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The Constitutional Development of India
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What is THE CONSTITUTION –
The constitution of any country is the fundamental law of the country which reflects the fundamental principles on which the government of the country is based. The constitution of any country lays down the framework and principal functions of various organs of their Government, as well as the modalities of interaction between the Government and its Citizens.
Almost all democratic countries possess a written constitution (With the exception of the United Kingdom). As per other democratic countries India also possesses an elaborate written constitution. Which was enacted by the Constituent Assembly. Which was specifically set up for this purpose only.
In addition, the historical background also influenced the nature of the Indian Constitution. It shall therefore be desirable to make a brief survey of the constitutional developments which took place during the British rule.
Constitutional Developments of India
Secured a Charter from Queen of the United Kingdom –
Before we explore the Constitutional Developments of India we have to learn about the historical aspect of the situation. As we already aware that The Britishers came to India in the 1600 century as traders and formed a company named East India Company to stay in Indian. For that purpose they secured a Charter from Queen of the UK (Queen Elizabeth) for authorizing a Company to organize and send trading expeditions towards the East Indies. The Charter was initially granted for a period of 15 years but If the interests of the Crown or the people were affected the charter could be terminated earlier on two year’s notice but on the other side If the interests of the Crown and the people were not affected the Charter could be renewed.
The Company was officially authorized to –
The Company had renewed their charter and obtained extensions of their lease in the year 1609 and in the year 1661. According to the charter the Company was officially authorized to set up the following works –
01) obtaining land and other concessions from local rulers.
02) set up factories or trading centres at several places.
03) powers to make laws, constitutions, orders and ordinances for the better governance of the Company.
The Company took full advantage of the chaotic conditions –
The East Indian Company continued to be primarily a trading concern till the second half of the 18th century. After a long stay in India the company well aware the conditions and situation of the country that was the main reason the Company took full advantage of the chaotic conditions after the disintegration of the Mughal Empire and established itself as the unrivaled master of the subcontinent.
How did the Company get the territorial sovereignty of the country ? –
The main factor to get the territorial sovereignty and establish the firm grounds for the British company in India was the victory of the Company in the battle of Plassey in 1757. In this way the company’s intentions were raised and in the year 1765 the company acquired Diwani of Bengal, Bihar and Orissa from Shah Alam and gained the right to collect revenue and administer civil justice. This marked the beginning of the territorial sovereignty of the Company.
Number of charters and acts passed by the British Crown –
It is not that the British Crown did not take any steps to restrict the work of the company. The British Crown passed a number of charters and acts to regulate the conduct of the Company. Some of the notable enactments made by the Crown are as – The Regulating Act of 1773, The Amending Act of 1781, Pitt’s India Act of 1784, The Act of 1786, and The Charter Acts of 1793, 1813, 1833, and 1853 etc.
Various concessions were made to local people through these acts, resolutions and enactments made by the British Crown, but the Indian people remained dissatisfied. The Indian leadership insisted that India’s political destiny should be determined by the Indians themselves.
Demand of Indian National Congress –
Firstly in 1935 the Swaraj Party suggested the formation of a Constituent Assembly and in 1935 itself the Indian National Congress made a demand that the Indian should have the right to frame their own constitution without any outside interference and In 1938 Pt. Jawaharlal Nehru demanded a Constituent Assembly elected on the basis of adult franchise. This demand did not find favour of the British Government and continued oppose this demand till the outbreak of the Second World War. Compelled by practical constraints the British Government for the first time in 1940 accepted that the Indians should themselves frame a new constitution for autonomous India.
Proposal to establish the Constituent Assembly –
In 1942, the British Crown sent a mission to India known as the “Cripps Mission” headed by Sir Stafford Cripps. The Cripps Mission was sent to India during World War – II with the aim of securing the cooperation of Indians and also brought a declaration that was adopted by the British Crown at the end of the war. But the proposals presented were not acceptable to the two major political parties of the Indians (Congress and Muslim League). Mahatma Gandhi had given the name of this proposal as “outdated cheque”. The CR Formula in 1944 and the Wavell Plan in 1945 were formulated in an attempt to resolve the constitutional complexities in India, but they proved futile. Some success in this regard was achieved under the Cabinet Mission Plan of 1946. In which the establishment of a Constituent Assembly was suggested to prepare the future constitution of the country.
Provisions to safe transfer of power –
According the cabinet mission plan a Provisional Government consisting of representatives of the main political parties was to be set up at the centre till the constitution was in force. But In the meantime in July 1947 the British Parliament passed the Indian Independence Act, 1947 which made provisions to safe transfer of power on 15 August 1947 from the British Government to the safe Indian political hands.
Special session of the Constituent Assembly held –
The Indian Independence Act 1947 envisaged the establishment of two dominion states named as India and Pakistan from the British colonial territory. The legislatures of these two dominions had the right to pass any law without interference from each other. A special session of the Constituent Assembly was held on the midnight of 14–15 August 1947 to give effect to the formal transfer of power and following the transfer of power into Indian hands. The Constituent Assembly assumed the responsibility of performing two functions.
01) to make the constitution,
02) to work as a law-making body until the constitution is made.
The first Parliament of India –
After the long journey & struggle for Independence finally the Constituent Assembly became the first Parliament of India and continued to work in that capacity till 1952 when the General Elections for the first parliament of India had been completed.