Polity

Historical Background

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Crown Rule — Key Acts 1858–1947

›First Viceroy of India: Lord Canning (under GoI Act 1858)
›Indian Councils Act 1861: Lord Canning nominated the Raja of Benaras, the Maharaja of Patiala, and Sir Dinkar Rao to his legislative council in 1862.
›Indian Councils Act of 1861: empowered the Viceroy to issue ordinances, the life of which was six months.

+ 37 facts · tap to read

In the wake of the Revolt of 1857 (First War of Independence/Sepoy Mutiny), the British Parliament enacted the Government of India Act of 1858, abolishing the East India Company and transferring all powers to the British Crown. This marked the beginning of the Crown Rule period (1858–1947), during which India was directly governed by the British monarch. During this period, a series of Acts progressively introduced representative institutions and responsible government, culminating in the Indian Independence Act of 1947. **Government of India Act of 1858** — Ended Company rule. Changed Governor-General of India's title to Viceroy (first Viceroy: Lord Canning). Created Secretary of State for India (member of British Cabinet, responsible to British Parliament). Established 15-member Council of India to assist Secretary of State. Abolished Board of Control and Court of Directors (ending 'double government'). India to be governed in name of the Crown. The Act was largely confined to improvement of administrative machinery in England and did not substantially alter the system of Government in India. **Indian Councils Act of 1861** — First step toward representative institutions — Indians associated with law-making. Viceroy could nominate Indians as non-official members. In 1862, Lord Canning nominated the Raja of Benaras, the Maharaja of Patiala, and Sir Dinkar Rao to his legislative council. Initiated decentralisation by restoring legislative powers to Bombay and Madras. Empowered Viceroy to issue ordinances during emergency (life: 6 months). Recognised 'portfolio' system introduced by Lord Canning in 1859. Provided for establishment of new legislative councils for Bengal (1862), North-Western Provinces (1886) and Punjab (1897). **Indian Councils Act of 1892** — Increased non-official members in legislative councils. Gave councils power to discuss budget and address questions to the executive. Introduced indirect/limited nomination (functionally similar to election, but word 'election' not used). Made limited and indirect provision for use of election in filling some non-official seats. **Indian Councils Act of 1909** (Morley-Minto Reforms) — Morley was Secretary of State; Minto was Viceroy. Considerably increased size of legislative councils (Central council: 16 to 60 members). Retained official majority at Centre, allowed non-official majority in provinces. First Indian to join Viceroy's Executive Council: Satyendra Prasad Sinha (Law Member). Introduced communal representation for Muslims — 'separate electorate'. Lord Minto known as 'Father of Communal Electorate'. Allowed supplementary questions and resolutions on budget. Provided for separate representation of presidency corporations, chambers of commerce, universities and zamindars. **Government of India Act of 1919** (Montagu-Chelmsford Reforms) — Montagu: Secretary of State; Chelmsford: Viceroy. British Government declared (Aug 20, 1917) its objective: gradual introduction of responsible government. The declaration stated: "the policy of His Majesty's Government is that of the increasing association of Indians in every branch of the administration, and the gradual development of self-government institutions, with a view to the progressive realisation of responsible government in India as an integral part of the British Empire." Separated central and provincial subjects. Introduced 