Historic Development of Law and Constitutional Government in India

The constitutional development of modern India evolved through a series of British parliamentary enactments, administrative reforms, commissions and political settlements. For LLB entrance examinations, the most important sequence runs from the Regulating Act, 1773 to the Indian Independence Act, 1947, followed by the commencement of the Constitution on 26 January 1950.

Quick chronology: Company rule was progressively regulated by the British Parliament from 1773. Crown rule began under the Government of India Act, 1858 after the Revolt of 1857. Provincial responsibility expanded under the Government of India Act, 1919, provincial autonomy under the Government of India Act, 1935, and British rule ended under the Indian Independence Act, 1947.

Company Rule and Parliamentary Control: 1773-1853

1773 - Regulating Act

Marked the first major intervention by the British Parliament in the affairs of the East India Company in India.
Redesignated the Governor of Bengal as the Governor-General of Bengal.
Created an Executive Council of four members to assist the Governor-General.
Warren Hastings became the first Governor-General of Bengal.
Provided for establishment of a Supreme Court at Calcutta; the Court began functioning in 1774 with a Chief Justice and three puisne judges.
Sir Elijah Impey was the first Chief Justice of the Supreme Court at Calcutta.

1781 - Act of Settlement

Also known as the Bengal Judicature Act, 1781.
Clarified and restricted the jurisdiction of the Supreme Court at Calcutta after disputes created by the Regulating Act framework.
Exempted the Governor-General and Council from the Court's jurisdiction for acts done in their official capacity and clarified the application of personal laws in specified matters.

Exam correction: the Act of Settlement is associated with 1781; it should not be confused with Pitt's India Act, 1784.

1784 - Pitt's India Act

Distinguished the Company's commercial functions from its political and territorial functions.
Created a Board of Control to supervise civil, military and revenue affairs.
The Court of Directors continued to manage commercial administration.
Produced the well-known system of "double government" or dual control over Company affairs.

1813 - Charter Act

Ended the East India Company's monopoly over Indian trade except in specified areas, especially tea and trade with China at that time.
Asserted greater parliamentary control and opened India more widely to private British trade.
Provided an annual sum for education and permitted missionary activity under the statutory framework.

1833 - Charter Act

Made the Governor-General of Bengal the Governor-General of India; Lord William Bentinck was the first to hold that office.
Centralised legislative power in the Governor-General in Council.
Ended the Company's remaining commercial functions, converting it into an administrative agency of the British Crown.
Provided for a Law Commission; Thomas Babington Macaulay became the first Law Member and chaired the first Law Commission.
Became a foundational milestone in the consolidation and codification of laws in British India.

1853 - Charter Act

Separated the legislative and executive functions of the Governor-General's Council more clearly by adding legislative members.
Expanded the central legislative machinery into a distinct legislative council-like body.
Opened the way for recruitment to the civil services through competitive examination; the Macaulay Committee on the Indian Civil Service reported in 1854.

Crown Rule and Expansion of Legislative Institutions: 1858-1909

1858 - Government of India Act

Enacted after the Revolt of 1857 and ended the rule of the East India Company.
Transferred governance, territories and revenues of India to the British Crown.
The Governor-General also functioned as the Viceroy, representing the Crown; Lord Canning was the first Viceroy.
A Secretary of State for India, a member of the British Cabinet, was created and assisted by a Council of India.
The Board of Control and Court of Directors ceased to operate.

1861 - Indian Councils Act

Began limited association of Indians with the law-making process by allowing nomination of Indians to legislative councils.
Restored legislative powers to the Bombay and Madras presidencies and encouraged decentralisation.
Recognised the portfolio system in executive administration.
Empowered the Viceroy to issue ordinances in cases of emergency, ordinarily valid for six months.

1892 - Indian Councils Act

Increased the number of additional members in central and provincial legislative councils.
Permitted discussion of the annual financial statement within limits.
Allowed members to ask questions to the executive, subject to the rules then in force.
Introduced an indirect electoral element through recommendations by representative bodies, although the statute avoided the modern terminology of direct elections.

1909 - Indian Councils Act (Morley-Minto Reforms)

Further enlarged central and provincial legislative councils.
Permitted broader discussion of budgets and public matters.
Introduced separate electorates for Muslims, a major constitutional development with long-term political consequences.
Satyendra Prasanna Sinha became the first Indian member of the Viceroy's Executive Council.

