Comparative Table of British Constitutional Acts (1858– 1947)

CROWN RULE

Act Year All Key Provisions Significance
Government of India Act 1858 – Ended East India Company rule. – Transferred powers to the British Crown. – Created the Secretary of State for India, a member of British Cabinet. – Established a 15- member Council of India to advise the Secretary of State. – Abolished Board of Control and Court of Directors (double government). – Governor-General of India became Viceroy. – Viceroy became Crown’s direct representative. – Secretary of State-

in-Council became a corporate body that could sue/be sued.

Beginning of direct British rule. Centralized administration under Crown.
Indian Councils Act 1861 – Allowed Indians to be nominated as non-official members in legislative councils. – In 1862, three Indians were nominated (Raja of Benaras, Maharaja of Patiala, Sir Dinkar Rao). – Restored legislative powers to Bombay and Madras Presidencies. – Allowed creation of legislative councils in Bengal, NW Provinces, and Punjab. – Gave legal recognition to portfolio system introduced by Lord Canning. – Empowered Viceroy to issue ordinances during emergency (6-

month validity).

Initiated representative institutions and decentralisation. First inclusion of Indians.
Indian Councils Act 1892 – Increased number of non-official members in Central and provincial councils. – Maintained official majority in all councils. – Councils allowed to discuss budget and ask questions. – Allowed indirect election (without using the term “election”): members nominated by Viceroy/Governors on

recommendation of bodies like

First move toward representative government via indirect election.

    municipalities, chambers of

commerce, universities.

 
Indian Councils Act (Morley- Minto Reforms) 1909 – Enlarged Central Legislative Council (from 16 to 60 members). – Increased provincial council size (non-uniform). – Retained official majority at Centre; allowed non- official majority in provinces. – Gave legislative councils power to ask supplementary questions, move resolutions on budget. – Introduced separate electorates for Muslims (first legal communal division). – Allowed representation for chambers of commerce, universities, zamindars. – For the first time, Indians were appointed to executive councils (e.g., Satyendra Prasad Sinha as Law

Member).

Expanded legislative participation. Introduced communalism in electoral politics.
Government of India Act (Montagu- Chelmsford Reforms) 1919 – Divided subjects into Central and Provincial. – Introduced dyarchy in provinces: → Transferred subjects (education, health, agriculture) handled by Indian ministers. → Reserved subjects (police, finance) retained by Governor and Executive Council. – Introduced bicameral legislature at Centre: → Council of State (Upper House), Legislative Assembly (Lower House). – Introduced direct elections. – Extended communal electorates to Sikhs, Christians, Anglo-Indians, Europeans. – 3 of 6 Executive Council members (excluding C-in- C) to be Indians. – Created office of High Commissioner for India in London. – Established Central Public Service Commission (1926). – Separated provincial and central budgets. – Provided for

Statutory Commission after 10 years (led to Simon Commission).

Brought dyarchy, bicameralism, direct elections, but failed to satisfy nationalist aspirations.
Government of India Act 1935 – Proposed All-India Federation of British Indian provinces + princely states. – Divided powers into Federal (59), Provincial (54),

Concurrent (36) lists. – Residuary

Most detailed and far- reaching act. Laid the framework of the Constitution, despite not

creating federation.

    powers with Viceroy. – Abolished dyarchy in provinces and introduced provincial autonomy. – Introduced dyarchy at the Centre (never implemented). – Introduced bicameralism in 6 provinces (Bengal, Bombay, Madras, Bihar, Assam, UP). – Extended separate electorates to SCs, women, labour.

– Abolished Council of India (1858). – Secretary of State advised by advisors. – Expanded franchise to ~10% of population. – Provided for establishment of: → Reserve Bank of India (1935) → Federal Public Service Commission (UPSC) → Provincial and Joint

PSCs → Federal Court (1937).

 
Indian Independence Act 1947 – Ended British rule; declared India and Pakistan independent and sovereign from August 15, 1947. – Provided for partition into two dominions: India and Pakistan. – Abolished Viceroy; created office of Governor-General (appointed by King on dominion cabinet’s advice). – Constituent Assemblies of India & Pakistan empowered to:

→ Frame constitutions. → Repeal any British law. – Dominions could legislate for themselves; British Parliament laws not applicable after 15 August 1947. – Secretary of State for India abolished; duties given to Secretary of State for Commonwealth Affairs. – British paramountcy lapsed; princely states could join India, Pakistan, or remain independent. – Provided for temporary governance under GOI Act 1935 (with modifications). – British King’s right to veto bills/reserve bills abolished. – Governor-General retained this right temporarily. – Governors and Governor-General made constitutional heads, bound by advice. – Dropped title

“Emperor of India” from King’s titles. – Stopped British

Marked India’s and Pakistan’s independence. Gave full sovereign power to Indians. Transitioned to Republic of India (1950) and Islamic Republic of Pakistan (1956).

    appointments to civil services;

existing officers retained protections.