Introduction
The Constitution of India, adopted on January 26, 1950, is not a sudden creation but the culmination of a long historical process. Its roots can be traced back to the administrative and legislative measures enacted by the British, first under the East India Company rule and subsequently under the Crown rule. This evolution witnessed the gradual introduction of centralized administration, parliamentary control over Indian affairs, the beginnings of representative institutions, and eventually, the transfer of power and the blueprint for the independent Indian state.
Understanding this historical progression is crucial to appreciating the current constitutional framework, its unique features, and the enduring principles embedded within it.
1.2.1: Pre-Company Rule Administrative Structures
- Highly centralized bureaucratic system (Mansabdari system).
- Elaborate revenue administration (Zabt system under Akbar).
- Well-defined judiciary.
- Provincial administration (Subahs).
- Legacy: land revenue systems and administrative terminology.
- Marathas, Vijayanagara, Rajput states.
- Own administrative, judicial, and revenue systems.
- Often adapted from or influenced by Mughal practices.
- Showcased diverse governance models (local autonomy, customary law).
- Self-governing village communities.
- Panchayats (councils of five elders).
- Handled local disputes, revenue collection, order maintenance.
- Largely autonomous, bedrock of local governance.
Source: NCERT Class XII, Spectrum 'A Brief History of Modern India'.
1.2.2: The Company Rule (1773-1858)
Genesis of Centralized Administration & Parliamentary Control: This period saw initial steps towards centralized administration and gradual assertion of parliamentary control over the East India Company's affairs.
Regulating Act of 1773
Company's financial difficulties, corruption, misrule in Bengal prompted parliamentary intervention. Objectives: regulate EIC, control corruption, bring EIC under Parliament, establish centralized administration.
- Designated Governor of Bengal as Governor-General of Bengal (Lord Warren Hastings).
- 4-member Executive Council created to assist GG.
- Governors of Bombay & Madras subordinated to GG of Bengal (first step towards centralization).
- Supreme Court at Calcutta (1774).
- Prohibited private trade & bribes for Company servants.
- Court of Directors to report to British government.
Significance: First step by British Govt. to control EIC, recognized Company's political functions, laid foundation of central administration, initiated system of justice.
Defects: GG had no veto power, Supreme Court jurisdiction unclear, didn't address shareholder influence.
Amending Act of 1781 (Act of Settlement)
Objectives: Remove ambiguities and conflicts from Regulating Act.
- Exempted GG and Council from SC jurisdiction for official acts.
- Exempted Company servants from SC jurisdiction for official acts.
- Defined SC jurisdiction: Calcutta inhabitants & property.
- Appeals from Provincial Courts to GG-in-Council, not SC.
- Directed SC to administer personal law (Hindu by Hindu law, Muslim by Muslim law).
Pitt's India Act of 1784
Board of Control (Political functions): New 6-member body to supervise Company's civil, military, revenue affairs. Represented British government.
Court of Directors (Commercial functions): Retained commercial responsibilities.
Significance: Created dual government; strengthened parliamentary control; Company territories called "British possessions in India" for the first time.
Act of 1786
- Granted Governor-General (Lord Cornwallis) power to override his Council in special cases.
- GG also made Commander-in-Chief.
Charter Act of 1793
- Extended Company's trade monopoly for another 20 years.
- GG's override power extended to Governors of Bombay and Madras Presidencies.
- Commander-in-Chief not necessarily a member of GG's Council unless specifically appointed.
- Salaries of the Board of Control members were to be paid from Indian revenues.
Charter Act of 1813
- Abolished Company's trade monopoly (except tea and trade with China). Opened India to British private traders.
- Explicitly asserted sovereignty of British Crown over Company’s territories.
- One lakh rupees earmarked for education (first step towards state responsibility for education).
- Allowed Christian missionaries to come to India.
Charter Act of 1833
Significance: Final step towards centralization in British India.
- Governor-General of Bengal became Governor-General of India (Lord William Bentinck). Vested with all civil and military powers.
- Deprived Bombay & Madras Governors of legislative powers. GG of India & Council given exclusive legislative powers for whole British India. Laws called 'Acts'.
- Ended EIC's commercial activities; became purely administrative body. Territories held 'in trust for His Majesty'.
- Attempted open competition for civil servants (negated by Court of Directors).
Charter Act of 1853
Significance: Last of the Charter Acts. Introduced significant legislative reforms.
- Separated legislative & executive functions of GG's Council.
