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Constitutional Development of India: East India Company & the Crown Rule

Last Updated on Mar 13, 2025
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The Constitutional development of India is a dynamic and complex process, having its origins from several centuries back. It begins from the rule of the East India Company and British Crown to forming an independent democratic Republic of India. It is a historical journey of several important acts, charters, reforms, and deliberations that have shaped the political, administrative, and legal landscape of the nation.

The topic of constitutional development of India is extremely relevant for aspirants preparing for the UPSC Civil Services Examination. It mainly falls under the General Studies Paper II, which covers Polity, Governance, and Constitutions of India and International Relations.

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Impact of various acts on the administrative setup of British India

About the Constitutional Development of India

The constitutional development of India is a comprehensive process that transitions from the early colonial administrative frameworks to the establishment of an independent democratic republic. This journey covers the significant milestones beginning with the East India Company with the Regulating Act of 1773, through several reforms and acts, such as the Government of India Acts and Indian Councils Acts, that eventually led to greater native representation in governance. It then proceeded with landmark events during the British Crown rule, such as the establishment of provincial autonomy through the Government of India Act of 1935 and the ultimate transfer of power through the Indian Independence Act of 1947. All these legislative and constitutional reforms had laid down basic principles and governmental structures that led to the birth of the modern Indian Constitution in 1950, incorporating democratic values, federalism, and universal franchise to create a legal system that epitomized a sovereign, socialist, secular, and democratic republic.

Read the article on the Historical Background of the Constitution of India!

Constitutional Development Under the East India Company (1765-1857)

Constitutional development of India under the East India Company period was the laying of the foundation of administrative and legal governance.

Dual System of Government (1765-1772)

The Dual System of Government was initiated in Bengal by Robert Clive in 1765. Here, the East India Company was authorized to collect the revenues in Bengal, Bihar, and Orissa but the administrative powers were retained by Indian nominal rulers. This persisted till 1772 when rampant corruption and inefficiency eventually led to the abrogation of this system by Warren Hastings.

Regulating Act of 1773

The Regulating Act of 1773 was the first parliamentary statute aimed at regulating the affairs of the East India Company in India. It was a starting point for parliamentary control over the Indian administration of the Company, thereby laying the foundation for centralized governance in India. Major provisions included the establishment of a Governor-General of Bengal and a four-member council to assist him. Warren Hastings was the first Governor-General under this Act. This established checks and balances among the company's officers in order to reduce their fraud.

Amendments Act of 1781

The Amending Act of 1781, referred to as the Declaratory Act, was passed so as to modify the flaws seen in the passage of the Regulating Act of 1773. This defined how the Governor General along with the council should enjoy power, defines the jurisdiction for the Supreme Court in Calcutta, along with trying to set a definition for the bounds of the judicature versus the executive powers.

Pitt's India Act of 1784

The Pitt's India Act of 1784 was introduced by the British Prime Minister William Pitt the Younger. It aimed to provide a more stringent control over the administration of Indian territories. The Act established a Board of Control to oversee the civil, military, and revenue affairs of the Company, in alignment with the British government's policies. It distinguished between the Company's commercial functions and political activities.

The Act of 1786

Over a course of time administrative loopholes began to surface before the Act 1786 and it allowed that Lord Cornwallis be appointed the Governor-General as well as give him authority on matters that gave him power even to supersede the decision passed by his own council. Thereby this gave a strong backhand for establishing centralization rule and control executive.

The Charter Act of 1793

The Charter Act of 1793 renewed the Company's commercial privileges and reaffirmed future extension of British control over Indian territories. The Act also expanded the powers of the Governor-General and his council, providing for their better functioning.

The Charter Act of 1813

The Charter Act of 1813 was an important milestone because it marked the end to the monopoly of trade with India by the Company, except for the trade in tea and trade with China. This therefore opened Indian markets to free competition and British merchants. The Act also ensured missionary activities in India, thereby making way for social and educational reforms.

The Charter Act of 1833

The Charter Act of 1833 is a landmark in the constitutional history of India. It transformed the Governor-General of Bengal into the Governor-General of India, making Lord William Bentinck the first Governor-General of India. The Act centralized the administration, vested legislative powers solely in the Governor-General in Council, and introduced the law commission which eventually led to the codification of laws.

The Charter Act of 1853

The Charter Act of 1853 was significant because it was the last charter act passed by the British Parliament. The Act separated the legislative and executive functions of the Governor-General's council. It also introduced open competition for the recruitment of civil servants, thereby ending the patronage-based appointment system.

Read the article on the Making of the Indian Constitution!

Constitutional Development of India Under the Crown Rule (1858-1947)

Transfer of power from the East India Company to the British Crown was an important phase in the constitutional evolution of India. It opened up the way for more structured and systematic administrative and legislative reforms.

