Evolution of Indian Constitution Before 1857

Evolution of Indian Constitution Before 1857

Our Constitution

Our present constitution—the first Constitution of India framed and given to themselves by the people of India—was adopted by the Constituent Assembly on 26 November 1949. It came into full operation with effect from 26 January 1950.

The Constitution, as originally adopted, had 22 parts, 395 articles, and 8 schedules. Its present text is as amended from time to time.

Although the systems of ancient India do have their reflections in the Constitution of India, the direct sources of the Constitution lie in the administrative and legislative developments of the British period.

A concise and chronological description of the Acts, documents, and events that culminated in the framing of the world's largest written Constitution is given here.

Administrative & Legislative Reforms Before 1857

Regulating Act of 1773

• This Act was based on the report of a committee headed by the British Prime Minister Lord North.

• The governance of the East India Company was put under British parliamentary control.

• The Governor of Bengal was nominated as Governor General for all three Presidencies of Calcutta, Bombay, and Madras. Warren Hastings was the first such Governor General (under this Act).

• A Supreme Court was established in Calcutta (now Kolkata) in 1774. Sir Elizah Impe was the first Chief Justice. The other 3 Judges were—

1. Chambers

2. Limenster

3. Hyde.

• Governor General was empowered to make rules, regulations, and ordinances with the consent of the Supreme Court.

Pitt's India Act of 1784

• It was enacted to improve upon the provisions of the Regulating Act of 1773 to bring about better discipline in the Company's system of administration.

• A 6-member Board of Controllers was set up, which was headed by a minister of the British Government. All political responsibilities were given to this board.

• Trade and commerce-related issues were under the purview of the Court of Directors of the company.

• Provinces had to follow the instructions of the Central Government, and the Governor General was empowered to dismiss the failing provincial government.

Charter Act of 1793

• The main provisions of the previous Acts were consolidated in this Act.

• Provided for the payment of salaries of the members of the Board of Controllers from Indian revenue.

• Courts were given the power to interpret rules and regulations.

Charter Act of 1813

• The trade monopoly of the East India Company came to an end.

• Powers of the three Councils of Madras, Bombay, and Calcutta were enlarged, and they were also subjected to greater control of the British Parliament.

• The Christian Missionaries were allowed to spread their religion in India.

• Local autonomous bodies were empowered to levy taxes.

Charter Act of 1833

• The Charter Act 1833, which was enacted by the British Parliament, provided for the establishment of a Law Commission for the consolidation and codification of Indian Laws.

• In 1835, Lord Macaulay was appointed as Chairman of the First Law Commission. Sir James Stephen was appointed as a Law Member in place of Lord Macaulay.

• The slavery system in India was declared illegal through the Charter Act and was abolished in 1843.

• The Governor General and his Council were given vast powers. This Council could legislate for the whole of India, subject to the approval of the Board of Controllers.

• The Council got full powers regarding revenue, and a single budget for the country was prepared by the Governor General.

• The East India Company was reduced to an administrative and political entity, and several Lords and Ministers were nominated as ex officio members of the Board of Controllers.

• For the first time, the Governor-General's Government was known as the 'Government of India' and his Council as the 'Indian Council'.

Charter Act of 1853

• This was the last of the Charter Acts, and it made important changes in the system of Indian legislation.

• This Act followed a report of the then Governor General, Dalhousie, for improving the administration of the company.

• A separate Governor for Bengal was to be appointed.

• Legislative and administrative functions of the Council were separately identified.

• Recruitment of the Company's employees was to be done through competitive exams. 

• The British Parliament was empowered to put the Company’s governance of India to an end at any suitable time.

Final Thoughts

The administrative and legislative reforms before 1857 formed the foundation of India’s constitutional journey. Beginning with the Regulating Act of 1773, British parliamentary control over the East India Company was firmly established, marking a decisive shift in governance. The Pitt’s India Act of 1784 created a dual system of oversight, with political matters under the Crown and commercial matters under the company.

The Charter Acts of 1793, 1813, 1833, and 1853 brought significant changes. The Charter Act of 1813 ended the Company’s trade monopoly, while the Charter Act of 1833 centralized authority, introduced a Law Commission, and declared slavery illegal. The Charter Act of 1853 separated legislative and administrative functions, introduced competitive civil services, and hinted at the eventual end of Company rule.

Though not democratic, these reforms expanded legislative participation and introduced representation, becoming the stepping stones toward the evolution of the constitution after 1857, which further shaped India’s constitutional journey.