British Constitution and The Indian Constitution

For 150 years, the British ruled over the Indian subcontinent. Through the East India Company, the British established themselves in the country. India had rich resources and other merits that attracted the British rulers to India. For sustaining Britain’s Industrial Revolution, India was the ultimate source that provided large markets.

The Britishers implemented various law amendments followed by multiple acts. Some of the practices established by the British are still used in India today. However, few people are aware of the background history of the British Constitution and its features. We will explore the history of the British Constitution and its role in the Indian Constitution in this article.

Historical Development of the British Constitution

Unlike other constitutions, the British Constitution is not a set of written rules and regulations. The Constitution is thus also referred to as an uncodified constitution. There was no constituent assembly. The British Constitution was built upon conventions and traditional principles. However, an important document was written in 1215: the Magna Carta. In addition to the British Constitution, the Magna Carta has formed the basis of many other nations’ constitutions.

Essential features of the British Constitution

Here are the four main Important features of the British Constitution.

Parliament

The British Parliament is Bicameral-which means it has two chambers. It consists of the sovereign, the House of Lords, and the House of Commons. The decisions are made in one House and have to be approved by another House. The British Parliament has supremacy in legislative matters.

Federalism

The British government follows the unitary nature of federalism. The British Parliament has all the powers of the British government. The courts or any cabinet ministers have no control to question the laws brought in by the British Parliament. Moreover, hence, the parliament can also change the Constitution without the interference of other authorities.

A Rule of law

The primary aim of the Rule of law is to promote prosperity. The Rule of law states that no one is above the law. 

Judiciary

The Common law system is the basis of the British Constitution. Due to this, the judiciary has no power to cancel or go against an act. The Parliamentary Board possesses power over the removal and appointment of a judge. The laws are intended to promote equality by making it easy for judges to issue judgments without fear.

The British Rule in India

During the eighteenth century, British and French companies to expand their trade came to India. Then the Europeans were allowed to set strategic points across the subcontinent to facilitate trading and other profitable practices. These authorities established their trading practices in India due to the support of local company owners and troops.

The victory in the battle of Plassey was the event that led to the East India Company acquiring the power of Bengal. They had the right to collect taxes while also obtaining administrative rights. After the Government of India Act in 1858, the company rule ended. Lord Canning became Viceroy of India. The Board of Control was abolished, and the era of the British Raj started.

The Indian Constitution

On 26 January 1950, the Constitution of India was enacted by the Indian assembly. Parliament and state legislatures all pass laws based on the Constitution.

The Indian Constitution aimed to give fundamental rights to the people. Several features of the Indian Constitution stem from acts enacted during the British Raj. Such as the Government of India Act of 1858 and the Indian Councils Act of 1861. The legislative council and the legislative assembly developed into Rajyasabha and Loksabha. 

The Indian Constitution- was drafted by a committee led by Dr Babasaheb Ambedkar and was approved on 26 November 1950. This day is celebrated as Constitution Day in India. On 26 January 1950, it was adopted. Moreover, hence India became the Sovereign Republic on this date.

Conclusion

The Indian Constitution came into practice on 26 January 1950. Creation of a drafting committee- was made to draft the Indian Constitution and Dr Babasaheb Ambedkar was the head of the committee. The Constitution borrowed numerous features from the British Constitution, such as the British’s rule of law earlier. The speaker and his role in the assembly. However, it differs from the British Constitution due to its written nature and federal nature.