- Indian (Central) Legislative Council: 6 new members for legislative purposes, functioned as 'mini-Parliament'.
- Local representation in Central Legislative Council (4 members from Madras, Bombay, Bengal, Agra).
- Finally introduced open competition for civil services (Macaulay Committee, 1854).
- Extended Company rule indefinitely (implied termination at any time).
Key Features of Company Rule Acts (1773-1858)
| Act | Key Feature | Significance/Impact |
|---|---|---|
| Regulating Act 1773 | Governor-General of Bengal; Supreme Court at Calcutta; Subordination of Presidencies. | First step towards centralization & parliamentary control. |
| Pitt's India Act 1784 | Dual control (Board of Control & Court of Directors). | Distinguished political/commercial functions; strengthened British control. |
| Charter Act 1813 | Ended Company's trade monopoly (except tea/China); Crown's sovereignty asserted; Education fund. | Opened India to private trade; beginning of state's role in education. |
| Charter Act 1833 | Governor-General of India; complete legislative centralization; Company became administrative body. | Final step towards centralization; unified administration. |
| Charter Act 1853 | Separate legislative/executive functions; Indian Legislative Council; Open civil service competition. | Foundation for modern legislative process; merit-based civil service. |
Source: M. Laxmikanth.
1.2.3: The Crown Rule (1858-1947)
Towards Responsible Government (Gradual Introduction): The Revolt of 1857 led to direct assumption of power by the British Crown, marking a new phase aimed at incorporating Indians into administration and gradually moving towards responsible government.
Government of India Act of 1858
Context: Sepoy Mutiny/First War of Independence (1857) exposed Company's flaws.
- Abolished East India Company; transferred power, territories, revenues to British Crown.
- India governed by Her Majesty.
- New office: Secretary of State for India (British Cabinet member, responsible to Parliament).
- 15-member Council of India to assist Secretary of State (advisory).
- Governor-General of India became Viceroy of India (Lord Canning - first).
Significance: Ended dual government; India under direct Crown control; new administrative machinery in England; centralization continued.
Indian Councils Act of 1861
Significance: Very important landmark. Began representative institutions by associating Indians with law-making.
- Viceroy to nominate some Indians as non-official members to his expanded Legislative Council (e.g., Raja of Benares, Maharaja of Patiala, Sir Dinkar Rao in 1862).
- Restored legislative powers to Bombay & Madras (initiated decentralization).
- Recognized Portfolio System (Lord Canning, 1859).
- Empowered Viceroy to issue ordinances (6 months).
Limitations: Functions of councils strictly limited to legislation; no financial powers or executive control; non-official members had no real power.
Indian Councils Act of 1892
- Increased number of additional (non-official) members in Central & provincial legislative councils.
- Limited and indirect provision for election (word "election" not used).
- Empowered councils to discuss budget (not vote) and ask questions (no supplementary).
Significance: First step towards 'representative principle', though limited. Increased deliberative functions.
Limitations: Elected members were minority, government still held power, no direct elections.
Indian Councils Act of 1909 (Morley-Minto Reforms)
Context: Growing nationalism, Swadeshi Movement, Muslim League formation (1906), demand for separate electorates.
- Significantly increased size of legislative councils (Central from 16 to 60).
- Enlarged deliberative functions (supplementary questions, resolutions on budget/public interest).
- Association of Indians with Executive Councils (Satyendra Prasad Sinha - first Indian Law Member in Viceroy’s Executive Council).
- Introduced Separate Electorates for Muslims (communal representation, Lord Minto 'Father of Communal Electorate').
Significance & Criticism: Increased Indian participation. Legalized communalism, laid seeds for partition, created permanent division.
Government of India Act of 1919 (Montagu-Chelmsford Reforms)
Context: World War I, Home Rule Movement, August Declaration 1917 (explicitly aimed for "gradual introduction of responsible government").
- Preamble stated objective: "gradual development of self-governing institutions... progressive realisation of responsible government".
- Dyarchy in Provinces: Transferred (ministers responsible to LC) & Reserved (Governor & Executive Council, not responsible).
- Bicameralism & Direct Elections at the Centre (Upper House: Council of State, Lower House: Legislative Assembly).
- Extended communal representation (Sikhs, Indian Christians, Anglo-Indians, Europeans).
- Established Public Service Commission (Central PSC in 1926).
- Separated provincial budgets from Central budget.
- Provision for Statutory Commission after 10 years (led to Simon Commission).
