Administrative and Legislative Reforms Under British Rule (Pre-1857): Establishing the Foundation
The first measures towards an organized administrative and legal framework were initiated by the British to manage their growing interests in India.
1. Regulating Act of 1773: Following Lord North’s committee report, this represented the initial instance of British parliamentary oversight of the East India Company. The Governor of Bengal was promoted to Governor General of the three Presidencies (Calcutta, Bombay, Madras), with Warren Hastings being the first to hold this influential position. Additionally, a Supreme Court in Calcutta was established, and the Governor General was granted the power to formulate rules and regulations with its approval.
2. Pitt’s India Act of 1784: Implemented to enhance the Regulating Act, this legislation sought to improve administrative discipline within the Company. A six-member Board of Controllers, led by a British government minister, took charge of all political issues. Trade and commerce continued to be managed by the Company's Court of Directors. Importantly, provincial governments were now required to adhere to Central Government directives, and the Governor General had the authority to remove non-compliant provincial administrations.
3. Charter Act of 1793: This Act reaffirmed the key provisions of previous statutes. It also required that the salaries of the members of the Board of Controllers would be sourced from Indian revenue, and courts were empowered to interpret rules and regulations.
4. Charter Act of 1813: This signified a considerable change as the East India Company’s trade monopoly was abolished. The powers of the Madras, Bombay, and Calcutta Councils were enhanced but brought under closer examination by the British Parliament. Notably, Christian missionaries were allowed to spread their faith in India, and local self-governing bodies received the authority to impose taxes.
5. Charter Act of 1833: This Act significantly extended the powers of the Governor General and his Council, permitting them to legislate for the entire country, contingent only upon the Board of Controllers’ approval. The Council acquired complete authority over revenue, and the Governor General prepared a consolidated budget for the nation. The East India Company transformed into a largely administrative and political body, with various British Lords and Ministers becoming ex-officio members of the Board of Controllers. For the first time, the Governor-General’s Government was officially referred to as the ‘Government of India,’ and his Council was designated as the ‘Indian Council. ’
6. Charter Act of 1853: The last of the Charter Acts, this law brought about significant modifications to the Indian legislative framework. Following the report by Governor General Dalhousie regarding the enhancement of Company administration, a dedicated Governor for Bengal was planned for appointment. The legislative and administrative roles of the Council were clearly differentiated. Recruitment for Company staff was to rely on competitive exams, a noteworthy advancement. Additionally, the British Parliament retained the authority to end the Company's rule over India at any suitable time.
Administrative and Legislative Reforms After the 1857 Revolt: Direct British Rule
The Indian Rebellion of 1857, regarded by the British as a sepoy insurrection and by many Indians as the First War of Independence, represented a significant turning point, resulting in direct British authority over India.
1. Government of India Act, 1858: As a direct result of the 1857 uprising, the British Crown took control of India from the East India Company. This Act represented the initial statute for governing India under direct British authority, establishing complete British imperial dominion with no provisions for Indian participation in governance. The powers of the Crown were to be executed by the Secretary of State for India, supported by a fifteen-member Council of India. The country was segmented into provinces led by Governors or Lieutenant-Governors assisted by Executive Councils, all operating under the oversight of the Governor-General. All governing power was entrusted to the Governor-General in Council, who was answerable to the Secretary of State, who in turn was accountable to the British Parliament.
2. Indian Councils Act, 1861: A significant milestone in India’s constitutional history, this Act reaffirmed the authority of the Secretary of State, exercised through the Governor-General. Notably, it allowed the Governor-General to include representatives of the Indian people in the legislative process by appointing them to his enlarged council. The Executive Council of the Governor-General was to comprise additional non-official members during legislative activities as a Legislative Council, although this assembly did not truly serve as either a representative or deliberative body. The Act also decentralized legislative powers, allocating them to the Governments of Bombay and Madras.
3. Indian Councils Act, 1892: This Act further broadened the function of non-official members within the Indian Legislative Council, with nominations originating from organizations like the Bengal Chamber of Commerce and Provincial Legislative Councils. Non-official members of Provincial Councils were to be selected by local organizations such as universities, district boards, municipalities, and zamindars. The Councils obtained the authority to discuss the Budget and ask questions to the Executive.
4. Morley-Minto Reforms and the Indian Councils Act, 1909: Following the recommendations of Lord Morley (Secretary of State) and Lord Minto (Viceroy), this Act considerably increased the maximum number of additional members in the Indian Legislative Council (Governor-General’s Council) from 16 to 60. Provincial Legislative Councils were also enhanced to incorporate elected non-official members, eliminating the official majority. While an element of elections was introduced at the central level, the official majority persisted there. The Legislative Councils were given the authority to propose resolutions regarding the Budget and issues of public interest (excluding topics such as the Armed Forces, Foreign Affairs, and Indian States). This Act is notably recognized for introducing, for the first time, separate representation for the Muslim community, planting the seeds of separatism.
5. The Government of India Act, 1915: This act mainly aimed to consolidate the provisions of the earlier Government of India Acts.
