PT11.7.1 · Modern India · UPSC Prelims History
Constitutional Reforms — Acts 1773 to 1947
From the Regulating Act to the Independence Act — every major constitutional Act of British India
Constitutional Acts: Quick Reference Table
| Year | Act | Most Tested Feature |
|---|---|---|
| 1773 | Regulating Act | Office of GG of Bengal; Supreme Court Calcutta 1774 |
| 1781 | Act of Settlement (Amending Act) | Cured Regulating Act defects |
| 1784 | Pitt's India Act | Board of Control (London); double government |
| 1793 | Charter Act | EIC monopoly extended 20 more years |
| 1813 | Charter Act 1813 | Ended EIC commercial monopoly (except tea, China); ₹1 lakh for education; missionaries allowed |
| 1833 | Charter Act 1833 | GG of Bengal → GG of India (Bentinck first); Law Member added (Macaulay first); legislative councils centralised; ended commercial functions of EIC |
| 1853 | Charter Act 1853 | Open ICS competitive examination; separate legislative wing |
| 1858 | Government of India Act 1858 | EIC abolished; Crown rule; Secretary of State; GG → Viceroy |
| 1861 | Indian Councils Act 1861 | Indians on the legislative council (3 nominated by Canning) |
| 1892 | Indian Councils Act 1892 | Limited election (indirect) |
| 1909 | Morley-Minto Reforms | Separate electorates for Muslims; SP Sinha first Indian on Viceroy's Executive Council |
| 1919 | Government of India Act 1919 | Diarchy at provinces; Bicameral central legislature; "Montagu-Chelmsford" |
| 1935 | Government of India Act 1935 | Provincial autonomy; Federation (never enacted); 3 lists; longest UK Parl Act |
| 1947 | Indian Independence Act 1947 | Two dominions; Crown's "Emperor of India" title abolished from 22 June 1948 |
The Regulating Act 1773
Background
The Regulating Act was the FIRST British Parliamentary intervention in the East India Company's Indian administration. The triggers:
- Rampant Company servants' corruption — fortunes made through abuse of dastaks (free-trade passes).
- The Bengal Famine of 1770 — 10 million dead — and the Company's continued tax extraction.
- Company's near-bankruptcy by 1772; sought a £1.4 million loan from British Parliament.
- Public outrage at "Nabobs" returning to Britain with vast wealth.
PM Lord Frederick North introduced the Act, which received Royal Assent in June 1773.
Key Provisions
- Designated the Governor of Bengal as Governor-General of Bengal with a Council of 4 members. Warren Hastings (1773–85) was the first GG of Bengal.
- Subordinated Bombay and Madras Presidencies to Bengal.
- Established the Supreme Court at Calcutta in 1774; first Chief Justice: Sir Elijah Impey (with 3 other judges).
- Prohibited Company servants from accepting gifts, bribes; private trade restricted.
- Court of Directors required to lay revenue, civil, and military matters before British Government every six months.
- GG-in-Council to govern by majority; GG had no veto.
Defects and the Act of Settlement 1781
The Act had several defects:
- GG could be outvoted by his own Council (Hastings was repeatedly outvoted by the troika of Philip Francis, John Clavering, George Monson — 1774-76).
- Supreme Court's jurisdiction was unclear; conflicts with Calcutta Council.
The Act of Settlement (Amending Act) 1781 exempted the GG and Council from Supreme Court jurisdiction in their official capacity.
⚠ EXAMINER TRAP — "GG of Bengal" vs "GG of India"
Under the Regulating Act 1773: title was Governor-General of Bengal (Warren Hastings was first). The title became Governor-General of India only with the Charter Act 1833 — Lord William Bentinck was thus the LAST GG of Bengal AND the first GG of India. Often misquoted in PYQs.
Pitt's India Act 1784
The Regulating Act's defects (and the political crisis around Hastings's impeachment, 1788–95) prompted PM William Pitt the Younger to push through the India Act of 1784:
Provisions
- Established a Board of Control in London — 6 members appointed by the Crown — to supervise civil, military, and revenue affairs of British India.
- "Double government": Court of Directors handled commerce; Board of Control handled politics. The system continued until 1858.
- Reduced GG's Council from 4 to 3 members; the GG's casting vote made decisive.
- Strengthened control of Bengal Presidency over Bombay and Madras.
