Company Rule (1773-1858)

Arrival & Trading Rights (1600-1765): British East India Company arrived in
1608, granted exclusive trade rights by Queen Elizabeth I in 1600. Gained
"diwani" (revenue and civil justice rights) in Bengal, Bihar, and Orissa in
1765.

Administrative Evolution: Company developed a framework for governance

over territories, establishing the basis for British influence.

Crown Rule (1858-1947)

British Government Control (1858): After the 1857 Sepoy Mutiny, the British
Crown took direct control, ending the Company’s rule and formalizing British
administration.

Legal & Administrative Legacy: British laws created a structured

administration in India, influencing future Indian governance.

Independence & Constitution (1947-1950)

Independence (1947): India gained independence on August 15, 1947.

Constitution Drafting (1946-1950): The Constituent Assembly drafted the

Indian Constitution, implemented on January 26, 1950, incorporating many
elements from British rule.

Regulating Act of 1773

Significance: First British government attempt to regulate the East India

Company, recognizing its political and administrative role and laying the
foundation for central administration in India.

Key Features:

1. Governor-General of Bengal: Established position with an Executive

Council of four members to assist; Lord Warren Hastings was the first
Governor-General.
2. Subordination of Presidencies: Made Governors of Bombay and Madras
subordinate to the Governor-General of Bengal, ending their prior
independence.
 3. Supreme Court at Calcutta (1774): Created with one Chief Justice and
three judges to oversee justice.
4. Prohibition on Private Trade: Company servants were banned from
private trade and accepting gifts or bribes from locals.
5. Increased British Government Control: Required the Court of Directors
to report regularly on revenue, civil, and military affairs in India.

Amending Act of 1781 (Act of Settlement)

Purpose: Addressed issues in the Regulating Act of 1773.

Key Features:

1. Exemption from Supreme Court: Governor-General, Council, and

Company servants were exempt from Supreme Court jurisdiction for
official actions.
2. Revenue Matters Excluded: Supreme Court had no jurisdiction over
revenue collection issues.
3. Personal Law Adherence: Supreme Court required to follow the
personal laws of defendants (Hindu or Mohammedan law).
4. Appeals Process: Appeals from Provincial Courts went to the Governor-
General-in-Council, not the Supreme Court.
5. Regulation Power: Allowed Governor-General-in-Council to create
regulations for Provincial Courts and Councils.

Pitt’s India Act of 1784

Purpose: Improved governance by distinguishing the Company’s commercial

and political functions.

Key Features:

1. Double Government System: Court of Directors managed commercial

affairs; a new Board of Control managed political affairs.
2. Board of Control’s Authority: Gained control over civil, military, and
revenue operations in India.

Significance: First time Company’s territories were termed “British

possessions in India,” giving the British government supreme control.
Act of 1786

Purpose: Enacted to meet Lord Cornwallis’s conditions as Governor-General

of Bengal.

Key Features:

1. Power to Override Council: Governor-General given power to override

Council decisions in special cases.
2. Commander-in-Chief: Allowed the Governor-General to also serve as
Commander-in-Chief.

Charter Act of 1793

Extended Authority: Gave future Governors-General and Presidency

Governors the power to override their councils.

Governor-General Control: Strengthened control over Bombay and Madras

Presidencies.

Trade Monopoly: Extended the Company’s trade monopoly in India for 20

more years.

Commander-in-Chief: Not required to be part of the Governor-General’s

council unless appointed.

Board of Control Payment: Members and staff paid from Indian revenues.

Charter Act of 1813

Abolished Trade Monopoly: Opened Indian trade to all British merchants,

except for tea and trade with China.

British Sovereignty: Reasserted Crown’s sovereignty over Company

territories.

Missionary Entry: Allowed Christian missionaries to spread education.

Western Education: Supported the spread of Western education in British
territories.

Taxation Authority: Local governments could impose taxes and punish

defaulters.

Charter Act of 1833

Governor-General of India: Established the position with full civil and military
powers; Lord William Bentinck was the first.

Centralized Legislation: Gave Governor-General of India exclusive legislative

power over British India; laws made were now called “Acts.”

Company’s Commercial Role Ended: East India Company became solely an

administrative body.

Civil Services Reform Attempt: Proposed open competition for civil services
and allowed Indians eligibility, though blocked by opposition.

Charter Act of 1853

Separation of Powers: Separated legislative and executive functions of the

Governor-General's Council, creating the Indian (Central) Legislative Council
as a separate legislative body with procedures similar to the British
Parliament.

