Laxmikanth Test: Historical Development of the Constitution of India- 4 - BPSC (Bihar) MCQ

Features of the Regulating Act, 1773:

• The act was the first attempt to regularize company affairs in India.

• It laid the foundation of Central Administration in India.

• Governor of Bengal became Governor-General of Bengal. (Lord Warren Hastings was the first Governor General of Bengal)

• Created Executive Council of 4 members to assist Governor General of Bengal.

• Made Governors of Madras and Bombay presidencies subordinate to Governor-General of Bengal.

• Provisioned for setting up the Supreme Court of Calcutta with 1 Chief justice and 3 other judges.

• Prohibited the servants of company from indulging in any private trade and accepting bribes from locals.

• Provisioned for the Court of Directors of the Company to report the British Government regarding Company’s revenue, civil and military affairs in India.

The provision that is not true regarding the Indian Councils Act, 1892, is:

1. Questions could be asked, but supplementary could not be.

This statement is not accurate. The Indian Councils Act, 1892, did allow questions to be asked, and supplementary questions could also be asked for further clarification. Therefore, option 1 is incorrect.

Features of the Government of India Act, 1919:

• Also known as the Montagu-Chelmsford Reforms.

• Separated Central and Provincial subjects. Provincial subjects were further divided into transferred subjects and reserved subjects. Transferred subjects were to be governed by the Governor with the aid of ministers of the legislative council and the reserved subjects by Governor with his executive council.

• Introduced bicameralism and direct elections in the country. 

• Provisioned for 3 out of 6 members of the Viceroy’s executive council were to be Indian.

• Provided for separate electorates for Sikhs, Indian Christians, Anglo-Indians and Europeans also.

• Granted franchise to a limited number of people based on property, tax or education.

• Created new office of High Commissioner for India in London.

• Provided for setting up a Central Service Commission for recruiting civil servants.

• Separated provincial budgets from the Central budget and authorized the provincial legislatures to enact their budgets.

The Charter Act of 1813 authorized local governments of the India to levy taxes from locals. They can also punish the person on non-payment of taxes.

Lord Ripon introduced the concept of Local-Self Government in British India in 1882. Thus, he is known as father of Indian Local Self-Government. In 1907 Royal Commission was formed to look into the matters related to further strengthening these Local-Self Government Institutions.

Correct option is. All of these

Explanation: (a) The Government of India Act 1935 provided for the establishment of provincial autonomy, replacing the system of diarchy introduced by the Government of India Act 1919 with a system where elected Indian ministers had the responsibility and authority to govern the provinces.

(b) The Act also provided for the establishment of the Federal Court, which was the precursor to the present-day Supreme Court of India.

(c) Furthermore, the Act led to the establishment of the Reserve Bank of India, which was tasked with regulating the issuance of banknotes and the keeping of reserves with a view to securing monetary stability in India.

In 1927, the British Government appointed a 7-member statutory commission under the chairmanship of Sir John Simon to report on the condition of India under its new constitution. The commission submitted its report in 1930 and recommended the abolition of diarchy, extension of responsible Government in the provinces, establishment of a federation of British India and princely states, continuation of communal electorates and so on. The recommendations of the commission were incorporated in the Government of India Act, 1935. 

Charter Act of 1833 made the Governor-General of Bengal as the Governor-General of India and vested in him all civil and military powers. Thus, the act created, for the first time, a Government of India having authority over the entire territorial area possessed by the British in India. Lord William Bentick was the first governor-general of India.
  
Hence, D is the correct option.

The Correct options is B : 1,2 and 3

The following is a breakdown of the accuracy of the given statements:

Explanation:
1. Pitt's India Act of 1784 was indeed passed to rectify the defects of the Regulating Act of 1773. The earlier act had attempted to regulate the affairs of the East India Company but was deemed insufficient. The Pitt's India Act sought to rectify this by establishing a dual system of control by the British government and the East India Company.
2. In 1858, following the Sepoy Mutiny (also known as the Indian Rebellion of 1857), the British Crown did assume direct responsibility for the governance of India. This marked the end of the rule of the East India Company and the beginning of the British Raj.
3. The Supreme Court of Calcutta was indeed established as per the provisions of the Regulating act of 1773. The Act led to the establishment of a Supreme Court in Calcutta in 1774, marking the beginning of a formal system of judiciary in India.

