TN History Textbook: Constitutional Development (1858 – 1947) | Old & New NCERTs for IAS Preparation (Must Read) - UPSC PDF Download

 Page 1


195 194
! East India Company’s rule came to an end and the
Indian administration  came under the direct control of
the Crown.
! In England, the Court of Directors and Board of
Control were abolished. In their place came the
Secretary of State for India and India Council were
established. The Secretary of State would be a member
of the British cabinet. Sir Charles Wood was made the
first Secretary of State for India. India Council consisting
of 15 members would assist him.
! The Governor General of India was also made the
Viceroy of India. The first Viceroy of India was Lord
Canning.
! All the previous treaties were accepted and honoured
by the Act.
Queen Victoria’s Proclamation
On 1 November 1858 the Proclamation of Queen Victoria was
announced by Lord Canning at Allahabad. This royal Proclamation
was translated into Indian languages and publicly read in many
important places. It annonced the end of Company’s rule in India
and the Queen’s assumption of the Government of India. It endorsed
the treaty made by the Company with Indian princes and promised to
respect their rights, dignity and honour. It assured the Indian people
equal and impartial protection of law and freedom of religion and
social practices. The Proclamation of Queen Victoria gave a practical
shape to the Act of 1858.
Indian Councils Act of 1861
The Indian Councils Act of 1861 increased the number of
members in the Governor-General’s executive Council from 4 to 5.
Further the Governor-General’s Executive Council was enlarged into
LESSON 19
CONSTITUTIONAL DEVELOPMENT (1858 – 1947)
The history of constitutional development in India begins from
the passing of the Regulating Act in 1773. The Pitt’s India Act of
1784 and the successive Charter Acts from 1793 to 1853 form part
of the constitutional changes under the East India Company’s rule.
The Revolt of 1857 brought about important changes in the British
administration in India. The rule of the East India Company  came to
an end.  The administration of India came under the direct control of
the British Crown. These changes were announced in the Government
of India Act of 1858. The ‘Proclamation of Queen Victoria’  assured
the Indians a benvelont administration. Thereafter, important
development had taken place in constitutional history of India as a
result of the Indian National Movement.
Government of India Act of 1858
The Governemnt of India Act of 1858 was passed by the
Parliament of England and received royal assent on 2
nd
 August 1858.
Following are the main provisions of the Act:
Learning Objectives
Students will come to understand
1. The history of constitutional development from 1858 to
1935.
2. The imporance of the Councils Act of 1861 and 1892.
3. Main provisions of the Minto-Morley Reforms, 1919.
4. The Salient features of the Act of 1919.
5. The Significance of the Government of India Act of 1935.
Page 2


195 194
! East India Company’s rule came to an end and the
Indian administration  came under the direct control of
the Crown.
! In England, the Court of Directors and Board of
Control were abolished. In their place came the
Secretary of State for India and India Council were
established. The Secretary of State would be a member
of the British cabinet. Sir Charles Wood was made the
first Secretary of State for India. India Council consisting
of 15 members would assist him.
! The Governor General of India was also made the
Viceroy of India. The first Viceroy of India was Lord
Canning.
! All the previous treaties were accepted and honoured
by the Act.
Queen Victoria’s Proclamation
On 1 November 1858 the Proclamation of Queen Victoria was
announced by Lord Canning at Allahabad. This royal Proclamation
was translated into Indian languages and publicly read in many
important places. It annonced the end of Company’s rule in India
and the Queen’s assumption of the Government of India. It endorsed
the treaty made by the Company with Indian princes and promised to
respect their rights, dignity and honour. It assured the Indian people
equal and impartial protection of law and freedom of religion and
social practices. The Proclamation of Queen Victoria gave a practical
shape to the Act of 1858.
Indian Councils Act of 1861
The Indian Councils Act of 1861 increased the number of
members in the Governor-General’s executive Council from 4 to 5.
Further the Governor-General’s Executive Council was enlarged into
LESSON 19
CONSTITUTIONAL DEVELOPMENT (1858 – 1947)
The history of constitutional development in India begins from
the passing of the Regulating Act in 1773. The Pitt’s India Act of
1784 and the successive Charter Acts from 1793 to 1853 form part
of the constitutional changes under the East India Company’s rule.
