Chapter 26 : Constitutional, Administrative, and Judicial Developments

Constitutional, Administrative, and Judicial Developments

Constitutional Developments between 1773 and 1858

Background Context:

• 1601 Charter: Planted seeds of modern legislative process; authorised the Governor and East India Company (EIC) to make laws, constitutions, orders, and ordinances.
• Charter of 1726: Vested legislative powers with Governors and Councils of the three Presidencies for the first time.
• Battle of Buxar (1764): EIC acquired the Diwani (right to collect revenue) of Bengal, Bihar, and Orissa.
• Annual subsidy paid to Mughal emperor Shah Alam II.
• Annual pension paid to Nawab of Awadh Shuja-ud-Daula.
• EIC appointed two Indian deputy diwans: Mohammad Reza Khan (Bengal) and Raja Shitab Rai (Bihar).
• 1767: First British government intervention; demanded 10% share in plunder (4 million pounds annually).
• 1765–72 (Dual System): EIC had authority without responsibility; Indian representatives had responsibility without authority. Resulted in rampant corruption, excessive revenue collection, peasant oppression, and EIC bankruptcy while servants flourished.

Acts Regulating the East India Company (1773–1858)

Developments after 1858 till Independence

Acts Regulating the British Government in India (1861–1935)

The Limited Franchise and Women's Vote

• Franchise criteria: Property rental value, taxable income, land revenue, municipal tax, or army service.
• Women's Vote Campaign: Margaret Cousins, Dorothy Jinarajadasa, Bharat Stri Mandal, Women's India Association.
• Key Figures:
• Sarojini Naidu: Demanded women be considered 'people' (1917 Bombay Congress).
• Sarladevi Chaudharani: Moved resolution for women's vote (1918 Congress).
• Outcome: 1919 Act left it to provincial councils. Between 1919-1929, all provinces/princely states granted women the vote.
• 1921: Madras, Bombay, and Rajkot State were first to grant the vote.
• 1926: Dr S. Muthulakshmi Reddi became first woman legislator (Madras Legislative Council).
• 1931: Karachi session of INC pledged universal adult franchise.

Simon Commission (1927)

• Appointed 2 years early (Indian Statutory Commission). Report submitted 1930.
• Recommendations: Abolish dyarchy, extend responsible govt in provinces, establish federation of British India and Princely States, continue communal electorates.
• Led to 3 Round Table Conferences → White Paper (March 1933) → Joint Committee under Lord Linlithgow (1934, said federation would be set up if at least 50 per cent of the princely states were ready to join it) →…