DETAILED NOTES – STAGES OF CONSTITUTIONAL DEVELOPMENT IN INDIA
1. INTRODUCTION
India’s constitutional development is a long evolutionary process beginning from the British East
India Company rule
to the adoption of the Indian Constitution in 1950. Each Act introduced by the British shifted
administrative power,
increased Indian participation, and laid the groundwork for democratic governance.
2. PHASE I: EAST INDIA COMPANY RULE (1773–1858)
2.1 Regulating Act, 1773
• First attempt by the British Parliament to regulate East India Company’s affairs.
• Created the office of Governor-General of Bengal (Warren Hastings became the first).
• Established an Executive Council of four members.
• Set up a Supreme Court at Calcutta (1774).
• Marked the beginning of centralized administration in India.
2.2 Pitt’s India Act, 1784
• Distinguished between Company’s political and commercial functions.
• Created a Board of Control to oversee political matters.
• Strengthened British government’s hold over Indian administration.
2.3 Charter Act, 1813
• Ended East India Company’s monopoly over Indian trade (except tea and China trade).
• Allowed Christian missionaries to preach and open schools in India.
2.4 Charter Act, 1833
• Governor-General of Bengal became Governor-General of India (first: Lord William Bentinck).
• Centralized legislative powers in a single authority.
• Introduced the concept of Indian Civil Services (ICS).
2.5 Charter Act, 1853
• Separated executive and legislative functions of the Governor-General’s council.
• Introduced competitive exams for civil services (open to Indians).
3. PHASE II: CROWN RULE (1858–1947)
3.1 Government of India Act, 1858
• Abolished Company rule; British Crown took direct control.
• Secretary of State for India created; assisted by Council of India.
• Governor-General became Viceroy (first: Lord Canning).
3.2 Indian Councils Act, 1861
• Introduced Indian representation in legislative councils for the first time.
• Restored legislative powers to provinces.
• Recognized the importance of local governments.
3.3 Indian Councils Act, 1892
• Increased number of non-official members.
• Allowed legislative bodies to discuss budgets.
• Enabled asking questions (but with restrictions).
3.4 Indian Councils Act, 1909 (Morley-Minto Reforms)
• Introduced separate electorates for Muslims.
• Expanded legislative councils and allowed discussions on many subjects.
• First time Indians were appointed to Viceroy’s Executive Council.
3.5 Government of India Act, 1919 (Montagu-Chelmsford Reforms)
• Introduced Dyarchy in provinces:
– Transferred subjects: Education, Public Health, Agriculture, etc.
– Reserved subjects: Police, Finance, Law & Order.
• Bicameral legislature at the centre (Legislative Assembly & Council of States).
• Separate electorates extended to Sikhs, Indian Christians, Anglo-Indians.
3.6 Government of India Act, 1935
• Longest Act ever passed by the British Parliament for India.
• Proposed an All-India Federation (not implemented).
• Provinces gained full autonomy.
• Dyarchy abolished in provinces but introduced at the centre (never implemented).
• Federal Court established in 1937.
• Blueprint for many parts of the Indian Constitution.
3.7 Indian Independence Act, 1947
• Ended British rule & declared India and Pakistan independent.
• Granted full powers to Constituent Assemblies.
• Provided for partition and division of assets.
4. PHASE III: CONSTITUENT ASSEMBLY & MAKING OF THE CONSTITUTION
4.1 Formation of the Constituent Assembly
• Based on the Cabinet Mission Plan (1946).
• 389 members originally (later 299 after partition).
• First session held on 9 December 1946.
4.2 Drafting Process
• Drafting Committee chaired by Dr. B.R. Ambedkar.
• 22 committees worked on different subjects.
• Debates lasted nearly 3 years.
• Draft presented in February 1948; finalized in October 1949.
4.3 Adoption
• Adopted on 26 November 1949.
• Enforced on 26 January 1950 (chosen to honour Poorna Swaraj Day of 1930).
• India became a Republic.
5. IMPORTANCE & IMPACT
• Transition from trading company rule to structured governance.
• Expanded Indian participation in administration.
• Laid foundations of parliamentary democracy.
• Provided experience in legislation, administration, and representation.
• Culminated in a modern, written, federal constitution that guides India today.
END OF NOTES