Laws of Development of the Indian Constitution

 


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 Queen

British Parliament

Minister of Indian Affairs

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 “.


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