Constitutional Development during British Rule

1. Introduction

The constitutional development in British India was a gradual and often piecemeal process, primarily driven by the administrative needs of the British East India Company and later the British Crown, coupled with the increasing demands for self-governance from Indian nationalists. This evolution laid the groundwork for modern Indian democracy.

2. Early Developments (Value Added)

Regulating Act of 1773: First step taken by the British Government to control and regulate the affairs of the East India Company in India. It designated the Governor of Bengal as the Governor-General of Bengal and established a Supreme Court at Calcutta.
Pitt's India Act of 1784: Distinguished between commercial and political functions of the Company. Established a Board of Control to supervise the Company's civil, military, and revenue affairs in India, creating a system of 'dual government'.
Charter Acts (1813, 1833, 1853):
- 1813: Ended the Company's monopoly on trade with India except for tea and trade with China.
- 1833: Made the Governor-General of Bengal the Governor-General of India, centralizing administration. It also attempted to introduce an open competition system for civil servants (though not fully implemented).
- 1853: Separated the legislative and executive functions of the Governor-General's Council. Introduced an open competition system for the recruitment of civil servants.
Government of India Act 1858: Following the Revolt of 1857, this Act transferred the powers of governance from the East India Company to the British Crown. It abolished the Board of Control and Court of Directors, creating the office of Secretary of State for India.
Indian Councils Act 1861: Introduced a slight element of popular representation by allowing Indians to be nominated to the legislative councils. Initiated the process of decentralization by restoring legislative powers to the Bombay and Madras Presidencies.

3. Indian Councils Act of 1892

The Indian Councils Act of 1892 was a significant step in the constitutional development of India under British rule.

By the Act of 1892, a few Indians could be members of the Councils which had the power of enacting laws only.
The Councils had not the power of controlling the executive or the right of interpellation.
With the founding of the Indian National Congress in 1885, there was a persistent demand for the inclusion of a larger number of Indians, on the basis of election, in the Councils and other related rights and powers.
During the administration of Lord Dufferin, a Commission was appointed to examine the demands of the Congress.
Pursuant to the report and recommendation of the Commission, Lord Cross, the then Secretary of State for India, got the Indian Councils Act of 1892 passed by the Parliament.
By the Act of 1892, the membership of the Governor General's Council and of the provincial councils was increased.
But the members were to be nominated as before; the principle of election was not conceded.
The only exception was that the District Boards and the Municipal Boards, which were allowed to nominate members to the Councils indirectly, followed the principle of election, for the members of the District Boards and the Municipal Boards were themselves elected representatives.
The powers of the Councils were also enhanced in some measures.
Formerly, the members of the Councils could express their opinion in matters of taxation.
But in the Act of 1892, they were allowed to discuss the government budget and put questions to the Executive on certain matters of administration.
Although the Councils Act of 1892 was an improvement upon the former Councils Act, it did not meet the demands of the people.
The majority of the members of the Councils were still nominated by the government.
However, in the newly formed Central Council, the presence of leaders like Gopal Krishna Gokhale, Rashbehari Ghosh, Asutosh Mukherjee, Surendranath Banerjee, etc., made the discussions and deliberations lively and if their criticism could not control the government, at least succeeded in influencing it to some extent.

4. Morley-Minto Reforms, 1909 (Indian Councils Act 1909)

The Morley-Minto Reforms of 1909 were introduced due to the intensity of the Congress movement and persistent demand for Congress for constitutional reforms.

These reforms provided for the association of qualified Indians with the government to a greater extent in deciding public questions.
One seat in the Governor General's Executive Council was reserved for an Indian member.
S. P. Sinha, later Lord Sinha, was the first Indian to attain that honour.
The number of members of the Executive Councils of Bombay and Madras was raised to four.
Although there was no provision for reserving any seat for any Indian in the Executive Councils of the provinces, Raja Kishori Lal Goswami was appointed a member of the Executive Council of Bengal.
The most striking feature of the Act of 1909 was the introduction of important changes in the composition and functions of the Legislative Councils.
The number of additional members of the Central Legislature was raised from sixteen to a maximum of sixty, of whom not more than 28 were to be officials.
The Governor General was empowered to nominate three non-officials to represent certain specified communities and could as well nominate two more members.
The remaining 27 seats were to be filled in by non-official elected members.
The membership of the Provincial Councils was also increased and whereas in the Central Legislature the nominated members constituted the majority, in the Provincial Legislatures provision was made so that elected members were in the majority.
The Act of 1909 gave separate electorate to the Muslims.
The Legislative Councils under the new Act were given the power to discuss the budget, to move resolutions, to discuss the problems of the country and adopt resolutions on those matters.
The government, however, rejected any of such proposals or resolutions.
About the native states, military department, foreign relations, the Legislative Councils could not move any resolutions.
The Morley-Minto reforms had no doubt marked an important step in the constitutional progress of India, they did not give Parliamentary government to India.
These naturally did not come up to the satisfaction of the Indian people and their discontent continued unabated.

5. Later Constitutional Developments (Value Added)

Montagu-Chelmsford Reforms (Government of India Act 1919):
- Introduced 'Dyarchy' at the provincial level, dividing subjects into 'transferred' (administered by ministers responsible to legislative council) and 'reserved' (administered by governor and executive council).
- Introduced bicameralism at the center.
- Further extended separate electorates to Sikhs, Indian Christians, Anglo-Indians, and Europeans.
Simon Commission (1927):
- An all-white commission sent to India to review the working of the 1919 Act and suggest further reforms.
- Boycotted by Indian political parties due to the absence of Indian members.
Round Table Conferences (1930-1932):
- A series of three conferences held in London to discuss constitutional reforms in India.
- The First RTC was boycotted by the Congress. Gandhi participated in the Second RTC after the Gandhi-Irwin Pact.
Government of India Act 1935:
- Provided for an All-India Federation comprising British Indian provinces and princely states (though princely states never joined).
- Introduced provincial autonomy, abolishing dyarchy in provinces and making ministers responsible to provincial legislatures.
- Introduced dyarchy at the Centre for certain subjects.
- Provided for the establishment of a Federal Court.
Indian Independence Act 1947:
- Enacted by the British Parliament, leading to the partition of British India into two independent dominions: India and Pakistan, on August 15, 1947.
- Abolished the office of Viceroy and provided for a Governor-General for each dominion.
- Ended British paramountcy over princely states, giving them the choice to accede to either India or Pakistan or remain independent.