theoryofabrogation

History of the Constitution of India

Basic Overview

  • 1600- Arrival of the British : The British East India Company (EIC) arrived in India in 1600 as traders with exclusive trading rights granted by Queen Elizabeth I.
  • 1764- Battle of Buxar : Transition to Power: Initially focused on trade, the EIC gained political power after winning the Battle of Buxar in 1764, securing Diwani rights (revenue collection) in Bengal, Bihar, and Orissa.
  • 1857- British Crown Control: Following the Revolt of 1857, the British Crown took direct control of India from the EIC and ruled until India gained independence on August 15, 1947.
  • 1950- Constitution of India: Formation of the Constitution: After independence, the Constituent Assembly was formed in 1946 to draft the Indian Constitution. Adoption of the Constitution: The Constitution of India was adopted on January 26, 1950.

Full Concept History of the Constitution of India

Regulating Act of 1773

  • Background: The British Parliament passed the Regulation Act of 1773 due to the inefficiency of the dual system introduced by Robert Clive in 1765.
  • Purpose: This was the first step to regulate and control the East India Company’s affairs.
  • Centralised Administration: It established a centralised administration in India.
  • Hierarchy: Made the Governors of Bombay and Madras presidencies subordinate to the Governor-General of Bengal.
  • Official Recognition: The political and administrative functions of the East India Company in India were officially recognised for the first time.

Pitt’s India Act of 1784:

  • Created a dual system of control with the British government having supreme control over the company’s affairs.
  • Established the Board of Control to oversee the East India Company’s civil, military, and revenue affairs.

Charter Act of 1793:

  • Renewed the East India Company’s charter for 20 years.
  • Allowed the company to continue trade and administrative functions in India.
  • Extended the company’s monopoly on trade with India.

Charter Act of 1813:

  • Ended the East India Company’s monopoly on trade with India, except for trade in tea and trade with China.
  • Allowed missionaries to come to India and promote education.

Charter Act of 1833:

  • Centralised the administration of India under the Governor-General.
  • Ended the East India Company’s commercial activities, making it an administrative body only.
  • Provided for the establishment of a law commission to codify Indian laws.

Charter Act of 1853:

  • Renewed the company’s charter but did not specify a time limit.
  • Introduced a competitive examination for the recruitment of civil servants.
  • Created a separate legislative council for India.

Government of India Act, 1858:

  • Transferred control of India from the East India Company to the British Crown.
  • Established the office of the Secretary of State for India.
  • Created the Indian Civil Service under the direct control of the British government.

Indian Councils Act 1861:

  • Introduced Indian representation in the legislative process.
  • Allowed the Viceroy to nominate Indian members to his expanded council.

Indian Councils Act 1892:

  • Expanded the powers of legislative councils and increased the number of Indian members.
  • Introduced indirect elections for the legislative councils.

Indian Councils Act 1909 (Morley-Minto Reforms):

  • Introduced separate electorates for Muslims.
  • Expanded legislative councils at both central and provincial levels.
  • Increased Indian participation in governance.

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

  • Introduced dyarchy in the provinces, dividing subjects into transferred and reserved categories.
  • Expanded the central and provincial legislative councils and increased Indian representation.

Indian Independence Act of 1947:

  • Granted independence to India and Pakistan.
  • Ended British rule in India.
  • Provided for the partition of India and the establishment of two independent dominions, India and Pakistan.

Indian Constitution

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