Charter Act Under Company Rule ( 1793-1853)

Introduction

Before 1857, the British Parliament passed several Charter Act that significantly influenced the governance and administration of British India. These acts were pivotal in shaping the relationship between the British East India Company and the British government, as well as in defining the structure of colonial rule.

Provision of Charter Act of 1793

• Extension of  Overriding Power: Extended the overriding power given to Lord Cornwallis over his council, to all future Governors-General and Governors of Presidencies.
• Enhanced Governor-General’s Powers: Gave the Governor-General more powers and control over the governments of the subordinate Presidencies of Bombay and Madras.
• Extension of EIC’s Monopoly: Extended the trade monopoly of the Company in India for another period of twenty years.
• Separation of Commander-in-Chief: Provisions were made so that the Commander-in-Chief was not to be a member of the Governor-General’s council unless he was so appointed.
• Funding from Indian Revenue: It laid down that the members of the Board of Control and their staff were, henceforth, to be paid out of the Indian revenues.

CHARTER ACT OF 1813

• End of EIC’s Trade Monopoly: It ended the trade monopoly of the East India Company in India as Indian trade was thrown open to all British merchants, except the company’s monopoly in trade with China and trade in tea.
• British Crown Sovereignty: It asserted the sovereignty of the British Crown over the Company’s territories in India.
• Empowerment of Local Governments: Empowered the Local Governments in India to impose taxes on persons and to punish those who did not pay them.
• Extension of EIC’s Rule: The company’s rule was extended for another 20 years.
• The powers of the Board of Control were further extended.
• Permission for Christian Missionaries: The Act granted permission to the persons who wished to go to India to promote moral and religious improvements.
• Investment in Indian Education: The act contained a provision that the Company should invest Rs. 1 Lakh every year in the education of Indians.
• Regulation of Company’s Accounts: The Act regulated the company’s territorial revenues and commercial profits. 
  • It was asked to keep its territorial and commercial accounts separate.

CHARTER ACT OF 1833

• All-India Character of British India: The Act was the final step towards centralization in British India as its reconstitution under the new model of administration gave it an All-India character.
• Legalization of British Colonization: It legalized the British colonization of India as the East India Company converted from a commercial body to an administrative body. 
  • Now its territories were held as ‘in trust for His Majesty, His heirs and successors’.
• End of Company’s Monopoly on China Trade and Tea: It ended the company’s monopoly over trade with China and in tea.
• Establishment of Government of India and India Council: The Governor-General’s government was called the “Government of India”, and the council was called the “India Council”.
• Elevation to Governor-General of India: The Governor-General of Bengal to be designated as the “Governor-General of India” and was vested with all civil and military powers. 
  • Lord William Bentinck became the first Governor-General of India.
• Centralization of Legislative Powers: The Governor-General of India had legislative powers over the entire British India. Thus, the Governors of Bombay and Madras lost their legislative powers. 
  • Now the laws made under this act were called “Acts”, unlike earlier regulations.
• Council’s Legislative Authority: The Governor-General in the council had the authority to amend, repeal, or alter any law in British Indian territories.
• Attempted Open Competition for Civil Servants: It attempted to introduce a system of open competition for the selection of civil servants, though it was negated after opposition from the Court of Directors. 
• Indian Law Commission (1834): This was established to codify all Indian laws. 
  • The first Law Commission had Lord Macaulay as its chairman.

CHARTER ACT OF 1853

• Final Charter Act: It was the last in a series of Charter Acts passed by the British Parliament between 1793 and 1853.
• Separation of Legislative and Executive Functions: It separated the legislative and executive functions of the Governor-General’s council for the first time.
• Introduction of Local Representation: For the first time, It introduced local representation in the Indian (Central) Legislative Council. 
  • It provided for the addition of six new members called legislative councilors to the council (12 in total).
• Reduction in Number of Board of Directors: The number of Board of Directors was reduced from 24 to 18, out of which 6 people were to be nominated by the British Crown.
• Mini-Parliament: The legislative wing of the council functioned as a “Mini-Parliament”, adopting the same procedures as the British Parliament.
• Introduction of Open Competition for Civil Servants: Introduced an open competition system for the selection and recruitment of civil servants. 
  • The covenant civil service was also thrown open to the Indians. 
• • The Macaulay Committee was appointed to the Indian Civil Service in 1854.
• Expansion of Law Member’s Role: The law member (fourth member) became a full member with the right to vote.

Conclusion

These Charter Act reflect the evolving relationship between the British East India Company and the British government, as well as the changing objectives and policies of British colonial rule in India. They laid the groundwork for the subsequent transformation of British India into a more centralized and controlled colonial administration.

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