Journey of Indian Constitutional System: An Introduction

State, being a part of society, regulates individuals through the tool called government. However, the government functions in according to the Constitution of the State.

In a strict sense, the world did not have a constitution prior to America’s Constitution. But since then, there has been a tremendous advancement in the Constitutional systems. India got Independence on 15^th August 1947 and the Indian Constitution Came into effect on 26^th January 1950. But that does not mean that India was not regulated without a constitution. Though the country was in control of the British Authority, it was governed by a fixed mechanism.

Indian Constitutional System has a long journey, its origin is way back in 18^th century and it is developing day by day, that we are going to discuss in a series of articles.

Let’s see the meaning and need of Constitution first:

Meaning and Definition:

 Constitution simply means the supreme document which governs the country.

Charles Borgeaud, a noted Swiss authority, explains Constitution as

“A constitution is a fundamental law according to which the government of a state is organized and agreeably to which the relations of individuals or moral persons to the community are determined. It may be a written I instrument, a precise text or series of texts enacted at a given time by a sovereign power; or it may be more or less definite result of a series of legislative acts, ordinances, judicial decisions, precedents, and customs of diverse origin and of unequal value and importance.”

Need of a Constitution:

As stated earlier, the world was unaware of the idea of a necessary and fundamental document i.e. Constitution. Since the advent of the nineteenth century, the every State endeavored for a Constitution based on the approval of its people. The main rationales behind a constitutional system are:

1. To have a restraint on the powers of government,
2. To compel the government to work in favor of the individuals;
3. To set a restriction on irregularities of present and future generations.

To sum up the necessity of a Constitution, one cannot deny with Schulze who said:

“Every community entitled to the name of state must have a constitution, i.e., the collection of norms by which the legal relations between the government and its subjects are determined and in accordance with which the power of the state is exercised, A state without a constitution is unthinkable.”

~The Background~

The step towards Indian Constitutional System started with the incorporation of East India Company in 1600. Though the Company enjoyed only commercial character in early days, however, it changed gradually and within a century it took control over the system.

The downfall of Mughal Empire, increasing number of local rulers, the disintegration of states proved to be the main factor for the rise of Company’s Administration.

The foundation was set up by the win in the battle of Plassey in 1757 against Siraj-ud-Doula (the Nawab of Bengal).

The administration started in 1765 with the transfer of Diwani of Bihar. Bengal and Orissa to Company and continued till 1858 when the British Parliament took direct control from the company.

The development of Indian Constitutional System can be divided as follows :

1. Pre-Independence Constitutional System

    Company Rule:

   1. Regulating Act, 1773
   2. Pitt’s India Act, 1784
   3. Charter Act, 1793
   4. Charter Act, 1813
   5. Charter Act, 1833
   6. Charter Act, 1853

   Crown Rule:

   1. Government Of India Act, 1858 (Queen’s Proclamation)
   2. India Councils Act, 1861 and 1892
   3. Indian Councils Act, 1909 (Morley-Minto Reforms)
   4. Government Of India Act, 1912 and 1915
   5. Government Of India Act, 1919 (Montague-Chelmsford Reports)
   6. Simon Commission
   7. Government Of India Act, 1935
   8. August Offer, 1940
   9. The Cripps Proposal, 1942 (Simla Proposal)
   10. Wavell Plan, 1945
   11. Cabinet Mission Plan, 1946
   12. Mountbatten Plan, Partition Of India
   13. The Indian Independence Act, 1947
   14. Objective Resolution
   15. Draft Constitution, Passing, and Commencement of Constitution

2. Post-Independence Constitutional Developments

 To be continued…..

 Sources:-

[i] “The Origin of Written Constitution”, Political Science Quarterly, Volume I, p. 613

[ii] “Deutsches Statsrecht”, Vol I, p. 19.