Introduction

The Indian Constitution did not emerge in a vacuum. Its foundations were laid over several centuries of British rule, beginning with early legislative measures by the British Parliament to control and administer India through the East India Company. These acts slowly transitioned power from the Company to the British Crown and introduced governance structures that would later influence modern constitutional development in India. This article explores the pivotal laws that were milestones in this evolution and laid the groundwork for a centralised, bureaucratic, and increasingly legalised form of governance in British India.

Regulating Act, 1773

• Officially called the East India Company Act 1772, passed by the British Parliament.
• Marked the first attempt by the British government to exercise direct control over the East India Company’s political and administrative affairs in India.
• Aimed at curbing corruption and mismanagement and improving administrative efficiency.
• Recognised for the first time that the Company was not just a trading entity but also a political and administrative force.

Reasons for the Act:

• Severe financial crisis within the Company, leading to a request for a £1 million loan from the British government in 1772.
• Widespread allegations of corruption and nepotism among Company officials.
• The devastating Bengal famine, which led to mass deaths.
• Inefficiency of the dual administration system created by Robert Clive, where the Company had Diwani rights (revenue collection) and the Nawab retained Nizamat rights (judicial and policing).
• Rising lawlessness in Bengal.
• Military defeat by Mysore’s Hyder Ali in 1769 raised concerns about Company’s ability to manage Indian territories.

Key Provisions:

• Allowed the Company to retain its territorial possessions but brought its operations under regulation—hence the name “Regulating Act”.
• The Governor of Bengal became the Governor-General of Bengal (Warren Hastings was the first).
• An Executive Council of four members was appointed to assist the Governor-General.
• Governors of Madras and Bombay were made subordinate to the Governor-General, especially in matters of foreign affairs.
• The Court of Directors had to submit regular reports on the Company’s affairs to the British Government and had limited four-year terms.
• The Company was restricted to paying only 6% dividends to shareholders.
• Company officials were barred from accepting gifts or engaging in private trade.
• A Supreme Court was established at Fort William in Calcutta, consisting of one Chief Justice and three judges. Sir Elijah Impey became the first Chief Justice. It had jurisdiction only over British subjects.

Drawbacks:

• The Governor-General lacked veto power.
• Indian concerns and welfare were ignored despite being the revenue source.
• Corruption among officials continued unabated.
• The powers and jurisdiction of the Supreme Court were unclear, leading to confusion.
• Parliamentary control proved ineffective due to the absence of a proper review mechanism for the reports submitted by the Governor-General in Council.

Pitt’s India Act, 1784

• Also called the East India Company Act, 1784, it was passed to address the shortcomings of the Regulating Act.
• Introduced a dual system of control—British Government held ultimate authority while the Company managed operations.
• Named after William Pitt the Younger, the British Prime Minister at the time.
• Stayed in effect until 1858.

Key Provisions:

• Divided Company’s functions into:
  • Commercial: Managed by the Court of Directors (representing the Company).
  • Political: Managed by a new Board of Control (representing the British Government).
• Board of Control had powers over civil, military, and revenue matters.
• The Board consisted of two Cabinet Ministers and six Commissioners.
• All civil and military officers were mandated to disclose their assets in India and Britain.
• The strength of the Executive Council was reduced to three members, one being the Commander-in-Chief of the British Crown’s army in India.
• The Presidencies of Madras and Bombay were made subordinate to Bengal in all matters related to diplomacy, war, and revenue.

Drawbacks:

• The Governor-General had to answer to both the Company and the British Crown, creating administrative confusion.
• Lack of clear demarcation of authority between the Board of Control and the Court of Directors.
• Nepotism was alleged within the working of the Board of Control.

Charter Act, 1813

• Officially known as the East India Company Act, 1813.
• Renewed the Company’s charter for another 20 years.
• For the first time, defined the constitutional position of British Indian territories.

Background:

• Napoleon Bonaparte’s Continental System (via the Berlin Decree of 1806 and Milan Decree of 1807) blocked British goods from entering European markets, affecting British traders.
• Merchants in Britain demanded access to Asian markets and the dissolution of the Company’s monopoly.
• Economic liberalism, as advocated by Adam Smith’s Laissez-Faire theory, gained popularity, promoting free trade and economic competition.

