SOME FACTS: IN 1600 British came to India s a trade in the form of East India

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3 SOME FACTS: IN 1600 British came to India s a trade in the form of East India Company. In 1765 Diwani Rights (revenue & civil judge) of Bengal, Bihar and Orissa. This started its career as a territorial power. In the sepoy uti,the British Cro assu ed dire t responsibility for the government of India. This rule continued until India was granted Independence on August 15, With Independence came the need of a Constitution. It is suggested by M.N Roy( pioneer of communist movement in India) in The Constituent assembly was formed in January 26, 1950 the Constitution came into being. Various features of the Constitution and policy have their roots in the British Rule.

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8 Regulating Act of 1773 British Decide to regulate the East India Company Significance Features Demarcated the Political and Administrative functions of Company It laid the foundations of central administration in India Governor of Bengal was designated as Governor general of Bengal Governors of Bombay and Madras became subordinate to Governor general Executive council of 4 members was formed to assist Governor general Officers were prohibited from private trade & accepting gifts and bribes First Governor General : Warren Hastings Supreme Court established in Calcutta in 1774 comprising 1 CJI and 3 Other Judges.

9 Pitt s India Act of 1 4 Demarcated the political and commercial functions of the company Commercial affairs to be managed by Court of Directors Political affairs to be managed by a newly formed Board of Control Board of control can supervise the operations of government and revenue British government got complete control over o pa s affairs

10 Charter Act Governor general of Bengal was designated as Governor general of India 2. Bombay and Madras Presidencies lost their legislative powers 3. Governor general got complete control over civil and military affairs 4.Law members was added as fourth member to the Go er or Ge eral s Cou il

11 5.Law Commission was constituted 6. Laws made from these act were named as acts Previously called as Regulations 7. East India Company has to end its commercial activities It merely became an Administrative Body First Governor general of India is Lord William Bentick This act tried but failed to introduce open competition for civil services

12 Charter Act 1853 A separate governor was appointed for Bengal. E te ded the o pa s rule to possess I dia territories. o specification of tenure) Separated the legislative and executive functions of Governor Ge eral s ou il Open competition was introduced to recruit for civil services. ( Macaulay committee was appointed in 1854) Number of court directors were reduced from 24 to 18. Legislation became a separate entity a) Six Legislative members b) Local representation for the first time in Legislative Council c) 4 members from local Provincial Governments like: Madras, Bombay, Bengal, Agra d) 2 members appointed by British It functioned as mini- parliament in making laws

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15 Indian Council Act 1909 Govt. Of India Act 1919 Indian Council Act 1892 Communal Award Govt. of India Act 1935 Indian Councils Act 1861 Govt. of India Act 1858 Simon Commission THE CROWN RULE ( ) India Independence Act 1947

16 Government of India Act 1858 East India company was abolished Court of Directors and Board of control were abolished Governor General of India was designated as Viceroy of India Offi e of the Se retar of state as for ed Secretary was the member of British Cabinet A 15 member council was formed as an advisory body with Secretary of state as chairman.

17 Indian Councils Act 1861 Legislative powers of Bombay and Madras were restored. Viceroy can appoint Indians as non-official members of his council. New legislative councils were established at Bengal 1862, NWFP 1866, Punjab Viceroy was empowered to make rules and orders Viceroy can issue ordinances during emergency. Valid for 6 months from promulgation In 1862, Lord Canning nominated 3 Indians to his legislative council like: the Raja of Banaras, the Maharaja of Patiala and Sir Dinkar Rao. It also ga e a re og itio to the Portfolio s ste. i trodu ed by Lord Canning in 1859)

18 Indian Councils Act 1892 It increased the number of additional members (non-official) in the Central and provincial legislative councils. The legislative members gave the powers to discussing the budget and ask the questions. Viceroy can appoint non-official members for Central Legislative Council. Governors can appoint non-official members for Provincial Legislative council.

19 Indian Councils Act 1909 Increased the size of the legislative councils, both central and provincial. The Central legislative council was raised from 16 to 60. The members count in Provincial assembly was not constant. The members in councils were empowered to ask Supplementary questions and move resolutions on budget. Indian were admitted in executive councils as Viceroy and Governor. Satyendra Prasad Sinha became the first Indian to join the Viceroy Executive Council and he was appointed as the Law member. Provincial legislative councils was allowed to have non-official majority.