'dyarchy' in provinces — provincial subjects divided into 'transferred' (administered by Governor with responsible ministers) and 'reserved' (administered by Governor and Executive Council, not responsible to legislature). Introduced bicameralism and direct elections — Indian Legislative Council replaced by bicameral legislature (Upper House: Council of State; Lower House: Legislative Assembly). Extended communal representation to Sikhs, Indian Christians, Anglo-Indians, Europeans. Separated provincial budgets from Central budget. Created High Commissioner for India in London. Established Central Public Service Commission (1926, on recommendation of Lee Commission 1923-24). Provided for appointment of statutory commission after 10 years. **Simon Commission (1927)** — Seven-member commission under Sir John Simon. All British members — boycotted by all Indian parties. Submitted report 1930: recommended abolition of dyarchy, extension of responsible government in provinces, establishment of federation, continuation of communal electorate. Led to three Round Table Conferences and a White Paper, which fed into the GoI Act 1935. **Communal Award (1932)** — Announced by Prime Minister Ramsay MacDonald. Extended separate electorates to depressed classes (Scheduled Castes). Gandhi fasted unto death in Yerawada Jail (Poona). Resulted in Poona Pact — retained Hindu joint electorate but with reserved seats for depressed classes. **Government of India Act of 1935** — Longest and most detailed (321 Sections, 10 Schedules). Provided for All-India Federation (Centre + provinces + princely states), but federation never formed (princely states did not join). Three legislative lists: Federal (59 items), Provincial (54 items), Concurrent (36 items). Residuary powers: Viceroy. Abolished dyarchy in provinces — introduced 'provincial autonomy'. Responsible government in provinces from 1937 (discontinued 1939). Introduced dyarchy at Centre (never came into operation). Bicameralism in six provinces: Bengal, Bombay, Madras, Bihar, Assam, United Provinces. Extended franchise (~10% of population). Established Reserve Bank of India. Established Federal Court (1937). Abolished Council of India (established 1858). Established Federal, Provincial and Joint Public Service Commissions. Extended principle of communal representation by providing separate electorates for depressed classes (Scheduled Castes), women and labour (workers). **Indian Independence Act of 1947** — Clement Atlee declared (Feb 20, 1947) British rule would end by June 30, 1948. June 3, 1947: Mountbatten Plan for partition accepted. Act ended British rule and declared India independent and sovereign from August 15, 1947. Provided for partition — two independent dominions (India and Pakistan), each with right to secede from British Commonwealth. Abolished Viceroy's office — replaced by Governor-General for each dominion. Empowered Constituent Assemblies to frame and adopt any constitution. Abolished Secretary of State for India (functions transferred to Secretary of State for Commonwealth Affairs). Proclaimed lapse of British paramountcy over Indian princely states. India governed by GoI Act 1935 (with modifications) until new Constitution. Dropped title 'Emperor of India' from British King's titles. First Governor-General of free India: Lord Mountbatten. First PM: Jawaharlal Nehru. Deprived British Monarch of right to veto bills. Governor-General had full power to assent to any bill in the name of His Majesty. Designated Governor-General and provincial governors as constitutional (nominal) heads of states, acting on advice of council of ministers in all matters. Discontinued appointment to civil services and reservation of posts by Secretary of State for India; members of civil services appointed before August 15, 1947 continued to enjoy all benefits.

