CONSTITUTIONAL, ADMINISTRATIVE AND JUDICIAL DEVELOPMENTS

Question 1

First intervention in Indian Affairs by British government came in?

Answer 1

In 1767, when British demanded 10 percent share in the plunder amounting to 4 million pounds annually.

Question 2

The dual system of government continued for how many years?

Answer 2

In 1765-72– The dual system of government where the Company had the authority but no responsibility and its Indian representatives had all the responsibility but no authority continued for seven years.

Question 3

Regulating Act of 1773?

Answer 3

1. The directors of the Company were required to submit all correspondence regarding revenue affairs and civil and military administration to the govemnment. Thus for the first time, the British cabinet was given the right to exercise control over Indian affairs.
2. In Bengal, the administration was to be carried out by governor general and council consisting of 4 members, representing civil and military govemment. They were required to function according to the majority rule, Warren Hastings and four others were named in the Act, later ones were to be appointed by the Company.
3. A Supreme Court of judicature was to be established in Bengal with original and appellate jurisdictions where all subjects could seek redressal. In practice, however, the Supreme Court had a debatable jurisdiction vis-a-vis the council which created various problems.
4. The governor-general could exercise some powers over Bombay and Madras again, a vague provision which created many problems.
   The whole scheme was based on checks and balances.
   - Amendments (1781). The jurisdiction of the Supreme Court was defined within Calcutta, it was to administer the personal law of the defendant.
   The servants of the government were immune, if they did anything while discharging their duties.
   Social and religious usages of the subjects were to be honoured.

Question 4

Pitts Act of India 1784?

Answer 4

1. The Company’s territories in India were termed ‘British possessions’.
2. A Board of Control consisting of the chancellor of exchequer, a secretary of state and four members of the Privy Council (to be appointed by the Crown) were to be exercise control over the Company’s civil, military and revenue affairs. All dispatches were to be approved by the board. Thus a dual system of control was set up.
3. In India, the governor general was to have a council of three (including the commander in chief), and the presidencies of Bombay and Madras were made subordinate to the governor general.
4. A general prohibition was placed on aggressive wars and treaties (beached often).
5. It established a board of six commissioners including the two cabinet ministers for the affairs of India.
6. As per the provision of the act, the directors of the company retained the profitable right of appointing and dismissing its British officials in India.

Question 5

The Act of 1786?

Answer 5

1. Cornwallis wanted to have the powers of both the governor-general and commander in chief. The new Act conceded this demand and also gave him the power.
2. Cornwallis was allowed to override the council’s decision if he owned the responsibility for the decision. Later, this provision was extended to all the governors general.

Question 6

The Charter Act of 1793?

Answer 6

1. The Act renewed the Company’s commercial privileges for next 20 years.
2. The royal approval was mandated for the appointment of the governor general, the governors, and the commander-in-chief.
3. Senior officials of the Company were debarred from leaving India without permission- doing so was treated as resignation.
4. The Company was empowered to give licences to individuals as well as the Company’s employees to trade in India. The licences, known as “privilege’ or ‘country trade’ paved the way for shipments of opium to China.
5. The revenue administration was separated from the judiciary functions and this led to disappearing of the Maal “Adalats.
6. The Home Government members were to be paid out of Indian revenues which continued up to 1919.
7. The Company after paying the necessary expenses, interest, dividends, salaries, etc., from the Indian revenues, was to pay 5 lakh pounds annually to the British government.

Question 7

The Charter Act of 1813?

Answer 7

• In England, the business interests were pressing for an end to the Company’s monopoly over trade in India because of a spirit of laissez-faire and the continental system by Napolean by which the European ports were closed for Britain. The 1813 Act sought to redress these grievances.
• The Company’s monopoly over trade in India ended, but the Company retained the trade with China and the trade in tea.
• The Company’s shareholders were given a 10.5 per cent divide on the revenue of India.
• The Company was to retain the possession of territories and the revenue for 20 years more, without prejudice to the sovereignty of the Crown. Thus, the constitutional position of the British territories in India was defined explicit for the first time.
• Powers of the Board of Control were further enlarged.
• A sum of one lakh rupees was to be set aside for the revival, promotion and encouragement of literature, learning and science among the natives of India, every year. (This was an important statement from the point of State’s responsibility for education).
• The regulations made by the council of Madras, Bombay and Calcutta were now required to be laid before the British Parliament. The constitutional position of the British territories in India was thus explicitly defined for the first time.
• Separate accounts were to be kept regarding commercial transactions and territorial revenues. The power of superintendence and direction of the Board of Control was not only defined but also enlarged considerably.
• Christian missionaries were also permitted to come to India and preach their religion.

