Every independent country in the world will have its own constitution. The Constitution has its control over the citizens. It also establishes peace and security in the society. Ensures the responsibilities of every citizen. The same constitution lays down the separation of powers. To provide solutions to administrative confusion. Since the Constitution defines the powers and scope of various organs, there is no room for conflicts between the organs

Constitution is the guideline of any nation. For the same reason, a constitution is essential for any nation with a civilized society. The aspirations of the citizens are shaped according to the respective local conditions. Thus constitutional law is infallible as the body of laws of the respective nation. Any rule or law which is against the constitution is termed as 'unconstitutional'. We can mean that it is against the law. The The Constitution precisely identifies the separation of powers. It helps in the smooth functioning of government machinery. Thus, a constitution is indispensable for an all-independent nation and is infallible.

A constitution is a document that defines the overall authority of the government, the rights and duties of the citizens, and the relationship between the government and the citizens. According to constitutionalist McIver, 'Constitutions are the laws that govern states'. Constitution is the supreme law of a country and the basic political document of the country. A document that helps to form the basic system of government by which the citizens are to be governed can be called a constitution. In the constitution, the outlines for the welfare and social management of the citizens of the respective countries can be found. The Constitution contains the legal relations to be followed in carrying out the fundamental rights and duties of the citizens of the country. The Directive Principles of State Policy in the Constitution contain the description of governance. The overall constitution can be said to be based on the social, economic, political, and cultural temperament of that country.

In a democracy, the constitution is a living document against tenure and autocracy. Modern constitutions contain rules for the exercise of power and authority as well as limitations against abuse of power Imposes certain obligations: Creates individual rights of people within the framework of social, collective rights. The constitution may be in written form. May be in unwritten form. Constitutions are divided and adopted according to the administration of the respective country.

Historical background of Indian constitution

The Constitution has its own semi-historical background. Initially, constitutional governments existed in the Greek and Roman states. The origin of the same Indian constitution dates back to the British rule. British rule in India may begin with the arrival of the East India Company, the British ruled India for about three and a half centuries. ruled It began on December 31, 1600, with the Charter Act of the British Queen Elizabeth I. It empowered the East India Company to make laws. Besides, the charter acts which came from time to time - also gave various powers. This made the East India Company even stronger. The Regulating Act of 1773 was a significant milestone in the constitutional history of India. It allowed the establishment of constitutional authority over India. Another important development was the Quit India Act of 1784. This further strengthened the East India Company's power. The Charter Act of 1833 allowed laws and regulations to be enacted within the Company's jurisdiction.

Development of Constitution in India (1773-1947)

1773 Regulating Act

The Regulating Act is very important in the development of the Constitution of India. They faced the problems of the administrative system in India. There was a lot of criticism regarding the administration of the East India Company. As the empire expanded, there had to be changes in the administrative system. Apart from that, it was also necessary to respond to the demands of the Indians. For similar reasons, the Regulating Act was enacted in 1773. With the passage of this Act, the two-tier system of government implemented by Robert Clive was abolished. This Regulating Act brought into existence many provisions to regulate all the affairs of the East India Company. The post of Governor of Bengal was elevated. He was called as the Governor General of Bengal. This change made Warren Hastings the first Governor General of Bengal. Due to this Madras and Bombay provinces became their subjects. An Advisory Committee was set up to assist the Governor General. There were four members of this advisory committee. Further, a Supreme Court was established in Calcutta.

India Act of 1784

The British Parliament passed an Amendment Act in 1781 to correct the omissions of the Regulating Act 1773. The most important act that came into force later was the Pitts India Act of 1784. This Act allowed for the appointment of a Board of Control for the better administration of British territories. The East India Company established a Board of Control of six members. This established leverage over the management of the company. The Advisory Committee to the Governor General was limited to 3 members. This act separated the commercial and political functions of the company. A secret committee consisting of three directors was entrusted with the responsibility of transferring the mandate of the board to India. Madras and Bombay Presidencies were covered by the Governor as regards embassy, war, and revenue matters.