20 A system of communal representation was introduced like separate electorate system. In this Muslims can vote only for muslim and also provide the local bodies and zamidars. The act legalised communalism and Lord Minto came to be known as the Father of Communal Electorate. This act is also called as Morley-Minto reforms. Lord Morley was the secretary of State of India and Lord Minto was the Viceroy of India.

21 Government of India Act 1919 This act is also called as Montagu- Chelmsford reforms. The Montagu was the secretary of state for India and Chelmsford was the Viceroy of India. The Provincial subjects divided into 2 parts. 1. Transferred subjects.:-in this Administered by governor with the ais of ministers and the ministers are responsible to the legislative council. 2. Reserved subjects.:- In this Administered by governor along with his executive council and not responsible to the legislative council. Central and Provincial legislatures were authorized to make laws on their respective subjects. This s ste is popularl k o as Dyarchy. It created a new office of High Commissioner for India in London and transferred some functions of secretary of state to commissioner. It provided provision for establishment of public service commission and Central Public Service Commission was set up in 1926 for recruiting civil servants.

22 The central Legislative Council was replaced by Bicameral legislature consisting of an Upper House (Council of State) and a Lower House (Legislative Assembly). Direct election was introduced for electing members for legislature. Separate electorates were introduced for Sikh Anglo-Indians Indian Christians Europeans It granted Franchise was limited to affluent people on the basis of Property, Tax and Education. For the first time provincial budget were separated from Central Budget and provincial legislatures were empowered to enact their budgets.

23 Simon Commission

24 Communal Award Features Announced by Scheme for Ramsay MacDonald Representation (British PM) in of Minorities 16 August 1932 The award not only continued Separate electorates for the Muslims, Sikhs, Indian Christians, Anglo Indians and Europeans but also were extended to Scheduled castes The Ga dhiji s fast led to Poona pact

25 Government of India Act 1935

26 FEATURES There was a lot of dissatisfaction with the working of the 1919 Act. It provided for the establishment of an All India Federation consisting of provinces and princely states as units. The princely states did not join and federation was not formed. In this Composition of Act 321 sections and 10 Schedule. This Act divided powers b/w Centre and units in terms of three lists. Federal List ( For Centre 59 items) Provincial List (For Provinces 54 items) Concurrent List ( For both 36 items) It abolished Dyarchy i the pro i es a d i trodu ed Pro i ial auto o i its pla e. But allo ed at the e tre. This Act introduced responsible government in provinces and this came into effect in 1937 and was discontinued in In this governors should act according to the advice of ministers.

27 It introduced Six bicameral legislatures were introduced with restrictions out of Eleven provinces. Bengal Bombay Madras Assam Bihar United provinces It extended the separate electorate for depressed classes like; Scheduled Castes Women Labours It extended Franchise to 10 percent of people of total Population got the voting right. It provided for the establishment of a Reserve Bank of India and abolished the Council of India.

28 The provisions for establishment of ; Federal Public Service Commission Provincial Public Service Commission Joint public Commissions It provided establishment of Federal Court in 1937.

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32 BACKGROUND On February 20,1947, the British Prime Minister Clement Atlee declared that the British rule in India would end by June 30,1948; after which the power would be transferred to responsible Indian hands. This announcement was followed by the agitation by the Muslim League demanding partition of the Country. Again on June 3,1947, the British Government made it clear that any Constitution framed by the Constituent Assembly of india (formed in 1946) cannot apply to those parts of the country which were unwilling to accept it. On the same day (June 3,1947) Lord Mountbatten, the viceroy of India, put forth the partition plan, known as the Mountbatten Plan. The plan was accepted by the Congress and the Muslim League. Immediate effect was given to the plan by enacting the Indian Independence Act 1947.

33 FEATURES It ended the British rule in India and declared India as an independent and sovereign state from August 15, It provided for the partition of India and creation of Two independent dominions of India and Pakistan with the right to secede from the British Commonwealth. It abolished the office of viceroy and provided, for each dominion, a Governor General, who was to be appointed by the British King on the advice of the dominion cabinet. His Majest s Go er e t in Britain was to have no responsibilities with respect to the Government of India or Pakistan. It empowered the Constituent Assemblies of the two dominions to frame and adopt any constitution for their respective nations and to repeal any act of the British Parliament, including the Independence act itself.

