the establishment of a Public Service
Commission in India.
2. The number of Indians in The Executive Council was three out of
eight.
3. It established an office of the High Commissioner for India in
London.
4. In 1921 another change recommended by the report was carried
out when elected local councils were set up in rural areas, and

IASBABA 6
 ZGVmMjcxYTA3NGI1

PRELIMS EXCLUSIVE PROGRAMME (PEP) 2022 – MODERN HISTORY HANDOUT

during the 1920s urban municipal corporations were made more

democratic and “Indianized”.
5. Home rule demand could not be termed as seditious anymore

In March 1919, Rowlatt Act was passed even though every single Indian
member of the Central Legislative Council opposed it. This Act
authorised the Government to imprison any person without trial and
conviction in a court of law, thus enabling the Government to suspend
the right of habeas corpus which had been the foundation of civil
liberties in Britain.
Government of The Government of India Act, 1935 derived material from four key
India Act 1935
 sources viz. Report of the Simon Commission, discussions at the Third
Round Table Conference, the White Paper of 1933 and the reports of
the Joint select committees.
Key Features
 Laid down Federal System of government:
 This act ended the system of dyarchy introduced by the GOI Act
1919 and provided for the establishment of a Federation of India
to be made up of provinces of British India and some or all of the
Princely states.
 It was at the discretion of the state whether it wanted to join the
federation that was given by the Government of India Act, 1935.
 According to this act, India would become a federation if 50% of
Indian states decided to join it. However, the provisions with
regards to the federation were not implemented as the required
number of princely states did not join it.
 Provincial Autonomy
 The provinces were allowed to act as autonomous units of
administration in their defined spheres.
 Furthermore, the Act established responsible governments in
provinces, which compelled the governor to act on the advice of
ministers who were accountable to the provincial legislature.
 This came into effect in 1937 and was discontinued in 1939.
 This, however, does not mean that the Act of 1935 established a
full-fledged responsible Government in the Provinces.
 Ministers did not have complete control over how their
departments were handled. The Governors retained a range of
overriding powers, though they were rarely used
 Division of Subjects
 The approach to form the federation and implement provincial
autonomy paved the way for the division of subjects between
the Centre and the Provinces.
 The division of subjects that were given by the Government of
India Act, 1919 was revised and added some more subjects in it
by this Act of 1935 and included three lists. These were:
o Federal list- 59 items

IASBABA 7
 ZGVmMjcxYTA3NGI1

PRELIMS EXCLUSIVE PROGRAMME (PEP) 2022 – MODERN HISTORY HANDOUT

o Provincial list- 54 items

o Concurrent list- 36 items
 The Act empowered both the federal and provincial legislatures
to enact legislation on certain topics. In the event of a
disagreement, federal law would take precedence
 Dyarchy at the Centre
 The Act of 1935 abolished dyarchy at the Provincial level and
introduced it at the Centre.
 Reserved Subjects– to be administered by the Governor-General
on the advice of the Executive Councillors. Religious affairs,
defense, administration of tribal areas and external affairs were
included in the reserved subjects.
 Transferred Subjects– These subjects was to be administered on
the advice of ministers and the number of ministers could not
exceed 10.
 Bicameral Legislature
 Council of States – Upper House - composed of 260 members of
which 156 were to be representatives of British India while 104
of the Indian states - one-third of its members retiring every 3rd
year.
 The Federal Assembly was the lower house with a tenure of five
years. It was to be made of 375 members -250 were to be
representatives of British India and not more than 125 members
from the princely states.
 Indirect election to the Federal Assembly was planned.
 While nominated members were to fill the seats designated for
princely states, the provinces were allotted various numbers of
seats.
 Bicameralism was also implemented in six of the eleven
provinces (Bengal, Bombay, Madras, Bihar, Assam, and the
United Provinces)
 Communal Electorate
 It further extended the principle of communal representation by
providing separate electorates for depressed classes (scheduled
castes), women and labour (workers).
 The Muslims got 33.3 percent of the seats in the Federal
Legislature although their number was much less.
 Federal Court
 The Government of India Act, 1935 provided for the
establishment of a Federal Court which would interpret the Act
and adjudicate disputes relating to federal matters.
 Appeals from High Courts to the Federal Court and from the
Federal Court to the Privy Council were made possible.
 The Federal Court might also issue Special Leave to Appeal,
although such appeals required a certificate from the High Court.
Other Features

IASBABA 8
 ZGVmMjcxYTA3NGI1

PRELIMS EXCLUSIVE PROGRAMME (PEP) 2022 – MODERN HISTORY HANDOUT

 The Act formed the two new provinces: Sindh (separated from
Bombay) and Orissa (separated from Bengal).
 The Government of India Act 1935 abolished the Council of the
Secretary of State for India, which was created in 1858.
 The Secretary of State was to have advisers in its place. With the
introduction of provincial autonomy the control of the Secretary
of State over Transferred Subjects was greatly diminished. His
control, however, remained intact over the powers of Governor
General and Governors
 This Act placed control of the railway in the hands of a new body
known as the Federal Railway Authority. It was not subject to the
jurisdiction of councillors or ministers.
o The primary goal of establishing this authority was to
reassure British stakeholders that their investment in the
railway was secure.
 It provided for the establishment of a Reserve Bank of India to
control the currency and credit of the country.
 It also provided for the establishment of not only a Federal
Public Service Commission but also a Provincial Public Service
Commission and Joint Public Service Commission for two or
more provinces.
Indian  The Act was passed by the Labour government of Clement Attlee
Independence after the Indian leaders agreed on the Mountbatten Plan.
Act, 1947 Among other things, the Act stated the following-
 It declared India as an independent and sovereign state
 It provided for partition of India and creation of two new dominions-
India and Pakistan
 The Office of the Secretary of State was abolished and his work was
to be taken over by the Secretary of Commonwealth Affairs.
 It abolished the office of viceroy and provided for each dominion, a
governor-general, who was to be appointed by the British King on
the advice of the dominion cabinet
 It empowered the constituent assemblies of the two dominions to
frame and adopt any constitution for their respective nations and to
repeal any act of the British parliament, including the independence
act itself
 It granted the princely states the freedom to join either of the
dominions or to remain independent
 Governance of each dominion was to be conducted based on the
provisions of the GoI act, 1935
 British monarch could no longer ask for bills or veto them. However,
this was reserved for Governor-General.
 Governor-General of the dominions were made to act on the aid and
advise of the council

At the stroke of midnight, British rule came to end in India. Lord

IASBABA 9
 ZGVmMjcxYTA3NGI1

PRELIMS EXCLUSIVE PROGRAMME (PEP) 2022 – MODERN HISTORY HANDOUT

Mountbatten became the first governor-general of the new dominion of

India. The constituent assembly of India formed in 1946 became the
Parliament of the Indian dominion.

Copyright © by IASbaba
All rights are reserved. No part of this document may be reproduced, stored in a retrieval system or
transmitted in any form or by any means, electronic, mechanical, photocopying, recording or
otherwise, without prior permission of IASbaba.

IASBABA 10