Question 8

Charter Act of 1833?

Answer 8

1. The lease of 20 years to the Company was further extended. Territories of India were to be governed in the name of the Crown.
2. The Company’s monopoly over trade with China and in tea also ended.
3. All restrictions on European immigration and the acquisition of property in India were lifited. Thus, the way was paved for the wholesale European colonisation of India.
4. In India, a financial, legislative and administrative centralisation of the government was envisaged:
   - The governor-general was given the power to superintend, control and direct all civil and military affairs of the Company Bengal, Madras, Bombay and all other territories were placed under complete control of the governor-general.
   - All revenues were to be raised under the authority of the governor-general who would have complete control over the expenditure too.
   - The Governments of Madras and Bombay were drastically deprived of their legislative powers and left with a right of proposing to the governor general the projects of law which they thought to be expedient.
5. A law member was added to the governor-general’s council for professional advice on law-making.
6. Indian laws were to be codified and consolidated.
7. No Indian citizen was to be denied employment under the Company on the basis of religion, colour, birth, descent, etc. (Although the reality was different, this declaration formed the sheet-anchor of political agitation in India.)
8. The administration was urged to take steps to ameliorate the conditions of slaves and to ultimately abolish slavery. ‘(Slavery was abolished in 1843.)

Question 9

The Charter Act of 1853?

Answer 9

1. The Company was to continue possession of territories unless the Parliament provided otherwise.
2. The strength of the Court of Directors was reduced to 18.
3. The Company’s patronage over the services was dissolved - the services were now thrown open to a competitive examination.
4. The law member became the full member of the governor-general’s executive council.
5. The separation of the executive and legislative functions of the Government of British India progressed with the inclusion of six additional members for legislative purposes.
6. Local representation was introduced in the Indian legislature. The legislative wing came to be known as the Indian Legislative Council. However, a law to be promulgated needed the assent of the governor general, and the governor general could veto any bill of the legislative council.

Question 10

The Act for the Betterment of India, 1858?

Answer 10

1. India was to be governed by and in the name of the Crown through a secretary of state and a council of 15. The initiative and the final decision was to be with the secretary of state and the council was to be just advisory in nature. (Thus, the dual system introduced by the Pitt’s India Act came to an end.)
2. Governor-general became the viceroy (his prestige, if not authority, increased).

Question 11

Indian Councils Act, 1861?

Answer 11

• The 1861 Act marked an advance in that the principle of representatives of non-officials in legislative bodies became accepted; laws were to be made after due deliberation, and as pieces of legislation they could be changed only by the same deliberative process. Law-making was thus no longer seen as the exclusive business of the executive.
• The portfolio system introduced by Lord Canning laid the foundations of cabinet government in India, each branch of the administration having its official head and spokesman in the government, who was responsible for its administration.
• The Act by vesting legislative powers in the Governments of Bombay and Madras and by making provision for the institution of similar legislative councils in other provinces laid the foundations of legislative devolution.
• However, the legislative councils established by the Act of 1861 possessed no real powers and had many weaknesses. The councils could not discuss important matters and no financial matters at all without previous approval of government.
• They had no control over budget. They could not discuss executive action.
• Final passing of the bill needed viceroy’s approval. Even if approved by the viceroy, the secretary of state could disallow a legislation. Indians associated as non-officials were members of elite sections only.

Question 12

Indian Councils Act, 1892?

