Constitutional, Administrative and Judicial 563 Developments Flashcards
brought about the British government’s involvement in Indian affairs in the effort to control and regulate the functioning of the East India Company.
The Regulating Act of 1773
introduced the element of centralised
administration.
The Regulating Act of 1773
Thus for the first time, the British cabinet was given the right to exercisecontrol over Indian affairs
The Regulating Act of 1773
Bengal, the administration was to be carried out
by governor-general
The Regulating Act of 1773
A Supreme Court of judicature was to be established
in Bengal
The Regulating Act of 1773
The jurisdiction of the Supreme Court was defined—within Calcutta, it was to administer the
personal law of the defendant
Amendments (1781 toThe Regulating Act of 1773
the Company became a subordinate department of the State
Pitt’s India Act of 1784
The Company’s territories in India were termed ‘British
possessions
Pitt’s India Act of 1784
A Board of Control consisting of the chancellor of exchequer, a secretary of state and four
members of the Privy Council
Pitt’s India Act of 1784
a dual system of control was set up.
Pitt’s India Act of 1784
the presidencies of Bombay and Madras were made subordinate to the governor-general.
Pitt’s India Act of 1784
A general prohibition was placed on aggressive wars
and treaties
Pitt’s India Act of 1784
the powers of both the governor-general and the commander-in-chief
The Act of 1786
allowed to override the council’s
decision if he owned the responsibili
Cornwallis through The Act of 1786
The royal approval was mandated for the appointment
of the governor-general, the governors, and the commanderin-chief.
The Charter Act of 1793
The licences, known as ‘privilege’ or ‘country trade’,
paved the way for shipments of opium to China.
The Charter Act of 1793
The revenue administration was separated from the
judiciary functions and this led to disappearing of the Maal Adalats
The Charter Act of 1793
The Home Government members were to be paid out
of Indian revenues
The Charter Act of 1793
The Company’s monopoly over trade in India ended,
but the Company retained the trade with China and the trade in tea.
The Charter Act of 1813
The Company’s shareholders were given a 10.5 per
cent dividend
The Charter Act of 1813
the constitutional position of the British territories in India was defined explicitly for the first time
The Charter Act of 1813
A sum of one lakh rupees was to be set aside for
the revival, promotion and encouragement of education
The Charter Act of 1813
The regulations made by the Councils of Madras,
Bombay and Calcutta were now required to be laid before the British Parliament
The Charter Act of 1813
Separate accounts were to be kept regarding
commercial transactions and territorial revenues
The Charter Act of 1813
Christian missionaries were also permitted to come
to India and preach their religion
The Charter Act of 1813
The Company’s monopoly over trade with China and
in tea also ended
The Charter Act of 1833
All restrictions on European immigration and the
acquisition of property in India were lifted
The Charter Act of 1833
Bengal, Madras, Bombay and all other territories
were placed under complete control of the governor-general
The Charter Act of 1833
The governor-general was given the power to superintend, control and direct all civil and military affairs of the Company
The Charter Act of 1833
A law member was added to the governor-general’s
council
The Charter Act of 1833
No Indian citizen was to be denied employment under
the Company on the basis of religion, colour, birth, descent
The Charter Act of 1833
take steps to ameliorate the conditions of slaves and to ultimately abolish slavery
The Charter Act of 1833
The strength of the Court of Directors was reduced
The Charter Act of 1853
the services were now thrown open to a competitive
examination
The Charter Act of 1853
The law member became the full member of the
governor-general’s executive council.
The Charter Act of 1853
Local representation was introduced in the Indian
legislature.
The Charter Act of 1853
For the first time, the legislative and executive functions of the Governor-General’s council were separated.
The Charter Act of 1853
India was to be governed by and in the name of the
Crown through a secretary of state and a council of 15.
The Act for Better Government of India,
1858
Thus, the dual system introduced by the Pitt’s India Act came to an end.)
The Act for Better Government of India,
1858
Governor-general became the viceroy
The Act for Better Government of India,
1858
marked an advance in that the principle
of representatives of non-officials in legislative bodies
became accepted
Indian Councils Act, 1861
Law-making was thus no longer seen as the exclusive business of the executive
Indian Councils Act, 1861
portfolio system introduced by Lord Canning laid
the foundations of cabinet government in India
Indian Councils Act, 1861
laid the foundations of legislative devolution
Indian Councils Act, 1861
Thus was introduced the principle of representation The universities, district boards, municipalities,
zamindars, trade bodies and chambers of commerce werem empowered to recommend members to the provincial councils
Indian Councils Act, 1892
element of indirect election
Indian Councils Act, 1892
first attempt to bring in a representative and
popular element in the governance of the country.
