BRITISH LEGACY

The Indian administrative structure is largely a legacy of the British rule. The various structural and functional aspects of Indian administration like secretariat system, all-India services, recruitment, training, office procedures, local administration, district administration, budgeting, auditing, centralising tendency, police administration, revenue administration, and so on, have their roots in British rule.

The British rule in India can be divided into two phases:

• The Company rule till 1858

• The Crown rule from 1858 to 1947

The British legacy in Indian administration can be studied under three heads:

1. Constitutional Development

2. Evolution of Civil Service

3. Growth of Other Institutions

Constitutional Development

The landmarks in the development of the Constitution during the British rule (which laid the legal framework for the organisation and functioning of administration in British India) are explained below in chronological order:

Regulating Act of 1773 – This was the first step taken by the British Government to control and regulate the affairs of the East India Company in India. It laid the foundations of Central Administration in the following ways:
(i) It designated the Governor of Bengal as the Governor-General of Bengal (first was Lord Warren Hastings).
(ii) It subordinated the Governors of Bombay and Madras to the Governor-General of Bengal.
(iii) It established a Supreme Court at Calcutta as the highest court.

Pitt’s India Act of 1784 – It placed the Indian affairs under direct control of the British Government. For this, it established a Board of Control (representing the British Cabinet) over the Court of Directors (governing body of East India Company).

Charter Act of 1833 – It made the Governor-General of Bengal as the Governor-General of India, vesting all civil and military powers in him. The Governments of Bombay and Madras were deprived of their legislative powers. This was the final step towards centralisation in British India. It created, for the first time, the Government of India with authority over the entire British territories in India. The Act also ended the commercial activities of the East India Company.

Charter Act of 1853 – This Act, for the first time, separated legislative and executive functions of the Governor-General’s Council. It also introduced open competition as the basis of recruitment for civil servants of the Company, thereby ending the patronage power of the Directors.

Government of India Act of 1858 – This Act transferred the government, territories, and revenues of India from the East India Company to the British Crown. Thus, the rule of Company was replaced by the rule of Crown. The powers of the Crown were exercised by the Secretary of State for India, who replaced the Board of Control and Court of Directors. The Secretary of State (a British Cabinet member) was assisted by a Council of India (15 members). He had complete authority over Indian administration through the Governor-General as his agent, and was responsible to the British Parliament.

Indian Councils Act of 1861 – Its provisions were:
(i) It introduced representative institutions in India by including some Indians as non-official members in the Governor-General’s Executive Council for legislative business.
(ii) It initiated decentralisation by restoring legislative powers to the Bombay and Madras Presidencies.
(iii) It gave statutory recognition to the portfolio system.
(iv) It empowered the Governor-General to frame rules for convenient transaction of business in the Council.

Indian Councils Act of 1892 – It introduced the principle of indirect election. The Governor-General still had the power of nomination even though members were indirectly elected. It also enlarged the functions of Legislative Councils, giving them the power to discuss the budget and address questions to the Executive.

Indian Councils Act of 1909 – Also known as Morley-Minto Reforms (after Lord Morley, Secretary of State, and Lord Minto, Governor-General). It:

• Changed the name of Central Legislative Council to Imperial Legislative Council, retaining official majority.

• Allowed provincial Legislative Councils to have non-official majority.

• Increased the size and deliberative functions of Legislative Councils.

• Introduced communal representation for Muslims through separate electorates, thereby legalising communalism. Lord Minto came to be known as the “Father of Communal Electorate.”

Government of India Act of 1919 – Also known as Montagu-Chelmsford Reforms (after Montagu, Secretary of State, and Lord Chelmsford, Governor-General). Its provisions:

• Relaxed Central control over provinces by separating Central subjects from Provincial subjects.

• Gave both Central and Provincial legislatures authority to make laws on their respective subjects.

• Divided provincial subjects into Transferred and Reserved categories:

  • Transferred subjects – administered by Governor with the aid of Ministers responsible to the Legislative Council.

  • Reserved subjects – administered by Governor and his Executive Council, not responsible to the Legislative Council.

  • This dual scheme was known as Dyarchy (Greek: di-arche = double rule). It was largely unsuccessful.

• Introduced bicameralism and direct elections. The Imperial Legislative Council was replaced by a bicameral legislature:

  • Council of State (Upper House)

  • Legislative Assembly (Lower House)
    with majority members chosen by direct elections.

• Required that 3 of the 6 members of the Governor-General’s Council (excluding the Commander-in-Chief) should be Indians.

Government of India Act of 1935

The provisions of this Act were:

Federation – The Act proposed the establishment of an All-India Federation consisting of provinces and princely states as units. It divided powers between the Centre and units into three lists:

• Federal List – 59 items (for Centre)

• Provincial List – 54 items (for provinces)

• Concurrent List – 36 items (for both)
  Residuary powers were given to the Governor-General. However, the federation never came into being as the princely states did not join.

Provincial Autonomy – The Act abolished Dyarchy in provinces and introduced provincial autonomy, freeing provinces from Central control. Provinces were allowed to act as autonomous units in their defined spheres. It also introduced responsible government in provinces, with Governors acting on the advice of ministers responsible to the provincial legislatures. This came into effect in 1937 and was discontinued in 1939.

Dyarchy at the Centre – The Act provided for Dyarchy at the Centre, dividing federal subjects into Reserved and Transferred Subjects. This provision did not come into operation.

Bicameralism in Provinces – The Act introduced bicameral legislatures in six out of eleven provinces: Bombay, Bengal, Madras, Bihar, Assam, and the United Provinces. The legislatures consisted of a Legislative Council (Upper House) and a Legislative Assembly (Lower House), but with many restrictions.

Indian Independence Act of 1947 – Until 1947, the Government of India functioned under the 1919 Act, as the 1935 Act provisions relating to federation and Dyarchy were not operational. The Executive Council under the 1919 Act continued to advise the Governor-General till 1947. Provisions of the Act included:
(i) Declared India as an independent and sovereign state, ending the British Parliament’s responsibility.
(ii) Established responsible government at the Centre and provinces, with the Governor-General and Provincial Governors as constitutional heads acting on the advice of respective councils of ministers.
(iii) Assigned dual functions (constituent and legislative) to the Constituent Assembly (1946), declaring it a sovereign body.

Evolution of Civil Service

The term civil service and the civil service system were introduced in India by the British East India Company (17th century). Initially, Company servants engaged in commercial affairs were called civil servants to distinguish them from military and naval personnel. In 1675, a regular gradation of posts was created:
(i) Apprentice
(ii) Writer
(iii) Factor
(iv) Junior Merchant
(v) Senior Merchant

With territorial control, civil servants took on administrative tasks. By 1765, the term civil servant appeared in official records.

Lord Warren Hastings and Lord Cornwallis contributed to the rise of civil service. Hastings laid the foundations, while Cornwallis reformed, modernised, and rationalised it, earning the title “Father of Civil Service in India.” He introduced Covenanted Civil Services (higher) distinct from Uncovenanted Civil Services (lower). Covenanted services were reserved for Europeans, excluding Indians, for reasons:
(i) Doubt about Indian integrity and ability
(ii) Belief that British rule consolidation could not be left to natives
(iii) Administration based on British model needed Englishmen
(iv) To preserve lucrative posts for influential British classes

In 1800, Lord Wellesley established a college at Fort William, Calcutta for civil servant training. Opposition from the Court of Directors led to the establishment of the East India College at Haileybury, England in 1806.

The Charter Act of 1833 attempted open competition for civil service recruitment and allowed Indians to hold positions, but the Court of Directors opposed this.