Indian history · British era · Polity
Constitutional Development under British Rule: Regulating Act 1773, Pitt's India Act, Charter Acts, the Acts of 1858, 1861, 1892, 1909, 1919 and 1935 — Exam Notes
Many features of India's Constitution — federalism, governors, a public service commission, bicameral legislatures — grew out of a series of British Acts between 1773 and 1947. These Acts are a favourite topic in both history and polity papers. This guide gives each Act's main provisions in a consistent format so you can compare them quickly.
Company rule: 1773–1858
Regulating Act, 1773
- First step by the British Parliament to control the East India Company.
- Governor of Bengal became Governor-General of Bengal (Warren Hastings first), with an Executive Council of four.
- Governors of Bombay and Madras placed under the Governor-General of Bengal.
- Supreme Court at Calcutta established in 1774 (Chief Justice Sir Elijah Impey).
- Company servants forbidden from private trade and taking bribes.
Pitt's India Act, 1784
- Created dual control: the Company's Court of Directors for commercial affairs, and a new Board of Control (six members) for political affairs.
- The Company's territories were called "British possessions in India" for the first time.
Charter Acts
| Act | Main provisions |
|---|---|
| 1793 | Renewed the charter for 20 years; salaries of the Board of Control to be paid from Indian revenue |
| 1813 | Ended the Company's trade monopoly in India, except for tea and trade with China; allowed Christian missionaries; set aside ₹1 lakh a year for education |
| 1833 | Governor-General of Bengal became Governor-General of India (William Bentinck); ended the Company's commercial activities entirely; centralisation — all legislative power with the Governor-General in Council; Law Member added (Macaulay); attempted open competition for civil services |
| 1853 | Separated legislative and executive functions of the Governor-General's council — a Central Legislative Council of 12 members; introduced open competitive examination for the civil services (Indians allowed; first Indian selected: Satyendranath Tagore, 1863); local representation in the legislature from Madras, Bombay, Bengal and Agra |
Crown rule: 1858–1947
Government of India Act, 1858
- Passed after the Revolt of 1857; ended Company rule.
- Governor-General also became Viceroy (Lord Canning first).
- Board of Control and Court of Directors abolished; a Secretary of State for India (a British cabinet minister) with a Council of India of 15 members took charge.
- Sometimes called the "Act for the Good Government of India".
Indian Councils Act, 1861
- Indians associated with law-making: the Viceroy could nominate some Indians as non-official members (Lord Canning nominated the Raja of Benares, Maharaja of Patiala and Sir Dinkar Rao).
- Decentralisation began: legislative powers restored to Bombay and Madras; new councils for Bengal (1862), NWFP (1886) and Punjab (1897).
- Recognised the portfolio system introduced by Canning.
- The Viceroy could issue ordinances in emergencies.
Indian Councils Act, 1892
- Increased the number of non-official members.
- Gave councils the right to discuss the budget and ask questions.
- Indirect election introduced in a limited form (the word "election" was avoided — members were "nominated" on recommendation of bodies such as universities and municipalities).
Indian Councils Act, 1909 (Morley–Minto reforms)
- Named after John Morley (Secretary of State) and Lord Minto (Viceroy).
- Enlarged the councils; central council to 60 members.
- Members could ask supplementary questions and move resolutions on the budget.
- Satyendra Prasad Sinha became the first Indian member of the Viceroy's Executive Council (Law Member).
- Separate electorates for Muslims — Muslim members elected only by Muslim voters. Lord Minto is therefore called the "father of communal electorates".
Government of India Act, 1919 (Montagu–Chelmsford reforms)
Following the August Declaration (20 August 1917) of Edwin Montagu, which promised "progressive realisation of responsible government":
- Dyarchy in the provinces: subjects divided into transferred (education, health, local government, agriculture — under Indian ministers responsible to the legislature) and reserved (police, justice, finance, land revenue — under the Governor and executive council).
- Subjects divided into central and provincial lists.
- Bicameral central legislature: Legislative Assembly and Council of State.
- Direct elections with a limited franchise based on property and tax.
- Extended separate electorates to Sikhs, Indian Christians, Anglo-Indians and Europeans.
- High Commissioner for India in London.
- Provided for a Public Service Commission — set up in 1926.
- Provided for a statutory commission after ten years — which became the Simon Commission (1927).
