ACTS DURING BRITISH RULE (1773-1947)

6th December, 2024

The Company Rule (1773–1858)

The series of British Acts from 1773 to 1853 marked the transformation of British rule in India from a commercial enterprise to a structured colonial administration.

 Each act increased the British government's control over Indian affairs, while also introducing reforms that later influenced India's own administrative and political evolution. 

Act

Key Provisions

Significance

Regulating Act

1773

●Established the office of the Governor-General of Bengal, with an Executive Council of four members to assist. The first Governor-General was Lord Warren Hastings.

●Made Governors of Bombay and Madras subordinate to the Governor-General of Bengal.

●Set up a Supreme Court at Calcutta (1774).

●Prohibited Company servants from private trade or accepting bribes.

●Required the Court of Directors to report on civil, military, and revenue affairs.

●First step by the British Government to control and regulate East India Company’s affairs in India.

●Recognized the Company's political and administrative roles.

●Laid the foundation for central administration in India.

Amending Act

1781

●Exempted the Governor-General and Council from Supreme Court jurisdiction for acts done in an official capacity.

●Excluded revenue matters from Supreme Court jurisdiction.

●Supreme Court had jurisdiction over all Calcutta inhabitants and would apply personal law (Hindu or Muslim) of defendants.

●Empowered Governor-General-in-Council to frame regulations for Provincial Courts.

●Addressed defects of the Regulating Act of 1773.

●Clarified judicial jurisdiction and administrative authority.

Pitt’s India Act

1784

●Differentiated between commercial and political functions of the Company.

●The Court of Directors managed commercial affairs; a new Board of Control managed political affairs, leading to a dual government system.

●Board of Control supervised civil and military operations and revenue.

●Increased the British Government's control over the Company’s political affairs.

●Marked territories in India as "British possessions," enhancing Crown control.

Act of 1786

 

●Allowed the Governor-General to override Council decisions in special cases.

●Made the Governor-General also the Commander-in-Chief.

●Strengthened the authority of the Governor-General in India, allowing more decisive governance.

Charter Act

1793

●Extended the Governor-General's overriding powers to future Governors-General and Governors.

●Strengthened the Governor-General’s control over Bombay and Madras.

●Extended the Company’s trade monopoly in India for another 20 years.

●Separated roles of Commander-in-Chief from Governor-General’s Council.

●Paid Board of Control members from Indian revenues.

●Continued the process of centralization of power in British India.

●Maintained the Company’s monopoly and strengthened administrative control.

Charter Act

1813

●Abolished the Company's trade monopoly in India, except for tea and trade with China.

●Asserted the British Crown’s sovereignty over the Company’s Indian territories.

●Allowed Christian missionaries to operate in India.

●Promoted Western education.

●Authorized local governments to levy taxes.

●Opened Indian trade to all British merchants, breaking the Company’s monopoly.

●Initiated promotion of Western education and Christian missionary activity in India.

Charter Act

1833

●Made the Governor-General of Bengal the Governor-General of India, centralizing all civil and military powers.

●Deprived Bombay and Madras Governors of legislative powers.

●Ended the Company’s commercial activities, making it solely an administrative body.

● Proposed open competition for civil service, though not implemented.

●Completed administrative centralization in British India.

●Transitioned the Company’s role from commercial to purely administrative.

●Provided the way for future civil service reforms.

Charter Act

1853

●Separated legislative and executive functions of the Governor-General’s Council, created a legislative council (Indian Central Legislative Council).

●Introduced open competition for civil service recruitment, allowed Indians.

●Continued the Company’s rule without a set time limit, emphasizing the British Crown’s sovereignty.

●Included local representation in the Legislative Council.

●Marked the beginning of legislative governance in India.

●Introduced Indian representation in governance and opened civil services to Indians.

●Indicated a shift towards direct Crown control, paving the way for future reforms and the end of Company rule.

The Crown Rule (1858–1947)

The Crown rule in India refers to the period from 1858 to 1947 during which India was governed directly by the British Crown, replacing the earlier rule of the East India Company.

Act

Key Features

Significance

Government of India Act of 1858

●Abolished the East India Company and transferred power to the British Crown.

●Changed the designation of Governor-General to Viceroy.

●Ended the system of double Government (Board of Control and Court of Directors).

●Created the office of the Secretary of State for India, responsible to the British Parliament.

●Established a 15-member Council of India to assist the Secretary of State, with the Secretary of State as Chairman.

●The Secretary of State-in-Council was given corporate status.

●Marked the beginning of direct British rule over India.

●Centralized administrative control under the British Crown, thus reinforcing British authority and removing the East India Company's role.

●Set the foundation for the establishment of British administrative structures in India.

Indian Councils Act of 1861

●Initiated representative institutions by nominating some Indians to the Viceroy's Council.

●Restored legislative powers to Bombay and Madras Presidencies, beginning decentralization.

●Established new legislative councils for Bengal, North-Western Provinces, and Punjab.

●Allowed the Viceroy to issue rules and ordinances and recognized the 'portfolio' system.

●The viceroy could issue ordinances during emergencies.

●Began the process of involving Indians in legislative functions, though limited.

