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Important Acts during British Rule in India (1773-1858)

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British East India Company, established as a trading company in 1600, transformed into a ruling body in 1765. Only after the Battle of Buxar, the company got the Diwani of Bengal, Bihar and Orissa regions and gradually, it started interfering in Indian affairs. The period from 1765-72 saw duality in the system of government where the Company had the authority but no responsibility. The company was collecting excessive revenue and this led to oppression of peasantry. There was rampant corruption among employees of the company. The British government decided to regulate the British East India Company with a gradual increase in laws. The company rule ended in 1858 in the aftermath of the Revolt of 1857. Since then, the British Parliament took over the responsibility of administering India.

 

Important Acts introduced by British India Govt between 1773 and 1858

Regulating Act, 1773

• First step taken by the British government to control and regulate the affairs of East India Company. It recognized for the first time, the political and administrative functions of the company and laid the foundation of central administration in India.
• Through this act, for the first time, the British cabinet was given the right to exercise control over Indian affairs.
• This act permitted the company to retain its territorial possessions in India but sought to regulate the activities and functioning of the company.
• The Act changed the post of Governor of Bengal to “Governor-General of Bengal”. Warren Hastings was made the first Governor-General of Bengal.
• The administration in Bengal was to be carried out by the governor-general and a  Governor-Executive General’s Council consisting of 4 members was established.
• Centralizing administration started from this act. It made the governors of Madras and Mumbai presidencies subordinate to the Governor-General of Bengal.
• A Supreme Court of judicature was to be established in Bengal along with appellate jurisdictions where all subjects could seek redressal. It comprised one chief justice and three other judges. In 1774, the Supreme Court was created as the Apex Court in Calcutta.
• It barred the servants of the company from engaging in private trade and accepting bribes. Court of directors of EIC were required to report on revenue, civil and military affairs in India.

Amending Act of 1781

• The act was primarily passed to rectify the defects associated with the regulating act.
• Jurisdiction of the Supreme court was restricted just to Calcutta.
• Civil servants working in their official capacity, revenue collectors, judicial officers were exempted from the jurisdiction of the court.
• Under the Regulating Act, the Governor General in Council was empowered to issue rules, ordinances and regulations but they were to be registered in the Supreme Court.
• The key provision of this Act was to demarcate the relations between the Supreme Court and the Governor-General in Council. It was the first attempt in India towards separation of the executive from the judiciary by defining the respective areas of jurisdiction. 

Pitt’s India Act, 1784

• It established the dual system of control by the British government and the East India Company. The Company became a subordinate department of the State and its territories in India were termed ‘British possessions’.
• British government was given the supreme control over Company’s affairs and its administration in India
• The Court of Directors was in charge of the company’s economic activities, while the Board of Control was in charge of the company’s political concerns.
• A Board of Control was formed to exercise control over the Company’s civil, military and revenue affairs.
• The council of governor-general was reduced to three members including the commander-in-chief. In 1786, Lord Cornwallis was granted the power of both the governor-general and the commander-in-chief.
• In Madras and Bombay, Governor’s Councils were constituted.

Charter Act, 1813

• Napoleonic wars and the miseries it caused prompted the English traders to pressurize the government to end the monopoly in trade that EIC enjoyed. This demand was particularly in view of loss of trade due to the Continental System of Napoleon Bonaparte who sought to cripple England commercially.
• It edded Company’s Monopoly, the Company was deprived of its commercial monopoly and ‘the undoubted sovereignty of the Crown’ over the possessions of the East India Company was laid down. 
• British merchants were allowed to trade in India under a strict licensing system under the Charter Act of 1813. But, the company was allowed to enjoy the monopoly of trade with China and trade in tea and opium.
• The Crown’s control over British colonies in India was asserted by this Act.
• A sum of Rs.1,00,000 annually was provided for the revival of literature, encouragement of learned Indian natives and promotion of scientific knowledge among the Indians. This was the first step towards acceptance of the principle of State responsibility for education.
• The company’s rule was extended to another 20 years.
• The act permitted Christian missionaries to propagate English and preach their religion.

Charter Act, 1833

• The lease of 20 years provided to the Company (under Charter Act, 1813) for the possession of territories and the revenue collection was further extended. However, the Company’s monopoly over trade with China and in tea ended.
• EIC’s commercial activities were ended, and it was converted into an administrative body.
• All restrictions on European immigration and the acquisition of property in India were lifted which paved the way for the wholesale European colonisation of India.
• The post name of Governor-General of Bengal was converted into “Governor-General of India”. He was given the power to superintend, control and direct all civil and military affairs of the Company. It deprived the governor of Bombay and Madras to make laws. All law making powers now vested with the Governor-General of India. All revenues were raised under his authority and he had complete control over the expenditure too. 
• William Bentinck became the first Governor-General of India.
• A Law Commission was established under this act for the consolidation and codification of Indian Laws. Lord Macaulay was the first chairman of this commission
• Lord Macaulay was the first to be appointed as the fourth ordinary member to the Governor-General’s Council for India who was to be a legal expert in the making of laws.

Charter Act, 1853

• The Company’s patronage over the services was dissolved and the Civil services were now thrown open to a competitive examination.
• Local representation was introduced in the legislative wing which came to be known as the Indian Legislative Council. However, promulgation of a law required the assent of the governor-general who could veto any Bill of the legislative council.
• It provided for the separation of executive and legislative functions of the Governor-General’s legislative Council.
• The Act provided for the appointment of a separate governor for the Bengal Presidency.
• The Macaulay Committee on Civil Service was appointed in 1854.

Government of India Act, 1858

• This Act was a resultant of the 1857 Revolt, which had exposed the Company’s limitations in administering under a complex situation.
• It ended the Company Rule. The dual system introduced by the Pitt’s India Act came to an end and India was to be governed by and in the name of the Crown through a secretary of state and a council of 15.
• The title of Governor-general of India was replaced with the Viceroy, he was appointed directly by the British government. The first Viceroy of India was Lord Canning.

 

Lord Cornwallis (Governor-General, 1786-93) was the first to bring into existence and organise the civil services. He abolished the District Fauzdari Courts and established circuit courts at Calcutta, Dacca, Murshidabad and Patna. Under the Cornwallis Code:

• There was a separation of revenue and justice administration.
• European subjects were also brought under jurisdiction.
• Government officials were answerable to the civil courts for actions done in their official capacity.
• The principle of sovereignty of law was established.

 

William Bentinck (Governor-General, 1828-1833) abolished the four Circuit Courts and transferred their functions to the Collectors.

• He established a Sadar Diwani Adalat and a Sadar Nizamat Adalat at Allahabad for the convenience of the people of Upper Provinces.
• The English language replaced Persian as the official language of courts.
• A Civil Procedure Code (1859), an Indian Penal Code (1860) and a Criminal Procedure Code (1861) were prepared as a result of the codification of laws.