Historical Background of the
Indian Constitution

The roots of the Indian Constitution can be traced back
to a series of regulations and legislative acts enacted before India gained
independence. These developments gradually shaped the political and
administrative framework that continues to influence the present system of
governance.

Before 1947, India was divided into two major parts — British
India, which included 11 provinces directly under British rule, and the Princely
States, which were governed by Indian rulers under British supervision
through the subsidiary alliance system. After independence, these two entities
came together to form the Indian Union. However, several administrative
and legal traditions established during British rule still remain part of
India’s governance today.

Table of Contents

• Historical
  Background of the Indian Constitution
• Regulating
  Act of 1773
• Pitt’s
  India Act of 1784
• Charter
  Act of 1813
• Charter
  Act of 1833
• Charter
  Act of 1853
• Government
  of India Act of 1858
• Indian
  Councils Act of 1861
• Indian
  Councils Act of 1892
• Indian
  Councils Act of 1909
• Government
  of India Act of 1919
• Government
  of India Act of 1935
• Indian
  Independence Act of 1947
• Points
  to Remember

Historical Background of the
Indian Constitution

India follows a parliamentary form of democracy
where the executive is accountable to the legislature. The Parliament
consists of two houses — the Lok Sabha and the Rajya Sabha. India
also follows a federal system, with separate governments at the central
and state levels, as well as institutions for local self-government.

These democratic and administrative systems owe much to
British rule. The development of the Indian Constitution is, therefore, deeply
linked to a long series of British legislative measures introduced over nearly
two centuries.

Regulating Act of 1773

• The
  first attempt by the British Parliament to regulate the East India
  Company’s affairs in India.
• Made
  the Governor of Bengal the Governor-General of Bengal (Warren
  Hastings was the first).
• Established
  an Executive Council of four members (no separate legislature).
• Governors
  of Bombay and Madras were made subordinate to the Governor-General of
  Bengal.
• Set up
  the Supreme Court at Calcutta in 1774.
• Banned
  Company officials from private trade or accepting bribes.
• Required
  the Court of Directors to report revenue matters to Parliament.

Pitt’s India Act of 1784

• Separated
  the commercial and political responsibilities of the East
  India Company.
• Created
  a Board of Control for political affairs and a Court of
  Directors for commerce.
• Reduced
  the Governor-General’s council to three members.
• Placed
  Indian administration under direct supervision of the British
  Government.
• Referred
  to Company territories as “British possessions in India.”
• Established
  separate Governor’s Councils for Madras and Bombay.

Charter Act of 1813

• Ended
  the Company’s trade monopoly in India, opening Indian trade to all British
  merchants.

Charter Act of 1833

• Redesignated
  the Governor-General of Bengal as the Governor-General of India
  (Lord William Bentinck was the first).
• Marked
  the final step toward centralization of administration in India.
• Established
  a central legislature by removing the legislative powers of Bombay
  and Madras.
• Transformed
  the East India Company into an administrative body rather than a
  commercial one.

Charter Act of 1853

• Separated
  legislative and executive functions of the Governor-General’s
  Council.
• Created
  a Central Legislative Council with six members (four nominated by
  provinces).
• Introduced
  open competition for civil service recruitment, laying the
  foundation of the Indian Civil Service (ICS).

Government of India Act of
1858

• Transferred
  authority from the East India Company to the British Crown.
• Created
  the office of the Secretary of State for India, assisted by a
  15-member Council of India.
• The Governor-General
  became the Viceroy of India (Lord Canning was the first).
• Abolished
  the Board of Control and Court of Directors.

Indian Councils Act of 1861

• Introduced
  Indian representation in the Viceroy’s Legislative Council (3
  Indian members).
• Allowed
  legislative councils in provinces.
• Recognized
  the portfolio system in administration.
• Began decentralization
  by restoring legislative powers to Bombay and Madras.

Indian Councils Act of 1892

• Expanded
  legislative councils and introduced indirect elections (through
  nominations).
• Allowed
  councils to discuss the budget and question the executive.

Indian Councils Act of 1909
(Morley-Minto Reforms)

• Introduced
  direct elections for the first time.
• Increased
  Central Legislative Council membership from 16 to 60.
• Renamed
  it the Imperial Legislative Council.
• Introduced
  communal representation for Muslims (separate electorates).
• Included
  Indians in the Viceroy’s Executive Council for the first time (S.P.
  Sinha as Law Member).

Government of India Act of
1919 (Montagu-Chelmsford Reforms)

• Divided
  subjects between Central and Provincial governments.
• Introduced
  Dyarchy in provinces — subjects divided into transferred and
  reserved.
• Introduced
  bicameral legislature at the Centre: Legislative Assembly (140
  members) and Council (60 members).
• Provided
  for direct elections and inclusion of Indians in the Executive
  Council.
• Established
  the Public Service Commission.

Government of India Act of
1935

• Proposed
  an All-India Federation (never implemented).
• Divided
  powers between Centre and Provinces into Federal, Provincial, and
  Concurrent Lists (59, 54, and 36 subjects respectively).
• Granted
  Provincial Autonomy, ending dyarchy at the provincial level.
• Introduced
  dyarchy at the Centre (not implemented).
• Established
  bicameral legislatures in six provinces.
• Created
  the Federal Court and abolished the Council of India.

Indian Independence Act of
1947

• Declared
  India an independent and sovereign nation.
• Created
  responsible governments at both Central and Provincial levels.
• Made
  the Viceroy and Governors constitutional heads.
• Gave
  the Constituent Assembly both legislative and
  constitution-making powers.

Points to Remember

• Laws
  before the Charter Act of 1833 were called Regulations;
  later ones were Acts.
• Warren
  Hastings created the District Collector’s office in 1772;
  Cornwallis later separated its judicial functions.
• Over
  time, India’s administration evolved from absolute executive control
  to a responsible government.
• The portfolio
  system and budgeting marked the beginning of separation of
  powers.
• Lord Mayo
  (1870) initiated financial decentralization; Lord Ripon
  (1882) promoted local self-government (known as the Father of Local
  Self-Government).
• The Railway
  Budget was separated in 1924.
• From
  1773 to 1858, the British emphasized centralization, while after
  1861, the focus shifted to decentralization.
• The Charter
  Act of 1833 was the most significant law before 1909.
• Until
  1947, the Government of India largely operated under the 1919 Act,
  as many features of the 1935 Act were never implemented.
• The Executive
  Council evolved into the modern Council of Ministers, and the Legislative
  Assembly and Council became today’s Lok Sabha and Rajya Sabha.