Historical Background of Indian Constitution

        The historical context of the Constitution of India carries immense significance in various examinations, as it provides valuable insights into the inception and growth of India's constitutional framework. The journey of the Indian Constitution can be retraced through a series of regulations and acts that were passed prior to Indian Independence. This article delves into the pre-Independence acts and regulations that contributed to this evolution.

Company Rule (1773-1858)

Regulating Act of 1773 :

• It designated the Governor of Bengal as the 'Governor General of Bengal' and whose tenure of office was for a period of 4 years.
• A governing body comprising 4 members, known as the Executive Council, was established to assist the Governor General (Governor General + 4 members). There was no separate legislative council.
• The first such Governor General was Lord Warren Hastings.
• The government was to be conducted in accordance with the decision of the majority. The Governor general had a casting vote in case of tie.
• This act subordinated the the Governors of Bombay and Madras to the Governor General of Bengal, unlike earlier, when the three presidencies were independent to each other.
• The act provided for the establishment of a Supreme Court at Calcutta (Fort William) in 1774, Consisting of One Chief Justice and three other judges.
• It prohibited servants of the Company from engaging in any private trade or accepting presents or bribes from the 'natives'.
• The term of office of the Court of directors (Who were responsible for managing the company affairs in Home Government) was extended from one year to four years. One-fourth of them were to retire every year and retiring directors were not eligible for re-election.
• Court of Directors should report on its revenue, civil and military affairs in India to the British Government.

Significance of the act:

• The Regulating Act of 1773 served as the cornerstone for establishing a centralised administration in India.
• It marked a significant milestone by officially recognising the political and administrative functions of the British East India Company, which had previously operated primarily as a trading entity.
• This act also initiated the British government's initial efforts to exercise control over and regulate the company's operations in India.

Pitts India Act of 1784 :

• It distinguished between the commercial and political functions of the Company.
• It allowed Court of Directors to manage commercial affairs of the company.
• It created the Board of Control to manage the political affairs of the company consisting of six members. They were appointed by the Crown. It Consists of ;
• The Chancellor of Exchequer 
• A Secretary of state
• Four members of the Privy Council
• It reduced the the number of members of the Governor-General's Council from four to three including the commander in chief. (Governor + 3 members)
• Governor's Councils were established in Madras and Bombay. 

Significance of the Act:

• For the first time the companies territories in India were called "The British possessions in India"
• British Government was given the supreme control over company's affairs and its administration in India. 

Charter Act of 1813 :

• The Company's monopoly over Indian trade terminated; Trade with India open to all British subjects. However the company was allowed to enjoy the monopoly of trade with China and trade in tea.
• Missionaries allowed to preach in India.
• A sum of Rs. 1 Lakh was set aside for the education of Indian Population.

Significance of the Act:

• This is the first step towards recognising the state's responsibility for education.

Charter Act of 1833 :

• The Governor General of Bengal became the Governor General of India, and Lord William Bentinck was the first Governor- General of India.
• This Act took away the legislative powers of of Bombay and Madras provinces, and the Governor-General of India given exclusive powers for the entire British India.
• This Act marked the beginning of central legislature in India and final step towards the centralisation in British India.
• This act ended the activities of the East India Company as a commercial Body and it became pure administrative body.
• British Government took over the financial activities of East India Company.

Charter Act of 1853 :

• It separated the Legislative and Executive functions of the Governor Generals Council.
• In Established a separate Governor General's legislative council which became to be known as Indian (central) legislative Council.
• It provided for addition of 6 new members called legislative councillors to the council. Four out of Six were appointed by the Provincial Governments of Madras, Bombay, Bengal and Agra.
• It introduced an open competition system for the recruitment of civil servants . Thus, the covenanted civil service was thrown open to the Indians as well.
• Macaulay Committee (the committee on the Indian Civil Service) was appointed in 1854.

Significance of the act:

• For the first time, Legislation,, was treated as the special function of the government, requiring special machinery and special process..
• It introduced for the First time, local representation in the Indian Legislative Council.

The Crown Rule (1858 - 1947)

Government of India Act of 1858 :

        This Act was enacted after the revolt 1857- also known as the First war of Independence or the 'sepoy mutiny'. The act also known as the Act of Good Government of India.

• The act abolished the East India Company and the rule of Company was replaced by the rule of crown in India.
• The act changed the designation of Governor General of India  to that of the Viceroy of India, and Lord canning became the first Viceroy of India.
• The Act established a new office, Secretary of State for India, who was entrusted with complete authority and Control over Indian administration.
• The Secretary of State was -
• A member of British Cabinet
• Responsible to the British Parliament.
• The act, created 15 member council of India to assist the viceroy as an advisory body.The Secretary of the State was made the chairman of the council.
• It abolished the system of double government by abolishing the Board of Control and Court of Directors. 

