THE COMPANY RULE (1773–1858)

Regulating Act of 1773

Background-
1. Rampant corruption
2. Dual form of administration(1765-1772)(By Robert Clive)
3. Lawlessness in Bengal
4. Defeat against Mysore’s Hyder Ali in 1769
Features-
1-Company Retains Possessions
2-British Cabinet Control over Indian Affairs
3- Introduction of Governor-General-Warren Hasting
4- Establishment of Supreme Court -Calcutta
5- Sir Elijah Impey-First Chief Justice.
Defects-
1- No veto power to Governor-General
2- Ineffective in reducing corruption.
3- Supreme Court’s powers not well-defined.
 Pitts India Act, 1784
Features
1. Dual Control System
2. territories termed ‘British possessions’.
3. Court of Directors and Board of Control Established
4. Secret committee-3 directors
5. Governor-general Council- 3 Members(including the
commander-in-chief.)
 Charter Act, 1793:
Features-
1. Extension of Powers to Governor-General
2. Appointments of Senior Officials
3. Payments of Officials-From Indian revenues.
4. Company - 5 lakh pounds to British government
annually.

Charter Act, 1813

Features-
1- Demand of English Traders in indian trade
2- End of Company’s Monopoly
3- Only monopoly of trade with China and trade in tea.
4- Assistance to Learned Natives-1 lakh rs for Revival of Literature and science.
 Charter Act, 1833
Features-

1. Company’s monopoly over trade with China and in tea

ended.
2. European Immigration
3. Introduction of Governor-General of India-William Bentinck
4. Law Commission-Lord Macaulay

Charter Act, 1853

Features-
1-Company’s patronage over the services was dissolved
2- Indian Legislative Council: Local representation

3- law member-full member of governor-general’s executive council.

 Government of India Act, 1858
Features-

1. End of Company Rule

2. Introduction of Viceroy-Lord Canning
3. Codification of laws-Civil Procedure Code (1859), an Indian Penal
Code (1860) and a Criminal Procedure Code (1861)
4. Outcomes of 1857 revolt.
 Indian Councils Act 1861
Features-
1. Indians as non-official members- Raja of Benaras, the maharaja of Patiala
and Sir Dinkar Rao
2. Legislative powers of Bombay and Madras restored
3. New Legislative councils for Bengal, North-Western Frontier Province and
Punjab
4. Portfolio system’ of Lord Canning
5. Ordinances by Viceroy in emergency.

Indian Councils Act 1892

Features-
1- Debate the budget without vote.
2- limited and indirect provision for the use of election
3-Nomination for non-official members to central legislative council
 Morley-Minto reforms, 1909
Features-
1. Non-official majority at the provincial legislature level.
2. Indians in Executive council. SP Sinha
3. System of communal representation-Muslims

GOI Act, 1919

Features-
1. Gradual introduction of responsible government
2. Dyarchy: provincial subjects were divided into- transferred list and reserved list
3. Bicameralism and direct elections.
4. Introduction of Extension of separate electorates
5. High commissioner of India
6. Separation of Provincial budgets
7. Establishment of Central public service commission
8. Statutory commission after 10 years
 Simon Commission: Major recommendations
Features-
• Abolition of dyarchy
• Extension of responsible government in provinces
• Continuation of communal representation
• Establishment of a federation of British India and princely states