Answer 12

• In 1885, the Indian National Congress was founded. The Congress saw reform of the councils as the “root of all other reforms”. It was in response to the Congress demand that the legislative councils be expanded that the number of non-official members was increased both in the central (Imperial) and provincial legislative councils by the Indian Councils Act, 1892.
• The Legislative Council of the Governor-General (or the Indian Legislative Council, as it came to be known) was enlarged.
• The universities, district boards, municipalities, zamindars, trade bodies and chambers of commerce were empowered to recommend members to the provincial councils.
  Thus was introduced the principle of representation.
• Though the term ‘election was firmly avoided in the Act, an element of indirect election was accepted in the selection of some of the non-official members.
• The members of the legislatures were now entitled to express their views upon financial statements which were henceforth to be made on the floor of the legislatures.
• They could also put questions within certain limits to the executive on matters of public interest after giving six days’ notice.

Question 13

Indian Councils Act, 1909?

Answer 13

• Popularly known as the Morley Minto Reforms, the Act made the first attempt to bring in a representative and popular element in the governance of the country.
• The strength of the Imperial Legislative Council was increased.
• With regard to the central government, an Indian member was taken for the first time in the Executive Council of the Governor-General (Satyendra Prasad Sinha was the first Indian to join the Governor-General’s or Viceroy’s-
  Executive Council, as law member.)
• The members of the Provincial Executive Council were increased.
• The powers of the legislative councils, both central and provincial, were increased.
• Under this Act the real power remained with the government and the councils were left with no functions but criticism.
• The introduction of separate electorates for Muslims created new problems.
• Besides separate electorates for the Muslims, representation in excess of their population strength was accorded to the Muslims. Also, the income qualification for Muslim voters was kept lower than that for Hindus.
• The system of election was very indirect.
• Thus, the representation of the people at large remained remote and unreal.

Question 14

Government of India Act 1919?

Answer 14

• Under the 1919 Act, the Indian Legislative Council at the Centre was replaced by a bicameral system consisting of a Council of State (Upper House) and a Legislative Assembly (Lower House). Each house was to have a majority of members who were directly elected. So, direct election was introduced, though the franchise was much restricted being based on qualifications of property, tax or education.
• The principle of communal representation was extended with separate electorates for Sikhs, Christians and Anglo-Indians, besides Muslims.
• The Act introduced dyarchy in the provinces, which indeed was a substantial step towards transfer of power to the Indian people.
• The provincial legislature was to consist of one house only (legislative council).
• The Act separated for the first time the provincial and central budgets, with provincial legislatures being authorised to make their budgets.
• A High Commissioner for India was appointed, who was to hold his office in London for six years and whose duty was to look after Indian trade in Europe, Some of the functions hitherto performed by the Secretary of State for India were transferred to the high commissioner.
• The Secretary of State for India who used to get his pay from the Indian revenue was now to be paid by the British Exchequer, thus undoing an injustice in the Charter Act of 1793.
• Though Indian leaders for the first time got some administrative experience in a constitutional set-up under this Act, there was no fulfilment of the demand for responsible government. Though a measure of power devolved on the provinces with demarcation of subjects between centre and provinces, the structure continued to be unitary and centralised. Dyarchy in the provincial sector failed.

Question 15

Government of India Act 1935?

Answer 15

1. Contemplated the establishment of all India Federation.
2. Dyarchy, rejected by the Simon Commission, was provided for in the Federal Executive.
3. The Federal Legislature was to have two chambers (bicameral)— the Council of States and the Federal Legislative Assembly. The Council of States (the Upper House) was to be a permanent body.
4. There was a provision for joint sitting in cases of deadlock between the houses. There were to be three subject lists— the Federal Legislative List, the Provincial Legislative List and the Concurrent Legislative List. Residuary legislative powers were subject to the discretion of the governor-general, Even if a bill was passed by the federal legislature, the governor-general could veto it while even Acts assented to by the governor-general could be disallowed by the King-in-Council.
5. Dyarchy in the provinces was abolished and provinces were given autonomy, i.e., the distinction between Reserved and Transferred Subjects was abolished and full responsible government was established, subject to certain safeguards.
6. Provinces derived their power and authority directly from the British Crown, They were given independent financial powers and resources. Provincial governments could borrow money on their own security.
7. Provincial legislatures were further expanded Bicameral legislatures were provided in the six provinces of Madras, Bombay, Bengal, United Provinces, Bihar and Assam, with their five provinces retaining unicameral legislatures.
8. The principles of ‘communal electorates’ and ‘weightage’ were further extended to depressed classes, women and labour.
9. Franchise was extended, with about 10 per cent of the total poputation getting the right to vote.
10. The Act also provided for a Federal Court (which was established in 1937), with original and appellate powers, to interpret the 1935 Act and settle inter-state disputes, but the Privy Council in London was to dominate this court.
11. The India Council of the Secretary of State was abolished.
12. The All-India Federation as visualised in the Act never came into being because of the opposition from different parties of India.

