Historical Background Flashcards
(124 cards)
1
Q
The British came to India in 1600 as traders
A
in the form of East India Company
2
Q
With Independence came the need for a Constitution. Hence
A
a Constituent Assembly was formed for this purpose in 1946 and on January 26
3
Q
- The Company Rule (1773 – 1858) 2. The Crown Rule (1858 – 1947)
A
4
Q
Regulating Act of 1773 This act was of great constitutional importance as (a) it was the first step taken by the British Government to control and regulate the affairs of the East India Company in India; (b) it recognised
A
for the first time
5
Q
The features of this Act were as follows:
A
6
Q
- It designated the Governor of Bengal as the ‘Governor-General of Bengal’ and created an Executive Council of four members to assist him. The first such GovernorGeneral was Lord Warren Hastings.
A
7
Q
- It made the governors of Bombay and Madras presidencies subordinate to the governor-general of Bengal
A
unlike earlier
8
Q
- It provided for the establishment of a Supreme Court at Calcutta (1774) comprising one chief justice and three other judges.
A
9
Q
- It prohibited the servants of the Company from engaging in any private trade or accepting presents or bribes from the ‘natives’.
A
10
Q
- It strengthened the control of the British Government over the Company by requiring the Court of Directors (governing body of the Company) to report on its revenue
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civil
11
Q
Amending Act of 1781 In a bid to rectify the defects of the Regulating Act of 1773
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the British Parliament passed the Amending Act of 1781
12
Q
The features of this Act were as follows:
A
13
Q
- It exempted the Governor-General and the Council from the jurisdiction of the Supreme Court for the acts done by them in their official capacity. Similarly
A
it also exempted the servants of the company from the jurisdiction of the Supreme Court for their official actions.
14
Q
- It excluded the revenue matters and the matters arising in the collection of revenue from the jurisdiction of the Supreme Court.
A
15
Q
- It provided that the Supreme Court was to have jurisdiction over all the inhabitants of Culcutta. It also required the court to administer the personal law of the defendants i.e.
A
Hindus were to be tried according to the Hindu law and Muslims were to be tried according to the Mohammedan law.
16
Q
- It laid down that the appeals from the Provincial Courts could be taken to the Governor-General-in-Council and not to the Supreme Court.
A
17
Q
- It empowered the Governor-General-inCouncil to frame regulations for the Provincial Courts and Councils.
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18
Q
Pitt’s India Act of 1784 The next important act was the Pitt’s India Act2 of 1784.
A
19
Q
The features of this Act were as follows:
A
20
Q
- It distinguished between the commercial and political functions of the Company.
A
21
Q
- It allowed the Court of Directors to manage the commercial affairs
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but created a new body called Board of Control to manage the political affairs. Thus
22
Q
- It empowered the Board of Control to supervise and direct all operations of the civil and military government or revenues of the British possessions in India.
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23
Q
Thus
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the act was significant for two reasons: first
24
Q
Act of 1786 In 1786
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Lord Cornwallis was appointed as the Governor-General of Bengal. He placed two demands to accept that post
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2. He would also be the Commander-in-Chief.
26
Accordingly
the Act of 1786 was enacted to make both the provisions.
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Charter Act of 1793 The features of this Act were as follows:
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1. It extended the overriding power given to Lord Cornwallis over his council
to all future Governor-Generals and Governors of Presidencies.
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2. It gave the Governor-General more powers and control over the governments of the subordinate Presidencies of Bombay and Madras.
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3. It extended the trade monopoly of the Company in India for another period of twenty years.
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4. It provided that the Commander-in-Chief was not to be a member of the Governor-General’s council
unless he was so appointed.
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5. It laid down that the members of the Board of Control and their staff were
henceforth
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Charter Act of 1813 The features of this Act were as follows:
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1. It abolished the trade monopoly of the company in India i.e.
the Indian trade was thrown open to all British merchants. However
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2. It asserted the sovereignty of the British Crown over the Company’s territories in India.
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3. It allowed the Christian missionaries to come to India for the purpose of enlightening the people.
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4. It provided for the spread of western education among the inhabitants of the British territories in India.
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5. It authorised the Local Governments in India to impose taxes on persons. They could also punish the persons for not paying taxes.
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Charter Act of 1833 This Act was the final step towards centralisation in British India.
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The features of this Act were as follows:
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1. It made the Governor-General of Bengal as the Governor-General of India and vested in him all civil and military powers. Thus
the act created
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2. It deprived the Governor of Bombay and Madras of their legislative powers. The Governor-General of India was given exclusive legislative powers for the entire British India. The laws made under the previous acts were called as Regulations
while laws made under this act were called as Acts.
