History of Indian constitution Under British rule prepared by: Jatin halankar-200280116014 Abhishek Thesiya-200280116015 Jenish Devmurari-200280116016 Dhaval Gadhiya-200280116013 Introduction • Constitutional Development of India is a detailed analysis of how the Constitution of India has evolved from the past to the current. • This article helps one to briefly understand the Development of Indian Constitution starting from Regulating Act of 1773 till the time when the Constitution of India came. GROWTH OF THE INDIAN CONSTITUTION o The origin and growth of the Indian Constitution have its roots in Indian history during the British period. From 1773 onwards, various Acts were passed by the British Government for the governance of India. None of them, however, satisfied Indian aspirations mainly because they were imposed by the alien rulers. o The period of historical British Constitutional experiments in India can be divided into two phases: o Phase 1- Constitutional experiment during the rule of the East India Company (1773-1857) o Phase 2 – Constitutional experiments under the British Crown (1857-1947) o Constitutional Development – East India Company Rule (1773 – 1857) The Company Rule In India (1773-1857) Beginning of Rule : The British East India Company was established as a trading company in 1600 and transformed into a ruling body in 1765. Interference in Internal Affairs: After the Battle of Buxar (1764), the East India Company got the Diwani (right to collect revenue) of Bengal, Bihar and Orissa and gradually, it started interfering in Indian affairs. Exploitation of Power: The period from 1765-72 saw duality in the system of government where the Company had the authority but no responsibility and its Indian representatives had all the responsibility but no authority. This resulted in: • Rampant corruption among servants of the Company. • Excessive revenue collection and oppression of peasantry. • The Company’s bankruptcy, while the servants were flourishing. Response of British Government: To bring some order into the business, the British government decided to regulate the Company with a gradual increase in laws. Acts Introduced by British Government Regulating Act, 1773 Pitt’s India Act, 1784 Charter Act, 1793 Charter Act, 1813 Charter Act, 1833 Charter Act, 1853 Government of India Act, 1858 India council act of 1892 Indian independence act of 1947 Regulating Act, 1773 1. This is the first Act passed by the British Parliament to control and manage the undertakings of the East India Company in India. 2. According to this Act, the Governor of Bengal was renamed to the Governor-General and Governors of Bombay and Madras brought under control of Governor of Bengal. Warren Hastings was the first Governor-General. The Governor-General was enabled to make rules and guidelines. 3. A Supreme Court was set up at Calcutta in 1774, according to the arrangements of Regulating Act 1773. Pitts India Act of 1784 1. According to this Act of 1784, the regions of East India Company was called as the “British Possessions in India” and a joint Government of British India run by the Crown and Company was set up. The government had a definitive force and authority. 2. Governors Councils were set up in Bombay and Madras. Charter Act, 1793 1. The British Parliament passed the Charter Act 1793 or the East India Company Act 1793 aimed at renewing the company’s charter for the next 20 years which was first given by the Regulating Act of 1773. 2. With this company’s monopoly in trade with India continued and was given the right to trade with India for the next 20 years Charter Act of 1813 It brought an end to the monopoly of East India Company, in the sector of trade with India. Trade with India was opened for all Britishers except the Tea Trade. Charter Act of 1833 1. Governor General of Bengal turned into the Governor-General of India. Lord William Bentick was the first GovernorGeneral of India. 2. East India Company set up as a simple administrative body. And the Governor-General was given full power over income, common and military. 3. Charter Act of 1833 was the last advance in the Process of Centralization in India, an interaction that started with the Regulating Act of 1773. Charter Act of 1853 1. Civil Service Examination was introduced. 2. As per the Charter Act of 1853, Governor General’s Legislative Council came to be known as the Central Legislative Council. Government of India Act, 1858 • • • • • • • Also known as “Act for the Good Government of India”. Abolished the Company Rule, British Crown assumes power. Designation of Governor General of India was changed to Viceroy of India. Lord Canning was first one to hold this title. Ended the system of double government. Created new office of “Secretary of State” for India. 15 member advisory body called Council of India was created to assist Secretary of State. This act was largely confined to improvement of administrative machinery. That was of no benefit to Indians! India council act of 1892 1) Introduced indirect elections. 2) Enlarged the size of the legislative councils. 3) Enlarged the function of the legislative councils and gave them the power of discussing the budget and addressing questions to the executive. Indian independence act of 1947 1) It declared india as an independent and sovereign state. 2) Established responsible goverments at both the centre and the provinces…. Thank you !!! By Jatin halankar-200280116014 Abhishek Thesiya-200280116015 Jenish Devmurari-200280116016 Dhaval Gadhiya-200280116013