Key Provisions:

• Affirmed Crown’s sovereignty over British Indian possessions.
• Ended the Company’s trade monopoly in the East, except for trade with China and tea.
• Allowed Christian missionaries to travel to India and promote Christianity.
• Clearly defined the constitutional status of British territories in India.
• Mandated the Company to maintain separate accounts for territorial and commercial operations.
• Enlarged and clarified the authority of the Board of Control.
• Company’s debt was reduced and its dividend was fixed at 10.5% per annum.
• Local governments were empowered to:
  • Impose taxes on people under Supreme Court jurisdiction.
  • Punish tax evaders.
• Strengthened the judiciary in India by granting Indian courts more authority over European British subjects.
• Initiated a provision for a yearly financial grant of Rs. 1 lakh to:
  • Revive Indian literature.
  • Promote scientific advancement.
  • Fund education for Indians.

Charter Act, 1833

• Legally recognised British colonisation of India; territories held by the East India Company were now officially considered ‘in trust for His Majesty’.
• Allowed unrestricted English settlement in India.

Changes to the East India Company:

• Ceased its commercial operations; the Company became a purely administrative body.
• Terminated trade links with China.

Centralisation of Administration:

• Governor-General of Bengal became the Governor-General of India.
  • Lord William Bentinck was the first to hold this title.
• Governors of Bombay and Madras lost their legislative powers.
• Governor-General of India gained exclusive legislative power over all British Indian territories and communities (British, Indian, or foreign).
• Governor-General’s Council had four members; the fourth had limited legislative powers.
• For the first time:
  • The term “Government of India” was officially used.
  • The Governor-General’s Council was referred to as the “India Council”.

Legal and Administrative Reforms:

• Introduced the practice of calling Indian legislation as “Acts” when submitted to the British Parliament.
• Established the Indian Law Commission under Lord Macaulay to codify laws.
• Split the Bengal Presidency into Agra and Fort William Presidencies.

Inclusion of Indians:

• First act to allow Indians into government services based on merit, not on race, religion, birth, or colour.

Other Notable Provisions:

• Provided for the mitigation of slavery in India.
  • British Parliament had abolished slavery across all possessions in 1833.
• Allowed for three Bishops to be stationed in India due to the growing British population.
• Regulated the establishment of Christian institutions in India.

Legacy:

• Finalised the administrative centralisation in India.
• Transitioned the East India Company into a trustee for the British Crown.
• Pioneered the codification of Indian laws.
• Introduced the principle of merit in civil service recruitment.

Charter Act, 1853

• Last of the Charter Acts.
• Did not fix a time limit for Company rule, nor renewed commercial privileges.
• Considered a landmark in India’s constitutional evolution.
• Marked the beginning of a Parliamentary system in India.

Context and Motivation:

• Criticism over inefficiencies due to the dual authority of the Court of Directors and Board of Control.
• Major territorial expansions, including annexation of Sindh and Punjab, had changed the political landscape.
• Demand for decentralisation and Indian participation in administration.
• Concerns over the Governor-General of India also being the Governor of Bengal, leading to regional biases.

Provisions:

• Reaffirmed Company’s authority to retain territories and revenue in trust for the Crown.

Legislative and Executive Division:

• Governor-General’s Council bifurcated into:
  • Legislative Council:
    • Increased to 12 members.
    • Included Governor-General, Commander-in-Chief, four council members, two judges of the Supreme Court at Calcutta, and four members nominated by the provinces.
    • Renamed the Indian (Central) Legislative Council.
    • Functioned like a mini-Parliament:
      • Debates were held publicly.
      • Bills referred to Select Committees.
      • Members could ask questions and discuss executive policies.
  • Executive Council:
    • Included a full voting Law Member.
    • Governor-General could nominate a Vice President.
    • Had veto power over legislation.
    • Included representatives from provinces (senior civil servants).