- Banned offensive wars or treaties without prior approval from Court of Directors and Board of Control.
Pitt's Act remains the basic framework of British Indian governance until 1858.
Charter Acts: 1793, 1813, 1833, 1853
The Charter Acts were periodic reviews of the Company's charter. Each Act extended Company privileges for 20 years while making structural changes.
Charter Act 1793
- Extended Company's monopoly (commercial + administrative) for 20 more years.
- Increased GG's powers; Indian rajas brought under uniform regulations.
Charter Act 1813
- Ended Company's commercial monopoly in India — except for trade in tea and trade with China.
- India opened to British merchants outside the Company.
- Provided ₹1 lakh annually for education in India — the first government education grant.
- Christian missionaries allowed to come to India (an early lobby of Wilberforce, William Carey).
- Acknowledged Crown's sovereignty over Company's Indian territories.
Charter Act 1833 (Saint Helena Act 1833)
The most far-reaching of the Charter Acts:
- Ended Company's commercial functions entirely — Company became a purely administrative body.
- Title: Governor-General of Bengal → Governor-General of India. Lord William Bentinck (already GG of Bengal since 1828) became the first GG of India in 1833.
- GG-in-Council got exclusive legislative authority over the whole of British India (centralisation of legislation).
- A fourth member — Law Member — added to the GG's Council. Lord Thomas Babington Macaulay was the first (1834-38) — drafted the Indian Penal Code Bill 1837 (passed 1860).
- Indian Law Commission established (1834).
- The phrase: "No native of India, nor any natural-born subject of His Majesty resident therein, shall... be disabled from holding any place, office, or employment under the said Company by reason only of his religion, place of birth, descent, colour, or any of them." — first formal anti-discrimination provision.
- Slavery was to be abolished (effected by Act V of 1843).
Charter Act 1853
- First open competitive examination for the ICS — implemented through the Macaulay Committee Report (1854); first exam held in 1855 — exclusively in London until 1922.
- Patronage of Court of Directors over ICS appointments ENDED.
- Separate Legislative Council created (separate from Executive Council) — 12 members. First step towards separation of legislature and executive.
- Did NOT extend the Charter for 20 years (as previous Acts had done) — Company's tenure subject to Parliament's will (anticipated 1858).
- Number of Directors reduced from 24 to 18 (6 nominated by Crown).
✦ HIGH-YIELD FACT — Bentinck was the Pivot
Lord William Bentinck (1828-35) — last Governor-General of Bengal AND first Governor-General of India (after 1833). He also abolished Sati (1829), suppressed Thuggee, and adopted English as official language (1835, with Macaulay's Minute on Education). Bentinck = transition figure across the 1833 Charter Act.
Government of India Act 1858 — End of Company Rule
The 1857 Revolt's most consequential constitutional outcome. Passed by British Parliament on 2 August 1858:
Key Provisions
- Abolished the East India Company as ruler of India.
- India came under direct Crown rule.
- Created the office of Secretary of State for India in the British Cabinet (replaced both Court of Directors and Board of Control). First Secretary: Lord Stanley.
- Created the Council of India — 15 members in London — to advise the Secretary of State.
- Governor-General of India was henceforth also Viceroy (representative of the Crown). Lord Canning was thus the first Viceroy (already GG since 1856).
- Court of Directors and Board of Control abolished.
- British Indian Empire began.
Queen Victoria's Proclamation (1 November 1858)
Read out at Allahabad by Lord Canning — sometimes called the "Magna Carta of the Indian people":
- Promise of non-interference in religion.
- Doctrine of Lapse abolished; princes' adoption rights recognised.
- Equal opportunity in government service (theoretically).
- Pardon for revolt participants except those guilty of murder.
- Treaties with Indian states honoured.
Indian Councils Acts — 1861, 1892, 1909
Indian Councils Act 1861
- Added a 5th member to the Viceroy's Executive Council — for Public Works.
- For legislative purposes, the Council was expanded by 6–12 additional members nominated by the Viceroy (50% non-officials).
- Three Indians nominated to the legislative council for the first time by Lord Canning: Maharaja of Patiala, Raja of Banaras, Sir Dinkar Rao (Diwan of Gwalior).
- Established provincial legislative councils for Bombay, Madras, Bengal, NWP & Punjab.
