Study Note on Important Acts passed before the formation of the Indian Constitution (Part 1)

The Regulating Act, 1773

The Regulating Act of 1773 was enacted as a first step to regulate the working of East India Company.

• A collegiate government was formed in Bengal consisting of the Governor General, who was vested civil and military powers.
• A Supreme Court was established in Bengal comprising of a chief justice and three other judges.

Pitts’s India Act, 1784

This Act was a further extension of the control of the British Government over the company affairs.

• Board of control was established to control the civil, military and revenue affairs of the company
• The Court of Proprietors was no more empowered to revoke or suspend the resolution of the directors approved by the Board of Control.

Charter Act of 1833

The act focused on centralization of powers.

• The Governor General of Bengal was made the Governor General of India. The first Governor General of India was William Bentinck.
• He was given legislative powers over the entire India including the Governors of Bombay and Madras. 
• The company lost the status of a commercial body and was made purely an administrative body.
• A Law Commission was set up to consolidate and codify Indian Laws.

Charter Act of 1853

Due to vastness of British Empire in India, the demands for decentralization increased not only in India but also in Britain. Under these circumstances the Charter Act of 1853 was enacted.

• It brought out separation in the legislative and executive functions of the Governor-General’s council.
• Access to compete civil services for Indians.
• Local representation of 4 members was provided in the Central Legislative Council.

Government of India Act, 1858

The rule and aggressive territorial policies of East India Company in India led to resentment among the aristocrats and ruling class in India, which resulted in the revolt of 1857.

• India was to be governed by and in the name of crown through Viceroy, who would be the representative of crown in India. The designation of Governor General of India was changed to Viceroy. Thus, Governor General Lord Canning became the first Viceroy of India
• Board of Control and Board of directors were abolished transferring all their powers to British Crown
• A new office ‘secretary of state was created with a 15 member council of India to assist him. Indian Councils Act, 1861
• The major focus of the act was on administration in India. It was the first step to associate   Indians to legislation.
• The act provided that the viceroy should nominate some Indians as non-official members in legislative council.
• The legislative powers of Madras and Bombay presidencies were restored.
• It provided for the establishment of legislative councils for Bengal, North-Western Frontier Province (NWFP) and Punjab.
• Viceroy was empowered to issue ordinances during an emergency without the concurrence of the legislative council.