Historical Background of the Indian Constitution

🏛️ Introduction

The Indian Constitution did not emerge suddenly. It evolved over time, shaped by several Acts passed by the British Parliament. These Acts gradually introduced administrative, legislative, and constitutional reforms in India. Understanding this historical background helps us see how the foundations of modern governance in India were laid.


⚖️ Regulating Act of 1773

🔹 Background

  • The East India Company had become politically and economically powerful after the Battle of Plassey (1757) and Battle of Buxar (1764).
  • However, corruption and mismanagement in Bengal forced the British Parliament to regulate the Company’s affairs.

🔹 Key Provisions

  • Governor of Bengal became Governor-General of Bengal (first: Warren Hastings).
  • Executive Council of 4 members was established to assist the Governor-General.
  • Supreme Court set up at Calcutta (1774) – first British court in India.
  • Company’s officials were prohibited from engaging in private trade or accepting bribes.
  • British Government gained the right to regulate the Company’s activities.

🔹 Significance

  • First step by the British Government to control and regulate East India Company’s affairs.
  • Laid the foundation for central administration in India.

🏛️ Pitt’s India Act, 1784

🔹 Background

  • The Regulating Act failed to control corruption and conflicts between the Company and the British Government.

🔹 Key Provisions

  • Dual control established:
    • Court of Directors (Company) → Commercial functions.
    • Board of Control (British Government) → Political and administrative control.
  • The Governor-General’s powers increased, making him more powerful over provinces.
  • Indian territories were called “British possessions in India”.

🔹 Significance

  • First clear distinction between commercial and political functions.
  • Laid foundation for British Government’s direct control over Indian administration.

📜 Charter Acts (1813, 1833, 1853)

🔹 Charter Act of 1813

  • Ended East India Company’s trade monopoly, except in tea and China trade.
  • Allowed Christian missionaries to propagate religion in India.
  • Company’s revenue to be used for education (₹1 lakh per year).

🔹 Charter Act of 1833

  • Made the Governor-General of Bengal → Governor-General of India (first: Lord William Bentinck).
  • Ended Company’s commercial activities completely; became purely administrative.
  • Introduced law-making powers for the central legislature for the whole of India.
  • Attempted to create a centralized administration.

🔹 Charter Act of 1853

  • Separated legislative and executive functions of the Governor-General’s Council.
  • Introduced open competition for recruitment to civil services (based on merit).
  • Extended the Company’s rule without specifying a time limit.

🔹 Significance

  • Marked gradual centralization of power.
  • Prepared ground for a civil service system and legislative development.

🏛️ Government of India Acts

⚖️ Government of India Act, 1858

  • Passed after the Revolt of 1857.
  • Company rule ended, and India came under direct control of the British Crown.
  • Secretary of State for India created, assisted by a Council of India (15 members).
  • Governor-General became Viceroy of India (first: Lord Canning).
  • Civil services continued under Crown control.

Significance:

  • Beginning of direct British rule in India.
  • Crown’s authority formally established.

⚖️ Indian Councils Act, 1909 (Morley-Minto Reforms)

  • Increased size of Legislative Councils (both Central & Provincial).
  • Introduced election of Indian members for the first time.
  • Introduced Separate Electorates for Muslims.
  • One Indian appointed to Viceroy’s Executive Council (Satyendra Prasad Sinha – first Indian member).

Significance:

  • Beginning of indirect representation and communal politics.

⚖️ Government of India Act, 1919 (Montagu-Chelmsford Reforms)

  • Introduced Diarchy in provinces:
    • Transferred subjects (education, health, agriculture) – handled by Indians.
    • Reserved subjects (law & order, finance) – handled by British officials.
  • Introduced bicameral legislature at the Centre (Legislative Assembly & Council of State).
  • Increased Indian participation through expanded franchise.
  • Provided for a Public Service Commission.

Significance:

  • First systematic attempt at decentralization and responsible government in provinces.

⚖️ Government of India Act, 1935

  • Most comprehensive law before Independence.
  • Proposed All-India Federation (never implemented).
  • Introduced Provincial Autonomy – provinces had full control over their departments.
  • Introduced Bicameral Legislatures in some provinces.
  • Established Federal Court (1937).
  • Provided for Reserve Bank of India (RBI).
  • Extended franchise to about 10% of population.

Significance:

  • Blueprint of the Indian Constitution.
  • Many features of the present Constitution (federal system, PSC, RBI, etc.) were borrowed from this Act.

🇮🇳 Indian Independence Act, 1947

  • Ended British rule in India.
  • Declared India and Pakistan as two independent dominions.
  • Each dominion to have its own Governor-General and Constituent Assembly.
  • Abolished the office of Secretary of State for India.
  • British Parliament’s control over Indian affairs ended completely.
  • Constituent Assemblies to frame new Constitutions.

Significance:

  • Legal foundation of India’s independence.
  • Marked the end of British sovereignty in India.

đź§­ Summary Table

ActYearKey Feature
Regulating Act1773First step to regulate Company’s rule
Pitt’s India Act1784Dual control – Company & British Govt.
Charter Act1813Ended trade monopoly
Charter Act1833Centralized administration
Charter Act1853Open competition in civil services
Govt. of India Act1858Crown’s rule started
Indian Councils Act1909Separate electorates for Muslims
Govt. of India Act1919Diarchy in provinces
Govt. of India Act1935Provincial autonomy & RBI
Indian Independence Act1947Independence of India & Pakistan

đź§© Practice Questions

🟢 Objective Question

Q1. Which of the following Acts introduced the system of “Diarchy” in provinces?
A. Government of India Act, 1858
B. Indian Councils Act, 1909
C. Government of India Act, 1919
D. Government of India Act, 1935

Answer: âś… C. Government of India Act, 1919

Explanation:
The Act of 1919 introduced Diarchy – division of subjects between British officials and Indian ministers in provinces.


đźź  Descriptive Question

Q2. Discuss how the Government of India Act, 1935, laid the foundation for the modern Indian Constitution.

Answer:
The Government of India Act, 1935, was the most detailed constitutional framework before independence. It introduced federalism, provincial autonomy, public service commissions, and the Reserve Bank of India. Many features of the present Constitution—like the federal structure, distribution of powers, and administrative systems—are inspired by this Act. Thus, it acted as a blueprint for India’s modern democratic governance.


đź§  Quick Revision Tip:

Remember the sequence: 1773 → 1784 → 1813 → 1833 → 1853 → 1858 → 1909 → 1919 → 1935 → 1947

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