Constitutional Development of India

1. ‘Ministry of Law and Justice’ being the oldest limb of the Government

‘Ministry of Law and Justice’ being the oldest limb of the Government of India, was the outcome of which Charter Act enacted by the British Parliament ?

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The Charter Act, 1793
The Charter Act, 1813
The Charter Act, 1833
The Charter Act, 1853
This question was previously asked in
UPSC SO-Steno – 2018
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The Charter Act of 1833 was instrumental in laying the foundation for a structured legislative framework in British India and can be seen as giving rise to the need for a dedicated legal department or limb of the Government, preceding the modern Ministry of Law and Justice.
– The Charter Act of 1833 centralized the administration of British India.
– It appointed a Law Member (initially without the power to vote) to the Governor-General’s Council, tasked with advising on legislative matters and initiating the codification of Indian laws (leading to the First Law Commission chaired by Lord Macaulay).
– This established a distinct function and structure for dealing with legal and legislative affairs within the government, which evolved over time into the Ministry of Law and Justice, considered one of the oldest government departments.
Earlier acts like the Charter Acts of 1793 and 1813 dealt with aspects of administration and trade, but the 1833 Act significantly altered the governance structure and formally introduced a dedicated legislative expertise within the council, making it a pivotal point for the origin of the legislative and legal wing of the government in India.

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2. ‘Provincial Autonomy’ was the most redeeming feature of which one of t

‘Provincial Autonomy’ was the most redeeming feature of which one of the following Acts?

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The Government of India Act, 1919
The Government of India Act, 1935
The Rowlatt Act, 1919
The Indian Councils Act, 1892
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UPSC CISF-AC-EXE – 2022
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The correct answer is B) The Government of India Act, 1935. This Act is most known for introducing ‘Provincial Autonomy’. Under this system, provinces were granted autonomous status within their defined sphere, with elected provincial governments having authority over provincial subjects, largely free from the direct control of the central government. Diarchy, which was introduced in provinces by the 1919 Act, was abolished at the provincial level under the 1935 Act.
– The Government of India Act, 1935, divided subjects into three lists: Federal, Provincial, and Concurrent.
– Provincial autonomy meant that provincial governments were responsible to the provincial legislatures.
– The Act provided for the formation of ministries by popular representatives in the provinces.
While the Government of India Act, 1919, introduced a form of responsible government (Diarchy) in provinces, true provincial autonomy was granted by the 1935 Act. The Act also proposed the establishment of an All India Federation and Diarchy at the Centre, although these central provisions were not fully implemented.

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3. Which one of the following Acts added a Law member to the Governor Gen

Which one of the following Acts added a Law member to the Governor General’s Council in India ?

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The Regulating Act of 1773
The Pitts India Act of 1784
The Charter Act of 1833
The Charter Act of 1813
This question was previously asked in
UPSC CISF-AC-EXE – 2022
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The correct answer is C) The Charter Act of 1833. This Act was a significant step in the constitutional history of British India. It centralized the administration and, importantly, added a fourth member to the Governor-General’s Council, who was to be a Law Member. Lord Macaulay was the first Law Member appointed under this Act. This member was initially only allowed to participate in legislative matters.
– The Charter Act of 1833 ended the commercial activities of the East India Company and made it a purely administrative body.
– It appointed a Law Commission to codify Indian laws.
– It led to the appointment of Lord Macaulay as the first Law Member.
Prior to 1833, the Governor-General’s Council consisted of three members. The addition of a Law Member was aimed at improving the quality of legislation in India. The Law Member became a full member of the Council with the right to vote on all matters in 1853.

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4. Which one of the following Acts introduced ‘Dyarchy’ in the provinces?

Which one of the following Acts introduced ‘Dyarchy’ in the provinces?