Provincial Reforms:

• Court of Directors could:
  • Appoint a separate governor for Bengal.
  • Create new presidencies or provinces (led to Sindh, Punjab, Assam, Burma, and Central Provinces).
  • Alter boundaries and appoint Lieutenant Governors.

Other Features:

• Salaries of the Board of Control members and staff to be fixed by British government, paid by the Company.
• Reduced the number of Court of Directors from 24 to 18; six were nominated by the Crown.
• Removed the Company’s right of patronage in civil service appointments.

Indian Civil Services:

• Open competitive exams introduced based on Macaulay Committee (1854) recommendations.
• Civil services were now based solely on merit.
• Opened the door for Indian candidates to enter ICS.

Legal Reforms:

• Empowered the Crown to appoint a Law Commission in England.
• Law Member became a full member of the Executive Council.

Criticism:

• Despite legislative expansion, Indians were not included in the Council.
• Continued Company governance seen as illegitimate, especially after the 1857 Revolt.

Government of India Act, 1858

• Also known as:
  • An Act for the Better Governance of India.
  • Queen Victoria’s Proclamation.
  • Magna Carta of the People of India for its policy declarations.

Introduction:

• Transferred the governance of India from the East India Company to the British Crown.
• Queen Victoria became the sovereign of India, holding the title “Empress of India”.

Background:

• The Revolt of 1857 exposed the flaws in Company governance.
• The Company was held responsible for policies leading to widespread rebellion.

Provisions:

Administrative Changes:

• East India Company abolished; India became a British colony.
• Abolished Court of Directors and Board of Control.

Secretary of State:

• Created the post of Secretary of State for India.
  • A British MP and Cabinet member.
  • Assisted by a 15-member Advisory Council.
  • Held all powers previously with the Court of Directors.
  • Could send secret dispatches to India without consulting the council.
  • Lord Stanley was the first to hold this post.

Viceroy of India:

• Governor-General became the Viceroy, representing the British Crown.
• Appointed by the Crown and assisted by an Executive Council.
  • Lord Canning was the first Viceroy.
  • Governors of other provinces were also appointed by the Crown.

Civil Services:

• Indian Civil Services institutionalised.
• Recruitment based on merit.
• Indians could participate, although practical entry remained limited for years.

Policy Towards Princely States:

• Abandoned the Doctrine of Lapse.
• Introduced the Policy of Subordinate Union:
  • No more annexation of Indian states.
  • Promised to honour treaties with native princes.
  • Recognised the semi-sovereign status of princely states under British suzerainty.

Social and Religious Policies:

• Guaranteed religious freedom to all Indians.
• Promised non-interference in religious matters.
• Declared amnesty to all rebels of 1857 except those accused of murdering British civilians.

Drawbacks:

• Absolute control remained with the British Parliament and Crown.
• No representation for Indians in administration.
• Secretary of State held excessive power with limited accountability.

Indian Councils Act, 1861

Background:

• The Government of India Act, 1858 changed governance from the Company to the Crown but made no structural reforms within India.
• The Sepoy Mutiny of 1857 highlighted the urgency of Indian inclusion in governance.
• The Charter Act of 1833 had centralised the legislative process, but real representation was missing.
• The Governor-General in Council struggled to perform legislative functions effectively.

Provisions:

• Central Executive Council:
  • A fifth member added, responsible for home, military, law, revenue, and finance.
  • A sixth member for public works was added later in 1874.
• Central Legislative Council:
  • Allowed 6-12 additional members, nominated by the Governor-General for two-year terms.
  • Half of these were non-official (either Indian or British).
  • First-time inclusion of Indians in the legislative process.
  • Bills related to military, religion, foreign affairs, public revenue, or debt could be overruled by the Governor-General.
  • The Secretary of State could nullify any act passed by the Council.
• Provincial Legislative Councils:
  • Restored legislative powers to presidencies.
  • Legislative councils established in Bengal (1862), NWFP (1886), Punjab and Burma (1897).
  • New provinces could be created; Lieutenant Governors could be appointed.
• Portfolio System:
  • Introduced by Lord Canning.
  • Executive Council members became heads of individual departments.
• Emergency Ordinances:
  • Governor-General authorised to issue ordinances during emergencies, valid for 6 months.

