The major steps to control the Company and legal framework for the organization and functioning of administration in British India were
REGULATING ACT, 1773
This act was based on the report of a committee headed by the British Prime Minister Lord North. This act changed the Constitution of the Court of Directors (such as terms of the Directors, eligibility for the right to vote, etc) and also subjection of their action to the British Government.
The Governor of Bengal was nominated as Governor-General for all three presidencies of Calcutta, Bombay, and Madras. Warren Hastings was the first such Governor-General of Bengal.
The act also called for the establishment of a Supreme Court at Calcutta with a chief justice and three judges to administer justice. Governor- General was empowered to make rules, regulations, and ordinances with the consent of the Supreme Court.
AMENDMENT ACT, 1781
This act significantly reduced the powers of the Supreme Court at Calcutta. The actions of public servants of the Company in their official capacity were exempted from the jurisdiction of the Supreme Court. The jurisdiction of the Supreme Court was defined.
Supreme Court had to take into consideration and respect the religious and social customs of the Indian people while enforcing its decrees and processes. The rules and regulations made by the Governor-General in Council were not to be registered with Supreme Court.
PITT’S INDIA ACT, 1784
This act was enacted to improve upon the provisions of Regulating Act of 1773 to bring about better discipline in the Company’s system of administration. The act called for the establishment of a Board of Control, consisting of members to supervise and control the Government of India. Trade and commerce-related issues were under the purview of the Court of Directors of the Company. The Court of Directors was given the right to make all appointments in India. The number of members of the Executive Council of the Governor-General was reduced to three from four.
CHARTER ACT, 1813
The company was deprived of its trade monopoly in India, except in tea and in trade with China. British Government provided an annual sum of 100000 for the spread of education. Local autonomous bodies were empowered to levy taxes. It required the Company’s servants to undergo some training in England before entering service.
CHARTER ACT, 1833
The Governor-General and his Council were given vast powers. This Council could legislate for the whole of India subject to the approval of the Board of Control. It led to the completion of the introduction of Free Trade in India by abolishing the Company’s monopoly of trade in tea and trade with China.
The Governor-General of Bengal was to be designated as the Governor-General of India. For the first time, the Governor-General’s Government was known as the Government of India, and his council as the Indian Council. Provision for the inclusion of a law member in the Council of the Governor-General was made.
CHARTER ACT, 1853
The act renewed the powers of the Company and allowed it to retain the possession of Indian territories in the trust of the British Crown. Recruitment to Civil Services was based on an open annual competition examination (excluding Indians).
Also, this was for the first time that this Charter Act did not fix any limit for the continuance of the administration of East India Company in India. It also separated, for the first time the legislative and executive functions of the Governor-General’s Council. It provided for additional six new members called legislative councilors to the council.
GOVERNMENT OF INDIA ACT, 1858
The rule of the Company in India ended and that of the crown began. A post of Secretary of State (a member of the British Cabinet) for India was created.
The Secretary of the State was to exercise the powers of the crown. The Secretary of State governed India through the Governor-General. Governor-General received the title of Viceroy. He represented the Secretary of State and was assisted by an Executive Council, which consisted of high officials of the government. The system of Dual Government introduced by Pitt’s Act, of 1784, was finally abolished.
INDIAN COUNCILS ACT, 1861
The Executive Council was now to be called as Central Legislative Council. The Governor-General was conferred power to promulgate ordinances. The policy of the Association of Indians in legislation started with it. A fifth member who was to be a jurist, was added to the Viceroy’s Executive Council.
For legislation, the Executive Council of Viceroy was enlarged by 6 to 12 members composed of half non-official members. Thus, the foundation of the Indian legislature was laid down. It made the beginning of representative institutions by associating Indians with the law-making process.
It thus provided that the viceroy should nominate some Indians as non-officials members of his expanded council. In 1862 Lord Canning, the then viceroy, nominated three Indians to his legislative council-the Raja of Benaras, the Maharaja of Patiala, and Sir Dinkart Rao.
INDIAN COUNCILS ACT, 1892
Indians found their place in the Provincial Legislative Councils. Element of the election was introduced. Council was to have the power to discuss the budget and of addressing questions to the executive.
INDIAN COUNCILS ACT, 1909 (MORLEY-MINTO REFORMS)
It envisaged a separate electorate for Muslims. This act for the first time gave recognition to elective principles for the appointment of non-official members of the councils. The maximum number of additional members of the Viceroy’s Executive Council was raised from 16 to 60. All this planning was made jointly by Indian Secretary of State Morley and the Indian Viceroy Minto.
GOVERNMENT OF INDIA ACT, 1919 (MONTAGU-CHELMSFORD REFORM)
The Montagu-Chelmsford Reform which became the Government of India Act in 1919 clearly defined the jurisdiction of the central and provincial government. The central legislature now consisted of two houses with elected majorities. In the provinces, a system called dyarchy was introduced. The provincial subjects of administration were to be divided into two categories
- Transferred Subjects They were administered by the Governor with the aid of ministers responsible to the Legislative Council.
- Reserved Subjects The Governor and the Executive Council were to administer the reserved subjects without any responsibility to the legislature.
Indian legislature became bicameral for the first time, though it actually happened after the 1935 Act. Secretary of State was to be paid from the British exchequer. The Governor-General in Council continued to remain responsible only to the British Parliament through the Secretary of State for India.
GOVERNMENT OF INDIA ACT, 1935
The Act of 1935 prescribed a federation, taking the provinces and the Indian states as its units. The joining of princely states was voluntary and as a result, the federation did not come into existence as the minimum number of princes required to join the federation did not give their assent to join the federation. This act divided legislative powers between the center and the provinces. Dyarchy was introduced at the center (e.g. Department of Foreign Affairs and Defence was reserved for the Governor-General). Provincial autonomy replaced Dyarchy in provinces. They were granted separate legal identities. Burma (now Myanmar) was separated from India.
INDIAN INDEPENDENCE ACT, 1947
Through this act sovereignty and responsibility of the British Parliament were abolished. Subsequently, the crown ceased to be the source of authority. Moreover, the Dominion legislature became sovereign and Governor-General and provincial governors became constitutional heads.