The Revolt of 1857 brought about important changes in the British
administration in India. The rule of the East India Company  came to
an end.  The administration of India came under the direct control of
the British Crown. These changes were announced in the Government
of India Act of 1858. The ‘Proclamation of Queen Victoria’  assured
the Indians a benvelont administration. Thereafter, important
development had taken place in constitutional history of India as a
result of the Indian National Movement.
Government of India Act of 1858
The Governemnt of India Act of 1858 was passed by the
Parliament of England and received royal assent on 2
nd
 August 1858.
Following are the main provisions of the Act:
Learning Objectives
Students will come to understand
1. The history of constitutional development from 1858 to
1935.
2. The imporance of the Councils Act of 1861 and 1892.
3. Main provisions of the Minto-Morley Reforms, 1919.
4. The Salient features of the Act of 1919.
5. The Significance of the Government of India Act of 1935.
197 196
1. The number of “additional members” of the Central Legislative
Council was increased to a maximum of 60. Elected members
were to be 27 and among the remaining 33 nominated members
not more than 28 were to be officials.
2. The principle of election to the councils was legally recognized.
But communal representation was for the first time
introduced in the interests of Muslims. Separate electorates
were provided for the Muslims.
3. The number of members in provincial legislative councils of
major provinces was raised to 50.
4. The Councils were given right to discuss and pass resolutions
on the Budget and on all matters of public interest. However,
the Governor-General had the power to disallow discussion on
the budget.
5. An Indian member was appointed for the first time to the
Governor-General’s Executive Council.  Sir S. P. Sinha was-
the first Indian to be appointed thus.
6. In Bombay and Madras, the number of members of the
Executive Councils was raised from 2 to 4. The practice of
appointing Indians to these Councils began.
7. Two Indians were also appointed to the India Council [in
England].
The Minto- Morley reforms never desired to set up a
parliamentary form of government in India. However, the Moderates
welcomed the reforms as fairly liberal measures. The principle of
separate electorates had ultimately led to the partition of India in
1947.
a Central Legislative Council. Six to tweleve “additional members”
were to be nominated by the Governor-General. Not less than half
of these members were to be non-officials. Thus a provision was
made for the inclusion of Indians in the Legislative Council. The
functions of these members were strictly limited to making legislation
and they were forbidden from interfering in the matters of the
Executive Council.  They did not possess powers of administration
and finance.
Legilative Councils were also established in the provinces. The
number of additional members in the provinces was fixed between
four to eight. So, this Act was an important constitutional development
and the people of India came to be involved in the law malking process.
The mechanism of Indian legislation developed slowly and reinforced
further by the Acts of 1892 and 1909.
Indian Councils Act of 1892
The Indian Councils Act of 1892 was the first achievement of
the Indian National Congress. It had increased the number of
“additional members” in the Central Legislative Council. They were
to be not less than 10 and not more than 16. It had also increased the
proportion of non-officials – 6 officials and 10 non-officials. The
members were allowed to discuss the budget and criticize the financial
policy of the government. In the provinces also the number of
additional members was increased with additional powers.
Minto- Morley Reforms of 1909
The Indian Councils Act of 1909 was also known as Minto-
Morley Reforms in the names of Lord Morley, the Secretary of State
for India and Lord Minto, the Governor-General of India. Both were
responsible for the passing of this Act. It was passed to win the
support of the Moderates in the Congress. The important provisions
of this Act were:
Page 3


195 194
! East India Company’s rule came to an end and the
Indian administration  came under the direct control of
the Crown.
! In England, the Court of Directors and Board of
Control were abolished. In their place came the
Secretary of State for India and India Council were
established. The Secretary of State would be a member
of the British cabinet. Sir Charles Wood was made the
first Secretary of State for India. India Council consisting
of 15 members would assist him.
! The Governor General of India was also made the
Viceroy of India. The first Viceroy of India was Lord
Canning.
! All the previous treaties were accepted and honoured
by the Act.
Queen Victoria’s Proclamation
On 1 November 1858 the Proclamation of Queen Victoria was
announced by Lord Canning at Allahabad. This royal Proclamation
was translated into Indian languages and publicly read in many
important places. It annonced the end of Company’s rule in India
and the Queen’s assumption of the Government of India. It endorsed
the treaty made by the Company with Indian princes and promised to
respect their rights, dignity and honour. It assured the Indian people
equal and impartial protection of law and freedom of religion and
social practices. The Proclamation of Queen Victoria gave a practical
shape to the Act of 1858.
