CONSTITUTIONAL

DEVELOPMENT OF INDIA
 BEFORE 1858
• REGULATING ACT 1773
Causes :
 Agitation for parliamentary control over Indian
affairs.
 Bribe, private trade of the company’s servants.
 Evils of Dual system.
Main provisions of Regulating Act 1773
• Subordination of Bombay and Madras to
Bengal.
• Establishment of the Council of Governor
General.
• Right to make laws.
• Establishment of Supreme Court at Fort
William.
• Prohibition on accepting bribes.
 Defects of Regulating Act
• Conflict between Governor General and Supreme
Court.
• Vagueness of the provisions relating to the
jurisdiction of Supreme Court.
• Conflict between Supreme Court and Provincial
Courts.
• Conflict between Governor General and his
Council.
• Inadequate control of Governor General over
Presidencies of Bombay and Madras.
• Act of Settlement of 1781
• PITTS INDIA ACT 1784
• CHARTER ACT 1776
• CHARTER ACT 1813
• CHARTER ACT 1833
• CHARTER ACT 1853
GOVERNMENT OF INDIA ACT 1858
• Main Provisions:
Taking over the administration by the British
Crown.
Appointments by the Crown.
Secretary of State for India and his Council.
Control of British Parliament over the
Secretary of State for India
GOVERNMENT OF INDIA ACT 1861
• Main Provisions:
Addition of fifth member of the Executive
Council of Viceroy.
Right of making new provinces.
Extension of the Legislative Council.
Provincial Councils were again empowered to
make laws.
Alteration in Provincial boundaries.
GOVERNMENT OF INDIA ACT 1892
• Main Provisions:
Enlargement of Central and Provincial
Councils.
More rights were given to the members of the
Councils.
Provincial Legislatures empowered to repeal
or amend laws.
GOVERNMENT OF INDIA ACT 1909
• Main Provisions:
 Expansion of the Councils.
 Official majority in the Imperial Legislative
Council retained.
 Non- official majority in the Provincial Legislative
Councils.
 Introduction of Communal Electorates.
 Enlargement of functions of Legislative Councils.
 Increase in the size of Executive Council.
GOVERNMENT OF INDIA ACT 1919
• Main Provisions:
Relaxation of the control of Secretary of State
in regard to transferred subjects.
Responsive autocracy at the Centre.
Central Legislature.
Special powers of the Governor General.
Changes in Provincial set- up.
Dyarchy.
GOVERNMENT OF INDIA ACT 1935
• Main Provisions:
 Provincial Autonomy.
 All India Federation.
 Dyarchy at the Centre.
 Supremacy of British Parliament
 Federal Court.
 Increase in the size of Legislatures and extension
of Franchise.
 Division of subjects.
 Retention of communal electorate.
INDIAN INDEPENDENCE ACT 1947
• THE ACT PROVIDED FOR PARTITION OF INDIA
• THE BRITISH GOVT. DIVESTED ITSELF OF ALL
THE POWERS AND CONTROL OVER THE
AFFAIRS OF THE DOMINIONS
• EACH DOMINION WAS EMPOWERED TO
MODIFY THIS ACT
• THE ACT ALSO TERMINATED THE SUZERAINTY
OF BRITISH CROWN OVER THE INDIAN STATES.