PRE CONSTITUTIONAL ACTS

The Regulating Act, 1773

[An Act for establishing certain Regulations for the better Management of the Affairs of the East
India Company, as well in Indiaas in Europe]

1. The Regulating Act, 1773 was the first attempt made by the British Parliament to
regulate the affairs of the Company in India.
2. The Act elevated Governor of Bengal, Warren Hastings to Governor-General of
Bengal and subsumed the presidencies of Madras and Bombay under Bengal's control
in some matters. Governor of Bengal became the Governor General of Bengal with
an executive council of four to assist him. Decisions would be taken by majority and
Governor General could only vote in case of tie.
3. It laid the foundations for a centralized administration in India.
4. A supreme court was established at Fort William at Calcutta. British judges were to
be sent to India to administer the British legal system that was used there.

The Pitts India Act, 1784 (The East India Company Act 1784)

[An Act for the better Regulation and Management of the Affairs of the East India Company and of
the British Possessions in India, and for establishing a Court of Judicature for the more speedy and
effectual Trial of Persons accused of Offences committed in the East Indies]

1) The Pitts India Act, 1784 gave the British Government supreme control over the
Company’s affairs and its administration in India.
2) It established dual system of governance: By Crown in Britain (through Board of
Control) and by British East India Company (Court of Director), with Crown having
ultimate authority.
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 3) The Board of Control was to guide and control the work of the Court of Directors.
4) The governors of Bombay and Madras were also deprived of their independence. The
governor-general was given greater powers in matters of war, revenue and
diplomacy.
5) The constitution set up by Pitt's India Act did not undergo any major changes
until the end of the company's rule in India in 1858.

Charter Act of 1793

[An Act for continuing in the East India Company for a further Term the Possession of the
British Territories in India, together with their exclusive Trade under certain Limitations; for
establishing further Regulations for the Government of the said Territories, and the better
Administration of Justice within the same; for appropriating to certain Uses the Revenues and
Profits of the said Company, and for making Provision for the good Order and Government of

the Towns of Calcutta, Madras, and Bombay]

1. The Governor-General was granted extensive powers over the subordinate presidencies.
2. The Governor-General's power of over-ruling his council was affirmed, and extended
over the Governors of the subordinate presidencies.
3. Senior officials were forbidden from leaving India without permission.
4. Royal approval was mandated for the appointment of the Governor-General, the
governors, and the Commander-in-Chief.
5. The EIC was empowered to grant licenses to both individuals and Company employees
to trade in India (known as the "privilege" or "country" trade), which paved the way
for shipments of opium to China.

The Charter Act of 1813 (The East India Company Act 1813.)

[An Act for continuing in the East India Company, for a further Term, the Possession of
the British Territories in India, together with certain exclusive Privileges; for establishing further
 Regulations for the Government of the said Territories, and the better Administration of Justice
within the same; and for regulating the Trade to and from the Places within the Limits of the said
Company's Charter]

1. The Charter Act 1813 is also known as The Act expressly asserted the Crown's
sovereignty over British India.
2. The East Indian Company was deprived of its monopoly of trade with India except in
tea and opium trade and trade in China.
3. Under this act, a sum of one lakh rupees earn marked annually for education and this
amount paid by the company
4. This act permitted Christian missionaries to propagate English and preach their
religion.

The Charter Act of 1833 (Saint Helena Act 1833, The Government of India Act 1833)
[An Act for effecting an Arrangement with the East India Company, and for the better Government
of His Majesty’s Indian Territories, till the Thirtieth Day of April One thousand eight hundred and
fifty-four.]

1) It brought an end to the East Indian Company’s trade monopoly even in tea and trade
with China.
2) It ended the activities of the British East India Company as a commercial body and it
became a purely administrative body.
3) The Act centralized the administration of India.
4) It re-designated the Governor-General of Bengal as the Governor-General of India
5) It deprived the Governors of Bombay and Madras of their legislative powers. For the
first time, the Governor-General's Government was known as the 'Government of
India' and his council as the 'India Council'. The Governor-General and his executive
 council were given exclusive legislative powers for the whole of British
India.(1st Governor-General of British India was Lord William Bentick). 1

The Charter Act of 1853

Due to vastness of British Empire in India, the demands for decentralization

1. For the first time, the legislative and executive functions of the Governor-General’s
council were separated.
2. This act served as the foundation of the modern parliamentary form of government.
The legislative wing of the Governor-General’s Council acted as a parliament on the
model of the British Parliament.
3. It extended the company’s rule for an indefinite period, unlike the previous charter
acts as they use to extend it by 20 years at a time. Now it could be taken over by the
British government any time.
1 First Governor-General of British India was Lord William Bentinck.

 The Regulating Act, 1773 elevated the post of Governor of Bengal to Governor-General of Bengal which made
Lord Warren Hastings the first Governor-General of the Presidency of Fort William(Calcutta) or First
Governor-General of Bengal.

 The Charter Act of 1833 made the Governor-General of Bengal as the Governor-General of India. And this
made Lord William Bentinck as the First Governor-General of British India.

 In 1858 (after the Revolt of 1857) British Government enacted an act through this, the designation of the
Governor-General of India was changed to the Viceroy of India. Although the position was abolished and
replaced by new position but the person remained same, hence the then Governor General of British Indian,
Lord Canning became the last Governor-General of British India as well as the First Viceroy of British India.