Significance & Limitations: First step towards responsible government in provinces. Dyarchy was problematic. Centre without responsible government. Limited franchise (3%). Further communalism.
Government of India Act of 1935
Genesis: Simon Commission (1927, all-white), Nehru Report (1928, Dominion Status, FRs), Jinnah's Fourteen Points (1929), Round Table Conferences (1930-32), Communal Award (1932) & Poona Pact (1932), White Paper (1933).
- All-India Federation: Provinces + Princely States (never came into force).
- Division of Powers: Federal, Provincial, Concurrent Lists. Residuary powers to Viceroy.
- Provincial Autonomy: Abolished Dyarchy in provinces; ministers responsible to legislature.
- Dyarchy at the Centre (never implemented).
- Bicameralism in 6 provinces.
- Extended communal representation (Depressed Classes, women, labour). Expanded franchise (~10%).
- Established RBI, Federal Court (1937), Federal PSC, Provincial PSCs.
Significance & Limitations: Blueprint for India's future federal structure; many provisions adopted in present Constitution. No Preamble. No full Dominion Status. British Parliament retained supremacy. No real transfer of power.
Indian Independence Act of 1947
Context: WWII, Quit India Movement, Cabinet Mission Plan (1946), Mountbatten Plan (June 3, 1947).
- Declared India independent & sovereign from Aug 15, 1947.
- Partition of India and creation of two independent dominions (India & Pakistan).
- Abolished Viceroy & Secretary of State for India. Governor-General for each dominion appointed by British King on dominion cabinet advice.
- Empowered Constituent Assemblies to frame/adopt any Constitution and repeal any British Act.
- Lapse of British paramountcy over Princely States.
- Interim Government (1946): Set up on Sep 2, 1946, based on Cabinet Mission Plan. Headed by Viceroy Lord Wavell, with Jawaharlal Nehru as Vice-President. Faced internal conflicts but managed affairs until independence.
Significance: Final transfer of power; birth of two nations.
Key Features of Crown Rule Acts (1858-1947)
| Act | Key Feature | Significance/Impact |
|---|---|---|
| GoI Act 1858 | Transfer of power to Crown; Sec. of State for India; Viceroy. | End of Company rule; direct Crown rule. |
| Indian Councils Act 1861 | Beginning of Indian association in legislature; decentralization; Viceroy's ordinance power. | First step towards representative institutions. |
| Indian Councils Act 1892 | Increased legislative functions; limited indirect election. | Increased Indian involvement, though limited. |
| Indian Councils Act 1909 | Increased size of Councils; Indians in Executive Council; Separate electorates for Muslims. | Formalized communalism; Satyendra P. Sinha first Indian in Viceroy's Exec. Council. |
| GoI Act 1919 | Dyarchy in provinces; Bicameralism at Centre; Direct elections; Extended communal representation. | Towards responsible government; laid framework for future bicameralism. |
| GoI Act 1935 | All-India Federation; Division of powers (lists); Provincial Autonomy; Federal Court, RBI. | Blueprint for Indian Constitution; abolished provincial dyarchy. |
| Indian Ind. Act 1947 | Declared India independent; Partition; Abolished Viceroy & Sec. of State; Constituent Assemblies empowered. | Final transfer of power; birth of two nations. |
Source: M. Laxmikanth.
Conclusion & Significance
The historical evolution of the Indian Constitution, from the Regulating Act of 1773 to the Indian Independence Act of 1947, is a fascinating journey of gradual constitutional development. It illustrates the transformation from a mercantile company's administrative control to a centralized imperial administration, and eventually to a system that gradually introduced representative principles, parliamentary forms, federal structures, and independent institutions.
Many features of the present Indian Constitution, such as the parliamentary system, federalism (though centralized), bicameralism, judicial review, the office of the Governor, and the Public Service Commissions, have their origins in these colonial acts. This legacy, shaped by both British design and Indian nationalist aspirations, highlights the continuity of institutional frameworks while emphasizing the transformative spirit of India's independence movement that sought to redefine the purpose and beneficiaries of governance.
Prelims-Ready Notes
Company Rule Highlights
- Regulating Act 1773: GG of Bengal (Warren Hastings), Supreme Court at Calcutta (1774), first centralization.
- Pitt's India Act 1784: Dual Government (Board of Control & Court of Directors), "British possessions in India."
- Charter Act 1813: Ended EIC monopoly (except tea & China), Crown's sovereignty, 1 Lakh for education, missionaries allowed.
- Charter Act 1833: Final centralization, GG of India (William Bentinck), complete legislative centralization, EIC purely administrative.
