Historical Background of the Indian Constitution (1773–1947)

Our Constitution did not appear overnight. It grew step by step out of laws made during British rule. The paper repeatedly asks direct questions from this chapter — which Act came in which year, and what it did first. Master the acts, the years, and the "firsts", and these become guaranteed marks.

Phase 1: Company Rule (1773–1858)

The East India Company came to trade but slowly became a ruler. To control the Company, the British Parliament passed a series of Acts. Each Act added one new brick to the building that finally became our Constitution.

Acts during Company Rule — what each did first
Act & YearKey Provisions (remember these!)
Regulating Act, 1773First step by Parliament to control the Company. Governor of Bengal became Governor-General of Bengal (first: Warren Hastings). Supreme Court at Calcutta (1774). Executive Council of 4 members.
Pitt's India Act, 1784Set up Board of Control → start of dual government (Company + Crown). Company territories first called "British possessions in India".
Charter Act, 1813Ended Company's trade monopoly in India (kept only tea & trade with China). ₹1 lakh per year for education of Indians.
Charter Act, 1833Governor-General of Bengal became Governor-General of India (first: William Bentinck). Company became a purely administrative body — all trade ended. Laws made under it were now called Acts, not Regulations.
Charter Act, 1853Separated legislative and executive functions — separate Legislative Council. Introduced open competition for civil services (Macaulay Committee, 1854). Indians were also eligible.
🧠 Simple trick
1773 → control begins; 1784 → dual govt; 1813 → trade opens; 1833 → one India, one Governor-General; 1853 → competition for jobs. Say it as a story and the years stick.

Phase 2: Crown Rule (1858–1947)

After the Revolt of 1857, Britain removed the Company and took direct control. Now the Acts slowly started including Indians in governance — first by nomination, then by election.

Acts during Crown Rule
Act & YearKey Provisions
Government of India Act, 1858Rule transferred from Company to British Crown. Post of Secretary of State for India created. Governor-General also became Viceroy (first: Lord Canning).
Indian Councils Act, 1861Indians first nominated into law-making (e.g. Raja of Banaras, Maharaja of Patiala, Sir Dinkar Rao). Portfolio system introduced. Legislative powers restored to Bombay & Madras (start of decentralisation).
Indian Councils Act, 1892Beginning of indirect elections (nomination on recommendation). Members could discuss the budget and ask questions.
Morley–Minto Reforms, 1909Separate electorate for Muslims — Lord Minto called "Father of Communal Electorate". Satyendra Prasad Sinha: first Indian in the Viceroy's Executive Council.
Montagu–Chelmsford Reforms, 1919Dyarchy in provinces (subjects split into transferred & reserved). Bicameral central legislature. Direct elections introduced. Provided for a Public Service Commission (set up 1926).
Government of India Act, 1935Longest Act; biggest source of our Constitution. Proposed All-India Federation (never formed). Provincial autonomy — dyarchy ended in provinces, introduced at Centre. Federal Court (1937), RBI (1935). Extended separate electorates.
Indian Independence Act, 1947British rule ended on 15 August 1947. Two dominions: India & Pakistan. Constituent Assemblies became fully sovereign — free to frame any constitution.
🧠 Exam angle
The paper loves "firsts": first Governor-General of Bengal (Warren Hastings), of India (William Bentinck), first Viceroy (Canning), first Indian in Executive Council (S.P. Sinha), first separate electorate (1909), first dyarchy (1919). Revise this list before every attempt.

The Government of India Act, 1935 — A Closer Look

The 1935 Act is called the "blueprint" of our Constitution because so many of its structural features were carried over almost as-is. It is worth understanding in more depth than a single table row can show.

