Constitutional Development in India: Complete Notes for SSC & Railway Exams

Introduction

Constitutional development referred to the changes in the Constitution under British period to the time when Indian Constitution came into effect from 1950.

Understanding the Constitutional Development in India is important for scoring high marks in Indian Polity sections of SSC and Railway exams. The framework of the modern Indian Constitution evolved through key acts implemented during British era.

This article breaks down the evolutionary timeline into two phases: Company Rule (1773-1853) and Crown Rule (1858-1947). This topic comes under the Static General Knowledge section useful for aspirants preparing for any SSC and Railway exams.

1. Company Rule (1773- 1853)

During this period, the British Parliament enacted several acts to regulate and control the affairs of the East India Company in India.

The Regulating Act (1773)

• The first step taken by the British Parliament was to regulate and control the affairs of East India Company by the British Government.

• Provided for centralization of administration of company’s territories in India.

• Governor of Bengal became Governor-General of Bengal (First Governor General of India: Warren Hastings).

• A Supreme Court was to be established at Fort William in Calcutta (1774).

• Sir Elijah Impey was the first Chief Justice.

The Pitt’s Act (1784)

• This act gave the British Government the supreme command over company’s affair and its administration in India.

• Court of directors consisting of 24 members was appointed to look after commercial functions.

• Provided for board of controls of 6 parliamentary commissioners appointed to control Civil, Military and Revenue Affairs in India.

Charter Act (1793)

• This act established the Company’s trade monopoly with India.

• Salaries of staff was to be paid from the company.

• The Company had to pay the British government Rs. 5 Lakhs annually from Indian revenue.

The Charter Act (1813)

• Their trade monopoly was ended except for the trade in tea, opium, and with China.

• Provided Rs. 1 Lakh in education.

• Defined the Constitutional position of British Indian territories for the first time.

The Charter Act (1833)

• With the introduction of this act, centralisation of powers begin.

• Ended the East India Company Monopoly of trade even in tea & with China.

• Governor-General of Bengal to be called Governor-General of India (First Governor-General of India: Lord William Bentinck)

• All legislative, administrative and financial powers were given to governor- general of India.

• A law commission (under Lord Macaulay) was constituted for the unification of laws.

The Charter Act (1853)

• Legislation was introduced for the first time as separate form of “executive functions.”

• Recruitment of company’s employee was to be done through Competitive Exams. (excluding Indians)

• It introduced for the first time Local representative in the Indian Legislative Council.

2. Crown Rule (1858- 1947)

Following the Indian Revolt of 1857, the British crown established the East India Company and assumed direct governance over India.

Government of India Act (1858)

• The power was shifted from the company to the British Crown.

• The rights East India Company were handed over to the British Crown.

• The Governor-General of India was made the Viceroy of India. (First Viceroy of India: Lord Canning).

• The Secretary of State of India was appointed.

• A unitary and highly centralized administrative structure was created.

The Indian Council Act (1861)

• The Executive Council was now to be called the Central Legislative Council.

• A 15-members was added to the Viceroy’s executive council.

• Portfolio system (by Lord Canning in 1859) was introduced so that work could be distributed among members.

• Discussion of Budget was allowed for the first time.

Indian Councils Act, 1909 (Morley- Minto Reforms)

• Morley was the then Secretary of state while Minto was the then Viceroy of India.

• Additional members in the central legislative assembly were increased to 60.

• Indirect elections were introduced for the first time to the Legislative Councils.

• The members of legislative council could ask supplementary questions, discuss bills e.t.c.

• Separate electorates were introduced for the Muslims.

• Communal Representation was introduced.

• Satyendra Prasad Sinha became the first Indian to join Viceroy’s executive council.

The Government of India Act, 1919 (Montague- Chelmsford Reforms)

• Montague was the then Secretary of the state while Chelmsford was the Viceroy of India.

• Direct elections were introduced for the first time in India.

• Subject of administration were divided into two categories- “Central” (matters relating to the railways & finance) and “Provincial” (matters relating to the administration).

• Bicameral Legislature was introduced for the first time. The provincial subjects divided into two categories- “Transferred” and “Reserved” subjects.

• “Dyarchy System” was introduced in the province.

The Government of India Act, 1935

• Provided for 3-fold division of legislative power i.e. 3 lists- Federal, Provincial and Concurrent lists.

• Dyarchy system was introduced at the central level.

• Provided for the establishment of a Federal court.

• Bicameralism was introduced in 6 Provinces (Bengal, Bombay, Madras, Assam, Bihar, United Provinces) out of 11 provinces.

• Establishment of Reserve Bank of India (RBI).

Cripps Mission (1942)

• In March 1942, Cripps Mission was sent to India under the leadership of Sir Stafford Cripps.

• Dominion status was proposed after the 2^nd world war.

• “Constitution of India” to be made by an assembly whose members were elected by provincial assemblies.

Cabinet Mission Plan (1946)

• A cabinet mission was sent to India in February 1946 to discuss the power transfer in India under the leadership of Lord Atlee.

• There was to be a “union of India” consisting both British provinces and Indian states with control over foreign affairs, defence and communication.

• On 2^nd September 1946, a 14 members from Major political parties would form an interim government to assist the transfer of powers.

• The Cabinet Mission consists of 3 members: 1) Lord Pethick Lawrence,  2) Sir Stafford Cripps &  3) Mr. A.V. Alexander.

• The union constitution was to be framed by Constituent Assembly on November 1946.

Indian Independence Act, 1947 (Mountbatten Plan)

• This act did not lay down any provisions for the Indian administration.

• Partition of India & the establishment of two dominions of India & Pakistan on 15^th August 1947.

• Ended the British rule in India.

Quick Revision Table for SSC and Railway Exams

Frequent One-Liner Exam Questions (PYQ’s)

Q1) Which act introduced open competitive exams for Civil Services in British India?

Ans: Charter Act (1853)

Q2) Which act provided separate electorates for Muslims for the first time?

Ans: Indian Councils Act, 1909 (Morley- Minto Refroms)

Q3) Which act transferred the power from the East India Company to the British Crown?

Ans: Government of India Act, 1858

Q4) Which act established the Reserve Bank of India?

Ans: Government of India Act, 1935.