The establishment of the East India Company in 1600, and its subsequent transformation from a trading to a ruling body in 1765, had little immediate impact on Indian polity and governance. However, between 1773 and 1858, under Company rule, and then under British Crown rule until 1947, there were numerous constitutional and administrative changes. These changes were made to serve British imperial ideology, but they unintentionally introduced elements of the modern state into India's political and administrative system. In this article, we will discuss the Administrative and Judicial Developments which will be helpful for UPSC exam preparation.

Development of Education

Under East India Company

• Warren Hastings, Governor-General of Bengal, founded Calcutta Madarasa for Islamic law studies in 1781. It was the first educational institute established by East India Company (EIC) governance.
• William Jones founded the Asiatic Society of Bengal in 1784 to learn about and study Indian history and culture. During this time, Charles Wilkins translated the Bhagwat Gita into English.
• Jonathan Duncan, a Benares resident, founded the Sanskrit college in 1791 to study Hindu laws and philosophies.
• Governor-General Richard Wellesley established the Fort William College in Calcutta in 1800 to train EIC civil servants in Indian languages and customs. However, this college was closed in 1802 due to the British administration in England's disapproval of Indianizing English civil servants.

Charter Act, 1813

• The British took the country's first notable step toward modern education. This act set aside an annual sum of Rs.1 lakh to be used in the education of Indian subjects.
• Throughout this time, Christian missionaries were active in mass education, but their focus was more on religious teachings and conversions.

Lord Macaulay’s Minute (1835)

• During Governor-General William Bentick's tenure, more funds were allocated to education, and the policies were based on Macauley's minute recommendations.
• Thomas Macauley had no knowledge of or regard for Indian and oriental literature, and he held western science to be superior to all others.
• He famously stated that "a single shelf of a good European library was worth the entire native literature of India and Arabia."

Woods Despatch (1854)

• It is also known as the "Magna Carta of English Education in India," and it was the first comprehensive plan to envision mass education in India.
• It prompted the government to take responsibility for education and proposed aid grants to encourage private enterprises to invest in education.

Education policies in India under the British Crown Rule

Hunter Commission (1882-83)

• It advocated for greater government efforts to improve mass education through vernacular languages.
• Transfer of primary education control to the new district and municipal boards.
• Encourage female education outside of presidential towns as well.
• Secondary education should be divided into two categories: literary (which leads to university via an entrance exam) and vocational (for commercial jobs)

Indian Universities Act, 1904

• The Act placed the government in charge of all Indian universities. The following were the act's key provisions:
  • More emphasis on university study and research rather than revolutionary activities.
  • The number of fellows was reduced and the government was to nominate them.
  • The government now has veto power over university senate decisions.
  • Stricter affiliation regulations.

Government Resolution on Education Policy, 1913

• The government refused to comply with national movement leaders' demand for compulsory primary education in British India; they did not want the responsibility of mass education.
• However, he announced a future policy to eradicate illiteracy.
• Provincial governments were asked to assume responsibility for providing free elementary education to the poorer and more disadvantaged classes.
• Secondary education quality and private efforts to improve.
• Each province will have its own university.

Sadler University Commission (1917-19)

• It was formed to investigate and report on the causes of Calcutta University's poor performance, but it ended up reviewing all universities in the country.
• It stated that improving secondary education is necessary for improving university education.
• School should be finished in 12 years.
• Students will enter university after the intermediate stage (rather than matriculation) for a three-year university degree.
• This would better prepare students for university and bring them up to speed with university expectations.
• It will provide collegiate education to those who do not wish to pursue university degrees.
• Secondary and intermediate education are served by separate boards.
• The university should function as a centralised and autonomous teaching body.
• The emphasis is on female education, applied scientific and technical education, and teacher education.

Education Policies in India under Dyarchy

Hartog Committee (1929)

• Provide primary education, but there is no need for a compulsory education system.
• Only deserving students should be allowed to study in high schools and intermediate schools, while average students should be diverted to vocational courses.
• University admissions have been restricted in order to raise standards.

Sergeant Plan of Education

• Primary education is free for children aged 3-6 years.
• Compulsory education for children aged 6 to 11 years.
• High school for selected students aged 11 to 17.
• Enhance technical, commercial, and artistic education.
• Focus on teacher education, physical education, and mental and physical handicapped education.

Development of Technical Education

• The Engineering College at Roorkee was founded in 1847, and the Calcutta College of Engineering was founded in 1856.
• Overseers' School in Poona was elevated to the status of Poona College of Engineering in 1858 and was affiliated with Bombay University.
• Guindy College of Engineering was affiliated with Madras University. Medical education began in 1835 with the establishment of a medical college in Calcutta.
• Lord Curzon did much to broaden the foundation of professional courses—medicine, agriculture, engineering, veterinary sciences, and so on.
• He founded an agriculture college in Pusa, which served as a model for similar institutions in other provinces.