- "Portfolio system" introduced (prefigured by Lord Canning).
- Gave Viceroy power to issue ordinances.
Indian Councils Act 1892
- Increased non-official members in Imperial and provincial councils.
- Limited indirect election introduced — through electoral colleges (universities, municipalities, district boards, zamindar associations).
- Members could discuss the budget and ask questions (no supplementary questions; no voting on budget).
Indian Councils Act 1909 (Morley-Minto Reforms)
Named after Secretary of State John Morley and Viceroy Lord Minto II. Key features:
- Imperial Legislative Council expanded to 60 members (up from 16).
- Provincial councils to 30–50 members.
- SEPARATE ELECTORATES FOR MUSLIMS — the most consequential and controversial provision. Reserved Muslim-only constituencies created.
- Indirect election through electoral colleges (universities, municipalities, etc.).
- S.P. Sinha appointed as Law Member of the Viceroy's Executive Council in 1909 — FIRST INDIAN on the Viceroy's Executive Council. Sinha was raised to the peerage as Lord Sinha of Raipur (1919).
- Power to discuss the budget and ask supplementary questions.
- Sir Krishna Govinda Gupta added to the Council of India in London.
Morley himself wrote that responsible parliamentary government was NOT the aim — and he had nothing to do with such a result. Indian leaders were disappointed; the separate electorates were widely condemned by Gokhale ("a deplorable mistake") and Tilak.
Government of India Act 1919 (Montagu-Chelmsford Reforms)
The Act implementing the Montagu Declaration of 20 August 1917 (responsible government as goal). Royal Assent on 23 December 1919. Named after Secretary of State Edwin Montagu and Viceroy Lord Chelmsford.
Key Provisions
- Diarchy (dual government) at the provincial level — provincial subjects divided into:
- Reserved — Governor + officials (police, finance, justice, irrigation).
- Transferred — Indian ministers responsible to legislature (education, agriculture, public health, local government).
- Bicameral central legislature: Council of State (60 members; upper house) + Central Legislative Assembly (145 members; lower house).
- Direct election introduced for some seats (replacing electoral colleges).
- Communal electorates extended — Muslims (since 1909), now also Sikhs, Anglo-Indians, Christians, Europeans.
- Voting franchise: about 10% of adult population (property & education-based).
- Office of High Commissioner for India created in London.
- Public Service Commission (Lee Commission 1924, Indian Public Service Commission established 1926).
- Indian budget separated from British budget.
- Provision for statutory commission after 10 years — led to the Simon Commission 1927.
Indian Reaction
- Diarchy was unworkable in practice — Indian ministers controlled "transferred" subjects, but Governor controlled budget; ministers had no meaningful authority.
- Limited franchise — only the propertied minority voted.
- Communal electorates entrenched division.
- Real power remained with British officials.
- Tilak: "unworthy and disappointing — a sunless dawn".
- INC Amritsar Session (December 1919, Pres: Motilal Nehru) condemned the reforms as "inadequate, unsatisfactory, and disappointing."
The 1919-1937 Period
Under the 1919 Act:
- Three general elections to the Central Legislative Assembly: 1920, 1923, 1926, 1930, 1934.
- Swarajists (1923) entered to obstruct from within.
- Swarajists won 42 of 145 seats (1923) — became the largest single party.
- Vithalbhai Patel elected first Indian Speaker of the Central Legislative Assembly (1925).
Government of India Act 1935
Passed on 2 August 1935. The longest Act ever passed by the British Parliament — 321 sections, 10 schedules, 14 Parts. The "primary source" of the Indian Constitution (Granville Austin).
Key Features
- All-India Federation — proposed federation of British India provinces and Princely States. Princely accession was voluntary; never enough Princes acceded; the Federation NEVER came into force.
- Provincial Autonomy — abolished diarchy at provinces; full ministerial responsibility to legislature on all subjects (came into force 1 April 1937).
- Diarchy at the Centre — Federal subjects divided into Reserved (Defence, Foreign Affairs, Religion, Tribal Areas — Governor-General's exclusive control) and Transferred. (Never implemented because Federation didn't come into force.)
- Bicameral provincial legislatures in 6 provinces (Bombay, Madras, Bengal, UP, Bihar, Assam); unicameral in others.
