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Evolution of the Indian Constitution : Historical Background (Part - 2)

Evolution of the Indian Constitution : Historical Background (Part - 2)

We will understand the material related to the development of the Indian Constitution in the following four parts, whose links are as follows –

  2. Evolution of the Indian Constitution : Historical Background (Part - 2)
  4. Evolution of the Indian Constitution : Historical Background (Part - 4)

We can divide the development of the Indian Constitution mainly into two categories –

Street Studies

A . Acts Passed Under The British East India Company (1773 – 1853)

Various Acts were passed by the British East India Company from 1773 to 1853 AD. After the military rebellion in 1857 (which is also known as India's First War of Independence or Sepoy Mutiny), the command of governance passed from the hands of the Company to the British Crown. 

Various acts passed under the East India Company are as follows –

  1. Regulating Act 1773
  2. Act of Settlement 1781
  3. Act of 1786
  4. Pitt's India Act 1784
  5. Charter Act, 1793

5. Charter Act, 1793

  • The rights of the company were extended for 20 years.
  • Arrangements were made to pay salaries and allowances to the board members and employees from the Indian revenue.

6. Charter Act, 1813

  • The charter of the company was extended for 20 years.
  • The company's monopoly of trade with India was abolished, but trade with China and trade with eastern countries remained a monopoly for 20 years.
  • Trade with India was opened to all British citizens under certain limits.
  • Under this Act, the system of Oriental education was discouraged in India and a provision was made to spend one lakh rupees every year for the spread of Western education and education in English language. A 'General Committee of Public Instruction' was formed to collect one lakh rupees. 

7. Charter Act, 1833

  • By this the Governor General of Bengal was made the Governor General of India. Thus became the first Governor General of India – Lord William Bentinck.
  • All civil and military powers were vested in the Governor General, that is, by this the British Government had complete control over the entire Indian territory under British occupation.
  • For legal advice, a fourth member was included in the Governor General's Council as a law member.
  • The first Law Commission was formed under the chairmanship of Lord Macaulay.
  • The Governors of Bombay and Madras were deprived of legislative power and the Governor General of India was given unlimited legislative powers for the whole of British India. In this way, the law made earlier was called regulatory law and the newly made law was called Act or Act.
  • The trading rights of the company were terminated. In this way the work of the Company was reduced only to the governance (political work) of India on behalf of the British Government.
  • The Governor General's Council was given complete revenue related powers and was instructed to prepare a single budget for the whole of India.
  • According to section 87 of the Act, disqualification on the basis of religion, place of birth, race or color of a person was prohibited for holding office under the company.
  • On the basis of the recommendation of the 'Sleeman Committee', slavery was declared against the law and it was completely abolished by 1843.

8. Charter Act, 1853

  • For the first time the legislative and administrative functions of the Governor General were separated. Under this, six new councilors were added while expanding the Council of India, which were called Legislative Councilors or Indian Legislative Council.
  • By abolishing the principle of nomination in services, arrangements were made for appointment through competitive examinations. Open competition system was started in the recruitment and selection of civil servants. For this, in 1854, the Macaulay Committee (in relation to the Indian Civil Service) was appointed.
  • For the first time local representation was started in the Indian Central Legislative Council for law making. Of the six new members of the Governor-General, four were elected from the local provincial governments of Bengal, Madras, Bombay and Agra.
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