Open Civil Service Recruitment: Introduced open competition for civil service
recruitment, allowing Indians to join. The Macaulay Committee was formed in
1854 to implement this.

Company’s Rule Extended Indefinitely: Allowed the Company to retain Indian

territories on trust for the Crown without specifying a timeframe, signaling
that its rule could end at Parliament's discretion.

Local Representation: For the first time, introduced local representation in

the Central Legislative Council, with four of the six new legislative members
appointed by the provincial governments of Madras, Bombay, Bengal, and
Agra.
Government of India Act of 1858

End of East India Company Rule: Transferred governance, territories, and

revenues from the Company to the British Crown.

Viceroy of India: Changed the Governor-General’s title to Viceroy, the

Crown’s direct representative in India. Lord Canning was the first Viceroy.

Abolition of Double Government: Ended the Board of Control and Court of

Directors.

Secretary of State for India: Created an office with full control over Indian
administration, assisted by a 15-member advisory Council of India.

Legal Entity: Secretary of State-in-Council could be sued in India and

England.

Indian Councils Act of 1861

Indian Representation: Allowed the Viceroy to nominate Indians as non-

official members of his council. In 1862, the Raja of Benaras, Maharaja of
Patiala, and Sir Dinkar Rao were appointed.

Decentralization: Restored legislative powers to Bombay and Madras,

initiating legislative devolution, leading to provincial autonomy by 1937.

New Legislative Councils: Established legislative councils for Bengal (1862),

North-Western Provinces (1886), and Punjab (1897).

Portfolio System: Recognized the system allowing council members to head

departments and issue orders on departmental matters.

Ordinance Power: Viceroy could issue ordinances without council concurrence

in emergencies, valid for six months.

Indian Councils Act of 1892

Increased Non-Official Members: Added more non-official members to Central

and provincial councils, while maintaining an official majority.
Expanded Council Functions: Allowed councils to discuss budgets and ask
questions to the executive.

Indirect Election System: Non-official members were nominated based on

recommendations from various bodies (e.g., district boards, municipalities),
though the term “election” was not used.

Indian Councils Act of 1909 (Morley-Minto Reforms)

Expanded Council Size: Increased members in Central (16 to 60) and

provincial legislative councils, with provincial councils gaining a non-official
majority.

Enhanced Deliberative Powers: Members could ask supplementary questions

and move budget resolutions.

Indians in Executive Councils: Allowed Indian representation in the Viceroy’s

and Governors’ executive councils; Satyendra Prasad Sinha became the first
Indian member as Law Member.

Separate Electorates for Muslims: Introduced communal representation,

allowing only Muslims to vote for Muslim candidates, leading to “separate
electorates.”

Additional Separate Representation: Provided for presidency corporations,

chambers of commerce, universities, and zamindars.

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

1. Central and Provincial Subjects: Classified administration into central

and provincial subjects; facilitated delegation from center to provinces
through “Devolution Rules.”
2. Dyarchy in Provinces: Divided provincial subjects into “transferred”
(e.g., public health, education) managed by ministers responsible to
the legislative council, and “reserved” (e.g., police, finance) handled by
the Governor without council responsibility.
 3. Bicameral Legislature & Direct Elections: Introduced a bicameral
legislature with the Council of State (Upper House) and Legislative
Assembly (Lower House), with direct elections for the majority of
members.
4. Increased Indian Representation: Required three of six members of the
Viceroy’s Executive Council to be Indian.
5. Extended Communal Representation: Added separate electorates for
Sikhs, Indian Christians, Anglo-Indians, and Europeans.
6. Limited Franchise: Granted voting rights based on property, tax, or
qualifications.
7. High Commissioner for India in London: Created this office, transferring
some functions from the Secretary of State.

8. Public Service Commission: Established a Central Public Service

Commission in 1926 for civil service recruitment.
9. Separate Budgets: Provincial budgets were separated from the Central
budget, with provincial legislatures authorized to enact them.
10. Statutory Commission: Provided for a commission to review the
Act’s functioning after ten years.
11. Chamber of Princes: Established in 1921 with 120 members,
allowing consultation on matters of common interest among princely
states.

