Indian Polity — Historical Background
1. Introduction
Context: The Indian Constitution has its origins in acts and policies of the East India Company and the British government. It came into effect on January 26, 1950, marking India's transition from a dominion to a Sovereign, Democratic, Republic. Dr. B.R. Ambedkar played a pivotal role as the Chairman of the Drafting Committee.
- Evolution Periods:
- Company Rule (1773-1858): Established the governance framework under the East India Company.
- Crown Rule (1858-1947): Marked direct British control, leading to major administrative changes.
- Constituent Assembly: Drafting process involved the Constituent Assembly from 1946 to 1949, featuring extensive discussions.
📝 UPSC Previous Year Questions:
- UPSC Prelims 2024: The Government of India Act, 1935 aimed to establish an All-India Federation. Why did it fail? Answer: Due to non-participation from princely states.
- UPSC Prelims 2022: Under the Government of India Act, 1919, which subjects were under the Governor General and his Executive Council? Answer: Reserved Subjects.
- UPSC Prelims 2012: The Government of India Act, 1935 divided powers into how many lists? Answer: Three lists — Federal, Provincial, Concurrent.
2. Company Rule (1773-1858)
Regulating Act of 1773
- Governor-General: Warren Hastings
- Key Provisions:
- First British Regulation — marked the beginning of British control over East India Company's affairs.
- Laid the foundation for centralised governance.
- Officially recognized the Company's political and administrative authority.
- Appointed Warren Hastings as Governor-General of Bengal with a 4-member Executive Council.
- Established the Supreme Court in Calcutta (1774).
- Banned private trade and bribes among Company servants.
- Bombay and Madras presidencies were made subordinate to Bengal's Governor-General.
Amending Act of 1781 (Act of Settlement)
- Governor-General: Warren Hastings
- Key Provisions:
- Governor-General and Council exempted from Supreme Court jurisdiction for official acts.
- Revenue issues excluded from Supreme Court's jurisdiction.
- Court to apply Hindu/Mohammedan law for respective defendants.
- Provincial Court appeals directed to Governor-General-in-Council.
Pitt's India Act, 1784
- Governor-General: Warren Hastings
- Key Provisions:
- Separated commercial and political functions of the Company.
- Dual Government:
- Board of Control: Managed political affairs, supervised civil and military operations.
- Court of Directors: Oversaw commercial affairs.
- First referred to Company territories as 'British possessions in India', granting British Government supreme control.
Charter Act of 1793
- Governor-General: John Shore
- Key Provisions:
- Extended overriding powers granted to Lord Cornwallis to future Governors-Generals.
- Enhanced Governor-General's control over Bombay and Madras Presidencies.
- Extended the Company's monopoly in India for an additional twenty years.
Charter Act of 1813
- Governor-General: Lord Minto I
- Key Provisions:
- Ended the trade monopoly of the East India Company, allowing all British merchants to trade in India.
- Asserted British Crown sovereignty over Company territories.
- Extended the Company's rule for another 20 years.
- Allowed Christian missionaries to promote moral and religious improvements in India.
- Mandated an annual investment of Rs. 1 Lakh in Indian education.
Charter Act of 1833
- Governor-General: William Bentinck
- Key Provisions:
- Marked the final step towards centralization in British India, giving it an All-India character.
- East India Company became an administrative body, holding territories "in trust for His Majesty".
- Ended the Company's monopoly on trade with China and in tea.
- Designated the Governor-General of Bengal as the "Governor-General of India".
- Transferred legislative powers from Bombay and Madras to the Governor-General of India.
- Proposed an open competition system for civil servant selection.
- Established the Indian Law Commission (1834) for legal codification, chaired by Lord Macaulay.
Charter Act of 1853
- Governor-General: Lord Dalhousie
- Key Provisions:
- The last in a series of Charter Acts (1793-1853).
- Separated legislative and executive functions of the Governor-General's council.
- Introduced local representation in the Indian Legislative Council.
- Reduced the Board of Directors from 24 to 18, with 6 nominated by the British Crown.
- Implemented an open competition system for civil service recruitment, allowing Indian participation.
- The Macaulay Committee was appointed in 1854.
📝 UPSC Key Points — Company Rule:
- Regulating Act 1773: First British regulation; Supreme Court in Calcutta (1774)
- Pitt's India Act 1784: Dual Government — Board of Control + Court of Directors
- Charter Act 1833: Governor-General of India; Indian Law Commission (Lord Macaulay)
- Charter Act 1853: Separated legislative and executive functions; open competition for civil services
3. Crown Rule (1858-1947)
Government of India Act, 1858
- Viceroy: Lord Canning
- Key Provisions:
- Abolition of the East India Company: Powers transferred to the British Crown.
- Viceroy of India: Governor-General became the Viceroy, with Lord Canning as the first appointee.
- End of Double Government: Abolished the Board of Control and Court of Directors.
