Apna Gyaan

From the very beginning to present India, Constitutional Development in India took place under the different rulers. So, from the early Vedic period where Rajan was the real authority to the Mahajanapada period where Samrat like the Great Ashoka ruled, there was a proper constitutional development in India.

During Modern India, in the 17th Century, European powers came to India for trading purposes. Though there were four contenders for Indian Subcontinent, like Portuguese, Dutch, French and British.

But out of these four, British ruled India for next 250years. It was because of political instability in India and this gave the opportunity to Britishers under the mask of traders to exploit the Indian subcontinent.

So, the story started as, the British came to India in 1600 as traders, in the form of East India Company, which had the exclusive rights of trading in India under a charter granted by Queen Elizabeth I.

Constitutional Development Phases

After the battle of Buxar, 1764, in 1765, according to Allahabad Treaty, Company obtained the ‘Diwani’ (rights over revenue and civil justice) of Bengal, Bihar, and Orissa.

So, now the company started its career as a territorial power. After the events in 1858, (The first war of Independence, 1857) the British crown assumed the responsibility for the governance in India. So, this rule continued until India became an independent country on August 15, 1947.

In short, it was a series of events that lead to the Constitutional development in India. Presently it is the world’s largest written constitution.

So, as it is known, India has been a diverse country in respect of culture, people, and geographic terrain. And it was a challenging task for the makers of the constitution to form a supreme rule book in a manner which provides accommodation to each section of the society.

Because certain events in the British rule laid down the legal framework for the organization and functioning of government. So, here, we will discuss the events that have a great influence on the Constitution Development.

Constitutional Development: Historical Background

The Company Rule (1773-1858)

Regulating Act, 1773

So, it was the first step taken by the British government to control and regulate East India Company in India.

• It designated the Governor of Bengal (Fort William) as the Governor-General of Bengal and presidencies of Bombay and Madras became subordinate.
• The Supreme Court was established at Calcutta in 1774.
• This act prohibited servants of the company from engaging in any private trade or accepting bribes from the natives. Because, from 1765 to 1773, the company’s employees became power corrupt.
• Establishment of Court of Directors (the governing body of the company) to report its revenue to the British Crown.

Act of Settlement, 1781

The prime objective of this Act was to remove duality about the powers and jurisdiction of the Supreme Court. So, this act defined precisely, Governer-General in council and its powers as well as Supreme Court Powers.

Pitts India Act, 1784

• The company’s territories were called “The British possessions in India”. So, this was the clear assertion that the British Crown claimed ownership over the territory acquired by the company in India.
• So, according to this act, the British government had supreme control over the company’s affairs and its administration in India.
• It allowed the court of directors to manage the commercial affairs and board of control to manage political affairs.
• Governor’s council was established in Bombay and Madras.

Charter Act, 1813

According to this charter act, the trade with India opened to all British Citizen, an exception was tea trade and trade with China.

Because according to the then world dynamics, British East India Company exported Indian tea in North America, under their imperialist rule. (We have come across an event of Boston Tea Party, where American’s boycotted Tea import from British East India Company.)

Charter Act, 1833

This act was the final step towards centralization of Company rule in India.

• It made Governor-General of Bengal as the Governor-General of India and first Governor-General of India was Lord William Bentick.
• So, here starts the beginning of a Central legislature for India as the act also took away the legislative powers of Bombay and Madras presidencies.
• The act ended the activities of the East India Company as a commercial body. So, now it became a purely administrative body.
• It introduces a system of open competition for the selection of civil servants.

Charter act, 1853

This act became the last of the series of charter acts passed between 1793 and 1853.

• It was a significant constitutional development. It separates the legislative and executive rights of the Governor-General’s council.
• 6 members in the central legislative council. So, four out of the six members appointed from the provisional governments of Madras, Bombay, Bengal, and Agra.
• It started an open competition for Recruitment of civil servants of the company (Indian Civil Service, ICS open to all).

So, let us sum up the following acts in a mind mapping diagram, it will be easy to memorize them.

So, this was all about Constitutional Development under the Company rule. In the upcoming post, we will discuss how the crown acquired the authority over Indian Subcontinent. And Constitutional Development under the British Crown.

Thanks. Stay Civilised. 😊