Indian Councils Act, 1909
Indian member was taken for the first time in the Executive Council of the Governor-General
Indian Councils Act, 1909
was the first Indian to join the Governor-General’s—or Viceroy’ Executive Council, as law member
(Satyendra Prasad Sinha
The introduction of separate electorates for Muslims
created new problems
Indian Councils Act, 1909
the Indian Legislative Council at the Centre was replaced by a bicameral system
Government of India Act, 1919
direct election was introduced, though the franchise was much restricted being based on qualifications of property, tax or education
Government of India Act, 1919
The Act introduced dyarchy in the provinces
Government of India Act, 1919
separate electorates for Sikhs, Christians and
Anglo-Indians,
Government of India Act, 1919
The Act separated for the first time the provincial
and central budgets
Government of India Act, 1919
High Commissioner for India was appointed
Government of India Act, 1919
The Secretary of State for India paid by the British
Exchequer, thus undoing an injustice in the Charter Act of 1793.
Government of India Act, 1919
had provided that a Royal Commission would
be appointed ten years after the Act to report on its working
Government of India Act, 1919
joint committee of the Houses of the British Parliament was set up for a federal set-up and provincial autonomy. under
Lord Linlithgow
contemplated the establishment of an All-India Federation
Government of India Act, 1935
Dyarchy, rejected by the Simon Commission, was
provided for in the Federal Executive
Government of India Act, 1935
The Council of States (the Upper House) was to
be a permanent body
Government of India Act, 1935
There were to be three subjectlists—
t
Government of India Act, 1935
There was a provision for joint sitting in cases of
deadlock between the houses
Government of India Act, 1935
Dyarchy in the provinces was abolished and provinces were given autonomy
Government of India Act, 1935
Provincial governments could borrow
money on their own security
Government of India Act, 1935
Bicameral legislatures were provided in the six provinces of Madras, Bombay, Bengal, United Provinces, Bihar and Assam
Government of India Act, 1935
extended to depressed classes,
women and labou
Government of India Act, 1935
The Act also provided for a Federal Court settle inter-state disputes
Government of India Act, 1935
The India Council of the Secretary of State was
abolished.
Government of India Act, 1935
Act was an endeavour to give India a written
constitution,
Government of India Act, 1935
Provinces derived their power and authority directly
from the British Crown
Government of India Act, 1935
set up the Fort William College for training of new recruits
In 1800, Wellesley
was the first to bring into existence and organise the civil services
Cornwallis (governor-general, 1786-93)
Every native of Hindustan is corrupt.” T
Cornwallis (governor-general, 1786-93)
Act had reservedall posts worth 500 pounds per annum for the covenanted servants of the Company.
The Charter Act of 1793
the examination was held in England in English
language, based on classical learning of Greek and Latin
Indian Civil Service Act, 1861
introduced the Statutory Civil Service consisting of one-sixth of covenanted posts to be filled by Indians of high families through nominations by local governments subject to approval by the secretary of State and the viceroy
In 1878-79, Lytton
The Aitchison Committee on Public Services (1886),
set up by
Dufferin
dropping of the terms ‘covenanted’ and
‘uncovenanted’;
Aitchison Committee on Public Services
classification of the civil service into Imperial Indian Civil Service (examination in England), Provincial Civil Service (examination in India) and Subordinate Civil Service (examination in India)
Aitchison Committee on Public Services
raising the age limit to 23.
Aitchison Committee on Public Services
“It is indispensable that an adequate number of members of civil service shall always be Europeans
Kimberley, the secretary of state
recommended that one-third of recruitments be made
in India itself
Montford Reforms (1919)
recommended holding of simultaneous examination
in India and England.
Montford Reforms (1919)
the recruitments for the transferred fields like
education and civil medical service be made by
provincial governments
Lee Commission
50:50 parity between the Europeans and the Indians be reached in 15 years;
Lee Commission
Public Service Commission be immediately
established
Government of India Act, 1919)
recommended the establishment of a Federal
Public Service Commission and Provincial Public Service Commission under their spheres
Government of India Act, 1935
faujdars
who helped in maintaining law and order
amils ,
who were basically revenue collectors but had to contend with rebels
Kotwal
was responsible for maintenance of law
and order in the cities
restored the institution of faujdars and asked the zamindars to assist them in suppression of dacoits,
Warren Hastings
organised a regular police force to
maintain law and order
Cornwallis 1791
a district under a daroga (an Indian) and a superintendent of police (SP) at the head of a distric
Cornwallis 1791
He relieved the zamindars of their
police duties
Cornwallis 1791
appointed an SP for each division helped
by a number of spies (goyendas
Mayo 1808
the appointment of darogas and their subordinates was abolished in all possessions of the Company except in Bengal
By an order of the Court of Directors
abolished the office of the SP. The collector/magistrate was now to head the police force in his jurisdiction and the commissioner in each division was to act as the S
Bentinck (governor-general, 1828-35
were the first to have the duties of collector/magistrate separated
Presidency towns
system of civil constabulary
Police Commission (1860)
inspector-general as the head in a province recoomended by
Police Commission (1860)
presented the guidelines for a police setup
in the province
The Police Act, 1861
recommended the establishment of CID (Criminal Investigation Department) in the provinces and a Central Intelligence Bureau at the Centre
1902 The Police Commission
the British should always remember the lessons which were learnt with such terrible experience 30 years ago.