●Marked the start of legislative decentralization and increased local governance.

●Established new councils that paved the way for increased legislative engagement in various provinces.

Indian Councils Act of 1892

●Increased non-official members in legislative councils but maintained official majority.

●Expanded functions of councils to discuss budgets and ask questions.

●Provided for nomination of non-official members by viceroy and governors on recommendations from various bodies.

●Expanded the legislative councils’ roles and functions, providing a greater platform for political participation.

●Introduced a limited form of electoral representation, setting the stage for future reforms.

●Marked a step towards greater Indian involvement in legislative processes.

Indian Councils Act of 1909 (Morley-Minto Reforms)

●Increased the size of legislative councils; Central Council from 16 to 60 members.

●Retained official majority in Central Council; allowed non-official majority in provincial councils.

●Enlarged the discussion functions, including supplementary questions and resolutions.

●Associated Indians with the executive councils; first Indian Law Member appointed.

●Introduced separate electorates for Muslims, extending communal representation.

●Provided separate representation for corporations, universities, and zamindars.

●Significantly increased the scope of legislative functions and the role of Indians in governance.

●Institutionalized communal representation, had long-lasting effects on Indian politics.

●Promoted Indian participation in executive roles and legislative functions.

Government of India Act of 1919 (Montagu-Chelmsford Reforms)

●Relaxed central control by separating central and provincial subjects.

●Introduced 'dyarchy' in provinces with transferred and reserved subjects; largely unsuccessful.

●Established a bicameral legislature with an Upper House (Council of State) and a Lower House (Legislative Assembly), with direct elections.

●Required three of the six Viceroy's Executive Council members to be Indian

●Extended communal representation to various groups

●Granted limited franchise based on property, tax, or education.

●Created High Commissioner for India in London.

●Established a Public Service Commission in 1926.

●Separated provincial budgets from the Central budget.

●Mandated a review of the Act's working after ten years.

●Marked a significant shift towards responsible government with increased provincial autonomy.

●Introduced direct elections and bicameralism, which were critical for future constitutional developments.

●Attempted to address political demands for greater Indian representation and autonomy.

Simon Commission (1927-1930)

●Commission of seven British members to report on the condition of India under the new Constitution.

●Recommended abolition of dyarchy, extension of responsible government in provinces, and establishment of a federation of British India and princely states.

●Proposed continuation of communal electorates.

●Led to three round table conferences and a 'White Paper on Constitutional Reforms.'

●Some Recommendations were included in the Government of India Act of 1935.

●Prompted extensive discussions and debates on constitutional reforms.

●This led to the drafting of the Government of India Act of 1935.

●Highlighted the need for broader representation and federal structures in the Indian political system.

Communal Award (1932)

●Extended separate electorates to Scheduled Castes (Depressed Classes), alongside Muslims, Sikhs, Indian Christians, Anglo-Indians, and Europeans.

●Gandhiji opposed the extension to Scheduled Castes, leading to the Poona Pact, which retained joint electorates for Hindus and provided reserved seats for Scheduled Castes.

●Deepened communal divisions but also led to agreements like the Poona Pact that aimed to address some of the concerns.

●Highlighted the tensions between different communities and the complexity of accommodating diverse interests in constitutional reforms.

Government of India Act of 1935

●Established an All-India Federation with separate powers for centres and units; never fully realized due to princely states' non-participation.

●Abolished dyarchy in provinces, introducing 'provincial autonomy' and responsible government.

●Introduced dyarchy at the Centre, but not implemented.

●Established bicameralism in six out of eleven provinces.

●Extended communal representation to Scheduled Castes, women, and workers.

●Abolished the Council of India; provided advisors to the Secretary of State.

●Extended franchise to about 10% of the population.

●Established Reserve Bank of India.

●Created Federal, Provincial, and Joint Public Service Commissions.

●Established a Federal Court in 1937.

●Marked a significant step towards self-government with a federal structure.

●Provided a framework for provincial autonomy and increased Indian representation.

●Set the stage for India's eventual independence by institutionalizing many elements of self-governance.

Indian Independence Act of 1947

●Ended British rule, declaring India independent on August 15, 1947.

●Provided for the partition of India into two dominions: India and Pakistan.

●Abolished the office of Viceroy; each dominion to have a Governor-General.

●Empowered Constituent Assemblies of both dominions to frame and adopt constitutions.

●Allowed dominions to legislate until new constitutions were framed.

●Abolished the Secretary of State for India; transferred functions to the Secretary of State for Commonwealth Affairs.

●Ended British paramountcy over princely states and tribal areas.

●Allowed princely states the choice to join India, Pakistan, or remain independent.

●Governed by the Government of India Act of 1935 until new constitutions were framed.

●Abolished the British Monarch’s veto power; the Governor-General had the power to assent to bills.

●Designated Governor-General and provincial governors as constitutional heads.

●Dropped the title of Emperor of India.

●Ended civil service appointments and reservations by the Secretary of State for India; continued benefits for pre-August 15, 1947 appointees.

●Marked the end of British colonial rule and the birth of two independent nations, India and Pakistan.

●Enabled the transition from British control to self-governance.

●Set the stage for the drafting of the new constitutions for both countries.