The document summarizes the key developments in the constitutional history of India under British rule from 1773 to 1947. It discusses acts and reforms that gradually increased Indian representation and self-governance, such as the Regulating Act of 1773, Pitt's India Act of 1784, Charter Act of 1833, Government of India Acts of 1858, 1909, 1919 and 1935, and finally the India Independence Act of 1947 which ended British rule. It also provides details on the composition and functioning of the Constituent Assembly established in 1946 to draft the Constitution of independent India.

1. INDIAN POLITY AND GOVERNANCE
Lecture 1
By Vishnu Agarwal
History of Constitutional
Development in India

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3. Evolution During British Rule
Regulating Act of 1773
•First step by British Government to regulate the affairs of
East India Company in India.
•First time, the political and administrative functions (apart
from commercial) of Company were recognized.
•“Governor of Bengal” was designated as “Governor-General
of Bengal” and Governors of Bombay and Madras were
made subordinate to him.
•First such Governor General was Warren Hastings.

4. •It also created an ‘Executive Council’ of 4 members
to assist Governor General.
•It provided for establishment of a Supreme Court at
Calcutta comprising 1 Chief Justice and 3 other
judges.
•It prohibited private trade by Company officials.
•It required the “Court of Directors” of Company to
report its revenue, civil and military affairs.
•The number of the Directors of the Company was
fixed at 24.

5. Pitt’s India Act of 1784
•First time the Company’s territories in India were recognized as
“British Possessions in India”.
•It distinguished between political and commercial functions of
company – by establishing a new body to manage political
affairs i.e. “Board of Control”.
•Thus, “Court of Directors” was allowed to manage only
commercial affairs.
•This was also termed as ‘double government’.
•But, the “Board of Control” was made more powerful as it can
supervise and direct all civil, military, revenue etc. functions
regarding India.

6. Charter Act of 1833
•Governor-General of Bengal was made as “Governor-General
of India” and was vested with all civil and military powers.
•He was also given exclusive legislative powers for entire British
India.
•First such Governor-General was William Bentick.
•It made EIC a purely administrative body (no more commercial
body) and made EIC trustee of British Crown – this act said that
Company is holding Indian territories ‘in trust for His Majesty,
His heirs and successors’.
•This act also attempted for open competition in civil services
and their indigenisation – but this provision remained only on
paper due to stiff opposition from “Court of Directors”.

7. Charter Act of 1853
•It separated legislative and executive function of
Governor-General’s Council – seen as first step in
formation of modern-day Parliament in India.
•6 members were added to “Indian (Central) Legislative
Council”. 4 out of 6 members were appointed by
provincial (local) governments of Madras, Bombay,
Bengal and Agra.
•On the basis of Macaulay Committee’s (1854)
recommendations, open competition was introduced in
civil services and Indian were also allowed in higher
civil services.

8. Government of India Act, 1858
• It is also known as “Act for the Good Government of India”.
• It abolished EIC rule completely and transferred rule to British Crown.
• It also abolished Board of Control and Court of Directors.
• “Governor-General of India” – the designation changed to “Viceroy of
India”.
• Viceroy was direct representative of British Crown – first was Lord
Canning.
• A new post “Secretary of State” was created:
• A member of British Cabinet.
• Given complete authority and control over Indian Administration.
• Ultimately responsible to British Parliament.
• A 15 members Council was established to advise and assist him.
• This Secretary of state-in-council was established like a body corporate.

9. Indian Councils Act of 1861
• It provided that the Viceroy should nominate some Indians as non-
official members of his expanded Legislative Council. Thus, Raja of
Benaras, Maharaja of Patiala and Sir Dinakar Rao were appointed in
1862.
• The legislative powers of Bombay and Madras Presidencies were
restored – a step towards federalism.
• It also provided for establishment of new legislative councils in Bengal
(1862), North-Western Provinces (1886) and Punjab (1897).
• More powers to Viceroy:
• Power to make rules and orders for more convenient transaction of
business in the council.
• Introduced Portfolio system.
• Power to issue ordinances – with validity of 6 months.

10. Indian Council Act of 1892
•Legislative Council was given powers of discussing the
budget and asking question to executive.
•It provided for nomination (they were like indirect
elections) of some non-official members:
•To Central Legislative Council – on recommendations
of Provincial Legislative Council and Bengal Chamber
of Commerce;
•To Provincial Legislative Councils – on
recommendations of local bodies, universities, trade
associations etc.

11. Morley-Minto Reforms, 1909
• The number of members in the Central Legislative Council was
increased from 16 to 60. Similarly, the numbers were also increased in
Provincial Councils.
• Although, official majority in the Central Legislative Council was
retained but non-official majority in provincial councils was allowed.
• Deliberative functions of legislative councils were increased like
members can ask supplementary questions, move resolutions etc.
• First time association of Indians was allowed in “Executive Councils”
at both level. Thus, Satyendra Prasad Sinha was first Indian to join
Viceroy’s Executive Council.
• Separate Electorate: Muslim members were to be elected only by
Muslim voters.
• This act also provided for the separate representation of presidency
corporations, chambers of commerce, universities and zamindars.

