Historical Background – Pre-Constitutional Acts (1858 to 1947)

Government of India Act of 1858

  • Known as the Act for the Good Government of India, abolished the East India Company.
  • Transferred the powers of Government, territories and revenues to the British Crown.
  • India, henceforth, was to be governed by, and in the name of, Her Majesty.
  • Governor-General of India designated as Viceroy of India.
  • Ended the system of double Government by abolishing the Board of Control and Court of Directors.
  • Created a new office, Secretary of State for India, vested with complete authority and control over Indian administration.
  • The secretary of state was a member of the British Cabinet and was responsible ultimately to the British Parliament.
  • Established a 15-member council of India to assist the Secretary of State for India.

Indian Councils Act of 1861

  • Provided that the Viceroy should nominate some Indians as non-official members of his expanded council.
  • Initiated the process of decentralisation by restoring the legislative powers to the Bombay and Madras Presidencies.
  • Establishment of new legislative councils for Bengal (1862), North-Western Provinces (1886) and Punjab(1897).
  • Gave statutory recognition to the ‘portfolio’ system, introduced by Lord Canning in 1859.
  • Empowered the Viceroy to issue ordinances, without the concurrence of the legislative council, during an emergency.

Indian Councils Act of 1892

  • Increased the number of additional (non-official) members in the Central and provincial legislative councils.
  • Gave the legislative councils the power of discussing the budget5 and addressing questions to the executive.
  • Provided for the nomination of some non-official members of the Central Legislative Council by the viceroy and the Bengal Chamber of Commerce, and that of the provincial legislative councils by the Governors.
  • Made a limited and indirect provision for the use of election in filling up some of the non-official seats both in the Central and provincial legislative councils.

Indian Councils Act of 1909 (Morley-Minto Reforms)

  • Increased the size of both Central and provincial legislative councils.
  • The number of members in the Central legislative council was raised from 16 to 60.
  • It retained official majority in the Central legislative council, but allowed the provincial legislative councils to have nonofficial majority.
  • Enlarged the functions of the legislative councils at both the levels.
  • Provided (for the first time) for the association of Indians with the executive councils of the Viceroy and Governors. Satyendra Prasad Sinha became the first Indian to join the Viceroy’s executive council. He was appointed as the Law Member.
  • It introduced the concept of ‘separate electorate’ system of communal representation for Muslims.
  • Also provided for the separate representation of presidency corporations, chambers of commerce, universities and zamindars.

Government of India Act of 1919 (Montagu Chelmsford Reforms)

  • Relaxed the central control over the provinces by demarcating and separating the central and provincial subjects.
  • The central and provincial legislatures were authorised to make laws on their respective list of subjects.
  • Divided the provincial subjects into transferred and reserved (Dyarchy).
  • The transferred subjects were to be administered by the Governor with the aid of Ministers responsible to the legislative council.
  • The reserved subjects were to be administered by the Governor and his executive council without being responsible to the legislative council.
  • Introduced, for the first time, bicameralism and direct elections in the country.
  • The Indian legislative council was replaced by a bicameral legislature consisting of an Upper House (Council of State) and a Lower House (Legislative Assembly). The majority of members of both the Houses were chosen by direct election.
  • Extended the principle of communal representation by providing separate electorates for Sikhs, Indian Christians, Anglo-Indians and Europeans.
  • Central Public Service Commission was set up in 1926 for recruiting civil servants
  • Separated, for the first time, provincial budgets from the Central budget and authorised the provincial legislatures to enact their budgets.
  • Provided for the appointment of a statutory commission to inquire into and report on its working after ten years of its coming into force.

Simon Commission 1927

  • Simon Commission, appointed in November 1927 by the British government under Sir John Simon to report on the working of the Indian constitution established by the Government of India Act of 1919.
  • Its composition met with a storm of criticism in India because Indians were excluded.
  • The commission was boycotted by the Indian National Congress and most other Indian political parties.
  • It, nevertheless, published a two-volume report, mainly the work of Simon. Regarded as a classic state document, the report proposed provincial autonomy in India but rejected parliamentary responsibility at the centre.
  • It accepted the idea of federalism and sought to retain direct contact between the British crown and the Indian states.

Communal Award

The Communal Award was created by the British prime minister Ramsay MacDonald on 16 August 1932.

Also known as the MacDonald Award, it was announced after the Round Table Conference (1930–32) and extended the separate electorate to depressed Classes (now known as the Scheduled Caste) and other minorities.

Government of India Act of 1935

  • The creation of a ‘Federation of India’ that consisted of two levels: a central executive and parliament, and below it, provinces and princely states.
  • It discarded the ‘dyarchy’ system at the provincial level and allowed for the emergence of popularly elected provincial legislatures. Dyarchy was introduced at the central level, key subjects like defence and foreign affairs were under the direct control of the Governor General.
  • A federal court was established.
  • The franchise was expanded to 14% of the population from 3%.
  • Separate electorates were provided for Muslims, Sikhs and others, but not to Depressed Classes.
  • Governor enjoyed critical emergency powers.
  • Abolished the Council of India, established by the Government of India Act of 1858. The secretary of state for India was provided with a team of advisors.
  • Provided for the establishment of a Reserve Bank of India.
  • Establishment of not only a Federal Public Service Commission, but also a Provincial Public Service Commission and Joint Public Service Commission for two or more provinces.

Indian Independence Act of 1947

  • Partition of the British India into two new and fully sovereign dominions-India and Pakistan with effect from August 15, 1947;
  • Division of the provinces of Bengal & Punjab among the two newly formed countries;
  • The offices of Governor-General in both the countries would be set up. These Governor-General would be representing the Crown;
  • The complete legislative authority would be conferred in the hands of the Constituent Assemblies of the two new countries;
  • The British suzerainty over the princely states would be terminated from August 15, 1947;
  • Abolishing the use of title “Emperor of India” by the British monarch;
  • The Act includes the division of the armed forces between the two countries.
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