- Established the Secretary of State for India, a British Cabinet member accountable to Parliament.
- Created an advisory Council of 15-members to assist the Secretary.
Indian Councils Act, 1861
- Viceroy: Lord Canning
- Key Provisions:
- The Viceroy could nominate Indians as non-official members of his council.
- Restored legislative powers of Bombay and Madras, initiating decentralisation.
- Established New Legislative Councils for Bengal (1862), NW Province (1886), and Punjab (1897).
- Enabled the Viceroy to issue Ordinances (valid for 6 months) without council consent.
- Introduced the Portfolio system, allowing council members to independently manage departments.
Indian Councils Act, 1892
- Viceroy: Lord Lansdowne
- Key Provisions:
- Increased non-official representation in Central and Provincial Legislative Councils.
- Legislative Councils gained powers to discuss budgets and address questions to the Executive.
- Introduced indirect elections for nominated members.
Indian Councils Act, 1909 (Morley-Minto Reforms)
- Viceroy: Lord Minto II
- Key Provisions:
- Legislative Council membership increased from 16 to 60.
- Provincial Councils allowed non-official majority.
- Members could ask supplementary questions and propose budget resolutions.
- Separate Electorate: Muslims could vote only for Muslim candidates, legalizing communalism. Lord Minto became known as "Father of Communal Electorate".
- First Indian, Satyendra Prasad Sinha, appointed to the Viceroy's Executive Council as law member.
Government of India Act, 1919 (Montagu-Chelmsford Reforms)
- Viceroy: Lord Chelmsford
- Key Provisions:
- Objective: Gradually introduce a Responsible Government in India.
- Dyarchy: Introduced dual governance in provincial subjects:
- Reserved Subjects: Governed by the Governor-General and his Executive Council, not accountable to the Legislative Council. (UPSC 2022)
- Transferred Subjects: Managed with legislative council oversight. (UPSC 2022)
- Replaced the Indian Legislative Council with a Bicameral Legislature — Council of State (Upper) and Legislative Assembly (Lower).
- Extended separate electorates for Sikhs, Indian Christians, Anglo-Indians, and Europeans.
- Separated the Provincial Budget from the Central Budget.
- Established High Commissioner for India in London.
- Central Public Service Commission created in 1926.
- Chamber of Princes (Narendra Mandal) formed in 1921.
Government of India Act, 1935
- Viceroy: Lord Willingdon
- Key Provisions:
- Aimed to establish an All-India Federation with provinces and princely states, but failed due to non-participation from princely states. (UPSC 2024)
- Powers divided into three lists: Federal (59 items), Provincial (54 items), and Concurrent (36 items), with residual powers assigned to the Viceroy. (UPSC 2012)
- Introduced provincial autonomy and dyarchy at the centre.
- Established bicameralism in six provinces.
- Introduced separate electorate for depressed classes (Scheduled Castes), women, and labourers.
- Extended franchise to 14% of the population.
- Created the Reserve Bank of India.
- Established Federal Court in 1937.
- Burma was separated from India; two new provinces, Orissa and Sind, were created.
Indian Independence Act, 1947
- Viceroy: Lord Mountbatten
- Key Provisions:
- Partition Plan: Presented on June 3, 1947; accepted by Congress and Muslim League; India's independence on August 15, 1947.
- Created two independent dominions — India and Pakistan.
- Abolished the office of Viceroy; introduced a Governor-General for each dominion.
- Constituent Assemblies empowered to create constitutions and repeal British laws.
- Secretary of State for India's role abolished.
- British paramountcy over princely states lapsed.
- Lord Mountbatten became the first Governor-General of India.
📝 UPSC Key Points — Crown Rule:
- Government of India Act 1858: End of Company rule; Viceroy system began
- Indian Councils Act 1909: Separate electorate for Muslims; Morley-Minto Reforms
- Government of India Act 1919: Dyarchy; Bicameral Legislature; Public Service Commission — UPSC 2022
- Government of India Act 1935: All-India Federation (failed); 3 lists — UPSC 2024, 2012
- Indian Independence Act 1947: Partition; Lord Mountbatten first Governor-General
4. Simon Commission & Poona Pact
Simon Commission (1927)
- Composition: Seven-member statutory commission led by Sir John Simon, composed entirely of British members.
- Key Proposals (1930):
- Abolishment of Dyarchy
- Expansion of Responsible Government in provinces
- Creation of a Federation of British India and princely states
- Maintenance of Communal Electorate
Communal Award (1932)
- Proposed by Prime Minister Ramsay MacDonald to ensure minority representation.
- Separate Electorates for Muslims, Sikhs, Indian Christians, Anglo-Indians, Europeans, and extended to the depressed classes (Scheduled Castes).
- Gandhi's Opposition: Opposed separate electorates for the depressed classes, leading to a fast in Yerawada Jail.
