CONSTITUTIONAL HISTORY - ACTS AND CHARTERS - 1

IMPORTANT ACTS AND CHARTERS

ACTS AND CHARTER DURING COMPANY'S RULE

• Regulating Act, 1773
• Act of Settlement, 1781
• Pitt's India Act, 1784
• Charter Act, 1813
• Charter Act,1833
• Charter Act,1853

REGULATING ACT, 1773

• Regulating Act, 1773 was of great constitutional importance.
• It was first step taken by British government to control and regulate the affairs of EIC in India.
• The political and administrative functions of the company were recognized.
• The British government laid the foundation of central administration in India.
• The EIC had territorial power over Bengal, Bombay and Madras. These 3 presidencies had their own power and each had its own governor without any interference amongst them.
• After the Regulating Act, 1773, the Governor-general of Bengal was given power and the governors of Bombay and Madras were made to be subordinates to the Governor general of Bengal.
• The Governor of Bengal was changed into Governor-general of Bengal.
• An Executive council of four member was created to assist him.
• The Governor- general of Bengal was Lord Warren Hasting.
• With the effect of this Act, A supreme court was established in Calcutta (1774) comprising one chief justice and three judges.
• The government through this Act prohibited the servants of company from engaging in any private trade or accepting gift or bribes.
• Court of Directors (governing body of the company) was formed by British government to control over the company to report on its revenue, civil and military affairs in India.
• The Regulating Act, 1773 provided  three important things: 

1. It changed the structure of the company in England and also changed the structure of the government of the company in India.

2. It brought the Presidencies of Bombay and Madras to some extend under the control of the Governor-general of Bengal and thereby subjected the whole of the company's territories to one Supreme council in India.

3. The supervision of the company was entrusted to the Ministry in England.

DEFECTS OF REGULATION ACT , 1773 

• The Regulation Act gave the first constitution to the company's government in India.
• The Act required that:-

1. All the decisions of the Governor-general in council will be made by a majority vote and the Governor-general was not given power to override his council

2. It made the position of the Governor-general weak and while taking any decision, he depended mostly on his council.

3. Apart from this, other defects were regarding: i) the nature and authority exercisable by the Governor-general and his council. 

ii) the jurisdiction of the supreme court

iii) the relation between the Bengal government and the court were not clearly defined and were defective.

4. However, the Regulation Act is a landmark in the constitutional development of India.

5. It introduced the principle of the federal type of government. It was the first constitutional act which moulded and shaped the future structure of the government of India.

ACT OF SETTLEMENT, 1781

• Act of Settlement was passed by the British parliament in order to define the powers of the supreme court and settle some of the conflicting issues which arose due to the defective provisions of the Regulating Act.
• The Act was passed in order to remedy " the ruinous mistake" of the Regulating Act,1773.
• It was aimed to grant relief to certain persons imprisoned at Calcutta under a judgment of the Supreme court and also to indemnify the Governor-general and council and all officers who acted under their order or authority.
• The Act of 1781 was passed in order to explain and amend the provisions of the Regulating Act.

SOME IMPORTANT PROVISIONS OF THE ACT OF SETTLEMENT ARE :-

• It granted immunity to the Governor-general and council from the jurisdiction of the Supreme court.
• It provided that the Supreme court will have no jurisdiction in any matter concerning revenue or any acts ordered or done in the collection of revenue.
• It exempted Zamindars and the Landholders from the jurisdiction of the Supreme Court.
• It recognized the provincial courts of the company.
• It stated that English law was not applicable to natives.
• Where parties were of different religion, it provided that the law of the defendant should be applied.
• It authorized the Governor-general and council to frame independently regulations for the provincial councils and courts. 
• It was not necessary for them to get the approval of the Supreme court for the validity of their regulations.
• In the history of Indian legislation, the Act of 1781, is considered to be of great importance as it empowered the Governor-general and his council to frame regulations independently for the provincial councils and courts.

PITT'S INDIA ACT, 1784

• Pitt's India Act was passed to rectify the defects of the Regulating Act of 1773.
• William Pitt was the Prime Minister of the British and he wanted to amend and rectify certain rules of Regulating Act as the EIC was still a bit uncontrolled.
• British parliament passed the Amending Act of 1781 and as a result Pitt's Indian Act of 1784 was established.
• In order to settle the problems related with the EIC, this act was proposed.