Provisions of the Government of India Act, 1858:

• Post 1857 revolt British Government took control over entire territory of India under Company rule. The act is also known as the Act of Good Government of India.

• Changed the post of Governor-General of India to Viceroy of India and made him the representative of British Crown in India. (Lord Canning was the first Viceroy of India)

• Abolished the Board of Control and Court of Directors.

• Created office of Secretary of State for India, vested with complete authority and control over Indian administration. 

• Created a 15 member Council of India to assist the Secretary of State for India.

Provisions under the Charter Act, 1853:

• Separated legislative and executive functions of the Governor-General’s Council.

• Provided for a separate 6 members Indian Legislative Council to function as mini parliament. 

• Provisioned for open competition system for Indian Civil Services for Indians also.

• Introduced local representation in the Indian (Central) Legislative Council. (out of 6 members 4 to be appointed by the local governments of Madras, Bombay, Bengal and Agra)

Features of the Government of India Act, 1935:

• Provided for the establishment of an All India Federation consisting of provinces and princely states as units.

• Divided powers into three lists: Federal list (for Centre, with 59 items), Provincial list (for Provinces, with 54 items) and the Concurrent list (for both, with 36 items). The Viceroy was empowered with all the residuary powers.

• Abolished dyarchy in the provinces and introduced provincial autonomy. It introduced responsible Governments in provinces where the Governor needed to work on advice of ministers responsible to the provincial legislature.

• Provided for adoption of dyarchy at the Centre. Federal subjects were divided into transferred subjects and reserved subjects.

• Introduced bicameralism in 6 out of 11 provinces (Bengal, Bombay, Madras, Bihar, Assam and the United Provinces).

• Provisioned for separate electorates for depressed classes (Scheduled Castes), women and labour.

• Abolished the Council of India.

• Established Reserve Bank of India to control currency and credit of the country.

• Established Federal Public Service Commission, Provincial Public Service Commission and Joint Public Service Commission.

• Provided for setting up a Federal Court.

Features of Indian Councils Act, 1861:

• Empowered the Viceroy to nominate some Indians as the non-official members under his expanded council. (Lord Canning nominated 3 Indians: the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao)

• Decentralized legislative powers by empowering the Bombay and Madras Presidencies.

• Provided for the establishment of new legislative councils for Bengal, North-Western Provinces and Punjab.

• The act established the Portfolio system in Indian administration. It empowered the Viceroy to make rules and orders for better functioning of the Council and made members of the council in-charge of and authorized to issue orders regarding one or more departments of the Government allocated to them.

• Empowered the Viceroy of India to issue ordinances in emergency without the concurrence of the legislative council and with a validity of 6 months.

Features of the Government of India Act, 1935:

• Provided for the establishment of an All India Federation consisting of provinces and princely states as units.

• Divided powers into three lists: Federal list (for Centre, with 59 items), Provincial list (for Provinces, with 54 items) and the Concurrent list (for both, with 36 items). The Viceroy was empowered with all the residuary powers.

• Abolished dyarchy in the provinces and introduced provincial autonomy. It introduced responsible Governments in provinces where the Governor needed to work on advice of ministers responsible to the provincial legislature.

• Provided for adoption of dyarchy at the Centre. Federal subjects were divided into transferred subjects and reserved subjects.

• Introduced bicameralism in 6 out of 11 provinces (Bengal, Bombay, Madras, Bihar, Assam and the United Provinces). Council of States to be elected directly.

• Divided Federal Budget in 80 percent non-votable part which could not be discussed or amended in the legislature and the remaining 20 percent of the whole budget which could be discussed or amended in the Federal Assembly.

• Provisioned for separate electorates for depressed classes (Scheduled Castes), women and labour.

• Abolished the Council of India.

• Established Reserve Bank of India to control currency and credit of the country.