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The Government of India Act, 1919
The Government of India Act, 1935
The Indian Councils Act, 1909
The Indian Independence Act, 1947
This question was previously asked in
UPSC CISF-AC-EXE – 2019
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The Government of India Act, 1919 (also known as the Montagu-Chelmsford Reforms) introduced the system of ‘Dyarchy’ in the provinces.
Dyarchy involved dividing provincial subjects into two lists: ‘reserved’ subjects (administered by the Governor and his Executive Council without responsibility to the legislature) and ‘transferred’ subjects (administered by the Governor on the advice of ministers responsible to the legislative council).
The main aim of Dyarchy was to gradually introduce a responsible government in the provinces. However, it faced several difficulties in implementation and was eventually abolished by the Government of India Act, 1935, which introduced provincial autonomy.

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5. Which one of the following Acts provided for the inclusion of certain

Which one of the following Acts provided for the inclusion of certain additional ‘non-official’ members in the Executive Council of the Governor-General for the first time?

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The Indian Councils Act, 1861
The Government of India Act, 1919
The Government of India Act, 1858
The Morley-Minto Reforms, 1909
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UPSC CISF-AC-EXE – 2019
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The Indian Councils Act, 1861 provided for the inclusion of certain additional ‘non-official’ members in the Governor-General’s Council for legislative purposes for the first time. While the question mentions “Executive Council”, the 1861 Act introduced the concept of associating non-officials (Indians) with the legislative functions of the Governor-General’s Council.
The Act of 1861 initiated a system of involving Indians in the process of law-making through nomination of non-official members to the Legislative Council.
The Governor-General was empowered to nominate not less than six and not more than twelve additional members, of whom not less than half were to be non-official members, for the purpose of legislation. This Act also restored the legislative powers of the Bombay and Madras Presidencies.

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6. With reference to the Government of India Act, 1935, consider the foll

With reference to the Government of India Act, 1935, consider the following statements :

  • It provided for the establishment of an All India Federation based on the union of the British Indian Provinces and Princely States.
  • Defence and Foreign Affairs were kept under the control of the federal legislature.

Which of the statements given above is/are correct ?

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1 only
2 only
Both 1 and 2
Neither 1 nor 2
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UPSC IAS – 2024
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The correct option is A, as only statement 1 is correct.
Statement 1 is correct. The Government of India Act, 1935, indeed proposed the establishment of an All India Federation comprising British Indian Provinces and the Princely States. However, this federal part of the Act was never fully implemented as the required number of Princely States did not accede to the federation. Statement 2 is incorrect. Under the Government of India Act, 1935, subjects like Defence and External Affairs (Foreign Affairs) were classified as “reserved subjects” and were kept under the direct control of the Governor-General, who was responsible to the British Crown, not the federal legislature.
The 1935 Act introduced provincial autonomy and dyarchy at the centre (though dyarchy was abolished at the provincial level). It also established the Federal Court and the Reserve Bank of India. While the federation part did not materialize, the provincial autonomy provisions and other parts of the Act had a significant impact and served as a basis for the Indian Constitution.

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7. With reference to the establishment of a British settlement, which one

With reference to the establishment of a British settlement, which one of the following was/were adopted by the East India Company during the Charter Acts?

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The Charter Act of 1793
The Charter Act of 1833
Both of the above
None of the above.
This question was previously asked in
UPSC IAS – 2023
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The question is awkwardly phrased (“adopted by the East India Company during the Charter Acts”). It likely refers to provisions *within* the Charter Acts that facilitated or governed the “establishment of a British settlement,” interpreted as the presence and residence of British subjects in India. The Charter Act of 1833 is particularly significant because it explicitly removed restrictions on European immigration and settlement in India. Previously, permission was often required. This opened up India for increased settlement by British individuals, not just those associated with the East India Company. The Charter Act of 1793 primarily renewed the Company’s charter and continued its control, without such a significant provision regarding private European settlement.
The Charter Act of 1833’s provision allowing free entry and settlement for Europeans in India had long-term implications for the demographic and social landscape, leading to increased British presence outside of administrative and military roles.
The opening of India to European settlement was a contentious issue for a long time, partly due to fears that it might undermine the Company’s authority or lead to conflicts. The 1833 Act reflected a changing policy direction driven by economic liberalism and the assertion of direct British control.

