Historical Background
- The British arrived in India in 1600 as traders through the East India Company, which had exclusive trading rights granted by Queen Elizabeth I.
- In 1765, the East India Company acquired the 'diwani' rights, which included revenue and civil justice, for Bengal, Bihar, and Orissa, marking its transition from a trading entity to a territorial power.
- Following the 'sepoy mutiny' in 1858, the British Crown assumed direct governance of India, ending the rule of the East India Company.
- India gained independence on August 15, 1947.
- A Constituent Assembly was established in 1946 to draft the Indian Constitution, which came into effect on January 26, 1950.
- The British rule in India laid the foundation for the organization and functioning of government and administration in British India, influencing various aspects of the Indian Constitution and polity.
- The important periods under British rule are categorized as the Company Rule (1773-1858) and the Crown Rule (1858-1947).
The Company Rule (1773 – 1858)
Regulating Act of 1773
The key features of the act are:
- Governor-General of Bengal: The act designated the Governor of Bengal as the Governor-General of Bengal, establishing a higher level of authority. An Executive Council of four members was created to assist the Governor-General, with Lord Warren Hastings becoming the first to hold the position.
- Subordination of Presidencies: The act made the governors of the Bombay and Madras presidencies subordinate to the Governor-General of Bengal. Previously, these presidencies were independent of each other.
- Supreme Court in Calcutta: The act called for the establishment of a Supreme Court in Calcutta in 1774, consisting of one Chief Justice and three other judges.
- Restrictions on Company Servants: The act prohibited the servants of the East India Company from engaging in private trade or accepting presents or bribes from the Indian population, to curb corruption.
- Increased British Government Control: The act strengthened the British Government’s oversight of the Company by requiring the Court of Directors (the governing body of the Company) to report on its revenue, civil, and military affairs in India.
Amending Act of 1781 (Act of Settlement)
- Exemption of the Governor-General and Council: The Act exempted the Governor-General and his Council from the jurisdiction of the Supreme Court for actions performed in their official capacity. Similarly, the servants of the East India Company were exempted from the court's jurisdiction for their official actions.
- Exclusion of Revenue Matters: The Act excluded revenue-related matters and issues arising from the collection of revenue from the Supreme Court's jurisdiction. This helped prevent conflicts between the court and revenue administration.
- Jurisdiction over Calcutta's Inhabitants: The Supreme Court was given jurisdiction over all inhabitants of Calcutta, but it had to administer the personal law of the defendants. Hindus were to be tried under Hindu law, and Muslims under Mohammedan law, ensuring respect for their customs and religious laws.
- Appeals to Governor-General-in-Council: The Act laid down that appeals from Provincial Courts could be taken to the Governor-General-in-Council, not the Supreme Court, strengthening the executive's role in judicial matters.
- Regulatory Powers: The Governor-General-in-Council was empowered to frame regulations for the Provincial Courts and Councils, providing greater administrative control over provincial judicial systems.
Pitt’s India Act of 1784
The Pitt’s India Act of 1784 was an important law passed by the British government to make it easier to manage the East India Company's work in India. It helped the British government take more control over the Company's actions, especially in running the country and making political decisions.
Key Features of the Act:
Separation of Trade and Politics:
- Before the Act, the East India Company was responsible for both trade and running the government in India. This Act separated the two.
- The Company could still handle trade (buying and selling goods like spices, tea, and cotton).
- But a new group called the Board of Control was created to manage the political affairs, like making decisions about laws, governance, and military actions.
Example: Imagine a company that sells products and also runs a town. The government decides that the company can continue selling products, but all decisions about how the town is run will be made by a separate committee.
Creation of the Board of Control:
- This new body, the Board of Control, was formed to keep an eye on how the Company ran its political activities in India.
- This meant that the British government had more direct control over the way India was being governed.
Example: Think of the Board of Control as a group of supervisors who make sure the company follows the rules while running the town.
Direct Supervision:
- The Board of Control was allowed to oversee and direct all major activities related to civil government, the military, and the collection of taxes.
- This meant they had the final say on how things were done in India.
Example: If the Company wanted to make a new law or change the way taxes were collected, it had to get approval from the Board of Control.
Why This Act Was Important:
Calling India British Possessions:
- For the first time, the law referred to the Company’s land in India as ‘British possessions in India’. This was a formal way of saying that the British Empire now controlled these areas.
Example: It’s like owning a piece of land, but now you officially put up a sign saying “This is my property.”
British Government Control:
- The Act made sure that the British government had ultimate control over the Company’s actions in India. Even though the Company was still running trade, the British government was in charge of how the country was governed.
Example: It’s like a business owner giving control of certain important decisions (like how to manage employees and money) to a manager who works for a higher authority.
