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Historical Background of Indian Constitution
Constitution:
Constitution of a country is the legal document which provides the basic structure of the political system and defines the powers of main organs of the State and demarcates their responsibilities and jurisdictions.
CONSTITUTIONAL DEVELOPMENTS
It was in 1934 when the idea of Constituent Assembly for India was put forward for the first time by M.N.Roy.
In 1935, the Indian National Congress (INC) demanded a Constituent Assembly to frame the Constitution.
In 1938 Jawaharlal Nehru, On behalf of INC declared that the Constitution of Free India must be framed without outside interference, by a Constituent Assembly elected on the basis of Adult Franchise. The demand was accepted by British Government during August Offer 1940.
In 1942, Sir Stafford Cripps, a member of the cabinet came to India with draft proposal of Independent Constitution, to be adopted after the World War-II.
The Cripps proposal was rejected by the Muslim League which wanted India to be divided into two autonomous States with two Separate Constituent Assemblies.
Finally, the Constituent Assembly was constituted in November, 1946 under the scheme formulated by the cabinet Mission Plan.
LANDMARKS IN THE DEVELOPMENT OF THE CONSTITUTION
Regulating Act, 1773
It made a provision of Supreme Court at Fort William, Calcutta comprising one Chief Justice and three other judges.
It prohibited the servants of the company from engaging in any private trade of accepting presents or bribes from the natives.
Pitt's India Act, 1784
It made a provision of separation in company's commercial and political activities.
It created a new body called Board of Control to manage the political affairs while Court of Directors were allowed to manage the commercial affairs.
The Company's territories in India were for the First time called British possessions in India
Charter Act, 1793
Salaries of the members of the board to be drawn from the Indian exchequer.
Charter Act, 1813
Company's monopoly over trade was abolished in India but its monopoly over trade with China and for trade in tea retained.
Constitutional position of the British territories in India was explicitly defined for the first time.
This act asked Company to spend one lakh rupees every year on the education of Indians.
Christian missionaries were permitted to preach their religion in India.
Charter Act, 1833
Company lost its monopoly over trade with China also and it was asked to close the commercial business.
The Company became a purely administrative body. It made the Governor General of Bengal as the Governor General of India.
This act asked government to abolish slavery in India.
Charter Act, 1853
Separation of executive and legislative functions of the Governor General's Council.
It provided for addition of six new members called legislative Councilors to the Council. It was known as Indian (Central) Legislative Council.
An open competition system of selection and recruitment of civil servants was introduced.
For the first time local representation in the Indian (Central) Legislative Council was allowed.
Government of India Act, 1858
It brought an end to the Company's rule and transferred power to the British crown.
It changed the designation of Governor General of India to that of Viceroy of India and he was appointed as the direct representative of British Crown in India.
Dual Government introduced by pitt's Act was abolished by this act.
This act proposed highly centralized administration.
A new office of Secretary of State for India was created and he was vested with complete authority and control over Indian administration.
The secretary of state was a member of the British Cabinet and was responsible ultimately to the British Parliament.