• Established Federal Public Service Commission, Provincial Public Service Commission and Joint Public Service Commission.

• Provided for setting up a Federal Court.

• The main source of the Indian Constitution is the Government of India Act 1935.
• Government of India Act, 1935 was the longest act of Parliament.
• It was commenced on 1st April 1937.
• Under this act, the Reserve Bank of India was established, dyarchy was removed, and the Federal court was established.
• The residuary power was also given to Viceroy.
• So many features were borrowed from this act such as the Federal Scheme, the office of Governor, Public service commission, and Administrative details.
• The Constitution of 1950 was a by-product of the legacy started by the Government of India Act 1935. 
• It also established a Federation of India consisting of the provinces of British India and most of the princely states.
• Indian Constitution came into existence on 26th November 1949.
• The Constituent Assembly of 299 members drafted the constitution considering features of constitutions of the other countries as well as from the Government of India Act 1935.

Correct answer is D.

Provisions of the Indian Independence Act, 1947:

• The Indian Independence Act, 1947 ended the British rule in India and declare India as an independent and sovereign state from August 5, 1947. 

• It provisioned for partition of India and Pakistan as two independent dominions with right to secede from the British Commonwealth. 

• It empowered the Constituent Assemblies of the two nations to frame and adopt any constitution of their respective nations and to repeal any act of the British Parliament including the Independence Act itself.

• It abolished the office of Secretary of State for India and transferred his powers to the Secretary of State for Commonwealth Affairs.

• It deprived the British Monarch of his right to veto bills or ask for reservation of certain bills for his approval. 

• It designated the Governor-General of India and provincial governors as constitutional (nominal) heads of the states.

• It dropped the title of Emperor of India from the royal titles of the King of England.

In 1932 Ramsay MacDonald announced a scheme of representation of Minorities called Communal Award. It continued the provision of separate electorate for Muslims, Sikhs, Indian Christians, Anglo-Indians and Europeans and extended it to the depressed class as well. Gandhiji opposed the idea of extending the principle of separate electorates to depressed class and undertook fast unto death in Yeravada Jail, Poona. As a result of which the Poona pact was signed between Gandhi ji and B.R. Ambedkar to retain Hindu joint electorate but reservation of seats for depressed class.

Cabinet Mission was appointed in 1946 by the British Government, which recommended:

• The unity of India had to be retained.

• It proposed a very loose union of all the Indian territories under a centre that would control merely defence, the Foreign Affairs and the Commutation. The Union would have the powers necessary to raise the finances to manage these subjects.

• All subjects other than Union subjects and residuary power would vest in the provinces of British India.

• The Princely Legislatures would then elect a Constituent Assembly or a Constitution making body with each province being allotted a specified number of seats proportionate to its population.

• The proposed Constituent Assembly was to consist was to consist of 292 member from British India and 93 from Indian States.

• The Mission proposed an immediate formation of Interim Government at the centre, enjoying the support of major political parties and with the Indians holding all the portfolios.

The British PM C.R. Attlee Government on 19th February 1946 announced in the House of Lords about the mission and the plan to quit India. A high-powered mission of three British Cabinet members: Lord Pethick Lawrence, Sir Stafford Cripps and A.V. Alexander which reached India on 24th March 1946.

On 15th August 1947, the British rule came to an end and power was transferred to the dominion of India. Lord Mountbatten became the first Governor General of the new dominion of India and C. Rajagopalachari was the only Indian to become Governor-General of India.

Additional Information 

• Lord Mountbatten became the first Governor-General of the new Dominion of India.
• He swore in Jawaharlal Nehru as the first Prime Minister of independent India.
• The Constituent Assembly of India formed in 1946 became the Parliament of the Indian Dominion.
• Muhammad Ali Jinnah became the first Governor-General of Dominion of Pakistan.

Hence, the correct option is 'A'.

In 1765 after the Battle of Buxar Shah Alam granted Diwani rights to the British East India Company which established the political rights of the Company in India. Before that the Company was puring a trading entity but later it got the rights over revenue and civil justice of Bengal.