- Three lists — Federal (59 items), Provincial (54 items), Concurrent (36 items). Foundation of the Indian Constitution's 7th Schedule.
- Federal Court of India — established 1 October 1937 at Delhi (precursor to Supreme Court). First Chief Justice: Sir Maurice Gwyer.
- Reserve Bank of India — established 1 April 1935 under the RBI Act 1934 (parallel to GoI Act). First Governor: Sir Osborne Smith.
- Federal Public Service Commission and Provincial Public Service Commissions.
- Communal electorates expanded as per 1932 Communal Award (with Poona Pact for Depressed Classes).
- Burma separated from India by separate Government of Burma Act 1935 (effective 1 April 1937).
- Sind, Orissa — separated as new provinces (Sind from Bombay; Orissa from Bihar in 1936).
- Aden separated.
- Voters expanded — about 30 million (30% of adults) — up from 5 million under 1919 Act.
Indian Reaction
- Jawaharlal Nehru: "A new charter of slavery"; "a machine with strong brakes but no engine".
- Madan Mohan Malaviya: "Dominion Status without Dominion Status".
- Congress condemned the Act in its entirety, but resolved to contest the elections.
Influence on Indian Constitution
Despite rejection, the GoI Act 1935 was the "primary source" of the Indian Constitution. Granville Austin estimated about 250 articles of the Indian Constitution derive directly from the 1935 Act. Provisions retained:
- Federal structure with three lists.
- Office of Governor in states.
- Public Service Commission.
- Federal Court → Supreme Court.
- Emergency provisions.
- High Commissioner for India in London → modern Indian Diplomatic Service.
⚠ EXAMINER TRAP — Federation never came into force
Although the GoI Act 1935 PROVIDED for an All-India Federation, it NEVER came into force — princely accession was insufficient, and WWII intervened. Provincial Autonomy, however, DID come into force on 1 April 1937 — leading to the 1937 elections and Congress ministries (8 of 11 provinces). The Centre continued under the older 1919 Act framework until 1947.
Indian Independence Act 1947
The Act that ended British rule in India. Royal Assent on 18 July 1947. Implementing the Mountbatten Plan (3 June 1947).
Provisions
- Two Independent Dominions of India and Pakistan from 15 August 1947.
- Each dominion to have a Governor-General appointed by the British Crown.
- Both dominions to have plenary legislative authority — full sovereign legislatures (Constituent Assemblies as both interim parliaments and constitution-making bodies).
- The Government of India Act 1935 to remain in force as the working constitution until each Constituent Assembly framed its own.
- British paramountcy over princely states lapses on 15 August 1947 — princes free to accede to either dominion.
- British Crown's title "Emperor of India" abolished from 22 June 1948.
- Office of Secretary of State for India abolished.
- Each dominion's GG had executive authority; legislatures could even amend the 1947 Act itself.
Adopted by Constituent Assembly
India's Constituent Assembly adopted the Act and continued its constitution-making work. The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950 — at which point India became a sovereign Republic and the GoI Act 1935 + Indian Independence Act 1947 ceased to operate.
India's Republic Day (26 January 1950)
The Constitution adopted: 26 November 1949 (Constitution Day from 2015). Came into force: 26 January 1950 (Republic Day) — chosen to commemorate the Lahore Congress's 1929 declaration of Purna Swaraj on 26 January 1930.
- India became a sovereign democratic Republic.
- Dr Rajendra Prasad — first President.
- Jawaharlal Nehru — Prime Minister.
- Federal Court → Supreme Court of India (28 January 1950); first CJ: Sir Harilal Kania.
✦ HIGH-YIELD FACT — From Regulating Act to Republic
174 years of British constitutional evolution, from the Regulating Act 1773 (created GG of Bengal) to the Indian Independence Act 1947 (created two dominions). Then 2½ years to the Indian Constitution (26 January 1950). Throughout: the Indian Constitution drew most heavily on the GoI Act 1935 (about 250 articles) — the "longest Act ever passed" became the foundation of modern Indian governance.
📋 Previous Year Questions
UPSC CSE Prelims 2017: Who was the first Governor-General of Bengal? (a) Robert Clive (b) Warren Hastings (c) Lord Cornwallis (d) Lord Wellesley
Answer: (b) Warren Hastings, 1773-85, under the Regulating Act 1773.
