Governor-General of India
India and Pakistan acquired independence in 1947, but governors-general continued to be appointed over each nation until republican constitutions were written. Louis Mountbatten, 1st Earl Mountbatten of Burma, remained governor-general of India for some time after independence, but the two nations were otherwise headed by native governors-general. India became a secular republic in 1950; Pakistan became an Islamic one in 1956.
The powers of the governor-general, in respect of foreign affairs, were increased by the India Act 1784. The act provided that the other governors under the East India Company could not declare war, make peace or conclude a treaty with an Indian prince unless expressly directed to do so by the governor-general or by the company's Court of Directors.
While the governor-general thus became the controller of foreign policy in India, he was not the explicit head of British India. That status came only with the Charter Act 1833, which granted him "superintendence, direction and control of the whole civil and military Government" of all of British India. The act also granted legislative powers to the governor-general and council.
The governor-general was always advised by a Council on the exercise of his legislative and executive powers. The governor-general, while exercising many functions, was referred to as the "Governor-General in Council."
The Regulating Act 1773 provided for the election of four counsellors by the East India Company's Court of Directors. The governor-general was to be assisted by an executive council of four members and was given a casting vote but no veto. The decision of the council was binding on the governor-general.
In 1784, the council was reduced to three members; the governor-general continued to have both an ordinary vote and a casting vote. In 1786, the power of the governor-general was increased even further, as Council decisions ceased to be binding.
The Charter Act 1833 made further changes to the structure of the council. The Act was the first law to distinguish between the executive and legislative responsibilities of the governor-general. As provided under the Act, there were to be four members of the Council elected by the Court of Directors. The first three members were permitted to participate on all occasions, but the fourth member was only allowed to sit and vote when legislation was being debated.
In 1858, the Court of Directors ceased to have the power to elect members of the council. Instead, the one member who had a vote only on legislative questions came to be appointed by the sovereign, and the other three members by the secretary of state for India.
The Indian Councils Act 1861 made several changes to the council's composition. Three members were to be appointed by the secretary of state for India, and two by the Sovereign. The power to appoint all five members passed to the Crown in 1869. The viceroy was empowered to appoint an additional 'six to twelve' members (changed to 'ten to sixteen' in 1892, and to 'sixty' in 1909). The five individuals appointed by the sovereign or the Indian secretary headed the executive departments, while those appointed by the viceroy debated and voted on legislation.
In 1919, an Indian legislature, consisting of a Council of State and a Legislative Assembly, took over the legislative functions of the Viceroy's Council. The viceroy nonetheless retained significant power over legislation. He could authorise the expenditure of money without the Legislature's consent for "ecclesiastical, political [and] defence" purposes, and for any purpose during "emergencies." He was permitted to veto, or even stop debate on, any bill. If he recommended the passage of a bill, but only one chamber cooperated, he could declare the bill passed over the objections of the other chamber. The Legislature had no authority over foreign affairs and defence. The president of the Council of State was appointed by the viceroy; the Legislative Assembly elected its president, but the election required the viceroy's approval.
From around 1885, the viceroy of India was allowed to fly a Union Flag augmented in the centre with the 'Star of India' surmounted by a Crown. This flag was not the Viceroy's personal flag; it was also used by Governors, Lieutenant Governors, Chief Commissioners and other British officers in India. When at sea, only the viceroy flew the flag from the mainmast, while other officials flew it from the foremast.
From 1947 to 1950, the governor-general of India used a dark blue flag bearing the royal crest (a lion standing on the Crown), beneath which was the word 'India' in gold majuscules. The same design is still used by many other Commonwealth Realm Governors-General. This last flag was the personal flag of the governor-general only.