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3. It ended the activities of the East India Company as a commercial body
which became a purely administrative body. It provided that the Company’s territories in India were held by it ‘in trust for His Majesty
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4. The Charter Act of 1833 attempted to introduce a system of open competition for selection of civil servants and stated that the Indians should not be debarred from holding any place
office and employment under the Company. However
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Charter Act of 1853 This was the last of the series of Charter Acts passed by the British Parliament between 1793 and 1853. It was a significant constitutional landmark.
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The features of this Act were as follows:
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1. It separated
for the first time
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Thus
legislation
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2. It introduced an open competition system of selection and recruitment of civil servants. The covenanted civil service3 was
thus
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Government of India Act of 1858 This significant Act was enacted in the wake of the Revolt of 1857–also known as the First War of Independence or the ‘sepoy mutiny’. The act known as the Act for the Good Government of India
abolished the East India Company
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The features of this Act were as follows:
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1. It provided that India
henceforth
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2. It ended the system of double Government by abolishing the Board of Control and Court of Directors.
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3. It created a new office
Secretary of State for India
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4. It established a 15-member council of India to assist the Secretary of State for India. The council was an advisory body. The secretary of state was made the Chairman of the council.
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5. It constituted the Secretary of State-inCouncil as a body corporate
capable of suing and being sued in India and in England.
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‘The Act of 1858 was
however
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In pursuance of this policy of association
three acts were enacted by the British Parliament in 1861
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The features of this Act were as follows:
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1. It made a beginning of the representative institutions by associating Indians with the law-making process. It
thus
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2. It initiated the process of decentralisation by restoring the legislative powers to the Bombay and Madras Presidencies. It
thus
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3. It also provided for the establishment of new legislative councils for Bengal
North-Western Provinces and Punjab
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4. It empowered the Viceroy to make rules and orders for the more convenient transaction of business in the council. It also gave a recognition to the ‘portfolio’ system
introduced by Lord Canning in 1859. Under this
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5. It empowered the Viceroy to issue ordinances
without the concurrence of the legislative council
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Indian Councils Act of 1892 The features of this Act were as follows:
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1. It increased the number of additional (non-official) members in the Central and provincial legislative councils
but maintained the official majority in them.
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2. It increased the functions of legislative councils and gave them the power of discussing the budget5 and addressing questions to the executive.
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3. It provided for the nomination of some non-official members of the (a) Central Legislative Council by the viceroy on the recommendation of the provincial legislative councils and the Bengal Chamber of Commerce
and (b) that of the provincial legislative councils by the Governors on the recommendation of the district boards
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‘The act made a limited and indirect provision for the use of election in filling up some of the non-official seats both in the Central and provincial legislative councils. The word “election” was
however
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The process was described as nomination made on the recommendation of certain bodies6 .’ Indian Councils Act of 1909 This Act is also known as Morley-Minto Reforms (Lord Morley was the then Secretary of State for India and Lord Minto was the then Viceroy of India).
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The features of this Act were as follows:
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1. It considerably increased the size of the legislative councils
both Central and provincial. The number of members in the Central legislative council was raised from 16 to 60. The number of members in the provincial legislative councils was not uniform.
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2. It retained official majority in the Central legislative council
but allowed the provincial legislative councils to have non-official majority.
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3. It enlarged the deliberative functions of the legislative councils at both the levels. For example
members were allowed to ask supplementary questions
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4. It provided (for the first time) for the association of Indians with the executive councils of the Viceroy and Governors. Satyendra Prasad Sinha became the first Indian to join the Viceroy’s executive council.
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He was appointed as the Law Member.
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5. It introduced a system of communal representation for Muslims by accepting the concept of ‘separate electorate’. Under this
the Muslim members were to be elected only by Muslim voters. Thus
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6. It also provided for the separate representation of presidency corporations
chambers of commerce
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Government of India Act of 1919 On August 20
1917
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The Government of India Act of 1919 was thus enacted
which came into force in 1921. This Act is also known as Montagu-Chelmsford Reforms (Montagu was the Secretary of State for India and Lord Chelmsford was the Viceroy of India).
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The features of this Act were as follows:
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1. It relaxed the central control over the provinces by demarcating and separating the central and provincial subjects. The central and provincial legislatures were authorised to make laws on their respective list of subjects. However
the structure of government continued to be centralised and unitary.
