Charter Acts 1773-1935 PDF

Regulating, Charter and Government of India Acts from 1773 to 1935 By Nimish Kapur Developments before 1773 1765: EIC got diwani Rights after Battle of Buxar (1764) of Bengal, Bihar and Orrisa 1767: First intervention by British Govt. as they demanded 10% of plunder amount 1765-72: Dual...

Regulating, Charter and Government of India Acts from 1773 to 1935 By Nimish Kapur Developments before 1773 1765: EIC got diwani Rights after Battle of Buxar (1764) of Bengal, Bihar and Orrisa 1767: First intervention by British Govt. as they demanded 10% of plunder amount 1765-72: Dual System of Govt where Company had the authority and no responsibility, and its Indian representatives had no authority but all the responsibility Thereafter, British Govt. decided to regulate the company affairs in India Regulating Act of 1773: Provisions Governor of Bengal now became Governor General of Bengal Council of Governor-General was to be elected by the Court of Directors (initially council of four) All four members of the Council had voting rights along with the Governor-General, who had an additional casting vote Created Supreme Court in Calcutta in 1774 with chief justice and three judges Strengthened the control of the British government over the company by requiring the Court of Directors (governing body of the company) to report on its revenue, civil, and military affairs in India  Regulating Act of 1773: Importance First step taken by the Recognised for the first British government time the political and to control and regulate administrative functions the affairs of the East of the company India Company in India.  Role of Governor-General Curtailed. No veto power as well. Field of jurisdiction of Supreme court not defined. Assessment Did not openly assert the sovereignty of the British Crown of the Act Neither gave the British Government definite control over the company nor the directors definite control over the servants Made Bombay and Madras subordinate to Bengal, but this authority was insufficient  Amending Act of 1781 It exempted the Governor- Excluded the revenue Exempted the servants of General and the Council matters and the matters the company from the from the jurisdiction of the arising in the collection of jurisdiction of the Supreme Supreme Court for the acts revenue from the Court for their official done by them in their jurisdiction of the Supreme actions. official capacity Court It laid down that the Provided that the Supreme appeals from the Provincial Court was to have Courts could be taken to jurisdiction over all the the Governor-General-in- inhabitants of Calcutta Council and not to the Supreme Court  Pitt’s India Act of 1784 Created Board of Control Distinguished between the commercial function of the company under the Court of Directors and political functions under the Board of Control. The Board of Control consisted of the chancellor, the secretary of state, and four members of the Privy Council Board of Control was allowed to supervise all civil and military operations of the company. Number of members in the Executive Council was reduced to three, of whom the commander-in-chief was to be one. Importance British Crown was Company’s territories in of Pitt’s given supreme control over India were for the first time India Act the company’s affairs & administration called ‘British Possessions in 1784 in India. India.’  Introduced a new version of dual government i.e., Court of Directors and Board of control. Criticism of the Act Board of Control was empowered to supervise all civil and military operations of the company, but it had no independent executive power Act of 1786 Lord Cornwallis was appointed Governor General of Bengal. He placed two demands to accept this post: Given power to override the decision of his council in special cases Would also be Commander-in- Chief Difference between Regulating Act and Charter Act Regulating Act is to The Charter Acts dealt regulate the affairs of with the Royal Charter for Company in India the EIC towards trade.  Extension of Powers to Governor-General: It extended the overriding power given to Lord Cornwallis over his council, to all future Governor-Generals and Governors of Presidencies. Appointments of Senior Officials: The royal approval was mandated for the appointment of the governor-general, governors, and the commander-in-chief. Charter Act, Senior officials of the Company were debarred from leaving India without permission—doing so was treated as resignation. 1793 Payments of Officials: It laid down that the members of the Board of Control and their staff were to be paid out of the Indian revenues (it continued up till 1919). The Company was also asked to pay 5 lakh pounds annually to the British government (after paying its necessary expenses).  Company rule in India Industrialists saw in had to act as a India a large and facilitator to ensure secure market for conditions of law and Conditions selling their factory goods order to make India a captive market for British goods preceding Charter Act Evangelists of 1813 like Charles Grant & William Wilberforce argued Evangelists wanted the entry of British to missionaries to be assimilate Indians to allowed in India promote civilization and the material prosperity of India.  