Company Rule — Key Acts 1773–1858

›East India Company: charter from Queen Elizabeth I, 1600
›Diwani rights acquired: 1765, after Battle of Buxar (1764), granted by Mughal Emperor Shah Alam
›First Governor-General of Bengal: Lord Warren Hastings (under Regulating Act, 1773)

+ 45 facts · tap to read

The British came to India as traders (East India Company, 1600) under a charter from Queen Elizabeth I. In 1765, the Company acquired 'diwani' rights over Bengal, Bihar and Orissa, marking its transition to a territorial power. From 1773, Parliament began regulating the Company through a series of Acts. In 1858, after the Revolt of 1857, the British Crown directly assumed governance of India. The period 1773–1858 is called the Company Rule. During this period, a succession of Acts progressively centralised power, established a framework of governance, and subjected the Company to increasing Crown control. **Key Acts of the Company Rule Period:** **Regulating Act of 1773** — First Act to regulate Company affairs. Designated Governor of Bengal as 'Governor-General of Bengal' (first: Lord Warren Hastings). Made governors of Bombay and Madras subordinate to Bengal. Established Supreme Court at Calcutta (1774) with one Chief Justice and three judges. Prohibited Company servants from private trade or receiving bribes. **Amending Act of 1781** (Act of Settlement) — Exempted Governor-General and Council from Supreme Court jurisdiction for official acts. Excluded revenue matters from Supreme Court jurisdiction. Required courts to apply personal law of defendants (Hindu law for Hindus, Mohammedan law for Muslims). **Pitt's India Act of 1784** — Distinguished commercial and political functions of the Company. Created a Board of Control to manage political affairs (Court of Directors continued for commercial affairs). Established 'double government'. British territories in India were for the first time called 'British possessions in India'. **Act of 1786** — Lord Cornwallis given power to override Council decisions and serve as Commander-in-Chief simultaneously. **Charter Act of 1793** — Extended overriding power to all future Governor-Generals. Gave Governor-General more control over Bombay and Madras. Extended Company trade monopoly for 20 years. Members of Board of Control to be paid from Indian revenues. **Charter Act of 1813** — Abolished the Company's trade monopoly in India (except tea and China trade). Asserted British Crown's sovereignty over Company territories. Allowed Christian missionaries into India. Provided for spread of western education. **Charter Act of 1833** — Made Governor-General of Bengal the Governor-General of India with all civil and military powers (first: Lord William Bentick). Final step towards centralisation. Ended Company as a commercial body (became purely administrative). Attempted open competition for civil servants (blocked by Court of Directors). Laws made under previous acts were called 'Regulations'; laws under this Act called 'Acts'. **Charter Act of 1853** — Last Charter Act. Separated legislative and executive functions of Governor-General's Council. Established separate Governor-General's Legislative Council (Indian Central Legislative Council). Introduced open competition for civil services (Macaulay Committee, 1854). Did not specify period of Company's tenure — Parliament could terminate at any time. Introduced local representation in Central Legislative Council (four members from Madras, Bombay, Bengal and Agra).