 Lord Mountbatten was the last Viceroy of the British India and the First Governor-General of the Dominion
of India, whereas C Rajagopalchari was the First and the only Indian to become Governor-General of the
Dominion of India, as through The Constitution of India the position was abolished and was replaced by The
President of India.
4. Company’s influence was further reduced by this act. The Board of Directors now
had 6 members who were Crown-nominated.
5. It gave birth to the Indian civil services and was open to all including Indians. This
ended the system of appointments by recommendation and started a system of open
and fair competition.
6. For the first time, local representation was introduced into the legislative council in
the form of four members from the local governments of Bengal, Bombay, Madras
and North Western Provinces.

The Government of India Act, 1858

[Act for the better Government of India]

1. Indian Administration transferred from Company to British crown i.e. end of rule of
East India Company and beginning of direct rule of Crown.
2. In this act, the Court of Directors and Board of Control abolished. Thus the ‘Double
Government’ introduced by the Pitt’s India Act of 1784 was finally ended. The
doctrine of lapse was also withdrawn under this act.
3. The post of Secretary of state for India was created (who was the member of the
British cabinet and a direct representative of the Parliament).
4. The Queen's Principal Secretary of State received the powers and duties of the
Company's Court of Directors. A council of fifteen members was appointed to assist
the Secretary of State for India. The council became an advisory body in Indian
affairs. For all the communications between Britain and India, the Secretary of State
became the real channel. ( Lord Edward Henry Stanley became the first Secretary of
State)
5. The designation of Governor General of India was changed to Viceroy. Thus,
Governor General Lord Canning became the first Viceroy of India.
6. A unitary and highly centralized administrative structure was created.
 The Indian Councils Act, 1861

[An Act to make better Provision for the Constitution of the Council of the Governor General of India,
and for the Local Government of the several Presidencies and Provinces of India, and for the
temporary Government of India in the event of a Vacancy in the Office of Governor General.]

1) Foundation of Indian legislature was laid down in 1861 and the Policy of
association of Indians in legislation started.
2) Legislative power of the Presidency Government deprived in 1833 were restored.
3) Under this act, the Civil Services became Indian Civil Services.
4) Portfolio (or Cabinet) system in the Government of India was introduced.
5) Viceroy could issue ordinances in case of emergency.

The Indian Councils Act, 1892

1. In 1892, representative system started in India.

The Indian Councils Act, 1909 (The Minto-Morley Reforms)

1) Morely was the Secretary of State and Minto was the Indian Viceroy.
2) It introduced for the first time indirect elections to the state Legislative councils.
3) Separate electorates were introduced for the Muslims.
4) Resolution could be moved before the Budget takes its final form. Supplementary
questions could be asked.

The Government of India Act, 1919 (The Montague-Chelmsford Reforms)

[An Act to make further provision with respect to the Government of India.]
1) Devolution Rules: Subjects of administration were divided into two categories –
‘Central’ and ‘Provincial’. All important subjects (like Railways and Finance) were
brought under the category of Central, while matters relating to the administration of
the Provinces were classified as Provincial.
2) Dyarchy system introduced in the Provinces.
3) The Provincial subjects of administration were divided into two categories
‘Transferred’ and ‘Reserved’ subjects.
4) The Transferred subjects were to be administered by the Governor with the aid of
ministers responsible to the Legislative Council.
5) The Reserved subjects (Rail, Post, Telegraph, Finance, Law & order, etc.) were to be
administered by the Governor and his Executive Council.
6) Indian legislature became ‘bicameral’ for the first time.
7) Communal representation extended to Sikhs.
8) Secretary of State for India now to be paid from British revenue.
9) An officer of the High Commissioner of India was created in London.

The Government of India Act, 1935

[An Act to make further provision for the Government of India.]

1. The Government of India Act, 1935 provided for setting up of the Federation of India
comprising British Indian provinces and Indian States (Princely States). The joining
of Princely states was voluntary and as a result, the federation did not come into
existence.
2. Dyarchy in the Provinces was replaced by Provincial autonomy. They were granted
separate legal identity.
3. It main three fold division of powers : Federal, Provincial and Concurrent. Residuary
powers were to be with Governor-General.
4. The Indian Council of Secretary of State for India was abolished.
5. Principle of separate electorate was extended to include Anglo-Indians, Indian
Christmas and Europeans.
6. The Federal Bank (The Reserve Bank of India) and the Federal Court (Supreme
Court of India) were established in 1935 and 1937 respectively.

Indian Independence Act, 1947

[An Act to make provision for the setting up in India of two independent Dominion states, to
substitute other provisions for certain provisions of the Government of India Act, 1935, which
apply outside those Dominions, and to provide for other matters consequential on or connected
with the setting up of those Dominions.]

1) Indian Independence Act, 1947 did not lay down any provision for the administration
of India.
2) Partition of India and the establishment of two countries (India and Pakistan).
3) Consistent Assembly of each Dominion would have unlimited powers to frame and
adopt any Constitution.
4) The office of the Secretary of State for India was to be abolished and his work was to
be taken over by the Secretary of State for common wealth affairs.
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