Brief Summary
This lecture provides a detailed overview of the constitutional developments, administrative structures, and judicial systems established in India during British rule. It covers the period from the East India Company's arrival in 1600 to the India Independence Act of 1947, highlighting key acts, reforms, and their impact on the Indian administrative and legal landscape. The lecture also discusses the evolution of civil services, police, and the army, along with the judicial system, emphasizing the British policies and their consequences.
- East India Company's transition from trade to administration.
- Key legislative acts and their provisions.
- Development of civil services, police, and army under British rule.
- Evolution of the judicial system and its impact on India.
Introduction
The lecture begins by introducing the topic of constitutional developments during British rule in India, emphasizing the legal framework established by the British. It highlights the administrative and judicial structures developed to manage the conquered territories and maintain law and order. The lecture also contrasts these systems with the pre-colonial Indian systems of governance, which were based on monarchical rule and flexible administrative structures. The importance of studying this period is underscored by the fact that many aspects of India's current constitutional structure are derived from the systems established during British rule, particularly the Government of India Act of 1935.
East India Company and Key Dates
The chapter discusses the arrival of the East India Company in India in 1600 as a trading entity. It highlights key dates such as 1765, when the company transitioned from trade to administration, and 1858, marking the shift to Crown rule. The company's initial focus was trade, but after the Battle of Buxar in 1764, it gained control over Bengal, leading to administrative responsibilities. By 1833, the company's trade activities ceased, and it became purely an administrative body. The British government began to regulate the company's activities through various acts, claiming a share of the profits and intervening in Indian administration.
Dual System of Administration
Following the Battle of Buxar in 1764, the East India Company acquired Bengal, Bihar, and Orissa through a decree from Shah Alam II. The company appointed two deputy diwans, Mohammad Raza Khan and Raja Shitab Rai, to manage revenue collection. In 1767, the British government demanded 10% of the company's annual income, marking the beginning of British intervention in Indian administration. From 1765 to 1772, a dual system of administration was implemented in Bengal, where the company controlled revenue while administrative responsibilities were nominally held by Najm-ud-Daulah, the minor son of Mir Jafar. This system led to widespread corruption and exploitation, prompting the British government to introduce the Regulating Act of 1773 to control the company.
Regulating Act of 1773 and Pitt's India Act of 1784
The Regulating Act of 1773 aimed to regulate the East India Company by establishing a system of checks and balances. The Court of Directors was tasked with providing information on both trade and administration to the British Parliament. However, this system had loopholes, as the directors were company insiders. The Pitt's India Act of 1784 separated the company's commercial and political functions. A Board of Control was created to oversee political affairs, while the Court of Directors continued to manage trade. This act also reduced the number of council members assisting the Governor-General of Bengal from four to three and established similar councils in Bombay and Madras. Additionally, it established a court in England to try British officials for misconduct in India.
Acts of 1786 and 1793
The Act of 1786 further empowered the Governor-General of Bengal, granting him the powers of the Commander-in-Chief and the authority to override council decisions. The Act of 1793 stipulated that the salaries of the members of the Board of Control would be paid from the Indian treasury, placing a financial burden on India for the oversight of the East India Company.
Charter Act of 1813
The Charter Act of 1813 ended the East India Company's trade monopoly, opening India to other British traders due to the industrial revolution and pressure from British merchants. This act allowed British merchants and engineers to come to India and settle.
Charter Act of 1833
The Charter Act of 1833 further reduced the East India Company's commercial activities, transforming it into a purely administrative body. It allowed the British to purchase land in India. The Governor-General of Bengal was redesignated as the Governor-General of India. A fourth member, a law expert (Macaulay), was added to the Governor-General's council. The act also outlawed slavery in India, with legislation enacted in 1843.
Charter Act of 1853
The Charter Act of 1853 separated the legislative and executive functions of the Governor-General's council. A separate legislative council was established with six new members. A separate Lieutenant Governor was appointed for Bengal.
Act of 1858
The Act of 1858 ended the East India Company's rule, transferring the administration of India to the British Crown following the Sepoy Mutiny of 1857. The Court of Directors and the Board of Control were abolished. The Governor-General of India was renamed the Viceroy of India. A new position, the Secretary of State for India, was created in Britain to oversee Indian affairs, assisted by a 15-member advisory council. The act also initiated open competition for civil services.
Civil Services in British India
The chapter discusses the evolution of civil services in British India, initially established by the East India Company to manage commercial affairs. Over time, these services took on administrative responsibilities. Cornwallis initiated reforms to organize the civil services, and Wellesley established Fort William College in 1800 to train civil servants. In 1806, a college was established in England for two-year mandatory training. The Charter Act of 1853 introduced open competition for civil service positions, ending the directors' patronage.
Indian Civil Service Act and Reforms
The Indian Civil Service Act reserved certain positions for civil servants. Exams were conducted in English, and initially, only in England. Satyendranath Tagore became the first Indian to succeed in the civil services in 1863. Later, Lytton reduced the age limit to 18, making it more difficult for Indians. The Aitchison Committee in 1886 recommended increasing the age limit and conducting exams in both England and India, though this was not implemented.
Montagu-Chelmsford Reforms and Lee Commission
The Montagu-Chelmsford Reforms of 1919 aimed to establish a responsible government with more Indian participation. It recommended conducting exams in both India and England and reserving one-third of positions for Indians. A Public Service Commission was proposed, leading to the Lee Commission in 1924, which recommended that provincial governments handle local service appointments and that Indian and European participation be equal.
Government of India Act, 1935 and Evaluation of Civil Services
The Government of India Act of 1935 established a Federal Public Service Commission at the central level and Provincial Public Service Commissions at the provincial level. It also allowed for Joint Public Service Commissions for two or more states. The British aimed to exclude Indians from policy-making positions, as evidenced by the language of exams, exam locations, and age limits.
Police System in British India
The chapter discusses the development of the police system in British India. Before British rule, governments were autocratic, and there was no efficient police system. Cornwallis established police stations and appointed darogas and police officers. Each district was placed under a Superintendent of Police. Bentinck abolished the office of Superintendent of Police and made the Collector the head of the police department.
Indian Police Act of 1861 and Police Commission of 1902
The Indian Police Act of 1861 created a civil police force. The Director-General of Police was made the head of the province, and the Superintendent of Police was made the head of the district. The Police Commission of 1902 recommended the establishment of a Central Investigation Bureau and a Criminal Investigation Department (CID) in the provinces.
Reorganization of the Army
The chapter discusses the reorganization of the army under British rule. The British Indian Army was used for imperialistic expansion. After the Revolt of 1857, commissions were formed to reorganize the army. The number of British soldiers was increased to at least one-third of the army. Artillery and armed forces were monopolized by Europeans. Indians were not given high ranks until World War II. The army was divided based on religion, and efforts were made to prevent the spread of nationalism among soldiers.
British Judiciary in India
The chapter discusses the expansion of the British judiciary in India. Warren Hastings established civil and criminal courts in each district, with appeal courts above them. Cornwallis separated tax and justice administration and made European cases subject to the courts. Bentinck abolished traveling courts and established courts in Allahabad, allowing local languages in courts and making Arabic compulsory instead of Persian in the Supreme Court.
