INTRODUCTION TO the CONSITUTION of India

Introduction to constitution

1. INTRODUCTION TO CONSITUTION HISTORICAL PERSPECTIVES

2. The British came to India in 1600 as traders, in the form of East India Company, which had the exclusive right of trading in India under as charter granted by Queen Elizabeth I. In 1765, the Company obtained the ‘ diwani ’ ( i.e right over revenue and civil justice) of Bengal, Bihar and Orissa. In 1858, in the wake of the ‘ sepoy mutiny’ the British crown assumed direct responsibility for the governance of India.

3. This rule continued until India was granted independence on August 15, 1947. With Independence, came the need for a Constitution. For this purposes Constituent Assembly was formed in 1946 and Constitution came into being on 26 th January, 1950. Various features of the Indian Constitution and Polity have their roots in the British rule.

4. Certain events which occurred during British rule also influenced our constitution and polity. Those Events are arranged Chronologically as under two major headings: 1) The Company Rule (1773-1858) 2) The Crown Rule (1858 – 1947)

5. I - THE COMPANY RULE (1773-1858) It comprises following Acts: Regulating Act of 1773: a) Through this act British Govt. took the first step to control and regulate the affairs of the East India Company in India. b) It recognizes the political and administrative functions of the company . c) Also laid the foundation of central administration in India ii) Amending Act of 1781: It was passed to rectify the defects of Regulating Act of 1773.

6. Features are following: 1. Distinguished between the commercial and political functions of the Company. 2. Commercial affairs control by ‘Court of Directors’ and Political affairs control by ‘Board of Control’. 3. ‘BOC’ was empowered to supervise and direct all operations of the civil and military Govt. or revenues of the British possession in India. Two important reasons for its significance are: Companies territories in India were for the first time called the ‘British possessions in India’ British Govt. was given the supreme control over company affairs and its administration in India. iii) Pitt’s India Act of 1784:

7. ACT OF 1786: This act was enacted to incorporate the demands of Lord Cornwallis to be appointed as the Governor General of Bengal. CHARTER ACT OF 1793: The features of this Act were as follows: Extended overriding powers to power given to Lord Cornwallis over his council. More Control to Gov. Gen. over the subordinate Presidencies of Bombay and Madras. Extended trade monopoly of Co. Members of BOC and their staff to be paid out of the Indian revenues. Without formal appointment Comm. in Chief could not be member of Gov-Gens’ Council

8. CHARTER ACT OF 1813: The features of this Act were as follows: Abolished trade monopoly of the company in India except to the trades in tea and trade with China. It asserted the sovereignty of the British Crown over the Company’s territories in India. Christian Missionaries were allowed to enlighten the people. Provided the support for the spread of western education in India. It authorized the Local Govt. to impose taxes on persons and also penalties for not paying taxes.

9. CHARTER ACT OF 1833: The features of this Act were as follows: Gov.-Gen. of Bengal was nominated as Gov.-Gen. of India and all civil and military powers vested with him. Lord William Bentick was the first Gov.-Gen. of India. Gov. of Bombay and Madras lost their legislative powers and previous passed acts now known as regulations East India Company became a purely administrative body. This Charter attempted to introduce a system of open competition for selection of civil servants also applicable for Indians but this provision was negated after opposition from the Court of Directors.

10. CHARTER ACT OF 1853 : This is the last act passed by the British Parliament between 1793 and 1853. It