INDIAN POLITY
CONSTITUTIONAL DEVELOPMENT UNDER BRITISH CROWN
Government of India Act (1858)
As a result of the Sepoy Mutiny, the power to govern was transferred from the East Indian Company to the British Crown.
A post of Secretary of State (a member of British Council) for India was created. He was assisted by a 15 Member Council (called Indian Council). He was to exercise the powers of the crown.
The Board of Control and the court of directors were abolished. The Governor-General was given the title Viceroy. He represented the Secretary of State, who was assisted by an Executive Council which consisted of high officials of the government.
The viceroy’s status was reduced to a subordinate authority in relation to the British government in matters of policy as well as execution of policy. He was aided by an Executive Council of 5 members, who were heads of different departments.
Indian Council Act (1861)
Provincial Legislative Council members introduced. The Council of Governors was known as the Imperial Legislative Council. Non-official (Indians) were added.
Portfolio system was introduced. High Courts (1865) established (High Court Act, 1861). Indian Civil Service Act, 1861 was passed.
Indian Council Act (1892)
* It provided for nomination of some non-official members to the Central Legislative Council and Provincial Legislative Council.
* This act made the provision for election for filling some non-officials seats in central and provincial legislative councils for the first time in the constitutional development of India.
Morley-Minto Reforms (1909)
The Morley-Minto Reforms or the Indian Council Act, 1909. Separate electorate for Muslims was introduced.
Direct election (non-official members who are directly elected). They could discuss the budget and also cross questioning could be done.
A bicameral legislature at the center was provided. Dyarchy in the province which unlike its dictionary means two bodies: Transferred and Reserved.
Separate electorates were further extended to Sikh in the Punjab and non-Brahmins in Chennai. The Right to Vote for women was provided.
Government of India Act (1919)
This is also known as Montague-Chelmsford Reforms, after the secretary of state Edwin Montague and the Viceroy Chelmsford.
The Executive Council was enlarged and the Central Legislature was thoroughly remodelled and made bicameral, two chambers being the Council of State and the Legislative Council.
The legislature had virtually no control over the Viceroy and his Executive Council while the Central Government had unrestricted control over the Provincial Government. The Act introduced dyarchy or dual government in the provinces.
The Government of Indian Act (1935)
The act provided for the establishment of an all India Federation. It divided the powers into three lists
i) Federal List
ii) Provincial List and
iii) Concurrent List
* Residuary powers were with the
Governor-General.
* The Act of 1935 introduced the provincial autonomy and abolition of Dyarchy. The provincial legislatures were made bicameral for the first time in 6 provinces (i.e. Bengal, Madras, Bombay, Uttar Pradesh, Bihar and Assam).
The Indian Independence Act (1947)
The act provided for the setting up of two independent dominions, to be known as India and Pakistan from 15th August, 1947.
The territories of the dominion of India would include the whole British India exclusive of the territories consisting Pakistan. The legislature of each dominion would have full power to make laws for that dominion.
With effect from 15th August, 1947, the British Government would cease to have any responsibility for the Government of Britain. India and all treaties and agreements between his majesty’s government and the rulers of Indian states.
The two dominions as the provinces would be governed as nearly as may be in accordance with the Act of 1935.
Provision was made for the division of the armed forces and the civil services between the new dominions. Each dominion would exercise authority over its armed and civil services.
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