  • All-India Federation was proposed with British India provinces and the Princely States as units — but it never came into force because not enough princely states acceded (they feared losing autonomy). So India remained governed as a unitary system in practice till 1947.
  • It divided subjects into three lists — Federal, Provincial and Concurrent — the direct ancestor of the Union, State and Concurrent Lists in our Seventh Schedule today.
  • Diarchy (introduced at the provinces by the 1919 Act) was abolished in the provinces and introduced at the Centre instead — though the central diarchy, like the federation, never actually started.
  • Provincial autonomy: provinces were given self-governing powers, subject to the Governor's "special responsibilities" (discretionary powers reserved for the Crown's interest) — the ancestor of the discretionary powers a Governor holds today.
  • Established a Federal Court (1937) — the direct predecessor of the Supreme Court of India, and the Reserve Bank of India (1935, under a separate RBI Act 1934) to manage currency and credit.
  • Extended separate electorates to more communities (Sikhs, Indian Christians, Anglo-Indians, Europeans) alongside Muslims, and gave the vote to about 1/6th of India's population (an enlargement, but still far from universal suffrage).
  • Provincial elections were held under this Act in 1937 — Congress formed ministries in most provinces, resigning in 1939 in protest against India being dragged into World War II without consultation.
⚠️ Exam trap
Do not assume the 1935 Act's federation and central diarchy actually started — both remained on paper only. What DID start were provincial autonomy and the 1937 provincial elections.

Key Committees, Reports & Missions (1927–1947)

Alongside the Acts of Parliament, a parallel thread of British commissions and Indian political responses shaped the run-up to Independence and the Constitution. The paper tests this thread as much as the Acts themselves — do not skip it.

From Simon Commission to Independence
  1. 1927–28
    Simon Commission — an all-British commission (no Indian member) sent to review the 1919 Act's working; boycotted with "Simon Go Back" protests.
  2. 1928
    Nehru Report (Motilal Nehru) — India's first home-grown draft constitution, in response to a British challenge to produce one; demanded Dominion Status and, notably, joint (not separate) electorates and fundamental rights.
  3. 1930–32
    Three Round Table Conferences in London discussed constitutional reform; Congress boycotted the first, Gandhiji alone attended the second (after the Gandhi–Irwin Pact, 1931) representing Congress, the third saw little Congress participation.
  4. 1932
    Communal Award (Ramsay MacDonald) extended separate electorates to the Depressed Classes too; Gandhiji's fast against it led to the Poona Pact (1932) with Ambedkar, replacing separate electorates for Depressed Classes with reserved seats in joint electorates.
  5. 1940
    August Offer — promised Dominion Status after the war and expansion of the Executive Council, rejected by Congress and the League alike.
  6. 1942
    Cripps Mission (Sir Stafford Cripps) offered Dominion Status after the war with a right for provinces to opt out — rejected by Congress ("a post-dated cheque on a crashing bank", per Gandhiji); led directly to the Quit India Movement.
  7. 1945
    Wavell Plan / Shimla Conference — proposed an all-Indian Executive Council with equal Hindu-Muslim representation; failed over the League's demand to nominate all Muslim members.
  8. 1946
    Cabinet Mission (Pethick-Lawrence, Stafford Cripps, A.V. Alexander) rejected a separate Pakistan but proposed a three-tier federation and, crucially, laid down the plan for a Constituent Assembly — the body that actually wrote our Constitution.
  9. 1947
    Mountbatten Plan (3 June Plan) finalised Partition into India and Pakistan, given legal effect by the Indian Independence Act, 1947.
🎯 Why the Cabinet Mission matters most
Of all these missions, the Cabinet Mission (1946) is the one the paper connects directly to our Constitution — because it is the plan under which the Constituent Assembly itself was elected and constituted, first meeting on 9 December 1946.
🧠 Chronology chain
Simon (1927) → Nehru Report (1928) → Round Table Conferences (1930-32) → Communal Award & Poona Pact (1932) → August Offer (1940) → Cripps Mission (1942) → Wavell Plan (1945) → Cabinet Mission (1946) → Mountbatten Plan (1947). Say the chain in order and dates lock in place relative to each other.

