Constitutional History and Making of the Constitution

British Rule: East India Company Era and Early Regulating Acts

The Basics

The British came to India in 1608 as traders. In 1600, Queen Elizabeth the First had granted the East India Company exclusive trading rights. In 1765, the Company gained the diwani, meaning rights over revenue and civil justice, in Bengal, Bihar and Orissa. This turned a trading company into a territorial ruler. The British Parliament soon felt the need to control its growing power. This period, from 1773 to 1858, is called the Company Rule. A series of Acts during this period slowly built the framework of central government in India.

Crown Rule: Government of India Acts 1858–1935

The Basics

After the Revolt of 1857, the British Crown took direct charge of India. A series of Acts passed by the British Parliament between 1858 and 1935 expanded Indian participation step by step, while keeping real power with London and the Viceroy.

Simon Commission, Round Table Conferences and the Communal Award

The Basics

The story begins in 1927, when the British government appointed a commission, two years ahead of schedule, to review how Indian government was working under the 1919 Act and suggest further reforms.

Doctrine of Lapse and Subsidiary Alliance

The Basics

The Doctrine of Lapse and the Subsidiary Alliance were two British policies used to annex Indian territory. Neither needed any Act of the British Parliament.

Indian Independence Act 1947 and Interim Government

The Basics

The Indian Independence Act 1947 is the British law that ended colonial rule and legally created two independent countries, India and Pakistan, from August 15, 1947.

Constituent Assembly: Demand, Formation and Composition

The Basics

The Constituent Assembly was the body that wrote the Constitution of India. It was a partly elected, partly nominated body. It was formed to frame a Constitution for independent India without outside interference.

Constituent Assembly: Working and Committees

The Basics

The Constituent Assembly first met on 9 December 1946. The Muslim League boycotted this meeting, so only 207 members attended. Since no permanent Chairman had yet been chosen, the Assembly needed someone to preside temporarily.

Objectives Resolution and Guiding Principles

Note coming soon.

Drafting Committee and Enactment of the Constitution

The Basics

The Drafting Committee was the most important of all the Constituent Assembly's committees. It was set up on August 29, 1947, with the specific task of preparing a draft of the new Constitution out of the recommendations of the Assembly's many other committees.

Enforcement and Commencement Provisions of the Constitution

The Basics

The Constitution was not switched on all at once. A small set of provisions started working on 26 November 1949, the day of adoption. The bulk of the Constitution started working later, on 26 January 1950. The Constitution itself contains the Articles that fix these dates, name the document, and repeal earlier laws.

Sources and Borrowed Features of the Indian Constitution

Note coming soon.

Criticism of the Constitution-Making Process

Note coming soon.