Charter Act of 1813 Continued the monopoly Asserted sovereignty of Allowed Christian Abolished trade of the company over the British Crown over the missionaries to come to monopoly of the trade in tea and trade Company’s territories in India for enlightening the company in India with China India people Provided for spread of Plan for establishing a education, revival of Sanskrit College in Authorized local literature, and promotion Calcutta, two oriental governments in India to of sciences among colleges in Agra and impose taxes on persons inhabitants of British Delhi and financial aid to territories in India existing madrasas. Criticism of the Act Economic Impact – Deindustrialization of India Promoted forceful religious conversions Opium grown and exported Funding provided for education so to inculcate a sense of commitment among the Company’s officials by forcing them to train the natives  Made Governor General of Bengal as Governor General of India and vested all civic and military powers in him Led to an end of commercial activities of EIC which now became a purely administrative body. EIC’s trade with China and tea also ended Charter Act Territories in India were now to be governed in the name of the crown of 1833 A distinction was made between the executive and legislative duties of the Governor-General in Council. A fourth member was added as the law member of the Governor-General’s Council, who would only participate when legislation was being decided  Separated the executive and legislative functions of the Governor General council. Provided for the addition of six new members called legislative councillors to the council. Charter Act Introduced open competition in Civil services and thus covenanted civil services were now open to Indians. of 1853 Extended the company’s rule and allowed it to retain possession of Indian territories on the trust of the British Crown. But any particular period was not specified, unlike previous charters. This was a clear indication that EIC’s rule could be terminated at any time. Introduced local representation in the Indian Central legislative council, for the first time. Of the six new legislative members of the Governor-General’s council, four members were appointed by the local (provincial) governments of Madras, Bombay, Bengal, and Agra Importance Initiated proper legislative process in India on the lines of the British Parliament. Initiated the entry of Indians into the civil services. Started representative democracy in India by nominating Indians to the legislative council. Criticism Although the Act separated the legislative and executive functions, there was a huge control on the legislative powers of the council. Exam for civil services was opened for Indians, but they need to go to Britain to appear in that Exam. Allowed Indians in the legislature only, but they were not accepted as executive members. Government of India Act 1858 This Act was Also known as enacted in the an act for ‘Good wake of the governance of revolt of 1857. India’. It transferred powers of the It abolished the government, East India territories, and Company revenues to the British Government  Provisions Secretary of State: He (vested with British Crown’s sovereignty: Indian powers of Court of Directors) was to territories of Britain were to be be a British Member of Parliament governed in the name of the British and a Prime Minister’s cabinet Queen. This will be done with Court member. He was to be assisted by a of Directors and Board of Control council of 15 members. He was being scrapped (No more private a mediator between British control on Indian territories). government in Britain and Indian administration. He also had the power to send secret dispatches to India without consulting his council. Through the Lord Stanley was the First Secretary Secretary of State’s office, British of State for India. parliament could ask questions regarding Indian affairs.  Commander-in-Chief of Army was made an extraordinary member of the Council. Law member was to be a barrister and the other three were covenanted servants of the Company. Governor General: He was representative of British government in India and acted as Viceroy (in case of relations with Princely states). Viceroys and governors of the various presidencies were appointed by Crown. Viceroy was to be assisted by an Executive Provisions Council. Lord Canning was first Governor General-cum-Viceroy. (Contd.) Abolitions: This act abolished dual government of Pitt’s India Act 1784,doctrine of lapse and administrative rights of the company. Princely states: It was decided that remaining Indian princes and chiefs (more than 560 in number) would have their independent status provided they accept British suzerainty.  