Indian Councils Act of 1861
The Indian Councils Act of 1861 increased the number of
members in the Governor-General’s executive Council from 4 to 5.
Further the Governor-General’s Executive Council was enlarged into
LESSON 19
CONSTITUTIONAL DEVELOPMENT (1858 – 1947)
The history of constitutional development in India begins from
the passing of the Regulating Act in 1773. The Pitt’s India Act of
1784 and the successive Charter Acts from 1793 to 1853 form part
of the constitutional changes under the East India Company’s rule.
The Revolt of 1857 brought about important changes in the British
administration in India. The rule of the East India Company  came to
an end.  The administration of India came under the direct control of
the British Crown. These changes were announced in the Government
of India Act of 1858. The ‘Proclamation of Queen Victoria’  assured
the Indians a benvelont administration. Thereafter, important
development had taken place in constitutional history of India as a
result of the Indian National Movement.
Government of India Act of 1858
The Governemnt of India Act of 1858 was passed by the
Parliament of England and received royal assent on 2
nd
 August 1858.
Following are the main provisions of the Act:
Learning Objectives
Students will come to understand
1. The history of constitutional development from 1858 to
1935.
2. The imporance of the Councils Act of 1861 and 1892.
3. Main provisions of the Minto-Morley Reforms, 1919.
4. The Salient features of the Act of 1919.
5. The Significance of the Government of India Act of 1935.
197 196
1. The number of “additional members” of the Central Legislative
Council was increased to a maximum of 60. Elected members
were to be 27 and among the remaining 33 nominated members
not more than 28 were to be officials.
2. The principle of election to the councils was legally recognized.
But communal representation was for the first time
introduced in the interests of Muslims. Separate electorates
were provided for the Muslims.
3. The number of members in provincial legislative councils of
major provinces was raised to 50.
4. The Councils were given right to discuss and pass resolutions
on the Budget and on all matters of public interest. However,
the Governor-General had the power to disallow discussion on
the budget.
5. An Indian member was appointed for the first time to the
Governor-General’s Executive Council.  Sir S. P. Sinha was-
the first Indian to be appointed thus.
6. In Bombay and Madras, the number of members of the
Executive Councils was raised from 2 to 4. The practice of
appointing Indians to these Councils began.
7. Two Indians were also appointed to the India Council [in
England].
The Minto- Morley reforms never desired to set up a
parliamentary form of government in India. However, the Moderates
welcomed the reforms as fairly liberal measures. The principle of
separate electorates had ultimately led to the partition of India in
1947.
a Central Legislative Council. Six to tweleve “additional members”
were to be nominated by the Governor-General. Not less than half
of these members were to be non-officials. Thus a provision was
made for the inclusion of Indians in the Legislative Council. The
functions of these members were strictly limited to making legislation
and they were forbidden from interfering in the matters of the
Executive Council.  They did not possess powers of administration
and finance.
Legilative Councils were also established in the provinces. The
number of additional members in the provinces was fixed between
four to eight. So, this Act was an important constitutional development
and the people of India came to be involved in the law malking process.
The mechanism of Indian legislation developed slowly and reinforced
further by the Acts of 1892 and 1909.
Indian Councils Act of 1892
The Indian Councils Act of 1892 was the first achievement of
the Indian National Congress. It had increased the number of
“additional members” in the Central Legislative Council. They were
to be not less than 10 and not more than 16. It had also increased the
proportion of non-officials – 6 officials and 10 non-officials. The
members were allowed to discuss the budget and criticize the financial
policy of the government. In the provinces also the number of
additional members was increased with additional powers.
Minto- Morley Reforms of 1909
The Indian Councils Act of 1909 was also known as Minto-
Morley Reforms in the names of Lord Morley, the Secretary of State
for India and Lord Minto, the Governor-General of India. Both were
responsible for the passing of this Act. It was passed to win the
support of the Moderates in the Congress. The important provisions
of this Act were:
199 198
4. A High Commissioner for India at London was appointed.
The most important defect in this Act was the division of
powers under the system of Dyarchy in the provinces.
The Government of India Act of 1935
The Government of India Act of 1935 was passed on the basis
of the report of the Simon Commission, the outcome of the Round
Table Conferences and the White Paper issued by the British
Government in 1933. This Act contained many important changes
over the previous Act of 1919.
Following were the salient features of this Act.
