Constitutional And Administrative Development In British Rule

Constitutional And Administrative Development In British Rule
Administrative Development In British Rule

The Indian administrative structure is primarily a legacy of British rule. British in place of various structural and functional aspects of Indian administration, such as Secretariat system, All India Services, Recruitment, Training, Office system, Local administration, District administration, Budget system, Audit, Central tax trend, Police administration, Revenue administration etc. Governance is enshrined in it.
British rule in India can be divided into two stages – the rule of the company till the year 1858 and the rule of the British crown till 1947.
Constitutional Development Constitutional Development

The major events of the changes in the constitution during British rule (which provided legal basis for the functioning and organization of administration in British rule India) are as follows – Regulating Act 1773
This was the first step taken by the British government to control and regulate the affairs of the East India Company in India. As a result, the following 3 important changes took place in the foundation of central administration –
The act gave the Governor of Bengal the post of Governor General of Bengal. Lord Warren Hastings got the credit for being the first Governor General.
This placed the governors of Mumbai and Madras under the Governor General of Bengal.
It established the Supreme Court as the apex court in Kolkata.
Pitt’s India Act 1784

This act put the cases of Indians directly under the British Government.
The Board of Control was formed to control the East India Company governing body ‘Court of Directors’, which represented the cabinet.
Charter Act 1833

The Act conferred upon the Governor General of Bengal, the title of Governor General of India. He received all kinds of civil and military powers.
The Government of Mumbai and Madras were deprived of their legislative powers.
This was the last step towards centralization of British India. The Government of India first emerged as a result of this act. Who had authority over all the territory occupied by the British rulers.
Through this act, the commercial activities of the East India Company also came to an end.
Charter Act 1853

This act resulted in the first separation of legislative functions of the Council of Governors General’s Council.
As a result of this act, an open competition system for the recruitment of public servants was introduced for the company and the directors had to be deprived of their powers.
Government of India Act 1858

As a result of this act, the government, territories and revenues of India were transferred from the East India Company to the British crown, that is, the rule of the company was replaced by the British crown in India.
In India, the powers of the British crown were exercised by the Secretary of State. Thus the new post took over the place of Control and Board of Directors.
The Secretary of State Cabinet was a member of the British Cabinet, supported by the 15-member Council of India.
The Secretary of State had powers and authority over the Indian administration. The Governor General was his agent and was accountable to the British Parliament.

Indian Council Act 1861

Representative institutions were started for the first time in India so that it could be arranged that at the time of legislative work, some Indians were also included in the Governor General’s Executive Council as non-official members.
This gave legislative powers to the Presidency of Mumbai and Madras, leading to the process of decentralization.
The portfolio system received constitutional recognition.
This gave the Governor General the power to formulate rules for the smooth functioning of the Council.
Indian Council Act 1892

The principle of election was introduced indirectly through this act.
The Governor-General still had the power of nomination when members were indirectly elected.
Through this act, I expanded the scope of the legislative council, it got the power to discuss the budget and put questions before the executive.
Indian Council Act 1909

This Act is also known as Minto-Marley Reform Act (Lord Marley was the then Secretary of State of India and Lord Minto was Governor General).
It renamed the Central Legislative Council as the Imperial Legislative Council and paved the way for an official majority.
Provided unofficial majority power in Provincial Legislative Councils. Apart from this, the size and functioning of the Legislative Councils were expanded through this Act.
Communal representation system for Muslims was also introduced through the act by accepting the notion of separate electorate. Thus sectarianism gained statutory status through the act and by this Lord Minto is considered the father of the communal electorate.
Indian Government Act 1919

The Act is also known as Montague Chanceford Reform (then Secretary of State Monte and then Governor General Lord Chanceford in India).
Through the Act, the central control over the provinces was reduced to the central and provincial subjects separately.
The Central and Provincial Legislative Assemblies were authorized to enact laws relating to their own table of contents.
Through this Act, the provincial subjects were divided and divided into two parts.
The transferred subjects were broadcast by the governor. Which had the support of ministers responsible for the Legislative Council in their work.
The reserved subjects were also under the Governor, but in this he had the support of the Executive Council which was not responsible to the Legislative Council. This dual method of governance was known as duplex rule, but this experiment was not successful.
As a result of this act, bicameral and direct elections were started in the country. Thus the bicameral legislature came into existence in place of the Imperial Legislative Council, which had provision for the Upper House (State Council) and the Lower House (Legislative Assembly). Most of the members of these two houses were elected by direct election.
In this act, it was provided that in the 6 member Governor General Council, three members (except the Commander in Chief) would be Indians.

