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Constitutional Development-Regulating Act 1773 to Charter Act 1853

The British administration can broadly be divided into two phases, that is

1. The Company Administration (1773-1857)

2. The Crown Administration (1858-1947)

The following are the important Acts, regulations and developments which eventually led to
the development of the present-day Indian polity.

Royal Order of 1600 AD (Charter)

Queen Elizabeth I granted the right to trade for 15 years -31st Dec, 1600.
All the powers of the company were vested in the 24-member council.

Charter of 1726
The Governors of Calcutta, Bombay and Madras Presidencies were empowered to make laws.
Earlier this power was vested in the Board of Directors based in England.

The Company Administration

Regulating Act - 1773: (Recognized the Political and Administrative functions of the Company;
Passed by Lord North)

(1) The post of 'GOVERNOR' was now made 'GOVERNOR-GENERAL' and Bengal was the
first province to have Warren Hastings as the first Governor-General. An executive council
of four members assisted him.
(2) It laid down the foundation of central administration in India.
(3) Governors of Bombay and Madras presidencies were subordinated to the governor-general of
Bengal.
(4) The Supreme Court at Calcutta was established with one chief justice and three other judges.
Sir Elijah Impey was the Chief Justice.
(5) Court of Directors was the governing body of the Company. COD reported to the British
Government on several matters.
(6) Under this Act, a government was established in the Calcutta Presidency, in which the
Governor-General and four members of his executive council used their power jointly.

Regulating Act of 1773 was amended in 1781, also known as the Act of Settlement. The 1781
amendment exempted the actions of the public servants in the company in their official capacity
from the jurisdiction of the Supreme Court. The Supreme court’s geographic jurisdiction
became limited to only Calcutta.

Revenue collectors (including Zamindars) and judicial officers of the company courts were
exempted from Jurisdiction of the SC.

By this act, Governor of Calcutta was authorized to frame law for Bengal, Bihar and Orissa.
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Pitt’s India Act – 1784: (Distinguished between the Commercial and Political functions of the
Company)

(1) Created another body- ‘BOARD OF CONTROL’ to manage political affairs in India.
COURT OF DIRECTORS kept on managing commercial affairs though (i.e. System of
Double Government).
(2) Thus, the Company’s possessions were for the first time called ‘British possessions in India’.
(3) The Act was introduced by the then British Prime Minister William Pitt.
(4) Apart from the Secretary of State and the Finance Minister, four other members were
appointed to this board, who were appointed by the British crown.

Act of 1786

Pitt passed the Act of 1786, whose main objective was to prepare Cornwallis for the post of
Governor General of India.

Under this Act, the powers of the Chief Commander were also vested in the Governor General.

The Governor General could cancel the decisions of the Council at a particular stage, also
implement the decisions.

Charter Act – 1793:

Father of Civil Services in India – Lord Charles Cornwallis because of his efforts to modernize
civil services in India.

The company's trading rights were extended for 20 years.

Through this, arrangements were made to pay the salaries of the members and employees of the
Control Board out of the Indian revenue which continued till 1919.

The Commander in Chief 's right to automatically be a member of the Governor General's
Council ceased.

Charter Act – 1813:

(1) Ended the monopoly of the trading rights of British East India Company and allowed
other companies to participate in trading activities with India.
(2) However, the Company’s monopoly to trade with China and trade in tea with India was
kept intact.
(3) It defined the constitutional position of the British territories in India for the very first time.
(4) Provision was made to set aside Rs 1 lakh to educate the Indians by the Company.
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Charter Act – 1833: (Final step towards Centralization in British India)

(1) Created the post of ‘GOVERNOR GENERAL OF INDIA’ in place of Governor-General of

Bengal. The presidencies of Madras and Bombay were taken away with their respective
legislative powers and were made subordinate to the Presidency of Calcutta.
(2) William Bentick was the first Governor-General of India.
(3) This Act completely ended the commercial activities of the Company. The Company
existed, but it became a purely administrative body.
(4) Laws formulated under this Act were called as Acts (earlier these were called
Regulations).

Charter Act – 1853: (Last Charter Act)

(1) Distinguished between the Legislative and Executive functions of the Governor General’s
council.
(2) Established a separate Governor General’s Legislative council with 6 legislative councillors.
(3) Local representation in the Indian Legislative Council was introduced, i.e. of these 6 new
legislative members, 4 were appointed by local governments of Bengal, Madras, Bombay
and Agra.
(4) Introduced an open system of competition for Indians into Civil Services. Macaulay
committee was formed (1854) for this purpose. Satyendra Nath Tagore became the first
Indian to qualify that service in 1863.

NOTE: Father of Civil Services in India – Lord Charles Cornwallis, because of his efforts to
modernize civil services in India.