- Charter Act 1853: Separated legislative & executive, Indian Legislative Council ("Mini-Parliament"), open civil service competition (Macaulay Committee).
Crown Rule Highlights
- GoI Act 1858: End of Company Rule, Transfer to Crown, Secretary of State, Viceroy (Canning).
- Indian Councils Act 1861: Beginning of Indian association, decentralization, Portfolio System, Viceroy's ordinance power.
- Indian Councils Act 1892: Indirect election, discuss budget/ask questions (limited).
- Indian Councils Act 1909: Increased Council size, Indians in Executive Councils (S.P. Sinha), Separate Electorates for Muslims (Minto).
- GoI Act 1919: August Declaration 1917, Dyarchy in Provinces, Bicameralism & Direct Elections at Centre, extended communal representation, Central PSC.
- GoI Act 1935: Blueprint for Indian Constitution, All-India Federation (never implemented), Division of Powers, Provincial Autonomy, RBI, Federal Court.
- Indian Independence Act 1947: India independent, Partition, Abolished Viceroy/Sec. of State, Constituent Assemblies empowered.
Summary Table: Genesis of Indian Constitution
| Phase | Key Acts/Features | Significance/Impact |
|---|---|---|
| Company Rule (1773-1858) | Regulating Act 1773 (Centralization begins) | British Parliament's growing control over Company's political affairs. |
| Pitt's India Act 1784 (Dual Control) | Formal distinction between commercial & political functions. | |
| Charter Act 1833 (Final centralization, Governor-General of India) | Company becomes purely administrative; unified legislative authority. | |
| Charter Act 1853 (Legislative Council, Open civil service) | Seeds of modern legislative process & merit-based administration. | |
| Crown Rule (1858-1947) | GoI Act 1858 (Transfer of power, Secretary of State, Viceroy) | End of Company rule; direct British Crown governance. |
| Indian Councils Act 1861 (Indians in legislature, Decentralization begins) | First step towards representative institutions & provincial autonomy. | |
| Indian Councils Act 1909 (Separate Electorates for Muslims) | Formalized communalism; increased Indian participation. | |
| GoI Act 1919 (Dyarchy in Provinces, Bicameralism at Centre, Direct Elections) | First step towards responsible government in provinces. | |
| GoI Act 1935 (All-India Federation, Provincial Autonomy, Power Lists) | Major blueprint for Indian Constitution. | |
| Indian Ind. Act 1947 (Independence, Partition, Constituent Assembly empowered) | Transfer of power; establishment of sovereign India. |
Source: M. Laxmikanth, Spectrum.
Mains-Ready Analytical Notes
Major Debates/Discussions
- Centralization vs. Decentralization: The Acts show a pendulum swing. Extreme centralization under 1833 Act, followed by decentralization attempts from 1861, culminating in provincial autonomy under 1935. This historical tension continues in debates on Indian federalism (strong Centre vs. State autonomy).
- Communal Representation: The 1909 Act's introduction and 1919/1935 Acts' extension of separate electorates are highly criticized as divisive. This was a deliberate British policy (Divide and Rule) that profoundly shaped Indian politics and directly led to partition. This highlights the long-term impact of electoral designs on national unity.
- Pace of Reforms: Indian nationalists always criticized the reforms as 'too little, too late'. British reforms were often concessions made under pressure rather than genuine steps towards self-governance.
- Nature of British Rule: Was it benevolent or exploitative? While acts introduced administrative and legal frameworks, critics argue they were primarily to consolidate control and extract resources, and democratic elements were limited.
Historical Trends, Continuity & Changes
- From Trading to Administrative Body: The EIC transformed from a commercial entity to a purely administrative one (1833), eventually being abolished (1858).
- Growing Parliamentary Control: British Parliament progressively increased its control over Indian affairs, moving from distant regulation (1773) to direct rule (1858) and then granting limited self-government.
- Emergence of Representative Institutions: From non-official nominated members (1861) to indirect elections (1892), then direct elections (1919), and responsible government in provinces (1935). This was a crucial evolution of democratic practices.
- Seeds of Federalism: Though the All-India Federation of 1935 never materialized fully, the concept of divided powers and provincial autonomy laid the groundwork for India's federal structure.
- Bureaucracy and Rule of Law: The establishment of a unified civil service (1853) and independent judiciary (Supreme Court 1774, Federal Court 1937) contributed to the framework of rule of law, albeit under colonial authority.
