Historical Background of the Indian Constitution
The roots of the Indian Constitution and its governance structure lie significantly in the British colonial rule. Over nearly two centuries, the British introduced various legal and administrative frameworks that laid the foundation for modern India’s political system. These developments are crucial for understanding the evolution of constitutional governance in India.
Arrival of the British and the East India Company
- The British came to India in 1608 as traders through the East India Company, which was granted exclusive trading rights in India under a charter issued by Queen Elizabeth I in 1600.
- The Company’s role remained commercial until 1765, when it obtained the ‘Diwani’ (revenue and civil justice rights) of Bengal, Bihar, and Orissa from the Mughal Emperor Shah Alam after its victory in the Battle of Buxar (1764). This marked the beginning of its transformation into a territorial power.
Establishment of British Crown Rule
- The Revolt of 1857 (also known as the Sepoy Mutiny) marked a turning point. In 1858, the British Crown assumed direct control over India, ending the rule of the East India Company.
- This Crown Rule continued until August 15, 1947, when India attained Independence.
Constitutional Developments Post-Independence
- With independence came the need for a formal Constitution. A Constituent Assembly was formed in 1946.
- The Indian Constitution came into force on January 26, 1950.
- However, several features of the Indian Constitution and polity—such as the citizenship framework, fundamental rights, directive principles, fundamental duties, constitutional amendment procedures, and the basic structure doctrine—have origins in the British legal and administrative legacy.
