Historical Background - The Company Rule

 We divide history of constitution in two parts:

1. The Company Rule (1773-1858)

2. The Crown Rule (1858-1947)

The Company Rule: It start with regulating act 1773. It was the first step taken  by British government to control and regulate the affairs of East India Company and it laid the foundation of central administration in India.

Feature of 1773 Act:

• It designate the Governor of Bengal as 'Governor-General of Bengal'  and created an executive council of four members. The first Governor-general was Lord warren Hastings.
• It made the Governor of Madras and Bombay Presidencies subordinate of Governor-General of Bengal
• It provided for the establishment of a Supreme Court at Calcutta (1774)  comprising one chief justice and three other judges.
• It Prohibited the servant of company from engaging in any private trade or accepting presents or bribes from the 'natives'.
• It establish the court of directors who get report of revenue, civil and military affairs in India.

Amending Act 1781: Also know as act of settlement

• It exempted the Governor-General and council, and servant of company from the jurisdiction of the supreme court for the act done by them in their official action.
• It excluded the revenue matter from the jurisdiction of supreme court.
• It laid down that the appeal from the provincial courts could be taken to the Governor-general-in-council and not to the supreme court.
• It empowered the Governor-general-in-council to frame regulation for the provincial courts and councils.

 Pitt's India Act 1784: 

• It distinguish between the commercial and political function of company.
• It establish double system of government, Court of director has to manage the the commercial affairs, board or control to manage the political affairs.
• It empowered the board of control to supervise and direct all operations of the civil and military government or revenue of British possession in India.

Note: First time, Company territories in India was called 'British Possession in India'. British government was given the supreme control over company affairs and its administration in India.

Act of 1786: Lord Cornwallis GGB

• GGB got the power to override the decision of his council in special case
• GGB became the commander in chief

Charter Act of  1793:

 

• It laid down that the members of Board of Control and their staff were, henceforth, to be paid out of the Indian revenues.

Charter Act 1813:

• It abolished the trade monopoly of the company in India. However, it continued the monopoly of the company overtrade in tea and trade with China.
• It allowed the Christian missionaries to come to India for the purpose of enlightening the people.
• It authorized the Local Government in India to impose taxes on persons.

Charter Act 1833: Final step toward centralization in British India.

• Governor-General of Bengal changed to Governor-general of India, Lord William Bentick was the first Governor-general of India.
• It ended the activities of the East India Company as a Commercial body, which became a purely administrative body.
• It attempted to introduce a system to open competition for selection of civil servants.

Charter Act 1853: This was the last of the series of charter Acts passed by British parliament between 1793 and 1853.

• Its separated, for the first time, the legislative and executive functions of the governor general council.it provided for addition of six new member called legislative councilors to the council.
• It introduced an open competition system of selection and recruitment of civil servants. Maculay committee was appointed in 1854.
• It introduced, for the first time, local representation in the Indian legislative council. Of the six new legislative members of the Governor general council, four member were appointed by the local governments of Madras, Bombay, bengal and Agra.

The Crown Rule (1858-1947): The act known as the Act for the Good Government of India, abolished the East India Company and transferred the power to British Crown.

• It changed the designation of governor general of India to that of Viceroy of India. Lord Canning, thus became the first Viceroy of India.
• It ended the system of double government by abolishing the board of control and Court of Director.
• It Created a new office, Secretary of state for India.
• It established a 15-member council of India to assist the Secretary for India. The council was an advisory body. The Secretary of state was made the chairman of the council.

Indian Council Act:

• First time, Viceroy, Lord canning nominated three Indians(non official members) to his legislative council- the Raja of Benaras, the Maharaja of Patiala, and sir dinkar rao.
• It initiated the process of decentralization by restoring the power to the Bombay and Madras.
• It also provided for the establishment of new legislative council for Bengal, Nort-Western Provinces and Punjab.
• It empowered the Viceroy to make rules and orders for the more convenient transaction of business in the council.
• It empowered the Viceroy to issue ordinances, without the concurrence of legislative council, during an emergency. The life of such an ordinance was six month.

Indian Council Act 1892:

• It increased the number of additional members in the centra; and provincial legislative councils.
• legislative councils got the power of discussing the budget and addressing question to the executive.
• It provided for the nomination of some non-official members of the Central legislative council by the viceroy on the recommendation of the provincial legislative council and Bengal chamber of Commerce and that of provincial legislative councils by the Governor on the recommendation of the district boards.

Indian Council Act 1909: This act is also know as Morley-Minto reforms(Morley was then secretary of State for India and Minto was then Viceroy of India.

