The British arrived in India in 1600 as traders under the East India Company, which had exclusive trading rights granted by a charter from Queen Elizabeth I. In 1765, the Company acquired ‘diwani’ (revenue and civil justice rights) over Bengal, Bihar, and Orissa, marking its transition from a trading enterprise to a territorial power. This needed government control over activities of the company and led to enactment of several acts till 1857. After mutiny of 1858, the company was dissolved India moved from Company rule to Crown rule. Thus, India’s constitutional history before independence began from 1773 and can be divided into two parts viz. Before 1858 and After 1858 till 1947.
The important laws enacted before 1858 included the Regulating Act of 1773, The Amending Act of 1781 (Act of Settlement), Pitt’s India Act of 1784, the Charter Acts of 1793, 1813, 1833, and 1853, and various other Acts of Settlement. These legislations laid the groundwork for British administrative, legal, and political control over India by centralizing governance, regulating the East India Company’s activities, and introducing judicial and legislative frameworks.
The period after 1858 marked the shift from Company rule to Crown rule, starting with the Government of India Act of 1858, which abolished the East India Company and transferred governance to the British Crown. Subsequent legislations such as the Indian Councils Acts of 1861, 1892, and 1909 gradually introduced Indian representation in legislative councils. The Government of India Act of 1919 (Montagu-Chelmsford Reforms) established dyarchy in provinces, expanded communal representation, and introduced bicameral legislatures.
The Government of India Act of 1935 was the most comprehensive reform, introducing provincial autonomy, a federal framework (though not implemented), and expanding electoral representation. The period culminated with the Indian Independence Act of 1947, which ended British rule, partitioned India into two dominions (India and Pakistan), and empowered the Constituent Assemblies to draft their constitutions.
Regulating Act of 1773
The Regulating Act of 1773 was enacted to establish British control over the East India Company’s activities. It recognized the Company’s dual political and administrative functions and laid the foundation for centralized governance in India. The Act created the post of the Governor-General of Bengal, assisted by an Executive Council of four members, with Lord Warren Hastings as the first Governor-General. It made the Bombay and Madras presidencies subordinate to Bengal, established the Supreme Court in Calcutta (1774), and prohibited Company officials from private trade or accepting bribes. The Act required the Company to report its revenue, civil, and military affairs to the British government, marking the first attempt at regulating the Company’s administration.
The Amending Act of 1781 (Act of Settlement)
This was passed to rectify issues arising from the Regulating Act of 1773. It defined the jurisdiction of the Supreme Court in Calcutta and protected revenue collectors and judicial officers of the Company from prosecution in the Supreme Court for actions taken in their official capacity. It also clarified the legal framework governing the Company’s operations in India.
Pitt’s India Act of 1784
The Pitt’s India Act addressed shortcomings of the Regulating Act and introduced a dual system of governance. It distinguished between the Company’s commercial and political functions, allowing the Court of Directors to manage trade while the newly established Board of Control supervised political matters. The Act marked the first reference to Indian territories as “British possessions,” establishing the supremacy of the British government in administrative matters. It empowered the Board of Control to direct civil and military operations, thereby centralizing authority and ensuring tighter control over the Company’s governance in India.
Charter Act of 1833
The Charter Act of 1833 was a landmark in India’s constitutional evolution, centralizing legislative powers under the Governor-General of India, with Lord William Bentinck as the first Governor-General. The Act abolished the East India Company’s commercial activities, converting it into an administrative body. It proposed an open competition for civil services, aiming to include Indians in administrative roles, though this faced opposition. The Act laid the groundwork for a unified administrative system across British-controlled territories, marking the transition toward a centralized government.
Charter Act of 1853
The Charter Act of 1853 introduced key reforms in governance. It separated legislative and executive functions of the Governor-General’s Council, creating a legislative wing resembling a mini-parliament. It introduced open competition for civil service recruitment, allowing Indians to participate. It also provided local representation in legislative councils and extended the Company’s rule without a fixed term, signaling the Parliament’s authority to terminate it at any time. These reforms marked a significant move toward legislative and administrative modernity.
Government of India Act of 1858
The Government of India Act of 1858 was enacted after the Revolt of 1857 and transferred governance from the East India Company to the British Crown. The Act replaced the Governor-General with the Viceroy of India, with Lord Canning as the first Viceroy. It abolished the dual governance system and created the office of the Secretary of State for India, who had complete authority over Indian administration. This Act formalized direct Crown control, setting the stage for future constitutional developments.
Indian Councils Act of 1861
The Indian Councils Act of 1861 marked the beginning of Indian representation in governance. It allowed the Viceroy to nominate Indian members to the legislative council and decentralized legislative authority by restoring powers to the Bombay and Madras presidencies. It established legislative councils for provinces like Bengal and Punjab and empowered the Viceroy to issue ordinances during emergencies. This Act laid the groundwork for legislative decentralization and provincial autonomy.
Indian Councils Act of 1909 (Morley-Minto Reforms)
The Indian Councils Act of 1909, or Morley-Minto Reforms, expanded legislative councils and introduced communal representation by providing separate electorates for Muslims. It allowed Indians to join the Viceroy’s Executive Council, with Satyendra Prasad Sinha becoming the first Indian law member. While it increased Indian participation in governance, it also institutionalized communalism, creating divisions in the political landscape.
Government of India Act of 1919
The Government of India Act of 1919, or Montagu-Chelmsford Reforms, introduced dyarchy in provinces, separating subjects into transferred (handled by ministers) and reserved (handled by governors) categories. It established bicameral legislatures and introduced direct elections, though suffrage was limited. The Act marked the first step toward responsible government in provinces and expanded communal representation to groups like Sikhs and Indian Christians. However, dyarchy proved largely ineffective in practice.
Government of India Act of 1935
The Government of India Act of 1935 was a comprehensive reform that proposed an All-India Federation (never implemented) and introduced provincial autonomy. It abolished dyarchy in provinces, allowed provinces to function independently in defined spheres, and expanded bicameral legislatures. It extended communal representation and introduced a Federal Court and Reserve Bank of India. Though partially implemented, it served as the basis for India’s constitutional framework after independence.
Indian Independence Act of 1947
The Indian Independence Act of 1947 marked the end of British rule, declaring India an independent and sovereign state. It partitioned India into two dominions, India and Pakistan, with the right to secede from the Commonwealth. The Act abolished the Viceroy’s office, transferring powers to the Governor-General appointed by each dominion. It empowered the Constituent Assemblies to frame their respective constitutions and repealed British laws governing India. This Act was the final step in India’s journey to independence.