All key facts

›First Viceroy of India: Lord Canning (under GoI Act 1858)
›Indian Councils Act 1861: Lord Canning nominated the Raja of Benaras, the Maharaja of Patiala, and Sir Dinkar Rao to his legislative council in 1862.
›Indian Councils Act of 1861: empowered the Viceroy to issue ordinances, the life of which was six months.
›Indian Councils Act of 1861: initiated the process of decentralisation by restoring legislative powers to the Bombay and Madras Presidencies, reversing the centralising tendency that began with the Regulating Act of 1773.
›Indian Councils Act of 1861: provided for the establishment of new legislative councils for Bengal (1862), North-Western Provinces (1886) and Punjab (1897).
›Indian Councils Act of 1861: gave recognition to the 'portfolio' system, where a member of the Viceroy's council was in-charge of one or more government departments and authorised to issue final orders.
›Indian Councils Act 1892: increased the number of additional (non-official) members in Central and provincial legislative councils, while maintaining official majority.
›Indian Councils Act 1892: made a limited and indirect provision for the use of election in filling up some of the non-official seats, though the word "election" was not used.
›Indian Councils Act 1909: increased the number of members in the Central legislative council from 16 to 60.
›Indian Councils Act 1909: first Indian to join Viceroy's Executive Council = Satyendra Prasad Sinha (Law Member)
›Indian Councils Act 1909: retained official majority in the Central legislative council, but allowed the provincial legislative councils to have non-official majority.
›Indian Councils Act 1909: enlarged the deliberative functions of the legislative councils at both levels; members were allowed to ask supplementary questions and move resolutions on the budget.
›Indian Councils Act 1909: provided for separate representation of presidency corporations, chambers of commerce, universities and zamindars.
›Morley-Minto Reforms (1909): introduced communal electorate for Muslims; Lord Minto = 'Father of Communal Electorate'
›Government of India Act of 1919: "the policy of His Majesty's Government is that of the increasing association of Indians in every branch of the administration, and the gradual development of self-government institutions, with a view to the progressive realisation of responsible government in India as an integral part of the British Empire."
›Government of India Act of 1919: extended franchise to a limited number of people based on property, tax, or education.
›Government of India Act of 1919: provided for the establishment of a public service commission, leading to the Central Public Service Commission in 1926.
›Government of India Act of 1919: Lee Commission recommendation (1923-24) led to establishment of Central Public Service Commission in 1926.
›Montagu-Chelmsford Reforms (1919): introduced dyarchy in provinces; bicameralism; direct elections
›Government of India Act of 1919: required three of the six members of the Viceroy's Executive Council (other than the Commander-in-Chief) to be Indian.
›Government of India Act of 1919: extended communal representation to Sikhs, Indian Christians, Anglo-Indians and Europeans.
›Government of India Act of 1919: separated provincial budgets from the Central budget.
›Government of India Act of 1919: created a new office of the High Commissioner for India in London and transferred some functions of the Secretary of State for India to him.
›Government of India Act of 1919: provided for appointment of statutory commission to inquire into and report on its working after ten years.
›Simon Commission (1927): all members were British, leading to a boycott by Indian parties.
›Simon Commission (1927): submitted report in 1930 recommending abolition of dyarchy, extension of responsible government in provinces, establishment of federation, continuation of communal electorate.
›Simon Commission (1927): led to three Round Table Conferences and a White Paper that fed into GoI Act 1935.
›Government of India Act of 1935: 321 Sections and 10 Schedules; most detailed colonial legislation.
›Government of India Act of 1935: divided powers between Centre and units in three lists—Federal List (59 items), Provincial List (54 items), and Concurrent List (36 items); residuary powers to Viceroy.
›Government of India Act of 1935: provided for All-India Federation consisting of provinces and princely states as units; federation never came into being as princely states did not join.
›Government of India Act of 1935: abolished dyarchy in provinces and introduced 'provincial autonomy'.
›Government of India Act of 1935: provided for adoption of dyarchy at the Centre; federal subjects divided into reserved and transferred subjects; this provision did not come into operation.
›Government of India Act of 1935: introduced responsible government in provinces (Governor required to act with advice of ministers responsible to provincial legislature); came into effect in 1937 and was discontinued in 1939.
›Government of India Act of 1935: introduced bicameralism in six provinces: Bengal, Bombay, Madras, Bihar, Assam, and United Provinces.
›Government of India Act of 1935: provided for Federal, Provincial, and Joint Public Service Commissions.
›Government of India Act of 1935: increased the franchise to about 10 per cent of the total population.
›Government of India Act of 1935: introduced provincial autonomy; established RBI and Federal Court
›Government of India Act of 1935: most profound influence on Indian Constitution — federal scheme, judiciary, public service commissions largely drawn from this Act
›Government of India Act of 1935: abolished the Council of India, established by the Government of India Act of 1858; secretary of state for India was provided with a team of advisors.
›Government of India Act of 1935: provided for establishment of Reserve Bank of India to control currency a

