Constitutional Development and Acts under British Rule

The British constitutional acts are a near-certain CDS-OTA subject. Each Act bundles together several institutional firsts (e.g. 1909 - communal electorates and Indian Councils; 1919 - dyarchy and bicameralism; 1935 - federation that never came). The grounding (921 questions) is one of the densest.

Early Charter and Regulating Acts

Act	Key features
Regulating Act 1773	First parliamentary control over EIC. Governor of Bengal (Warren Hastings) became Governor-General of Bengal. Executive Council of four. Supreme Court at Calcutta (1774, Sir Elijah Impey). EIC bound to report financial accounts
Pitt's India Act 1784	Dual government — Court of Directors (commerce) and Board of Control (political). Six commissioners on Board, headed by a Cabinet Minister
Charter Act 1793	Renewed Company charter for 20 years
Charter Act 1813	Ended Company's commercial monopoly in India (kept tea + China). Allowed Christian missionaries. Rs 1 lakh for education each year
Charter Act 1833	Governor-General of Bengal → Governor-General of India (William Bentinck first). Centralised legislative power. Indian Law Commission (Macaulay) — IPC drafted 1837. Ended Company's commercial functions altogether
Charter Act 1853	Indian Legislative Council with 12 members (six new "legislative") — embryonic legislature. Open competition for civil service (notified 1855). Renewal of Company without time limit, "as long as Parliament permits"

Government of India Act 1858

• Trigger: 1857 Revolt.
• End of Company rule: Crown assumed direct administration. Government of India Act 1858 - For the Better Government of India.
• Secretary of State for India created (in London) — first holder Lord Stanley. Assisted by 15-member Council of India.
• Governor-General also Viceroy — first Viceroy Lord Canning.
• Queen Victoria's Proclamation (1 November 1858, Allahabad) — promised no further annexation, religious neutrality, equal opportunity in services. "Magna Carta of Indian Liberty" — but largely unkept.

Indian Councils Acts

• Indian Councils Act 1861:
  • Decentralisation - restored Bombay and Madras legislative councils.
  • Introduced non-official Indian members nominated to the Imperial Legislative Council (first - Raja of Banaras, Maharaja of Patiala, Sir Dinkar Rao).
  • Portfolio system formalised (Lord Canning).
• Indian Councils Act 1892:
  • Increased size of legislative councils.
  • Introduced "indirect election" via nomination from local bodies and universities.
  • Members got right to discuss budget and ask questions (not supplementaries).
• Morley-Minto Reforms - Indian Councils Act 1909:
  • Increased Council membership (Imperial - 60; provincial - varying).
  • Introduced separate electorates for Muslims — communal electorate.
  • Members could ask supplementary questions and move resolutions on budget.
  • Indian appointed to Viceroy's Executive Council (Satyendra Sinha, 1909).
  • Same Act gave Indian members in Secretary of State's Council (KG Gupta, S Sinha).

Government of India Act 1919 (Montagu-Chelmsford Reforms)

• Montagu Declaration (20 August 1917): Promised "gradual development of self-governing institutions" — first commitment to responsible government.
• Salient features:
  • Dyarchy in provinces: Provincial subjects split into Transferred (education, health, agriculture, local government — administered by ministers from elected legislature) and Reserved (finance, police, justice — by Governor and Executive Council).
  • Bicameral central legislature: Central Legislative Assembly (lower, 145 members) and Council of State (upper, 60 members).
  • Indianisation extended — three Indians on Viceroy's Executive Council.
  • Limited franchise based on property; ~10% of adult males could vote.
  • Separate electorates extended to Sikhs, Anglo-Indians, Christians, Europeans.
  • Public Service Commission established (1926 — first Chairman Sir Ross Barker).
  • Statutory commission every 10 years to review.

Simon Commission and Round Table Conferences

• Simon Commission (Nov 1927-1930): Seven-member all-white commission to review the 1919 Act. Boycotted by INC ("Simon Go Back"). Lala Lajpat Rai struck during Lahore protest, died Nov 1928. Submitted report May 1930.
• Three Round Table Conferences in London:
  • First RTC (Nov 1930 - Jan 1931): Congress boycotted (Civil Disobedience on). Princes accepted federal idea; Muslim League under Aga Khan and Jinnah; Hindu Mahasabha; Ambedkar (Depressed Classes).
  • Second RTC (Sep-Dec 1931): Gandhi attended as sole Congress representative after Gandhi-Irwin Pact. Stalemate on minorities. Communal Award (Aug 1932 by MacDonald) followed - separate electorates for depressed classes.
  • Third RTC (Nov-Dec 1932): Congress absent; thin attendance. Led to the White Paper (1933) and 1935 Act.
• Poona Pact (24 Sep 1932): Between Gandhi (fasting in Yerawada) and Ambedkar - replaced separate electorates with reserved seats (148 instead of 71) within general electorate for depressed classes.