Government of India Act 1935

Under the Confederation Act, provision was made for the establishment of All India Confederation by including princely states as provinces and units. As a result, through this Act, the division of powers between the center and the units was done in the context of 3 lists –
For Federal List Center – Including 59 items
Provincial list for provinces – including 54 items
Concurrent list including 36 items for both Center and Province.
The remaining powers were given to the Governor General. However, the Sangh never came into existence because the prince did not join it.
Provincial autonomy

The act ended the diarchy of the provinces and was replaced by provincial autonomy.
The provinces were largely free from the control of the center and were given the freedom to function as autonomous units of administration within their own defined area. In addition, this Act introduced responsible government in the provinces, that is, the governor had to act on the advice of ministers responsible to the provincial legislative assembly.
This part of the Act came into effect in the year 1930 but was abandoned in the year 1939.
Duplex governance at central level

The Act provided for adoption of diarchy at the central level.
As a result, the federal table of contents was divided into reserved and transferred table of contents. However, this provision of the Act did not take effect.
Bicameral system in provinces

A bicameral system was introduced by this Act in 6 of the 11 provinces.
Thus the legislatures of Mumbai, Bengal, Madras, Bihar, Assam and the United Provinces were divided into two Houses i.e. the Vidhan Parishad (Upper House) and Vidhan Sabha (Lower House). Many restrictions were also imposed on them.
Indian Independence Act – 1947

The provisions of the Government of India continued to operate as per the provisions of the 1919 Act, with provisions relating to the Confederation and Diarchy under the Act of 1935 not taking effect until the year 1947.
Thus done under the 1919 Act – continued until 1947 by the Executive Council.
By this, India was declared an independent and sovereign state and the British Parliament’s accountability to the administration of India ended.
This led to the establishment of a Northern Government at both the Central and Province levels. The Governor-General and the Provincial Governors of India were appointed as Constitutional Heads for nomination only. In other words, both of them had to act on the advice of the Council of Ministers.
It entrusted two functions (constitutional and legislative) to the Constituent Assembly constituted in the year 1946. It declared this colonial legislature as a sovereign institution.

Evolution of Civil Services Evolution of Civil Services

The public service and public service system was first introduced in India by the British rulers during the reign of East India (17th) century.
Initially, the servants of the East India Company engaged in commercial work were called public servants for the purpose of keeping the company’s site separate from the army and navy workers.
In 1675, the company entered the tradition of classifying posts regularly in the following manner- (in order from bottom to top).
The Apprentice
Junior merchant
Senior merchant
Later, when the company’s control area expanded, public servants also had to do administrative work.
By the year 1765, the term public servant was being used in the official records of the company.
Public service emerged as a result of the efforts of Lord Warren Hastings and Lord Cornwallis. Hastings laid the foundation for public service and Cornwallis gave it a rational and new look.
Therefore, Lord Cornwallis is called the father of public service in India. He started the higher public service, which was different from the lower level public service.
The higher public service was formed by company law while the lower level public service was formed otherwise.
Carnavalis kept the posts of the North Public Service reserved for the British and deprived Indians of high posts because-
Cornwallis did not believe in Indian loyalty and competence.
He thought that the task of establishing and keeping British rule in India could not be left to the people of Indian origin.
He believed that an administration based on the British model in India could be established only by the British and not by Indians.
He wanted to keep high posts under the civil service reserved for influential people of British society.
In the year 1800, the then Governor General Lord Wellesji established Fort William College in Kolkata to train the company’s public servants.
This work of Wellesley was not supported by the Court of Directors (the governing body of the East India Company), who established the East India College at Helibari in England in the year 1806 to impart training.
Through the Charter Act of 1833, the company tried to introduce an open competition system as the basis for the selection of public servants.
The act also mentioned that Indians should not be denied employment, position and rights under the company.
However, the provisions of this act could not be implemented due to opposition from the Board of Directors who wanted to continue the protection system itself.
The protection system came to an end through the Macaulay Committee Charter Act 1853 and the open competition system was introduced as the basis for the selection and recruitment of the company’s public servants.
In this way, the Board of Directors was deprived of its patronage powers and Indians were also included in the High Public Service Competition under the rules made by the Board of Control.
In the year 1854, the Macaulay Committee (Committee on Indian Public Service) was appointed to suggest measures to implement the above provisions of this Act.

