Constitutional Development

Constitutional Development during British India is an important component of both Polity and History. However, this section poses constant challenge to the readers since it involves so many provisions to memorize. This write-up seeks to overcome this problem by attempting to explain the various acts in the light of trends inherent in their provisions. First- provisions, then trends. Focus more on the latter section.

Regulating Act (1773)

Regulating Act was passed in 1773 on the basis of recommendations of a select committee appointed by the British Government to look into the Indian affairs of East India Company in the light of raising public opinion in England questioning the moral right of East India Company (EIC), a commercial enterprise to govern people. The grant of increase in dividend (12.5%) to the shareholders of EIC when the latter was reeling under debts and the application of loan by EIC to the British Government were two immediate causes for the appointment of committee.

This act sought to restrict the franchise to elect the directors of EIC only to those shareholders with £1000 for the preceding 12 months and the tenure of the directors was increased form one year to four years with 25% of the directors retiring each year. The EIC was mandated to submit a copy of all correspondence from India to the government. The Governor-general of Bengal was provided with a council of 4 members and the former could not overrule the majority view of the latter except when the opinion would be divided. The governors of Bombay and madras were required to offer due obedience to the Governor of Bengal except during Emergency and with respect to the orders directly received by them from the company. A supreme court was set up in Calcutta to try the British residents in India. The jurisdiction of court was also extended to the servants of the company employed in India. The employees of EIC were barred from accepting gifts from anyone.

The Regulating Act attracted criticisms from many corners. It was criticized for imprecise demarcation of power among the Governor-General, his council and SC. Not surprisingly, this act provided a fertile ground of conflict between Governor-General and SC. The Governor General was placed at the mercy of his council members since the latter’s majority view always prevailed. The jurisdiction of the SC with respect to servants of the company was confusing. Who constituted the ‘servant of company’ was unclear.

However, it is to be noted that these shortcomings pertain to the contents of the Act; but not to its spirit. The spirit of the act was noble and it marked the beginning of the constitutional system in British India. It is also a landmark in the transition of power from the company to the British Government.

Judicature Act (1781)

This Act sought to remove the defects of Regulating Act specifically with respect to the jurisdiction of SC. The Public Servants, Revenue Collectors, judicial officers Governor-General and his executive council were exempted from the jurisdiction the SC with respect to the discharge of responsibilities in their official capacity. It was also decided, to apply the law applicable to the defendant, which was not specified in the previous act. Governor-General was empowered to make rules and regulations applicable to the provincial courts without registering with the SC.

Since this Act does not deal with any of the administrative manners, it is not very important for us.

Pitts India Act (1784)

The Pitts India Act sought to increase the control of the government over the Indian affairs of EIC. A Board of Control was appointed with six members – Chancellor of Exchequer and Secretary of State (British Cabinet ministers) and four members of Privy Council. A committee of secrecy consisting of three directors was appointed to replace the court of directors in political and military matters. However, the directors were to retain control over the appointments made by the company. The Governor-General’s Council was reduced to three members to strengthen the position of Governor-General. The appointment of Governor-general by the directors was to be made with the approval of Crown.

Charter Act of 1793

This Act sought to consolidate all the previous laws passed by the British Parliament with respect to EIC’s Indian affairs. This Act renewed the right of the EIC to do business in India was renewed for next 20 years. The Governor-General’s veto power, control over Bombay and Madras presidencies was reaffirmed. The EIC was mandated to pay Rs. 5 lakhs towards the liquidation of its debts and a similar amount towards increasing dividend from 8 to 10%. And the payment of the staff and paid members of the Board of Control was to be made out of Indian revenues.

Charter Act of 1813

This act suspended the monopoly of Company over trade in India. However, its monopoly over traded in China was extended to 20 more years. Thus, trade in India was thrown open to all merchants in England. The EIC was mandated to charge expenses relating to maintenance of troops in India, payment of interest and the expenses relating to civil administration, upon the revenues from India in the same order as mentioned here. The Company was authorized to make rules for Indian troops and to hold court-martials. The striking features of this Act were the provision of Rs. 100000 p.a. towards the promotion of religious learning and education among Indians and the training of civil and military servants.

Charter Act of 1833

The monopoly of EIC in any form was repealed. The Indian Government was to service the debts of the EIC out of Indian revenues and the shareholders were promised 10.5% dividend for the next 40 years. Board of Control was dissolved but its President was made the Minister for Indian Affairs. The Governor-General of Bengal was made the Governor-General of India and the presidencies of Bombay, Bengal and Madras and other possessions were placed under the control of Governor-General. The Central Government was made responsible both for raising revenue and making expenditure. The Central Government was empowered to promulgate laws for the entire India and a law commission was set up to undertake codification of laws. A law member was inducted to the Governor-General’s Council for legislative purposes. The Indians were permitted to be appointed in the Government.

Charter Act, 1853

The Governor-General of India was divested of is responsibilities as Governor of Bengal. The Law member of the Governor-General council was made a full-time member. Each province in the central legislature was represented by an official. Competitive exams were introduced to fill up vacancies.

 TRENDS

The Constitutional development between 1773 and 1853 can be analyzed in the light of two variables – degree of control of East India Company over the affairs of India and the degree of centralization in the Indian administration.

·         A trend towards phase by phase transfer of control over Indian affairs from the EIC to the British Government can be observed. In Regulating Act, only the correspondence from India was to be submitted to the government. Then was enacted Pitts India Act which introduced board of control nominated by the government was assigned the superintendence, control and direction of Indian affairs of EIC in addition to the board of directors of the latter. The Charter Act of 1793 increased the financial control of the Government over company since the latter was mandated to set aside Rs. 5 lakh out of its surplus towards servicing its debts and a similar amount to increase the dividend from 8% to 10%. The Charter Act of 1813 further tightened the financial control over the company’s Indian affairs. The charges on the company’s Indian revenue were laid down in the order of priority – military expenses, interest payments and civil administration expenses. The powers of Board of Control were also widened. This act, to some extent, increased the power of EIC in that the latter was allowed to make rules of rules for Indian troops and to hold court-martials. The monopoly of EIC to trade in India was ended. The commercial functions of EIC were totally ended by the Charter Act of 1833.The patronage of Directors in appointments was restricted. Prospective employees to the extent of two times the vacancies are to be nominated by the Directors to the Hailey-bury College and the top performers shall be appointed. The patronage of the directors was completely taken away since all the appointments were to be made by competitive exams. Thus, EIC which was once supreme controller of its Indian affairs prior to 1773 was rendered virtually powerless by 1853-Charter Act.

·         The degree of centralization also proceeded phase by phase. The Regulating Act made the governors of presidencies subordinate to Governor-General of Bengal who was to act according to the majority view of the council. The Pitts India Act empowered the Governor-General to overrule the majority view of council. The Charter Act of 1833 did away with Governor-General of Bengal and he was made the Governor-General of India. All possessions of company in India and all presidencies were placed under him. The Central government was authorized to raise revenues and monitor the expenditure. The Central Government was also vested with power to make laws for the entire country. Thus, the decentralization of powers across three presidencies were centralized as time went by.