Laxmikanth Test: Historical Development of the Constitution of India- 2 - UPSC

The Regulating Act, 1773, passed by the British Parliament, was the first step towards the centralization of the administration of India. The Act introduced several changes in the administration of British India, and one of its key provisions was the establishment of the Supreme Court of Calcutta in 1774. The Supreme Court of Calcutta was the first high court in India and had jurisdiction over the presidency of Fort William, which included Bengal, Bihar, and Orissa.

Therefore, the correct answer is option B, Regulating Act, 1773.

Important provisions of the Government of India Act, 1935:

• Established 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 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.

Answer. A;

• This statement is not a feature of the Regulating Act of 1773. The Board of Control was actually established by the Act of 1784, not the Regulating Act of 1773.
• This act, also known as Pitt's India Act, was designed to address the shortcomings of the 1773 Act. The Board of Control was created to oversee the activities of the East India Company's management in India. It was specifically tasked with managing political, military, and revenue affairs.
• The other three options are true about the Regulating Act of 1773. It was the first act passed by the British Parliament to regulate the affairs of the East India Company in India.
• It marked a significant step towards establishing political and administrative control over the company’s Indian territories.
• It designated the Governor of Bengal as the “Governor-General of Bengal”, made the governors of Bombay and Madras subordinate to the Governor-General of Bengal, and also prohibited the company’s servants from engaging in private trade or accepting presents from natives.
• This was done to curb the corruption and malpractices prevalent among the company's officials.

The Charter Act of 1853 introduced local representation in the Indian (Central) Legislative Council, which meant that a certain number of members were to be elected by the local boards and universities. It also provided for the separation of the executive and legislative functions of the Governor General's Council. This Act increased the number of members in the Legislative Council and established a new Legislative Council for Bengal Presidency.

Therefore, the correct answer is C: Charter Act, 1853.

• .

• Imperial Legislative Council was formed by the Indian Councils Act, 1861.
• Board of Control was established by the Pitt’s India Act, 1784.
• Council of India was formed by the Government of India Act, 1858.

The Constitution of India was adopted by the Constituent Assembly on November 26, 1949. The Constituent Assembly was formed in 1946 under the Cabinet Mission Plan to draft a constitution for India. The Constitution was adopted after a two-year-long process of drafting, discussion, and amendments. It came into effect on January 26, 1950, marking the beginning of India as a Republic.

The correct answer is 3 only.

• The elective principle was recognized for the nonofficial membership of the councils in India.
• Indians were allowed to participate in the election of various legislative councils, though on the basis of class and community.
• For the first time, separate electorates for Muslims for election to the central council was established—a most detrimental step for India.
• The number of elected members in the Imperial Legislative Council and the Provincial Legislative Councils was increased.
• According to Sumit Sarkar, in the Imperial Legislative Council, of the total 69 members, 37 were to be the officials and of the 32 non-officials, 5 were to be nominated.
• Of the 27 elected non-officials, 8 seats were reserved for the Muslims under separate electorates (only Muslims could vote here for the Muslim candidates), while 4 seats were reserved for the British capitalists, 2 for the landlords and 13 seats came under general electorate.
• The separate electorates for Sikhs, Indian Christians were provided in the 1919 Government of India Act. Hence, statement 1 is NOT correct.
• The elected members were to be indirectly elected. Hence, statement 2 is NOT correct.
• The local bodies were to elect an electoral college, which in turn would elect members of provincial legislatures, who in turn would elect members of the central legislature.
• Besides separate electorates for the Muslims, representation in excess of the strength of their population was accorded to the Muslims.
• Also, the income qualification for Muslim voters was kept lower than that for Hindus.
• One Indian was to be appointed to the viceroy’s executive council (Satyendra Sinha was the first Indian to be appointed in 1909). Hence, Statement 3 is correct.

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. 

The Correct Option is D: 1 and 5 only
Explanation:
The Government of India Act, 1858, was enacted after the Indian Rebellion of 1857, which led to significant changes in the governance of India. The main provisions of the Act were:
1. Company rule was replaced by Crown rule: The rule of the British East India Company was abolished, and the administration of India was transferred to the British Crown. This meant that the British government would directly govern India.
5. Creation of a new office of Secretary of State for India: The Act established the office of the Secretary of State for India, who was a member of the British Cabinet. This person was responsible for overseeing the administration of India and communicating between the British government and the Indian administration.
The other options mentioned are not provisions of the Government of India Act, 1858:
2. Establishment of Board of Control over the Court of Directors: This provision was part of the earlier Pitt's India Act of 1784, which established the Board of Control to oversee the activities of the British East India Company.
3. Indians were allowed to take part in Indian Civil Services: This provision was introduced later, in the Indian Councils Act of 1861.
4. Separating the executive and legislative functions of the Governor-General: This provision was also introduced later, in the Indian Councils Act of 1861.

1909 Act is also known as Morley-Minto Reforms (Lord Morley was the then Secretary of State for India and Lord Minto was the then Viceroy of India). It was to appease the moderates. 
1. It increased the size of Central and provincial legislative councils. 
2. The number of members in the Central Legislative Council was raised from 16 to 60. 
3. The number of members in the provincial legislative councils was not uniform.
4. It retained official majority in the Central Legislative Council (majority of British officials) 
5. However, it allowed the provincial legislative councils to have non-official majority. 
6. It enlarged the deliberative functions (right to discuss and ask questions) of the legislative councils at both the levels. 
7. For example, members could move resolutions on the budget, ask supplementary questions, etc. 
8. For the first time, it provided for the association of Indians with the executive Councils of the Viceroy and Governors. 
9. Satyendra Prasad Sinha became the first Indian to join the Viceroy’s Executive Council. He was appointed as the law member. 
10. It introduced ‘separate electorate’, a system of communal representation for Muslims. 
11. Under this, the Muslim members were to be elected only by Muslim voters. 
12. Thus, the Act ‘legalized communalism’ and Lord Minto came to be known as the Father of Communal Electorate.
13. It also provided for the separate representation of presidency corporations, chambers of commerce, universities and zamindars.

The Indian Councils Act of 1861 was a significant act passed during British India that introduced significant changes to the Governor-General's Council. One of the key provisions of this act was the empowerment of the Viceroy to issue ordinances in times of emergency without the need for the approval of the Legislative Council. This allowed the British government to maintain control and take immediate action during crises or emergencies.