Question 16

In the beginning the term civil service was used for?

Answer 16

It was used to distinguish the servants of the Company engaged in commercial affairs from those people employed in the military and naval services.

Question 17

______ was the first to bring into existence and organize the civil services?

Answer 17

Cornwallis.

Question 18

Which fort was used for training new recruit in civil services and who set up that Fort?

Answer 18

In 1800, Wellesley set up the Fort William College for training new recruits.

Question 19

Which college was approved for to impart two years training to new recruits in civil services?

Answer 19

In 1806 Wellesley’s college was disapproved by the Court of Directors and instead the East India College was set up at Haileybury in England to impart two years training to the recruits.

Question 20

Charter Act of 1853 regarding civil services?
What were the reasons for exclusion of Indians?

Answer 20

• This Act ended the Company’s patronage, enjoining recruitment to be through an open competition henceforth.
• The Indians, however, were barred from high posts from the very beginning.
  Reasons were
• the belief that only the English could establish administrative services serving British interests.
• the belief that the Indians were incapable, untrustworthy and insensitive to the British interests.
• the fact there was high competition among the Europeans themselves for lucrative posts, so why offer them to the Indians.

Question 21

Which act threw open the civil services to the Indians?

Answer 21

Charter Act of 1833 theoretically threw open services to the Indians, the relevant provisions were never really implemented.

Question 22

Proclamation of 1858 on civil services?

Answer 22

After 1857, when the Indians claimed a share in higher services, the Proclamation of 1858 declared the British intention of including the Indians, freely and impartially, in offices under the civil service.

Question 23

Indian Civil Service Act, 1861?

Answer 23

• This Act reserved certain offices for covenanted civil servants but the examination was held in England in English language, based on classical learning of Greek and Latin.
• The maximum permissible age was gradually reduced from 23 (in 1859) to 22 (in 1860) to 21 (in 1866) and to 19 (1878).

Question 24

First Indian to qualify for Indian civil services?

Answer 24

In 1863, Satyendra Nath Tagore became the first Indian to qualify for Indian Civil Services.

Question 25

Who introduced the statutory civil services?

Answer 25

In 1878-79, Lytton introduced the Statutory Civil Service consisting of one-sixth of covenanted posts to be filled by Indians of high families through nominations by local governments subject to approval by the secretary of State and the viceroy. But the system failed and was abolished.

Question 26

Recommendations of Aitchinson Committee?

Answer 26

The Aitchinson Committee on Public Services (1886), set up by Dufferin, recommended —
1. Dropping of the terms ‘covenanted’ and ‘uncovenanted’.
2. Classification of the civil service into Imperial Indian Civil Service (examination in England), Provincial Civil Service (examination in India) and Subordinate Civil Service (examination in India).
3. Raising the age limit to 23.
- In 1893, the House of Commons in England passed a resolution supporting holding of simultaneous examination in India and England; but the resolution was never implemented.

Question 27

Montford Reform (1919) on civil services?

Answer 27

1. Stated a realistic policy— “If a responsible government is to be established in India, the more Indians we can employ in public service, the better.”
2. Recommend holding of simultaneous examination in India and England.
3. Recommended that one third of recruitments be made in India itself– to be raised annually by 1.5 per cent.

Question 28

Lee Commission Recommendations?

Answer 28

1. The secretary of state should continue to recruit the ICS, the Irrigation branch of the Service of Engineers, the Indian Forest Service, etc.
2. The recruitments for the transferred fields like education and civil medical service be made by provincial governments.
3. Direct recruitment to ICS on basis of 50:50 parity between the Europeans and the Indians be reached in 15 years.
4. A Public Service Commission be immediately established (as laid down in the Government of India Act, 1919).

