HISTORICAL

BACKGROUND OF INDIAN
CONSTITUTION - 2
 OVERVIEW:

 Crown Rule :
1. GOI Act 1858
2. Indian Councils Act 1861
3. Indian Councils Act 1892
4. Indian Council Act 1909
5. GOI Act 1915
6. GOI Act 1919
7. Simon Commission
8. GOI Act 1935
9. Indian Independence Act 1947
 COMPANY RULE (1773-1858) 
CROWN RULE (1858-1947)

BACKGROUND

 MAY , 1857  Revolt of 1857 erupted.

 Structural administrative problems of EIC got highlighted.
 Military inefficiency of EIC came to the notice of British
Parliament.
 COMPANY RULE (1773-1858) 
CROWN RULE (1858-1947)
BACKGROUND

 British Govt. now wanted direct control over India’s

administration.
 August 2 , 1858  GOI Act , 1858 was passed
 Thereby , EIC was abolished & all its powers transferred to British
crown.
 Thereby, Company Rule ended & Crown Rule started
 Government of India Act 1858

 Abolished EIC & transferred power to British Crown.

 Also known as “ Act for Good Govt. “ of India.
 GG. Of India’s designation  Changed  Viceroy of
India
First Viceroy  Lord Canning

 Ended system of double govt , by abolishing Board of

Control & Board of Directors.
 Government of India Act 1858

 It created office of Secretary of state for India

 Member of British Cabinet

 1st Secretary of State  Responsible to British
for India  Lord Parliament.
Stanley

 Established 15 member council of India to assist the

secretary of state for India .
 Indian Council Act 1861

 Made beginning of representative institutions by

associating Indians with law making process.

 Viceroy will nominate some Indians as Non-

Official members.
 Raja of Benaras
 Nominated 3 Indians :  Maharaja of Patiala
 Sir Dinkar Rao
 Indian Council Act 1861

 Decentralized legislative powers of the Governor

General’s Council  Vested them in the Govt. of
Bombay & Madras.
 Established new legislative councils for Bengal ,
North-Western provinces & Punjab.
 Act gave recognition to Portfolio system.
 Indian Council Act 1892
 Background :

Pressure of Indian National Congress , which came into

game in 1885.

 Empowered legislative council with :

 Power of discussing budget.
 Power of addressing questions to executive.
 Indian Council Act 1892

 Non- official members of Indian Legislative Council 

Nominated by Bengal Chamber of Commerce & Provincial
Legislative Councils.

 Non-official members of Provincial legislative council 

Nominated by local bodies such as Universities, zamindars ,
municipalities etc.
 Indian Council Act 1909
 Background :

 Bengal partition  Lord Curzon in 1905.

 All India Muslim League  Jinnah in 1906
 Also known as “ Morley-Minto Reforms ”.
 Increased the size of legislative council from 16  60
 Provided for the association of Indians with executive
council of Viceroy & Governors.

Satyendra Prasad Sinha  First Indian to join Viceroys Executive Council

 Indian Council Act 1909
 Provided for separate representation of presidency
corporations , chamber of commerce , universities &
zamindars.
Divide
 Introduced a system of Communal representation. & Rule
 Gives separate electorate to Muslims.
 “ Legalized communalism ”  Muslim members
were elected by Muslim Voters only.
 Government of India Act 1919
 Background :

 World War I came to end.

 Britishers became weak.
 Mahatma Gandhi came from South Africa
 Congress raised demand of Provincial Autonomy.

Division of
Bicameralism
Power
 GOI Act 1919 Few powers of
Secretary of State
transferred to High
Commissioner

 Created new office of High Commissioner for India in

London.
 Established Central Public Service Commission in 1926.
 Act provided voting rights to Indian Women.
 Extended Communal electorates for Sikhs , Christians ,
Anglo-Indians & European.
 Separated provincial Budget from Central Budget,
 GOI Act 1919
 Introduced Dyarchy at Provincial Level :

Form of Government where power is divided between

authoritarian ( Selected ) & responsible ( Elected ) section.

Provincial
Administered by
Governor with aid of
Subjects Administered by Governor &
his executive council  Not
ministers  Responsible responsible to Legislative
to Legislative Council Council
Transferred Reserved
Subjects Subjects
 GOI Act 1919
 Governor was empowered to reserve a Bill for the
consideration of the Governor General if it was related to
some specified matters.
 Indian Legislature was made “ Bi-cameral ”.
 Upper house was named “Council of States ”.
 Lower house was named “ Legislative Assembly ”.
 Appointment of statutory commission to report on “GOI
1919” working after 10 years.
Nov. 1927  Simon
Commission
 GOI Act 1919

 The Governor General’s overriding powers in respect of

Central Legislation were retained as follows :

 His prior sanction was required to introduce Bills

relating to certain matters.
 He had Veto powers.
 He could make Ordinance .
 He had power of certifying Bill or any grant refused by
Legislature.
 Simon Commission
 Nov. 1927  Seven member committee under the
Chairmanship of Sir John Simon.
 All members were Britishers  Therefore , political party
boycotted it.
 Recommendation :

 Abolition of dyarchy.
 Extension of responsible govt. in provinces.
 Continuation of communal electorate.
 GOI Act 1935
 Background :

• Growing demand of constitutional reforms in India by

Indian leaders.

• Act was based on :

• Simon Commission report.

• Recommendation of Round Table Conference.
• Joint select committees report.
 GOI Act 1935
 Longest Act enacted by British Parliament at that time.
 Act separated Burma from India & two new provinces of
Sind & Orissa were created.
 Creation of an All India Federation :

 Federation was to consist of British India & Princely

States.
 Not compulsory for princely states.
 Federation never materialized  Lack of support from
princely states.
 GOI Act 1935

 Act divided legislative powers between centre & provinces.

 Abolished Dyarchy at provinces  Introduced “Provincial
Autonomy” in its place.
 Governor was reqd. to act with advice of ministers
responsible to Provincial Legislature.
Central
 Introduced dyarchy at central Level. Subjects

Transferred Reserved
Subjects Subjects
 GOI Act 1935

 Introduced bicameralism in six out of 11 British India Provinces.

 Apart from Governor General’s power of veto , a Bill passed by
the Central Legislature was also subjected to Veto by the
Crown.
 A federal railway authority established.
 Extended communal electorate for SCs , Women & Labours.
 Establishment of FPSC , PPSC & JPSC.
 Establishment of RBI.
 GOI Act , 1935 – ( 1942 )  Cripps Mission -- ( 1946 )
 Cabinet Mission Plan – ( 1947 )  Mountbatten
Plan  Indian Independence Act , 1947

To be covered in Lecture 03 
Making of Indian Constitution
 Indian Independence Act 1947

 Ended British rule in India & declared India as an independent

7 sovereign state.
 Partitioned India into two independent dominions of India &
Pakistan.
 Abolished office of viceroy  Provided for Governor General
appointed by British King on advice of dominion cabinet.
 Empowered constituent assemblies to frame & adopt any
dominion.
 Indian Independence Act 1947

 Abolished office of secretary of State for India  Transferred

its powers to secretary of state for Commonwealth affairs.
 Doctrine of Paramount & British Suzerainty over princely
states was to end.
 Dropped the title of Emperor of India from royal titles of the
King of England.