Historical Background of the Indian

Constitution
Introduction
● The British first arrived in India in 1600 as traders, under the banner of the East India
Company.

● The Company was granted exclusive trading rights in India by a charter issued by Queen
Elizabeth I.

● In 1765, the Company transitioned from being a purely commercial entity to a territorial
power by acquiring the ‘Diwani’ rights (revenue collection and civil justice) for Bengal,
Bihar, and Orissa.

● Following the Sepoy Mutiny of 1857, the British Crown assumed direct control of India in
1858, ending Company rule.

● The British rule continued until India’s independence on August 15, 1947.

● The need for a Constitution arose after independence, leading to the formation of the
Constituent Assembly in 1946, with the Indian Constitution coming into effect on January
26, 1950.

● Several features of India's Constitution and governance have their roots in the British
colonial legal and administrative framework.

● These developments, organized chronologically, are divided into two key phases:

○ The Company Rule (1773–1858)

○ The Crown Rule (1858–1947)

The Company Rule (1773–1858)

● Regulating Act of 1773:
● First step to regulate the East India Company by the British
Government.

● Recognized the company's political and administrative functions.

● Created the position of Governor-General of Bengal (Lord Warren

Hastings was the first).

● Executive Council of four created to assist the Governor-General.

● Governor-General was made superior to governors of Bombay

and Madras.

● Established a Supreme Court in Calcutta (1774) with one Chief Justice and three judges.

● Prohibited Company servants from private trade and accepting bribes.

 ● The Court of Directors had to report revenue, civil, and military affairs to the British
Government.

● Amending Act of 1781 (Act of Settlement):

● Limited the Supreme Court’s jurisdiction over the Governor-General and Council in
official capacities.

● Excluded revenue matters from Supreme Court jurisdiction.

● The personal law of Hindus and Muslims was recognized in the legal system.

● Pitt’s India Act of 1784:

● Distinguished between commercial and political functions of the company.

● Created a Board of Control to supervise political affairs, establishing a double

government.

● The Court of Directors managed commercial affairs, while the Board of Control oversaw
political operations.

● The territories of the company were called ‘British possessions in India’.

● Charter Act of 1793:

● Extended the Company’s trade monopoly for another 20 years.

● Gave Governor-General overriding powers over the Councils of Bombay and Madras.

● Allowed the Governor-General to override his council in special cases.

● Charter Act of 1813:

● Ended the Company's trade monopoly except for trade with tea and China.

● Asserted the British Crown’s sovereignty over the company's territories.

● Allowed Christian missionaries to operate in India for education and

religious purposes.

● Promoted Western education in British territories.

● Empowered local governments to impose and collect taxes.

● Charter Act of 1833:

● Made the Governor-General of Bengal the Governor-General of
India.

○ The first one was Lord William Bentick.

● Centralized legislative power in the hands of the Governor-General’s

Council.
 ● Ended the East India Company’s commercial role, turning it into an administrative
body.

● Provided for open competition for civil services, allowing Indians to compete, but the
proposal was negated by opposition.

● Charter Act of 1853:

● Separated legislative and executive functions of the Governor-General’s Council.

● Introduced a Legislative Council, which acted as a mini-parliament.

● Open competition for recruitment to the Indian Civil Services (ICS), allowing Indians to
enter through exams.

● For the first time, the Company’s rule was extended without a fixed period, signaling
an indefinite rule.

● Introduced local representation in the legislative councils, with members nominated

from Madras, Bombay, Bengal, and Agra.

The Crown Rule (1858–1947)

● Government of India Act, 1858:
● Abolished the East India Company; the British Crown took direct control.

● The Governor-General became the Viceroy of India.

● Created the office of Secretary of State for India, a British Cabinet member
responsible for Indian affairs.

● Established a 15-member Council of India to assist the Secretary of State.

● Abolished the dual government system, centralizing control under the Crown.

● Indian Councils Act, 1861:

● Began the inclusion of Indians in legislative councils.

● The First three Indians nominated by the Viceroy to the Legislative Council

○ The Raja of Benaras.

○ The Maharaja of Patiala.

○ Sir Dinkar Rao.

● Allowed non-official Indian members to join legislative councils.

● Initiated decentralization, restoring legislative powers to Bombay and Madras.

 ● Empowered the Viceroy to make rules for more efficient governance and issue
ordinances during emergencies.

● Indian Councils Act, 1892:

● Increased the number of non-official members in legislative councils.

● Gave legislative councils the power to discuss the budget and address questions to the
executive.

● Allowed for the nomination of members by district boards, universities, and trade
associations.

● Indian Councils Act, 1909 (Morley-Minto Reforms):

● Enlarged the legislative councils both at the central and provincial levels.

● Introduced the concept of separate electorates for Muslims, establishing communal

representation.

● Indians were allowed to join executive councils for the first time.

● Government of India Act, 1919 (Montagu-Chelmsford Reforms):

● Introduced dyarchy in provinces, dividing subjects into transferred (handled by Indian
ministers) and reserved (handled by British officials).

● Expanded legislative councils and introduced bicameralism in provinces like Bengal and
Madras.

● Extended communal representation to Sikhs, Indian Christians, and Anglo-Indians.

● Government of India Act, 1935:

● Introduced provincial autonomy: Governors had to act on the advice of ministers
responsible to the provincial legislatures.

● Established bicameral legislatures in several provinces.

● Expanded communal representation to Scheduled Castes, women, and labour.

● Provided for the establishment of the Federal Court, Reserve Bank of India, and Public
Service Commissions at both federal and provincial levels.

● Indian Independence Act, 1947:

● Ended British rule, creating two independent dominions: India and Pakistan.

● Abolished the office of Viceroy and provided for Governors-General appointed by the
respective dominion cabinets.

● Empowered the Constituent Assemblies of both dominions to frame their constitutions.

● Granted princely states the option to join India, Pakistan, or remain independent.