Constitutional Development in India

This constitutional development started

with the Regulating Act, 1773 and it can
be divided into two parts: Constitutional
Development during East India
Company (1773-1857) and
Constitutional Development during
British Crown Rule (1857-1947).
Constitutional Development during
East India
Company (1773-1857):
Regulating Act-1773

Governor of Bengal to be the

Governor-General of British Territories
of India.
Governor General to be the supreme
head of all the Presidencies.
Recognized Legislative power in the
Presidencies.

Charter Act-1833

Addition of a fourth member to the

Governor General in Council.
Concentrated all the legislative
powers in the Governor General in
Council.
Deprived the local government
(Presidencies) of their power of
independent legislation.
Authorized Presidency Governments
merely to submit drafts or projects of
any laws regulations deemed expedient
or necessary to the Governor General in
Council.

Charter Act-1853

Marked the next stage in the

evolution of the Legislatures.

Made the Law Member of the
Governor in Council a full member.
Enlarged the Governor-Generals
Council for legislative purposes.
Addition of the Chief Justice of Bengal,
one other Supreme Court Judge and
one paid representative of each
Presidency or Governors Province.
Paved the way for establishing the
first Legislative body in India.
Governor General in Council to be the
sole administrative as well as the
Legislative authority.

Constitutional Development during

British Crown Rule (1857-1947)

Indian Councils Act-1861

Sowed the seed for the future
Legislative as an independent entity

separate from the Executive Council.

Associated with the Governor

Generals Executive Council and the
Executive Councils of Madras and
Bombay.
Restored the legislative power taken
away by the Charter of 1833.
Gave power to Legislative Council of
the Madras Presidency to make laws for
the peace and good government.
Addition of the Advocate General and
four to eight ad-hoc members to the
Council of the Governor of Madras.
Governor nominated half of ad-hoc
members for a period two years.
The Provincial Legislative Councils
were mere advisory bodies.

Indian Councils Act-1892

Number of additional members of the

Central Legislature rose to a maximum
of 16.
Number of additional members of the
Madras Legislative Council rose to a
maximum of 20.
Not more than nine additional
members of the Madras Legislative
Council had to be officials.
Non-official Members were
recommended by the district boards,
universities, municipalities and other
associations.
Members were to hold office for two
years.
Enlarged the functions of the Council.
Council could discuss the annual
financial statement and ask questions
subject to certain limitation.

Act of 1909

Popularly known as Morley-Minto

Reforms.
Enlarged the Legislative Councils both
of the Governor-General and of the
provinces.
Increased additional members of the
Governor-General Council to a
maximum of 60.
Increased additional members of the
Madras Council to a maximum of 50.
Dispensed with official majorities in
the Provincial Legislative Councils.
Gave Provincial Legislative Councils
power to move resolutions upon
matters of general public interest.
Made Provincial Legislative Councils
able to move resolutions upon the
Budget and to ask supplementary
questions.

Introduced for the first time the

method of election, though not direct
election.

Government of India Act of 1919

Known as Montagu-Chelmsford
Reforms.
Introduced the system of diarchy in
the Provinces.
Classified subjects as Central and
Provincial.
Provincial subjects divided into
transferred subjects and reserved
subjects.
Transferred subjects to be
administered by the Governor and his
ministers responsible to the Legislative
Council.
Reserved subjects to be administered
by the Governor and his Executive

Council.

Powers given to Governor to overrule

both the Ministers and the Executive
Council.
Raised the proportion of elected
members of the Provincial Legislative
Council to over 70 per cent.
Extended the Legislative power of the
Council to Provincial matters only.
The Central Legislature thereafter
called the Indian Legislature.
Legislative Assembly of Indian
Legislature given the powers to vote
supply.

Government of India Act-1935

Base of the present day governance

of India.
Provided an All-India Federation.

Governors Provinces and Indian

States were constituent units of the
Federation but accession of the states
to the Federation was optional.
Two houses exist (the House of
Assembly called the Federal Assembly
and the Council of States) in the
Federal Legislature with equal powers.
Demands for supply votes and financial
Bills were to originate in the Federal
Assembly only.
The House of Assembly was called the
Federal Assembly and its tenure was
five years and it consisted of 375
members. 125 of them were
representatives of the Indian States
nominated by the rulers.
Indirect election of representatives of
the Governors provinces.
The Council of State a permanent
body.
One-third of the members of Council

of State to retire every three years.

260 members in Council of State.

104 representatives of Indian States
in Council of State.
6 members of Council of State
nominated by the Governor-General.
128 members of Council of State
elected directly.
A bi-cameral Legislature in the
Province of Madras.
Governor plus two Chambers (the
Legislative Council and the Legislative
Assembly) in the bi-cameral Legislature.
Special responsibilities for Governor in
regard to certain matters.
Certain matters entirely outside
ministerial control and within the
absolute discretion of the Governor.

Legislative Council permanent body.

One-third members of Legislative

Council to retire every three years.

Minimum 54 and maximum 56

members in Legislative Council.
10 members of Legislative Council
nominated by the Governor.
215 members in Legislative Assembly.
Division of powers between the
Centre and the Provinces.
Certain subjects were in Central or
Federal list, some were in Provincial list
and rests were in concurrent list.

After Act of 1935

Only part of Government of India Act

relating to the Provinces came into
operation in 1937.
The first Madras Legislative Assembly
under this Act constituted in July 1937.
The Congress party formed the

Government.

The Ministry resigned in October

1939.
First Session of the Second Legislative
Assembly constituted in 1946.
British Government transferred power
to India under Lord Mountbatten Plan.
Indian Independence Bill passed by
British Parliament on July 18th, 1947.
India got independence on August
15th, 1947.