Legal History PSDA

By Kushagra Soni
BA LL.B (2023-2028)
Topic- The developments leading up
to the framing of Indian Constitution
 Introduction
A constitution is the basic principles and laws of a nation, state or social group that define the
powers and duties of government and guarantee certain rights to its members. It is a literary
instrument that embodies the rules of political or social organization. It is a method by which a state
or society is organized, and sovereign power is distributed. A constitution is a set of basic principles
based on which a state is formed or ruled. The constitution defines the basic distribution of power in
the country and decides who decides what the laws should be. The constitution first defines the
working arrangements of the parliament and gives the parliament powers to decide on laws and
policies. The constitution places limits on the government in terms of how much the government can
impose rules and policies on its citizens. These limits are fundamental in the sense that the
government can never cross them. The Constitution gives the government the opportunity to fulfill
the wishes of society and create the conditions for a just society. The British came to India in 1600 as
traders in the form of the British East India Company, which had the exclusive right to trade in
India under a charter granted by Queen Elizabeth I. In 1765, the company was granted a 'diwan'
(income and civil rights) in Bengal, Bihar and Orissa. It began its career as a territorial power. In
1858, after the "Sepoy Mutiny", the British crown assumed direct responsibility for governing
India. This rule remained valid until the independence of India on August 15, 1947.With
independence came the need for a constitution. In 1946, the Constituent Assembly was established
for this purpose, and on January 26, 1950, the Constitution came into force. However, several
features of the Indian constitution and politics are derived from British rule. There are certain
events in the British rule that created the legal framework for the organization and functioning of
the government and administration of British India. These events greatly influenced our
constitution and politics.
 Regulating Act 1773
The Act designated the Governor of Bengal as the Governor-General of Bengal. The first Governor-
General of Bengal was Lord Warren Hastings. The Act made the Governors of Bombay and Madras
subordinate to the Governor-General of Bengal. The Supreme Court was established in Fort William
(Calcutta) as the Supreme Court in 1774.

Charter Act 1833

The company's trade monopoly with India was completely abolished. The Act created the office
ofGovernor General of India. This made the Governor General of Bengal the Governor General
of India. The first Governor-General of India was Lord William Bentick. Bombay and Madras
governments were deprived of legislative power. This was the last step towards the
centralization of British India. This act ended the business of the British East India Company.
 Government of India Act 1858
The British crown took over the sovereignty of India from the British East India
Company. It ensured absolute imperial control without popular participation in the
governance of the country. This act transferred the government of India, territories and
revenues of East India to the British Crown. The charter of the company was replaced
by the power of the Indian Crown. The powers of the British Crown were the Indian
Secretary of State. The Secretary of State was a member of the British government. He
was assisted by a 15-member Indian Council. He was given complete power and control
of the administration of India through the Governor-General as agent. He was
ultimately responsiblethe British Parliament. The Governor General was appointed as
the Viceroy of India. Lord Canning was the first Viceroy of India in 1858.
 Government of India Act 1935
The act provided that the federal government would take the provinces and princely
states of India as units. They wanted to establish a federal court. Burma was separated
from India.The act divided power between the center and the units into three lists,
namelythe federal list, the provincial list and the parallel list. It provided for the
establishment of the Reserve Bank of India to control the currency and credit of the
country. The law established bicameralism in six of the 11 provinces. The six provinces
were Assam, Bengal, Bombay, Bihar, Madras and Great Britain.
 Indian Independence Act 1947
It was based on the famous Mountbatten Plan (June 3, 1947). Parliament on 5 July
1947.The Act released state approval on 18 July 1947 and came into force on 15 August
1947.The main provisions were as follows:The two Dominion States, India and Pakistan,
came into being on 15 August 1947. . The boundaries between the two Dominion States
appointed by the Boundary Commission, \ chaired by Sir Cyril Radcliff. Both states had
the right to make their own constitutions with a constituent assembly. They also had the
right to secede from the British Commonwealth. When the new constitutions were not in
force, the governments of these two states were governed by the provisions of the
Government of India Act, 1935. The British crown ceased to be the ruler of India.
Members of the Civil Service appointed before August 15, 1947, continued in service and
enjoyed all the benefits to which they were hitherto entitled.