The British came to India in 1600 as traders, in the form of East India Company, which had the exclusive right of trading in India under a charter granted by Queen Elizabeth I. In 1765, the Company, which till now had purely trading functions obtained the ‘diwani’ (i.e., rights over revenue and civil
justice) of Bengal, Bihar and Orissa. This started its career as a territorial power. In 1858, in the wake of the ‘sepoy mutiny’, the British Crown assumed direct responsibility for the governance of India. This rule continued until India was granted independence on August 15, 1947.
With Independence came the need for a Constitution. Hence, a Constituent Assembly was formed for this purpose in 1946 and on January 26, 1950, the Constitution came into being. However, various features of the Indian Constitution and polity have their roots in the British rule. There were certain events in the British rule that laid down the legal framework for the organisation and functioning of government and administration in British India. These events have greatly influenced our constitution and polity. They are explained here in a chronological order under two major headings:
1. The Company Rule (1773 – 1858)
2. The Crown Rule (1858 – 1947)
THE COMPANY RULE (1773–1858)
Regulating Act of 1773
This act was of great constitutional importance as
(a) it was the first step taken by the British Government to control and regulate
the affairs of the East India Company in India; (b) it recognised,
for the first time, the political and administrative functions of the
Company; and (c) it laid the foundations of central administration
in India.
The features of this Act were as follows:
1. It designated the Governor of Bengal as the ‘Governor-
General of Bengal’ and created an Executive Council of four
members to assist him. The first such GovernorGeneral was
Lord Warren Hastings.
2. It made the governors of Bombay and Madras presidencies
subordinate to the governor-general of Bengal, unlike earlier,
when the three presidencies were independent of one
another.
3. It provided for the establishment of a Supreme Court at
Calcutta (1774) comprising one chief justice and three other
judges.
4. It prohibited the servants of the Company from engaging in
any private trade or accepting presents or bribes from the
‘natives’.
5. It strengthened the control of the British Government over
the Company by requiring the Court of Directors (governing
body of the Company) to report on its revenue, civil, and
military affairs in India.
Amending Act of 1781
In a bid to rectify the defects of the Regulating Act of 1773, the
British Parliament passed the Amending Act of 1781, also known
as the Act of Settlement.
The features of this Act were as follows: