UPPSC 2025

DAILY
CLASS NOTES
Polity

Lecture – 02
Constitutional Development
 Constitutional Development
Constitutional Development:
Charter Act 1726:
❖ The Charter of 1726 mandated the establishment of a Mayor's Court in each presidential town.
❖ Members of the Mayor's Court included the Mayor and the Aldermen of the Corporation of the Presidency
Town.
❖ The Mayor's Court was designated as the Court of Record, meaning it maintained official records of legal
proceedings.
Regulating Act 1773:
❖ The Regulating Act of 1773 marked the onset of centralization in India under British rule.
❖ It was the first legislation passed by the British Parliament to oversee the activities of the East India
Company in India.
❖ Under this Act, the Governor of Bengal was designated as the Governor-General of Bengal. Warren
Hastings was the first Governor-General of Bengal.
❖ The Act placed the Governors of Bombay and Madras under the authority of the Governor-General of
Bengal.
❖ It granted the Governor-General the authority to establish rules and regulations, with assistance from a
Council of four members.
❖ Additionally, the Regulating Act of 1773 led to the establishment of the Supreme Court at Calcutta in
1774.
Pitt's India Act 1784
❖ Pitt's India Act of 1784 separated the political and commercial activities of the East India Company.
❖ It allowed the Court of Directors to manage the commercial affairs, but created a new body called the
Boardcalled the Board of Control to manage the political affairs. Thus, it established a system of double
government.
❖ It empowered the Board of Control to supervise and direct all operations of the civil and military government
or revenues of the British possessions in India.
Thus, the act was significant for two reasons: first, the Company’s territories in India were for the first time called
the ‘British possessions in India’; and second, the British Government was given the supreme control over
Company’s affairs and its administration in India.
Charter Act of 1813:
❖ End of Monopoly Trade: The act terminated the East India Company’s monopoly over trade in India,
allowing for competition in the Indian market. However, the Company still retained its monopoly over trade
with China and the tea trade.
❖ Shareholder Dividend: Shareholders of the East India Company were guaranteed a dividend of 10.5 percent
on the revenue generated from India.
❖ Retention of Territories and Revenue: The act stipulated that the Company would continue to possess
territories and collect revenue for another 20 years, without compromising the sovereignty of the British
Crown. This was the first specific declaration of British territories’ constitutional position in India.
❖ Expansion of Powers of the Board of Control: The act further expanded the powers of the Board of Control,
granting it increased authority and control over the affairs of the East India Company.
❖ Promotion of Literature, Learning, and Science: A sum of one lakh rupees was to be allocated annually
for the promotion, revival, and encouragement of literature, learning, and science among the native
population of India. This provision highlighted the responsibility of the state in supporting education.
❖ Parliamentary Oversight: Regulations made by the Councils of Madras, Bombay, and Calcutta were
required to be presented before the British Parliament, establishing a mechanism for parliamentary oversight.
❖ Permission for Christian Missionaries: Christian missionaries were permitted to come to India and preach
their religion, facilitating the spread of Christianity.
Charter Act of 1833
❖ The Charter Act of 1833 legalized British colonization of India. This ended the activities of the East India
Company as a commercial body and it now became an administrative body.
❖ It made the Governor-General of Bengal the Governor-General of India and gave him all civil and military
powers.
❖ This made Lord William Bentinck the first Governor-General of India {centralization of the
administration of India}.
❖ The Governors of Bombay and Madras lost their legislative powers. The Governor-General of India had
legislative powers over the whole of British India.
❖ It was the first Act to allow Indians to participate in the country’s administration. It emphasized merit-
based employment in government service, irrespective of birth, color, religion, or race.
❖ The Governor-General in Council had the power to amend, repeal, or alter any law of the British Indian
territories.
❖ The Governor-General's Council was again to consist of four members, with the fourth member having
only limited powers.
❖ For the first time, the Government of the Governor-General was called the Government of India and the
Council was called the Council of India.
❖ The Indian Law Commission was established to codify all Indian laws. The Chairman of the first Law
Commission was Lord Macaulay.
Charter Act 1853:
❖ For the first time, the legislative council and executive functions of the Governor General were separated.
❖ It provided for the inclusion of six new members in the Council, which was called the Legislative Council.
❖ This act created a separate Governor General's Legislative Council, which came to be known as the
Indian (Central) Legislative Council.
❖ The legislative branch of the Council functioned as a mini-parliament, following procedures similar to the
British Parliament.
❖ For the first time, the law was considered a distinct government function, requiring specialized tools and
procedures.
❖ In matters of law, the procedure of the Governor-General's Council was the same as that followed by the
British Parliament. That means members could ask questions and discuss the policies of the Executive
Council.
❖ The Executive Council was given the right to veto a bill passed by the Council in its legislative capacity.
❖ Legislative work was done in public and discussion was oral. Bills were referred to a select committee
rather than to an individual member.
❖ The Charter Act of 1853 provided for the creation and functioning of the Legislative Council which was
considered an important constitutional measure.
❖ The Charter Act of 1853 provided that the salaries of the members of the Board of Control, its Secretary, and
other officers would be fixed by the British Government but would be paid by the Company.
Government of India Act 1858

The clauses of the Government of India Act 1858 are linked by the overall topic of abolishing the company's rule
and reinforcing British control:
❖ Liquidation of the East India Company: The Act resulted in the collapse of the East India Company and
the transfer of control of Indian colonies to the British Crown.
❖ Governance in the Name of the British Queen: The Act stated that the British Indian possessions would be
administered in the name of Queen Victoria.
❖ Scrapping of the Court of Directors and Board of Control: The powers previously held by the Company’s
Court of Directors were transferred to the Secretary of State for India, who was to be a member of the British
Parliament and a member of the Prime Minister’s cabinet.
❖ Introduction of the Secretary of State and Council: The Secretary of State for India was in charge of
communication between the British and Indian governments. The Secretary of State had enormous powers
and could dispatch secret despatches to India without consulting the council. He was assisted by a council of
15 members.
❖ Appointment of Viceroy: The Act established the position of Viceroy, who functioned as the British
government’s representative in India. The post of Governor General of India was abolished.
❖ Establishment of the Executive Council: The Viceroy was to be helped by an Executive Council in carrying
out British India’s administrative tasks.
❖ Abolition of Dual Government and the Doctrine of Lapse: The Act repealed the Pitt’s India Act’s dual
government system and removed the doctrine of lapse, which permitted the British to conquer states without
a male heir.
❖ Status of Indian Princes and Chiefs: More than 560 Indian princes and chiefs were allowed to retain their
independence as long as they recognized British suzerainty.
Indian Council Act 1861

The Indian Councils Act of 1861 introduced significant changes to the governance and legislative processes in
India. Here’s a breakdown of the key provisions and reforms brought about by this act:
❖ Executive Council Reorganization: The Act expanded the Governor-General’s Executive Council by adding
a fifth member responsible for public works (later a sixth member for public works was added in 1874).
These five members oversaw various departments, including home affairs, military, law, revenue, finance,
and public works.
❖ Introduction of the Portfolio System: Lord Canning, who was the Viceroy at the time, introduced the
portfolio system. Under this system, each member of the Executive Council was assigned a specific portfolio
corresponding to a particular department, allowing for more specialized governance.
❖ Expansion of Legislative Council: The act enlarged the Legislative Council for legislative purposes. The
Governor-General could now nominate between 6 and 12 additional members to the Legislative Council.
These members served two-year terms, and at least half of them were required to be non-official members,
either British or Indian.
❖ Limited Legislative Functions: The functions of these additional members were primarily confined to
legislative matters, and their role was to participate in the formulation of legislative measures.
❖ Indian Representation: In a notable move, Lord Canning nominated three Indians to the Governor-
General’s Council in 1862. These Indian members included the Raja of Benares, the Maharaja of Patiala,
and Sir Dinkar Rao, marking a step toward Indian representation in governance.
❖ Governor-General’s Assent: The act stipulated that bills related to public revenue or debt, military,
religion, or foreign affairs could not be passed without the assent of the Governor-General.
❖ Viceroy’s Overrule: The Viceroy had the authority to overrule the council if deemed necessary, giving the
British government a degree of control over legislative decisions.
❖ Emergency Ordinances: During emergencies, the Governor-General had the power to promulgate ordinances
without the concurrence of the council, allowing for swift action when needed.
❖ Dissolution of Acts: The Secretary of State for India in Britain had the authority to dissolve any act passed
by the Governor-General’s Council, ensuring oversight from the British government.
❖ Restoration of Legislative Powers: This act restored the legislative powers of the Governor-in-Councils of
the Presidencies of Madras and Bombay, which had been curtailed by the Charter Act of 1833.
❖ Expanded Legislative Jurisdiction: The legislative council of Calcutta gained extensive powers to pass laws
that applied to the whole of British India.
❖ Formation of Legislative Councils: The act provided for the formation of legislative councils in other
provinces. New provinces could also be created for legislative purposes, with the appointment of Lieutenant
Governors. Legislative councils were subsequently established in Bengal in 1862, the North-West Frontier
Province in 1886, and Punjab and Burma in 1897.
Indian Council Act 1892:
❖ Increased Non-Official Members: The Indian Councils Act of 1892 raised the number of additional (non-
official) members in both the Central and provincial legislative councils.
❖ Maintained Official Majority: Despite the increase in non-official members, the Act ensured that the official
members still held the majority in these councils.
❖ Enhanced Budgetary Powers: Legislative councils were granted more responsibilities, including the
power to discuss the budget and pose questions to the executive.
❖ Nomination Process: Some non-official members of the Central Legislative Council were nominated by the
Viceroy based on recommendations from provincial legislative councils and the Bengal Chamber of
Commerce. Provincial legislative councils' non-official members were nominated by Governors upon
recommendations from district boards, municipalities, universities, trade associations, zamindars, and
chambers.
Indian Council Act 1909:
❖ Increased Size of Legislative Councils: The Indian Councils Act of 1909, also known as the Morley-Minto
Reforms, significantly expanded the size of both Central and provincial legislative councils. The number of
members in the Central Legislative Council was increased from 16 to 60.
❖ The legislative councils at both the Centre and the provinces were structured to include four distinct
categories of members:
➢ Ex Officio Members
➢ Nominated Official Members
➢ Nominated Non-Official Members
➢ Elected Members
❖ The elected members were elected indirectly.
❖ The Act introduced communal representation for Muslims, accepting the concept of a 'separate electorate'.
Muslim members were to be elected only by Muslim voters, formalizing communalism. Lord Minto earned
the title of the Father of Communal Electorate due to this provision.
❖ Association of Indians with Executive Councils: For the first time, Indians were allowed to participate in
the executive councils of the Viceroy and Governors. Satyendra Prasad Sinha became the first Indian to join
the Viceroy's executive council, appointed as the Law Member.
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