Poona Pact (1932)
- Agreement between Congress and Dr. B.R. Ambedkar.
- Preserved Hindu joint electorate & reserved seats for the depressed classes.
- The British Government accepted the Poona Pact, eliminating separate electorates for the depressed classes.
5. First Cabinet After Independence
| No. | Member | Portfolio |
|---|---|---|
| 1 | Jawaharlal Nehru | Prime Minister; External Affairs; Scientific Research |
| 2 | Sardar Vallabhbhai Patel | Home, Information and Broadcasting; States |
| 3 | Dr. Rajendra Prasad | Food and Agriculture |
| 4 | Maulana Abul Kalam Azad | Education |
| 5 | Dr. B.R. Ambedkar | Law |
| 6 | Sardar Baldev Singh | Defence |
| 7 | Dr. Shyama Prasad Mukherjee | Industries and Supplies |
6. Summary: Historical Background at a Glance
| Act | Year | Key Feature | UPSC Year |
|---|---|---|---|
| Regulating Act | 1773 | First British regulation; Supreme Court in Calcutta | — |
| Pitt's India Act | 1784 | Dual Government (Board of Control + Court of Directors) | — |
| Charter Act | 1833 | Governor-General of India; Indian Law Commission | — |
| Government of India Act | 1858 | End of Company rule; Viceroy system | — |
| Indian Councils Act | 1909 | Morley-Minto Reforms; Separate Electorate for Muslims | — |
| Government of India Act | 1919 | Dyarchy; Bicameral Legislature; Public Service Commission | 2022 |
| Government of India Act | 1935 | All-India Federation (failed); 3 lists; RBI; Federal Court | 2024, 2012 |
| Indian Independence Act | 1947 | Partition; Lord Mountbatten first Governor-General | — |
Key Takeaways for UPSC
- Company Rule: 1773-1858 — Regulating Act (1773), Pitt's India Act (1784), Charter Acts (1813, 1833, 1853)
- Crown Rule: 1858-1947 — Government of India Act 1858, Indian Councils Acts (1861, 1892, 1909), Government of India Act 1919, Government of India Act 1935, Indian Independence Act 1947
- Government of India Act 1919: Dyarchy (Reserved & Transferred subjects) — UPSC 2022
- Government of India Act 1935: 3 lists (Federal, Provincial, Concurrent) — UPSC 2012; All-India Federation failed — UPSC 2024
High-Yield Interactive UPSC Quiz (Historical Background)
Q1. The Regulating Act of 1773 established the Supreme Court in which city?
Correct Answer: C. The Regulating Act of 1773 established the Supreme Court in Calcutta in 1774. It marked the beginning of British control over East India Company's affairs.
Q2. Pitt's India Act of 1784 introduced which system?
Correct Answer: B. Pitt's India Act of 1784 introduced the Dual Government system — Board of Control (political affairs) and Court of Directors (commercial affairs).
Q3. The Charter Act of 1833 designated the Governor-General of Bengal as:
Correct Answer: B. The Charter Act of 1833 designated the Governor-General of Bengal as the "Governor-General of India". Lord William Bentinck was the first appointee.
Q4. Which Act separated the legislative and executive functions of the Governor-General's council?
Correct Answer: B. The Charter Act of 1853 separated the legislative and executive functions of the Governor-General's council. It also introduced local representation in the Indian Legislative Council.
Q5. The Government of India Act, 1858 abolished which institution?
Correct Answer: B. The Government of India Act, 1858 abolished the East India Company and transferred its powers to the British Crown. The Governor-General became the Viceroy of India.
Q6. The Indian Councils Act of 1909 is also known as:
Correct Answer: B. The Indian Councils Act of 1909 is also known as the Morley-Minto Reforms. It introduced separate electorates for Muslims, with Lord Minto becoming the "Father of Communal Electorate".
Q7. Under the Government of India Act, 1919, which subjects were governed by the Governor-General and his Executive Council?
Correct Answer: B. Under the Government of India Act, 1919, Reserved Subjects were governed by the Governor-General and his Executive Council, not accountable to the Legislative Council. (UPSC 2022)
Q8. The Government of India Act, 1935 divided powers into how many lists?
Correct Answer: B. The Government of India Act, 1935 divided powers into three lists: Federal (59 items), Provincial (54 items), and Concurrent (36 items). Residual powers were assigned to the Viceroy. (UPSC 2012)
Q9. The All-India Federation proposed under the Government of India Act, 1935 failed due to:
Correct Answer: B. The All-India Federation proposed under the Government of India Act, 1935 failed due to non-participation from princely states. (UPSC 2024)
Q10. The Poona Pact of 1932 was signed between Congress and:
Correct Answer: B. The Poona Pact of 1932 was signed between Congress and Dr. B.R. Ambedkar. It preserved Hindu joint electorate and reserved seats for the depressed classes, ending separate electorates for them.