In simpler terms, the Pitt’s India Act of 1784 was a way for the British government to keep the East India Company focused on trade, while they took over political control of India. This allowed them to run the country more efficiently and ensure that decisions about laws and governance were made by people who worked for the British government.
Act of 1786
The Act of 1786 was passed to meet the specific demands of Lord Cornwallis, who was appointed as the Governor-General of Bengal in that year. Cornwallis had two major conditions before he accepted the position, and the Act was created to address them.
Key Points of the Act:
Power to Override the Council:
- Cornwallis wanted the power to override the decisions of his council members in special cases. Normally, the Governor-General had to work with a council and follow its majority decision.
- The Act gave Cornwallis this extra authority, allowing him to make final decisions if he thought it was necessary.
Example: Imagine you’re the captain of a team, and normally, you make decisions together with the team. But in urgent or special situations, you are allowed to make the final call on your own.
Commander-in-Chief:
- Cornwallis also wanted to be the Commander-in-Chief of the army, meaning he would have full control over both the government and the military in India.
- The Act granted him this role, allowing him to have both political and military power.
Example: This is like being the leader of a company and also being in charge of security or the protection of the company at the same time.
Why This Act Was Important:
The Act of 1786 was significant because it gave Lord Cornwallis a lot of authority. He was not only the head of the government in India, but also had the power to make decisions independently of his council and control the military. This dual role made Cornwallis one of the most powerful figures in India during his time.
Charter Act of 1793
The Charter Act of 1793 introduced several important changes that shaped the way India was governed by the British East India Company. This act was passed to strengthen the control over Indian territories and ensure that British administration worked more efficiently.
Key Features of the Act:
Overriding Power to All Governors:
- The special power given to Lord Cornwallis to override his council’s decisions in special cases was now extended to all future Governor-Generals and Governors of Presidencies (like Bombay and Madras).
- This meant that from now on, any Governor-General or Governor had the authority to make final decisions, even if their council disagreed, in important situations.
Example: If the council disagreed on an important policy, the Governor-General could still make the decision on his own.
More Control Over Bombay and Madras:
- The Governor-General of Bengal was given more power and control over the governments of Bombay and Madras. These presidencies became more directly under the control of the Governor-General, reducing their independence.
Example: Imagine if the head office in one city got more control over the branch offices in two other cities.
Company’s Trade Monopoly Extended:
- The East India Company was allowed to continue its trade monopoly in India for another 20 years. This meant the company still had exclusive rights to trade in certain goods, like tea, without competition from other businesses.
Example: The East India Company could still control most of the trade in India, ensuring no other British or foreign companies could compete in areas where the Company held a monopoly.
Commander-in-Chief’s Position in Council:
- The Commander-in-Chief (the person in charge of the military) could only be a member of the Governor-General’s council if specifically appointed. This clarified that military leaders weren’t automatically part of the government’s decision-making body.
Example: The military leader could be part of the government meetings, but only if officially invited.
Board of Control Members Paid from Indian Revenues:
- The salaries of the members of the Board of Control (the body in Britain overseeing the Company’s political activities) and their staff were to be paid from Indian revenues (the money collected from taxes and trade in India).
Example: Indian funds were used to pay the British officials who managed the Company’s activities from Britain.
Why This Act Was Important:
The Charter Act of 1793 further centralized the British control over India and extended the East India Company’s influence, ensuring they kept their monopoly on trade. It also formalized the way governors could operate, providing them with more authority and clarifying their relationship with both the British government and military leadership.
Charter Act of 1813
The Charter Act of 1813 brought significant changes to the British East India Company’s role in India, marking a shift in trade, governance, and societal reforms.
Key Features of the Act:
Abolished Trade Monopoly (Except for Tea and China Trade):
- The East India Company lost its trade monopoly in most of India, meaning any British merchant could now trade freely in Indian markets.
- However, the Company was still allowed to keep its monopoly on trade in tea and its trade with China.
Example: Before this act, only the East India Company could do business in India. After the act, other British merchants were allowed to trade in Indian goods, except for tea and dealings with China, which the Company still controlled.
British Crown’s Sovereignty Over Company’s Territories:
- The act declared that the British Crown (the British government) had sovereignty (ultimate control) over all the East India Company’s territories in India.
Example: Even though the Company still managed India, it was made clear that the British government had the final say over everything in Indian territories.
Christian Missionaries Allowed:
- For the first time, Christian missionaries were officially allowed to come to India to spread Christianity and educate the local people.
Example: Missionaries from Britain could travel to India to teach and spread religious ideas, which wasn’t allowed before this act.
Spread of Western Education:
- The act made provisions for the spread of Western education in India. It aimed to educate Indians in subjects like English, science, and Western philosophy.
Example: Schools and colleges began to teach more subjects from the Western world, which were new to many Indians at the time.