1. Provision for the establishment of an All India Federation at
the Centre, consisting of the Provinces of British India and the
Princely States. (It did not come into existence since the Princely
States refused to give their consent for the union.)
2. Division of powers into three lists: Federal, Provincial and
Concurrent.
3. Introduction of Dyarchy at the Centre. The Governor-General
and his councillors administered the “Reserved subjects”. The
Council of Ministers were responsible for the “Transferred”
subjects.
4. Abolition of Dyarchy and the introduction of Provincial
Autonomy in the provinces. The Governor was made the head
of the Provincial Executive but he was expected to run the
administration on the advice of the Council of Ministers.  Thus
provincial government was entursted to the elected Ministers.
They were responsible  to the popularly elected Legislative
Assemblies.
5. Provincial Legilatures of Bengal, Madras, Bombay, United
Provinces, Bihar and Assam were made bicameral.
Montague-Chelmsford Reforms of 1919
The political developments in India during the First World War
such as the Home Rule Movement led to the August Declaration.
On 20
th
 August, 1917 Montague, the Secretary of State for India
made a momentous declaration in the House of Commons. His
declaration assured the introduction of responsible government in India
in different stages. As a first measure the Government of India Act
of 1919 was passed by the Parliament of England. This Act is
popularly known as Montague-Chelmsford Reforms. At that time
Lord Chelmsford was the Viceroy of India.
The main features of the Act were:
1. Dyarchy was introduced in the provinces. Provincial subjects
were divided into “Reserved Subjects” such as police, jails,
land revenue, irrigation and forests and “Transferred
Subjects” such as education, local self-government, public
health, sanitation, agriculture and industries. The Reserved
subjects were to be administered by the Governor and his
Executive Council. The Transferred subjects by the Governor
and his ministers.
2. A bicameral (Two Chambers) legislature was set up at the
centre. It consisted of the Council of States and the
Legislative Assembly. The total member in the Legislative
Assembly was to be a maximum of 145, out of which 105 were
to be elected and the remaining nominated. In the Council of
States there would be a maximum of 60 members out of which
34 were elected and the remaining nominated.
3. The salaries of the Secretary of State for India and his
assistants were to be paid out of the British revenues. So far,
they were paid out of the Indian revenues.
Page 4


195 194
! East India Company’s rule came to an end and the
Indian administration  came under the direct control of
the Crown.
! In England, the Court of Directors and Board of
Control were abolished. In their place came the
Secretary of State for India and India Council were
established. The Secretary of State would be a member
of the British cabinet. Sir Charles Wood was made the
first Secretary of State for India. India Council consisting
of 15 members would assist him.
! The Governor General of India was also made the
Viceroy of India. The first Viceroy of India was Lord
Canning.
! All the previous treaties were accepted and honoured
by the Act.
Queen Victoria’s Proclamation
On 1 November 1858 the Proclamation of Queen Victoria was
announced by Lord Canning at Allahabad. This royal Proclamation
was translated into Indian languages and publicly read in many
important places. It annonced the end of Company’s rule in India
and the Queen’s assumption of the Government of India. It endorsed
the treaty made by the Company with Indian princes and promised to
respect their rights, dignity and honour. It assured the Indian people
equal and impartial protection of law and freedom of religion and
social practices. The Proclamation of Queen Victoria gave a practical
shape to the Act of 1858.
Indian Councils Act of 1861
The Indian Councils Act of 1861 increased the number of
members in the Governor-General’s executive Council from 4 to 5.
Further the Governor-General’s Executive Council was enlarged into
LESSON 19
CONSTITUTIONAL DEVELOPMENT (1858 – 1947)
The history of constitutional development in India begins from
the passing of the Regulating Act in 1773. The Pitt’s India Act of
1784 and the successive Charter Acts from 1793 to 1853 form part
of the constitutional changes under the East India Company’s rule.
The Revolt of 1857 brought about important changes in the British
administration in India. The rule of the East India Company  came to
an end.  The administration of India came under the direct control of
the British Crown. These changes were announced in the Government
of India Act of 1858. The ‘Proclamation of Queen Victoria’  assured
the Indians a benvelont administration. Thereafter, important
development had taken place in constitutional history of India as a
result of the Indian National Movement.
Government of India Act of 1858
The Governemnt of India Act of 1858 was passed by the
Parliament of England and received royal assent on 2
nd
 August 1858.
