Government
of India Acts
The history of
constitutional development in India begins from the passing of the Regulating
Act in 1773. The Pitt’s India Act of 1784 and the successive Charter Acts from
1793 to 1853 form part of the constitutional changes under the East India
Company’s rule.
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Acts
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Important
Provisions
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Government of India Act, 1858
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'East
India' Company’s rule came to an end. Indian administration came under the
direct control of the Crown
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In
England, the Court of Directors and Board of Control were abolished. In their
place came the Secretary of State and Indian
Council. The Secretary of State would be a member of the British Cabinet.
Sir Charles Wood was made the first Secretary of State for India. India
Council consisting of 15 members would assist him.
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The
Governor General of India was also made the Viceroy of India. The first Viceroy of India was Lord Canning.
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Indian Councils Act, 1861
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It
introduced for the first time the representative
institutions in India
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Increased
the number of members in the Governor General’s executive Council from 4 to
5.
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A
provision was made for the inclusion of Indians in the Legislative Council.
(Not possessed powers of administration and finance)
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Legislative
councils were also established in the provinces.
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Indian Council Act, 1892
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Introduced
the principle of elections but in an indirect manner; I achievement of INC
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The
members were allowed to discuss the budget and criticize the financial policy
of the government
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Increased
the number of members in the Governor General’s executive Council- not to be
less than 10 and not to be more than 16.
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Indian Council Act, 1909
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Also
called as Minto-Morley Reforms of 1909.
(Lord Morley – Secretary State for India & Lord Minto – Governor-General
of India)
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It
was passed to win the support of Moderates in the Congress; it changed the
name of the Central Legislative Council to Imperial Legislative Council
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The
number of “additional members” of the Central Legislative Council was
increased to a maximum of 60
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Elected
members were to be 27
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Principle
of election to the councils was legally recognized
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Communal
representation was introduced for first time in the interests of Muslims (Lord
Minto: Father of Communal Electorates)
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Separate
electorates were provided
for Muslims
(ultimately
led to the partition of India in 1947)
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The
number of members in provincial legislative councils of major provinces was
raised to 50
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The
Councils were given right to discuss and pass resolutions on the Budget and
on all matters of public interest. However, the Governor-General has the
power to disallow discussion on the budget
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An
Indian member was appointed for the first time to the Governor-General’s
Executive Council. S. P. Sinha was the
first Indian to appointed.
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Two
Indians were also appointed to the Indian Council in England
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Never
desired to set up a parliamentary form of government in India
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Government of India Act, 1919
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Also
called as Montague-Chelmsford Reforms
of 1919
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Dyarchy
was introduced in the Provinces. (Division
of Powers)
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A
Bicameral legislature was set up at the centre. It consists of Council of
States and the Legislative Assembly. The total member on the Legislative
Assembly was to be maximum of 145 (out of which 105 were to be elected and
the remaining nominated). In the Council of States, there would be a maximum
of 60 members (out of which 34 were elected and the remaining are nominated)
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The
salaries of the Secretary of State for India and his assistants were to be
paid out of the British revenues
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A
High Commissioner for India at London
was appointed
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The
Act introduced, for the first time,
bicameralism and direct elections in the country
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Government of India Act, 1935
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Passed
on the basis of the report of Simon Commission, the outcome of the Round
Table Conferences and the White paper issued by the British government in 1933
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Provision
for the establishment of an All India
Federation at the centre, consisting of the Provinces of British India
and the Princely States (It did not come into existence since the Princely
States refused to give their consent for the union)
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Division of powers
into three lists:
Federal, Provincial and Concurrent
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Introduction of
Dyarchy at the Centre.
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Abolition of
Dyarchy and the Introduction of Provincial Autonomy in the Provinces.
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Provincial
Legislatures of Bengal, Madras, Bombay, United Provinces, Bihar and Assam
were made bicameral
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Extension of the
principles of Separate Electorates to Sikhs, Europeans, Indian Christians and
Anglo Indians
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Establishment
of a Federal Court at Delhi with a Chief Justice and 6 Judges
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