12. Government of India Act, 1919
•It is also called as Montagu-Chelmsford reforms.
•It separated Central and Provincial subject lists and both were
authorized to make laws on their respective lists of subjects.
•Dyarchy: The provincial subjects were divided into
“transferred” and “reserved”.
•Bicameralism: Indian Legislative Council was replaced by Upper
House and Lower House.
•Direct Elections: Majority of members of both the houses were
chosen by direct elections. However, franchise was granted to
limited number of Indians on the basis of property, tax or
education.

13. •It separated Central and Provincial budgets and
authorized provincial legislatures to enact their own
budgets.
•3 out of 6 members of the Viceroy’s Executive Council
(other than Commander in Chief) were to be Indian.
•Separate Electorates for Sikhs, Indian Christians, Anglo-
Indians and Europeans.
•New Office of High Commissioner for India: Some
functions of Secretary of State were transferred to him.
•It provided for establishment of a Public Service
Commission – A Central Public Service Commission was
set up in 1926.

14. Government of India Act, 1935
•It provided for the establishment of an “All India Federation”
consisting of provinces and princely states as units. It also
provided for Federal, Provincial and Concurrent List. But such a
Federation never came into being.
•Provincial autonomy in place of ‘Dyarchy’. The Governor was
required to act with the advice of ministers responsible to the
provincial legislature.
•It provided for Dyarchy at the Centre. However, this never came
into practice.

15. •Bicameralism was introduced in 6 out of 11 provinces.
•Separate electorates for depressed classes, women and
labour.
•It extended franchise and thus about 10% of the total
population got the voting rights.
•It provided for the establishment of the RBI, Federal
Court, Provincial Public Services Commission and Joint
Public Service Commission.

16. India Independence Act of 1947
•It ended British rule and declared India as an independent
country.
•It provided for the partition of India.
•It abolished the office of Viceroy and provided for a Governor-
General, who was to be appointed by British King on the advice
of the dominion cabinet.
•It empowered Constituent Assembly to frame and adopt any
Constitution and it can make any law till the new Constitution
is adopted.
•It also abolished office of secretary of state and transferred his
functions to ‘the secretary of state for Commonwealth Affairs’.

17. •It made princely states independent and granted them
freedom to join India or Pakistan or remain independent.
•Government of India Act 1935 would be applicable till new
Constitution is framed or Constituent Assembly modified it.
•It designated the Governor-General of India and the
provincial Governors as nominal heads of the states. They
are required to act on the advice of Council of Ministers.
•Although, this act discontinued appointment to civil services
but civil servants appointed before August 15, 1947 would
continue to enjoy all benefits that they were entitled to till
that time.

18. Constituent Assembly
•The idea of Constituent Assembly was first put forward
by M. N. Roy in 1934.
•Indian National Congress officially demanded
Constituent Assembly, first time, in 1935.
•This demand was officially accepted in principle by
British Government in “August Offer” of 1940.
•The Constituent Assembly was constituted in
November 1946 under the scheme formulated by the
Cabinet Mission Plan.
•Mahatma Gandhi was not part of it.

19. • Members from Provinces were to be indirectly elected and
members from Princely states were to be nominated by the kings.
• Elephant was adopted as symbol of Assembly.
• Objective Resolution:
• It was moved by Jawaharlal Nehru on Dec 13, 1946.
• It laid down fundamentals and philosophy of the Constitutional
structure.
• It was unanimously adopted.
• Its modified version forms Preamble of present Constitution.
• Constituent Assembly also adopted National flag, National Anthem,
National Flag; ratified India’s membership to Commonwealth; and
elected India’s first President i.e. Dr Rajendra Prasad.
• Although, Constitution was passed on November 26, 1949 but it
came into force on January 26, 1950.

20. Name Position in Constituent Assembly
Dr Sachchidananda Sinha Temporary President (based on French Practice)
Dr Rajendra Prasad President (When Assembly met as Constitutional body)
G V Mavlankar President (When Assembly met as Parliament)
H. C. Mukherjee and
V. T. Krishnamachari
Vice-Presidents
B.N. Rau Legal Advisor to Constituent Assembly
B R Ambedkar Head of Drafting Committee
Jawaharlal Nehru Head of Union Powers Committee, Union Constitution
Committee, States Committee etc.
Dr Rajendra Prasad Head of Rules of Procedure Committee, Steering
Committee, Finance and Staff Committee etc.
Sardar Patel Head of Provincial Constitution Committee

21. Critical Analysis of Constituent
Assembly
• Not a Popular body.
• Not a Sovereign body.
• Time consuming.
• Dominated by Congress.
• Dominated by One community.
• Dominated by Lawyers.

22. Thank You