Following are the main provisions of the Act:
Learning Objectives
Students will come to understand
1. The history of constitutional development from 1858 to
1935.
2. The imporance of the Councils Act of 1861 and 1892.
3. Main provisions of the Minto-Morley Reforms, 1919.
4. The Salient features of the Act of 1919.
5. The Significance of the Government of India Act of 1935.
197 196
1. The number of “additional members” of the Central Legislative
Council was increased to a maximum of 60. Elected members
were to be 27 and among the remaining 33 nominated members
not more than 28 were to be officials.
2. The principle of election to the councils was legally recognized.
But communal representation was for the first time
introduced in the interests of Muslims. Separate electorates
were provided for the Muslims.
3. The number of members in provincial legislative councils of
major provinces was raised to 50.
4. The Councils were given right to discuss and pass resolutions
on the Budget and on all matters of public interest. However,
the Governor-General had the power to disallow discussion on
the budget.
5. An Indian member was appointed for the first time to the
Governor-General’s Executive Council.  Sir S. P. Sinha was-
the first Indian to be appointed thus.
6. In Bombay and Madras, the number of members of the
Executive Councils was raised from 2 to 4. The practice of
appointing Indians to these Councils began.
7. Two Indians were also appointed to the India Council [in
England].
The Minto- Morley reforms never desired to set up a
parliamentary form of government in India. However, the Moderates
welcomed the reforms as fairly liberal measures. The principle of
separate electorates had ultimately led to the partition of India in
1947.
a Central Legislative Council. Six to tweleve “additional members”
were to be nominated by the Governor-General. Not less than half
of these members were to be non-officials. Thus a provision was
made for the inclusion of Indians in the Legislative Council. The
functions of these members were strictly limited to making legislation
and they were forbidden from interfering in the matters of the
Executive Council.  They did not possess powers of administration
and finance.
Legilative Councils were also established in the provinces. The
number of additional members in the provinces was fixed between
four to eight. So, this Act was an important constitutional development
and the people of India came to be involved in the law malking process.
The mechanism of Indian legislation developed slowly and reinforced
further by the Acts of 1892 and 1909.
Indian Councils Act of 1892
The Indian Councils Act of 1892 was the first achievement of
the Indian National Congress. It had increased the number of
“additional members” in the Central Legislative Council. They were
to be not less than 10 and not more than 16. It had also increased the
proportion of non-officials – 6 officials and 10 non-officials. The
members were allowed to discuss the budget and criticize the financial
policy of the government. In the provinces also the number of
additional members was increased with additional powers.
Minto- Morley Reforms of 1909
The Indian Councils Act of 1909 was also known as Minto-
Morley Reforms in the names of Lord Morley, the Secretary of State
for India and Lord Minto, the Governor-General of India. Both were
responsible for the passing of this Act. It was passed to win the
support of the Moderates in the Congress. The important provisions
of this Act were:
199 198
4. A High Commissioner for India at London was appointed.
The most important defect in this Act was the division of
powers under the system of Dyarchy in the provinces.
The Government of India Act of 1935
The Government of India Act of 1935 was passed on the basis
of the report of the Simon Commission, the outcome of the Round
Table Conferences and the White Paper issued by the British
Government in 1933. This Act contained many important changes
over the previous Act of 1919.
Following were the salient features of this Act.
1. Provision for the establishment of an All India Federation at
the Centre, consisting of the Provinces of British India and the
Princely States. (It did not come into existence since the Princely
States refused to give their consent for the union.)
2. Division of powers into three lists: Federal, Provincial and
Concurrent.
3. Introduction of Dyarchy at the Centre. The Governor-General
and his councillors administered the “Reserved subjects”. The
Council of Ministers were responsible for the “Transferred”
subjects.
4. Abolition of Dyarchy and the introduction of Provincial
Autonomy in the provinces. The Governor was made the head
of the Provincial Executive but he was expected to run the
administration on the advice of the Council of Ministers.  Thus
provincial government was entursted to the elected Ministers.
They were responsible  to the popularly elected Legislative
Assemblies.
5. Provincial Legilatures of Bengal, Madras, Bombay, United
Provinces, Bihar and Assam were made bicameral.
Montague-Chelmsford Reforms of 1919
The political developments in India during the First World War
such as the Home Rule Movement led to the August Declaration.