Government of India Act, 1919 - Montagu-Chelmsford Reforms

The statute was enacted in 1919 and many of its reforms came into operation in 1921. It should therefore be referred to as the Government of India Act, 1919, not the "Government of India Act, 1921".

Introduced dyarchy in the provinces.
Provincial subjects were divided into reserved and transferred subjects.
Reserved subjects were administered by the Governor and executive council; transferred subjects were administered by ministers responsible to the provincial legislature.
Introduced bicameralism at the Centre through the Council of State and Legislative Assembly.
Separated central and provincial legislative subjects more distinctly.
Expanded electoral participation, while maintaining a limited franchise and communal representation.

Simon Commission, 1927

The British Government appointed the seven-member Indian Statutory Commission under Sir John Simon in 1927.
It was appointed to review the working of the constitutional system created by the 1919 Act.
Because the Commission had no Indian member, it faced widespread political opposition and boycott in India.
Its report was published in 1930 and fed into the wider constitutional process that ultimately culminated in the Government of India Act, 1935.

Government of India Act, 1935

The Government of India Act, 1935 was the most extensive British constitutional statute for India and heavily influenced several administrative features later reflected in the Constitution.

Contained 321 sections and 10 schedules.
Proposed an All-India Federation of provinces and princely states, but the federal scheme never came into operation because the required accession of princely states did not occur.
Distributed legislative powers through a Federal List (59 subjects), Provincial List (54 subjects) and Concurrent List (36 subjects).
Vested residuary legislative authority in the Governor-General.
Abolished provincial dyarchy and introduced provincial autonomy.
Proposed dyarchy at the Centre, but that part did not come into operation.
Provided for bicameral legislatures in specified provinces.
Established the Federal Court of India, which began functioning in 1937.
Provided the constitutional framework under which provincial ministries took office after the 1937 elections.

Related institutional point: the Reserve Bank of India was established under the separate Reserve Bank of India Act, 1934 and began operations in 1935; it was not created by the Government of India Act, 1935 itself.

Constitutional Missions Before Independence

Cripps Mission, 1942

Sir Stafford Cripps came to India during the Second World War with British proposals concerning India's future constitutional status. The proposals contemplated Dominion status after the war and a constitution-making body, but were rejected by major Indian political parties.

Cabinet Mission, 1946

The Cabinet Mission consisted of:

Lord Pethick-Lawrence;
Sir Stafford Cripps; and
A. V. Alexander.

Its proposals sought to provide a constitutional framework for transfer of power and the establishment of a Constituent Assembly. The Constituent Assembly first met in December 1946.

Indian Independence Act, 1947

Created the two independent Dominions of India and Pakistan from 15 August 1947.
Ended British parliamentary responsibility for governing India.
Ended the office of Viceroy; each Dominion was to have a Governor-General appointed in accordance with the Act.
Ended British suzerainty over the princely states.
Empowered the Constituent Assemblies of the new Dominions to legislate and frame their constitutions.
The Constituent Assembly of India also functioned as the Dominion legislature during the transition.
Lord Mountbatten became the first Governor-General of independent India; Jawaharlal Nehru became the first Prime Minister.

Constitution of India - 26 January 1950

The Constitution was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950. Article 395 repealed the Indian Independence Act, 1947 and the Government of India Act, 1935, together with enactments amending or supplementing the latter, subject to the constitutional text.

From 26 January 1950, legislative power at the Union level derived from the Constitution and Parliament replaced the colonial constitutional framework.

Fast LLB Entrance Revision Chart

1773: Regulating Act - Governor-General of Bengal; Supreme Court at Calcutta.
1781: Act of Settlement - clarified Supreme Court jurisdiction.
1784: Pitt's India Act - Board of Control and dual control.
1813: Charter Act - ended much of Company's trade monopoly.
1833: Charter Act - Governor-General of India; centralised legislation; Law Commission.
1853: Charter Act - stronger separation of legislative and executive functions; competitive civil-service pathway.
1858: Crown rule begins.
1861: Indian association with legislative councils; ordinance power.
1892: budget discussion and questions.
1909: Morley-Minto reforms; separate electorates.
1919: provincial dyarchy and central bicameralism.
1927: Simon Commission.
1935: provincial autonomy; three legislative lists; Federal Court.
1942: Cripps Mission.
1946: Cabinet Mission and Constituent Assembly.
1947: Indian Independence Act.
1950: Constitution comes into force.