INDEX

1. Regulating Act of 1773 01

The Company Rule (1773–1858)

2. Amending Act of 1781 01

3. Pitt’s India Act of 1784 02

4. Act of 1786 02

5. Charter Act of 1793 02

6. Charter Act of 1813 02

7. Charter Act of 1833 03

8. Charter Act of 1853 03

1. GoI Act of 1858 03

The Crown Rule [1858 – 1947]

2. Indian Council Act of 1861 04

3. Indian Council Act 1892 04

4. Indian Council Act of 1909 04

5. Government of India Act of 1919 05

6. Government of India Act of 1935 05

7. Indian Independence Act of 1947 06

8. Miscellaneous
 Historical Background
British Rule in India

(E1C) Company’s Rule Crown Rule

[1773 – 1858] [1858 – 1947]

The Company Rule (1773–1858)

Importance
• First step by British Parliament to
regulate affairs of East India company
in India
• First time recognised political and
administrative functions of EIC
• L ai d f o u n da ti o n of c e n tra li ze d
administration in India
• Warren Hasting and 4 members of
Executive Council were named in the Act,
la te r ones we re a ppoi n te d by the
Company
Features
• Designated Governor of Bengal as
‘Governor-General (GG) of Bengal’ (1st:
Lord Warren Hastings)
• Executive council of 4 to assist GG
• Made presidencies of Madras and
Bombay subordinate to GG
• Established Supreme court at Calcutta
(1774)
• Private trade of servants &
bribes/presents from ‘natives’: Prohibited
• Court of Director of EIC: report to
British Parliament on civil, revenue and
military matters

2.Amending Act Of 1781

Objective Features
• To rectify the defects of Regulating Act of • Exempted GG (of cial
1773 capacity)/servants of company(of cial
• Jurisdiction of Supreme Court was made capacity)/revenue matters (of company)
clear from jurisdiction of Supreme Court
• Social and religious usage of subjects • Supreme Court to administer personal
was to be honoured. laws: Hindu under Hindu laws and
Muslims under Mohammedan law.
• Supreme court to have jurisdiction over
all inhabitants of Calcutta
• Appeals from provincial court to lie with
GG-in-Council (Not Supreme Court)
Importance
India Act Of 1784
• Company territories: First time called as British possession in India
• British government was given supreme control over Company’s affairs in India
Features
• Commercial and Political functions of company were distinguished
• GG Council to have 3 members (including commander-in-chief)
• Court of Directors (of company) to manage commercial affairs
• Board of Control (new body created): Manage political functions
• Board of Control to supervise all civil, military and revenue matters of company
• General prohibition was placed on aggressive wars and treaties (often breached)

• 1786: Lord Cornwallis was appointed as GG. He demanded 2 things to accept the position
• 1) Power to override GG-in-Council
2) He should also be the Commander-in-chief
• Act was enacted to make both the provisions

Features
• It extended the 1st demand of Cornwallis (above) to all future GGs and Governors of
presidencies.
• Royal approval mandated for appointment of GG, governors and commander-in-chief.
• Revenue administration was separated from judiciary functions
❖ Disappearance of Maal Adalats
• Senior of cial of company debarred from leaving India without permission
❖ seen as resignation
• Gave GG more control over Presidencies – Bombay and Madras
• Trade monopoly of Company extended for 20 years
• Commander-in-chief not to be a member of GG-in-Council unless appointed.
• Members of Board of Control: Paid out of Indian revenue
• Company can give licence of trade to individuals and its own employees to trade in India:
Paved the way for shipment of opium to china

• Business interest in Britain: Pressed for end to company’s monopoly over trade in India
because of: 1) Laissez-faire 2) Continental system by Napoleon (European ports were closed for
Britain)
• Act was aimed at redressing these grievances of business community in Britain
• Features
• Abolished trade monopoly in India (Trade now open to all British merchant)
• Monopoly over trade in tea (in India) and trade with China, continued
• Company rule extended for 20 more years.
• Allowed Christian missionaries to come in India for enlightening the people
• Sum of 1 lakh rupees every year: Promotion and encouragement of education among natives
• Authorised local government to impose taxes on persons (people can be punished for not
Importance
• First time, GoI having authority over entire territorial area (GG of India)
• Climax of centralized administration in India
Features
• Now, GG of Bengal = GG of India (1st= Lord William Bentick)
• GG of India: All civil and military power
• Governor of Madras and Bombay: Deprived of all legislative power (under complete control of
GG)
• Law Minister added to GG’s Council for professional advice on law-making
• Indian laws were to be codi ed
• Laws made under previous Acts were called regulations.
• Laws made under this Act were called Acts
• Ended activities of Company as commercial entity. (now, purely administrative body)
• Attempted to introduce open recruitment for selection of civil services (Later, Negated) --- this
declaration became a sheet-anchor of political agitation in India
• All restriction on European immigration and acquisition of property in India were lifted
paved the way for wholesale European colonisation of India
• Monopoly over trade with China and in tea (in India) also ended
• GoI was urged to take steps towards abolishing slavery (done in 1843)

Importance
• Last of Charter Acts
• Features
• Separated for 1st time: Legislative and Executive functions of GG-in-Council
• For Legislative Purpose: 6 new members added (legislative councillors) – this council was
called as Indian (Central) legislative Council – Functioned as mini-parliament Legislation
rst time became as a specialized function
• Introduced open recruitment system for civil servants (Company’s patronage dismantled)
• Law member became full member of GG’s council
• Extended Company’s rule without mentioning the period
• For rst time: Introduced local representation in Indian legislative council – Of the 6
legislative members, 4 to be nominated by provincial governments.

