Historical Background



  • The British came to India in 1600 as Traders in the form of East India Company
  • They had exclusive right of trading in India under a charter granted by queen Elizabeth -1.
  • In 1765 company obtained the ' Diwani ' (i.e. rights over revenue and civil justice ) of Bengal,Bihar & Orissa.
  • In 1858 in the wake of the " Sepoy mutiny " the British Crown assumed direct responsibility for the governance of India.
  • With Independence came the need of a constitution.. As suggested by M N Roy ( a pioneer of communist movement in India ) in 1934, a constituent Assembly was formed for the purpose in 1946 and on January 26,1950, the Constitution came into being.

The company Rule (1773-1858)

Regulating Act of 1773

This Act is of great constitutional importance as :

  • It was the first step taken by the British Government to control and regulate the affairs of the East India Company in India.
  • It recognised, for the first time the political and administrative functions of the company
  • It laid the foundations of central administration in India.

Feature of the Act :

  1. It designated the Governor of Bengal as the ' Governor-General of Bengal ' and created 4 member Executive council. (First Governor-General was Lord Warren Hastings)
  2. It made governors of Bombay & Madras presidencies subordinate to the governor-general of Bengal.
  3. Establishment of a Supreme Court at Calcutta (1774) comprising one cheif justice and three other judges.
  4. It prohibited the servants of the company from engaging in any private trade or accepting presents or bribes from natives
  5. It stregthened the control of the British Goverment over the company by requiring the Court of Directors (governing body of EIC ) to report on its revenue,civil & military affairs in India.



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