Constitutional Developments 1858 to 1947: Acts and PYQs
Complete notes on British constitutional development in India from the Act of 1858 to the Indian Independence Act of 1947, with every major provision and exam facts.
By GK24 Editorial Team· Published · 5 min read

Between 1858 and 1947 the British Parliament passed a chain of statutes that slowly built the framework our Constitution later replaced. The Revolt of 1857 ended Company rule; the Act of 1858 began Crown rule; and each later Act added a little representation, a little devolution and a great deal of communal division. The Constituent Assembly borrowed heavily from the last of them, the Government of India Act of 1935, so this chapter is the bridge between the freedom struggle and Indian polity. Examiners like it because every Act has a nickname, a pair of names and one headline provision.
The Act of 1858: Crown rule begins
The Government of India Act of 1858, also called the Act for the Better Government of India, abolished the East India Company and transferred its powers to the Crown. The Board of Control and the Court of Directors were abolished, and the dual government set up by Pitt's India Act of 1784 ended. A new office of Secretary of State for India was created, a member of the British Cabinet assisted by a fifteen-member Council of India and paid out of Indian revenues. The Governor-General of India was given the additional title of Viceroy, the Crown's personal representative; Lord Canning became the first Viceroy. The Act began the centralisation that the next twenty years deepened.
The Indian Councils Acts of 1861, 1892 and 1909
- 1861: began the association of Indians with law making by nominating non-official members to the Viceroy's legislative council; three Indians were nominated to Lord Canning's council. It restored legislative powers to the Bombay and Madras presidencies, provided for new legislative councils in Bengal, the North-Western Provinces and Punjab, gave the Viceroy power to issue ordinances, and recognised the portfolio system introduced by Lord Canning.
- 1892: increased the number of non-official members, allowed the councils to discuss the budget and to address questions to the executive, and introduced a limited and indirect system of nomination on the recommendation of local bodies, universities and chambers of commerce.
- 1909, the Morley-Minto Reforms: enlarged the legislative councils and introduced separate electorates for Muslims, for which Lord Minto is remembered as the father of communal electorates. For the first time an Indian was appointed to the Viceroy's Executive Council: Satyendra Prasad Sinha, as law member. Members were permitted to move resolutions and ask supplementary questions, but the central council kept its official majority.
The Government of India Act of 1919
Also called the Montagu-Chelmsford Reforms, after Edwin Montagu, the Secretary of State for India, and Lord Chelmsford, the Viceroy, the Act was passed in 1919 and came into force in 1921. Its central device was dyarchy in the provinces: provincial subjects were split into reserved subjects, administered by the Governor with his executive council, and transferred subjects, administered by ministers responsible to the legislative council. Land revenue, police, justice, irrigation and famine relief stayed reserved; education, local self-government, public health, agriculture and industries were transferred. The Act separated central and provincial subjects for the first time, introduced bicameralism and direct elections at the centre, extended separate electorates to Sikhs, Indian Christians, Anglo-Indians and Europeans, and provided for a Public Service Commission, set up in 1926, and a High Commissioner for India in London. Only about ten per cent of the adult population got the vote, and the Act required a statutory commission after ten years, which came as the Simon Commission of 1927.
The Government of India Act of 1935
The longest Act passed by the British Parliament until then, it grew out of the Simon Commission report, the three Round Table Conferences, the Communal Award and the Poona Pact, and the White Paper of 1933 examined by a Joint Parliamentary Committee chaired by Lord Linlithgow. Its main features were:
| Provision | What it did |
|---|---|
| All-India Federation | Proposed a federation of provinces and princely states; never came into being because the states did not accede |
| Division of powers | Three lists: Federal, Provincial and Concurrent; residuary powers with the Viceroy |
| Provincial autonomy | Abolished dyarchy in the provinces and made them autonomous units with responsible ministries; elections held in 1937 |
| Dyarchy at the centre | Introduced at the centre instead, but never implemented |
| Bicameralism | In six of the eleven provinces: Bengal, Bombay, Madras, Bihar, Assam and the United Provinces |
| Separate electorates | Extended to depressed classes, women and labour |
| New institutions | Federal Court, set up in 1937, the Reserve Bank of India and a Federal Public Service Commission; abolished the Council of India |
The Indian Independence Act of 1947
Based on the Mountbatten Plan of 3 June 1947, the Act received royal assent on 18 July 1947. It ended British rule on 15 August 1947 and created two independent dominions, India and Pakistan, with the right to secede from the Commonwealth. It abolished the office of the Secretary of State for India, ended British paramountcy over the princely states and left them free to join either dominion or remain independent, made the Governor-General a constitutional head acting on the advice of ministers, and allowed the Constituent Assembly to act as the dominion legislature until a constitution was framed. Until 26 January 1950 India was governed by the Act of 1935 as adapted.
