Evolution of Charter Acts in India
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- Restriction on British Trade: In Europe, the spirit of laissez-faire and Continental System of Napoleon Bonaparte’s had prohibited the import of British goods into French allies in Europe.
- The British traders and merchants suffered heavily by this move.
- Leniency towards Traders: The Charter Act 1813 (East India Company Charter Act 1813) sought to redress the grievances of the British traders and merchants.
- This act terminated the monopoly of the British East India Company over the commercial trade in India. It also extended the tenure of EIC by 20 years.
Features of Charter Act 1813: Revolutionizing Trade, Governance, and Empowerment in India
| Termination of Monopoly: |
The Act abolished the East India Company’s commercial monopoly in India, with the exception of its monopolies in trade with China and trade in tea.
- Subject to these restrictions, Indian trade is open to all Englishmen.
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| British Crown’s Control Defined |
This was explicitly defined for the first time the constitutional position of British dominion over the Indian lands of the Company. |
| Christian Missionaries |
The Act granted permission to the persons who wished to go to India for promoting moral and religious improvements. |
| Educational Grant |
To educate Indians, companies should invest Rs. 1 Lakh every year on the education of Indians.
- The British recognised the responsibility of the state in promoting education in India.
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| Other Features |
- Separation Territorial and Commercial accounts: The Act regulated the company’s territorial revenues and commercial profits. It was asked to keep these accounts separate.
- Empowered the Local Governments: This act empowered the local government to impose taxes on persons and to punish those who did not pay them.
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Charter Act Of 1833: Revolutionizing Indian Governance and Shaping British Rule
Circumstances that led enactment of Charter act 1833:
- During Charter Act 1813 and 1833 there were sea changes in England owing to the Industrial revolution and the Machine age.
- In 1830 ,the Whig government in England supported the Rights of Man and Liberal ideas.The great reform act was passed in 1832.
- The Doctrine of Laissez-faire was being widely accepted.
- It was in this atmosphere of reform parliament was called upon to make changes in Indian Administration which came in the form of Charter Act 1833.
Features of Charter Act 1833 in Indian Governance
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| Governor-General of India |
- The Act designated the Governor-General of Bengal as the “Governor-General of India” and gave him complete control over both civil and military affairs, representing a significant shift in governance initiated by the Charter Act 1813.
- Lord William Bentinck served as India’s first Governor-General of India.
- The members of the Governor General’s council increased to 4 from 3.
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| Final Step Towards Centralization |
It paved the way to reconstitute the administration on a new model to give it an all India character, building on the centralization trends initiated by the Charter Act 1813.
- The governor general council was given the power to control, supervise and direct the civil and military affairs of the company.
- Madras, Bombay and Bengal were placed under tight control of Governor general council
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| System of Open Competitions |
The Act attempted to introduce a System of open competitions for the selection of civil servants.
- However, this provision was negated after opposition from the Court of Directors, showcasing the ongoing tension in administrative reforms initiated by earlier acts, including the Charter Act 1813.
- Also, the High post of Civil and Military was shut for the Indians. Indians could only hold minor jobs.
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| Company’s Trade with China Ended |
It ended the company’s monopoly over trade with China and tea ended and tea, continuing the trend of reducing commercial monopolies initiated by the Charter Act 1813.
- It was also asked to end its commercial affairs as early as possible.
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| Legalizing the British Colonization of India. |
- The East India Company was transformed from a commercial organization to an administrative one, legalizing the British colonization of India.
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| First Indian Law Commission Established |
In order to codify all Indian laws, the Indian Law Commission was founded in 1834. Lord Macaulay served as the first Law Commission’s chairman. |
| Abolition of Slavery |
The Act commanded the Governor General in Council to take action to lessen the slavery that has persisted in India since the Sultanate Era.
- By Act V of 1943 slavery was abolished in India.
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| Other features |
- As the company lost its commercial function It became a purely Administrative body.
- This act also ended all restrictions on European Immigration and their rights to purchase property in India.
- The government held the Company’s Indian possessions “in trust for His Majesty, His heirs and successors.”
- In contrast to this act, legislation made under the prior acts were referred to as “Regulations” instead of “charter act 1813”.
- All revenue has to be raised under the authority of the Governor general council who also has control over expenditure.
