Laws of Development of the Indian Constitution :
Government:
“A government is
a group of people or a group of people who make and enforce the rules,
regulations, and laws that the people living in a certain area need”.
v
Government
means there are 3 departments :
1) Legislative Structure: It
makes laws.
2) Executive Department: It
enforces the laws.
3) Judiciary: It looks after
the administration of justice.
Ø
The
historian 'BC Rawat' states that the long history of India from 1600 to 1947
can be studied in 6 stages.
First phase: (1600 - 1773)
·
By
1773 the East India Company had conquered 3 states in India. (Bengal (1698), Bombay ( 1668), Madras (1639). The
British government appointed a secret committee headed by General ‘Bergoin’ to uncover
corruption in the East India Company.
·
The
committee recommended that the East India Company regularize its activities in
India.
Second phase: (1773 - 1858)
1773 Regulating Act:
·
The
Act regulated the Government of East India in India, hence the name 'Regulating
Act 1773'.
·
Under
this Act, the British Government granted the East India Company permission to
do business in India for the first time for 20 years.
·
This
law is referred to as the “ First state law”.
·
Under
the Act, the states of Bombay and Madras were brought under the jurisdiction of
Bengal to centralize governance in India.
·
The
post of Governor of Bengal under this Act is acting as the 'Governor General of
Bengal'.
·
'Warren
Hastings' was appointed the first Governor General of Bengal.
·
He
was the first in India to introduce a system called 'Collector'.
·
Following
this law, the first Supreme Court was established in 1774 in Port William, Calcutta
in place of the Mayor's Court.
·
There
is one Chief Justice and 3 other judges in this Supreme Court.
·
The
Chief Justice of the Supreme Court is- Sir Elijah Impe.
· Three Other judges - Robert Chambers, Lemester, John Hire.
1774 Pitts India Act:
· Pitts The law was enacted and enforced by the Prime Minister of India Sir 'William Pitts Zoo' and hence the name 'Pitts India' Act.
· This Act was enacted to rectify the deficiencies in the Regulating Act 1773.
· According to this Act the administrative matters in India are divided into 2 types.
1) Political Affairs : Board of Control for their control.
2) Business Affairs : A Court of Direct has been set up to manage these matters.
· The Act was the first in India to introduce a ‘Dual government system’ during the rule of East India.
· The law is said to be the first step towards extra-parliamentary control.
· "Marx & Angles" described the law as being made to share the money looted in India.
1793 Charter Act :
· By this Act the business of the company was extended for another 20 years.
· Charter means’ Agreement or Contract’.
· For the first time in India, municipalities have been legalized under this Act.
Charter Act of 1813 :
· Abolishes East India monopoly on trade in India and gives British citizens the freedom to do business.
· One lack rupees has been earmarked for educational attainment under this Act.
· This law was the first to invite the arrival of ‘Christian Missionaries’.
Charter Act of 1833 :
· The rule of the company was extended for another 20 years.
· This law was one of the most important laws enacted during the rule of the British Government East India Company.
· The Act abolished the post of Governor of Bengal and replaced the post of” Governor-General of India”.
Note: The first Governor General of India was ‘William Benting’
· For the first time, Indians were offered jobs in the East India Company under this Act.
· The law states that the governor-general must appoint a legal member to the council.
Note: First Law Member in India - Lord Mechaley.
· The Act seeks to set up a Judicial Commission to codify legal laws in India.
Note: First Chairman of the Law Commission - Lord Mechaley.
Charter
Act of 1853:
·
Under the Act, the British government did not
give the East India Company a fixed term of 20 years.
·
For the first time in India, Indians were given
the opportunity to legislate under this law. However, the final decision rests
with the Governor-General.
·
The law divides the powers of the
Governor-General's Council into two types.
·
Legislative Structure Functions: The Legislature
for the design of these.
·
Executive functions: A 'Executive Board' has
been set up to manage these.
·
For the first time in India, a 'competitive
examination system' was introduced in the Civil Services (Indians) under this
Act.
·
For this purpose Lord Macaulay set up a
committee in 1854.
·
The Law Commission has commissioned
commissioners to make legal laws and enact the following laws.
1) Civil Procedure Code-1859
2) Indian Penal Code (IPC) - 1860
3) Criminal Procedure Code-186
Phase
III: (1858-1909)
Government
of India Act, 1858:
·
In 1857, the British government dissolved the
East India Company government in India with the intention that the East India
Company would not properly suppress the Sepoy revolt.
·
Note: V.D. Savarkar described the 1857 Sepoy
uprising as the 'First War of Independence'.
·
Under this Act the direct rule of the British
Queen in India began.
·
The Act abolished the office of Governor-General
of India and replaced him with the post of British Viceroy and Governor-General
of India.
·
Note: First British Viceroy and Governor-General
– ‘Lord Canning’.
·
The Viceroy was the first direct representative
of the British Queen in the country.
·
The Act governs the administration of India by
establishing the office of 'Secretary of State for India' or Minister of Indian
Affairs'.
·
The post has the status of 'Cabinet Minister' in
the British Parliament.
·
A 15-member 'Indian Council' was set up to
assist the Minister of External Affairs in governance.
·
Note: The first Indian Minister of External
Affairs was "Sir Charles Wood".
·
Under this Act, the Minister of Indian Affairs
is governed by the British Viceroy and is responsible for the British
Parliament.
·
The British Parliament is ultimately accountable
to the Queen of Britain '
·
Order of the Government of India under the
Government of India Act, 1858.
British
Viceroy & Governor General
·
By this act the British Queen received the title
of "Empire of India".
1861
Council of India Act:
·
For the first time in India, legislatures have
been introduced in the states under this Act.
·
For the first time in the country, a 'portfolio'
policy (allocation of governance matters) was introduced under this Act.
·
This act was first established in India in 1862
in the 'Portfolio' of Calcutta.
·
Note: The Bombay, Madras and High Courts were
formed in 1862 along with the Calcutta High Court. The 'Allahabad' High Court
was established in 1866 after these 3 High Courts.
1892
Council of India Act:
·
This Act was the first electoral system in
India.
·
The Act was the first of its kind in India to
allow the Union Legislative Council to discuss the budget.
·
Note: The word "budget" is not
mentioned in the Constitution of India.
·
The Rule 112 states "Annual Income -
Expenditure Table".
·
There are 2 types of budget in India.
1) General budget
2) Affiliate budget
·
The Railway Budget was separated from the
General Budget in 1921 on the recommendation of the 'Acquart' Committee.
·
The law increased the number of members of the
Governor-General's Legislative Council from 10 to 16.
·
The first Indian to be elected to the British
Parliament -“ Dadabhai Naoroji “.