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Evolution of the Indian Constitution : Historical Background (Part - 3)

Evolution of the Indian Constitution : Historical Background (Part - 3)

We will understand the material related to the development of the Indian Constitution in the following four parts, whose links are as follows –

  2. Evolution of the Indian Constitution : Historical Background (Part - 2)
  4. Evolution of the Indian Constitution : Historical Background (Part - 4)

We can divide the development of the Indian Constitution mainly into two categories –

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B. Acts Passed Under The British Crown (1857  – 1947 )

After the Military Mutiny of 1857 AD (also known as India's First War of Independence or Sepoy Mutiny), the Company's rule passed into the hands of the British Crown. Thus, for the time period from 1857 AD to 1947 AD, Acts were passed by the British Crown.

1. Government of India Act, 1858

  • Through this act, the governance of India was handed over from the hands of the Company to the British Crown (Queen Victoria).
  • The direct control of the British Parliament on Indian affairs was established.
  • The post of Mughal ruler was also abolished.
  • The designation of the Governor General was changed to Viceroy. Thus the then Governor General Lord Canning became the last Governor General of India and the first Viceroy of India.
  • The Board of Directors and the Board of Control created under the Pitt's India Act, 1784 were abolished.
  • For the governance of India, the 'Secretary of State for India' was appointed as a member in the British Cabinet, who was responsible to the British Parliament for his actions. His sentence was final.
  • A 15-member council was formed to assist the Secretary of India, which was an advisory committee. In this 15 member committee, 8 members were elected from the British Government and 7 members were elected by the Board of Directors of the company.
The main objective of the Government of India Act, 1858 was to improve the administrative system, through which the superintendence and control of the Indian government in England could be done. It did not make any special change in the prevailing system of governance in India.

2. Indian Councils Act, 1861

After the great revolution of 1857 AD, the British rule realized that it is necessary to take the cooperation of Indians to run the rule in India. For this reason, the Act of 1861 holds an important place in the history of the development of the Indian Constitution.

  • It gave the right to involve Indians in the law making process. Under this, the Viceroy's Executive Council was expanded and the power was given to nominate non-official members in the expanded council. The Raja of Banaras, the Maharaja of Patiala and Sir Dinkar Rao were nominated as members of the Legislative Council by the Act of 1861.
  • The Viceroy was given the power to issue ordinances in emergency without the recommendation of the Council. The duration of the ordinance issued was only for six months.
  • This started the process of decentralization of powers. By this act, legislative powers were restored to Bombay and Madras Presidency. Thus it reversed the process of centralization started by the Regulating Act of 1773. Due to this, by 1937 the provinces got complete internal autonomy.
  • By this, Legislative Councils were formed in Bengal in 1862, North-West Frontier Province in 1866 and Punjab in 1897.
  • The Viceroy was given the powers to make more rules and orders for the conduct of business. Under this, the portfolio system started by Lord Canning was also recognized. Under the portfolio system, a member of the Viceroy's Council could be put in charge of one or more government departments, and he had the right to pass final orders on behalf of the Council.

3. Act of 1873 

By this the East India Company could be dissolved at any time. The company was formally dissolved on 01 January 1884.

4. Imperial Titles Act, 1876

The sixth member was appointed in the Viceroy's executive. This sixth member was entrusted with the work of the Public Works Department.
On 28 April 1876, Queen Victoria was declared the Empress of India by a proclamation.

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