01.Historical background

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Introduction

  • Idea of our constitution is given by MN Roy
  • MN Roy is called pioneer of communist movement in India
  • Indian constitution and policy have their root in British rule

The Company Rule(1773-1857)

These events have greatly influenced our constitution and polity

The Regulating Act,1773

  • Passed by British parliament
  • To Regulate and control the affairs of east India company by British govt.
  • It recognised first time political and administrative function of the company
  • It designated the Governor general of Bengal as Governor General of British India & Warren Hastings was the first Governor General of Bengal
  • Subordinate Governor General of Bengal was made Governor of Bombay and Madras
  • In 1774 Supreme court established in Calcutta
  • It prohibited the servants of the to engage any private trade from native

Pitts India Act,1784 

  • It is also known act of settlement
  • It distinguished between the commercial and Political of the company
  • It made Board of Control having 6 member(2 from cabinet and remaining from Privy Council)
  • Set-up to supervise the Affairs of the company in India

Charter Act 1793

  • Salary for the member of Board of Control to be paid by Indian Revenue

Charter Act,1813

  • Ended east India Company Monopoly of trade.The Company monopoly trade with China
  • Provided 1 lakh rupee for education in India
  • Allow Christian Missionary to entry in India

Charter Act,1833

  • This Act was the final setup towards Centralisation in British India
  • The Governor General of Bengal was to be Governor general of India.First such Governor was William Bentick
  • All legislative,administrative and financial power were handed over to Governor General in the Council.Bombay and Madras were deprive of their legislative powers
  • It ended East India Company as a commercial body which become purely Administrative.
  • A fourth member was added as a law member in Governor General Council
  • A law commission under Lord Macauly was constituted for codification of law

Charter Act,1853

  • Separate Governor for Bengal was to be appointed
  • Executive separate from legislative
  • Recruitment of Company’s employee through competitive exam excluding Indians
  • It extended the company rule and allow it to retain the possession of Indian territories for the British crown without specifying any particular period
  • It introduced for the first time Local representation in Indian Legislative Council

The Crown Rule (1857-1947)

The significant Rule was enacted in the wake of Revolt of 1857

Government of India Act,1858 

  • Power of Board of control and court of director was ended and the post of secretary of state was constituted
  • The power was transferred from East India Company to British Crown
  • Abolished dual system of government
  • Unitary,Rigid and Centralised administrative structure was constituted
  • The Governor General was made the Viceroy of India . first such Viceroy was Lord Canning

Indian Council Act,1861

  • All council act was important for constitutional and political history of india
  • A fifth member was added from legal background to the viceroy executive council,some Indians was nominate as non-official member and in 1862 three Indian were nominated.
  • The executive council was now to be called the Central legislative Councol
  • Portfolio system which was introduced by Lord Canning in1859

Indian Council Act,1892

  • It increased non-official member in Central and provincial legislative council and their function and maintain official majority
  • It brought discussion of budget

Indian Council Act,1909

  • Also known as Morley Minto Reforms
  • Morley and Minto announced some reforms in British Parliament
  • Member of Legislative Council could ask supplementary question,discuss bills etc.
  • Communal representation was introduced
  • Satyandra Prasad Sinha become the first Indian to join viceroy’s executive council
  • Increased the size of central and provincial Legislative Council

Government of India Act,1919

  • Also known as Montague-Chelmsford Report
  • Montague and Chelmsford prepared report to introduced self governing institute in India
  • Relaxed the Central control over provinces by separating the Central Provincial subject
  • Power of secretary of state was reduced
  • Direct election was introduced
  • Bicameral Legislature was introduced
  • Dyarchy System was introduced in the provinces.

Government of India Act 1935

  • Dyarchy was abolished in province but introduced in Federal level
  • All India Federation was established
  • RBI was established
  • setup Federal Public service commission and provincial public service commission

 

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