Government of India Act 1935

• Largest pre-independence statute (321 sections, 10 schedules). Provided main framework for the Indian Constitution.
• All-India Federation: Provinces and Princely States. Federation never came into being — Princes did not accede.
• Provincial autonomy: Ended dyarchy in provinces. Governors were constitutional heads with some "discretionary" powers. Cabinet ministers responsible to provincial legislatures. Elections held 1937 - Congress won 8 of 11 provinces.
• Dyarchy at the Centre: Federal subjects split into reserved (defence, ecclesiastical, external affairs, tribal areas — under Viceroy) and transferred. Never operationalised.
• Bicameral central legislature for federation - Council of State (260) and Federal Assembly (375).
• Federal Court at Delhi (1937, first Chief Justice Maurice Gwyer) — predecessor of Supreme Court.
• Three lists: Federal, Provincial, Concurrent (continued in modern Constitution).
• Reserve Bank of India founded (1935) under separate RBI Act 1934.
• Extended separate electorates to depressed classes, women and labour.
• Burma separated from India (1937); Aden separated (1937).

Indian Independence Act 1947 and Cabinet Mission

• Cripps Mission (March 1942): Offered Dominion Status post-war, right to secede; Gandhi called it "a post-dated cheque on a crashing bank". Rejected.
• Cabinet Mission (March-June 1946): Pethick-Lawrence (Sec of State), Stafford Cripps, A.V. Alexander. Plan rejected Pakistan but proposed three-group federation; provincial elections; Constituent Assembly. Both Congress and League initially accepted, then Direct Action Day (16 Aug 1946) killings ended the consensus.
• Mountbatten Plan (3 June 1947): Partition. Boundary Commission under Sir Cyril Radcliffe. Bengal and Punjab divided.
• Indian Independence Act 1947 (passed Westminster 18 July 1947, royal assent 18 July, effective 15 August):
  • Created two Dominions - India and Pakistan.
  • Constituent Assemblies became sovereign legislatures.
  • Princely States lapsed - choice to join India, Pakistan or remain independent.
  • Ended Crown's paramountcy.
• Constituent Assembly first met 9 December 1946 (Sachchidanand Sinha temporary chairman, Rajendra Prasad permanent). Drafting Committee under Dr B.R. Ambedkar. Constitution adopted 26 November 1949; effective 26 January 1950.

CDS/OTA PYQ Examples

Frequently Asked Questions

Why is the Charter Act 1833 important?

It made the Governor-General of Bengal the Governor-General of India (first - William Bentinck), centralised legislative authority for the whole country, ended the East India Company's commercial functions, and constituted the Indian Law Commission under Macaulay that drafted the Indian Penal Code.

What was dyarchy under the 1919 Act?

Provincial subjects were divided into Transferred (administered by ministers responsible to the legislature - education, health, agriculture, local government) and Reserved (administered by the Governor and Executive Council - finance, police, justice). This was the first experiment in responsible government in India.

Why did the 1935 federation fail?

The federation required accession of states comprising at least half the population of princely India. The princes, fearing loss of autonomy and Hindu majoritarianism, refused to accede in sufficient numbers. The federal provisions of the 1935 Act therefore never came into force, though the provincial provisions did.

What was the Communal Award and Poona Pact?

Communal Award (Aug 1932, Ramsay MacDonald) extended separate electorates to depressed classes among others. Gandhi opposed it as it would split Hindu society. After his fast at Yerawada, the Poona Pact (24 Sept 1932) between Gandhi and Ambedkar replaced separate electorates for depressed classes with reserved seats (148) within the general Hindu electorate.

How does the 1935 Act influence the Constitution?

Federal structure with three lists (Union, State, Concurrent); office of Governor; emergency provisions; Federal Court (became Supreme Court); much of the administrative machinery; many sections were borrowed verbatim. The Constituent Assembly itself was operating in the framework of the 1935 Act until 26 January 1950.

Related Topics

CDS/OTA HistoryEarly Phase National Movement CDS/OTA HistoryGandhian Phase CDS/OTA HistoryBritish Land Revenue CDS/OTA HistoryReform Movements CDS/OTAHistory — Full Syllabus