Government of India Act of 1858

The Government of India Act 1858, popularly known as the Act for the Better Government of India, was enacted in the aftermath of the Revolt of 1857. This act ended the Company rule and began direct crown administration in India. It established the office of the Secretary of State for India, who was given vast powers of control. The Act also formed the Council of India to aid the Secretary of State.

Indian Council Act of 1861

This act, the Indian Council Act of 1861, was crucial in initiating the process of Indians being included in the governance of their country. The Indians now had representation in this council, thanks to it being augmented and expanded to include non-official members. It gave the presidencies of Bombay and Madras legislative powers back, which marked the start of the legislative decentralization.

Indian Council Act of 1892

It gave an increased representation in the legislative councils to Indians in the Indian Council Act of 1892. The Act recommended no direct election but allowed for the nomination of Indian members of the councils. It also gave a wider discussion on the budget and allowed putting questions on any matter of public interest.

Indian Councils Act, 1909 – Morley-Minto Reforms

The Indian Councils Act of 1909, also known as the Morley-Minto Reforms, was introduced by John Morley and Lord Minto. It was one of the most important steps taken in the political evolution of India. It granted Indian representation to the legislative councils for the first time, but on a limited franchise. The act also launched separate electorates for Muslims; it seeded communal representation.

Government of India Act, 1919 – Montagu-Chelmsford Reforms

The Government of India Act of 1919, more commonly referred to as the Montagu-Chelmsford Reforms, was directed toward gradual enhancement of Indian participation in the administration. An aspect of the Act, for example, was the introduction of dyarchy in the provincial governments; it divided subjects into reserved and transferred lists. The transferred subjects were administered by Indian ministers responsible to the legislative council whereas the reserved subjects were the management of the governor and his executive. This Act resulted in the formation of bicameral legislatures at the center.

Government of India Act 1935

The Government of India Act 1935 was one of the most comprehensive constitutional documents enacted before independence. It initiated the concept of an All-India Federation in one form or the other and brought about provincial autonomy. The dyarchy at the provinces was abolished, and executive responsibility for provincial legislatures was provided for. It also brought in the federal court and held the residuary powers for the states. Although the federation of this Act did not take shape, it did provide a firm foundation for future constitutional changes.

Cripps Mission – 1942

The Cripps Mission in 1942 was an attempt by the British government to garner Indian cooperation in World War II. Sir Stafford Cripps headed the mission, which presented a plan in which India was to be given dominion status after the war. The proposed plan was that a constituent assembly should frame a new constitution for the country but was rejected by Indian leaders on various grounds such as no full independence and disputed defense issues.

Cabinet Mission – 1946

The Cabinet Mission Plan of 1946 was a landmark in India's constitutional development. The mission, headed by Lord Pethick-Lawrence, Sir Stafford Cripps, and A.V. Alexander, recommended the formation of a constituent assembly to draft a new constitution. It recommended a federal form of government with a weak center and considerable autonomy to provinces, allowing for groupings of provinces. The plan also recommended a three-tier executive structure. Although it was not put into effect wholly, it had led to the constituent assembly developing the framework of India's Constitution.

Mountbatten Plan-Indian Independence Act-1947

The Mountbatten Plan was released by Lord Mountbatten, which provided for the partitioning of India into two dominions: India and Pakistan. It provided for the steps of transfer of power and the boundary commissions for demarcation of boundaries. This plan was adopted in the Indian Independence Act of 1947 passed by the British Parliament. The Act declared Indian independence and the partition of India. Since it was a culmination of the process of constitutional development it led to the making of the Constitution of India.

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Constitutional Development of India UPSC FAQs

The causes include the demand for greater self-governance, response to colonial exploitation, influence of global democratic principles, and the desire to create a unified nation-state with social, economic, and political justice for all citizens.

It is the Constitution of India that established India as a sovereign, socialist, secular, and democratic republic and this was coupled with provisions that speak of the basic rights, structure of the government, and division of powers between the Center and States. It also adumbrates the principle of justice, liberty, equality, and fraternity.

The Charter Acts were a step towards centralizing administration, introducing legislative changes, and opening Indian markets and governance to wider participation and reforms.

The Government of India Acts, especially those of 1919 and 1935, introduced major administrative, legislative, and provincial reforms that laid the foundation for federal governance and established principles used in the crafting of the Indian Constitution.

The constitutional development of India referred to the historic journey of legal and administrative development from the days of colonial rule to the emergence of India into an independent, sovereign, socialistic republic through numerous legislations and reforms shaping its political and governmental structures.

Between 1909 and 1935, constitutional development included the Morley-Minto Reforms (1909), Montagu-Chelmsford Reforms (1919), and the Government of India Act (1935). These acts gradually enhanced Indian participation in government and prepared the groundwork for provincial autonomy and a federal structure.

The Indian Constitution was developed by the Constituent Assembly of India, elected representatives. It was prepared with the efforts of the Chairman of the Drafting Committee, Dr. B.R. Ambedkar.

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