The Macaulay Committee submitted its report only in 1854, in which the following recommendations were made –

Open competition system should be adopted for recruitment in civil services.
For admission in this examination, the age of the candidates should be 18 to 23 years.
The competitive examination should be held in London.
Candidates should be put on probation for some time before they are finally appointed.
East India College at Helibari should be closed.
The level of competitive examination should be high and only the selection of candidates with deep knowledge should be ensured.
The Board of Control accepted all the above recommendations and implemented them.
The first open competition was held in London under the Board of Control formed in 1855.
Later in the year 1858, the responsibility of conducting this competitive examination was entrusted to the British Civil Service Commission formed in the year 1855.
In 1858, after closing the East India College, public servants were being trained in British universities.
The first Indian Satyendra Nath Tagore got admission in the Higher Public Service only in 1864.
In the Indian Civil Service Act 1861, a provision was made to reserve some important posts of members of the higher service.
After this, the errors of the Act of 1861 were rectified through the Civil Service Act 1870 and provision was made for the entry of Indians in it. But it was implemented only in 1879 by the then Viceroy Lord Lytton.
Achievement Commission

In the year 1886, the Public Service Commission was formed under the chairmanship of Charles Aitchishan to do full justice to the claim of Indians to hold high positions in the public service.
The Aitchishan Commission submitted its report in the year 1887, in which the following recommendations were made –
The two-tier classification (ie higher and lower) of the civil services should be replaced with the 3-tier classification ie Imperial (highest), Provincial (provincial) and Subordinate (subordinate).
The maximum age limit for admission to civil service should be set at 23 years.
Should be of statutory civil service system of recruitment.
Competitive exams should not be held simultaneously in England and India.
Few percent of the members of the provincial civil service under the Imperial Service should be promoted and filled. The recommendations of the Commission were widely accepted and implemented. The statutory civil service was abolished in 1892.
Islington Commission

Again in 1992, the Royal Commission on Public Service was appointed in India under the chairmanship of Islington. The Islington Commission submitted its report in 1915, in which the following recommendations were made –
Recruitment to higher posts should be done partly in England and partly in India. But it did not support the idea of ​​conducting competitive examinations in England and India at the same time.
Higher posts should be filled by Indians through 25 percent partly through direct recruitment and partly through promotion.
Services under the Government of India should be classified into Category I and Category II.
While determining the salary of public servants, the principle of maintaining work capacity should be adopted.
There should be a probation period of 2 years for direct recruitment. I. C. S. For this period should be three years.
The Commission’s report was published in 1917 when its recommendations became irrelevant due to the First World War and the August 1917 declaration. Therefore, there was no serious discussion on these recommendations.
Mont-ford report

The next milestone in the development of public service was the Montague-Chanceford-Report or the Mont-Ford Report or the Report on Indian Constitutional Reforms in 1918), which made the following recommendations-
33% of higher posts should be filled through recruitment in India and this percentage should be increased to 1.5% per annum.
Competitive examinations should be conducted at the same time in India and England.
ICS Good salary, pension benefits and allowances should be given to its members.
The above recommendations were accepted and implemented by the Government of India Act of 1919.
At the time of this Act, 9 All India Services were present.

Indian Civil Service ICS
Indian Police Service
Indian Forest Service
Bharti Forest Engineering Service
Indian Engineering Service
Indian Civil Veterinary Service
Indian Medical Service
Indian Educational Services
Indian Agricultural Service

The last All India Service as Indian Agricultural Service was added to this list in 1906-07.
Members of these services were recruited and controlled by the Secretary of State for India. Therefore, these services were also considered as the Secretary of State Service.
Notably, the term All India Service was first used in 1918 by the Division of Work. M.E. Gatlett was the chairman of this committee.
The first competition examinations (ICS exams) were held in India (in Allahabad) in 1922 under the supervision of the British Civil Service Commission as a result of the 1918 and 1919 seasons.
By this time, five methods existed for entry into the higher public service. These methods were-
By open competitive examinations conducted in England
By separate competitive examinations conducted in India
By appointments from the bar (in relation to judicial posts)
By nomination to promote community and provincial representation (in India)
In 1922, the Staff Selection Board was constituted by the Government of India for recruitment to lower services. It continued to work until 1926.
After this, the works started to be done by the newly formed Public Service Commission.
Lee commission

In the year 1923, the Royal Commission on Higher Civil Services in India was appointed under the chairmanship of Lord Viscount Lee.
The commission while presenting its report 1924 made the following recommendations-
Indian Civil Service, Indian Police Service, Indian Medical Service, Indian Engineering Service (Irrigation Branch), Indian Forest Service (except Mumbai Province) should be maintained. The work of appointing and controlling the members of these services should be done by the Secretary of State of India.
No further recruitment / recruitment for other All India level services, viz. Indian Agricultural Service, Indian Veterinary Service, Indian Educational Service, Indian Engineering Service (Road & Building Branch) and Indian Forest Service (only in Mumbai Province). needed. In future, the task of appointing and controlling members of these services should be done by the provincial governments.
For Indianisation of services, 20% of the posts should be filled on the basis of promotion to the provincial civil service. At the time of direct recruitment, the ratio of British and Indians should be equal so that the target of 50-50 ratio can be achieved in about 15 years.
Retirement should be allowed on the basis of proportionate pension to British officers who are not willing to work under Indian Ministers.
Public Service Commission should be constituted as per the provision of Government of India Act 1919.
Recognizing the above recommendations, the British Government, implementing them, established the Public Service Commission in 1926 and entrusted the commission to recruit public servants.
The commission had a chairman and four other members and the first chairman was Sir Ross Barker, a senior member of the British Home Public Service.
In 1937 (when the 1935 Act came into force), this Commission was replaced by the Federal Public Service Commission and finally, on 26 January 1950 (when the Indian Constitution came into force), the Union Public Service Commission came into existence.
A provision was made in the Government of India Act, 1935 to protect the rights and privileges of members of the Lok Sabha.
The Act provided for the establishment of the Federal Public Service Commission and the Provincial Public Service Commission, as well as the establishment of a Joint Public Service Commission for two or more provinces.
In the year 1947, only two services of all India level existed – Indian Civil Service and Indian Police Service.
Apart from this, various central and state level services also existed. The central services were classified into 4 categories – Category-I, Category-II, Subordinate and lower class IV services.

