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Well said by one of the greatest constitutional experts, Ivor Jennings that “all Constitutions are the heirs of the past as well as the testators of the future.” The very fact that the Constitution of India is not the product of any political revolution but a product of research and deliberation as well as long years of struggle for freedom waged by the Indians against a colonial power in order to fashion a system of the government that would not only mark an improvement over the existing state of affairs, but also seek to fulfil the needs and aspirations of the people of India.
How did the Constitution makers re-modelled a system of government over the existing system through endless deliberations in a representative constituent Assembly certainly makes the study of historical process of our constitution making indeed indispensable so as to completely understand the very evolution of our constitution in its present form. The only difference however in the present days’ Constitution as against the constitutional documents introduced in India by the colonial power has been that the present Constitution is the handiwork of Indian people and is thus very much Indian addressing their concerns and those cherished aspirations whereas, the constitutional documents of those 200 years were thrusted upon Indians by a colonial power to perpetuate its own rule over the teeming millions of this country. But still we learnt a lot at least, in the art of self governance from all those piecemeal constitutional experiments that the colonial masters introduced in this country. How and what we had learnt from this all, makes a recourse to the constitutional development of India worthwhile…
The Act passed by the British parliament, sought to control and regulates the affairs of the British East India Company both in England and India.
A number of defects in the Act led to many complications. Among these defects were:
The Act was meant to improve the administration of justice in India.
The Act set up dual government for the control of India’s Parliamentary control was exercised through the Board of Control and the Company’s control was exercised through the Court of Directors. The Act increased parliamentary control over Indian affairs. It worked towards unification of British authority in India by subordinating the Bombay and Madras Presidencies to the Bengalpresidency. It also strengthened the Governor-General’s position in his Council.
By this act, the company Charter was renewed for 20 years and the powers of the Governor-General over Bombay and Madras Presidencies were extended.
Wellesley’s long war had created financial difficulties for the Company. The Committee of the House of Commons, which was appointed in 1808 to probe into Indian affairs, presented its fifth report in 1812 with various recommendations. Napoleon’s Continental System had closed European ports for English merchants. English merchants therefore demanded opening of Indian trade for all Englishmen.
Imperial interests were demanding administrative consolidation in India. The Whig party, committed to policy of reforms, had assumed office in England. Various parliamentary committees, appointed to report on Indian affairs, had recommended major changes.
It was an important step towards legislative and executive centralization of British administration in India. It was another step towards liquidation of the Company’s position in India. The throwing open of public services to Indians and the appointment of an Indian Law Commission led to far-reaching consequences.
A demand was made in England for ending dual government in managing the Company’s affairs at home. The Madras and Bombay Governments demanded representation in the Central legislative body. Indians demanded the separation of executive and legislative functions. Inquiries into the working of the Indian administration called for some changes.
The Company received the final notice to be ready to quit. Parliament’s control over the Indian administration increased. A Legislative Council with local representation commenced.
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