Legacy:

• First time Indians were appointed to legislative councils.
• Major step in decentralisation of administration.
• Landmark in constitutional and political evolution.

Drawbacks:

• Legislative council remained mostly advisory.
• No formal provision for Indian membership.
• Governor-General’s power to issue ordinances gave unchecked authority.

Indian Councils Act, 1892

Legacy:

• Marked the beginning of indirect elections to legislative councils through nomination.

Provisions:

• Central Legislative Council:
  • Increased non-official members.
  • Nominated by the Viceroy after consulting Provincial Legislative Councils and the Bengal Chamber of Commerce.
  • Official members continued to be in the majority.
  • Empowered to:
    • Discuss the budget.
    • Ask questions to the executive (though with limitations).
• Provincial Legislative Councils:
  • Increased non-official members.
  • Nominated by the Governors after consulting:
    • District Boards
    • Municipalities
    • Universities
    • Trade associations
    • Zamindars
    • Chambers of Commerce

Indian Councils Act, 1909

Also Known As:

• Minto-Morley Reforms.
  • Lord Minto: Viceroy, known as the “Father of Communal Electorate”.
  • John Morley: Secretary of State.

Legacy:

• Introduced communal electorates, a critical turning point in colonial Indian politics.

Provisions:

• Legislative Councils:
  • Increased members in both Central and Provincial Councils.
  • Central Council retained official majority.
  • Provincial Councils now had a non-official majority.
  • Members were allowed to:
    • Move resolutions on the budget.
    • Ask supplementary questions.
• Executive Councils:
  • Indians appointed to some executive councils (e.g., Satyendra Prasad Sinha was appointed to the Viceroy’s Executive Council).
• Separate Electorates:
  • Provided separate electorates for Muslims and Hindus, laying the foundation for communal division in Indian politics.

Lucknow Pact, 1916

How It Happened:

• Facilitated through the efforts of Annie Besant and the growing realisation of unity among Indian political factions.

Significance:

• A major step towards Hindu-Muslim political cooperation.
• Brought together:
  • Indian National Congress (INC) and Muslim League.
  • Moderates and Extremists within the INC.
• Mahatma Gandhi emerged as a national leader during this period.

Outcomes:

• Separate electorates were recognised for all communities unless they voluntarily opted for joint electorates.
• Muslims were to receive 1/3 reservation in the Central Legislature.
• Institutionalised minority representation in political bodies.
• All members, except nominated ones, should be elected based on adult franchise.
• Advocated for the separation of the executive from the judiciary.
• Introduced the idea of communal veto—minorities could veto legislation harmful to their interests.

Government of India Act, 1919

Also Known As:

• Montagu-Chelmsford Reforms
  • Edwin Montagu: Secretary of State for India
  • Lord Chelmsford: Viceroy of India

Legacy:

• First step towards establishing:
  • A federal structure in India
  • A responsible government at the provincial level

Provisions:

• Division of Powers:
  • Subjects divided into:
    • Central List: Controlled by the Centre
    • Provincial List: Further divided into:
      • Reserved Subjects (Finance, Law & Order): Controlled by the Governor
      • Transferred Subjects (Education, Public Health, Local Self-Government): Controlled by ministers responsible to provincial legislatures
• Legislature:
  • Introduced bicameralism at the centre:
    • Upper House: Council of State
    • Lower House: Legislative Assembly
• Executive Council:
  • 3 out of 6 members were Indians
• Separate Electorates extended to:
  • Sikhs
  • Anglo-Indians
  • Indian Christians
  • Europeans
• Voting Rights:
  • Based on property, tax payments, and education
• Central Public Service Commission (CPSC) established:
  • For recruitment of civil servants
• Separate Provincial and Central Budgets introduced
• Statutory Commission:
  • To report the working of the Act after 10 years
  • Led to the Simon Commission (1927)

Simon Commission, 1927

Background:

• Formed before the stipulated 10 years under the 1919 Act
• Aimed to review the constitutional system in India

Composition:

• All members were British, including Sir John Simon (Chairman)

Report (Submitted in 1930):

• Abolition of Dyarchy
• Continuation of Communal Electorate
• Establishment of an All-India Federation
• Extension of Responsible Government to provinces:
  • Governor to act with advice of Ministers

Opposition:

• Strong protest across India due to lack of Indian representation
• “Simon Go Back” slogans
• Boycotted by Congress

Significance:

• Several recommendations were incorporated into the Government of India Act, 1935

Nehru Report, 1928

What:

• A proposal for a dominion constitution for India

Who:

• Drafted by the All Parties Conference Committee
  • Chairman: Motilal Nehru
  • Secretary: Jawaharlal Nehru

Key Features:

• Dominion status for India (within British Commonwealth)
• India to be a federation
• Bicameral legislature at the centre
• Executive responsible to legislature
• Viceroy as Constitutional Head, similar to British monarch
• No separate electorate for minorities
• Reservation for Muslims only in provinces where they were a minority
• Defined citizenship and fundamental rights

Muslim Response:

• Rejected by the Muslim League
• Sparked formulation of Jinnah’s 14 Points

Jinnah’s 14 Points

Background:

• Jinnah proposed amendments to the Nehru Report in the All Parties Conference
• Rejected by Congress
• Formulated in 1929 at the All India Muslim League Conference in Delhi

Key Demands:

• Federal Constitution with more powers to provinces.
• Equal autonomy for all provinces.
• Protection of minorities with adequate and effective representation.
• One-third Muslim representation in the central legislature.
• Separate electorates for all communities.
• Religious freedom for all communities.
• Protection of Muslim culture, religion, education, and institutions.
• No law to be passed if a religious community objects to it.
• Sindh to be separated from the Bombay Presidency.
• Equal rights and reforms in NWFP and Balochistan like other provinces.
• Muslims to be given a fair share in civil services and government jobs.
• Safeguards for Muslim customs, personal law, and education.
• At least one-third Muslim representation in all cabinets.
• No constitutional change without the consent of all federating units.

Congress Response:

• Did not accept the 14 Points

Round Table Conferences (1930–1932)

1st Round Table Conference (1930):

• Held in London
• Attended by:
  • British Government
  • Representatives of British India and princely states
• Congress did not participate
• Decisions:
  • All India Federation of provinces and princely states
  • Executive to be responsible to the legislature
  • Provincial governments to have full responsibility

Gandhi-Irwin Pact (1931):

• Resulted in:
  • Suspension of Civil Disobedience Movement (CDM)
  • Congress participation in the Second Round Table Conference
  • Withdrawal of repressive ordinances
  • Release of prisoners (except those involved in violence)
  • Permits to collect duty-free salt
  • Right to peacefully picket liquor shops

2nd Round Table Conference (1931):

• Congress participated under Mahatma Gandhi
• No consensus on:
  • Communal representation
• Ramsay MacDonald decided:
  • Communal representation in provinces
  • Female electorate
  • NWFP given provincial status
  • Burma separated
• Gandhi resumed CDM and was later jailed

3rd Round Table Conference (1932):

• Held in London
• Attended by:
  • British Government
  • British India representatives
  • Princely states
• Congress did not participate
• Notable Development:
  • Dr. B.R. Ambedkar’s proposal led to Communal Award

Communal Award, 1932

What:

• Introduced by Ramsay MacDonald
• Granted separate electorates for:
  • Depressed Classes (Scheduled Castes and Tribes)

Consequences:

• Gandhi opposed it, fearing further division
• Launched a fast unto death in Yerwada Jail

Poona Pact (1932):

• Compromise between:
  • Congress and Depressed Classes (led by Ambedkar)
• Agreed to:
  • Reservations for Depressed Classes
    • Within the Hindu Joint Electorate
  • Ended Gandhi’s fast

Government of India Act, 1935

Legacy:

• Marked the introduction of a completely responsible government at the provincial level.
• Served as the most detailed and extensive legislation enacted before independence.
• Signified complete decentralisation of administration from centre to provinces.

