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India is located in the southern part of the Asian continent. It is surrounded by countries like China, Pakistan, Myanmar, Bangladesh, Bhutan, and Nepal. These countries are historically considered as the greater India. India is regarded as one of the largest countries in the world. It stands seventh, according to its geographical area. It is also the world’s largest democracy. It has the second-largest population in the world. India is a country with unity in diversity. It has many religions and languages. Hindi is the national language of India.
The Background of the Indian Constitution
The establishment of the East Indian Company in India led to the formation of the Indian Constitution. The British rulers started it before India got its independence. Through the Royal charter of 1600, the East Indian company got incorporated in India. After this, many changes have taken place from the establishment of the East India Company to the present parliamentary type of government.
India is a country with 28 states and eight union territories. The type of government is parliamentary in India, and the Westminster model is the base for India’s parliamentary style of government. The Constitution was adopted on the 26th of November 1949, and it came into action on the 26th of January 1950. The Indian Constitution came into force then, celebrated as Republic day.
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The Historical Evolution of the Indian Constitution
The historical evolution of the Indian Constitution is mainly divided into two stages:
The Company Rule (1773 – 1858)
- Regulating Act 1773
- Pitt’s India Act 1784
- Charter Act- 1813
- Charter Act – 1833
- Charter Act – 1853.
The Crown Rule (1858 – 1947)
- Government of India Act-1858
- Indian Council(1861, 1892,1909)
- Government of India Act -1919
- Government of India Act -1935
- Indian Independence Act -1947
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The History of Indian Constitution –Regulating Act 1773:
The Governor of Bengal was made the Governor-General of Bengal. The Bombay Governor and the Madras governor were appointed as the subordinates to the Governor of Bengal. They also introduced the four-member council. During this period, the Supreme court was established, and it had a chief justice and three other judges.
The Act of settlement 1781:
This Act was introduced for the amendment of the Regulating Act 1773.
Pitt’s India Act 1784:
East India’s activities are divided into commercial and political activities. The commercial activities include trading, and it is under the control of the Court of Directors. There were 24 Court of Directors.
The political activities include military and revenue. It was under the control of the board of control, and there were six control boards. The British possession of India occurred during this period.
Charter Act 1793:
The East India Company renewed its agreement in India for the next twenty years. If the agreement did not extend, the British had to go back to withdraw their Company.
Charter Act – 1813:
The Company rule extended for another 20 years. East India Company had to spend one lakh rupees on Indian education every year. It ended companies’ monopoly trade in India. They permitted Christian Missionaries to propagate Christianity. As per the Act, Indians were allowed into the Service of Company for the first time.
Charter Act – 1833:
The Governor-General of Bengal was made as the Governor-General of India. The Company rule was extended for more time. The Sati was abolished in 1829. The First Law Commission was pioneered in 1834 under the chairmanship of Lord Macauley. After independence, the First Law Commission of India was formed in 1955, with the chairman – M-C. Setalvad. His term was for three years.
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Based on the Macaulay Committee report, 3 Acts were enacted-
- Civil procedure Code -1859
- Indian Penal Code – 1860
- Criminal procedure Code -1869
Trade Monopoly of the East India Company (EEIC] was completely abolished.
The Crown Rule (1858-1947):
The Crown Rule in the historical evolution of the Indian Constitution ended with the Charter Act – of 1853. The background of the Indian Constitution had a second phase called the Crown Rule. In this phase, the British started ruling India directly. The Crown Rule had different stages in which the British completely conquered India. And by the end of this phase, India got its independence from the British.
Conclusion:
The background of the Indian Constitution started with the establishment of the East India Company by the British. The British started introducing different Acts under the East India Company rule, and they made a renewal of their East Indian Company agreement every twenty years. After a few years, they gradually started conquering India and made rules that suited them. By the end of the Company phase, the British had completely conquered India. After the Crown rule of the British, India gained its independence. After getting independence in 1947, it took almost three years for the Indian Constitution to be established.