GOI Act,1935
Features-
1. Establishment of an All India federation
2. three lists- Federal list, provincial list and the concurrent list.
3. Residuary powers to the Viceroy.
4. Abolition of dyarchy in theFeatures-
provinces and introduced ‘provincial autonomy’.
5. adoption of dyarchy at the centre
6. Bicameralism was introduced in six provinces- Bengal, Bombay Madras, Bihar, Assam and the
United Provinces
7. Separate electorates was further extended to depressed classes, women and labour
8. Federal public service commission, provincial public service commission, joint public service
commission, federal court, Reserve Bank of India
 Indian Independence Act 1947
Features-
1. India as an independent and sovereign state
2. partition of India and creation of two new dominions- India and
Pakistan
3. Abolished the position of secretary of state for India
4. Empowered the constituent assemblies of the two dominions
5. granted the princely states the freedom to join either of the
dominions or to remain independent
6. Governance of each dominion was to be conducted based on
the provisions of the GoI act, 1935
7. Governor-General of the dominions to act on the aid and advise of
the council
 Evolution of Indian Constitution-Prelims Specific
Features-
1. Idea of a constituent assembly - MN Roy
2. Accepted for the first time by the British through their ‘August offer’ of 1940.
3. Composition-1946
4. Total strength of the assembly: 389
5. 296 seats-British India and 93 seats-Princely states
6. 292 seats- 11 governor’s provinces, four from Chief commissioner’s provinces
7. Seats allocated to three principal communities- Muslims, Sikhs and general
8. Representatives of princely states were to be nominated by head of these princely states
9. First meeting - December 9, 1946
10. Dr Rajendra Prasad- President HC Mukherjee- Vice-President
11. Sir BN Rau- Constitutional advisor of the assembly
12. Constituent assembly held 11 sessions over two years, 11 months and 18 days
13. Last session- January 24, 1950
 Evolution of Indian Constitution-Prelims Specific
Features-
• The First Amendment Act of 1951- freedom of speech and expression and Ninth Schedule
to protect laws from judicial review.
• The Seventh Amendment Act of 1956, reorganization of states of India on linguistic lines.
• The Ninth Amendment Act of 1960- Recognized the right to property as a fundamental
right.
• The Twenty-Fourth Amendment Act of 1971-Abolished the privy purse and abolished the
privy council as a court of appeal for the princely states.
• The Thirty-Ninth Amendment Act of 1975, recognized Sikkim as a state of India.
• The Forty-Second Amendment Act of 1976, amended several provisions of the
Constitution, including the Preamble, and added the words “secular” and “socialist” to it.
• The Seventy-Third Amendment Act of 1992, recognized the rights of the scheduled castes
and tribes to participate in local self-governance.
• The Ninety-Fourth Amendment Act of 2006, provided reservations for the scheduled
castes and tribes in the promotion to higher posts in the civil services.
 Features of Indian constitution(Prelims)
Features-
• MAJOR COMMITTEES
1. Union Powers Committee – Jawaharlal Nehru
2. Union Constitution Committee -Jawaharlal Nehru
3. Provincial Constitution Committee -Sardar Patel
4. Drafting Committee – Dr. B.R. Ambedkar
5. Advisory Committee on Fundamental Rights, Minorities and
Tribal and Excluded Areas – Sardar Patel.
6. Rules of Procedure Committee – Dr. Rajendra Prasad
7. States Committee (Committee for Negotiating with States) –
Jawaharlal Nehru
8. Steering Committee – Dr. Rajendra Prasad
 Features of Indian constitution(Prelims)
Features-
MINOR COMMITTEES
1. Finance and Staff Committee – Dr. Rajendra Prasad
2. Credentials Committee – Alladi Krishnaswami Ayyar
3. House Committee – B. Pattabhi Sitaramayya
4. Order of Business Committee – Dr. K.M. Munshi
5. Ad-hoc Committee on the National Flag – Dr. Rajendra Prasad
6. Committee on the Functions of the Constituent Assembly – G.V. Mavalankar
7. Ad-hoc Committee on the Supreme Court – S. Varadachari (Not an Assembly Member)
8. Committee on Chief Commissioners’ Provinces – B. Pattabhi Sitaramayya
9. Expert Committee on the Financial Provisions of the Union Constitution -Nalini Ranjan
Sarkar (Not an Assembly Member)
10. Linguistic Provinces Commission – S.K. Dar (Not an Assembly Member)
11. Special Committee to Examine the Draft Constitution – Jawaharlal Nehru
12. Press Gallery Committee – Usha Nath Sen
13. Ad-hoc Committee on Citizenship – S. Varadachari (Not an Assembly Member)
 Indian Constitution: Features(Mains Specific)
Features-
1. Written and comprehensive
2. Federal system
3. Parliamentary democracy
4. Fundamental rights
5. Directive principles
6. Independent judiciary
7. Amendment process- Part XX (Article 368) of the Constitution of India.
8. Universal adult franchise
9. Single integrated State with Single Citizenship
10. Integrated Judicial system
11. Judicial Review:
12. Basic Structure doctrine:
13. Independent bodies- Election Commission, CAG, Finance Commission
14. Three-tier government- 73rd and 74th amendment act
 Indian Constitution: Borrowing(Prelims)
Government of India Act, 1935
1. The Federal system
2. Office of Governor
3. Judiciary
4. Public Service Commissions
5. Emergency powers etc
Constitution of USA
1. Independence of judiciary
2. Judicial review
3. Fundamental rights
4. Removal of Supreme Court and
High Court judges
5. Preamble
6. Functions of the President and
Vice-president
7. Impeachment of the President
8. Post of Vice-President
Constitution of Britain
1. Law-making procedures/Legislative procedure
2. Rule of law
3. Single citizenship
4. Bicameral Parliamentary system
5. Office of CAG
6. Parliamentary form of Government
7. Parliamentary privileges
8. Cabinet system
9. Prerogative writs
Constitution of Canada
1. Centrifugal form of federalism where the center
is stronger than the states
2. To provide residuary powers to the Centre
3. Supreme Court’s advisory jurisdiction
4. Appointment of state Governors by the Centre
Constitution of Australia
1. The idea of the Concurrent List
2. Trade and Commerce provisions
3. Freedom of trade
4. Joint sitting of the Upper and Lower House
CRITICISM OF THE CONSTITUTION
1. A Borrowed Constitution.
2. Carbon Copy of the 1935 Act-
3. N. Srinivasan- “both in language and substance a
close copy of the Act of 1935”.
4. Un-Indian or Anti-Indian
5. An Un-Gandhian Constitution
6. Elephantine Size
7. Paradise of the Lawyers-Sir Ivor Jennings called it a
“lawyer’s paradise”.