The Crown Rule (1858-1947)  

In 1857, a mutiny rose against the British East India Company. After the mutiny, in 1858 the constitutional system underwent great changes as the Company was obliged to transfer its power to the British Crown, which assumed direct responsibility for the governance of India. The British Crown which assumed direct control over the administration under the Government of India Act 1858. This rule continued until India was granted independence on August 15,1947. Between 1858 and 1947, there were so many Governments of India Acts. These Acts are discussed in detail below.

Government of India Act of 1858

This Act is known as the ‘Act for the Good Government of India’. The Government of India Act of 1858 abolished the East India Company and transferred the powers of government, territories and revenues to the British Crown. By this Act, the powers of the Crown were to be exercised by the Secretary of State for India, assisted by a Council of fifteen members (known as the Council of India). The council was composed of people from England, some of the members were nominees of the Crown while others were the representatives of the Directors of the East India Company. The Secretary of State governed India through the Governor-General, assisted by an Executive Council.

Features of the Act

• This Act abolished the dual administration of the country and made unitary and centralised administration of India. It means abolishing the Board of Control and the Court of Directors.
• This Act created a new office, the Secretary of State for India. The Secretary of State had absolute powers to control the Indian administration. The Secretary of State was responsible to the British Parliament.
• This Act established fifteen members of the Council (known as the Council of India). The Secretary of State was assisted by the Council of India. The Council was an advisory body. The Chairman of the Council was the Secretary of State.
• The Government of India Act of 1858 changed the designation of the Governor-General of India to the Viceroy of India. The Viceroy was the direct representative of the British Crown in India. Lord Canning became the first Viceroy of India.
• The British Indian territory was divided into provinces headed by the Governor or Lieutenant-Governor aided by his Executive Council. The whole machinery of administration was bureaucratic, totally unconcerned about public opinion.

Indian Councils Act of 1861

After the war of independence in 1857, the British Government felt the cooperation of the Indians in the administration of India. The Indian Councils Act of 1861 plays an important role in the constitutional and political history of India.

Features of the Act

• This Act gave the powers to the Governor-General to create new provisions for legislative purposes and would appoint the Lieutenant- Governor for the provinces.

• This Act made the establishment of a new legislative council for Bengal, North-Western Frontier Province (NWFP) and Punjab. These legislative councils were established in 1862, 1866 and 1897 respectively.
• This Act gave the power to the Viceroy to nominate some Indian as non-official members of his expanded council. In 1862, the Viceroy nominated three Indians to his legislative council—the Raja of Banaras, the Maharaja of Patiala and Sir Dinkar Rao.
• The Indian Councils Act of 1861 restored the legislative powers of Madras and Bombay presidencies taken away by the Charter Act of 1833.
• This Act empowered the Viceroy to issue ordinances lasting six months if the legislative council is not in session in an emergency.

Indian Councils Act of 1892

The Indian Councils Act of 1892 introduced various amendments to the composition and function of legislative councils in British India. The Indian Councils Act of 1892 is an important landmark in the constitutional and political history of India.

Features of the Act

• The councils were to have the power of discussing the annual budget and of addressing questions to the executive by this Act.

• The number of additional non-official members in the central and provincial legislative councils were increased by the Indian Councils Act of 1892 but maintained the official majority in them.
• This Act empowered the Governor-General to invite different bodies in India to elect, select their representatives and make regulations for their nomination.

• The use of election in filling up some of the non-official seats both in the central and provincial legislative councils was limited and indirect by this Act. However, the word ‘election’ was not used in this Act.

Indian Councils Act of 1909

The Indian Councils Act of 1909 is also known as Morley-Minto Reforms.  The Morley-Minto Reforms was named after the Secretary of State of India (Lord Morley) and the Viceroy of India (Lord Minto).

Features of the Act

• This Act increased the size of the legislative councils, both provincial and central. The provincial legislative council member’s numbers were not uniform.

• This Act retained the official majority in the Legislative Councils at the centre but allowed non-official majority in the Provincial legislative councils.
• It empowered the deliberative functions of the legislative councils at both the councils. It gave the opportunity to influence the policy of the administration by moving resolutions on the Budget. The members of councils were asked supplementary questions on the Budget and so on.
• For the first time, the entry of Indians in the Executive Councils of the Viceroy and Governors. Satyendra Prasad Sinha was the first Indian who became a member of the Viceroy’s Executive Council. He was appointed as a law member.

• For the first time, this Act introduced a separate representation of the Muslim community in the electoral system. Under this, the Muslim members were to be elected only by Muslim voters. This Act legalised communalism and Lord Minto came to be known as the Father of Communal Electorate.

Government of India Act of 1919

The Morley-Minto Reforms failed to satisfy the aspirations of the Indians. Then the next landmark in the constitutional development of India is the Montagu-Chelmsford report which became the next Government of India Act. The Government of India Act 1919 is also known as Montagu-Chelmsford Reforms. These reforms were named after the Secretary of State of India (ES Montagu) and the Viceroy of India (Lord Chelmsford).

