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Constitutional Development of India Constitutional Development From 1773 to 1947 OBJECTIVE IAS www.objectiveias.in 1 British came to India as traders, and with the passage of time, they became its rulers. In 1600 AD, the British East India Company was granted a charter to trade in East. The company obtained exclusive right to trade with India for 15 years, and then renewed gradually. A series of acts, beginning from regulating act 1773, were passed to regulate the affairs of the company; renew its charters; provide for government in India; provide for civil and criminal laws and so. Thus, the constitutional history of India begins from the Regulating Act 1773. Regulating Act of 1773 was the first landmark in the constitutional development of India. Via this act, the British Parliament for the first time interfered into affairs of India. The Prime Minister of England at the time of Regulating Act of 1773 was Lord North. Administration of the Company at the time of the Regulating Act 1773 Administration of the East India Company in England was managed by a body of 24 directors called Court of Directors. This Court of Directors was elected by shareholders of the company on an annual basis. The collective body of these shareholders was called the Court of Proprietors. The day-to-day functioning of the East India Company was done by the committees of the Court of Directors. In India, three presidencies were established at Bombay, Madras and Kolkata under a President called Governor-General and his Council or Governor in- council. All the powers were lodged into the Governor-in-Council, and nothing could be transacted without the majority of the votes in the council. These presidencies were independent of each other, and each of them was an absolute government in its own limits, only responsible to the Court of Directors in England. Regulating Act of 1773 (Recognized the Political and Administrative functions of the Company; Passed by Lord North). The company was going into losses since 1768 because of the loss of tea sales to America & corruption. About 85% of all the tea in America was smuggled Dutch tea. The East India Company owed money to both the Constitutional Development OBJECTIVE IAS 2 Bank of England and the government. The first step was taken by the British Parliament to control and regulate the affairs of the East India Company in India. • The post of 'GOVERNOR' was now made 'GOVERNOR-GENERAL' and Bengal was the first province to have Warren Hastings as the first Governor-General. An executive council of four members assisted him. • It laid down the foundation of central administration in India. • Governors of Bombay and Madras presidencies were subordinated to the governor-general of Bengal. • The Supreme Court at Calcutta was established with one chief justice and three other judges. Sir Elijah Impey was the Chief Justice. • Court of Directors was the governing body of the Company. COD reported to the British Government on several matters. • Under this Act, a government was established in the Calcutta Presidency, in which the Governor-General and four members of his executive council used their power jointly. Regulating Act of 1773 was amended in 1781, also known as the Act of Settlement. The 1781 amendment exempted the actions of the public servants in the company in their official capacity from the jurisdiction of the Supreme Court. The Supreme court’s geographic jurisdiction became limited to only Calcutta. Revenue collectors (including Zamindars) and judicial officers of the company courts were exempted from Jurisdiction of the SC. By this act, Governor of Calcutta was authorized to frame law for Bengal, Bihar and Orissa. Pitts India Act of 1784 (Distinguished between the Commercial and Political functions of the Company) Constitutional Development OBJECTIVE IAS 3 Created another body- ‘BOARD OF CONTROL’ to manage political affairs in India. COURT OF DIRECTORS kept on managing commercial affairs though (i.e., System of Double Government). • Thus, the Company’s possessions were for the first time called ‘British possessions in India’. • The Act was introduced by the then British Prime Minister William Pitt. • Apart from the Secretary of State and the Finance Minister, four other members were appointed to this board, who were appointed by the British crown. Act of 1786 • Pitt passed the Act of 1786; whose main objective was to prepare Cornwallis for the post of Governor-General of India. • Under this Act, the powers of the Chief Commander were also vested in the Governor-general. • The Governor-General could cancel the decisions of the Council at a particular stage, also implement the decisions. Charter Act of 1793 • The Charter Act 1793 or the East India Company Act 1793 was passed by the British Parliament to renew the charter of East India Company. This act authorized the company to carry on trade with India for next 20 years. • More Powers to Governor-General - In this act, the Governor-General was empowered to disregard the majority in the Council in special circumstances. Thus, more powers were entrusted in him. The Governor- General and respective governors of the other presidencies could now override the respective councils, and the commander in chief was not now the member of Governor General’s council, unless he was specially appointed to be a member by the Court of Directors. • Separation of revenue and judiciary functions - This act reorganized the courts and redefined their jurisdictions. The revenue administration Constitutional Development OBJECTIVE IAS 4 was divorced from the judiciary functions, and this led to the disappearing of the Maal Adalats. Charter Act of 1813 • Due to Napoleon’s continental system & the policy of Free trade in England at the time of Industrial Revolution. • Ended the monopoly of the trading rights of British East India Company and allowed other companies to participate in trading activities with India. • However, the Company’s monopoly to trade with China and trade in tea with India was kept intact. • It defined the constitutional position of the British territories in India for the very first time. • Provision was made to set aside Rs 1 lakh to educate the Indians by the Company. Charter Act of 1833 • East India Company was deprived of its commercial privileges which it enjoyed so far. • Governor-General (of Bengal) became the Governor-General of India. First Governor-general of India was Lord William Bentick. This was the final step towards centralization in British India. • Beginning of a Central legislature for India as the act also took away legislative powers of Bombay and Madras provinces. • The Act ended the activities of the East India Company as a commercial body and it became a purely administrative body. • The charter act of 1833 legalized the British colonization of India and the territorial possessions of the company were allowed to remain under its government, but were held “in trust for his majesty, his heirs and successors” for the service of Government of India. • The number of the members of the Governor General’s council was again fixed to 4, which had been reduced by the Pitt’s India act 1784. However, certain limits were imposed on the functioning of the 4th Constitutional Development OBJECTIVE IAS 5 member. For example, the 4th member was not entitled to act as a member of the council except for legislative purposes. For the first, this fourth members of the council were Lord Macaulay. • The charter act of 1833 is considered to be an attempt to codify all the Indian Laws. The British parliament, as a supreme body, retained the right to legislate for the British territories in India and repeal the acts. Further, this act provided that all laws made in India were to be laid before the British parliament and were to be known as Acts. In a step towards codifying the laws, the Governor-General-in-Council was directed under the Charter act of 1833, to set up an Indian law Commission. • The Charter Act of 1833, declared that “no native of the British territories in India, nor any natural-born subject of His majesty” therein, shall by any reason only by his religion, place of birth, descent, colour or any of them be disabled from holding any place, office or employment under the company”. Thus, the Charter act of 1833 was the first act which made provision to freely admit the natives of India to share an administration in the country. The charter act of 1833 also provided the Haileybury college of London should make quota to admit the future civil servants. However, this system of open competition was not effectively operated in the near future. Charter Act of 1853 • In England, the Charter Act of 1853 reduced the number of Directors of the Company from 24 to 18. Out of these 18, six were to be appointed by the crown. • Charter Act of 1853 marks the expansion of the Council of the Governor- General for legislative purposes. The fourth member was placed at an equal status with other members. The council of legislative purposes which had six members now was expanded to 12 members. These 12 members were the Governor-General, the commander in Chief, Members of the Governor General’s Council=4, Chief Justice of the Supreme Court (Calcutta) =1, a regular judge of the Supreme court Calcutta=1, Constitutional Development OBJECTIVE IAS 6 representative members drawn from the company’s servants with ten years minimum tenure and appointed by the local governments of Bengal, Madras, Bombay and North Western provinces=4. [Total =12] • Charter Act of 1853 deprived the Court of Directors of its right of Patronage to Indian appointments, and now it was to be exercised under the regulations.
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