The Crown Rule [1858 –

1947]

• Act was known as Act for Good Government of India

• India to be governed in the name of Crown through Secretary of State
• Features
• GG of India now designated as Viceroy of India (Direct representative of Crown, 1st: Lord
Canning)
• Ended system of double government started with Pitt’s India Act
• Secretary of State: New of ce created. He was member of British Cabinet and hence
responsible to British Parliament
• 15 member council of India (India Council): to assist SoS (chairman of council). It was an
advisory body
 2. Indian Council Act of 1861

• Aim was to seek cooperation of Indians in administration

Features
• Beginning of representative institutions: Associated Indians with law making process
• Legislative devolution: Restored legislative powers to Madras and Bombay presidencies
• Viceroy to nominate these as non-of cials to Indian legislative council
• Indian legislative council: No real power – no control over budget, cannot discuss
important matters etc.
• Gave recognition to portfolio system (introduced by Lord Canning in 1859): Member of
GG’s-in-Council (Executive Council) were made in-charge of department(s) and were
authorised to issue nal orders on behalf of council in this department(s)
• Empowered viceroy to issue ordinances (6 month life)

Importance
• Act made limited and indirect provision for election: lling non-of cial seats in central
and provincial legislative council (Word election was not used) – process was officially
described as nomination
• INC was formed in 1885: It demanded reform of councils Act was passed as a response to
this

Features
• Increased non-of cials in central and provincial legislative councils (official majority
maintained)
• Increased functions of these councils (Ex: can discuss budget and ask questions)
• Some nomination to central legislature by Viceroy: on recommendation of Bengal chamber
of commerce Principle of representation was introduced
• Some nomination to provincial legislature by Governor: on recommendation of District
boards, universities etc. Principle of representation was introduced

Limitations
• Supplementary question could not be asked
• Budget not voted upon
• Of cial majority retained

• Also called Morley-Minto reform

• Act legalized communalism
• In 1906: Group of Muslim elites – Simla Deputation – led by Agha Khan met Lord Minto
and demanded separate electorate Granted in this Act

Features
• Increased size of Central and Provincial legislatures
• Official majority in central legislature but non-of cial in provincial legislature
• Enlarged power of legislatures (Ex: Can ask supplementary question)
• 1st time: Indian to be associated with executive council of GG. Satyendra Prasad Sinha
was Law Member
• System of Communal Representation (Separate electorate to central legislature): For
 Muslims (Only Muslims can contest and vote)
• Also provided for separate representation: For chambers of commerce, universities etc.

5. Government of India Act of 1919

• British for the rst time in 1917 declared: Objective is to gradually introduce responsible
government in India
• Also called as Montagu-Chelmsford Reforms
• First time introduced bicameralism and direct election.
• These reforms were in response to the Home Rule Movement
• Women for rst time got right to vote

Features
• It separated central and provincial subjects for lawmaking.
• Provincial Subjects were divided: 1) Transferred: administered by Governor with the aid of
ministers who were responsible to legislative assembly 2) Reserved: administered by
Governor and his executive council (not responsible to legislature --------- This system came
to be known as Dyarchy
• Indian legislative council now have 2 houses: 1) Upper House: Council of State 2)
Legislative Assembly: Lower House ------- Majority of members in both houses were directly
elected
• Council of state: Tenure of 5 years and had only male members
• Central legislative Assembly: Tenure of 3 years
• 3/6 members of Viceroy’s executive council (other than commander-in-chief) were to be
Indian.
• Extended Communal representation: now to Sikhs, Christian etc.
• Created new of ce of High Commissioner for India in London
• Provided for public service commission: Central PSC in 1926
• Separated Central and Provincial budgets
• Pay of secretary of state: were being paid out of Indian revenue till now, but under the
Act, they were to be paid by British exchequer from now on. (undoing Act of 1793)

Limitations
• At the level of provinces: Division of subjects was irrational unworkable
• At the centre: Central legislative council had no control over viceroy

6. Government of India Act of 1935

Features
• All India Federation (never came into existence): Provinces + Princely States
• Three list system: Central, Provincial and Concurrent
• Residuary power to Viceroy
• Dyarchy abolished at provincial level Responsible government in provinces (All members
were directly elected)
• Dyarchy at the Central level (Reserved and Transferred subject system) [never became
operational in practice]
• Central Legislature: Elections to Council of state (Permanent body with 1/3rd member
retiring every 3 years) was direct and that to Federal Assembly (5 year duration) was
indirect
• Introduced bicameralism at provincial level
• Extended communal representation: Further to depressed classes, women and workers
• Provided for RBI
• Provided for Federal PSC, Provincial PSC and Joint PSC and Federal Court
• Indian council of Secretary of state was abolished.
 7. Indian Independence Act of 1947

• Feb 1947: British PM Clement Atlee declared that British rule in India would end by June
30 1948
• On June 3 1947: put forward Mountbatten Plan for the partition of India
• Lord Mountbatten was 1st GG of India

Features
• It declared India as independent from August 15, 1947
• Provided for partition of India – 2 dominions to be formed
• Right to secede from British Commonwealth
• Abolished office of Viceroy
• Provided for GG for each dominion who is to be appointed by British King on advice of
dominion cabinet
• Empowered constituent assembly to legislate till constitution is enforced.
• Abolished the office of secretary of state
• Proclaimed lapse of Paramountcy: Freedom to princely states to join: India, Pakistan or
Independent
• Governance till constitution is nalized according to GoI Act of 1935
• GG and Governor were made nominal head and responsible government is introduced at
central and provincial level
• Dropped the title of Emperor of India