Development of other institutions Growth of Other Institution

Central secretariat

In 1843, the Governor General of India separated the Secretariat of India from the Secretariat of the Government of Bengal, which led to the establishment of Home, Finance, Defense and Foreign Departments in the Central Secretariat.
In the year 1859, the system of portfolio (department-division) was introduced by Lord Canning, as a result of which a member of the Government General Council was put in charge of one or more departments of the Central Secretariat and authorized to issue orders on behalf of the Council. it was done.
In the year 1905, Lord Curzon introduced the tenure system for secretariat personnel.
In the year 1905, the Railway Board was formed by a proposal of the Government of India, as a result of which the control of the railway was handed over from the Public Works Department to this Board.
In the year 1947, the departments of the Government of India were renamed as Ministry. At that time there were 18 ministries in the Central Secretariat.
state Administration

Institutions associated with state administration that came into existence and developed during the British rule were as follows:

In the year 1772, Lord Warren Hastings created the post of District Collector for the dual purpose of revenue collection and justice.
In the year 1786, an organization named Revenue Board was first formed in Bengal to deal with issues related to revenue administration at the state level.
In the year 1792, Lord Cornwallis introduced the Daroga system in place of the Zamindari police station system which was directly under the control of the district head.
In the year 1929, Lord William Bentick created the post of Divisional Commissioner as an arbitral authority between the district and state headquarters.
The Constable system was established in the year 1861 through the Indian Police Act, by which the District Police was subordinated to the District Magistrate (District Collector).
Local administration

Institutions related to urban local governance of present India came into existence and developed during the British rule, which are as follows-

In the year 1687, the first Municipal Corporation in India was established in Madras.
Bombay (present-day Mumbai) and Calcutta (present-day Kolkata) municipal corporations were established in the year 1726.
In the year 1870, local self-government institutions were developed by Lord Mayo’s proposal related to financial decentralization.
Lord Ripon’s proposal of the year 1882 was considered as the ‘Magnacarta’ of local self-government. Lord Ripon is considered the father of local self-government in India.
On the issue of decentralization, the Royal Commission was appointed in 1905, which presented its report in 1009. The chairman of this commission was Hobhouse.
Under the system of diarchy introduced in the provinces through the Government of India Act, 1919, local self-government received the status of a transferred subject, with the Indian minister in charge.
In 1924, a Cantonment Act was passed by the Central legislature.
Provincial autonomy was declared as local self-government under the Provincial Autonomy Scheme launched by the Government of India Act 1935.

financial administration

The Indian Audit and Accounts Department was formed in 1735.
The budget system started in the year 1860.
In the year 1870, Lord Mayo decentralized financial administration as a result of which provincial governments were made responsible for local financial management.
In 1921, on the recommendation of the Ackworth Committee, the Railway Budget was separated from the General Budget.
In 1921, the Public Accounts Committee was formed at the center.
The Reserve Bank of India was established in the year 1935 by the Central Act.
Post Independence Change

After independence, the structure of Indian administration was prepared through the Indian Constitution, in which a provision of democratic and welfare state was made. There were many changes in the vision of administration in independent India, which are as follows:

Parliamentary system of government was introduced at both the central and state levels. In this, along with giving prominence to the executive, which originated from the legislature, it was made accountable to the legislature.
The federal political system started with the sharing of powers between the center and the states, but the central government was given more power.
The political executive was retained on the higher public servants and the public servants were considered under the political executive.
Many departments related to welfare and development were developed at both the levels of politics (Center and State). New public services (All India, such as both IFS and Central Services) and Public Service Commission were formed at both levels.
The role of public servants was changed and other socio-economic development process was entrusted with the task of changing agents.
Parties related to welfare and development were included in the administration through national revolution and district level planning. The Panchayati Raj system was introduced to strengthen democracy at the lowest levels.
Participation of people in administration was ensured at all levels through advisory committees, pressure groups and others.

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