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8. By which one of the following Acts was the Governor General of Bengal

By which one of the following Acts was the Governor General of Bengal designated as the Governor General of India?

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The Regulating Act
The Pitt's India Act
The Charter Act of 1793
The Charter Act of 1833
This question was previously asked in
UPSC IAS – 2023
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The Charter Act of 1833 is historically significant for centralizing the British administration in India. One of its key provisions was redesignating the Governor-General of Bengal as the Governor-General of India. Lord William Bentinck, who was the Governor-General of Bengal at the time, became the first Governor-General of India under this Act.
This Act marked a shift from the East India Company’s role as a trading body with administrative functions to a purely administrative and political entity governing on behalf of the British Crown. It further consolidated British control over India.
The Regulating Act of 1773 created the post of Governor-General of Bengal. Pitt’s India Act of 1784 distinguished between the Company’s commercial and political activities and established the Board of Control. The Charter Act of 1793 extended the Company’s charter for 20 years.

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9. In the Government of India Act 1919, the functions of Provincial Gover

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 ?

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  • 1. Administration of Justice
  • 2. Local Self-Government
  • 3. Land Revenue
  • 4. Police

Select the correct answer using the code given below :

1, 2 and 3
2, 3 and 4
1, 3 and 4
1, 2 and 4
This question was previously asked in
UPSC IAS – 2022
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Under the Government of India Act 1919, Administration of Justice, Land Revenue, and Police were treated as “Reserved” subjects. Local Self-Government was a “Transferred” subject.
– The Government of India Act 1919 (Montagu-Chelmsford Reforms) introduced ‘Dyarchy’ in the provinces, dividing provincial subjects into two lists: Reserved and Transferred.
– Reserved subjects were administered by the Governor with his Executive Council, and they were not responsible to the provincial legislature. These included important areas like Finance, Land Revenue, Law and Order (Justice, Police, Prisons), Irrigation, etc.
– Transferred subjects were administered by the Governor with the help of ministers who were responsible to the provincial legislature. These included less crucial areas like Local Self-Government, Education, Public Health, Agriculture, etc.
– Based on this classification:
1. Administration of Justice: Reserved
2. Local Self-Government: Transferred
3. Land Revenue: Reserved
4. Police: Reserved
Dyarchy was a constitutional experiment aimed at introducing a limited form of self-government in the provinces. However, it proved to be complex and ultimately unsuccessful due to division of authority and lack of resources for transferred subjects. It was abolished by the Government of India Act 1935.

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10. Consider the following statements: 1. The Montagu-Chelmsford Reforms

Consider the following statements:

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  • 1. The Montagu-Chelmsford Reforms of 1919 recommended granting voting rights to all the women above the age of 21.
  • 2. The Government of India Act of 1935 gave women reserved seats in legislature.

Which of the statements given above is/are correct?

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1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC IAS – 2021
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Only statement 2 is correct.
1. **Montagu-Chelmsford Reforms of 1919:** These reforms extended the franchise but did not grant voting rights to *all* women above 21. Franchise was limited based on property, income, and education. The Act *allowed* provincial legislatures to enfranchise women on these limited criteria, and Madras was the first province to do so in 1921. Universal adult suffrage, let alone for all women above 21, was not a feature of these reforms. Thus, statement 1 is incorrect.
2. **Government of India Act of 1935:** This Act further expanded the electorate and made provisions for women voters. It not only increased the number of women voters but also provided for *reserved seats* for women in some provincial legislatures and the federal legislature. Thus, statement 2 is correct.
The grant of voting rights to women in British India was a gradual process, starting with limited franchise in some municipalities and then provincially under the 1919 Act, extended significantly under the 1935 Act, but still based on qualifications, not universal adult suffrage, which was introduced with the Constitution of independent India. The system of reserved seats for women under the 1935 Act was distinct from general seats and was intended to ensure their representation.

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