- The Act also enlarged the executive council thus a fourth member was added as a Law Member.
- The Governor-General’s government was called “Government of India” and the council was called “India Council”.
- Any legislation in the British Indian territory might be amended, repealed, or changed by the Governor-General in Council.
- The Act outlined guidelines for the construction of Christian institutions in India, and the number of bishops was increased to 3.
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- Note: First Law Commission of independent India (Chairman-M.C. Setalvad) (neither a constitutional body nor a statutory body) was established in 1955 for a three-year term. Since then, twenty-one more Commissions have been established.
- The Government of India has constituted the 22nd Law Commission of India for a period of three years with effect from 21st February, 2020. The term of 22nd Law Commission has since been extended up to 31stAugust, 2024 (Chairman Justice Ritu Raj Awasthi)
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Background for enacting Charter Act 1853: Addressing Administrative Challenges and Colonial Expansion
- Delays in Administration: There was growing demand that double government of the Company should be ended in England because it was observed that existence of a court of directors and Board of controllers led to unnecessary delays in administration.
- Dual Role of Governor: Governor general of India was also performing as a governor of Bengal hence neglect of other provinces.
- Administration of Acquired territories: Many political changes occurred since the passing of the last act, Sind(1843) and Punjab(1849) had been annexed by the British. These acquired territories needed to be administered.
- Reforms in Administration: There was demand (Also in England too) for decentralization of power and for giving an Indian share in management of affairs of their own country.
- Under these circumstances the British government called to renew the charter of the company which led to passing of Charter Act 1853.
Features of the Charter Act 1853: Shaping India’s Governance with Parliamentary Initiatives and Administrative Overhaul
| Governor-General’s Legislative Council: |
For the first time, the legislative and executive functions of the Governor-General’s council were defined.
- Legislative councilors to the council to have additional 6 members.
- The law member was made a full member of the Governor executive council
- Provisional representation was of a civil servant who had served India for 10 years.
- This council’s legislative branch operated as a “mini-Parliament” and followed the same rules as the British Parliament.
- It marks the beginning of the Parliamentary system in India, reflecting changes initiated by the Charter Act 1813.
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| No Definite Time Frame to Company |
Company to hold the territories and revenues in India in trust for the crown for an unspecified amount of time contrary to earlier Charter Act 1813 which was given a 20 years extension. |
| System of Open Competition: |
- Civil Services thrown open to all. No discrimination could be made while making an appointment.
- As a result it ended the Court of Directors power of patronage in appointing Civil Servants, a departure from the practices established by the Charter Act of 1813.
- Macaulay Committee was appointed to enforce this scheme on Indian Civil Service in 1854.
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| Final Charter Act: |
This was the Final charter act 1813 that the British Parliament passed between 1793 and 1853. |
| Other Features |
- The Board of Directors was reduced from 24 to 18, with the British Crown to designate 6 of those 18.
- The Court of Directors was empowered to incorporate the newly acquired territories.
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Conclusion
- Apathy towards Native: Centralization of Administration which began from Regulating act 1773 which reached its climax in Charter act 1833 (and earlier in Charter Act 1813). This centralization neglected native people’s share in the administration.
- Selfish Motives: During this process the British tried to administer India as per their demand and needs by enacting various charter act 1813 and policies.
- High Political Aspirations: Continuous annexation of states by devolving various strategies Like (Doctrine of lapse, Ring fence policy, Misgovernance policy etc) alienated native people from the rulers.
- Besides, discrimination at every stage causes discontent among Indians which culminated into India’s first war of Independence 1857 against foreign rule.
- End of the Company Rule: The Sepoy Mutiny of 1857 marked the end of the Company Rule, leading to the transfer of power from the East India Company to the British Parliament.
- This event, along with the Charter Act 1813 and subsequent developments, played a crucial role in shaping the future of India, ultimately leading to its independence in 1947.
Previous Year Question (Prelims)
Q. Consider the following statements about ‘the Charter Act 1813: [2019]
- It ended the trade monopoly of the East India Company in India except for trade in tea and trade with China.
- It asserted the sovereignty of the British Crown over the Indian territories held by the Company.
- The revenues of India were now controlled by the British Parliament.
Which of the statements given above are correct?
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
