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Historical Background of Constitution PDF

The document outlines the historical background of the Indian Constitution, detailing key legislative acts from the British colonial period, including the Regulating Act of 1773, Charter Acts, and the Government of India Act of 1858. It highlights the evolution of governance, the transfer of power from the East India Company to the British Crown, and the gradual introduction of Indian representation in legislative councils. The summary concludes with the Indian Independence Act of 1947, which marked the end of British rule and the establishment of India and Pakistan as independent dominions.

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0% found this document useful (0 votes)
10 views3 pages

Historical Background of Constitution PDF

The document outlines the historical background of the Indian Constitution, detailing key legislative acts from the British colonial period, including the Regulating Act of 1773, Charter Acts, and the Government of India Act of 1858. It highlights the evolution of governance, the transfer of power from the East India Company to the British Crown, and the gradual introduction of Indian representation in legislative councils. The summary concludes with the Indian Independence Act of 1947, which marked the end of British rule and the establishment of India and Pakistan as independent dominions.

Uploaded by

anishjacobtirkey
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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0VVAN!

RTR oting Insthote for Benling, Rellny &5$(


HISTORICAL BACKGROUND OF CONSTITUTION

Company Rule :1773-1858 > It gave Governor-General more powers and S a t g a g o r


1. Regulating Act of1773 controlover the governments of the 1863

2. Settlement Act of 1781 subordinate Presidencies of Bombay and


3. Pitts India Act of 1784 Madras.
4. Charter Act of 1 793 Indian Civil service started on 21 april
5. Charter Act of 1813 1793(father lordcornwalis) 1736-1143)
6. Charter Act of 1833 Extended trade monopoly of EIc 20 years
lt was (St ACB PsLyea Members of the Board of Control and their
7.Charter Act of 1853 by Bsitsh paxlianetstaff paidout of the
1.REGULATING ACT OF 1773 for Tndia Indian revenues.
> Courts were given power to interpret rules
Act was based on report of a committee headed &regulations.
by the British PM Lord North
Abolished dual system of administration. CHARTER ACT OF 1813
Governor of Bengal become Governer genral of Continental System of Napoleon Closed European
ports for British trade English Businessman
Bengal(Warren Hasting (1a- 1785) demanded share in Indian trade
> Governance of East India Company was put
under British Parliamentary Control Demanded end to monopoly of EIC.
Governor of Bengal Nominated as Governor Territories of EIC greatly expanded Difficult to
General for all 3 presidencies of Calcutta, function both as commercial & political entity.
Bombay &Madras.1st such Governor General Pressure to bring social reforms in India
Warren Hastings Abolished the trade monopoly of East India
Asupreme court was established in Calcutta in Company But Continued it in " Tea" & opiumTrade
with China".,
oCT 22,1774. Sir Elizah Impey(1774-1783) was
the first Chief Justice.Other 3Judges were Robert > Christian Missionaries were allowed to spread their
Chambers, Stephen Le Maistre, Jhon Hyde religion in India.Local autonomous body were
allowed to levy taxes.
Governor General was empowered to make
rules,regulations &ordinances with the consent Annual fund of Rs.1 lakh Spread of western
education to Indians
of Supreme Court.

2.SETTLEMENT ACT OF 1781 CHARTER ACT OF 1833/SAINT HALENA ACT


PURPOSE- Enacted to rectify defects of Final step of centralization all legislative powers of
Regulating act of 1773. Governor of Madras & Bomnbay shifted to G. General
DEFECT-Both SC &GG's Council was given of Bengal.
control over company officials Conflict of G. General of Bengal More powerful Turned into
interest. G.General of India (1st such William Bentinck1828
SOLUTION-Limited control ofSC over company 1853)
Ended activities of EIC as commercial body.Trade
officers & control over them took a tilt towards
GG's Council . In other words ,separation of monopoly completelyended.Made itpurely
executive from Judiciary administrative body.
Slavery system in India was declared illegal through
this charter act.
3. PITT's INDIA ACT OF 1784 Provided for establishment of Law Commission for
British pm -willam pitt yonger consolidation & codification of Indian Laws.
BACKGROUND-Regulating Act 1773 was not (1835 Lord Macaulay Chairman of 1st Law
successful EIC was not cooperating.
Commission) ’ Falhes f Judicial System.
FEATURES-Bifurcated powers of EIC Governor Generals Council got full powers regarding
Court of Directors governing body of Company revenue& a single budget for the country was
Supervise only commercial affairs
prepared by the Governor General.1st Time
Board of control (6 member)Appointed by Governor General's Government was known as
British Govt. Supervise political , military& "Government of India" & his council as the Indian
administrative reforms Council"
Regulations were now called Acts
1st time In trust for his Majesty,Heirs &Successors"
CHARTER ACT OF 1793 used for company territories in India .
CHARTER ACT OF 1853 Nominated 3 Indians .Raja of Benaras (Raja
deonaryan singh), Maharaja of PatialaNarindr
Last Charter Act. Aseparate singh),Sir Dinkar Rao, (Bombay presidency
to be appointed. Governor for Bengal was
court officer)
This act first time separated Decentralized legislative powers of the
executive body of
governor general from legislative body. First time GovernorGeneral's Council Vested them in the
legislative body was created known as central Govt. ofBombay &Madras.
legislative council Concept of budget in 1860-presented by( James
Gave indefinite extension to EIC Wilson) ’|3B finane minstes f Bitish
Company
could be terminated at any point of time. rule
1862 -3 high court established at Calcutta ndia
Introduced open competition system of selection Madras, Bombay
&recruitment for covenanted civil
service.(Fisst fime Established new legislative councils in 3 states
This Act followed report of the then Governor CvC Sorvofor Bengal ,North-Westernprovinces &Punjab.
General Dalhousie for improving the Can ParticipaAct gave recognition to Portfolio system. fathet
administration of company. Empower governOF general to issue ordinanceclass.f
Crown Rule :(1858-1947)
1. GOIAct 1858
2. Indian Councils Act 1861
ndian) Indian Council Act 1892
icati