Queen’s Proclamation of 1858 There will be no further acquisition of territories in India by British. Indian princely states will recognise the paramountcy of the British Crown and were to be treated as parts of a single charge. Indians were promised the freedom of religion without interference. Equal and impartial protection under law to all Indians. Importance Now the British Government Led to the stopping of forced directly can be held annexation of Indian Princely responsible for any states. administrative wrong in India. Criticism This Act merely changed the Promise of not annexing ruler but not the Indian Princely state proved governance system in India a false promise because because exploitation and British adopted any possible oppression of the masses method to engulf increased continued even after territories in India even after enactment of this act. 1857.  Indian Council Act of 1861: Need There was rising resentment among different classes of Indians who demanded representation in government services. East India Company’s governing style was offensive and exploitative in nature. Post-1857, there was a need to bring some barometer or safety valve in the shape of a deliberative council. Due to over-centralisation under the Charter Act of 1833, central administration was not worried about local issues and challenges.  Provisions Gave recognition to portfolio system Empowered Viceroy to issue ordinances, without the concurrence of the legislative council, during an emergency. Beginning of representative institutions by associating Indians with law-making process. Provided that Viceroy should nominate some Indians as non-official members of his expanded council. Lord Canning nominated Raja of Banaras, Maharaja of Patiala and Sir Dinkar Rao. Provided for establishment of new legislative councils for Bengal, North-Western Provinces and Punjab. Law member in executive council: A fifth member (a jurist, not a practising lawyer) was added to Viceroy’s Executive Council Viceroy’s Executive Council was enlarged Role of legislative council (created under Charter act of 1853) was made limited to only legislative without any control over administration or finances.  Importance Ordinance making power: which is still used in Indian polity Initiated representative government by incorporating Indians into Legislative council Number of non-official members in the Council was to be raised between 10-16 in 1892 and 60 in 1909 reforms. Portfolio System facilitated the work of the Council and allowed Government of India to cope with the steadily growing volume of work  Criticism Despite introducing decentralization, Viceroy’s council could make the laws for the whole of British India on any subject Legislative councils could not possibly be called true legislature Council was strictly confined to legislation, and it was not allowed to interfere in the work of executive Legislation on certain specified matters could only be introduced with the prior consent of Viceroy and no act passed by the Council was valid till it was ratified by him Indian Council Act of 1892: Need Reforms grudgingly conceded were always found inadequate, occasioned disaffection and evoked demand for further reforms. Element of non-official in the Act of 1861 did not even represent the people. It consisted of either big zamindars, retired officials or Indian princes. Rise of nationalism in the second half of nineteenth century New political development in the form of Congress laid the demand for more political representation of Indians in the government. Role of Governor-General: Lord Dufferin sent a proposal to England for liberalizing the council  Indian Council Act of 1892: Provisions It increased the number of It increased the functions of additional (non-official) legislative councils and gave It provided for the nomination members in the Central and them the power of discussing of some non-official members provincial legislative councils the budget and addressing of the but maintained the official questions to the executive. majority in them. Central Legislative Council by that of the provincial legislative the viceroy on the councils by the Governors on recommendation of the the recommendation of the provincial legislative councils district boards, municipalities, and the Bengal Chamber of universities, trade associations, Commerce, and zamindars and chambers  India Council Act of 1892 failed to meet legitimate demands of Congress. Works of R.C. Dutt and Dadabhai Naoroji exposed the policies of British that economically ruined India Autocratic policies of Lord Curzon such as Indian Universities Act of 1904, Calcutta Corporation Act of 1899 and Partition of Bengal in 1905 exposed the intentions of colonial rule. Indians in a foreign land, especially in South Africa were humiliated as an I NDIA N CO UN CI L inferior race, which hurt the national sentiment. ACT O F 19 09 : R E A SO N S Famines and bubonic plague enhanced distress and misery of the masses. Shattering blow to White man’s prestige in 1904-05, when Japan defeated Russia which awakened new hope. Intensity of swadeshi and spread of extremism created it necessary to bring constitutional reforms. Reforms were preceded by Shimla Deputation in October 1906 where a group of Muslim elites led by Agha Khan met Lord Minto and demanded