UPSC CSE Prelims 2018: Which Act introduced separate electorates for Muslims in India? (a) Indian Councils Act 1909 (b) Government of India Act 1919 (c) Government of India Act 1935 (d) Indian Independence Act 1947
Answer: (a) Indian Councils Act 1909 (Morley-Minto Reforms).
UPSC CSE Prelims 2014: The Government of India Act 1935 provided for a Federation that would consist of: (a) British provinces only (b) Princely states only (c) Both British provinces and princely states (d) None of the above
Answer: (c) Both — but the Federation never came into force.
Frequently Asked Questions
What was the "Double Government" under Pitt's India Act 1784?
Under Pitt's India Act 1784, British Indian government was divided between two bodies in London: (1) Court of Directors of the East India Company — handled commercial affairs and patronage; (2) Board of Control (6 members appointed by the Crown) — handled civil, military, and revenue affairs. This was the "double government" or "dual government" system. It continued until 1858 when both were abolished and replaced by the Secretary of State for India and the Council of India in London. The system gave the British Cabinet political control while preserving the Company's commercial and patronage role.
When was the Supreme Court of British India established?
The Supreme Court at Calcutta was established by the Regulating Act 1773; it became operational in 1774 with Sir Elijah Impey as the first Chief Justice. Similar Supreme Courts were established at Madras (1801) and Bombay (1823). These were Crown courts with European judges. The High Courts Act 1861 reorganised these as High Courts of Calcutta, Bombay, and Madras (1862-65). The first Federal Court of India was established under the GoI Act 1935 on 1 October 1937 — succeeded by the Supreme Court of India on 28 January 1950 under the new Constitution.
Who was the first Indian on the Viceroy's Executive Council?
Sir Satyendra Prasanna Sinha (S.P. Sinha, 1863–1928) — a Bengali barrister — was the first Indian appointed to the Viceroy's Executive Council. He served as Law Member from 1909 to 1910 under the provisions of the Indian Councils Act 1909 (Morley-Minto Reforms). He resigned in 1910 over disagreements but was later raised to the British peerage as Lord Sinha of Raipur in 1919 (becoming the first Indian peer in the House of Lords). He briefly served as Governor of Bihar & Orissa 1920-21.
What was the Charter Act 1813 famous for?
The Charter Act 1813 is famous for: (1) Ending the East India Company's commercial monopoly in India (except for tea trade and trade with China — these continued until 1833); (2) Allowing private British merchants to trade in India; (3) Providing ₹1 lakh annually for education in India — the first government grant for Indian education; (4) Permitting Christian missionaries to come to India (William Carey, William Wilberforce had lobbied for this); (5) Acknowledging the British Crown's sovereignty over Company's Indian territories. Commercial monopoly continued for tea/China until Charter Act 1833 ended it entirely.
What was Macaulay's role in 1833-35?
Lord Thomas Babington Macaulay (1800-59) had two distinct roles: (1) First Law Member of the Governor-General's Council (1834-38) — appointed under the Charter Act 1833. He chaired the First Indian Law Commission (1834) which drafted the Indian Penal Code (drafted 1837, enacted 1860); (2) Author of the famous Macaulay's Minute on Education (2 February 1835) — recommended English-medium education for Indians, in opposition to the "Orientalists" (H.H. Wilson) who supported Sanskrit/Persian/Arabic. Bentinck's resolution of 7 March 1835 adopted English as the medium of education and administrative language in India. The Minute's notorious phrase: "a class of persons Indian in blood and colour, but English in tastes, opinions, in morals and in intellect."
Why is the Government of India Act 1935 called the "primary source" of the Indian Constitution?
Granville Austin (The Indian Constitution: Cornerstone of a Nation, 1966) estimated that about 250 articles of the Indian Constitution derive directly or substantially from the GoI Act 1935. Major adopted features: (1) Federal structure with three lists (now in 7th Schedule); (2) Office of Governor in states; (3) Public Service Commissions; (4) Federal Court → Supreme Court; (5) Emergency provisions (Articles 352, 356, 360); (6) High Commissioner for India model; (7) Detailed administrative provisions about subjects, procedures. The Constitution does NOT, however, retain the 1935 Act's communal electorates (replaced by joint electorates with reservation), or the British-imposed "safeguards" for the Crown.