Constitutional Development (1773-1935) and the Governors-General

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Why these Acts matter

From 1773 the British Parliament steadily took control of the Company's government in India, and from 1858 it ruled India directly. Each Act added a piece, from central control and legislative councils to elections, provincial autonomy and federalism, and many features of the Constitution of India grew out of them, which is why both history and polity papers ask about them.

Acts of the Company era

The Regulating Act of 1773 was Parliament's first step to control the Company: the Governor of Bengal became the Governor-General of Bengal (Warren Hastings the first) with an executive council of four, Bombay and Madras were placed under him, and a Supreme Court was set up at Calcutta in 1774 with Elijah Impey as Chief Justice. Pitt's India Act of 1784 created a Board of Control for political affairs beside the Court of Directors for trade, a system of double government, and for the first time called the Company's territories British possessions in India. The Charter Act of 1813 ended the Company's trade monopoly in India, except in tea and trade with China, set aside one lakh rupees a year for education and let missionaries work in India. The Charter Act of 1833 made the Governor-General of Bengal the Governor-General of India (William Bentinck the first), gave him sole legislative power, and ended the Company's commercial role, making it a purely administrative body; Macaulay joined as Law Member and headed the first Law Commission. The Charter Act of 1853, the last, separated the legislative and executive functions of the Governor-General's council and opened the civil services to Indians through open competition.

Acts of the Crown era to 1909

The Act of 1858 transferred power to the Crown and created the Secretary of State for India. The Indian Councils Act of 1861 let the Viceroy nominate Indians as non-official members of his legislative council (Canning nominated the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao), restored legislative powers to Bombay and Madras, recognised Canning's portfolio system and allowed the Viceroy to issue ordinances in an emergency. The Indian Councils Act of 1892 increased the non-official members, introduced indirect election in all but name through bodies such as universities and municipalities, and let members discuss the budget and ask questions. The Indian Councils Act of 1909 enlarged the councils, allowed supplementary questions and resolutions, and introduced separate electorates for Muslims.

The Acts of 1919 and 1935

The Government of India Act 1919 separated central and provincial subjects, brought dyarchy to the provinces, created a bicameral central legislature, introduced direct elections on a limited franchise, required three of the six members of the Viceroy's Executive Council other than the Commander-in-Chief to be Indians, created a High Commissioner for India in London and provided for a public service commission, set up in 1926. The Government of India Act 1935 proposed an All-India Federation of provinces and princely states that never came into being, divided powers into Federal, Provincial and Concurrent lists, replaced provincial dyarchy with provincial autonomy (from 1937), proposed dyarchy at the centre, made six of the eleven provinces bicameral, extended separate electorates to the depressed classes, women and labour, provided for a Federal Court (1937) and public service commissions (the Reserve Bank of India itself was set up under a separate law, the RBI Act of 1934), abolished the Council of India and separated Burma from India.

Governors-General of the Company era

Warren Hastings ended dual government, fought the First Maratha and Second Mysore wars, backed William Jones's Asiatic Society of Bengal (1784) and was impeached in Britain. Cornwallis gave the Permanent Settlement and the Cornwallis Code (1793) and is called the father of the civil services in India. Wellesley imposed the Subsidiary Alliance and founded Fort William College (1800). Lord Hastings ended Maratha power. William Bentinck abolished sati, suppressed thugi and made English the medium of higher education after Macaulay's Minute (1835). Charles Metcalfe freed the press, and Ellenborough annexed Sindh (1843). Dalhousie applied the Doctrine of Lapse, annexed Punjab and Awadh, opened the first railway from Bombay to Thane (16 April 1853), started the telegraph and a modern postal system, and received Wood's Despatch on education (1854).

Viceroys under the Crown

Canning faced 1857, became the first Viceroy and saw universities founded at Calcutta, Bombay and Madras (1857) and the Indian Penal Code enacted (1860). Mayo began financial decentralisation and the first census (1872) and was assassinated in the Andamans. Lytton held the Delhi Durbar of 1877 and passed the Vernacular Press and Arms Acts (1878). Ripon, the father of local self-government (1882), repealed the Press Act, held the first synchronous census (1881), appointed the Hunter Commission on education and brought the Ilbert Bill. Dufferin saw the founding of the Congress, Lansdowne the Durand Line (1893), and Curzon the Universities Act and Ancient Monuments Act (1904) and the partition of Bengal. Then came Minto II (Morley-Minto reforms), Hardinge II (capital to Delhi, 1911), Chelmsford (dyarchy, Jallianwala Bagh), Reading (Chauri Chaura), Irwin (Dandi, Gandhi-Irwin Pact), Willingdon (Poona Pact), Linlithgow, the longest-serving Viceroy (August Offer, Quit India), Wavell (Shimla Conference, Cabinet Mission) and Mountbatten, the last Viceroy.

Key facts

Regulating Act 1773: Governor-General of Bengal (Warren Hastings), council of four, Supreme Court at Calcutta 1774 with Elijah Impey as Chief Justice.
Pitt's India Act 1784: Board of Control for political affairs and Court of Directors for trade, a system of double government.
Charter Acts: 1813 - trade monopoly ended except tea and China, one lakh rupees for education; 1833 - Governor-General of India (Bentinck), Company purely administrative; 1853 - open competition for the civil services.
Indian Councils Acts: 1861 - Indians nominated, portfolio system, ordinances; 1892 - indirect election, budget discussion; 1909 - separate electorates for Muslims.
Act of 1919: dyarchy in the provinces, bicameral centre, direct elections. Act of 1935: provincial autonomy, three lists, Federal Court, proposed federation, Burma separated.
Cornwallis - Permanent Settlement and Cornwallis Code 1793; Wellesley - Subsidiary Alliance, Fort William College 1800; Bentinck - sati abolished 1829, Macaulay's Minute 1835.
Dalhousie - Doctrine of Lapse, first railway Bombay to Thane on 16 April 1853, telegraph, Wood's Despatch 1854; Canning - first Viceroy, three universities 1857.
Mayo - first census 1872, assassinated in the Andamans; Lytton - Vernacular Press Act 1878; Ripon - local self-government 1882, first synchronous census 1881.
Curzon - partition of Bengal 1905; Hardinge II - shift of the capital to Delhi announced 1911; Linlithgow - longest-serving Viceroy; Mountbatten - last Viceroy and first Governor-General of free India.

Quick revision

Regulating Act 1773 (Hastings, Supreme Court 1774); Pitt's India Act 1784 (Board of Control); Charter Acts 1813 (monopoly ended), 1833 (Governor-General of India, Bentinck), 1853 (open civil service); Act of 1858; Councils Acts 1861, 1892, 1909; Act of 1919 - dyarchy; Act of 1935 - provincial autonomy; key rulers - Cornwallis, Wellesley, Bentinck, Dalhousie, Canning, Mayo, Lytton, Ripon, Curzon, Linlithgow, Mountbatten

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