separate electorates for Muslims  Separate electorates for Muslims Recognition of elective principle for the first time for non-official membership of the councils. Indians could participate in elections of legislative councils. In Indian Legislative council and Provincial Legislative councils, membership was extended. In Provincial councils, a non- PROVISIONS official majority was introduced. Elected members were to be indirectly elected. Local bodies would elect an electoral college and then this college would elect provincial legislatures, which in turn would elect Central legislatures. Legislatures were given power to ask questions, pass resolutions and vote on different items of budget. One Indian could now be appointed as a member of Viceroy’s executive council. Satyendra Nath Sinha became the first Indian to be appointed in 1909.  EVALUATION Though Indians were allowed Introduction of elective Reforms did not address to participate in elections principles laid the groundwork qualifications of for parliamentary system in demand for self-government as demanded by the Indians. class, community and property India. narrowed the franchise. Separate electorate was the most detrimental step which aimed at dividing the nationalist Budget could not be voted The system of election was ranks. Also, the lower income upon. No real responsibility was conceded. made too indirect. qualification for Muslims created mistrust between the communities.  Reforms of 1909 did not satisfy any section. Government of India Act, As World War I went on, the emergence of the doctrine of self-determination, deeply influenced Indian public opinion. 1919 : Need A committee was appointed which together with the Viceroy helped Montagu prepare the draft of a reform scheme which was published in 1918 as Montagu Chelmsford Report based on which Government of India Act, 1919 was drafted Major provisions Indian Legislative Council at the Centre was replaced by a bicameral system consisting of a Council of State (Upper House) and a Legislative Assembly (Lower House). Communal representation was extended further with separate electorates for Sikhs, Christians and Anglo- Indians, besides Muslims. Provinces were given power to decide on women’s representation in provincial assemblies. It introduced dyarchy in the provinces, which indeed was a substantial step towards transfer of power to the Indian people. However, provincial legislature was to consist of one house only (legislative council). It separated the provincial and central budgets, with provincial legislatures being authorised to make their budgets. A High Commissioner for India was appointed  Though a step was taken towards increasing association of Indians by raising their strength to 3 in Viceroy’s council, the departments assigned to them were comparatively unimportant. Nor were these members made responsible to the legislative. Division of subjects into two lists was not. Clear-cut or Analysis based on proper consideration. Chief executive authority remained with Governor- general. Communal politics of British was strengthened. Congress decided not to participate in the Third-Round Table Conference (November-December 1932). The discussion led to the coming up of the Government Act of India Act of 1935, which was the longest act of British Parliament. Principal sources included: Simon Commission report, Nehru report, Round Table Conference (RTC) discussions, White paper and Lothian Committee report  § Provincial autonomy replaced dyarchy, were now to derive legal authority directly from the crown and provided with provincial autonomy. § Executive: Crown authority was represented by MAIN FEATURES: the Governor. Governor was also provided with special powers in the case of minorities, law and order, princely states etc. He was also provided PROVINCIAL with emergency powers. LEVEL § Legislature: Separate electorate was to be applied. Direct election to elect members of the legislature. Ministers were to administer all provincial subjects being answerable & responsible to the legislature. It could legislate on provincial and concurrent lists.  § Federal court (established in 1937) with appellate and original jurisdiction, however in certain cases appeals are to be made to the privy council in London. § The act established Reserve Bank of India (1935). OTHER § Communal and separate electorates were PROVISIONS retained and extended to groups such as Anglo- Indians and Indo-Christians. § Women were given reservations in Provincial and central legislature. § Enlarged the electorate but due to high property qualifications only 10% of the population was enfranchised. Jawaharlal Nehru described the 1935 act as “a machine with strong brakes and no engine.” Provincial Autonomy Act did not mention the dominion status Fundamental Rights as mentioned in Nehru Report were not given in the act The act was riddled with safeguards which were designed to protect British Interests Provided for limited responsible government Dyarchy at centre was still provided though opposed by the Simon Commission Retainment of separate electorates on communal lines