34 It empowered the Constituent Assemblies of both the dominions to legislate for their respective territories till the new constitutions were drafted and enforced. No Act of the British Parliament passed after August 15, 1947 was to extend to either of the new dominions unless it was extended thereto by a law of the legislature of the dominion. It abolished the Office of the Secretary of state for India. It proclaimed the lapse of British paramountancy over the Indian princely states and treaty relations with tribal areas from August 15, It granted freedom to the Indian princely states either to join the Dominion of India or Dominion of Pakistan or to remain independent. It provided for the governance of each of the dominions and the provinces by the Government of India Act of 1935, till the new Constitutions were framed. The dominions were however authorized to make modification in the Act.

35 It deprived the British Monarch of his right to veto bills or ask for reservation of certain bills for his approval. But this right was reserved for the Governor- General. It designated the Governor-General of India and the provincial governors as constitutional (nominal ) heads of the states. They were made to act on the advice of the respective council of ministers in all matters. It dropped the title of Emperor of India from the royal titles of the king of England. It discontinued the appointment to civil services and reservation of posts by the Secretary of state for India. The members of the civil services appointed before August 15, 1947 would continue to enjoy all benefits that they were entitled to till that time.

36 INDIA: Lord Mountbatten, he was the last Viceroy, was asked by the Indian leaders to continue as the Governor-General of India. Jawaharlal Nehru became the Prime Minister of India and Sardar Vallabhbhai Patel became the Home Minister. PAKISTAN: Muhammad Ali Jinnah became the Governor-General of Pakistan and Liaquat Ali Khan became the Prime Minister of Pakistan.

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38 Q & A for Practice Which of the following act led to the introduction of dual system of government in India? a Pitt s I dia A t, AD 1 4 (b) The Regulating Act, AD 1773 (c) Charter Act, 1793 AD (d) Charter Act, 1813 AD Which of the following Act, ensured the establishment of the supreme court in India? a Pitt s I dia A t, AD 1 4 (b) The Regulating Act, AD 1773 (c) Charter Act, 1793 AD (d) Charter Act, 1813 AD Which of the following statement is not correct? (a) The Regulating Act, AD 1773 was the first step to regulate the affairs of the company. (b) Lord William Bentinck was the first governor general of India. Pitt s I dia A t, AD 1 4, esta lished the dual s ste of go er a e i I dia (d) All of the above are wrong.

39 Which of the following statement is not correct? (a) Morley Minto reforms introduced the separate electorate for Muslims in India. (b) Government of India act made the Governor General of India is called the Viceroy. (c) The post of secretary of the state was created under the Government of India act (d) The recruitment for the civil services began on the basis of charter act of Which of the following Government of India Act introduced the diarchy system in the provinces of India? (a) Government of India Act, 1909 (b) Government of India Act, 1919 (c) Government of India Act, 1935 (d) None of these Which of the following is not the part of Government of India Act, 1935 (a) This act provided for setting up of the federation of India comprising British Indian provinces. (b) Diarchy in the provinces was replaced by provincial autonomy. (c) The post of Indian council of secretary of state for India made permanent. (d) The diarchy was introduced at the centre.

40 Consider the following statements on dyarchy in Government of India act of 1919? 1. The transferred subjects were to be administered by the governor with the aid of ministers responsible to the legislative council. 2. The reserved subjects were to be administered by the governor and his executive legislative. A. 1 only, B. 2 only, C. Both 1 and 2, D. Neither 1 nor 2 What are the features of the regulating act of 1773? 1. It designated Governor of Bengal as Governor General of Bengal. 2. Bombay, Madras and Bengal presidencies were made independent of one another. 3. Provided for the establishment of a supreme court at Calcutta (1774). 4. The court of directors of East India Company (EIC) was made to report on its revenue, civil and military affairs in India to the British crown. Choose the correct answera. 1 and 2 only, B. 2 and 4 only, C. 1,3 and 4 only, D. 1,2,3 and 4

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