• It considerably increased the size of legislative councils, both central(16 to 60) and provincial(not uniform).
• It retained official majority in the central legislative council, but allowed the provincial legislative council to have non-official majority.
• It provided for the association of Indians with the executive councils of the viceroy and Governor. Satyendra prasad sinha became the first Indian to join the viceroy executive council.
• It introduced a system of communal representation for Muslims by accepting the concept of  'Separate electorate'.
• Lord Minto came to be known as the Father of Communal Electorate.
• It also provided for the separate representation of presidency corporation, chamber of commerce, universities and zamindars.

Government of India Act 1919: 

It came into force in 1921. This Act is also known as Montagu Chelmsford Reforms( Montagu was the secretary of state of India and chelmsford was the viceroy of India).

• Central and provincial legislature were authorized to make laws on their respective list of subjects.
• It 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 were to be administered by Governor and his council.
• It introduced, for the first time, bicameralism and direct election in country.
• It required the the three of the six members of the viceroy executive council were to be Indian.
• It extended the principal of communal representation  by providing separate electorates to Sikh, Christians', Anglo-Indian and Europeans.
• It created new office of high commissioner for India in London and transferred to him some of the function hitherto performed by Secretary of state of India.
• It Provided establishment of a public service commission.
• It separated, for the first time, provincial budget from central budget.
• It provided for the appointment of statutory commission to inquire into and report on its working after ten year of it coming into force.

Simon Commission: In November 1927, two year before, the British Government announced the appointment a seven member statutory commission under the chairman ship of Sir John simon to report on the condition of India under its new constitution.It was boycotted by all parties as all the members were British.

The commission submitted its report in 1930 and recommended the abolition of dyarchy, extension of responsible government in the provinces, establishment t of federation of British India and Princely states, continuation of communal electorate.
To consider the proposal of commission , the british government convened three round table conferences of the representatives of British Government, British India and Princely State.

The recommendation of this committee were incorporated in the next Government of India Act 1935.

Communal Award:

In august, 1932, Ramsay MacDonald, the British Pm, announced a scheme of representation of minorities, which came to be known as the communal award.

It continued seperate electorate for the Muslims, Sikhs, Indian Christians, Anglo Indians and European but also extended to the depressed classes.

Gandhiji undertook fast unto death in Yerwada Jail to get the award modified. 

Poona Pact: An agreement between congress leader and depressed classes, as per agreement, depressed class got reserved seat.

Government of India Act 1935: It was length and detailed document having 321 sections and 10 schedules.

• It provided for the establishment of all India federation consisting of provinces and princely states as units. the act divides the power between the centre and unit in terms of three list- Federation List, provincial List and concurrent List.
• It abolished dyarchy in the provinces and introduced 'Provincial autonomy' in its place.Governor was required to act with the advice of minister responsible to the provincial legislature. this came into effect in 1937 and was discontinued in 1939.
• It provided adaption of dyarchy at Centre. Consequently, the federal subjects were divided into reserved subjects and transferred subject.
• It introduces Bicameralism in six out of eleven provinces. Bengal, Bihar, Bombay, Madras, assam and united provinces were made Bicameral.
• It provided separate electorates for depressed class, women and labour.
• It abolished the Council of India, established by Government of India Act 1958.
• It provided for establishment of Reserve Bank of India.
• It provided for the establishment of Federal, provincial and Join Service commission.
• It provided for the establishment of Federal court, which was setup in 1937.

India Independence Act 1947: OnFeb, 1947, the british Pm clement atlee declared the the British rule in India would end by june 30, 1948. On June2, 1947 british Government made it clear that any constitution framed by constitution assemble on India cann't apply to those part of Country which were unwilling to accept it. On same day, Lord Mountbatten, the Viceroy of India, put forth the partition plan known as the Mountbatten Plan.

It abolished the office of Viceroy and provided, for each dominion, a governor general.

It abolished the office of Secretary and transferred his function to secretary of statefor commonwealth affairs.

It proclaimed the lapse of British paramountcy over the Indian princely states and treaty relation with tribal areas.

It granted freedom to Indian Princely state either to join India or pakistan or to remain independent.

It deprived the British Monarch of his right to veto Bills or ask to reservation of certain Bills for his approvals.

It dropped the title of Emperor of India from the royal titles of the King of India.

It discontinued the appointment of civil services and reservation of post by secretary of state for India. 

**Lord Mountbatten became the first Governor general of the new Dominion of India. The constituent assembly of India formed in 1946 became the parliament of Indian Dominion.