How to revise
Make one line per Act with its nickname, the pair of names behind it and its single most famous provision: 1858 Crown rule and the first Viceroy, 1861 portfolio system, 1892 budget discussion, 1909 separate electorates, 1919 dyarchy in provinces, 1935 provincial autonomy, 1947 two dominions. Nine out of ten questions from this chapter are answered by that one line.
Exam Point of View
Expect act-to-provision matching and nickname questions: which Act is called the Morley-Minto Reforms, which Act introduced provincial autonomy, which Act created the office of Viceroy. Reserved and transferred subjects under dyarchy are a favourite of UPSC and State PSCs, so learn that land revenue, police and justice were reserved while education and local self-government were transferred. Dates are traps: the 1919 Act came into force in 1921, and the 1935 Act led to provincial elections in 1937. Pairs are traps too: Morley with Minto in 1909, Montagu with Chelmsford in 1919. Also remember who first appears where: the first Indian in the Viceroy's Executive Council, the first Viceroy, and the chairman of the Joint Parliamentary Committee on the 1935 Bill.
Important Facts
| Act of 1858 | Abolished the East India Company; Lord Canning became the first Viceroy |
|---|---|
| Council of India | 15 members, assisted the Secretary of State for India; abolished by the Act of 1935 |
| Portfolio system | Introduced by Lord Canning, recognised by the Act of 1861 |
| Budget discussion | Allowed by the Indian Councils Act of 1892 |
| Separate electorates | Introduced for Muslims by the Act of 1909; Lord Minto called the father of communal electorates |
| First Indian in the Viceroy's Executive Council | Satyendra Prasad Sinha, 1909, as law member |
| Act of 1919 | Montagu-Chelmsford Reforms; dyarchy in provinces; in force from 1921 |
| Reserved subjects | Land revenue, police, administration of justice, irrigation, famine relief |
| Transferred subjects | Education, local self-government, public health, agriculture, industries |
| Public Service Commission | Provided by the Act of 1919, set up in 1926 |
| Act of 1935 | Provincial autonomy; Federal, Provincial and Concurrent Lists; residuary powers with the Viceroy |
| Federal Court | Established in 1937 under the Act of 1935 |
| Joint Parliamentary Committee on the 1935 Bill | Chaired by Lord Linlithgow |
| Indian Independence Act, 1947 | Royal assent on 18 July 1947; two dominions from 15 August 1947 |
Practice MCQs on this topic
Which act was passed by the British Government of India to introduce provincial autonomy?
- A.Indian Council Act of 1892
- B.Government of India Act of 1935
- C.Charter Act of 1853
- D.Indian Independence Act of 1947
Show answer
Correct answer: B. Government of India Act of 1935
Explanation
The correct answer is B, Government of India Act of 1935. This Act abolished dyarchy in the provinces and made them autonomous units, with ministries responsible to elected provincial legislatures; the first elections under it were held in 1937 and Congress ministries took office in most provinces. Option A is wrong because the Indian Councils Act of 1892 only enlarged the councils, allowed budget discussion and permitted questions to the executive. Option C is wrong because the Charter Act of 1853 belongs to Company rule and is remembered for separating legislative and executive functions and for introducing open competition for the civil service. Option D is wrong because the Indian Independence Act of 1947 did not reform provinces; it ended British rule and created the dominions of India and Pakistan. Remember the pair: 1919 brought dyarchy to the provinces, and 1935 replaced it with provincial autonomy.
In the Government of India Act 1919, the functions of Provincial Government were divided into Reserved and Transferred subjects. Which of the following were treated as Reserved subjects? 1. Administration of Justice 2. Local Self-Government 3. Land Revenue 4. Police. Select the correct answer using the code given below:
- A.1, 2 and 3
- B.2, 3 and 4
- C.1, 3 and 4
- D.1, 2 and 4
Show answer
Correct answer: C. 1, 3 and 4
Explanation
The correct answer is C, 1, 3 and 4. Under dyarchy the Governor kept the reserved subjects, which were those touching revenue and coercive power: administration of justice, land revenue, police, irrigation, famine relief, forests and labour relations. Local self-government, along with education, public health, agriculture, industries and excise, belonged to the transferred list, run by Indian ministers answerable to the legislative council. Option A is wrong because it includes local self-government, a transferred subject. Option B is wrong for the same reason, as it too carries local self-government. Option D is wrong because it drops land revenue, the most jealously guarded of the reserved subjects, and adds local self-government. The simple rule for the examination hall is that whatever earned money or kept order was reserved, and whatever spent money on people was transferred.
Identify the INCORRECT statement about the Government of India Act 1919:
- A.The Government of India Act 1919 came into force in 1921.
- B.This Act is also known as Morley Minto Reforms Act.