Dufferin
insisted on the principle of a one-third white army
The commissions of 1859 and 1879
the proportion of Europeans to Indians was carefully fixed
one to two in the Bengal Army and two to five in the Madras and Bombay Armies
was visualising a 50% Indianised officer cadre
for 1952!
As late as 1926, the Indian Sandhurst
Committee
An ideology of ‘martial races’ and ‘non-martial races
under Lord Roberts
I wish to have a different and rival spirit in different regiments, so that Sikh might fire into Hindu, Gorkha into either, without any scruple in case of need.
Charles Wood, the Secretary of State for India,
the establishment of ‘Mayor’s Courts’ in Madras, Bombay and Calcutta in 1726 by
the East India Company.
District Diwani Adalats were established in districts
to try civil disputes under
Warren Hastings (1772-1785)
Sadar Diwani Adalat which functioned under
a president and two members of the Supreme Council
Warren Hastings (1772-1785)
District Fauzdari Adalats were set up to try criminal
disputes and were placed under an Indian officer assisted by qazis and muftis
Warren Hastings (1772-1785)
The approval for capital punishment and
for acquisition of property lay to the Sadar Nizamat Adalat at Murshidabad which was headed by
a deputy nizam (an Indian Muslim) assisted by chief qazi and chief mufti
Warren Hastings (1772-1785)
Under the Regulating Act of 1773, a Supreme Court
was established at Calcutta which was competent to try
all British subjects within Calcutta and the subordinate factories, including Indians and Europeans
The District Fauzdari Courts were abolished and,
instead, circuit courts were established at Calcutta, Dacca, Murshidabad and Patna. under
Cornwallis (1786-1793)
The Sadar Nizamat Adalat was shiftedfrom Musrshidabad to Calcutta and was put under the governor-general
under Cornwallis (1786-1793)
The District Diwani Adalat was now designated as the
District, City or the Zila Court and placed under a district judge freeing collector of his duty under
under Cornwallis (1786-1793)
European subjects were also brought under
jurisdiction. under
under Cornwallis (1786-1793)
Government officials were answerable to the civil
courts for actions done in their official capacity under
under Cornwallis (1786-1793)
The principle of sovereignty of law was established under
under Cornwallis (1786-1793)
The four Circuit Courts were abolished and their
functions transferred to collectors under
under William Bentinck (1828-1833)
Sadar Diwani Adalat and a Sadar Nizamat Adalat were
set up at Allahabad under
under William Bentinck (1828-1833)
Till now, Persian was the official language in courts.
Now, the suitor had the option to use Persian or a vernacular language, under
under William Bentinck (1828-1833)
in the Supreme Court, English language
replaced Persian under
under William Bentinck (1828-1833)
A Law Commission was set up under Macaulay
for codification of Indian laws. under
under William Bentinck (1828-1833)
transferred the power to govern from the East India Company to the British Crown. under
The Act for Better Government of India, 1858
a fifth member, who was to be a jurist, was added to viceroy’s executive council under
Indian Councils Act, 1861
returned the legislative powers
to provinces of Madras and Bombay which had been taken away in 1833 under
Indian Councils Act, 1861
The presidencies were administrated by a
governor and his executive council of three who were
appointed by the
Crown,
other provinces were administered by lieutenant governors and chief commissioners appointed by
the governor-general
The granting of fixed sums out of central revenues for
administration of certain services to provincial governments
lord Mayo 1870
heads of expenditure like land revenue,
excise, general administration and law and justice were transferred to provinces in 1877 by
Lord Lytton
provincial government was to receive a fixed share
of the income realised within that province from sources like stamps, excise and income tax under
Lord Lytton
Financial decentralisation was a legislative devolution
inaugurated by the
Indian Councils Act of 1861
the beginning of local finance under
Lord Mayo
Local interest, supervision and care
are necessary for success in the management of the funds devoted to education, sanitation, medical relief and local public works.
Lord Mayo
The Government of Ripon desired the provincial governmentsto apply in case of local bodies the same principle of financial decentralisation which Lord Mayo’s Government had begun towards them.
Lord Ripon
father of local self-government in India
Lord Ripon
village panchayats should be
entrusted with more powers like judicial jurisdiction
Royal Commission on Decentralisation 1908
the stoppage of regular grants-in-aid from provincial governments except for undertaking large projects.
Royal Commission on Decentralisation 1908
The resolution suggested that the local bodies be made as representative as possible of the people with real and not nominal authority vested in them
The Resolution of May 1918
The commission suggested the retrograde step
of increasing provincial control over local bodies
The Simon Commission (May 1930
the demarcation of taxation between provincial and
local finance which prevailed since the reforms of 1919 was scrapped.
The Government of India Act, 1935
the liberal policy of granting wide powers
of taxation to local institutions as recommended by the
.
Decentralisation Commission (1908)