Lord
Casnina
> Background: Pressure of Indian National
3. Indian Councils Act 1892 Congress, which came into game in 1885,
4.Indian Council Act 1909 Empowered legislative council with Power of
5. GOI Act 1915
discussing budget, Power ofaddressing
6. GOI Act 1919
7. Simon Commission
questions to executive. (In dian gol kg o vode
Non- official
8. GOI Act 1935
members of Indian Legislative
Council Nominated by Bengal Chamber of
9. Indian Independence Act 1947 Commerce &Provincial Legislative Councils.
Non-official members of Provincial legislative
Government of India Act 1858 council Nominated by local bodies such as
Passed on -2nd august 1858 (by queen) Universities, zamindars, municipalities
etc. (indirect elections first time)
Implemented-1st November 1858-minto park X Psovin cial legis ladive (ouncit Wese ade
Allhabad Indian Council Act 1909
Abolished EIC &transferred power to British
Crown. Also known as" Act for Good Govt. " of
India.
Background: 13-1405)
Bengal partition Lord Curzon in 1905. al bhak
GG. Of India's designation Changed Viceroy of All India Muslim Leaguein 1906 30 Dec
India 5 viteseg Losd Also known as" Morley-MintO Reforms".
> Ended system of dokble govt, byCannin
abolishing Board Increased the size of legislative council from
of Control &Board of Directors. 16 to60
> It created office of Secretary of state for India Provided for the asso ciation of Indians with
(Member of British Cabinet Responsible to British executive council of Viceroy &Governors,(
Parliament.) Satyendra Prasad Sinha (First Indian to join
1st Secretary of State for India Lord Stanley(1858 Viceroys Executive Council)
1859) Provided for separate representation
Established 15 member council of India to assist of presidency corporations, chamber
the secretary of state for India. of commerce,universities
* Docyio& f lapse end ed &zamindars.
Indian Council Act 1861 > Introduced a system of Communal
> Made beginning of representative institutions by representation.Gives separate
associating Indians with law making process. electorate to Muslims. " Legalized
º Viceroy will nominate some Indians as Non communalism " Muslim members
Official members. were elected by Muslim Voters only.
Edwin
GOLAct 1919(Montagu-Chelmsford reform) Creation of an AllIndiaFederation :(11
Background: british provinces,6 british
World War Icame to end. Britishers became weak. commissioners,princly state). Not
Mahatma Gandhi came from South Africa Congress compulsory for princely states.
raised demand of Provincial Autonomy.Division of Federation never implemented due Lack
Power Bicameralism of supportfrom princely states.
Act dívided legislative powers between
Created new office of High Commissioner for India centre & provinces.
in London. Civd Sesvite Evam Sl axted n Abolished Dyarchy atprovinces
Established Central Public Service Commission in Introduced "Provincial Autonomy"
1926.Act provided voting rights to Indian Women. in its place.PCS introduced
Extended Communal electorates for Sikhs, Governor was reqd. to act with advice of
Christians , Anglo-Indians &European. ministers responsible to Provincial
> Separated provincial Budget from Central Legislature.
Introduced Dyarchy at Provincial Level Introduced dyarchy at central Level.
:(1919_1935)/Diaschy (ental Subieck , aevynSA
Form ofGovernment where power is divided
Introduced bicameralism in six out of 11
British India Provinces.
between authoritarian (Selected ) &responsible ( > Apart from Governor General's power of
Elected) section. veto a Billpassed bythe Central
Governor was empowered to reserve a Bill for the Legislature was also subjected to Veto by
consideration of theGovernor General ifit was the Crown.
related to some specified matters. Indian In l420 > Extended communalelectorate for SCs,
Legislature was made " Bi-cameral". First tme Women & Labours.
> house
Upper was
housenamed
was named "Council of States"Lower ixecd> RBI established On 1* april 1935
" Legislative Assembly". Elecion JL NEHRU called it charter of slavery
Appointment of statutory commission to report on
Sç shifted
*Indian fron calcut a to elb
"GOI1919" working after 10 years. Independence Act 1947
> The Governor General's overriding powers in B Ended British rule in India &declared (fedsed (oust
respect of Central Legislation were retained as India as an independent 7 sovereign
follows: state.
His prior sanction was required to introduce Bill Partitioned India into two independent
relating to certain matters.He had Veto powers. He dominions of India&Pakistan. (June 2 1q47)
could make Ordinance. He had power of certifying BAbolished office of viceroy .Provided
Bill ot any grant refused by Legislature. for Governor General appointed by
B Nov, 1927 Seven member committee under the
British King on advice of dominion
Chairmanship of Sir John Simon. cabinet.
BAll members were Britishers Therefore, Empowered constituent assemblies to
political partyboycotted it. frame constitution Abolished office of
BRecommendation :Abolition of secretary of State for India
dyarchy,Extension of responsible govt. in
provinces., Continuation of communal electorate. BTransferred its powers to secretary of
state for Commonwealth affairs.
BDropped the title of Emperor of India
GOLACt 1935 5<eldon 4 ndian Constitotion from royal titles of the King of
BBackground :Growing demand of constítutional England.me &adopt any dominion.
reforms in India by Indían leaders.
" Act was based on : Simon Comnmission
report,Recommendation of Round Table
Conference.,Joint select committees report.
Longest Act enacted by British Parliament at
that time.
Act separated Burma from Indía (1st
april1937) &
two new provinces of Sind &
Orissa were created

(HArc I436 )

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