Charter Act of 1858
The major provisions in this act were :
1. The British Parliament now had direct control over the Indian matters.
2. All the powers of the Board of Control and Board of Director were vested on the Secretary of India. Secretary of India was a member of the British Cabinet and a 15-member Indian council was constituted to assist him.
3. The company's regime was abolished and its responsibility was handed over to the British Crown. The Governor General of India came to be known as the Viceroy of India.
Indian Council Act, 1861
The main provisions of this act inculcates following key points :
1. The Viceroy was given the power to issue ordinances and use veto against the laws passed by the Legislative Council. It was the first time when such powers were given to Viceroy.
2. The Act expanded the executive committee of Viceroy.
3. It was the first act which laid the foundation of departmental system and cabinet system.
4. Viceroy was alloted the right to establish new provinces and mark their boundaries.
Indian Council Act, 1892
The act made the following provisions :
1. The act led to the increment in the number of members of the Central and Provincial Legislative Councils.
2. Electoral system was introduced but the members were elected indirectly.
3. The Indian members of the council were granted the right to participate in the annual budget debate and question the government. However, the condition was imposed that they could not ask the supplementary questions.
Indian Council Act, 1909
The act also referred as Morle Minto Reforms had the following provisions :
1. The act introduced the separate electorates for the Muslims. Few constituencies were particularly reserved for the Muslims and only Muslims could vote their representatives.
2. India got representation both in law-making and administration.
3. The members of the Central and Provincial Councils could discuss the budget and move resolutions. They could even ask supplementary questions.
4. The discussions were not permitted on certain subjects such as foreign policy or on relationships with the princely states.
5. Two Indian members were nominated to the council of the Secretary of State for Indian affairs.
Take on this Act :
• Majumdar said - "The act is just like a moonlight."
• K.M. Munshi said - "The act killed the emerging democracy."
Indian Council Act, 1919
The act was also referred as Montagu Chemsford Reforms. The main provisions of this act were :
1.The direct electoral system was introduced for the first time.
2. Separate electorates granted to the Sikhs, Europeans, Anglo-Indians and Indian Christians.
3. The act made a provision to appoint a new official known as High Commissioner of India and transferred some of the powers to him which were earlier performed by Secretary of State for India.
4. The dual scheme of governance known as 'dyrarchy' was introduced in the provinces. The provincial subjects were divided into two parts - reserved and transferred. The reserved subjects were administered by the governor and his executive council while the transferred subjects were administered by the governor with the assistance of ministers responsible to the legislative council.
5. It introduced the bicameral system at the centre consisting of an upper house (Council of State) and a lower house (Legislative Assembly). The tenure of the Central Legislative Assembly was three years which could be extended by Viceroy.
Take on this Act :
"Congress called this act disappointimg and satisfactory."
Government of India Act, 1935
It was enacted on 3 July, 1936. However the act fully came into the force on 1937 after the election. There were a total of 321 articles and 10 schedules in this act. The federal system of government was started for the first time in India. The main provisions of this act were :
1. The diarchy system was abolished in the provinces and the system of dyarchy was adopted at the centre.
2. This new constitution was inflexible and only the British Parliament had the right to amend it.
3. The communal electorate was further extended to the Harijans.
4. The act proposed unicameral legislature for 5 provinces and bicameral legislature for 6 provinces.
5. The Act made the provision for a Federal Court. This court was not the highest court to appeal. The appeal can be made against the decisions of this court in the Privy Council of England.
6. The Council of the Secretary of State for India was abolished and a federal authority was established.
7. The Central List (59 subjects), Provincial List and Concurrent List were made of Union subject.
8. Reserve Bank of India was established.
Take on this Act :
• "Jawaharlal Nehru called it a machine with many brakes but without engine."
• "Madan Mohan Malviya called it democratic from outside and hollow from inside."
• "Jinnah described it as completely rotten, bad in origin and absolutely rejected."
• "Jawaharlal Nehru called it the new charter of slavery."
Indian Independence Act, 1947
This bill based on the plan of the Viceroy Lord Mountbatten was introduced in the British Parliament on 4 July, 1947. The bill became an act on 18 July, 1947 after getting the royal recommendation. The main provisions of this act includes :
1. Partition of India and establishment of two dominions named India and Pakistan in its place.
2. Indian princely states were given the right to decide whether the wish to live in India or Pakistan.
3. Until a new constitution is formed in both the dominions, the Constituent Assembly of the states will have the right to make laws for themselves.
4. Until a new constitution is framed, the governance of both the states will be carried on by the Act of 1935.
5. Both the dominions would have have the rights reserved to remain in or to separate from the Commonwealth as per their choice.
6. From 15 August 1947, there would be separate Governor Generals for India and Pakistan.
7. Until new elections are held in the provinces, the old legislatures can function in the provinces.
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