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2. It further divided the provincial subjects into two parts–transferred and reserved. The transferred subjects were to be administered by the Governor with the aid of Ministers responsible to the legislative council. The reserved subjects
on the other hand
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3. It introduced
for the first time
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4. It required that the three of the six members of the Viceroy’s executive Council (other than the Commander-in-Chief) were to be Indian.
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5. It extended the principle of communal representation by providing separate electorates for Sikhs
Indian Christians
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6. It granted franchise to a limited number of people on the basis of property
tax or education.
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7. It created a new office of the High Commissioner for India in London and transferred to him some of the functions hitherto performed by the Secretary of State for India.
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8. It provided for the establishment of a public service commission.
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Hence
a Central Public Service Commission was set up in 1926 for recruiting civil servants8 .
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9. It separated
for the first time
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10. It provided for the appointment of a statutory commission to inquire into and report on its working after ten years of its coming into force.
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Simon Commission In November 1927 itself (i.e.
2 years before the schedule)
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Communal Award In August 1932
Ramsay MacDonald
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Gandhiji was distressed over this extension of the principle of communal representation to the depressed classes and undertook fast unto death in Yerawada Jail (Poona) to get the award modified. At last
there was an agreement between the leaders of the Congress and the depressed classes.
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The agreement
known as Poona Pact
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Government of India Act of 1935 The Act marked a second milestone towards a completely responsible government in India. It was a lengthy and detailed document having 321 Sections and 10 Schedules.
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The features of this Act were as follows:
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1. It provided for the establishment of an All-India Federation consisting of provinces and princely states as units. The Act divided the powers between the Centre and units in terms of three lists–Federal List (for Centre
with 59 items)
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2. It abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in its place. The provinces were allowed to act as autonomous units of administration in their defined spheres. Moreover
the Act introduced responsible Governments in provinces
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3. It provided for the adoption of dyarchy at the Centre. Consequently
the federal subjects were divided into reserved subjects and transferred subjects. However
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4. It introduced bicameralism in six out of eleven provinces. Thus
the legislatures of Bengal
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5. It further extended the principle of communal representation by providing separate electorates for depressed classes (Scheduled Castes)
women and labour (workers).
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6. It abolished the Council of India
established by the Government of India Act of 1858. The secretary of state for India was provided with a team of advisors.
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7. It extended franchise. About 10 per cent of the total population got the voting right.
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8. It provided for the establishment of a Reserve Bank of India to control the currency and credit of the country.
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9. It provided for the establishment of not only a Federal Public Service Commission
but also a Provincial Public Service Commission and Joint Public Service Commission for two or more provinces.
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10. It provided for the establishment of a Federal Court
which was set up in 1937.
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Indian Independence Act of 1947 On February 20
1947
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The features of this Act were as follows:
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1. It ended the British rule in India and declared India as an independent and sovereign state from August 15
1947
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2. It provided for the partition of India and creation of two independent dominions of India and Pakistan with the right to secede from the British Commonwealth.
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3. It abolished the office of Viceroy and provided
for each dominion
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4. It empowered the Constituent Assemblies of the two dominions to frame and adopt any constitution for their respective nations and to repeal any act of the British Parliament
including the Independence act itself.
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5. It empowered the Constituent Assemblies of both the dominions to legislate for their respective territories till the new constitutions were drafted and enforced. No Act of the British Parliament passed after August 15
1947 was to extend to either of the new dominions unless it was extended thereto by a law of the legislature of the dominion.
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6. It abolished the office of the Secretary of State for India and transferred his functions to the Secretary of State for Commonwealth Affairs.
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7. It proclaimed the lapse of British paramountcy over the Indian princely states and treaty relations with tribal areas from August 15
1947
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8. It granted freedom to the Indian princely states either to join the Dominion of India or Dominion of Pakistan or to remain independent.
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9. It provided for the governance of each of the dominions and the provinces by the Government of India Act of 1935
till the new Constitutions were framed. The dominions were however authorised to make modifications in the Act.
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10. It deprived the British Monarch of his right to veto bills or ask for reservation of certain bills for his approval. But
this right was reserved for the GovernorGeneral. The Governor-General would have full power to assent to any bill in the name of His Majesty.
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11. It designated the Governor-General of India and the provincial governors as constitutional (nominal) heads of the states. They were made to act on the advice of the respective council of ministers in all matters.
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12. It dropped the title of Emperor of India from the royal titles of the King of England.
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13. It discontinued the appointment to civil services and reservation of posts by the secretary of state for India. The members of the civil services appointed before August 15
1947 would continue to enjoy all benefits that they were entitled to till that time.
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At the stroke of midnight of 14-15 August
1947
