Indian Polity has special importance in competitive examinations like UPSC, UPPSC etc., and questions are always asked from this part, this part of General Studies is very easy if once it is understood properly. Let us understand.
Constitutional development under British rule
The development of the Constitution in India took place under the East India Company till 1857 and then under the British Crown. The East India Company was governed by two committees, “Board of Owners and Board of Directors”.
All the partners of the Swami Mandal Company were its members, who had the right to make all the rules, laws and ordinances, and they also had the right to cancel any rule made by the Board of Directors.
Board of Directors There were 24 members in the Board of Directors who were from the Swami Board and were also elected by the Swami Board. The work of the Board of Directors was to ensure that the rules made by the Swami Board were followed.Basically, the constitutional changes made by the British Crown after 1857 AD are important in developing the structure of the Indian Constitution.
Regulating Act 1773
Madras and Bombay Presidencies were placed under the Governor General of Bengal Presidency.
A Supreme Court was established in Fort William, Calcutta, whose jurisdiction extended to Bengal, Bihar and Orissa.
The basic objective of this rule was to bring the activities of the Company under the supervision of the British Crown.
Pitts india act 1784
A Board of Control was established
The Board of Directors was bound to obey all orders of the Board of Control
And the right of the owners to overturn the decisions of the board of directors was abolished.
Charter Act 1793
The members and staff of the Board of Control were paid salaries from Indian revenue, which continued till 1919.
Charter Act 1813
With this charter, the company's charter was extended for 20 years.
The company's business monopoly was abolished
However, the company continued to have a monopoly on the trade of tea, sugar and silk.
Charter Act 1833
Now all the trading rights of the East India Company were abolished and now it was left responsible only for administration in India.
Now Europeans could acquire property in India, because the ban on it was lifted
The Governor General of Bengal was made the Governor General of India.Indian Law Commission was established
The Law Commission presented several reports, of which Macaulay's Penal Code is very famous.
In Madras and Bombay, the law making power of the Governors was reduced and their right to repeal any law was abolished.
Charter Act 1853
The Company was allowed to keep Indian territories under its control for as long as Parliament desired.
Relieving the Governor General from the rule of Bengal, a Lieutenant Governor was appointed to rule there.
The legislative and executive powers of the Governor General were separated, hence a Legislative Council was established separate from the Governor General's Council.
Competitive examination was arranged for the appointment of company employees.
The number of members in the Board of Directors was reduced from 24 to 18 and the right to appoint 6 members was given to the British Crown.
Qualifications prescribed for members of the Board of Directors
The English Law Commission was appointed in place of the Law Commission, which had been abolished. This commission finalized the compilation of the Indian Penal Code, civil and criminal procedures.
Indian Government Act of 1858
The Revolution of 1857 had exposed the unsatisfactory policies of the Company administration, which gave the British Parliament the opportunity to remove the Company from office and the following provisions were made by this Act.
Indian administration was taken from the hands of the East India Company and placed directly under the British Crown.
Now the governance of India was to be run by the Secretary of State for India on behalf of the British Empress, for whose assistance a 15 member Council of India was formed. Now the approval of the Secretary of State for India was made mandatory on all laws and proceedings related to governance in India.
Now the Governor General became the representative of the Crown and got the title of Viceroy.
Appointment started by competition for appointment to contract civil service.
The Secretary of India was bound to accept the opinion of the Council of India on matters relating to all-India services and economy.
The Secretary of State for India was declared a body corporate which could claim or be sued in England and India.
Indian Council Act 1861
The Executive Council of the Governor General was expanded to include some non-official members.
Indian representatives started being included in the law making process
The departmental system was introduced for the first time in this Act.
The Governor General was given the power to issue ordinance for the first time
The process of decentralization was started in which legislative powers were again given to Bombay and Madras.
Indian Council Act 1892
To appoint non-official members, the method of nomination based on recommendation was implemented instead of pure nomination.
Councils were given the right to discuss the budget and ask questions related to the executive.
But due to the inconsistencies prevalent in this Act, Indian nationalists strongly criticized the Act and it was believed that local.
Making electoral boards of bodies is in a way nominating them. The Legislature had very limited powers like members could not ask supplementary questions, they could be refused to answer any question, some sections were not given any representation. While some had a lot, like in Mumbai, 2 places were given to European traders while not even one was given to Indian traders.
Indian Council Act 1909
It is also called Morley-Minto correction.
The reforms made in the field of representation and popularity in the name of the then Indian Secretary Lord Marley and Viceroy Minto were incorporated in the Indian Council Act of 1909.
The two main events behind these reforms were: First, in October 1906, a Muslim delegation under the leadership of Aga Khan met Lord Minto and demanded that Muslims should first get the facility of electoral system and second demand was that Muslims should get representation in proportion to their population.
It was in this context that the provisions of the Indian Council Act 1909 were made.
This Act provided for separate representation for the Muslim community.
By increasing the size of the Provincial Legislative Councils, some elected non-official members were also included in them.
Due to the inclusion of elected non-official members, the ruling majority in the provincial legislatures ended but it remained in the Central Legislative Council.
Except on some specified subjects, Legislative Councils were given the right to influence the administration by passing resolutions on budget or public interest issues.
Government of India Act 1919
It is also called Montague Chelmsford Reforms.
Under this Act, a system of diarchy was established in the provinces, under which the provincial subjects were divided into two categories, reserved and transferred. The number of elected members in the provincial legislative councils was increased to 70%.
The foundation of accountable government was laid in the narrow field of devolved subjects
It was decided that the administration of reserved subjects would be done by the provincial governor and his executive council, in which no one was answerable to the legislature.
All the subjects of administration were divided into central and provincial subjects. Broadly speaking, subjects of national importance and subjects of central and provincial importance were kept under provincial subjects.
The revenue of the provinces was separated from the central revenue. The Central Legislative Council was made bicameral for the first time. Its upper house was called the State Council, which was formed with 60 members.
Of the 60 members of the State Council, 34 were elected members. The lower house, which was called the Legislative Assembly, had 144 members, out of which 104 members were elected members.
The powers of both the houses were almost equal, but only the lower house had the right to vote on the budget. The Governor General was given the right to veto any bill passed by the Indian Legislature or send it for the consideration of the Emperor. The Governor General was also given the right to Certify any bill or grant rejected by the legislature and the Governor General could issue ordinance in case of emergency
Government of India Act 1935
There was a provision for the establishment of a confederation by the Government of India Act of 1935 AD, which had units of provinces and native princely states. The native princely states had the option to join it, although this confederation could never be formed.
Through this Act, legislative powers were divided between the Center and the provinces.
Under the provisions of this Act, provincial autonomy was implemented in 1937. The provincial governor exercised the executive powers of the province on behalf of the Emperor and was no longer subordinate to the Governor General.
The provincial governor was to rule on the advice of ministers who were answerable to the provincial legislature.
The system of dyarchy was abolished in the provinces but was implemented at the Centre. Now the Governor-General is no longer answerable to the Central Legislature in matters of reserved subjects.
Under this Act, a Federal Court was established consisting of a Chief Justice and two other judges.
The jurisdiction of the Federal Court extended to the provinces and princely states. The final power related to the court was vested in the Privy Council of London.
By this Act the Council of India was abolished and the supremacy of the British Parliament was established over Indian governance.
By this Act the communal electoral system was expanded and Burma was separated from India.