Constitutional history of India
This paper is an attempt to survey the constitutional developments in colonial Indian history. A constitution can be defined as a set of legal norms, either codified or uncodified that determine the extent and scope of the powers of the state. It gives the state it’s structure and form and strives to curtail arbitrary action to foster a legal environment where rule of law is above the rule of men. Before the advent of British colonial rule, the subcontinent was rules by a number of states that were absolute monarchies. Under an absolute monarchy there are no limits on the power of the Monarch, any limitations that the sovereign might encounter would be rooted in realpolitik and not in an inherent rule of law that purports to control the actions of the sovereign.
British colonial pursuits in India can be traced back to the Charter of 1600, where Queen Elizabeth granted the East India Trading Company exclusive rights to trade with the east. Over the next 150
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In 1600 C.E., 215 British Knights of the realm, Aldermen of London and burgesses headed by GEORGE, EARL OF CUMBERLAND, petitioned the Crown; "for Our Royal Assent and License to be granted unto them, that they, at their own Adventures, costs and charges, as well for the Honour of this our Realm of England, as for the Increase of our Navigation, and Advancement of Trade of Merchandise, within our said Realm and the Dominions of the same, might adventure and set forth one or more Voyages, with convenient number of ships and Pinnaces, by way of traffic and merchandise to the East Indies, in the countries and parts of Asia and Africa, and to as many of the islands, ports and cities, towns and places, thereabouts, as where Trade and Traffic may by all likelihood be discovered, established or had ; diverse of which countries, and many of the islands, cities and ports thereof, have long since been discovered by others of our subjects, albeit not frequented in Trade of
As a new republic, we cannot afford to make the same mistake twice when establishing the law of the land for our government. The weaknesses and flaws in the Articles of Confederation were evident when Shay’s rebellion arose not long ago in Massachusetts. How do we protect the law-abiding citizen from enemies, both foreign and domestic, who seek to disrupt the Liberty of the United States and jeopardize our security? The Constitution of the United States Article 1, Section 8, Clause 12 state, “The Congress shall have Power To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years.” We the people of the United States must ratify the Constitution in order to create a Standing Army that provide security against both internal and external threats of America.
On account of Marbury v. Madison, the Supreme Court decided that they didn't have the ability to constrain President Jefferson to convey the commissions that he had solicited Secretary from State James Madison to not convey to the "midnight judges" designated by John Adams just before his term as president finished. Despite the fact that the Judiciary Act of 1789 gave the Supreme Court the ability to issue writs of mandamus, Article III of the Constitution did not permit the Supreme Court. By settling on this choice, the Supreme Court initially showed its energy of legal audit; to upset a government demonstration since they trust it is illegal. Some would contend that the force of legal audit makes the legal branch too capable, while others
There is no denying that the Articles of Confederation, the first written form of government in the United States, was an important aspect of this nations history. The articles were ratified on March 1, 1781 and they served as the basis for the formation of the Constitution and provided some, but not enough framework for adequate organization of United States. Although, it accomplished and lead to multiple advances in the U.S government, it’s ability to act as an effective government failed. Under the Articles of Confederation there was one house body of delegates with each state having only one vote no matter the size or population.
The British men gathered full control of the trading center present in the Americas, and created the Navigation Acts to help aid them in their tactics to take control over all trade within the Americas. The Navigation Acts were passed under a mercantilist system, and was used to regulate trade in a way that only benefitted the British economy. These acts restricted trade between England and its colonies to English or colonial ships, required certain colonial goods to pass through England before export, provided subsidies for the production of certain raw goods in the colonies, and banned colonial competition in large-scale manufacturing. This lowered the competition in the trading world for the British and caused the British to have a major surge in power, that greatly attributed to the growth of their rising empire. The British’s ambitious motives in the trading world help portray a way that the British took control of an important piece in the economy of all of the other nations present in the colonies in the time period, and shows another leading factor in the growth of the British empire.
The “search for a national government” in the United States came at a time when the country was at it’s lowest. We had finally declared our independence from Europe, but the country was lost. After our forefathers had written the Declaration of Independence, the country began creating governments, however the governments they began creating were on the state level. No one thought about creating the national government. When they did begin creating the national government, the people that formed the state’s governments thought to make the national government Republic.
