Regulating Act Of 1773: Evolution, Background & Provision

Introduction

East India Company (Formed in 1600) began their journey as a purely trading body and gradually acquired political power by interfering in Local affairs. Battle of Plassey (1757) and Battle of Buxar (1764) changed the fate of East India Company (EIC) which, after the regulating act 1773, acquired power in Bengal initially and later on spread its influence on the whole India.

The Transformative Measures of the Regulating Act of 1773 in British India

Regulation of the East India Company: The first step taken by the British Government was to control and regulate the affairs of the East India Company in India.

• • Foundations of Central Administration: Laid the foundations of central administration in India.
  • Recognition of the Political and Administrative Functions of EIC: Regulating act of 1773 recognized, for the first time, the political and administrative functions of the Company.
  • Governor-General of Bengal: Designated the Governor of Bengal as the ‘Governor-General of Bengal’ and created an Executive Council of four members to assist him. 
    • The first such Governor-General was Lord Warren Hastings.
  • Supreme Court: Establishment of a Supreme Court at Calcutta (1774) comprising one chief justice and three other judges.
• Sir Elijah Impey was appointed as the chief justice, and Robert Chambers, Stephen Caesar Lemaistre, and John Hyde were designated as puisne judges
• All were appointed directly by the king.  
• Prohibition of Private Trade and Bribery: Prohibited the servants of the Company from engaging in any private trade or accepting presents or bribes from the Natives.
• Enhanced Government Control Over EIC: Strengthened the control of the British Government over 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.
• Centralization of Authority under the Governor-General of Bengal: Made the governors of Bombay and Madras presidencies subordinate to the Governor General of Bengal, unlike earlier, when the three presidencies were independent of one another.

Amending Act Of 1781: Act Of Settlement & Legal Authority In British India

The Amending Act Of 1781 came into effect on July 5, 1781, primarily as a response to the shortcomings observed in the Regulating Act of 1773.

• Objective: The central objective of this legislative move was to clarify the respective roles and functions of two key entities: the Supreme Court and the Governor-General in Council.
• Exemption from Supreme Court Jurisdiction: It exempted the Governor-General and the Council from the jurisdiction of the Supreme Court for the acts carried out by them in their official capacity.
• Exclusion of Revenue Matters: Excluded the revenue matters and the matters arising in the collection of revenue from the jurisdiction of the Supreme Court.
• Jurisdiction and Law Administration in Calcutta Supreme Court: It provided that the Supreme Court was to have jurisdiction over all the inhabitants of Calcutta and the Court to administer the personal law of the defendants i.e Hindus were to be tried according to the Hindu law, and Muslims were to be tried according to the Mohammedan law. 
• Appeals from Provincial Courts: The appeals from the Provincial Courts could be taken to the Governor-General-in-Council and not to the Supreme Court. 
• Provincial Courts Regulations: Empowered the Governor-General-in-Council to frame regulations for the Provincial Courts and Councils.

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