Development of Press

• The Censorship Act of 1799
  • Lord Wellesley enacted it to prevent French rumours from harming the British.
  • According to this, every newspaper should include the names of the printer, editor, and proprietor.
  • Before printing anything, it should be submitted to the Secretary of Censorship.

• 1823 Licencing regulation
  • It was enacted by John Adams.
  • Every publisher was required by the government to obtain a licence.
  • The penalty for noncompliance was Rs 400, and the government would shut down the press.
  • The government also has the authority to revoke the licence.
• Metcalfe Act or the Press Act of 1835
  • John Adams' 1823 rules were repealed by Charles Metcalfe, also known as the Liberator of the Indian Press.
  • This continued until 1856, resulting in the rise of the newspaper in India.
• The Licensing Act of 1857
  • Due to the emergency created by the 1857 revolt, the government imposed licencing instructions based on the procedure outlined in the Press Act of 1835.
  • The government even reserved the right to prohibit the publication and distribution of the book, newspaper, or printed matter.
• 1867 Registration Act
  • It superseded the Press Act of 1835, also known as Metcalfe's Act.
  • It was of a regulatory nature.
  • Every newspaper/book should include the publisher's name, the location of publication, and the printer's name.
  • Within a month, a copy of the published material had to be submitted to the local government.
• The Vernacular Press Act of 1878
  • The local language press (vernacular press) used to criticise British rule. As a result, in 1878, they clamped down hard on the vernacular press.
  • It was dubbed the "Gagging Act."
  • This act was committed by Lord Lytton.
  • According to this, Magistrates have the authority to request assurances from any newspaper publisher that they will not publish anything that threatens the country's peace and security.
  • In any dispute, the decision of the magistrate was final.
  • The English press was exempt from this law.
  • This Act gave the government the authority to issue search warrants and enter newspaper premises even without a court order.
• The Newspaper Act of 1908
  • Magistrates had the authority to seize the printing press or any property associated with the newspaper if it published objectionable material such as incitement to murder or acts of violence.
  • Newspapers were given 15 days to file an appeal in the Supreme Court.
• The Indian Press Act of 1910
  • This measure was implemented in order to curtail and restrict the emerging Indian Freedom Struggle, particularly as World War I approached.
  • It gave the local government the authority to demand a security deposit of Rs. 500 to Rs. 2000, which could be forfeited and the registration cancelled if any objectionable material was printed.
• The Indian Press (Emergency Powers) Act of 1931
  • The impact of the Gandhian movement prompted the government to issue an ordinance in 1930.
  • Provincial governments were given the authority to repress the press.
  • The act's provisions were expanded in 1932 with the passage of the Criminal Amendment Act.
  • During World War II, pre-censorship was strengthened and amended by the Press Emergent Act of 1931 and the Official Secrets Act.
  • This act made Congress and its activities illegal.