Local Governments Could Impose Taxes:
- Local governments in India were given the authority to impose taxes on people and could punish anyone who refused to pay them.
Example: The British administration in Indian regions could collect taxes from local residents, and those who didn’t pay could face penalties.
Why This Act Was Important:
The Charter Act of 1813 marked a turning point for British trade and governance in India. It opened up Indian markets to more British merchants, reducing the East India Company’s control. The introduction of Christian missionaries and the spread of Western education brought new cultural and religious influences to India, changing the social fabric. Additionally, allowing local governments to impose taxes gave more power to British authorities in India.
Charter Act of 1833
The Charter Act of 1833 was a major step towards making British rule in India more centralized and organized, and it made big changes in how the country was governed.
Key Features of the Act:
Governor-General of India:
- The act changed the title of the Governor-General of Bengal to the Governor-General of India. This person now had full control over all British-controlled India, including both civil and military matters.
- Lord William Bentick became the first Governor-General of India.
Example: Before this act, the Governor-General only ruled Bengal. After this act, he was given authority over the entire British territory in India.
Legislative Power Centralized:
- The Governors of Bombay and Madras lost their legislative powers (ability to make laws).
- Now, only the Governor-General of India could make laws for all of British India.
- Laws created before this act were called Regulations, but laws made under this act were called Acts.
Example: Earlier, Bombay and Madras could create their own laws, but now, only the Governor-General could do this for the entire country.
End of East India Company’s Commercial Role:
- The act officially ended the East India Company’s role as a commercial (trading) body. From now on, the Company’s only role was to govern and administer India.
- The Company no longer owned India’s territories; instead, it held them ‘in trust’ for the British Crown.
Example: The East India Company, which had started as a business, could no longer engage in trade. Now, it only governed India on behalf of the British king.
Open Competition for Civil Services:
- The act proposed a system of open competition for the selection of civil servants. It also said that Indians should not be excluded from holding jobs under the East India Company.
- However, this idea faced opposition and was not fully implemented.
Example: The act suggested that Indians should have a fair chance to get jobs in the government. However, this didn’t happen due to resistance from British authorities.
Why This Act Was Important:
The Charter Act of 1833 marked the start of centralized British rule in India by giving the Governor-General power over the entire country and reducing the independence of local governments in Bombay and Madras. It also ended the East India Company’s role in trade, transforming it into a governing body. Though the act proposed a fair chance for Indians in civil services, this provision was not fully carried out, reflecting the challenges of equal opportunities under British rule.
Charter Act of 1853
The Charter Act of 1853 was the final Charter Act passed by the British Parliament concerning India. It brought important changes to the way India was governed, and it set the stage for future reforms.
Key Features of the Act:
Separation of Legislative and Executive Functions:
- For the first time, this act separated the legislative (lawmaking) and executive (administrative) functions of the Governor-General’s Council.
- It created a new legislative council, known as the Indian (Central) Legislative Council, with six additional members who were called legislative councillors.
- This council acted like a mini-Parliament, following the procedures of the British Parliament. This change marked the first time that making laws was treated as a special and separate role of the government.
Example: The council now had a special group whose main job was to discuss and pass laws, just like the British Parliament. Before this, the same group managed both lawmaking and administration.
Open Competition for Civil Service Jobs:
- The act introduced an open competition for selecting and recruiting civil servants.
- This meant that the civil service (government jobs) was now open to Indians, allowing them to compete for positions based on merit.
- As a result, the Macaulay Committee (named after Thomas Macaulay) was formed in 1854 to develop the civil service examination system.
Example: Before this act, only British people could get top jobs in the government. After this act, Indians could also compete in exams to get these positions.
Extension of the East India Company’s Rule:
- The act extended the East India Company’s rule in India, but without setting a specific time limit.
- Previous acts had always set a period after which the Company’s rule could be reviewed. This time, the British Parliament made it clear that the Company’s rule could be ended at any time if Parliament decided to do so.
Example: Unlike before, the East India Company wasn’t guaranteed power for a fixed number of years. Parliament could remove its authority at any moment.
Local Representation in the Legislative Council:
- For the first time, the act introduced local representation in the Indian (Central) Legislative Council.
- Four out of the six new legislative members were to be nominated by the provincial governments of Madras, Bombay, Bengal, and Agra.
Example: People from different parts of India (like Madras and Bengal) now had a say in the lawmaking process, bringing in local perspectives for the first time.
Importance of the Act:
The Charter Act of 1853 marked a significant constitutional shift in British India. It created a legislative council that focused purely on lawmaking, introduced merit-based selection for civil service jobs (allowing Indians to compete), and hinted that the East India Company’s control over India could be ended at any time. It also brought local voices into the legislative process, paving the way for more Indian participation in governance in the years to come