Historical Background & Context of Making of Indian Constitution [GK PDF]

editor June 11, 2025 10 min read

Historical Background & Context of Making of the Indian Constitution

Historical Background of the Making of the Indian Constitution: India was under the rule of the East India Company from 1773 to 1858. In the period from 1858 to 1947, India was under the rule of the British Raj.

British India (1612–1947)
East India Company1612–1757
Company rules in India1757–1858
British Raj1858–1947

According to Dr. Sudarsan Pradhan1, “The Indian Constitution wasn’t created overnight. Its development began many years before India gained independence in 1947, growing gradually over time like a tree that takes years to bear fruit.”

To understand how the Indian Constitution came to be, we need to look at the key events and changes in India’s governance that eventually led to the creation of the Constitution by the Constituent Assembly.

The laws that were enacted in British India by Britain can be considered as the background of the Indian Constitution. Some of those are discussed briefly here.

Regulating Act, 1773:

  1. This act is also known as “The East India Company Act 1772.“
  2. The political and administrative power of the first East India Company was exercised.
  3. The Governor of Bengal was promoted to the post of Governor-General of Bengal. The first Governor-General of Bengal was Lord Warren Hastings.
  4. In 1774, the Supreme Court was established in Calcutta.
  5. The Governor of the Calcutta Presidency gains control over the Madras and Bombay Presidencies.
  6. The issues of eligibility and the right to vote of the Board of Directors were brought under the control of the British Government.
  7. The entire Act was cancelled through Section 7(2) and the Second Schedule of the Government of India (Amendment) Act, 19162.

The Regulating Act of 1773 was the first British law to control the East India Company’s rule in India.

Pitt’s India Act, 1784

  1. The East India Company Act (1784) is also known as Pitt’s India Act.
  2. Under this law, the British government established all control over the company.
  3. The number of members of the Governor General’s Council was reduced from 4 to 3.
  4. The Board of Control was established with 6 members. The Board of Control supervised the Government of India. These 6 members were called commissioners. Henry Dundas was the first president of this board.
  5. The Board of Directors is empowered to appoint and summon all employees.

Note: The East India Company (EIC) was a British trading company. It was also called the Honourable East India Company (HEIC), the British East India Company, or simply “John Company” in informal conversations.

Charter Act, 1793:

  1. According to this Act, the commercial advantage of the company is extended by 20 years.
  2. It is ensured that the future salaries of all the members of the Board of Control will be paid from the Revenue of India.
  3. The membership of the Commander-in-Chief in the Governor General’s Council is revoked.

Charter Act, 1813:

  1. According to this act, it was decided to give an annual grant of Rs 1 lakh for the expansion of education in India.
  2. The monopoly of the trade of companies in India came to an end.
  3. Indian trade was open to all British.
  4. In England, before the company’s employees were hired, mandatory training was arranged.
  5. The sovereignty of the British Raj was claimed over all the territories and revenues of India.

European missionaries were allowed to freely enter India to spread Christianity and set up schools.

Charter Act, 1833:

  1. According to this act, the Governor-General of Bengal had become the Governor-General of India. The first Governor-General of India was Lord William Bentinck.
  2. The Governor General’s Council has the power to make laws for the whole of British India.
  3. Constitutional decentralization was abolished.
  4. Indian Civil Service was established.
  5. The Central Legislative Assembly was formed.
  6. The Fifth Amendment abolished the slavery system in India.
  7. A legislator is added to the Governor-General’s Council. Lord McLean was the first member of the legislature.
  8. The tea trade in India and the company’s monopoly trade in China were banned.

Legal Expert in Council – A fourth member, specializing in law, was added to the Governor-General’s Council to help draft new laws. Lord Macaulay was chosen for this role and took part in the council’s lawmaking discussions.