On 20
th
 August, 1917 Montague, the Secretary of State for India
made a momentous declaration in the House of Commons. His
declaration assured the introduction of responsible government in India
in different stages. As a first measure the Government of India Act
of 1919 was passed by the Parliament of England. This Act is
popularly known as Montague-Chelmsford Reforms. At that time
Lord Chelmsford was the Viceroy of India.
The main features of the Act were:
1. Dyarchy was introduced in the provinces. Provincial subjects
were divided into “Reserved Subjects” such as police, jails,
land revenue, irrigation and forests and “Transferred
Subjects” such as education, local self-government, public
health, sanitation, agriculture and industries. The Reserved
subjects were to be administered by the Governor and his
Executive Council. The Transferred subjects by the Governor
and his ministers.
2. A bicameral (Two Chambers) legislature was set up at the
centre. It consisted of the Council of States and the
Legislative Assembly. The total member in the Legislative
Assembly was to be a maximum of 145, out of which 105 were
to be elected and the remaining nominated. In the Council of
States there would be a maximum of 60 members out of which
34 were elected and the remaining nominated.
3. The salaries of the Secretary of State for India and his
assistants were to be paid out of the British revenues. So far,
they were paid out of the Indian revenues.
201 200
6. Extension of the principle of Separate Electorates to Sikhs,
Europeans, Indian Christians and Anglo Indians.
7. Esatblishment of a Federal Court at Delhi with a Chief Justice
and 6 judges.
The working of the provincial autonomy was not successful.
The Governors were not bound to accept the advice of the ministers.
In reality, the real power in the Provincial Government was with the
Governor. But, despite these drawbacks in the scheme, the Congress
decided to take part in the elections to the Provincial Legislatures
with the consideration that it was an improvement over the previous
Acts.
In accordance with the provisions of the Government of India
Act of 1935 elections to the Provincial Legislatures were held in
February 1937.  The Congress had virtually swept the polls.  On 7
July 1937, after the Viceroy Lord Linlithgow, assured the Congress
of his cooperation, the party formed its ministries in seven provinces.
1750 -
1800
1800 -
1850
1850 -
1900
1900 -
1950
1773  The Regulating Act
1784 The Pitts India Act
1793 The Charter Act
1813 The Charter Act
1833 The Charter Act
1853 The Charter Act
1858 The Government of  India Act
1861 The Indian Councils Act
1892 The Indian Councils Act
1909 The Indian Councils Act (Minto-Morley Reforms)
1919  The Government of India Act (Montford Reforms)
1935 Government of India Act
Constitutional Constitutional Constitutional Constitutional Constitutional
Developments Developments Developments Developments Developments
Page 5


195 194
! East India Company’s rule came to an end and the
Indian administration  came under the direct control of
the Crown.
! In England, the Court of Directors and Board of
Control were abolished. In their place came the
Secretary of State for India and India Council were
established. The Secretary of State would be a member
of the British cabinet. Sir Charles Wood was made the
first Secretary of State for India. India Council consisting
of 15 members would assist him.
! The Governor General of India was also made the
Viceroy of India. The first Viceroy of India was Lord
Canning.
! All the previous treaties were accepted and honoured
by the Act.
Queen Victoria’s Proclamation
On 1 November 1858 the Proclamation of Queen Victoria was
announced by Lord Canning at Allahabad. This royal Proclamation
was translated into Indian languages and publicly read in many
important places. It annonced the end of Company’s rule in India
and the Queen’s assumption of the Government of India. It endorsed
the treaty made by the Company with Indian princes and promised to
respect their rights, dignity and honour. It assured the Indian people
equal and impartial protection of law and freedom of religion and
social practices. The Proclamation of Queen Victoria gave a practical
shape to the Act of 1858.
Indian Councils Act of 1861
The Indian Councils Act of 1861 increased the number of
members in the Governor-General’s executive Council from 4 to 5.
Further the Governor-General’s Executive Council was enlarged into
LESSON 19
CONSTITUTIONAL DEVELOPMENT (1858 – 1947)
The history of constitutional development in India begins from
the passing of the Regulating Act in 1773. The Pitt’s India Act of
1784 and the successive Charter Acts from 1793 to 1853 form part
of the constitutional changes under the East India Company’s rule.
The Revolt of 1857 brought about important changes in the British
administration in India. The rule of the East India Company  came to
an end.  The administration of India came under the direct control of
the British Crown. These changes were announced in the Government
of India Act of 1858. The ‘Proclamation of Queen Victoria’  assured
the Indians a benvelont administration. Thereafter, important
development had taken place in constitutional history of India as a
result of the Indian National Movement.