Question 29

Government of India Act, 1935 on civil services?

Answer 29

The 1935 Act recommended the establishment of a Federal Public Service Commission and Provincial Public Service Commission.

Question 30

Maximum age for appearing at the examination was reduced from 23 in 1859 to 19 in 1878 by_______.

Answer 30

Lytton.

Question 31

Faujdars, Amils and kotwals under Mughals?

Answer 31

1. Faujdars- helped in maintaining law and order.
2. Amils- revenue collectors, but had to contend with the rebels, if any.
3. Kotwal- maintenance of law and order in the cities.

Question 32

In 1770, the institution of faujdars and amils were abolished. Who restored it?

Answer 32

• Warren Hastings in 1774, restored the institution of faujdars and asked the zamidars to assist them in suppression of dacoits, violence and disorder.
• In 1775, faujdar thanas were established.

Question 33

Which governor-general organised a regular police force and modernized old Indian system of thanas?

Answer 33

• In 1791, Cornwallis organised a regular police force.
• Modernized the old Indian system of thanas (circles) in a district under a daroga (an Indian) and a superintendent of police (SP) at the head of a district.
• He relieved the zamidars of their police duties.
• In villages policing duties were continued by Village watchman.

Question 34

Who were goyendas in history of modern India?

Answer 34

In 1814 Mayo appointed SP for each division helped by a number of spies (goyendas) but these spies committed depredations on local people.

Question 35

In 1814 By an order of the Court of Directors, the appointment of the darogas and their subordinates was abolished in all possessions of the Company except in _______.

Answer 35

Bengal.

Question 36

Who abolished the office of the Superintendent of Police (SP)?

Answer 36

• Bentinck abolished the office of the SP.
• The collection/magistrate was now to head the police force.
• This arrangement resulted in a badly organised police force.

Question 37

The recommendations of the Police Commission (1860) led to the Indian Police Act, 1861. The Commission recommended:-?

Answer 37

• A system of civil constabulary— maintaining the village set up in the present form (a village watchman maintained by the village) but in direct relationship with the rest of the constabulary.
• Inspector General as the head in a province, Deputy Inspector General as the head in a range, and SP as the head in a district.

Question 38

Did British created the All India Police?

Answer 38

No the British did not created the All India Police. The Police Act, 1861 presented the guidelines for a police set up in the provinces. The ranks were uniformly introduced all over the country.

Question 39

In which year did the Police Commission recommend the establishment of CID (Criminal Investigation Department) in that provinces and a Central Intelligence Bureau at the Centre?

Answer 39

1902.

Question 40

Military forces under British prior to the revolt of 1857?

Answer 40

• Prior to the revolt of 1857, there were two separate sets of military forces, which operated in India.
• First set of units, known as the Queen’s army, were among the serving troops on duty in India.
• The other was the Company’s troops— a mixture of European regiments of Britons and Native regiments.

Question 41

Systematic reorganization in British Army occured when and why?

Answer 41

• After 1857, there was a systematic reorganization of the Army since, as Dufferin warned in December 1888.
• To prevent the recurrence of another revolt was the main reason behind this reorganization.
• The Commissions of 1859 and 1879 insisted on the principle of a one third white army (as against 14% before 1857). Finally the proportion of the Europeans to Indians was carefully fixed at one to two in the Bengal Army and two to five in the Madras and Bombay Armies.

Question 42

The Rifles given to Indians (in British army) were of an inferior quality till 1900, and Indians were not allowed in these high tech departments till_______.

Answer 42

Second World War.

Question 43

When were Indians allowed in the Commissioned ranks in British army?

Answer 43

No Indians were allowed in the officer rank, and the highest rank an Indian could reach till 1914 was that of a subedar (only from 1918 onwards were Indians allowed in the commissioned ranks).

Question 44

Sandhurst Committee is associated with?

Answer 44

Military under British.
As late as 1926, the Indian Sandhurst Committee was visualizing a 50% Indianised officer cadre for 1952.

Question 45

An ideology of ‘martial races’ and ‘non martial races’, which assumed that good soldiers could come only from some specific communities, developed particularly from the late 1880s, under ________, the commander in chief from 1887 to 1892.

Answer 45

Lord Roberts.

