Every independent country in the world has its constitution. A constitution acts as the fundamental legal framework that governs the country. It defines the powers and responsibilities of the citizens and ensures peace, order, and harmony in society. It also lays down the principle of separation of powers, thereby providing clarity and solutions to administrative confusion. Since the Constitution delineates the authority and limitations of various government organs, it prevents conflict and overlap among them.
The constitution serves as the foundational guideline for any nation. It reflects the civilizational values of a society and aligns with the local aspirations of its people. The constitutional law of a country is thus considered infallible and sovereign. Any law that contradicts the Constitution is deemed 'unconstitutional' and is rendered invalid. By defining the boundaries of power and responsibilities, the Constitution facilitates the smooth functioning of government institutions. Therefore, a constitution is both essential and inviolable for any truly independent and democratic nation.
What Is a Constitution?
A constitution is a formal document that establishes the ultimate authority of the state, defines the rights and duties of citizens, and determines the relationship between the government and the governed. Political theorist Harold Laski stated that “Constitutions are the laws that govern states.” It is the supreme law of the land and the primary political document of a nation. It serves as the blueprint for the functioning of the state and the administration of its citizens.
In any constitutional framework, the document outlines the socio-political, economic, and cultural foundations of the country. The Constitution of India, like others, includes provisions for fundamental rights and duties, as well as Directive Principles of State Policy, which guide the government in achieving social justice and welfare. Hence, the constitution is not just a legal text but a living expression of national ethos.
The Constitution in a Democratic Framework
In a democracy, the constitution is not static—it is a living document that protects citizens from autocracy and political overreach. Modern democratic constitutions establish the legal limits of power while imposing obligations on the government. They also create individual and collective rights within the framework of social justice. A constitution may be written or unwritten and is tailored to the administrative structure of the country it governs.
Historical Background of the Indian Constitution
India's constitution has a rich and semi-historical background. While constitutional principles were evident in ancient Greek and Roman states, the roots of India's constitutional journey are closely tied to British colonial rule. The evolution of the Indian Constitution can be traced back to the arrival of the East India Company, which governed parts of India under a series of charters and legislative acts granted by the British Crown.
The first significant charter was granted on December 31, 1600, by Queen Elizabeth I, which authorized the East India Company to legislate within its territories. Over time, various laws were enacted, giving more power to the Company. This laid the groundwork for constitutional governance in India. Below is a detailed chronology of constitutional developments in India from 1773 to 1947.
The Development of the Indian Constitution (1773-1947)
Regulating Act of 1773
The Regulating Act of 1773 marked a turning point in India's constitutional history. It was introduced in response to administrative inefficiencies and criticisms faced by the East India Company. As the British territories in India expanded, the need for administrative reforms became evident. The Act abolished the dual governance system established by Robert Clive and elevated the Governor of Bengal to the post of Governor-General. Warren Hastings became the first Governor-General of Bengal, with Madras and Bombay coming under his jurisdiction.
An Advisory Committee of four members was created to assist the Governor-General, and the Supreme Court was established in Calcutta. This Act laid the foundation for a centralized form of governance.
Pitt's India Act of 1784
To rectify the shortcomings of the 1773 Act, the British Parliament enacted Pitt's India Act in 1784. This act led to the formation of a six-member Board of Control to oversee the Company's political functions. The act also separated the Company's commercial and political affairs, marking the beginning of British political control over Indian territories. A secret committee of three directors was formed to handle sensitive matters related to India. The powers of the Governor-General's Advisory Committee were reduced to three members.
Charter Act of 1813
The 1813 Act renewed the Company's charter but declared British India as part of the British Crown. It lifted the ban on Christian missionaries, allowing them to establish schools and colleges. The Act also mandated the allocation of one lakh rupees annually for the promotion of education in India—marking the first government-sponsored support for education in the country.
Charter Act of 1833
This Act transformed the East India Company from a commercial enterprise into a purely administrative body. It revoked the legislative powers of the Governors of Bombay and Madras. The Act sought to introduce merit-based employment through competitive examinations. Although the rule allowing Indians to hold official positions was proposed, it was later rejected by the Court of Directors.
Thomas Macaulay, as the first Law Adviser, led the establishment of the Law Commission in India. The Governor-General of Bengal was re-designated as the Governor-General of India, a position first held by William Bentinck.
Charter Act of 1853
The 1853 Act is considered a cornerstone of India's constitutional development. It laid the foundation for a Central Legislative Assembly. Six new members were added to the Governor-General's Advisory Council, marking the beginning of India's modern parliamentary structure. For the first time, legislative and executive functions were separated. It also introduced competitive exams for civil services, enabling qualified Indians to hold high government posts.
The remuneration of officials, including the Secretary and Board of Control members, was fixed and paid from Indian revenues, signifying a shift towards organized financial governance.
Queen Victoria's Proclamation of 1858
Following the 1857 Sepoy Mutiny, the British Crown took direct control of India through the Government of India Act of 1858. The Board of Control was dissolved, and the Governor-General became the Viceroy of India. A 15-member council was established to assist the Secretary of State for Indian Affairs. Queen Victoria's proclamation assured Indian princes and subjects of fair governance, and Lord Canning was appointed as the first Viceroy.
Minto-Morley Reforms of 1909
The Indian Councils Act of 1909, also known as the Minto-Morley Reforms, introduced Indian representation in legislative councils. The number of members in the Central Legislature was raised from 16 to 60, and the Executive Committee was expanded to 69 members. This Act introduced the concept of elected non-official members. S.P. Sinha became the first Indian to be appointed to the Viceroy's Executive Council.
Government of India Act, 1919
Also called the Montagu-Chelmsford Reforms, this Act proposed the progressive transfer of administrative powers to Indian hands. Key reforms included the creation of a bicameral legislature at the center, with the Council of States (Upper House) and Legislative Assembly (Lower House). The Act divided subjects between the Central and Provincial governments, with Defense and Posts under the Centre and Land Revenue and Forests under the States.
This dual system of governance became the prototype for India's federal structure. The Act also introduced diarchy in the provinces, laying the groundwork for administrative autonomy.
Government of India Act, 1935
The 1935 Act is the most significant precursor to the Constitution of independent India. It introduced a threefold division of powers through the Union List, State List, and Concurrent List. Diarchy was abolished at the provincial level and introduced at the Centre. The Reserve Bank of India was established to manage the country's financial system, and the first Federal Court was set up in Delhi.
This Act was a major step toward responsible government and inspired many provisions in the post-independence Constitution.
Indian Independence Act, 1947
With the end of World War II, an interim government led by Pandit Nehru was established in September 1946. The Indian Independence Act of 1947 formalized the partition of India and Pakistan as two sovereign nations. The Act marked the end of British rule and granted India the status of an independent and sovereign republic on August 15, 1947. Provincial Governors and the Governor-General became constitutional heads under Indian authority.
A Constituent Assembly was established to draft the Constitution of India, marking the final phase in the nation's constitutional evolution.