Government of India Act of 1858
The Governemnt of India Act of 1858 was passed by the
Parliament of England and received royal assent on 2
nd
 August 1858.
Following are the main provisions of the Act:
Learning Objectives
Students will come to understand
1. The history of constitutional development from 1858 to
1935.
2. The imporance of the Councils Act of 1861 and 1892.
3. Main provisions of the Minto-Morley Reforms, 1919.
4. The Salient features of the Act of 1919.
5. The Significance of the Government of India Act of 1935.
197 196
1. The number of “additional members” of the Central Legislative
Council was increased to a maximum of 60. Elected members
were to be 27 and among the remaining 33 nominated members
not more than 28 were to be officials.
2. The principle of election to the councils was legally recognized.
But communal representation was for the first time
introduced in the interests of Muslims. Separate electorates
were provided for the Muslims.
3. The number of members in provincial legislative councils of
major provinces was raised to 50.
4. The Councils were given right to discuss and pass resolutions
on the Budget and on all matters of public interest. However,
the Governor-General had the power to disallow discussion on
the budget.
5. An Indian member was appointed for the first time to the
Governor-General’s Executive Council.  Sir S. P. Sinha was-
the first Indian to be appointed thus.
6. In Bombay and Madras, the number of members of the
Executive Councils was raised from 2 to 4. The practice of
appointing Indians to these Councils began.
7. Two Indians were also appointed to the India Council [in
England].
The Minto- Morley reforms never desired to set up a
parliamentary form of government in India. However, the Moderates
welcomed the reforms as fairly liberal measures. The principle of
separate electorates had ultimately led to the partition of India in
1947.
a Central Legislative Council. Six to tweleve “additional members”
were to be nominated by the Governor-General. Not less than half
of these members were to be non-officials. Thus a provision was
made for the inclusion of Indians in the Legislative Council. The
functions of these members were strictly limited to making legislation
and they were forbidden from interfering in the matters of the
Executive Council.  They did not possess powers of administration
and finance.
Legilative Councils were also established in the provinces. The
number of additional members in the provinces was fixed between
four to eight. So, this Act was an important constitutional development
and the people of India came to be involved in the law malking process.
The mechanism of Indian legislation developed slowly and reinforced
further by the Acts of 1892 and 1909.
Indian Councils Act of 1892
The Indian Councils Act of 1892 was the first achievement of
the Indian National Congress. It had increased the number of
“additional members” in the Central Legislative Council. They were
to be not less than 10 and not more than 16. It had also increased the
proportion of non-officials – 6 officials and 10 non-officials. The
members were allowed to discuss the budget and criticize the financial
policy of the government. In the provinces also the number of
additional members was increased with additional powers.
Minto- Morley Reforms of 1909
The Indian Councils Act of 1909 was also known as Minto-
Morley Reforms in the names of Lord Morley, the Secretary of State
for India and Lord Minto, the Governor-General of India. Both were
responsible for the passing of this Act. It was passed to win the
support of the Moderates in the Congress. The important provisions
of this Act were:
199 198
4. A High Commissioner for India at London was appointed.
The most important defect in this Act was the division of
powers under the system of Dyarchy in the provinces.
The Government of India Act of 1935
The Government of India Act of 1935 was passed on the basis
of the report of the Simon Commission, the outcome of the Round
Table Conferences and the White Paper issued by the British
Government in 1933. This Act contained many important changes
over the previous Act of 1919.
Following were the salient features of this Act.
1. Provision for the establishment of an All India Federation at
the Centre, consisting of the Provinces of British India and the
Princely States. (It did not come into existence since the Princely
States refused to give their consent for the union.)
2. Division of powers into three lists: Federal, Provincial and
Concurrent.
3. Introduction of Dyarchy at the Centre. The Governor-General
and his councillors administered the “Reserved subjects”. The
Council of Ministers were responsible for the “Transferred”
subjects.
4. Abolition of Dyarchy and the introduction of Provincial
Autonomy in the provinces. The Governor was made the head
of the Provincial Executive but he was expected to run the
administration on the advice of the Council of Ministers.  Thus
provincial government was entursted to the elected Ministers.
They were responsible  to the popularly elected Legislative
Assemblies.