Key takeaways

  • 1773 Regulating Act — Parliament's first control over the Company; Governor-General of Bengal; Supreme Court at Calcutta (1774).
  • 1784 Pitt's India Act — Board of Control; dual government begins.
  • 1813 — trade monopoly ended; ₹1 lakh for education. 1833 — Governor-General of India (Bentinck); Company became purely administrative.
  • 1853 — legislative & executive separated; open competition for civil services.
  • 1858 — Crown rule; Secretary of State; first Viceroy Lord Canning.
  • 1861 — Indians nominated to councils; portfolio system. 1892 — indirect elections; budget discussion.
  • 1909 Morley–Minto — separate electorate for Muslims; S.P. Sinha first Indian in Executive Council.
  • 1919 Montagu–Chelmsford — dyarchy in provinces; bicameralism; direct elections; PSC provision.
  • 1935 GoI Act — provincial autonomy, Federal Court, RBI; the single biggest source of the Indian Constitution.
  • 1947 Independence Act — 15 August 1947; two dominions; sovereign Constituent Assembly.
  • The 1935 Act's All-India Federation and central diarchy never actually started; what did start were provincial autonomy and the 1937 elections. Federal Court (1937) and RBI (1935) both trace to this Act.
  • Chronology: Simon Commission (1927) → Nehru Report (1928) → Round Table Conferences (1930-32) → Communal Award & Poona Pact (1932) → Cripps Mission (1942) → Cabinet Mission (1946, proposed the Constituent Assembly) → Mountbatten Plan (1947).

Practice questions (16)

Attempt each one before opening the answer. Every explanation names the tempting wrong option as well as the right one, because that is where marks are lost.

  1. Under which Act was the post of Governor-General of Bengal created?

    1. Regulating Act, 1773
    2. Pitt's India Act, 1784
    3. Charter Act, 1833
    4. Government of India Act, 1858
    Show answer

    Answer: A — Regulating Act, 1773

    The Regulating Act, 1773 made the Governor of Bengal the Governor-General of Bengal. Warren Hastings was the first.

  2. The Supreme Court at Calcutta was established in which year?

    1. 1773
    2. 1774
    3. 1784
    4. 1813
    Show answer

    Answer: B — 1774

    Provided by the Regulating Act 1773, the Supreme Court at Calcutta was actually set up in 1774 (Chief Justice: Elijah Impey).

  3. Who was the first Governor-General of India?

    1. Warren Hastings
    2. Lord Canning
    3. William Bentinck
    4. Lord Mountbatten
    Show answer

    Answer: C — William Bentinck

    The Charter Act 1833 made the Governor-General of Bengal the Governor-General of India — William Bentinck was the first. (Warren Hastings = first of Bengal; Canning = first Viceroy.)

  4. Separate electorate for Muslims was introduced by which reform?

    1. Indian Councils Act, 1892
    2. Morley–Minto Reforms, 1909
    3. Montagu–Chelmsford Reforms, 1919
    4. Government of India Act, 1935
    Show answer

    Answer: B — Morley–Minto Reforms, 1909

    The Indian Councils Act 1909 (Morley–Minto Reforms) introduced separate electorates for Muslims; Lord Minto is called the "Father of Communal Electorate".

  5. Dyarchy in the provinces was introduced by which Act?

    1. Government of India Act, 1919
    2. Government of India Act, 1935
    3. Indian Councils Act, 1909
    4. Government of India Act, 1858
    Show answer

    Answer: A — Government of India Act, 1919

    The GoI Act 1919 (Montagu–Chelmsford) introduced dyarchy in provinces. The 1935 Act abolished it in provinces and introduced it at the Centre.

  6. Consider the following statements about the Charter Act, 1833:
    1. It made the Governor-General of Bengal the Governor-General of India.
    2. It ended the commercial activities of the East India Company.
    Which of the statements is/are correct?

    1. Only 1
    2. Only 2
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer

    Answer: C — Both 1 and 2

    Both are correct. The 1833 Act centralised administration under a Governor-General of India and made the Company a purely administrative body.

