The Government of India Act 1858

Fleming, Neil ORCID: https://orcid.org/0000-0003-3311-404X (2025) The Government of India Act 1858. In: Leading Works in the History of the Constitution. Analysing Leading Works in Law (Ch. 19). Routledge, London. ISBN ISBN: 978-1-032-65861-2 (hbk) ISBN: 978-1-032-65871-1 (pbk) ISBN: 978-1-032-65869-8 (ebk)

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Abstract

The Government of India Act 1858 ended the East India Company’s peculiar role in governing India and redefined, rationalised, and strengthened the constitutional basis of the United Kingdom’s sovereignty on the subcontinent. Enacted at the tail end of a long and bloody revolt across north India, the Act’s parliamentary passage was neither inevitable nor straightforward. The third attempt to legislate for India in 1858, the first two bills having been set aside, it was far more than an incremental development of previous acts that had gradually increased parliamentary oversight of the company. The termination of company rule went hand in hand with abolishing the archaic constitutional construction that it inhabited in India, which was centred on the Mughal emperor. In its place, the British crown became the paramount sovereign authority of a bounded territory that thereafter would be treated as a unitary state. The attendant expansion in the application of the royal prerogative placed overarching power into the hands of a Secretary of State at the newly created India Office. More than a holding measure but less than an Indian constitution, the 1858 Act was the constitutional foundation on which British-Indian relations were practised and redefined through to independence in 1947.

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