Constitutional Development under British Rule

Modern Indian HistoryFree during launch
General Awareness: all chapters
The Old Secretariat building in Delhi, now the Delhi Vidhan Sabha
The Old Secretariat, Delhi, now the Delhi Vidhan Sabha. It was built in 1912, after the capital moved from Calcutta to Delhi. The Imperial Legislative Council met here, and after the 1919 Act the Central Legislative Assembly, until 1927. Image: Ramesh Lalwani, 2013 · Wikimedia Commons · CC BY 2.0

The British ruled India through a chain of laws passed in London. The chain began with the Regulating Act of 1773. It ended with the Indian Independence Act of 1947. Each law changed who held power. Together they built the system that free India took over. This step-by-step building is called constitutional development.

1773
Regulating Act
First control by Parliament
1833
Charter Act
Governor-General of India
1858
Crown rule
Company rule ends
1935
Government of India Act
Base of our Constitution

The Company era: 1773 to 1853

Parliament slowly takes power away from a trading company.

Hold the whole story in two halves. Before 1858, the laws tried to control the East India Company, a trader that had become a ruler. After 1858, the British Crown ruled directly. Then the laws slowly let Indians into government.

THE TWO HALVES
1773 to 1858
1858 to 1947
Who ruled
East India Company, watched by Parliament
British Crown directly
Aim of the laws
Control the Company
Decide how much say Indians get
Head in India
Governor-General
Governor-General and Viceroy
Control in London
Board of Control and Court of Directors
Secretary of State for India
The dividing line is the Government of India Act 1858, passed after the Revolt of 1857.

After Plassey (1757) and the grant of Diwani (1765), the Company ruled Bengal, and ruled it badly. Its officers grew rich while Bengal starved in the famine of 1770. So Parliament decided to step in.

EACH ACT TOOK A LITTLE MORE FROM THE COMPANY
  1. First control by Parliament
    1773: Regulating Act
    Governor of Bengal becomes Governor-General of Bengal (Warren Hastings), with a council of 4. Madras and Bombay are placed under Bengal. A Supreme Court at Calcutta is set up. Company servants may not trade privately or take gifts.
  2. Dual control
    1784: Pitt's India Act
    A Board of Control in London handles political matters. The Company's Court of Directors keeps trade. Company lands are called British possessions in India for the first time.
  3. Trade opened
    1813: Charter Act
    The Company's trade monopoly in India ends, except tea and trade with China. Christian missionaries may now come and preach. One lakh rupees a year is set aside for education.
  4. Governor-General of India
    1833: Charter Act
    The Company's trade ends completely; it only governs now. The Governor-General of Bengal becomes the Governor-General of India. William Bentinck is the first. All law-making is centralised.
  5. Last Charter Act
    1853: Charter Act
    Law-making is separated from day-to-day rule, with a small legislative council. The civil services are opened to open competition.
QUICK FACT

The Supreme Court at Calcutta began work in 1774, with Sir Elijah Impey as its first Chief Justice. It came from the Regulating Act of 1773, not from any Charter Act.

KEY TERM
Dual control (1784)

Pitt's India Act split power over India in two. The Board of Control, run by the British government, gave orders on politics, war and revenue. The Company's Court of Directors kept trade and jobs. This double system lasted until 1858.

Board of Control: politics→Court of Directors: trade→Ended by the Act of 1858
QUICK CHECK
PYQ · PPSC SEVE 2016 Setting a Supreme Court at Calcutta was a part of:
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PYQ · PPSC SEVE 2016 Christian Missionaries were allowed to spread their religion in India, under the:
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PYQ · Punjab Police SI 2023 Under which of the following Charter Acts did the monopoly of the East India Company on tea trade in India and trade with China end?
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Who headed British India

Three new titles, each made by an Act.

The title of the top British officer in India changed with the Acts. Exams ask who was first under each title. Learn the five names below in order.

THE TOP POST, TITLE BY TITLE
  1. 1
    Warren Hastings
    1774–1785 · First Governor-General of Bengal (Regulating Act 1773)
  2. 2
    William Bentinck
    1833–1835 · First Governor-General of India (Charter Act 1833)
  3. 3
    Lord Canning
    1858–1862 · First Viceroy (Act of 1858)
  4. 4
    Lord Mountbatten
    1947–1948 · Last Viceroy; first Governor-General of free India
  5. 5
    C. Rajagopalachari
    1948–1950 · First and last Indian Governor-General
QUICK FACT

Robert Clive was only Governor of Bengal. The first Governor-General of Bengal was Warren Hastings, under the Regulating Act. Bentinck had been Governor-General of Bengal since 1828; the 1833 Act made him Governor-General of India.

Warren Hastings
Regulating Act, 1773

First Governor-General of Bengal.

Cornwallis
Permanent Settlement, 1793

Fixed land revenue in Bengal for ever.

Wellesley
Subsidiary Alliance

Indian rulers kept British troops and paid for them.

Lord Minto
Treaty of Amritsar, 1809

Made with Maharaja Ranjit Singh; the Sutlej became the line.

William Bentinck
Sati banned, 1829

Also the first Governor-General of India, 1833.

