Historical Background of the Constitution of India ( First Phase i.e. Arrival of Britishers in India)

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               Historical Background of the Constitution of India

To do the proper study of the Constitution of any Country, it is very important to have a brief to the Historical Process which led the Constitution of that country to its present form.

So far as the Constitutional History of India is concerned, we need not to go to any period beyond what is known as the “British Period” because all the modern political institutions had originated and developed during the British Period.

So for the proper study of the British Period, we can broadly divide the period into 5 phases i.e.:

1.      1600-1765.

2.      1765-1858.

3.      1858-1919.

4.      1919-1947.

5.      1947-1950.

First Phase: 1. 1600 to 1765:  The Coming of the British:

The Britishers came to India in the year 1600 as traders in the form of The East India Company.

To facilities such a venture in India some of the merchants of London formed themselves into a company.

The Company secured for it a charter from Queen Elizabeth in December, 1600.

This Charter settled its constitutions, powers and privileges.

This Charter vested the management of the company in the hands of a Governor and 24 members.

The Charter also granted the company a monopoly of trade with the East.

It had authority to keep an armed naval force for its security.

This Charter was granted in the first instance for 15 years and was terminable on 2 years notice.

This Charter could be renewed if the interest of the Crown and the people were not affected prejudicially.

Thereafter the East India Company started establishing its trading centre/factories at several places in India.  

The First Settlement of the Company was at Surat in the year 1612 which was established through the Royal “Farman” from the Emperor Jahangir.

This Royal ‘Farman’ had also granted land and other concessions to the East India Company.

With the passage of time the factories at Bombay, Madras and Calcutta became the presidencies of the East India Company.

The administration of these presidencies was carried on by the President and a Council composed of the employees of the company.

What was the Legislative Power Under the Charter of 1601?.

The Charter of 1601 granted to the Governor and the company power to make reasonable laws for the good governance of the company.

In this charter, the legislative power of the company was very limited in scope.

The laws made by the East India Company were not to be contrary to the laws, statutes or customs of England.

It is very important to note here that in the charter of 1601, no power to legislate for territory had been given to the company because the company was purely a trading concern and not a political sovereign.

By the charter of 1609 and 1661 similar powers were affirmed in favour of the company.

But the charter of 1693 makes no mention of legislative powers.

What changes were made by the Charter of 1726 in the Legislative Powers?

Under the Charter of 1726, the legislative power was vested in the Court of Directors in England. But the problem was that they were not conversant with the conditions prevailing in India.

Therefore it was considered to vest law-making power in those who were acquainted with the Indian Conditions.

Accordingly, the Charter of 1726 authorized the Governor and council of three Presidencies to make bye-laws, rules and Ordinances for the good-governance of the company and to impose punishments for their contraventions.

But it had been provided in the Charter of 1726 that the bye-laws, rules, ordinances and punishments were to be reasonable and should not be contrary to the laws and statues of England and they were not to be effective unless and until approved and confirmed in writing by the Company’s Court of Directors.

The Charter of 1726 also established the Mayor’s Court at Calcutta, Bombay and Madras and expressly introduced English Laws into these Presidencies.

It is very important to note here that until the second-half of the 18^th Century, the Britishers had not become ruling power in India; it was still a trading concern in India.

But thereafter events of great importance took place in the interior of Bengal. It was a period of gradual disintegration of the Moghal Empire.

The last strong Emperor Aurangzeb of the Moghal Empire was dead and after his death there was great decline of controlling power of the Moghal Empire.

The East India Company took the advantage of this situation and they laid down the foundation of the British Empire in India after the victory of the company in the Battle of Plessey in 1757 against Sirajudddaulla, the Nawab of Bengal.

In 1765 Shah Alam granted the Diwani i.e. the responsibility of the collection of revenue to the company.

Hence we can say that the year 1765 made a turning point in the Anglo-Indian History and may be treated as commencing the period of territorial sovereignty by the East India Company.  

Now at this time the East India Company threw off the mask of traders and appeared in the true garb of the rulers.