Contemporary Relevance/Significance/Impact
- Parliamentary System: India's current parliamentary system, with bicameralism at the Centre and states, has its roots in the 1919 and 1935 Acts.
- Federal Structure: The division of powers (Union, State, Concurrent Lists) in the Indian Constitution is heavily borrowed from the 1935 Act. Debates on Centre-state relations often echo historical centralizing tendencies.
- Judiciary: The establishment of the Supreme Court and Federal Court led to the structured judicial system India has today. The principle of judicial review can be seen as an evolution of the checks on executive power.
- Public Services: The concept of an independent public service commission for merit-based recruitment directly derives from the 1853 and 1935 Acts.
- Emergency Provisions: The discretionary powers of the Governor and Governor-General in earlier acts (e.g., ordinance making power of Viceroy 1861, emergency provisions 1935) find echoes in emergency powers of President/Governor.
- Impact of Communal Electorates: The legacy of separate electorates continues to be relevant in understanding communal politics, minority rights, and the debates around identity-based representation in India. The Poona Pact is a critical historical lesson in political negotiation.
- Influence of GoI Act 1935: Approx. two-thirds of the Indian Constitution is directly drawn from or influenced by the GoI Act 1935. This speaks volumes about its foundational role.
Value-Added Points
- The historical evolution demonstrates that the Indian Constitution is not merely a document borrowed from foreign constitutions but a product of India's unique historical experiences and political developments under British rule.
- It highlights the blend of continuity (institutional structures) and change (shift from colonial rule to self-governance, from limited rights to fundamental rights).
Current Affairs and Recent Developments
While the topic is historical, its understanding is crucial for analyzing ongoing debates and policies in India:
- Discussions on Colonial Legacy: There are continuous public and academic debates in India about decolonizing various aspects of governance, law, and education. For instance, discussions around the Indian Penal Code (IPC) and Criminal Procedure Code (CrPC) (both colonial-era enactments) and their ongoing reform/replacement by Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), show a conscious effort to move away from laws rooted in colonial administration, even if the structural elements of the legal system remain similar.
- Federalism Debates: The historical evolution shows the shift from extreme centralization to limited decentralization. Contemporary debates on Centre-State financial relations, the role of the Governor, or the implementation of national policies in states, are often viewed through the lens of this historical push-and-pull, indicating the enduring relevance of the federal structure designed under the 1935 Act.
- Electoral System Evolution: While direct elections and expanded franchise were introduced gradually, the issues of communal representation and electoral reforms (e.g., use of EVMs, funding of elections, representation of marginalized groups) continue to be subjects of discussion, with their historical roots lying in the Acts of 1909 and 1919.
- Judicial Review: The concept of judicial review, while consolidated by the SC, has its indirect genesis in the establishment of a formal court system and legislative councils whose laws could be interpreted. Contemporary debates on judicial activism/restraint inherently rely on the historical understanding of the judiciary's role.
UPSC Previous Year Questions
Prelims MCQs
1. UPSC CSE 2018: With reference to the provisions of the Government of India Act, 1919, which of the following statements is/are correct?
Select the correct answer using the code given below:
- (a) 1 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (d)
Hint: All three statements are correct provisions of the GoI Act 1919.
2. UPSC CSE 2012: The idea of a Federation for India was first mooted in the:
- (a) Indian Councils Act of 1861
- (b) Montagu-Chelmsford Reforms
- (c) Simon Commission Plan
- (d) Government of India Act of 1935
Answer: (d)
Hint: The Government of India Act of 1935 specifically provided for an All-India Federation, though it never came into full operation. The Simon Commission suggested it, and Montagu-Chelmsford had not reached that stage.
3. UPSC CSE 2009: Under which one of the following Acts was the system of Diarchy introduced at the Centre?
- (a) Indian Councils Act, 1909
- (b) Government of India Act, 1919
- (c) Government of India Act, 1935
- (d) Indian Independence Act, 1947
Answer: (c)
Hint: Dyarchy was introduced in provinces by the 1919 Act. It was proposed at the Centre by the 1935 Act but never implemented. This is a common trick question.
Mains Questions
1. UPSC CSE 2020 (10 marks): "The British Parliament enacted the law for abolition of Sati in 1829. To what extent do you think it was influenced by the contemporary socio-religious reform movements?"
Direction: While not directly about constitutional acts, this question demands understanding the interaction between social reforms and legislative action during the Company Rule, highlighting the influence of internal reform movements like that led by Raja Ram Mohan Roy on British policy decisions, thereby demonstrating how early legislative changes were often a blend of colonial agenda and societal pressure.