Charter Act of 1813

The agreement given by the British government to the East India Company to do business in India was frequently renewed. When the charter was renewed in 1813, new rules were formulated. Accordingly, the British Empire of India was declared to be subject to British dominion. Also, since the ban on the arrival of Christian preachers was lifted, it became easier for Christian preachers to establish schools and colleges. It directed that one lakh rupees should be spent annually on education in India.

Charter Act of 1833

The company was banned from doing business by this act. This allowed the company to exercise only political power. These Acts revoked the legislative powers of the Governors of Bombay and Madras Provinces. The East India The company became an administrative body in a way. It tried to implement a competitive examination system in order to provide opportunities for employment in government services according to the aptitude and merit of the individual. Importantly, Indians cannot be restricted to any post. It included the rule that the Court of Directors rejected this point. Thomas Macaulay became the first Law Adviser, under whose chairmanship the "Law Commission in India was established. Accordingly, the number of members was again increased to four. The governor-general of Bengal was announced as the governor-general of India.William Bentinck became the first Governor General of India.

The Charter Act of 1853

This is the most significant milestone in the history of the Indian constitution. succeeded. Because this act led to the creation of an effective legislature. Under this Act, the Legislative Assembly was established at the Centre. Six MLA members were added to the Governor General's Advisory Council. Today's Parliament became the foundation. Facilitated the system of selection and appointment of candidates for government service through competitive examinations. Due to this, Indians also got the opportunity to be appointed to higher civil services.

For the first time the legislative and executive powers of the Governor General's Council were separated from each other. The act also provided for the appointment of six new members to the committee called the Legislative Councillors. The act made it clear that the 'remuneration' of the members of the Board of Control, the Secretary , and other officers were to be determined by the British Government and to be paid out of the Indian revenues of the company.

1858 Queen Victoria Proclamation

The Sepoy Mutiny of 1857 gave way to the Government of India Act 1858. It also had the purpose of appeasing the Indians. After the 1857 First War of Independence of India, The administration was completely under British rule. The Board of Control was abolished. This Act (Proclamation) laid the foundation for good governance in India. A 15-member India Committee was set up to assist the Indian Affairs Secretary. The Governor General became the representative of national authority with the new title of 'Viceroy'. Queen Victoria assured the native rulers and Indian subjects of impartial administration by the British government through her proclamation. On her orders, Lord Canning was appointed as the first Viceroy of India.

Minto-Marley Reform Act of 1909

The Council Acts of 1861 and 1891, which had been passed earlier, had increased the powers of the legislature. Accordingly, elected municipal councils came into existence at the local level. The British government enacted the Act of 1909 to allow elected Indians in the Legislative Assemblies. As Lord Minto was the Viceroy of India and Marley was the Secretary of India, both of them implemented some of the reforms, hence the Act is known as the Minto-Marley Reforms.

1919 Government of India Act

It is also known as the Montego-Chamsford Act. The reforms were devised by Governor General of India James Ford and Secretary of Indian Affairs Montego. They are:

1935 Government of India Act

This act is considered the main basis for the constitution of independent India. This act is a major milestone in providing responsible government to Indians. This Act came into force and further division of power may be seen. Along with the central list and state list, a new sub-list called the Samavarti list was created. Power was further segregated. Another significant change was the abolition of the bi-government system in the provinces and bi-government system was implemented at the Center for the first time. The 'Reserve Bank of India' was established to control the financial responsibility of the nation. A Federal Court was established in Delhi for the first time. (The Reserve Bank of India was established on 1, April 1935)

Indian Independence Act of 1947

In September 1946, the same year that World War II ended, an interim government was established under the leadership of Pandit Nehru. India was partitioned into two independent countries, India and Pakistan. Both were granted the right to secede from the British Commonwealth. British rule in India was ended. On August 15, 1947, India was declared an independent sovereign nation. On August 15, 1947, Mangal was sung for sovereignty over the Hairy States of India.

The Governor General and Provincial Governors of India were appointed as the constitutional heads of the states. British Prime Minister Clement Attlee had announced that power had been handed over to India. At the time of India's independence, an assembly was formed to frame the Constitution of India.