Question 46

Judicial Reforms under Cornwallis?

Answer 46

Separation of Powers
- The District Fauzdari Courts were abolished and, instead, circuit courts were established at Calcutta, Dacca Murshidabad and Patna. These circuit courts had European judges and were to act as courts of appeal for both civil and criminal cases.
- The Sadar Nizamat Adalat was shifted to Calcutta and was put under the governor-general and members of the Supreme Council assisted by the chief qazi and the chief mufti.
- The District Diwani Adalat was now designated as the District, City or the Zila Court and placed under a district judge. The collector was now responsible only for the revenue administration with no magisterial functions.
- A gradation of civil courts was established (for both Hindu and Muslim laws)—
(i) Munsiffs Court under Indian officers.
(ii) Registrar’s Court under a European judge.
(iii) District Court under the district judge.
(iv) Four Circuit Courts as provincial courts of appeal.
(v) Sadar Diwani Adalat at Calcutta.
(vi) King-in-Council for appeals of 5000 pounds and above.
- The Cornwallis Code was laid out.

Question 47

What was the Cornwallis code?

Answer 47

1. There was a separation of revenue and justice administration.
2. European subjects were also brought under jurisdiction.
3. Government officials were answerable to the civil courts for actions done in their official capacity.
4. The principle of sovereignty of law was established.

Question 48

Reforms under William Bentinck in judiciary?

Answer 48

• The four Circuit Courts were abolished and their functions tansterred to collectors under the supervision of the commissioner of revenue and circuit.
• Sadar Diwani Adalat and a Sadar Nizamat Adalat were set up at Allahabad for the convenience of the people of Upper Provinces.
• Till now, Persian was the official language in courts. Now the suitor had the option to use Persian or a Vernacular language, while in the Supreme Court, English language replaced Persian.

Question 49

In 1833 a law Commission was set up under?

Answer 49

Macaulay for codification of Indian laws. As a result, a Civil Procedure Code (1859), an Indian Penal Code (1860) and a Criminal Procedure Code (1861) were prepared.

Question 50

Positive and negative aspect of Judiciary under British rule?

Answer 50

• Positive Aspects of Judiciary under the British.
  1. The rule of law was established
  2. The codified laws replaced the religious and personal laws of the rulers.
  3. Even European subjects were brought under the jurisdiction, although in criminal cases, they could be tried by European judges only.
  4. Government servants were made answerable to the civil courfs.
• The Negative Aspects
  1. The judicial system became more and more complicated and expensive. The rich could manipulate the system.
  2. There was ample scope for false evidence, deceit and chicanery.
  3. Dragged out itigation meant delayed justice.
  4. Courts became over burdened as litigation increased.
  5. Often, the European judges were not familliar with the Indian usage and traditions.

Question 51

The first step in the direction towards bifurcating central and provincial finances was?

Answer 51

• The granting of fixed sums out of central revenues for administration of certain services like police, jails, education, medical services and roads to provincial governments signified the first step in the direction towards bifurcating central and provincial finances in 1870 by Lord Mayo.

Question 52

Certain other heads of expenditure like land revenue, excises, general administration and law and justice were transferred to provinces in 1877 by?

Answer 52

Lord Lytton.

Question 53

Factors which made it necessary for the British government in India to work towards establishing local bodies?

Answer 53

1. Financial difficulties faced by the Government, due to overcentralisation, made decentralisation imperative.
2. It became necessary that modern advances in civic amenities in Europe be transplanted in India considering India’s increasing economic contacts with Europe.
3. The rising tide of nationalism had improvement in basic facilities as a point on its agenda.
4. A section of British policy-makers saw association of Indians with the administration in some form or the other, without undermining the British supremacy in India.
5. The utilization of local taxes for local welfare could be used to counter any public criticism of British reluctance to draw upon an already overburdened treasury or to tax the rich upper classes.

Question 54

Financial decentralization was a legislative devolution inaugurated by the Indian Councils Act of?

Answer 54

1861.

Question 55

Who is called the father of local self government in India?

Answer 55

Lord Ripon.

Question 56

Local self government was made a transferred subject under popular ministerial control by which Act?

Answer 56

Government of India Act 1919.