Indian Councils Act of 1861 :

• For the first time, the Act introduced Indian representation in institutions like the Viceroys Legislative Council. Three Indians were nominated as non-official members to the Viceroy's expanded council. The nominated individuals were:
• The Raja of Benaras
• the Maharaja of Patiala
• Sir Dinakar Rao
• It initiated the process of decentralisation by restoring the legislative powers to the Bombay and Madras Presidencies.
• It also provided for the establishment of new legislative councils for
• Bengal - 1862
• North Western Frontier Province - 1866
• Punjab - 1897
• It accorded statutory recognition to the portfolio system, introduced by Lord Canning in 1859.
• This act empowered the Viceroy to issue Ordinances.

Indian Councils Act of 1892 :

• The act expanded the size of the legislative councils (both central as well as provinces) by increasing the number of non official members, but maintained the official majority in them.
• For the first time, Indirect elections (through nominations) were introduced.
• It enlarged the functions of legislative councils and gave them the power of discussing the Budget and addressing questions to the executive.

Indian Councils act of 1909 (Morley-Minto Reforms) :

• The act increased the size of legislative councils, both central and provincial. It retained official majority in the central Legislative council but allowed provincial councils to have non-official majority.
• It changed the name of the central legislative council to imperial legislative council.
• It introduced a system of communal representation for muslims, by accepting the concept of 'separate electorate'.
• it also provided for separate representation of presidency corporations, chambers of commerce, universities and zamindars.
• For the first time, an Indian was made a member of Viceroy's executive council.        (Satyendra Prasad Sinha as the Law member)

Government of India Act 1919 (Montague-Chelmsford Reforms) :

• The act separated the Central and Provincial subjects.
• The scheme of dual governance, "Diarchy", was introduced in the provincial subjects. It divided provincial subjects into two parts - transferred and reserved.
• Transferred: These subjects were to be administered by the governor with the aid of ministers responsible to the legislative council.
• Reserved : These subjects were to be administered by the governor and his executive council without being responsible to the legislative council.
• The act introduced Bicameralism in the Centre,  consisting of Upper House (Council of States) and Lower House (Legislative Assembly).
• Majority of the members were directly elected.
• The act required that the three of the six members of the viceroys's executive council were to be Indians.
• It extended the principle of communal representation by providing separate electorates for Sikhs, Christians, Anglo-Indians and Europeans.
• The Act provided for the establishment of Public service commission.
• For the first time, it separated, Provincial budget from the central Budget.  

Government of India Act 1935 

• The Act provided for the establishment of an All-India Federation consisting of provinces and Princely states as Units. But the federation never came into existence as princely states did not join it.
• The Act divided the powers between centre and the units in terms of three lists -
• Federal List (for Centre, with 59 items)
• Provincial List (For Provinces with 54 items)
• concurrent list for both  with 36 items)
• Residuary Powers given to Viceroy.
• It abolished the council of India and the secretary of state for India was provided with a team of advisors.
• The Act abolished Diarchy in the Provinces, and introduced 'Provincial Autonomy'.
• The Act introduced Bicameralism in six out of eleven provinces. They are;
• Bengal
• Assam
• Bombay
• Madras
• Bihar
• United Provinces
• The Act extended the principle of communal representation by providing separate electorates for depressed classes, women and labours (workers).
• It Provided for the establishment of Reserve Bank of India and Federal Court.
• The Act provided for establishment of
• Federal Public Service commission
• Provincial Public Service Commission
• Joint Public Service Commission for two or more provinces.

Indian Independence act of 1947 :

• It declared India as an Independent and Sovereign state from August 15, 1947.
• It provided for partition of India and creation of two independent dominions of India and Pakistan.
• Act abolished the office of viceroy and provided for each dominion , a governor general , who was to be appointed by British king by the advice of dominion cabinet.
• Sovereignty and responsibility of British Parliament abolished.
• It granted freedom to the Indian princely states either to join India or Pakistan or to remain Independent.
• It empowered the constituent assemblies of both the dominion to frame and adopt any constitution for their respective nations.
• It designated the Governor-General of India and the Provincial governors as the (nominal) Heads of the states.
• It assigned dual functions (Constituent and Legislative) to the constituent assembly and declared this dominion legislature as sovereign body.
• It dropped the title of Emperor of India from the royal titles of the King of India.