6. Montague-Chelmsford Report and the Government of India Act, 1919: Secretary of State E. S. Montagu and Governor General Lord Chelmsford developed proposals that resulted in this important Act. Its purpose was to implement 'Responsible Government in the Provinces' without reducing the Governor's ultimate accountability, utilizing a system referred to as 'Dyarchy' or dual government. Administrative matters were categorized into Central and Provincial sections. Provincial matters were further classified into 'transferred' (managed by the Governor with Ministers accountable to the elected Legislative Council) and 'reserved' (managed by the Governor and his Executive Council without legislative accountability). Central oversight of provinces was eased regarding administrative, legislative, and financial aspects, with revenue streams separated. Provincial budgets were distinct from the central budget, and provincial legislatures were allowed to present their own budgets and impose taxes on provincial income. Nevertheless, the Central Legislature held the authority to legislate for the entire nation, and the Governor General's control over provincial legislation continued. The Indian Legislature became more representative and, for the first time, bicameral, consisting of the Council of State (Upper House) and the Legislative Assembly (Lower House). Electorates were organized based on communal and sectional grounds, further advancing the Morley-Minto approach. The Governor General maintained overriding powers in central legislation, including prior consent for specific bills, veto authority, reservation of bills for the Crown, bill certification, and the ability to issue ordinances during emergencies.
7. Simon Commission: Led by Sir John Simon, this commission was established in 1927 to evaluate the implementation of the 1919 Act and presented its report in 1930. The British Parliament reviewed the report, resulting in the creation of the Government of India Bill.
8. The Government of India Act, 1935: This Act suggested a federation consisting of Provinces and Indian States as components, though joining the federation was optional for the latter, and it never completely materialized. Legislative authority was allocated between the Centre and Provinces via Federal, Provincial, and Concurrent Lists. A Governor, representing the Crown, exercised provincial executive power with the counsel of Ministers accountable to the Legislature. However, in specific matters, the Governor acted at his ''discretion'' under the oversight of the Governor General and the Secretary of State. Central executive authority was placed in the hands of the Governor General. The Central Legislature became bicameral (Federal Assembly and Council of State), and six provinces also adopted bicameral legislative systems. In addition to the Governor General's veto, the Crown could also veto legislation passed by the Central Legislature. The Governor General possessed substantial independent legislative authority and could stop discussions or suspend actions on bills pertaining to his special responsibilities. Prior approval from the Governor-General was necessary for the introduction of certain bills. Importantly, the Dominion Status, which had been previously promised, was not granted by this Act.
9. Cripps Mission (1942): Against the backdrop of the Second World War, Sir Stafford Cripps presented a draft declaration from the British Government, suggesting the adoption of a Constitution crafted by an elected Constituent Assembly following the war. India was to receive Dominion Status with an Indian Union that included all provinces and states. Nevertheless, any province or state could opt not to participate, with the British Government possibly entering into distinct constitutional agreements with non-acceding entities. Ultimately, these proposals were rejected by both the Congress and the Muslim League.
10. Cabinet Mission Plan (1946): Lord Attlee dispatched a Cabinet Mission consisting of Lord Pethick Lawrence, Sir Stafford Cripps, and A. V. Alexander to facilitate India's independence and the creation of a Constituent Assembly. The Mission dismissed the request for a separate Constituent Assembly and a separate state for Muslims. Their plan suggested a Union of India that encompassed both British India and the States, with authority over Foreign Affairs, Defence, and Communication, and remaining powers assigned to the Provinces and States. The Union was to feature an Executive and a Legislature with representatives from the Provinces and States. Resolutions on significant communal issues in the legislature necessitated a majority of representatives from each of the two primary communities present and voting, alongside a majority of all members present and voting. Provinces were permitted to create groups with their own executives and legislatures.
11. The Mountbatten Plan (June 3, 1947): This plan, developed by Lord Mountbatten, detailed the procedure for the transfer of authority to the Indians and the division of the country.
12. The Indian Independence Act, 1947: Passed by the British Parliament, this Act revised the Government of India Act, 1935, to create temporary Constituent Assemblies in both India and Pakistan to formulate their future constitutions. Beginning on August 15, 1947, India stopped being a Dependency, and British dominance over Indian States and treaty relations with Tribal Areas ended. The role of the Secretary of State for India was eliminated. The Governor-General and Governors forfeited their extraordinary legislative powers. The Central Legislature of India was dissolved, and the Constituent Assembly itself served as the sovereign Central Legislature.
Conclusion:
The Evolution of Indian Constitution is a narrative closely linked to the history of British domination in India and the unwavering fight for Indian independence. The various Acts and reforms, although originally meant to strengthen British rule, unknowingly established the administrative and legislative foundation on which the leaders of the Indian independence movement and the members of the Constituent Assembly of India constructed the framework of contemporary India. The effects of these historical events, debated and honed, molded the distinct character of the Constitution of India, a document that still directs the world’s largest democracy.