FEATURES

• This act differentiated the commercial and the political functions of the company.
• The court of directors were made to manage the commercial affairs.
• And a new body known as Board Of Control was formed to manage the political affairs. Thus, this established a system of double government.
• The board of control also supervised all of the civil and military government or revenues.
• Hence, the company's territories came under British  control and was called "British possession in India" for the first time i.e India is British's possession in Company's territory.
• British finally got the supreme control over company's affairs and its administration. 

CHARTER ACT OF 1813

• The special importance of the Charter of 1813 lies in the fact that the Sovereignty of the crown over the company's territorial acquisitions of India was clearly proclaimed.
• The powers of the Board Of Control in England were considerably enlarged.
• The provincial government in India were empowered by the charter of 1813 to make laws, regulations and articles of war for their native armed forces and authorize the holding of courts Martial.
• The territories of India were considered the property of England and persons entering without license were to be treated as interlopers.
• For a case of trespass or assault committed by these Europeans on the people of India and for cases of small debts to them, they were placed under the Jurisdiction of the justices of the peace.
• Those trading, residing or holding movable property at a distance of more than 10 miles from a Presidency town, were placed, for civil cases, under the jurisdiction of civil courts, while for criminal matters, special arrangements were to be made.
• Several Acts were passed by parliament during the 20 years which followed the Charter Act, 1813 which gave additional powers to the company authorities.
• By an Act of 1814, the Governor-general and council and Governors-in-council were authorized to impose taxes and duties within their respective presidency towns.
• Regulations were directed to be framed in this respect.
• An Act of 1823 established a Supreme court in Bombay in place of the old Recorder's court.
• The company was also empowered to appoint Justices of the peace from among Europeans inn India other than those under its services.
• In 1829, many changes were introduced in the judicial administration of the country by various regulations.
• The Act also provided that the copies of all the laws made by the three councils should be laid annually before parliament.
• It was done with a view to have strict control over the legislative powers of the councils in India.
• Thus, there existed in India three separate legislative bodies to pass regulations for their respective.

CHARTER ACT OF 1833

• As the industrialization and the acquisition of the area under different Governor-general expanded, the regulation was made through many Charters.
• The Charter Act of 1833 was passed. This Charter brought the final step towards centralization in British India.

FEATURES

• The Governor-general of Bengal was made the Governor-general of India.
• The regulation taking place in Bengal was now regulating the whole country India. Thus India completely came under British control.
• The Civil and Military power were also taken.
• LORD WILLIAM BENTICK was the first Governor-general of India.
• The legislative powers of given to the Governors of Bombay and Madras were deprived and it was all undertaken by the Governor-general of India.
• Governor-general of India was given exclusive legislative powers for the entire British India.
• Regulations while laws made under this Charter Act were called as Acts
• Thus, there came the end of EIC as a commercial body and it became purely administrative body.
• An open competition for selection of Civil servants was conducted where the Indians were not allowed. But this provision was negated after opposition from the Court of Directors.

CHARTER ACT OF 1853

• For the last 20 years, there wasn't  any interference and the Charter Act of 1833 was regulated in British India.
• The Charter Act of 1853 was the last of the series of Charter Acts passed by the British Parliament between 1793 and 1853.
• This Charter has significant constitutional landmark.

FEATURES

• The legislative and the Executive function of the Governor-general's council was separated for the first time.
• Earlier, the commercial and the political affairs were separated. Now, the political affairs were further separated into legislative and executive functions.
• This legislative wing of the council functioned as a mini-parliament which developed into present Indian Parliament.
• It adopted the same procedures as the British parliament.
• Soon, an open competition system of selection of civil servants was introduced and was open to all Indians.
• In 1854, Macaulay Committee was appointed. It was a committee on the Indian Civil Service as it was open to the Indian. 
• Thus, local representation  was formed in India ( central) legislative council.
• The company's extended rule began to retain its possession of Indian territories and was not specified to any particular period.
• This shows, the unlike the precious charter where specific period was given, it clearly indicate that the company's rule could be terminated at any time the parliament liked.
• And thus, the British parliament got the full control over India.