1.Constitutional Development till 1857 AD

Lesson 1/75 | Study Time: 20 Min
Course: Indian Polity
1.Constitutional Development till 1857 AD

Part 1

Manu (laws compiled during 200 B.C. to 200 A.D.):- Manu's major work, the 'Manusmriti' relates to the traditions of ancient India. He contributed many ideas in the field of polity. He offered the theory of the divine origin. 

He considered the art of diplomacy important for the king in which sama, dana, bheda and danda play a crucial role.


Kautilya, The Arthashastra is an Ancient Indian Sanskrit treatise on statecraft, political science, economic policy and military strategy. Kautilya, also identified as Vishnugupta and Chanakya, is traditionally credited as the author of the text.

The text is likely to be the work of several authors over centuries. Composed, expanded and redacted between the 2nd century BCE and 3rd century CE, the Arthashastra was influential until the 12th century, when it disappeared. It was rediscovered in 1905 by R. Shamasastry, who published it in 1909.


Aristotle ,The antecedents of Western politics can be traced back to the Socratic political philosophers, such as Aristotle ("The Father of Political Science") (384–322 BC). Aristotle was one of the first people to give a working definition of political science.


The Constitution of San Marino 

It dates all the way back to 1600 AD and has been in continuous use since then, It holds the distinction of being one of the oldest written constitutions still in use today.

However, the country’s Constitution is uncodified, which means that not all of its elements are law (this is why the United States’ Constitution is often cited as the oldest).

San Marino’s current legal system is still based on this 1600 Constitution, so it counts as the world’s oldest existing constitution.


World's longest written constitution had 395 articles in 22 parts and 8 schedules at the time of commencement. Now the constitution has a preamble and 470 articles, which are grouped into 25 parts. With 12 schedules and five appendices, it has been amended 106 times as of September 2023. 

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1 Constitutional Development till 1857 AD


The British came to India in 1600 as traders, in the form of the East India Company, which had the exclusive right of trading in India under a charter granted by Queen Elizabeth I. In 1765, the Company, which till now had purely trading functions obtained the 'diwani' (i.e., rights over revenue and civil justice) of Bengal, Bihar and Orissa. This started its career as a territorial power. 

In 1858, in the wake of the 'sepoy mutiny', the British Crown assumed direct responsibility for the governance of India. This rule continued until India was granted independence on August 15, 1947.

With Independence came the need for a Constitution. As suggested by M N Roy (a pioneer of communist movement in India and an advocate of Radical Democratism) in 1934, a Constituent Assembly was formed for this purpose in 1946 and on January 26, 1950, the Constitution came into being. However, various features of the Indian Constitution and polity have their roots in British rule. 



1.1 Regulating Act 1773


  1. Supreme Court setup at Calcutta.

  2. It designated the Governor of Bengal as the Governor-General of Bengal.

  3. The First Governor-General of Bengal was Lord Warren Hastings.


  4. It subordinated the Governors of Bombay and Madras to the Governor-General of Bengal.

  5. The Supreme Court was established at Fort William (Calcutta) as the Apex Court in 1774.



1.2 Pitt's India Act of 1784


Establishment of Board of Control to guide and supervise the affairs of the company in India

  1. It was introduced to remove the drawbacks of the Regulating Act.

  2. Was named after the then British Prime Minister.

  3. Placed the Indian affairs under the direct control of the British Government.

  4. Established a Board of Control over the Court of Directors.


1.3 Charter Act of 1833


Company's monopoly of trade with India was completely abolished. Created the post of Governor General of India. Constitution of a law commission.  

  1. It made the Governor General of Bengal as the Governor General of India.

  2. First Governor General of India was Lord William Bentick.

  3. All civil and military powers were vested in him.

  4. Governments of Bombay and Madras were deprived of their legislative powers.

  5. This was the final step towards centralisation in British India.

  6. The act ended the activities of the East India Company as the commercial body.



1.4 Charter Act of 1853


  1. Open annual competitive examination for civil services (Macaulay Commission to work out the details) 

  2. Legislative and Executive Councils separated.  

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Class Sessions

1- 1.Constitutional Development till 1857 AD 2- Previous Question 3- 2 Constitutional Development from 1858 AD 4- Previous Questions 5- 3 Difference between a Federation and a Confederation 6- Previous Questions 7- 4 Salient Features of the Constitution 8- Previous Questions 9- 5 Independent Bodies 10- Previous Questions 11- 6 Article and Part of Indian Constitution 12- Previous Questions 13- 7 Preamble of the Constitution 14- Previous Questions 15- 8 Nature of Indian Constitution 16- Previous Questions 17- 9 Union of States 18- 10 Evolution of States and Union Territories 19- Previous Questions 20- 2.1 Fundamental Rights 21- Previous Questions 22- Writs Types and Scope 23- Previous Questions 24- Human Rights 25- DIRECTIVE PRINCIPLE OF STATE POLICY 26- Previous Questions 27- 3.1 FUNDAMENTAL DUTIES 28- Previous Questions 29- 4.1 THE UNION 30- Veto Power 31- Previous Questions 32- 4.4 The Presidents of India 33- Previous Questions 34- Bills that require Prior recommendation of the President 35- Comparison between the President and the Vice - President 36- Previous Questions 37- Council of Ministers 38- Previous Questions 39- UNION LEGISLATION - PARLIAMENT 40- COMPARISON BETWEEN THE POWERS AND POSITION OF THE RAJYA SABHA AND THE LOK SABHA 41- Previous Questions 42- THE GOVERNOR 43- Previous Questions 44- CHIEF MINISTER 45- Previous Questions 46- THE STATE LEGISLATURE 47- Previous Questions 48- JAMMU AND KASHMIR - OLD PROVISION 49- SUPREME COURT 50- Previous Questions 51- 1.THE FEDERAL SYSTEM 52- Previous Questions 53- 1.2 Finance Commission - Article 280 54- Previous Questions 55- 2 AUTONOMOUS OFFICES UNDER THE CONSTITUTION 56- Previous Questions 57- 3. A NOTE ON PANCHAYATI RAJ 58- Previous Questions 59- 4 'MOTIONS' IN PARLIAMENT 60- 5 LAW COMMISSION REPORT 61- 6 ANTI DEFECTION LAW 62- Previous Questions 63- 7 NITI AAYOG & PLANNING COMMISSION 64- 8 LOKPAL AND LOKAYUKTA 65- 9 PUBLIC INTEREST LITIGATION 66- 10 RIGHT TO INFORMATION 67- 11 ADMINISTRATIVE REFORMS 68- 12 HINDU SUCCESSION ACT 69- 13 NEW PATENT LAW 70- 14 FIRST IMPEACHMENT AGAINST A JUDGE 71- 15 PRESIDENT'S NOD TO DOMESTIC VIOLENCE ACT 72- 16 ALL WOMEN HAVE RIGHT TO SAFE, LEGAL ABORTION: INDIA’S TOP COURT 73- 17 JUDGEMENTS IN 2020 74- 18 IMPORTANT AMENDMENTS TO THE INDIAN CONSTITUTION 75- Previous Questions