Features of the Act 

• The Government of India Act of 1919 made a separation of the subjects of administration into two categories – Central and Provincial. Subjects of all India importance were brought under the category ‘Central’, while subjects relating to the administration of the provinces were classified as Provincial.

• This Act made Provincial subjects were sub-divided into ‘transferred ‘ and ‘reserved’ subjects. The transferred subjects were to be administered by the Governor with the aid of Ministers responsible to the Legislative Council. The reserved subjects were to be administered by the Governor and his Executive Council without any responsibility to the Legislative council. This governance system is known as ‘Dyarchy‘ or dual government.
• For the first time, this Act introduced bicameralism and direct elections in the country. This Act replaced the Indian legislative council to bicameral legislative consisting of an Upper House (Council of State) and a Lower House (Legislative Assembly). The majority of members of both the Houses were chosen by direct election.
• This Act further extended the principle of communal representation by providing separate electorates for Indian Christians, Sikhs, Anglo- Indians and Europeans.
• This Act granted franchise to a limited number of people on the basis of property, tax or education.

• For the first time, this Act separated provincial budgets from the central budget and also authorised provincial legislatures to enact their budget.

Simon Commission

Despite the persistent demand for further reforms, in 1927, the British Government formed seven members of the Statutory Commission. This commission is headed by Sir John Simon. All the members in the statutory commission were British, and hence, all the parties boycotted the commission. The Simon Commission submitted its report in 1930 and recommended the abolition of dyarchy, continuation of Communal Electorate and so on. This report was considered by a Round Table Conference which consists of the representatives of the British Government, British India and Indian princely states. A ‘White Paper’ prepared on the results of this Conference was considered by a Joint Select Committee of the British Parliament. The recommendations of this committee were incorporated (with certain changes) in the next Government of India Act.

Communal Award

The British Prime Minister Ramsay MacDonald announced a scheme of representation of the minorities on 4 August 1932. This scheme is known as the Communal Award. The Communal award not only continued separate electorates for Sikhs, Indian Christians, Muslims, Anglo Indians and Europeans but also extended to the distressed classes (scheduled castes).

Government of India Act of 1935

The Government of India Act of 1935 was an important landmark towards a completely responsible government in India. This Act was a lengthy and detailed document having 321 Sections and 10 Schedules.

Features of the Act

• The Government of India Act of 1935 prescribed a federation, taking the provinces and the Indian states as units. But it was optional for the Indian States to join the Federation. However, the Federation never came because the princely states never gave their consent.
• This Act divided the powers between the centre and units in terms of three lists. First list was the Federal List (for Centre) and second list was the Provincial List (for provinces) and third list was the Concurrent List (for both).
• This Act abolished dyarchy in the provinces and replaced it with provincial autonomy. But it provided the adoption of dyarchy at the Centre. Consequently, the federal subjects were divided into transferred subjects and reserved subjects. However, the adoption of dyarchy at the centre provision of the Act didn’t come into operation.
• This Act introduced bicameralism in six out of eleven provinces. These provinces were Bengal, Bombay, Bihar, Madras, Assam and the United Province. But many restrictions were placed on them.
• This Act further extended the communal representation by providing separate electorates for depressed classes, women and workers.
• This Act also extended the franchise. About 10 percent of the total population got the voting right.
• This Act also provided for the establishment of the Reserve Bank of India to control the currency and credit of the country.
• This Act also provided for the establishment of a Federal Court, which was set up in 1937.

Indian Independence Act of 1947

In February 1947, the British Prime Minister Clement Atlee declared that the British rule in India would end by June 30,1948 and power would be transferred to responsible Indian hands. On June 3,1947, the British Government announced that any Constitution framed by the Constituent Assembly of India cannot apply to those parts of the country which were unwilling to accept it. On the same day, the Viceroy of India, Lord Mountbatten, put forth the partition plan. This plan is known as the Mountbatten Plan. This plan was accepted by the Congress and the Muslims League.

 Features of the Act

• This Act abolished the British rule in India and declared India an independent and sovereign state from August 15, 1947.

• This Act provided for the partition of India and the creation of two independent dominions of India and Pakistan.
• This Act abolished the office of Viceroy and the provisions of the Government of India Act 1935 relating to appointment to the civil service under the Crown by the Secretary of the State ceased to operate.
• This Act granted freedom to the Indian princely states either to join the Dominion of India or the Dominion of Pakistan or to remain independent.
• This Act provided that the legislature of each dominion was given full powers to make the law for that dominion.
• This Act provided that the new dominions a new Governor-General was to be appointed by the Crown. The same person or different could be the Governor-General of both dominions.
• At the time of the making of the new constitution, the new dominions and the provinces were to be governed by the Government of India Act 1935.
• The office of the secretary of state of India was abolished by this Act and transferred to his functions the secretary of state for Commonwealth affairs.
• This Act made the Governor-General would have full power to assent to any bill in the name of His Majesty.
• After independence, Lord Mountbatten became the first governor-general of the new Dominion of India.

• This Act dropped the title of Emperor of India from the title of the British Crown.

First Cabinet of Free India

To know about the First Cabinet of Free India (1947), refer to the table below:

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