The evolution of human society clearly shows that man cannot, as a general rule, live in isolation, but likes to associate himself with his fellow-men to satisfy his instinct of self-preservation. In the early stages of development of human society, these groups existed in the form of family, clans and tribes which finally gave shape to the organized State. The State, like the preceding tribal organizations also aims to secure peace and security for its people. It is therefore, imperative that it must be ordained with certain power and authority to ensure the continuance of the legal order.

Constitution defined:
The body of rules which deal with aforesaid four principles of the organization of the State. form its Constitution.

Wade and Phillips has stated that "a Constitution means a document having special sanctity which sets out the frame work and the principal functions of the organs of Government of a State and declares the principles governing the operation of these organs" It would, however, be more appropriate to decline the Constitution of a State as "the pattern of its political organization and the body of law which govern the relations between the various organs of the State as well as the relations between these organs and the citizens of the State.

Evolution and History of the Indian constitution:

The evolution of the constitutional history of India can be traced through seven Important phases spread over a period of nearly 250 years beginning with the establishment of the East Bidia Company as a trading corporation Queen Elizabeth's Charter of 1600.

The second phase began with the Regulating Act of 1773 which brought East die Company under the control of British Parliament and laid down the foundation of an elaborate system of administration of the British possession in India.

The next important step was taken in 1883 when another Charter Act was passed by the British Parliament to establish a unified system or govemment in British India. This Charter Act of 1833 introduced important changes in the constitution of the East India Company as also in the system of government in India.

The transfer of power by the East India Company to the Crown under the India Government of India Act, 1958 marks the beginning of the fourth phase in the constitutional development in India. This Act terminated the administration of the East India Company and transferred power to the British Crown. The changes introduced by the Government of India Act, 1958, were formally announced in India by a Royal Proclamation and this was the first time that a constitutional document of this character was used in India.

The next phase in the constitutional development began with the gradual democratization of the machinery of governance of India through the principle of representative institutions was accepted for the first time under the Indian Councils Act of 1861. The principle was further extended by the Acts of 1992 and 1909.

Another significant development in the constitutional history of India was Initiated by the Government of India Act of 1919 which introduced dyarchy in the Provinces. The system of dyarchy was the first step towards the establishment of responsible Government in the Provinces. This Act, otherwise known as Montagu-Chelmsford Reforms, had profound significance for the constitutional development in India. It was the first step towards the gradual transfer of control from Parliament to elected Indian Legislature by a division of the sphere of Provincial Government between two authorities, one the Executive Council amenable to the Parliament and other the Council of Ministers amenable to the Indian Legislature. This Act also affected formal division of functions of the Central and Provincial Governments.

The seventh and the last phase of the constitutional development in the constitutional process of India commenced with the Government of India Act, Indian 1935 which terminated dyarchy in the Provinces and recognized the pole a provincial autonomy by giving the Provinces a separate legal entity a prising aberating them from central control except for certain specified purposes

The Act also envisaged to establish an All India Federation autonomous Provinces A Federal Court having authority throughout the Federation and exercising appellate jurisdiction over all High Courts in British India was also established under the Act of 1935, It is wignificant to note that though the All India Federation as contemplated in the Act 1935 never came into existence, but the Federal Court, the Federal Public Service Commission and the Festeral Railway Authority actually started functioning under the Act.

Thus, British India was no longer a unitary Sate as under the Act of 1919, but bad split up into autonomous units which functioned within the sphere allotted to them, independently and without being subject to the control of the Central Government.
conclusion

The constitutional mechanism adopted under the Government of India Act. 1935 continued until the enactment of the Indian Independence Act, 1947 by the British Parliament. This Act brought about radical changes in the political and constitutional development of this as a whole. With the coming into force of this Act on August 15, 1947, the British sovereignty over India came to an end and the Dominions of newly framed India and Pakistan could adopt any type of Constitution which they desired. As regards the Indian States, the Indian Independence Act specifically provided that with the termination of the authority of the Crown in the States, the powers hitherto exercised by Crown would revert to the States.

But before the provisions of the Act became operative, the Indian States executed Instruments of Accession under which they transferred all powers of governance to the new Dominion of India in respect of specified matters and subject to terms and conditions as laid down in the Instrument. Thus it was for the first time that the Indian States became an integral part of the constitutional machinery established for the new Dominion of India. Many States, however, subsequently merged their territories in the neighbouring Provinces. This was the position of the Indian Dominion States in 1950 when the Indian Constitution framed by the Constituent Assembly came into force on January 26, 1950.

b+The constitutional mechanism adopted under the Government of India Act. 1935 continued until the enactment of the Indian Independence Act, 1947 by the British Parliament. This Act brought about radical changes in the political and constitutional development of this as a whole. With the coming into force of this Act on August 15, 1947, the British sovereignty over India came to an end and the Dominions of newly framed India and Pakistan could adopt any type of Constitution which they desired.

As regards the Indian States, the Indian Independence Act specifically provided that with the termination of the authority of the Crown in the States, the powers hitherto exercised by Crown would revert to the States. But before the provisions of the Act became operative, the Indian States executed Instruments of Accession under which they transferred all powers of governance to the new Dominion of India in respect of specified matters and subject to terms and conditions as laid down in the Instrument. Thus it was for the first time that the Indian States became an integral part of the constitutional machinery established for the new Dominion of India.

Many States, however, subsequently merged their territories in the neighbouring Provinces. This was the position of the Indian Dominion States in 1950 when the Indian Constitution framed by the Constituent Assembly came into force on January 26, 1950.

References:

1. Sen, DK Comparative Study of the Indian Constitution Vol 1 (190) pa
2. Wade & Philips: Constitutional Law of England p. 4.
3. Sen, DK. Comparative Study of the Indian Constitution

Award Winning Article Is Written By: Ms.Nameera Meraj - Law student of Aligarh Muslim University

Authentication No: FB342162207653-24-0623