Constitutional Development of India: Introduction
Constitutional Development of India: With the passage of Indian Independence Act, 1947 by the British Parliament, India became independent in 1947. It was, however, followed by the partition of the country into India and Pakistan. The Constituent Assembly, which was elected in July 1946, was entrusted with the responsibility of drafting the Constitution of India. It held its first meeting on 9 December, 1946. After independence, the Constituent Assembly became a sovereign body and after a deliberation of 35 months, the Constituent Assembly completed its work and the Constitution of India was finally adopted on 26 November 1949. On 26 January, 1950 the Constitution of India came into force.
The development of the Constitution in India has a long history. The roots of the modern Constitution can be traced back to the advent of the British East India Company, which was formed in 1600 by some merchants of London who secured a royal charter from Queen Elizabeth I.
The Company Rule (1773 – 1858): Constitutional Development of India
The Regulating Act of 1773 The Regulating Act of 1773 was a significant milestone, as it recognized the definite political functions of the Company, asserted the rights of the British Parliament to dictate the form of Government, and was the first parliamentary act that defined the form of Government in India.
Pitt’s India Act of 1784
The Pitt’s India Act of 1784 established a system of dual government, with the creation of a Board of Control and the Court of Directors. It empowered the Board of Control to superintend, direct and control all operations of the civil and military government of British possessions in India.
The Charter Act of 1793: Constitutional Development of India
The Charter Act of 1793 extended the commercial monopoly of the Company for another 20 years and contributed to the growth of a strong central power in India.
The Charter Act of 1813
The Charter Act of 1813 threw open the Indian trade to all British subjects, abolished the Company’s monopoly of trade with India, and made special provisions for the administration of justice and the training of civil and military officers.
The Charter Act of 1833
The Charter Act of 1833 abolished the Company’s monopoly over Chinese trade, strengthened the hands of the Central Government over the Presidency Governments, and empowered the Governor-General to make laws and regulations for the welfare of Indians.
The Charter Act of 1853: Constitutional Development of India
The Charter Act of 1853 carried out a separation in the Legislative and Executive authority, by enlarging the Council of the Governor-General for Legislative purposes.
The Crown Rule (1858-1947)
The Government of India Act of 1858: Constitutional Development of India
The Government of India Act of 1858 marked the transfer of India’s governance from the East India Company to the British Crown. It provided that India was to be governed by and in the name of Her Majesty, and abolished the Board of Control and the Court of Directors, placing Indian affairs under the Secretary of State for India and his Council.
Proclamation of Queen Victoria In 1858,
Queen Victoria issued a Proclamation to the Princes and people of India, declaring that all treaties and engagements made with them by the East India Company would be scrupulously maintained.
The Indian Councils Act of 1861
The Indian Councils Act of 1861 enabled the Governor-General to associate representatives of the Indian people with the work of legislation by nominating them to his expanded Council. It also decentralized the legislative powers of the Governor-General’s Council and vested them in the Governments of Bombay and Madras.
The Indian Councils Act of 1892:Constitutional Development of India
The Indian Councils Act of 1892 increased the number of additional members in the Councils, empowered the Councils to discuss the Annual Financial Statement, and allowed for the indirect election of some members
Morley-Minto Reforms, 1909: Constitutional Development of India
The Indian Councils Act, 1909, also known as the Morley-Minto Reforms, introduced the principle of communal representation through separate electorates for Muslims and other minority groups.
The Government of India Act of 1919: Constitutional Development of India
The Government of India Act of 1919, or the Montagu-Chelmsford Reforms, introduced the system of “dyarchy” in the provinces, dividing subjects into “transferred” and “reserved” domains. It also established a bicameral legislature at the center, with a Legislative Assembly and Council of State.
Simon Commission The Simon Commission, appointed in 1927, recommended the abolition of dyarchy and the introduction of responsible government in the provinces, paving the way for the Government of India Act of 1935.
The Government of India Act of 1935: Constitutional Development of India
The Government of India Act of 1935 envisaged the formation of an All India Federation consisting of British Provinces and the Indian States, provided for a federal structure with autonomous provincial governments, and established a bicameral legislature at the center.
The Indian Independence Act of 1947: Constitutional Development of India
The Indian Independence Act of 1947 granted independence to India and Pakistan, and partitioned the country along communal lines. It also provided for the Constituent Assembly to draft the Constitution of independent India.
The Constituent Assembly and the Making of the Constitution The Constituent Assembly held its first meeting on December 9, 1946, with the responsibility of drafting India’s constitution. After 35 months of deliberations, the Constitution of India was finally adopted on November 26, 1949 and came into force on January 26, 1950.
Conclusion
The constitutional development of India is a complex and fascinating journey, shaped by the country’s tumultuous history, the struggle for independence, and the vision of its founding fathers. The making of the Indian Constitution was a monumental undertaking, drawing upon the experiences and aspirations of the diverse peoples of the subcontinent. As India continues to grow and develop, the Constitution remains a dynamic and living document, adapting to the changing needs of the nation.
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