- C.Montagu was the Secretary of State for India and Lord Chelmsford was the Viceroy of India.
- D.This Act separated the Central and Provincial subjects.
Show answer
Correct answer: B. This Act is also known as Morley Minto Reforms Act.
Explanation
The correct answer is B, which is the incorrect statement. The Act of 1919 is known as the Montagu-Chelmsford Reforms; the Morley-Minto Reforms were the Indian Councils Act of 1909, a decade earlier, remembered for separate electorates. Option A is a correct statement, because the Act was passed in 1919 but its provisions were brought into force in 1921, which is why the first dyarchy ministries date from that year. Option C is correct, since Edwin Montagu was the Secretary of State for India and Lord Chelmsford the Viceroy, and the reforms carry both their names. Option D is correct as well, because for the first time the Act separated central and provincial subjects and gave the provinces their own revenue sources. In a negative question like this, identify the odd nickname first; it is almost always the mismatched pair of names.
The Government of India Act, 1919 was passed by the British Parliament on the recommendation of ________.
- A.Lord Elgin
- B.Edwin Montague
- C.Charles I
- D.Lord Linlithgow
Show answer
Correct answer: B. Edwin Montague
Explanation
The correct answer is B, Edwin Montague. Edwin Montagu, the Secretary of State for India, issued the declaration of August 1917 promising the gradual development of self-governing institutions, and together with the Viceroy Lord Chelmsford produced the report of 1918 on which the Act of 1919 was based. Option A is wrong because Lord Elgin served as Viceroy in the nineteenth century and had nothing to do with these reforms. Option C is wrong because Charles I was a seventeenth century English king, associated with the early charters of the East India Company, not with twentieth century Indian reform. Option D is wrong because Lord Linlithgow came later: he chaired the Joint Parliamentary Committee on the Bill that became the Act of 1935 and was Viceroy during the Second World War. Keep the chain in mind: Montagu's declaration of 1917, the report of 1918, the Act of 1919 and its enforcement in 1921.
The Chairman of the Joint Parliamentary Committee of the 1935 bill that led to the framing of the Government of India Act of 1935 was
- A.Linlithgow
- B.James Mcdonald
- C.Winston Churchill
- D.Clement Attlee
Show answer
Correct answer: A. Linlithgow
Explanation
The correct answer is A, Linlithgow. The White Paper of 1933 on Indian constitutional reform was examined by a Joint Select Committee of the British Parliament chaired by Lord Linlithgow, and the Bill drafted on its report became the Government of India Act of 1935; Linlithgow later served as Viceroy of India from 1936 to 1943. Option B is wrong because Ramsay MacDonald was the British Prime Minister who convened the Round Table Conferences and announced the Communal Award of 1932. Option C is wrong because Winston Churchill was the loudest opponent of the reforms in Parliament, not the chairman of the committee. Option D is wrong because Clement Attlee belongs to the end of the story: as Prime Minister he made the announcement of February 1947 on the transfer of power and sent the Cabinet Mission in 1946. Sort these four by the decade in which each acted.
In which of the following years was the Indian Independence Act passed by the British Parliament?
- A.1945
- B.1942
- C.1947
- D.1946
Show answer
Correct answer: C. 1947
Explanation
The correct answer is C, 1947. The Indian Independence Act was introduced in the British Parliament in July 1947 on the basis of the Mountbatten Plan of 3 June 1947, received royal assent on 18 July 1947 and came into effect on 15 August 1947, creating the dominions of India and Pakistan. Option A is wrong because 1945 is the year of the Wavell Plan and the Simla Conference, which failed over the Muslim League's claim to nominate all Muslim members. Option B is wrong because 1942 saw the Cripps Mission and the Quit India Movement, not a transfer of power. Option D is wrong because 1946 is the year of the Cabinet Mission, the elections to the Constituent Assembly and the formation of the interim government. Keep the final sequence in order: Wavell Plan 1945, Cabinet Mission 1946, Mountbatten Plan and the Act in 1947.
Who was the first Viceroy of India after the Government of India Act of 1858?
- A.Lord Dalhousie
- B.Lord Canning
- C.Lord Lytton
- D.Lord Ripon
Show answer
Correct answer: B. Lord Canning
Explanation
The correct answer is B, Lord Canning. The Act of 1858 gave the Governor-General the additional title of Viceroy, making him the direct representative of the Crown in India, and Lord Canning, who was Governor-General during the Revolt of 1857, became the first to hold the title. Option A is wrong because Lord Dalhousie left India in 1856, before the Revolt, and is remembered for the doctrine of lapse and for the first railway line. Option C is wrong because Lord Lytton came much later and is associated with the Vernacular Press Act of 1878 and the Delhi Durbar of 1877. Option D is wrong because Lord Ripon, often called the father of local self-government in India, served in the 1880s and repealed the Vernacular Press Act. The chain to remember is Canning in 1858, then the gradual expansion of the councils under his successors.
