Introduction to constitution

1. 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 26th 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:
i) 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.

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