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.
@ Abby: I'm glad at ur comment. I may not be able to post on daily basis, but indeed will keep posting quite often. Thank you
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