  7. Who was the first Indian to become a member of the Viceroy's Executive Council?

    1. Rajendra Prasad
    2. Satyendra Prasad Sinha
    3. Surendranath Banerjee
    4. Dadabhai Naoroji
    Show answer

    Answer: B — Satyendra Prasad Sinha

    Under the 1909 reforms, Satyendra Prasad Sinha became the first Indian member of the Viceroy's Executive Council (as Law Member).

  8. The Reserve Bank of India was established under the provisions of which Act?

    1. Government of India Act, 1919
    2. Government of India Act, 1935
    3. RBI Act, 1934
    4. Indian Independence Act, 1947
    Show answer

    Answer: C — RBI Act, 1934

    RBI was established on 1 April 1935 under the RBI Act, 1934. The GoI Act 1935 is associated with it in exams, but the establishing law is the RBI Act 1934 — a classic trap question.

  9. Which Act first introduced open competition for the civil services?

    1. Charter Act, 1833
    2. Charter Act, 1853
    3. Indian Councils Act, 1861
    4. Government of India Act, 1919
    Show answer

    Answer: B — Charter Act, 1853

    The Charter Act 1853 introduced open competition for civil services; the Macaulay Committee (1854) worked out the details.

  10. The office of Secretary of State for India was created by:

    1. Charter Act, 1853
    2. Government of India Act, 1858
    3. Indian Councils Act, 1861
    4. Government of India Act, 1919
    Show answer

    Answer: B — Government of India Act, 1858

    The GoI Act 1858 transferred power to the Crown and created the Secretary of State for India, assisted by a 15-member Council of India.

  11. Which commission, boycotted with "Simon Go Back" protests, was appointed to review the working of the Government of India Act, 1919?

    1. Hunter Commission
    2. Simon Commission
    3. Cripps Mission
    4. Radcliffe Commission
    Show answer

    Answer: B — Simon Commission

    The Simon Commission (1927-28) had no Indian members and was met with widespread "Simon Go Back" protests across India.

  12. The Nehru Report (1928), India's first home-grown draft constitution, was authored under the leadership of:

    1. Jawaharlal Nehru
    2. Motilal Nehru
    3. B.R. Ambedkar
    4. Tej Bahadur Sapru
    Show answer

    Answer: B — Motilal Nehru

    The Nehru Report (1928) was authored by a committee headed by Motilal Nehru, in response to a British challenge for Indians to draft their own constitution.

  13. The Poona Pact (1932) between Gandhiji and Ambedkar replaced separate electorates for the Depressed Classes with:

    1. No representation at all
    2. Reserved seats within joint electorates
    3. A separate legislature
    4. Nominated seats only
    Show answer

    Answer: B — Reserved seats within joint electorates

    The Poona Pact replaced the Communal Award's separate electorates for Depressed Classes with reserved seats within joint (general) electorates.

  14. Which 1942 mission's proposals did Gandhiji describe as "a post-dated cheque on a crashing bank"?

    1. Simon Commission
    2. Cripps Mission
    3. Cabinet Mission
    4. Wavell Plan
    Show answer

    Answer: B — Cripps Mission

    Gandhiji used this phrase for the Cripps Mission (1942), which offered Dominion Status only after the war, with an option for provinces to opt out.

  15. Consider the following statements about the Cabinet Mission (1946):
    1. It rejected the demand for a separate Pakistan.
    2. It laid down the plan under which the Constituent Assembly was elected and constituted.
    Which is/are correct?

    1. Only 1
    2. Only 2
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer

    Answer: C — Both 1 and 2

    Both are correct: the Cabinet Mission rejected a separate Pakistan and proposed the Constituent Assembly plan, under which the Assembly first met on 9 December 1946.

  16. Which feature of the Government of India Act, 1935 never actually came into force?

    1. Provincial autonomy
    2. The Federal Court
    3. The proposed All-India Federation
    4. Extension of separate electorates
    Show answer

    Answer: C — The proposed All-India Federation

    The All-India Federation (and the central diarchy meant to accompany it) never came into force because too few princely states acceded to it.