CONSTITUTIONAL DEVELOPMENT IN INDIA

The Company Rule in India (1773-1858)

• Beginning of Rule:The British East India Company was established as a trading company in 1600 and transformed into a ruling body in 1765.
• Interference in Internal Affairs: After the Battle of Buxar (1764), the East India Company got the Diwani(right to collect revenue) of Bengal, Bihar and Orissaand gradually, it started interfering in Indian affairs.
• Exploitation of Power:The period from 1765-72 saw duality in the system of governmentwhere the Company had the authority but no responsibility and its Indian representatives had all the responsibility but no authority.

• Rampant corruptionamong servants of the Company.
• Excessive revenue collectionand oppression of peasantry.
• The Company’s bankruptcy,while the servants were flourishing.
• Response of British Government: To bring some order into the business, the British government decided to regulate the Company with a gradual increase in laws.

Regulating Act of 1773

• Significance
• This was the first step taken by British Government to control and regulate the affairs of East India Company in India.
• The political and administrative functions of the company were recognized for the first time.
• It laid the foundation for central administration in India
• Features
• Governor of Bengal was designated as the Governor General of Bengal (Fort William)
• Governors of Bombay and Madras became subordinate to the Governor General
• Executive Council of 4 members was formed to assist Governor General
• Supreme Court established – Lord Elijah Impey was the first chief justice of Bengal
• Officers were prohibited from private trade or accepting bribe
  

  

• Facts
• First Governor General – Warren Hastings
• Supreme Court had one chief justice and three judges
• The court heard cases with the help of Jury of British subjects
• The Court of Directors (24) had to submit report on its Revenue – civil and military

Jurisdiction Act of 1781

• Features
• Exempted public servant’s actions done during official capacity from scrutiny of Supreme Court
• Jurisdiction over inhabitants of Calcutta and administer personal law of defendant
• Supreme court to consider religions and social customs while enforcing decrees
• Appeal from provincial court to Governor General-in-council is final for cases less than 5000 pounds
• If it is more than 5000 pounds then appeal is sent to King-in-Council

Pitts India Act of 1784

• Significance
• For the first time, company’s territory in India was called as British possessions in India
• British government got complete control over company’s affairs and its administration
• Features
• Demarcated the political and commercial functions of the company
• Commercial affairs to be managed by the Court of Directors
• Political affairs to be managed by a newly formed Board of Control
• Board of Control can supervise the operations of the government and revenue

Executive council’s members were decreased from 4 to 3

Act of 1786

• Features
• To convince Cornwallis to accept the Governor-Generalship (by Pitt)
• Governor General got powers to override his council is extraordinary cases on his own responsibility

Charter Act of 1793

• Features
• Company’s privileges extended to 20 years
• Power to override council by Governor General was extended to all future Governor Generals and Governors
• All the members salary was to be paid from Indian Revenue (practiced up to 1919)
• Permission for East India Company to ship opium from India to China
• Country privileges given to the officials of East India Company to trade outside India

Charter Act of 1813

• Features
• Monopoly ended except for tea trade and trade with China
• Allotted one lakh annually for education and improvement of literature and Science etc.
• Christian missionaries allowed to preach in India

Charter Act of 1833

• Significance
• Came in the wake of Industrial revolution and liberal principles in England
• The Act created for the first time, a government of India having authority over the State territorial area possessed by the British
• Features
• Governor General of Bengal was designated as Governor General of India
• Bombay and Madras presidency lost their legislation powers
• Governor General got complete control over civil and military affairs
• A law member was added as the fourth member to the Governor General’s Council
• Law commission was constituted in 1834
• Laws made from these acts were named as Acts (previously called Regulations)
• Government makes Act, while Company makes Regulation. So, EIC started acting as Government.
• East India Company had to end its monopoly over commercial activities. (became an administrative body mainly*)
• Facts
• First Governor General of India: William Bentick (1828 -1835)
• T.B. Macaulay became the first law member, also the first law commission’s chairman.
• This act tried but failed to introduce open competition for civil services
• Section 87, no discrimination to office under company (between Indians and British Residents)
• Abolition of slavery by Act V of 1843

Charter Act of 1853

• Features
• A separate governor was appointed for Bengal
• Extended the company’s rule to possess Indian territories. (no specific tenure)
• For the first time separated the legislature and executive functions of Governor General’s Council
• Open competition was introduced to recruit for civil services
• Macaulay Committee was introduced to recruit for Civil Services

Charter Act of 1853

• Number of Court of Directors (at London) were reduced from 24 to 18
• Legislation became a separate entity
• Central legislative Council was formed comprising of –
• 6 legislative members
• 4 members from local provincial governments
• 2 members appointed by the British
• 1 chief Justice of Calcutta + 1 puisne judge of Calcutta