Historical Background

Regulating Act of 1773

This was introduced to stop the corruption amongst the servants of the EIC, who were having the rights to do private business.
Due to the public opinion against the company in the Britain Parliamentary committees were created and Regulating Bill was introduced by Lord North.
The Court of Directors who are superior till then were instructed to submit its report on revenue, civil, military issues in India to two British Cabinet ministers i.e.., the Chancellor of Exchequer and Seceretary of State for Political Affairs.
Governor of Bengal —> Governor General of Bengal
Governors of Bombay and Madras independent—> subordinates to Governor General of Bengal.
(GB)—>(GGB + 4 council members) == executive body
Supreme Court @ Calcutta which have 1 chief justice and 3 judges.
First Governor General of Bengal : Lord Warren Hastings.

To rectify it Amendment Act was passed in 1781 also called as Act of Settlement.

Pitts India Act of 1784

Introduced by Lord Pitts Jr. due to failure of Regulating Act giving centralization.
Board of Control was created by British Parliament and made responsible for controlling and regulating EIC.
BOC == 1 President + 6 commissioners.
Secret committee == BOC + 3 from Court of Directors
4 —> 3 council members
GGB becomes subordinate to British Government
Distinguished commercial and political affairs; commercial to COD and political to BOC.
EIC territories —> British possession’s of India.

Act of 1786

Charter Act of 1793

Charter Act of 1813

Free traders of British forced against Monopoly of EIC in India <—> Abolished Monopoly of EIC(except tea, china)
Supported direct rule of British Crown and also free trade.
Britishers, Christian Missionaries were allowed.
1L was set aside for Education in India.

Charter Act of 1833

Completely abolished Monopoly even in tea and with China
To centralize the administration and codify the laws.
EIC was only administrative no commercial affairs.
Act legalised British colonisation on India.
GGB—>Governor General of India : First-> William Bentinck.
- Have civil and military powers
Deprived the Legislative powers of Governors of Bombay and Madras
Council members from 3 to 4 (4th law member)
GGI can repeal any laws, COD under BOC can use veto
Laws are called Acts and needed to be produced before British Parliament.
Measures to mitigate slavery.
Tried to bring Civil services.

Charter Act of 1853

Beginning of Parliamentary system in India i.e.., Legislative and Executive Councils.
COD from 24—>18; 4 by crown.
Separate GGI and GGB, new lieutenant Governor.
COD can appoint Governors.
Law member given equal to other 3
Council for legislative==GGI, Commander in chief, 4 council members, Chief Justice of SC, puisne judge of SC, 4 company servants.
Birth of Civil services in 1854 under regulations under Macaulay recommendations.

Government of India Act 1858

End of the company rule
Secretary of State +15 members Council of India— administration , Governance — British
SoS = BOC+COD
Act for good governance
GGI—>Viceroy, First : Lord Canning
Centralised administration with provincial Govts under GG.
Queen’s Proclamation : Magna Carta, Religious Freedom, No racial discrimination

Indian Councils Act of 1861

Council members —> 5th member(Finance Member)
Association of Indians in Legislative begin and Portfolio system
Viceroy can give ordinances (6 months) in case of emergency, create new provinces and appoint LG.
Decentralisation- Bombay, Madras, Bengal, NWFP, Punjab
Viceroy to nominate Indians as non-official members.
- Lord Canning nominated Raja of Benaras, Maharaja of Patiala, Sir Dinkar Rao

Indian Councils Act of 1892

Beginning of representative form of Govt. due to increase in Legislative members.
Due to rise of Congress and their demands.
Discussion on budget(No vote and No supplementary questions) and reduce Military expenses.
Province Legislature Council can repeal or create new laws with prior info to Viceroy.
Legislative Council = 16 : 6 Executive council members, 6 official and 5 non official by Viceroy, 4 indirectly elected by PLC of Bengal, Bombay, Madras, NWFP, 1 nominated by Calcutta Chamber of Commerce.

Indian Councils Act of 1909

Minto Morley Reforms
Indian Representative increased in Legislative first time elected from election.
First Indian into Viceroy Executive Council(6) : Satyendra Prasad Sinha(Law Member)
Legislative Council : 16 —> 60 (official, non-official, elected)
Separate Electorate : Only Muslims can elect Muslim leaders (Lord Minto:”Father of Communal Electorate”)
Discussion on Budget including Supplementary questions and move resolutions

Government of India Act 1919

Montague Chelmsford Reforms.
Introduction to Responsible Government.
Montague Declaration : to increase Indians in administration and improve self governing institutions.
Division of subjects between Central and State (Central and Provincial)
Diarchy at Provincial level : Reserved(Governor with aid of Executive Council) and Transferred(Governor with aid of Indian Ministers)
Executive council have 3 Indians out of 6
Bicameral Legislature : Legislative Assembly Lower House(tenure:3 yrs)(26 official and 15 non-official and 104 elected) ; Council of State Upper House(tenure:5 yrs)(33 elected and 17 official and 10 non official)
Communal electorate also to Sikhs, Indian Christians, Anglo Indians and Europeans.
Provincial Budget separated from Central Budget.
Joint committees, Joint conferences and Joint sittings (when deadlock)
President present powers—> Viceroy
No universal and woman franchise.
Provision for Public Service Commission to recruit civil servants.

Simon Commission 1927

7-member commission(no Indian) headed by John Simon came to India in Nov 1927 to make the next Act
Recommendations
- Abolition of Diarchy
- Responsible Government in Provinces
- Federation of British India and Princely states
- Continuation of Communal Electorate
- White paper constitutional reforms

Communal Award 1932

Ramsay proposed the ‘August Offer’ Representation of minorities extended to depressed classes
Gandhi in Yervada jail opposed it first and later brought into agreement by Ambedkar by reservation of seats

Government of India Act 1935

Lengthy document (321 sections and 10 schedules)
Federation of India = Provinces of British India and some Princely states = 11 British Provinces + 6 Chief Commissioners Provinces + Princely States (Never existed)
Provincial Autonomy : Provincial Ministers made responsible
Federal(59), Provincial(54), Concurrent(36) Lists.
Residuary Powers with Viceroy (present at center)
Ended diarchy in provinces
Diarchy at centre started = Federal : Reserved (GG+3 counsellors) and Transferred (GG + COM)
Bicameral Legislature : Legislative Assembly Lower House(tenure:5 yrs)(375 members) ; Council of State Upper House(1/3rd retiring 3rd yr)(260 members)
Extended Communal representation to woman, depressed class, labour
Abolished Council of India and gave groups advisors to Secretary of State
Established Federal Court(1+6) : disputes between Federal Legislative issues.
Extended Franchise to nearly 10%
Establishment of RBI, Separate Burma

Indian Independence Act 1947