Government of India Act, 1935
The longest Act passed by the British Parliament for India, based on the Simon Commission report, the Round Table Conferences and a White Paper (1933).
| Feature | Detail |
|---|---|
| All-India Federation | Of provinces and princely states — never came into being as the princely states did not join |
| Three lists | Federal, Provincial and Concurrent; residuary powers with the Viceroy |
| Provincial autonomy | Dyarchy abolished in provinces; ministers responsible to provincial legislatures; came into force in 1937 |
| Dyarchy at the Centre | Proposed, but never implemented |
| Bicameralism | In six provinces (Bengal, Bombay, Madras, Bihar, Assam, United Provinces) |
| Separate electorates | Extended to Depressed Classes (as modified by the Poona Pact), women and labour |
| Federal Court | Set up in 1937 in Delhi |
| Reserve Bank of India | The Act provided the framework; RBI established on 1 April 1935 under the RBI Act 1934 |
| Public service commissions | Federal, provincial and joint |
| Franchise | About 10 per cent of the population |
| Burma and Aden | Separated from India (effective 1937) |
| Council of India | Abolished |
A large part of the Constitution of India — the federal scheme, governors, emergency provisions, public service commissions — was drawn from the 1935 Act. Nehru called it "a machine with strong brakes but no engine".
Indian Independence Act, 1947
- Based on the Mountbatten Plan (3 June 1947); received royal assent on 18 July 1947.
- Created two independent dominions, India and Pakistan, from 15 August 1947.
- Ended British paramountcy over princely states.
- Made the Constituent Assemblies of each dominion sovereign and their legislatures.
- Abolished the office of Secretary of State for India and the Viceroy; a Governor-General for each dominion.
Quick comparison
| Act | One-line memory hook |
|---|---|
| 1773 | Governor-General of Bengal; Supreme Court Calcutta |
| 1784 | Board of Control; dual control |
| 1813 | End of trade monopoly (except tea, China); ₹1 lakh for education |
| 1833 | Governor-General of India; Company only administrative |
| 1853 | Open competition for civil services; separate legislative council |
| 1858 | Crown rule; Secretary of State; Viceroy |
| 1861 | Indians nominated; portfolio system |
| 1892 | Budget discussion; indirect election |
| 1909 | Separate electorates for Muslims |
| 1919 | Dyarchy in provinces; bicameral centre |
| 1935 | Provincial autonomy; federation; three lists |
| 1947 | Independence and Partition |
Practice questions
Q1. Which Act created the post of Governor-General of Bengal?
- (a) Pitt's India Act, 1784
- (b) Regulating Act, 1773
- (c) Charter Act, 1833
- (d) Charter Act, 1813
Show answer
Answer: (b) Regulating Act, 1773 — The Regulating Act of 1773 made Warren Hastings Governor-General of Bengal.
Q2. The Board of Control was created by:
- (a) Regulating Act, 1773
- (b) Pitt's India Act, 1784
- (c) Charter Act, 1793
- (d) Government of India Act, 1858
Show answer
Answer: (b) Pitt's India Act, 1784 — Pitt's India Act set up dual control with the Board of Control.
Q3. Open competition for the civil services was introduced by the Charter Act of:
- (a) 1813
- (b) 1833
- (c) 1853
- (d) 1858
Show answer
Answer: (c) 1853 — The Charter Act of 1853 introduced open competitive examinations.
Q4. Separate electorates for Muslims were introduced by the:
- (a) Indian Councils Act, 1892
- (b) Indian Councils Act, 1909
- (c) Government of India Act, 1919
- (d) Government of India Act, 1935
Show answer
Answer: (b) Indian Councils Act, 1909 — The Morley–Minto reforms of 1909 introduced them.
Q5. Dyarchy in the provinces was introduced by the:
- (a) Government of India Act, 1919
- (b) Government of India Act, 1935
- (c) Indian Councils Act, 1909
- (d) Indian Independence Act, 1947
Show answer
Answer: (a) Government of India Act, 1919 — The Montagu–Chelmsford reforms of 1919 introduced provincial dyarchy.
Q6. Provincial autonomy was introduced by the:
- (a) Government of India Act, 1919
- (b) Government of India Act, 1935
- (c) Indian Councils Act, 1892
- (d) Charter Act, 1853
Show answer
Answer: (b) Government of India Act, 1935 — The 1935 Act abolished dyarchy in the provinces and granted provincial autonomy.
Frequently asked questions
Why did the All-India Federation of 1935 never come into being?
It required princely states to join, and not enough of them did before the Second World War began.
Who is called the father of communal electorates?
Lord Minto, Viceroy at the time of the Indian Councils Act of 1909.
Which Act ended the East India Company's trading activities?
The Charter Act of 1833 ended them completely; the 1813 Act had already ended its monopoly in India except for tea and the China trade.
Official sources
- Legislative Department, Government of India — Constitution of India
- National Archives of India (Abhilekh Patal)
- Lok Sabha Secretariat — Constitutional history
Rules, dates and figures can change. Always check the latest official notification or government release before relying on a detail.