Charter Act, 1853:

  1. Arrangements for Civil service in India through competitive examinations were made. Employees of the company of the Board of Directors were deprived of the right to appoint and call. To make this possible, the Macaulay Committee was set up in 1854.3
  2. The post of Lieutenant Governor was created for Bengal.
  3. The commercial rights of the company were extended indefinitely. Additional members are appointed to the Governor General’s Council to oversee the work of the Legislative Assembly.
  4. For the first time, local Indian representatives were included in the council.
  5. Provinces like Madras, Bombay, Bengal, and Agra could nominate some of their members.
  6. The Act also separated the Governor-General’s executive and legislative roles, which created a clear distinction between running the government and making laws.

The Charter Act of 1853 was an important step in India’s constitutional development. It created a separate Indian (Central) Legislative Council.

Government of India Act, 1858:

  1. British rule had begun with the abolition of Company rule.
  2. The post of Governor-General of India became the Viceroy. The word viceroy means royal representative.
  3. The Board of Control and the Court of Directors were abolished.
  4. A secretary was appointed to govern India. He was a member of the British Cabinet, and his title was ‘Secretary of State for India’.
  5. The Secretary of State Council will have 15 members. 4 members will be nominated by the British Raj and 7 members will be elected from among the Board of Directors.

The Act ended the rule of the East India Company and transferred all powers—government, land, and revenue—to the British Crown. From now on, India would be directly ruled by the British Government.4

After the 1857 Revolt, the British realized they needed Indian cooperation in governance.

Indian Council Act, 1861:

  1. Legislative assemblies or legislatures are established in different provinces.
  2. The name of the Council of Viceroys became the ‘Imperial Legislative Council‘.
  3. Legislative Council was formed for Bengal, North-West Frontier Provinces and Punjab. The power to issue ordinances in case of emergency is given to the Viceroy.
  4. The portfolio system is introduced. Each member of the Viceroy’s Executive Council is assigned a department. It also gave recognition to the ‘portfolio’ system, introduced by Lord Canning in 1859.5

Indian Council Act, 1892

  1. Both levels of the Legislative Council are given the power to discuss the budgets.
  2. The process of indirect selection of non-official members and members of the Provincial Assembly began.
  3. Council members are allowed to ask questions on the budget (which was barred in the Indian Councils Act 1861) or matters of public interest but had to give notice of 6 days for it.6

Indian Council Act, 1909 (Male-Minto Reform):

  1. The power of the Legislative Council is increased at both the central and provincial levels.
  2. Indians have the opportunity to participate in the Executive Council of the Viceroy and the Governor. Satyendra Prasad Sinha became the first Indian to join the Viceroy’s Executive Council.7
  3. The process of direct election of members of the Legislative Assembly begins.
  4. Separate elections for Muslims began. The number of members of the provincial legislature was increased from 6 to 60. Of these, 28 are government-designated officials and 32 are non-official.
  5. Lieutenant Governors were appointed in Bengal, Bombay, and Madras, and these provinces were allowed to form their own councils.8
  6. Minorities were given separate electorates. This means they could vote for their own representatives.

Government of India Act, 1919 (Montague-Chelmsford Reform):

  1. Central and provincial issues are included. Councils at both levels will be able to make laws on their respective issues. Provincial matters are divided into two parts: transfer and reserve.9
  2. A bicameral legislature or bicameral system is established at the center, such as the Council of States or the upper house and the legislative assembly.
  3. Central control over the provinces is reduced.
  4. A High Commissioner was appointed in London for India.
  5. Provincial budgets are separated from the central budget.