5. Provincial Legilatures of Bengal, Madras, Bombay, United
Provinces, Bihar and Assam were made bicameral.
Montague-Chelmsford Reforms of 1919
The political developments in India during the First World War
such as the Home Rule Movement led to the August Declaration.
On 20
th
 August, 1917 Montague, the Secretary of State for India
made a momentous declaration in the House of Commons. His
declaration assured the introduction of responsible government in India
in different stages. As a first measure the Government of India Act
of 1919 was passed by the Parliament of England. This Act is
popularly known as Montague-Chelmsford Reforms. At that time
Lord Chelmsford was the Viceroy of India.
The main features of the Act were:
1. Dyarchy was introduced in the provinces. Provincial subjects
were divided into “Reserved Subjects” such as police, jails,
land revenue, irrigation and forests and “Transferred
Subjects” such as education, local self-government, public
health, sanitation, agriculture and industries. The Reserved
subjects were to be administered by the Governor and his
Executive Council. The Transferred subjects by the Governor
and his ministers.
2. A bicameral (Two Chambers) legislature was set up at the
centre. It consisted of the Council of States and the
Legislative Assembly. The total member in the Legislative
Assembly was to be a maximum of 145, out of which 105 were
to be elected and the remaining nominated. In the Council of
States there would be a maximum of 60 members out of which
34 were elected and the remaining nominated.
3. The salaries of the Secretary of State for India and his
assistants were to be paid out of the British revenues. So far,
they were paid out of the Indian revenues.
201 200
6. Extension of the principle of Separate Electorates to Sikhs,
Europeans, Indian Christians and Anglo Indians.
7. Esatblishment of a Federal Court at Delhi with a Chief Justice
and 6 judges.
The working of the provincial autonomy was not successful.
The Governors were not bound to accept the advice of the ministers.
In reality, the real power in the Provincial Government was with the
Governor. But, despite these drawbacks in the scheme, the Congress
decided to take part in the elections to the Provincial Legislatures
with the consideration that it was an improvement over the previous
Acts.
In accordance with the provisions of the Government of India
Act of 1935 elections to the Provincial Legislatures were held in
February 1937.  The Congress had virtually swept the polls.  On 7
July 1937, after the Viceroy Lord Linlithgow, assured the Congress
of his cooperation, the party formed its ministries in seven provinces.
1750 -
1800
1800 -
1850
1850 -
1900
1900 -
1950
1773  The Regulating Act
1784 The Pitts India Act
1793 The Charter Act
1813 The Charter Act
1833 The Charter Act
1853 The Charter Act
1858 The Government of  India Act
1861 The Indian Councils Act
1892 The Indian Councils Act
1909 The Indian Councils Act (Minto-Morley Reforms)
1919  The Government of India Act (Montford Reforms)
1935 Government of India Act
Constitutional Constitutional Constitutional Constitutional Constitutional
Developments Developments Developments Developments Developments
203 202
MODEL QUESTIONS
I. Choose the correct answer.
1. Which among the folowing was the provision of the Government
of India Act of 1858?
(a) Creation of Court of Directors and Board of Control
(b) Extension of Company’s rule for twenty years
(c) Establishment of India Council with fifteen members
(d) Cancellation of all previous treaties.
2. Which Act legally recognized the principle of election to the
legislative councils?
(a) Act of 1861 (b) Act of 1892
(c) Act of 1909 (d) Act of 1919
II. Fill in the blanks.
1. The Government of India Act of 1919 was passed during the
Viceroyalty of ……
2. The Government of India Act of 1935 introduced …… in the
provinces.
3. The first Indian law member to the Governor General’s Council
was …..
III. Match the following.
1. Secretary of State for India a. 1935
2. Dyarchy in the provinces b. 1909
3. All India Federation c. 1919
4. Introduction of Sperate Electorate d. 1858
Learning Outcome
After studying this lesson the student has understood that
1. The changes effected under the Act of 1858 and the
importance of Queen’s Proclamation.
2. The expansion of central and provincial legislatures by the
Acts of 1861 and 1892.
3. The intrduction of the priciple of election and also Separate
Electorates to the Muslims by the Act of 1909.
4. The introduction of Dyarchy in the provinces and the
division of subjects into “Reserved” and “Transferred’ by
the Act of 1919.
5. The Provincial Autonomy was intrduced by the Act of 1935
but with limited powere to Indian ministers.