Simon Commission (1927)

1. Formation: A seven-member British commission, led by Sir John Simon,

to review India’s governance under its new constitution.
2. Boycott: All Indian parties boycotted the commission due to its all-
British membership.
3. Recommendations (1930 Report): Suggested abolishing dyarchy,
expanding responsible government in provinces, establishing a
federation of British India and princely states, and continuing
communal electorates.
4. Round Table Conferences: Three conferences held to discuss the
proposals, resulting in the “White Paper on Constitutional Reforms.”
 5. Impact: Formed the basis for the Government of India Act of 1935.

Communal Award (1932)

1. Announcement: British PM Ramsay MacDonald introduced it to

represent minorities, including Muslims, Sikhs, Christians, Anglo-
Indians, Europeans, and extended to depressed classes (Scheduled
Castes).
2. Gandhi’s Opposition: Gandhi opposed separate electorates for
depressed classes, leading to his fast in Yerawada Jail.
3. Poona Pact (1932): Agreement between Congress and Dr. B.R.
Ambedkar, retaining joint Hindu electorates with reserved seats for
depressed classes.

4. Outcome: British Government modified the Communal Award to

incorporate Poona Pact terms, which influenced the Government of
India Act of 1935’s legislative structure.

Government of India Act of 1935

1. All-India Federation: Proposed a federation of provinces and princely

states, dividing powers into three lists: Federal (59 items), Provincial
(54 items), and Concurrent (36 items). The federation did not come
into being as princely states did not join.
2. Abolition of Dyarchy: Replaced dyarchy with “provincial autonomy,”
giving provinces more administrative power and responsible
government. Governors had to act on the advice of provincial ministers
(effective in 1937, discontinued in 1939).
3. Dyarchy at the Centre: Divided federal subjects into reserved and
transferred categories, but this provision was not implemented.
4. Bicameralism: Introduced bicameral legislatures in six provinces
(Bengal, Bombay, Madras, Bihar, Assam, United Provinces), but with
many restrictions.
5. Representation for Depressed Classes, Women, and Workers: Reserved
seats for depressed classes, and special representation for women and
labor.
 6. Council of India Abolished: Replaced with advisors to the Secretary of
State for India.
7. Extended Franchise: About 14% of the population received voting
rights.
8. Reserve Bank of India: Established to control currency and credit.
9. Public Service Commissions: Created Federal, Provincial, and Joint
Public Service Commissions.
10. Federal Court: Established in 1937.
11. Separation of Burma: Burma (now Myanmar) was separated from
India.
12. Creation of New Provinces: Orissa and Sind were created.
13. Minority Safeguards: Provided safeguards for the protection of
minority interests.
14. Federal Railway Authority: Set up to oversee railway
administration.
15. Auditor-General: Appointed to audit the accounts of the
federation and provinces.

Indian Independence Act of 1947

1. End of British Rule: Declared India as an independent and sovereign

state from August 15, 1947.
2. Partition: Created two independent dominions, India and Pakistan, with
the right to secede from the British Commonwealth.
3. Abolition of Viceroy: The office of Viceroy was abolished, replaced by a
Governor-General for each dominion, appointed by the British King on
the advice of the dominion cabinet.
4. Constitutional Powers: Empowered the Constituent Assemblies of India
and Pakistan to frame and adopt their constitutions, and to repeal any
British law, including the Independence Act.
5. Legislative Powers: Constituent Assemblies could legislate for their
respective dominions until new constitutions were in place. No British
 laws passed after August 15, 1947, applied unless extended by the
dominion’s legislature.
6. Abolition of Secretary of State for India: Transferred the functions to the
Secretary of State for Commonwealth Affairs.
7. British Paramountcy Lapsed: British paramountcy over princely states
and treaty relations with tribal areas ended from August 15, 1947.
8. Princely States’ Freedom: Princely states could join either India or
Pakistan or remain independent.
9. Use of Government of India Act of 1935: The 1935 Act continued to
govern both dominions until new constitutions were framed, with the
power to make modifications.
10. Veto Power: The British Monarch’s veto power was removed; the
Governor-General had full authority to assent to bills in the name of
the King.
11. Constitutional Heads: Governor-Generals and provincial
governors became nominal heads, acting on the advice of the
ministers.
12. Abolition of “Emperor of India” Title: The King of England dropped
the title of “Emperor of India.”
13. Civil Services: Civil services appointments and reservations by
the Secretary of State for India were discontinued; existing civil
servants retained benefits.
14. Transfer of Power: On August 15, 1947, power was transferred to
India and Pakistan. Lord Mountbatten became the first Governor-
General of India, and Jawaharlal Nehru was sworn in as the first Prime
Minister. The Constituent Assembly of 1946 became India’s Parliament.