Government of India Act, 1935

  1. Arrangements were made to form the All India Federation or the All India United States. Power was divided into 3 parts. (1) Federal List (Central), (2) Provincial List, (3) Joint List.10
  2. The dual rule came to an end. Provincial autonomy was arranged.
  3. Bengal, Bombay, Madras, Bihar, Assam, Uttar Pradesh: The legislature is bicameral in these 6 major states.11
  4. Separate elections are arranged for Scheduled Tribes, women and workers.
  5. Autonomous powers were given to the Governor-General and the Governors.
  6. The Reserve Bank of India was established.
  7. The state of Orissa was formed in 1937.
  8. The Federal Court was established in Delhi in the year 1937 with six judges, including a Chief Justice.
  9. The Government of India Act had 321 chapters and 10 lists.
  10. On 7 August 1940, the British government first acknowledged the need to create a public scholar to read the Constitution of India.
  11. The first session of the Constituent Assembly was held on 9 December 1946. 207 members have participated.
  12. The permanent president of the Constituent Assembly was Dr. Rajendra Prasad. Dr. Sachchidananda Singh was the interim president of the Constituent Assembly.
  13. Pandit Jawaharlal Nehru proposed in the Constituent Assembly to declare India an independent sovereign republic.
  14. The first session of the Constituent Assembly ended on 23 December 1946.
  15. The second session of the Constituent Assembly began on January 20, 1947.
  16. The third session of the Constituent Assembly began on the 28th of April 1947. Pandit Jawaharlal Nehru became the chairman of the Union Constitutional Committee formed in the third session of the Constituent Assembly.
  17. Sardar Vallabhbhai Patel became the chairman of the Provincial Constitutional Committee formed in the third session of the Constituent Assembly.
  18. The British Parliament passed the Law of Independence of India on July 4, 1947.
  19. On August 14, 1947, the fifth session of the Constituent Assembly began. From the time of this session, the Constituent Assembly of India gained sovereign power.
  20. On 15 August 1947, Lord Mountbatten announced the transfer of power to India.
  21. Dr. BR Ambedkar became the Chairman of the Drafting Committee.
  22. In the first phase, the Drafting Committee added 315 articles and 13 schedules to the Constitution.
  23. In the final phase, the draft committee has 395 articles and 12 schedules in the constitution.
    The Constitution of India was adopted by the Constituent Assembly on 26 November 1949.
  24. It took 2 years 11 months 18 days to make the Indian Constitution.
  25. The last session of the Constituent Assembly was organized on January 24, 1950.
  26. The Constitution of India came into force on 26 January 1950 by the Constituent Assembly. On this day, India became a sovereign democratic republic.

Session of the Constituent Assembly held on the eve of making the constitution

SessionStarted OnEnded on
First Session9th December, 194623rd December 1946
Second Session20 January 194725th January 1947
Third Session28 April 194725th January 1947
Fourth Session14th July 19472nd May 1947
Fifth Session14th August 194731st July 1947
Sixth Session27th January 194827th January, 1948
Seventh Session4th November 194827th January 1948
Eighth Session16th May, 194916th June 1949
Ninth Session30th July, 194918th September 1949
Tenth Session6th October 194917th October 1949
Eleventh Session14th November 194926th November 1949
Twelfth Session24th January 195024th January 1950
Session of the Constituent Assembly

Important Days to Remember

The first session of the Constituent Assembly9th December 1946
The Constitution was adopted on 13th December 1946
The Constitution came into force 26th November 1949
Signed by members24th January 1950
The constitution came into force 26th January 1950
important days regarding COI

That was the prehistory of the making of the Indian Constitution. The whole concept is summarized with important points here so that one can understand and visualize the whole fact. If you are happy with the note “historical background of the Indian constitution,” you may download it in PDF format from the link provided below.

Historical Background & Making of the Indian Constitution PDF
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  1. Dr. Sudarsan Pradhan Making of the Indian Constitution ISSN 0970-8669 Link ↩︎
  2. https://en.wikipedia.org/wiki/Regulating_Act_1773 ↩︎
  3. https://cbc.gov.in/cbcdev/british/british4.html ↩︎
  4. https://cbc.gov.in/cbcdev/crown/crown1.html ↩︎
  5. https://cbc.gov.in/cbcdev/crown/crown2.html ↩︎
  6. Lecture-43 ramauniversity ↩︎
  7. Vivek Dhupdale HOD at Shivaji University Link ↩︎
  8. V. ARIVARASI Ph.D Research Scholar, No : 1056/2 Link ↩︎
  9. JOINT SELECT COMMITTEE Link ↩︎
  10. https://cbc.gov.in/cbcdev/crown/crown7.html ↩︎
  11. https://cbc.gov.in/cbcdev/crown/crown8.html ↩︎

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