Dalhousie
Doctrine of Lapse

Also annexed Punjab in 1849.

Governors-General and the one thing each is asked for.

Old studio photograph of Lord Ripon in later life
Lord Ripon, Viceroy from 1880 to 1884. His 1882 resolution on local self-government pushed elected town and district boards. So he is called the father of local self-government in India. Photographed in the 1890s. Image: London Stereoscopic & Photographic Company, 1890s · Wikimedia Commons · Public domain
QUICK CHECK
PYQ · PPSC AA 2022 By which of the following Acts was the Governor General of Bengal designated as the Governor General of India?
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Crown rule: Indians let in, inch by inch

1858 to 1935: each Act gave a little more, always late.

After the Revolt of 1857, the Government of India Act 1858 passed India from the Company to the British Crown. From then on, each new law let Indians a little further into government. It was always less than Indians asked for, and later than promised.

THE CROWN-ERA ACTS
  1. 1858
    Government of India Act

    The Crown rules. A Secretary of State for India, with a Council of 15, runs Indian affairs from London. The Governor-General is also called Viceroy; Lord Canning is the first.

  2. 1861
    Indian Councils Act

    Indians can be nominated to the Viceroy's law-making council. Canning's portfolio system gets legal backing.

  3. 1892
    Indian Councils Act

    Members may discuss the budget and ask questions. A small, indirect form of election begins, without using the word.

  4. 1909
    Indian Councils Act (Morley-Minto)

    Elections are brought in. Muslims get separate electorates.

  5. 1919
    Government of India Act (Montagu-Chelmsford)

    Dyarchy in the provinces. Two houses at the centre, with direct elections.

  6. 1935
    Government of India Act

    Provincial autonomy. A proposed All-India Federation. A Federal Court (1937).

KEY TERM
Dyarchy (1919)

Dyarchy means double government. Each province's subjects were split into two lists. Reserved subjects stayed with the British Governor. Transferred subjects went to Indian ministers answerable to the legislature. Indians got the hard jobs without the money. The 1935 Act ended dyarchy in the provinces.

Reserved: police, finance→Transferred: education, health→Ended in provinces, 1935
WHY THE 1935 ACT MATTERS MOST

The Government of India Act 1935 is the bridge to our Constitution. The federal structure, the three lists of subjects, the office of Governor, the Federal Court and the plan for sharing revenue between centre and provinces all came from it. It had 321 sections. Elections under it were held in 1937, and Congress formed ministries in most provinces.

QUICK FACT

The 1919 Act promised a review after ten years. The Simon Commission came to India in 1928 for this. All seven members were British, with no Indian. So Indians boycotted it with the cry "Simon, go back".

A 1935 postage stamp showing King George V wearing a crown, overprinted for Chamba State
King George V on a 1935 stamp of Chamba, a hill princely state. After 1858, India was ruled in the Crown's name. At the Delhi Durbar of 1911, George V announced that the capital would move from Calcutta to Delhi. Image: Post of Chamba, 1935 · Wikimedia Commons · Public domain
Smaller facts, asked now and thenTap to open
  • The Charter Act of 1793 only renewed the Company's monopoly for 20 more years.
  • The 1861 Act gave law-making powers back to Bombay and Madras. New councils followed for Bengal (1862), the North-Western Provinces (1886) and Punjab (1897).
  • Canning nominated three Indians to his council: the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao.
  • Satyendra Prasanna Sinha (S. P. Sinha) became the first Indian member of the Viceroy's Executive Council, under the 1909 reforms.
  • The first Law Commission, under Lord Macaulay, followed the 1833 Act. Its work led to the Indian Penal Code (1860).
QUICK CHECK
PYQ · PPSC OHE 2016 The Government of India Act of 1919 was enacted to implement
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PYQ · PSSSB Excise Inspector 2021 The Simon Commission was boycotted by the Indians because it:
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PYQ · Punjab Police SI 2023 During which of the following years was the Delhi district separated from Punjab under British rule?
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The road to 1947

War, offers, plans and the final Act.

The All-India Federation of the 1935 Act never started, because the princes would not join. The Second World War began in 1939. Britain then made a series of offers. Each one gave a little more, until the Indian Independence Act 1947 ended British rule.

1939 TO 1950
  1. Sept 1939
    India put into the war

    Viceroy Linlithgow declares India at war without asking Indian leaders. Congress ministries resign in protest.

  2. Aug 1940
    August Offer

    Dominion status is named as the goal, but with no date.

  3. Mar 1942
    Cripps Mission

    Dominion status and a constitution-making body, but only after the war. Congress rejects it.

  4. 1946
    Cabinet Mission

    A union with a weak centre and groups of provinces; a plan for a Constituent Assembly.

  5. 9 Dec 1946
    Constituent Assembly meets

    The Muslim League stays away.

  6. 20 Feb 1947
    Attlee's statement

    Britain will leave India by June 1948 at the latest.

  7. 3 June 1947
    Mountbatten Plan

    Partition and an early transfer of power.

  8. 18 July 1947
    Indian Independence Act

    Gets royal assent in London.

  9. 15 Aug 1947
    Freedom

    India and Pakistan become free dominions.