2. UPSC CSE 2018 (15 marks): "Why did the 'moderates' fail to win the confidence of the masses? Critically examine."
Direction: This question, from Modern History, links to the constitutional reforms. Moderates believed in constitutional agitation and reforms. Their failure was partly due to the limited nature of the reforms offered by acts like 1892, 1909, and even 1919, which often fell short of nationalist aspirations and did not provide sufficient power or representation to involve the masses meaningfully. The British aim was appeasement, not empowerment.
3. UPSC CSE 2015 (12.5 marks): "Discuss the contributions of the Indian Councils Act of 1861, 1892 and 1909 to the evolution of the Indian Constitution."
Direction: For each Act, clearly state its key provisions that relate to constitutional development (e.g., association of Indians, legislative functions, electoral principles). Analyze the significance of each step in the gradual introduction of representative institutions, decentralization, and the increasing (though limited) participation of Indians in administration, and how these laid groundwork for future constitutional forms like parliamentary debate and direct elections. Also, mention the limitations of each Act.
Original MCQs for Prelims
1. Which of the following statements correctly describes the primary outcome of the Charter Act of 1833 for the East India Company?
- (a) It formally established the Board of Control to supervise the Company's political affairs.
- (b) It ended the Company's trade monopoly with India entirely, including tea and trade with China.
- (c) It transformed the Company from a commercial body into a purely administrative body.
- (d) It introduced open competition for civil services for the first time.
Answer: (c)
Explanation: The Charter Act of 1833 was the final step towards centralization, making the Governor-General of India the supreme authority. Crucially, it ended the Company's commercial activities, making it an administrative trustee of British possessions in India. Option (a) refers to Pitt's India Act 1784. Option (b) is incorrect; 1813 ended most monopolies except tea and China, but 1833 ended all. Option (d) was attempted in 1833 but only formally introduced and implemented by 1853 (Macaulay Committee).
2. With reference to the Indian Councils Act of 1909, consider the following statements:
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (a)
Explanation: Statements 1 and 2 are correct provisions of the Indian Councils Act of 1909 (Morley-Minto Reforms). Statement 3 is incorrect for 1909; the extension of separate electorates to Sikhs, Indian Christians, Anglo-Indians, and Europeans was a feature of the Government of India Act of 1919 (Montagu-Chelmsford Reforms). The 1909 Act introduced separate electorates only for Muslims.
Original Descriptive Questions for Mains
1. "The Government of India Act of 1935 was not merely an administrative milestone but a constitutional blueprint for independent India." Critically analyze this statement, highlighting the key features of the Act that found resonance in the Constitution of India. (15 marks)
Key Points/Structure:
- Introduction: Briefly introduce the GoI Act 1935 as a significant and comprehensive legislation in India's constitutional history.
- Blueprint Aspect (Resonance in Indian Constitution): Federal Scheme, Office of Governor, Judiciary (Federal Court leading to SC), Public Service Commissions, Emergency Provisions, Administrative Details.
- Not Merely Administrative but Constitutional: Emphasize foundation for responsible government, concepts like federalism, division of powers, step towards written constitution.
- Critical Analysis (Limitations as a blueprint): No Preamble, No Dominion Status, No Sovereign Powers, All-India Federation did not materialize, Dyarchy at Centre not implemented, Retained Communal Electorates.
- Conclusion: Despite limitations, 1935 Act provided concrete framework, critical bridge from colonial rule to independent constitutionalism.
2. Examine how the British legislative enactments from the Regulating Act of 1773 to the Indian Councils Act of 1909 progressively shaped the idea of a centralized administration and the nascent stages of representative government in India. (10 marks)
Key Points/Structure:
- Introduction: State purpose of British acts and their impact.
- Centralized Administration (1773-1833): Regulating Act 1773 (GG of Bengal, subordination), Pitt's India Act 1784 (parliamentary control), Charter Act 1833 (GG of India, legislative centralization).
- Nascent Stages of Representative Government (1861-1909): Indian Councils Act 1861 (Indian association, initial decentralization), Indian Councils Act 1892 (indirect election, discuss budget), Indian Councils Act 1909 (increased size, Indians in Executive Councils, deliberative functions).
- Limitations: Stress limited representation, no real power, communal electorates introduced divisiveness.
- Conclusion: Summarize continuity of centralization vs. gradual groundwork for legislative bodies and Indian participation.