Development of Civil Services

• Role of Cornwallis
  • Cornwallis (governor-general from 1786 to 1793) was the first to create and organise the civil services. He attempted to put a stop to corruption by—
  • By imposing seniority-based promotions.
  • By strictly enforcing rules against private trade, as well as prohibiting civil servants from accepting gifts, bribes, and other forms of bribery.
  • Increasing the pay of civil servants.
• Role of Wellesley
  • In 1800, Wellesley (governor-general from 1798 to 1805) founded Fort William College to train new recruits.
  • In 1806 the Court of Directors rejected Wellesley's college in favour of establishing the East India College in Haileybury, England, to train recruits for two years.
• The Charter Act of 1853
  • The Company's patronage was terminated by the 1853 Charter Act, which mandated that future recruitment be done through an open competition.
  • Indians, on the other hand, were barred from high positions from the start.
  • The Charter Act of 1793 reserved all posts worth 500 pounds per year for the Company's covenanted servants.
• Indian Civil Service Act of 1861
  • During Lord Canning's Viceroyalty, the Indian Civil Services Act was passed.
  • This Act reserved certain positions for covenanted civil servants, but the examination was held in England in English, based on classical Greek and Latin learning.
  • The maximum permissible age gradually decreased from 23 (in 1859) to 22 (in 1860), 21 (in 1866), and 19 (in 1878).
• Statutory Civil Service
  • Lytton established the Statutory Civil Service in 1878-79, with one-sixth of covenanted posts filled by Indians of high families through nominations by local governments subject to approval by the secretary of state and the viceroy.
  • However, the system failed and was repealed.
• Aitchison Commission, 1886
  • A Commission led by Sir Charles Aitchison was appointed in 1886 to devise a plan for admitting Indians to all branches of government service.
  • It was expected to look into the issue of Indian employment not only in appointments normally reserved by law for members of the covenanted civil service, but also in uncovenanted service covering lower-level administrative positions.
  • It advocated for the abolition of the Statutory Civil Service and the division of civil services into three categories: Imperial, Provincial, and Subordinate.
• Montford Reform, 1919
  • The Government of India Act on Constitutional Reforms of 1919 proposed a three-tiered classification of services: All India, provincial, and subordinate.
  • All Imperial services operating in the provinces at the time, whether in reserved or transferred departments, were referred to as the 'All India Services.'
  • Members of the All India Services were given special protections in terms of dismissal, salaries, pensions, and other rights.
  • As a safeguard against political influence, the Act proposed the establishment of a Public Service Commission tasked with recruiting for the service.
• Lee Commission, 1924
  • The Lee Commission was established by the British government in 1923 to investigate the ethnic composition of the government of India's superior Indian public services.
  • Lord Lee of Fareham presided over the committee, which had an equal number of Indian and British members.
  • In 1924, the Lee Commission proposed that 40% of future entrants be British, 40% be directly recruited Indians, and 20% be promoted from the provincial service.
• The Government of India Act, 1935
  • Within their respective spheres, the 1935 Act proposed the establishment of a Federal Public Service Commission and a Provincial Public Service Commission.
  • However, positions of control and authority remained in British hands, and the process of Indianisation of civil service did not provide Indians with effective political power because Indian bureaucrats acted as agents of colonial rule.

Development of Police System

• Cornwallis Code
  • The Cornwallis Code, enacted by Lord Cornwallis, governor-general of India, gave legal form to the complex of measures that comprised the administrative framework known as the Cornwallis, or Bengal, system in British India.
  • With the publication of a series of regulations on May 1, 1793, the system spread throughout northern India, beginning in Bengal.
  • British India's government was almost entirely based on these until the Charter Act of 1833.
• The 1860 Police Commission
  • The Indian Police Act of 1861 was enacted in response to the recommendations of the Police Commission (1860).
  • The commission advocated for a civil constabulary system, with an inspector-general in charge of a province, a deputy inspector-general in charge of a range, and a superintendent in charge of a district.
  • The police gradually reduced criminal acts such as dacoity and thugee.
  • The British did not create a national police force in India. The framework for a provincial police force was established by the Police Act of 1861.

Development of Judiciary

Reforms under Warren Hastings

• District Diwani Adalats were established in districts to resolve civil disputes involving Hindu and Muslim law.
• The appeal from the District Diwani Adalats was heard by the Sadar Diwani Adalat.
• The Sadar Nizamat Adalat in Murshidabad was in charge of capital punishment and property acquisition, and was led by a deputy Nizam (an Indian Muslim) and assisted by the chief qazi and top mufti.
• Under the Regulating Act of 1773, a Supreme Court was established in Calcutta with the authority to judge all British subjects inside Calcutta and the subordinate factories, including Indians and Europeans. It was an original and appellate jurisdictional court.

Reforms under Cornwallis

• The District Fauzadari Court was abolished by Cornwallis, and Circuit Courts were established in Calcutta, Decca, Murshidabad, and Patna.
• It serves as an appeals court for both civil and criminal cases and is presided over by European judges.
• He relocated Sadar Nizamat Adalat to Calcutta and placed it under the supervision of the Governor-General and members of the Supreme Council, who were assisted by Chief Qazi and Chief Mufti.
• The District Diwani Adalat was renamed District, City, or Zila Court and was presided over by a district judge.

Reforms under William Bentinck

• Under William Bentinck, the four Circuit Courts were abolished, and the functions of the defunct courts were transferred to collectors under the supervision of the commissioner of revenue and circuit.
• Allahabad saw the establishment of the Sadar Diwani Adalat and the Sadar Nizamat Adalat.
• He designated Persian and a vernacular language for lower court proceedings and English as the official language for Supreme Court proceedings.
• During his reign, Macaulay established the Law Commission, which codified Indian laws.
• On the basis of this commission, a civil Procedure Code of 1859, an Indian Penal Code of 1860, and a Criminal Procedure Code of 1861 were drafted.

Conclusion

Though there was a slow process of Indianisation after 1918 due to nationalist pressure, important and senior positions were still held by Europeans. In many ways, changes in India's governmental structure and policies shaped the destiny of modern India.