1858-1919년 사이의 인도정부법에 관한 연구

Abstract

The First War of Independence in 1857(or so called Sepoy Rebellion) was the first expression of nationalism of Indian people and set the foundation and the momentum for the organized national movement for independence. At the same time, the East India Company age wound up, colonial rule by the British Imperial government was launched. The imperial government tried to introduce into India the ideas of western constitutionalism, e.g. rule of law, parliamentary system, local government, federalism and so on from its own country. But the rule of law in India was no more than superficial, it was only a means for colonial rule. Representation system was not based on full participation of Indian people. Bill of Rights weren't there in the Government of India Acts, therefore human rights or equality of law for Indian people were denied as a matter of course. Legislative reforms were enacted according as Indian people continued to demand Swaraji(self-rule and independence). Behind the legal changes of the Indian Councils Act or the Indian Government Act in 1858, 1861, 1892, 1909 and 1919, the aspirations of the Indian people for independence grew up year by year. In the meanwhile, western constitutional system spread and took root all over the country in India, although the leaders of the independence movement refused its acceptance until its final objective, that is full Self-Government Dominion Status, would be secured. This paper is focused on how the British government brought western constitutionalism to India on the one hand and on the other how the Indian people make resistance against the British colonialism which was in reality ‘a despotism controlled from home’ under the guise of rule of law.