Polity

Topic 1:Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions, and basic structure. 

1)Historical underpinnings:

1. The Company Rule (1773 – 1858)

2. The Crown Rule (1858 – 1947)

The Company Rule (1773 – 1858):

Regulating Act of 1773:

• recognized, for the first time, the political and administrative functions of the Company.
• Centralisation.

Features:

• Governor-General of Bengal: 1st Lord Warren Hastings
• Bombay and Madras presidencies subordinate to the governor-general of Bengal.
• Supreme Court at Calcutta (1774) comprising one chief justice and three other judges.
• prohibited private trade.
• Court of Directors to report on its revenue, civil and military affairs in India.

Amending Act of 1781: Act of Settlement

The features:

• exempted the Governor-General and the Council from the jurisdiction of the Supreme Court, also servants of the company.
• excluded the revenue matters, matters arising in the collection of revenue from the jurisdiction of the Supreme Court.
• empowered the Governor-General-in council to frame regulations for the Provincial Courts and Councils.

Pitt’s India Act of 1784: 

The features:

• distinguished between the commercial and political functions of the Company.
• system of double government.(ended in Government of India Act of 1858)
• Court of Directors to manage the commercial affairs
• Board of Control to supervise and direct all operations of the civil and military government or revenues.
• British possessions in India - used first time

In 1786, Lord Cornwallis was appointed as the Governor-General of Bengal.

Charter Act of 1793:

The features:

• overriding power is given to Lord Cornwallis over his council.
• twenty years -extended the trade monopoly
• salary to be paid out of the Indian revenues.

Charter Act of 1813:

The features:

• abolished the trade monopoly of the company in India.
• continued the monopoly of the company over trade in tea and trade with China.
• allowed the Christian missionaries to come to India.
• spread of western education
• Local Governments in India to impose taxes on persons.

Charter Act of 1833: final step towards centralization

The features

• Governor-General of India: Lord William Bentick
• East India Company: became a purely administrative body.
• Exam: opposition from the court of directors 

Charter Act of 1853:

The features:

• separated, for the first time, the legislative and executive functions of the Governor-General’s council.
• six new members called legislative councillors to the council.
• open competition system of selection and recruitment of civil servants-Macaulay Committee.
• extended the Company’s rule-did not specify any particular period,
• first time, local representation in the Indian (Central) Legislative Council.

THE CROWN RULE (1858–1947)

Government of India Act of 1858 

• abolished the East India Company
• transferred the powers of Government, territories and revenues to the British Crown.

The features:

• Governor-General of India to that of Viceroy of India: Lord Canning.
• ended the system of double Government(started in Pitt’s India Act of 1784).
• new office, Secretary of State for India
• 15-member council of India to assist the Secretary of State for India.
• constituted the Secretary of State-in Council 

Councils Acts:

• three acts were enacted by the British Parliament in 1861, 1892 and 1909.

Indian Councils Act of 1861:

The features:

• Viceroy should nominate some Indians as non-official members of his expanded council. nominated three Indians to his legislative council–the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao.
• decentralisation 
• new legislative councils for Bengal(1862), North-Western Provinces(1886) and Punjab(1897).
• ‘portfolio’ system -Lord Canning
•  Viceroy to issue ordinances -life of such an ordinance was six months.

Indian Councils Act of 1892 

The features:

• increased the number of additional (non-official) members in the Central and provincial legislative councils, but maintained the official majority in them