The British caused the colonists to break free from them, which was the right thing to do. First it was unnaceary for the British to impose taxes on the colonists. Also the british acts that included townshed act, quartering act, stamp act, and sugar act violated natural rights of the colonists. Lastly the british cut off trade from the colonists. The patriots had the right to declare a war on England and become independent.
Mohandas Karamchand Gandhi or as more know him Mahatma Gandhi fought and died for the independance of India, even through all the cruelty people say that the British ruling helped shape modern India, did the British really help shape modern India? While many people would agree that the impact the British had was negative, but Dr.Lavani says otherwise, Lavani says that the British Helped India with their Efficient Government admission of 500 million people(Political)(Doc 6), they also built tons of mines, canals, sewers, and roads(Economic)(Doc 10), they as well protected wildlife and ancient buildings and also built universities and museums(Social)(Doc 11 & 17). Political Dr.Lavani’s side of the Argument is that the british helped build or set in stone the creation of modern India, some positives the British brought Politicly were things like really well trained armies, and great Administration(Doc 13 & 6), but that doesn’t mean the British didn’t do anything wrong, the British had only 60 Indians in Government(Doc 2), and the British used armed forces on
Britain and her crown jewel of imperialism A question toiled over for centuries by historians. What was the effect of British imperialism on india? Was it negative or positive?
Imperialism In the 19th and 20th centuries, various powerful nations sent colonizers to dominate weaker nations and expand their influence. This domination is called imperialism, which is still practiced today in moderation. Among the many countries shaped by imperialism were India and China. These two large countries were both colonized by the British who were one of the greatest imperialistic powers at that time.
Following the Revolutionary War, America had just gained independance from Great Britain and needed to form a new government. The Articles of Confederation were established as an attempt to create a government that was unlike Britain’s. Unfortunately, the Articles of Confederation had several weaknesses. When in the process of repairing those weaknesses, the Federalists and the Anti-federalists formed. The Articles of Confederation were very weak as well as useless to America and because of this, the Federalists and the Anti-Federalists could not agree on a new type of government.
Dr.Lalvani claims that under British rule, India was modernized, giving the foundation for a government that therefore gave law and order. While this system and others were built, they were built almost entirely for British benefit and even profit. In this new government, Indians had no say in the laws being decided by the British, that were impacting them. The laws were meant to further control Indians, while the British extracted India’s wealth and flood India’s markets with textiles with the help of railroads. Wanting more and more wealth, the British logged forests to create land to grow cash crops which in the end degraded the soil making it more difficult for them to grow.
DBQ Essay The United States Constitution is a document that or founding fathers made in order to replace the failing Articles of Confederation (A of C). Under the Constitution, the current government and states don’t have the problems they faced when the A of C was in action. The Constitution was created in 1788, and held an idea that the whole nation was nervous about. This idea was a strong national government, and the Federalist assured the people that this new government would work. The framers of the Constitution decided to give more power to the Federal government rather than the state governments because the A of C had many problems, there was a need for the layout of new government, rights, and laws, and there was a need for the Federal
The Indian Reorganization Act of 1934 ended the allocation of lands to individual Native Americans, encouraged them to preserve their culture, and to develop their own governments. It allowed tribes become sovereign nations. This act created a cultural resurgence but halted economic progress for the tribes. The political structure of the tribes were also unstable and
What are the Historical Influences of United States Constitution? It is known that people all over the world have come to the United States, to create a better life for their families and themselves. The United States is known for having the best form of government for people to be included and have a say in their beliefs. What many people do not know is, what influenced the United States Constitution and the founding fathers in writing.
A Constitutional Perspective on The Preservation of Liberty To establish which amendment in the Bill of Rights is the most influential to the preservation of liberty, one must first determine the true meaning of the word liberty. The Oxford dictionary defines liberty as “The state of being free within society from oppressive restrictions imposed by authority on one's way of life, behaviour, or political views.” Not only is this one of the core values ingrained into the base of our American culture, but it is also one of the main characteristics of a successful community (“First Amendment.”) Many societies argue that citizens do not have basic rights, the first amendment does the best job at protecting the nation's rights from the government by giving individuals freedom of speech, religion, and freedom of petition. The First Amendment has five freedoms guaranteed for the American people’s such as the right to religion, speech, and petition.