Key Provisions:

• All India Federation:
  • Proposed a federation including:
    • British Indian Provinces
    • Princely States (voluntary participation)
  • Powers divided into:
    • Federal List
    • Provincial List
    • Concurrent List
  • Residuary Powers given to the Viceroy, especially for:
    • Defence
    • Foreign Affairs
• Bicameral Legislature:
  • Introduced in 6 out of 11 provinces
  • Comprised of:
    • Legislative Assembly
    • Legislative Council
• Provincial Autonomy:
  • Replaced the Dyarchy system at the provincial level.
  • Ministers controlled all departments in provincial administration.
  • Governor retained special powers, including:
    • Vetoing legislation
    • Legislating on his own
    • Complete control over civil services and police
• Dyarchy at the Centre:
  • Introduced for the first time at the central level.
  • Federal subjects were divided into:
    • Reserved Subjects: Controlled by the Governor-General.
    • Transferred Subjects: Handled by Ministers answerable to the legislature.
• Responsible Government in Provinces:
  • Governors were to act with the advice of Ministers on provincial matters.
• Separate Electorates Extended to:
  • Labour
  • Depressed Classes (Scheduled Castes)
  • Women
• Voting Rights:
  • Limited to 14% of the total population, based on:
    • Property
    • Tax
    • Education
• Institutions Established:
  • Provincial Public Service Commissions
  • Joint Public Service Commission
  • Reserve Bank of India (RBI) – To manage currency and monetary policy
  • Federal Court of India:
    • Established in 1937
    • Had original, appellate, and advisory jurisdiction
    • Continued until the formation of the Supreme Court of India in 1950

August Offer, 1940

Background:

• With the outbreak of World War II, the British government sought Indian support.
• The Congress Working Committee, at its Ramgarh Session (1940), offered conditional support in exchange for:
  • Formation of a Provisional National Government at the Centre

Proposal by:

• Lord Linlithgow, the then Viceroy of India

Key Proposals:

• Formation of a Representative Constitutional Body after the war to frame India’s future constitution.
• Increase in the number of Indians in the Viceroy’s Executive Council.
• Establishment of a War Advisory Council with Indian participation.

Outcome:

• Both the Indian National Congress and the Muslim League rejected the offer.
• Seen as inadequate and non-committal on the question of full independence or immediate constitutional reforms.

Cripps Mission (1942)

Why It Was Sent:

• During World War II, Britain faced heavy losses, especially in Southeast Asia, and feared a Japanese invasion of India.
• Viceroy Lord Linlithgow declared India’s participation in the war without consulting Indian leaders, triggering massive protests.
• Congress leaders, heading seven provincial governments, resigned in protest.
• Britain faced pressure from its Allies (USA, USSR, China) to secure Indian cooperation.
• Indian nationalists agreed to support the war in return for real power and a promise of independence after the war.

Composition:

• Headed by Sir Stafford Cripps, a member of the British War Cabinet.
• Included members of the British State Council and the House of Commons.

Proposals:

• Creation of an Indian Dominion after the war.
  • Freedom to remain in or leave the British Commonwealth.
  • Right to participate in international organizations.
• Any province unwilling to join the Indian union could form a separate union and have its own constitution.
• A Constituent Assembly would be created to frame the new constitution:
  • Members elected by provincial assemblies.
  • Members nominated from princely states.
• British control of defence to continue until the new constitution came into force.
• Governor-General’s powers would remain intact during the interim.
• Rights of minorities to be protected through British and Indian negotiations.

Legacy:

• First time Britain acknowledged India’s dominion status.
• Recognised India’s right to draft its own Constitution.
• Allowed provinces the freedom to form separate unions—setting the stage for partition.
• Granted Indians a greater role in administration, although limited.

