Apna Gyaan

In the previous post, we have discussed the Constitutional Development phase-1, Company rule in India.

Constitutional Development: THE CROWN RULE (1858-1947)

In 1857, a major political change took place in the Indian subcontinent. The autocratic company rule suppressed people which led to rising Nationalist activities in India.

So, people started fighting against the oppressive policies of Company rule. The company’s hunger to be a political power in India gave a nationalistic feeling to the Indian Princely States and Sepoys also due to religious concerns became a rebel to the company’s rule. So, these activities led to the First War of Independence or Sepoy’s Mutiny of 1857.

All these activities led to the coming of British Crown’s complete acquisition to Indian Subcontinent. So, in this article, we will discuss Constitutional Development under the Crown rule in India.

Government of India Act, 1858

The act is known as the Act of good government of India. This act abolished the East India Company rule. And the British Crown became the sole authority for Indian affairs.

• This act allowed Indian representation in institutions like the viceroy’s executive and legislative council (non-official). But it was on the nomination basis. 3 Indians entered the Legislative council. 
• The process of decentralization began by restoring the legislative powers of the Bombay and Madras presidencies.
• The act came with the portfolio system.

India’s Council Act, 1861

The important features of the act were,

• The powers of the British crown were to be exercised by the SoS (secretary of state). And it also established, 15-member council of India to assist the SoS regarding Indian affairs.
• Secretary of State was vested with complete authority and control over the Indian administration. Viceroy became his agent. 
• The Governor-General renamed as the Viceroy of India. Lord canning was the first viceroy of India.
• Abolished board of control and court of directors.

India’s council Act, 1892

• It increased the number of non-official members to the legislative councils.
• The phenomena of election came into existence. Act introduced indirect elections.
• Enlarged the function of legislative councils. Act empowered legistalure by giving them the power to discuss the budget. And raising questions to the executive was also allowed but executive was not forced to answer.

India’s council Act, 1909

This act is also known as Morley-Minto Reforms. This act sowed the seeds of communalism in India. The birth of Pakistan was the by-product of this act.

• The size of the legislative council was increased from 16 to 60.
• It changed the name of the central legislative council to the Imperial legislative council.
• Indians for the first time in Viceroys executive council. (Satyendra prasad Sinha, first Indian joined as a law member).
• It introduced a system of communal representation for Muslims by accepting the concept of separate electorate. (Partition of Bengal on the basis of Religion.)

Before jumping to the the next act, here I want you guys to get acquainted with the story of communalism in India. So here, I am presenting pictographical stance,

Government of India Act, 1919

Montague-Chelmsford Reforms is another name for this act. Actually, the act of 1919 laid the strong foundation of the constitutional development in India.

• Act separated and demarcated the central and provincial subjects.
• It also divided provincial subjects into transferred and reserved subjects.
• The scheme of dual governance, diarchy was introduced in the provincial subjects.
• It introduced bicameralism (In present times 7 states have both Vidhan Parishad and Vidhan Sabha; Andhra Pradesh, Karnataka, Bihar, Uttar Pradesh, Telangan, Maharastra and Jammu & Kashmir ) and direct election in the country.
• The act also mandate that the three of the six members of the viceroy’s executive council (other than commander-in-chief) were to be Indian.
• It extended the communal representation by providing separate electorate to Sikhs, Indian Christians, Anglo-Indians, and Europeans.
• Provided for the establishment of a public service commission.

Government of India Act, 1935

• It provided for the establishment of all India Federation. The federation consisting of the provinces and the princely states as units.
• The powers divided between the center and states in terms of three lists. So, the lists were the Federal List (for the center, with 59 items) Provincial List (for provinces, with 54 items) and concurrent List (for both, with 36 items).
• It abolished diarchy and introduced ‘provincial autonomy’ in its place.
• The residuary powers were vested with the Governor-General.
• This act introduced bicameralism in six out of eleven provinces.
• It further extended the separate electorate for depressed classes (scheduled castes), women and labour.
• It provided for the establishment of the federal court and the Reserve Bank of India.

India Independence Act, 1947

It declared India as an Independent and Sovereign State from August 15, 1947.

• It provided a partition of India. And the creation of two independent dominions of India and Pakistan.
• Designated the Viceroy of India and the provincial Governors as the Constitutional head.
• It assigned dual functions (Constituent and Legislative) to the Constituent Assembly and declared this dominion legislature as a sovereign body.

So, let us summarize the Constitutional Development under British Crown with the diagram,

So, this was all about the constitutional development in India. We can clearly see that there were two phases of Constitutional Development. One is under East India Company rule and another is under the British Crown. 

So, in the upcoming post, we will discuss the Making of Indian Constitution in detail. Till then keep studying and stay updated. 😊

Thanks and Stay Civilised. 😊