  10. 26 Jan 1950
    Republic

    India's own Constitution comes into force.

  • Created two dominions, India and Pakistan, from 15 August 1947.
  • Ended the posts of Viceroy and Secretary of State for India. Each dominion got its own Governor-General.
  • Gave each Constituent Assembly full power to make a constitution and laws.
  • Ended British power over the princely states; they were free to join India or Pakistan.
THREE LATE PLANS
Cripps (1942)
Cabinet Mission (1946)
Mountbatten (1947)
Viceroy
Linlithgow
Wavell
Mountbatten
Main idea
Dominion status after the war
Weak centre; groups of provinces
Partition; quick transfer
Result
Rejected; Quit India followed
Constituent Assembly formed
Independence Act 1947
Only the Mountbatten Plan became the basis of the Indian Independence Act.
A 1935 Indian postage stamp showing the Gateway of India arch at Bombay
The Gateway of India, Bombay, on a 1935 stamp, the year of the Government of India Act. It marks King George V's visit of 1911. In February 1948 the last British troops left India through it. Image: Post of India, 1935 · Wikimedia Commons · Public domain
FLASHCARDS
Act → the one thing to remember
Regulating Act 1773
Governor-General of Bengal; Supreme Court at Calcutta
Pitt's India Act 1784
Board of Control; dual control
Charter Act 1813
India trade monopoly ends; missionaries allowed
Charter Act 1833
Governor-General of India; all Company trade ends
Charter Act 1853
Open competition for civil services
Government of India Act 1858
Crown rule; Secretary of State; Viceroy
Indian Councils Act 1861
Indians nominated; portfolio system
Indian Councils Act 1892
Budget discussion and questions
Morley-Minto 1909
Elections; separate electorates
Montagu-Chelmsford 1919
Dyarchy; two houses at the centre
Government of India Act 1935
Provincial autonomy; Federal Court
Indian Independence Act 1947
Two dominions from 15 August
QUICK CHECK
PYQ · PPSC DDSWO 2026 _________ became the basis of independence act
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PYQ · PPSC PRIN 2020 On February 20, 1947, Prime Minister Attlee announced the British Government’s decision to withdraw from India latest by
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PYQ · PPSC Veterinary Officer 2024 The Constituent Assembly met on 9th December, 1946 and Dr Rajendra Prasad was elected its President. Which amongst the following political parties did not participate?
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Everything on one look

The chain, the firsts and the traps.

COMPANY ERA
  • 1773 Regulating Act: Governor-General of Bengal
  • 1774 Supreme Court at Calcutta (Impey)
  • 1784 Pitt's India Act: Board of Control
  • 1813 missionaries allowed; India trade opened
  • 1833 Governor-General of India (Bentinck)
  • 1853 open competition for civil services
CROWN ERA
  • 1858 Crown rule; Viceroy (Canning)
  • 1861 Indians nominated
  • 1909 elections; separate electorates
  • 1919 dyarchy; two houses at the centre
  • 1935 provincial autonomy; Federal Court
  • 1947 two dominions from 15 August
COMMON TRAPS
  • The Regulating Act made Warren Hastings Governor-General of Bengal, not of India.
  • Clive was Governor of Bengal, never Governor-General.
  • The Supreme Court at Calcutta came from the Regulating Act 1773, not a Charter Act.
  • Pitt's India Act created dual control; it did not end Company rule.
  • The 1813 Act kept tea and China trade with the Company; 1833 ended them.
  • The Governor-General of India came in 1833; the title Viceroy in 1858.
  • Separate electorates began in 1909, not 1919.
  • Dyarchy came in 1919 and was ended in the provinces by 1935.
  • The federation of the 1935 Act never came into being.
  • The Independence Act came from the Mountbatten Plan, not the Cabinet Mission.
QUICK BYTES
  • First control by Parliament: Regulating Act 1773
  • First Governor-General of Bengal: Warren Hastings
  • Supreme Court, Calcutta: 1774, Elijah Impey
  • Board of Control: Pitt's India Act 1784
  • Missionaries allowed: Charter Act 1813
  • One lakh rupees for education: 1813
  • All Company trade ends: Charter Act 1833
  • First Governor-General of India: Bentinck, 1833
  • Open civil service exam: Charter Act 1853
  • Crown rule and Viceroy: Act of 1858
  • First Viceroy: Lord Canning
  • Father of local self-government: Lord Ripon
  • Separate electorates: Morley-Minto 1909
  • Dyarchy and two houses: Act of 1919
  • Simon Commission: came 1928, no Indian member
  • Capital to Delhi: announced 1911
  • Provincial autonomy: Act of 1935
  • Attlee's deadline: June 1948
  • Basis of Independence Act: Mountbatten Plan
  • Last Indian Governor-General: C. Rajagopalachari
CHECK YOURSELF

Which three Acts created the three titles of the top British officer in India, and who was first under each?

Show answer

The Regulating Act 1773 created the Governor-General of Bengal (Warren Hastings). The Charter Act 1833 made it Governor-General of India (William Bentinck). The Act of 1858 added the title Viceroy (Lord Canning).