Why It Failed:

• Congress:
  • Wanted full independence, not just dominion status.
  • Opposed continuation of British control over defence.
  • Objected to provinces forming separate unions.
• Gandhi:
  • Opposed the idea of dividing India.
• Muslim League:
  • Rejected the plan as it did not assure Pakistan.
  • Objected to insufficient Muslim representation in the Constituent Assembly.
• Sikhs, Dalits, Hindu Mahasabha, and Liberals:
  • Opposed either the right to secede or absence of special guarantees.
• Lack of support from British leadership, including:
  • Viceroy Linlithgow
  • Prime Minister Winston Churchill
  • Secretary of State Leo Amery

Cabinet Mission Plan (1946)

Composition:

• Sir Pethick Lawrence (Secretary of State for India)
• Sir Stafford Cripps (President of the Board of Trade)
• A.V. Alexander (First Lord of the Admiralty)

Objectives:

• Frame a machinery for India’s constitution-making.
• Make arrangements for an interim government.

Key Proposals:

• Union of India:
  • India would remain undivided.
  • Rejected Muslim League’s demand for Pakistan.
• Interim Government:
  • Headed by Jawaharlal Nehru.
  • Minimum interference from the Viceroy.
  • All members to be Indians.
  • Limited powers at the Union level:
    • Defence, Communications, Foreign Affairs, Finance
  • Provinces retained control over all other subjects.
  • Princely States:
    • Retained control over all subjects and residuary powers.
• Constituent Assembly:
  • Members elected from provincial legislatures and nominated from princely states.
  • Followed the first-past-the-post democratic principle.
  • Provinces grouped into three sections for representation.
  • President: Rajendra Prasad
  • Chairman (Provisional): Sachchidananda Sinha

Reactions:

• Muslim League:
  • Rejected interim government due to lack of Muslim representation.
• Congress:
  • Accepted the idea of Constituent Assembly.
  • Rejected a weak Centre and division into sections (fearing disunity).

Result:

• Initially, Muslim League agreed.
• Later, withdrew after Congress claimed it could alter the scheme through majority in the Assembly.
• Called for “Direct Action” to press for Pakistan.
  • August 16, 1946 marked as “Direct Action Day”, leading to violent communal riots.

Indian Independence Act, 1947

Timeline:

• February 1947:
  • British PM Clement Attlee announced India would be granted independence by June 1948.
• June 1947:
  • Lord Mountbatten’s Partition Plan was accepted by:
    • Indian National Congress
    • Muslim League
    • Sikh leaders
• August 1947:
  • Indian Independence Act passed by the British Parliament.

Key Provisions:

• Partition of India:
  • Creation of India and Pakistan as two independent dominions.
• Viceroy replaced by Governor-General:
  • Lord Mountbatten became the first Governor-General of India.
• Constituent Assemblies empowered to:
  • Frame constitutions.
  • Repeal existing British laws in India.
• Secretary of State for India:
  • Post was abolished.
• Creation of a Secretary of State for Commonwealth Affairs.
• Princely States:
  • Given choice to:
    • Join India
    • Join Pakistan
    • Remain independent
• Government of India Act, 1935:
  • Continued temporarily until new constitutions were adopted.
• Right of veto:
  • Transferred from the Crown to the Governor-General.
• Civil Services Appointments:
  • Discontinued by British authorities.
• Nominal Heads:
  • Governor-General and Provincial Governors were constitutional heads only.

Conclusion

The historical evolution of the Indian Constitution reflects a gradual shift from colonial control to self-governance through a series of legislative milestones, reforms, and political agreements. From the Regulating Act of 1773 to the Indian Independence Act of 1947, each act—whether administrative, legislative, or representative—paved the way for democratic institutions, federalism, civil services, and inclusion of Indian voices. Events like the Nehru Report, Jinnah’s 14 Points, Round Table Conferences, and Cripps and Cabinet Missions reveal the complex negotiations that shaped India’s path. Together, these developments laid a strong foundation for the framing of an independent, sovereign, and inclusive Indian Constitution.

1. Examine how various legislative acts from 1773 to 1935 contributed to the administrative and constitutional development of British India. (250 words)
2. Discuss the role of political negotiations such as the Nehru Report, Jinnah’s 14 Points, and the Round Table Conferences in shaping the communal and federal structure of India. (250 words)
3. Analyze how the Cabinet Mission Plan and the Indian Independence Act of 1947 addressed the demands of Indian political parties while facilitating a peaceful transfer of power. (250 words)