All key facts

›East India Company: charter from Queen Elizabeth I, 1600
›Diwani rights acquired: 1765, after Battle of Buxar (1764), granted by Mughal Emperor Shah Alam
›First Governor-General of Bengal: Lord Warren Hastings (under Regulating Act, 1773)
›Supreme Court at Calcutta: established 1774 under Regulating Act
›Pitt's India Act 1784: created Board of Control; first time territories called 'British possessions in India'
›Charter Act of 1833: first Governor-General of India = Lord William Bentick; laws called 'Acts' not 'Regulations'
›Charter Act of 1853: separated legislative from executive functions; Macaulay Committee (1854) for civil services
›Budget system in British India introduced: 1860
›The Regulating Act of 1773 was the first step by the British Government to control and regulate the East India Company.
›The Regulating Act of 1773 laid the foundations of central administration in India.
›The Amending Act of 1781 exempted the Governor-General and Council, and Company servants, from the Supreme Court's jurisdiction for official acts.
›The Amending Act of 1781 provided that the Supreme Court was to have jurisdiction over all inhabitants of Calcutta.
›The Amending Act of 1781 required the Supreme Court to administer the personal law of the defendants (Hindu law for Hindus, Mohammedan law for Muslims).
›Appeals from Provincial Courts could be taken to the Governor-General-in-Council (under Amending Act of 1781).
›The Governor-General-in-Council was empowered to frame regulations for Provincial Courts and Councils (under Amending Act of 1781).
›Pitt's India Act of 1784 gave the British Government supreme control over the Company's affairs and administration in India.
›The Act of 1786 made provisions for Lord Cornwallis to both override his council's decisions in special cases and act as Commander-in-Chief.
›The Charter Act of 1793 stipulated that the Commander-in-Chief was not to be a member of the Governor-General's council, unless specifically appointed.
›The Charter Act of 1813 allowed Christian missionaries into India for "enlightening the people".
›The Charter Act of 1813 authorised Local Governments in India to impose taxes on persons and punish non-payment.
›The Charter Act of 1833 deprived the Governors of Bombay and Madras of their legislative powers.
›The Charter Act of 1833 provided that the Company's territories in India were held 'in trust for His Majesty, His heirs and successors'.
›The Charter Act of 1833 attempted open competition for civil servants, stating Indians should not be debarred, but this was negated by the Court of Directors.
›The Charter Act of 1853 allowed the Company to retain Indian territories on trust for the British Crown, but without specifying a particular period.
›The Indian (Central) Legislative Council established by the Charter Act of 1853 functioned as a mini-Parliament.
›Local representation in the Indian (Central) Legislative Council meant four members were appointed by the provincial governments of Madras, Bombay, Bengal, and Agra.
›The Regulating Act of 1773 recognized, for the first time, the political and administrative functions of the East India Company.
›The Regulating Act of 1773 strengthened the control of the British Government over the Company by requiring the Court of Directors to report on its revenue, civil, and military affairs in India.
›Pitt's India Act of 1784 distinguished between the commercial and political functions of the Company.
›The Charter Act of 1793 laid down that the members of the Board of Control and their staff were to be paid out of the Indian revenues.
›The Charter Act of 1813 provided for the spread of western education among the inhabitants of the British territories in India.
›The Charter Act of 1833 vested all civil and military powers in the Governor-General of India, creating, for the first time, a Government of India having authority over the entire British territorial area.
›The Charter Act of 1833 made the Governor-General of India the exclusive legislative power for the entire British India.
›The Charter Act of 1853 was the last of the series of Charter Acts passed by the British Parliament between 1793 and 1853.
›The legislative wing of the Governor-General's Council established by the Charter Act of 1853 functioned as a mini-Parliament, adopting procedures similar to the British Parliament.
›The Charter Act of 1853 was a clear indication that the Company's rule could be terminated at any time the Parliament liked, as it did not specify any particular period for the Company's rule.
›Regulating Act of 1773 recognized political and administrative functions of the Company for the first time.
›Regulating Act of 1773 created Executive Council of four members to assist the Governor-General of Bengal.
›Supreme Court at Calcutta comprised one chief justice and three other judges (established 1774).
›Regulating Act of 1773 prohibited Company servants from engaging in private trade or accepting presents or bribes from the 'natives'.
›Amending Act of 1781 excluded revenue matters and matters arising in collection of revenue from Supreme Court jurisdiction.
›Pitt's India Act of 1784 empowered Board of Control to supervise and direct all operations of civil and military government or revenues of British possessions in India.
›Charter Act of 1813 abolished trade monopoly of Company in India but continued monopoly over tea trade and trade with China.
›Charter Act of 1813 asserted sovereignty of British Crown over Company's territories in India.
›Charter Act of 1833 ended East India Company as a commercial body; became purely administrative.
›Charter Act of 1853 introduced open competition system of selection and recruitment of civil servants, throwing covenanted civil service open to Indians.
›Charter Act of 1853 established separate Governor-General's legislative council known as Indian (Central) Legislative Council.
›Charter Act of 1853 functioned as mini-Parliament ado