Readings In Indian Constitutionalism in the Context of Takeover of the Company Bahadur by the British Crown

Abstract

This article undertakes a critical examination of early Indian constitutionalism by analysing the juridico-political implications of the transition from East India Company rule to direct governance by the British Crown post-1858. Framed within the evolution of colonial legal structures, the study interrogates the nature of constitutional authority exercised by the Company and the structural reconfiguration effected through the Government of India Act, 1858. It argues that the Crown’s assumption of sovereignty did not merely mark an administrative shift but constituted a paradigmatic transformation in the constitutional framework of colonial India. Through a close reading of key legal instruments—particularly the Charter Acts, Queen’s Proclamation of 1858, and subsequent legislative developments—the article demonstrates how the Crown’s regime codified imperial centralisation, bureaucratic absolutism, and racialised legal hierarchies under the veneer of rule of law.