Separate electorates for Muslims were introduced in India by which Act?
- A.Indian Councils Act, 1892
- B.Indian Councils Act, 1909
- C.Government of India Act, 1919
- D.Government of India Act, 1935
Show answer
Correct answer: B. Indian Councils Act, 1909
Explanation
The correct answer is B, Indian Councils Act, 1909. The Morley-Minto Reforms created separate electorates in which Muslim members were elected only by Muslim voters, and for that reason Lord Minto is remembered as the father of communal electorates in India. Option A is wrong because the Act of 1892 had only an indirect and limited system of nomination through local bodies, universities and chambers of commerce, with no communal electorate. Option C is wrong because the Act of 1919 did not introduce the device but extended it to Sikhs, Indian Christians, Anglo-Indians and Europeans. Option D is wrong because the Act of 1935 extended it still further to the depressed classes, women and labour, following the Communal Award of 1932 and the Poona Pact. So 1909 introduced, 1919 extended and 1935 extended again: that progression is itself a favourite question.
Under the Government of India Act of 1935, residuary powers were vested in
- A.the Federal Legislature
- B.the Provincial Legislatures
- C.the Governor-General
- D.the Federal Court
Show answer
Correct answer: C. the Governor-General
Explanation
The correct answer is C, the Governor-General. The Act of 1935 divided powers into a Federal List, a Provincial List and a Concurrent List, and left residuary subjects, those appearing in none of the three lists, to the discretion of the Governor-General, that is the Viceroy. Option A is wrong because the Federal Legislature could legislate only on the Federal List and, with the Provincial legislatures, on the Concurrent List. Option B is wrong because the provinces were confined to the Provincial and Concurrent Lists. Option D is wrong because the Federal Court, established in 1937, interpreted the Act and resolved disputes between the federation and its units; it did not hold legislative power. Compare this with our Constitution, where residuary powers belong to Parliament under Article 248, and the contrast becomes an easy mark in the exam.
The portfolio system of administration in India was introduced by which Viceroy and recognised by which Act?
- A.Lord Canning, Indian Councils Act of 1861
- B.Lord Minto, Indian Councils Act of 1909
- C.Lord Chelmsford, Government of India Act of 1919
- D.Lord Ripon, Indian Councils Act of 1892
Show answer
Correct answer: A. Lord Canning, Indian Councils Act of 1861
Explanation
The correct answer is A, Lord Canning and the Indian Councils Act of 1861. Canning introduced the portfolio system, under which each member of the Viceroy's council was placed in charge of one or more departments of government and could issue final orders on departmental matters; the Act of 1861 gave this arrangement statutory recognition and is also remembered for beginning the association of Indians with law making and for giving the Viceroy the power to issue ordinances. Option B is wrong because the Act of 1909 is the Act of separate electorates and of the first Indian in the Viceroy's Executive Council. Option C is wrong because the Act of 1919 is the Act of dyarchy, a much later development. Option D is wrong because Lord Ripon is linked with local self-government in 1882 and the Act of 1892 with budget discussion, not with portfolios.
Frequently Asked Questions
Which Act is known as the Morley-Minto Reforms?
The Indian Councils Act of 1909. It is named after Lord Morley, the Secretary of State for India, and Lord Minto, the Viceroy, and it is remembered for introducing separate electorates for Muslims and for the first appointment of an Indian to the Viceroy's Executive Council.
What was dyarchy under the Government of India Act of 1919?
Dyarchy was a double government in the provinces. Provincial subjects were divided into reserved subjects, run by the Governor with his executive council and not answerable to the legislature, and transferred subjects, run by ministers responsible to the elected legislative council.
Which Act gave provincial autonomy to India?
The Government of India Act of 1935. It abolished dyarchy in the provinces, made them autonomous units with ministries responsible to elected legislatures, and introduced dyarchy at the centre instead, though that part was never implemented.
Why is the Act of 1935 important for the Indian Constitution?
A large part of our Constitution is drawn from it: the federal scheme with three lists, the office of Governor, the structure of the judiciary, the emergency provisions, the public service commissions and much of the administrative detail were adapted from the Act of 1935.
Which law transferred power to India and Pakistan?
The Indian Independence Act of 1947, based on the Mountbatten Plan of 3 June 1947. It created two independent dominions from 15 August 1947, ended British paramountcy over the princely states and abolished the office of the Secretary of State for India.
Sources
- Themes in Indian History Part III (Class XII), Chapter on Colonialism and the Countryside and the colonial state — NCERT
- The Government of India Act, 1935 and the Indian Independence Act, 1947 — Ministry of Law and Justice, Government of India
- Constituent Assembly Debates, introductory volumes on the constitutional background — Lok Sabha Secretariat





