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CONSTITUIONAL DEVELOPMENTS UNDER BRITISH

RULE(BEFORE 1857)
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Constitutional Developments under British Rule

▪ British East India Company came to India as a trading company.
▪ Driven by its economic motives, it gradually acquired political power and revenue-yielding territories and became an
empire in itself.
▪ The British government soon realized that the Company could no longer be allowed to remain outside the ambit of
the state.
▪ Accordingly, British Parliament subjected the Company to control through various constitutional laws and acts.
▪ These acts and laws can be understood in terms of their phases.
Phase I – Regulations & Constitutional Developments up to 1858
Phase II – Constitutional Developments post 1858
▪ In this part we will focus on first phase of Constitutional Developments under British Rule.
▪ Under this phase, the following are the most important regulations and acts:
1. Regulating Act of 1773
2. Pitts India Act 1784
3. Act of 1786
4. Charter Act of 1793
5. Charter Act of 1813
6. Charter Act of 1833
7. Charter Act of 1853
8. Government of India Act 1858

Regulating Act of 1773

Regulating
Act of 1773

Factors Main
Limitations of Significance
behind the Provisions of
the Act of the Act
Act the Act

Factors behind Regulating Act of 1773

Factors behind
Regulating Act
of 1773

Socio-Political Jealousy among Financial Crisis

Administrative
Corruption in Englishmen in in East India
Chaos in Bengal
Britain Britain Company

Administrative Chaos in Bengal

▪ The British (Robert Clive) had established a system of Dual Administration in Bengal.
▪ A fatal divorce of power from responsibility was inherent in this dual system. Consequently, it led to breakdown of
administration and Law & Order in Bengal.
▪ Company’s demand for high land revenues led to gross oppression of the peasantry.
▪ Abuse of private trade reached a greater height than ever before.
▪ Amidst this, British Parliament felt necessary to impose some regulations on Company.

Socio-Political Corruption
▪ With rampant abuse of private trade privileges in India, the Company’s employees amassed huge wealth.
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▪ Company’s employees began using their newly amassed wealth to spread social & political corruption in Britain.
▪ Company bought seats in the House of Commons for its agents. Consequently, many thinkers & Statesmen began to
fear that the Company may grab dangerous supremacy in British government and felt necessary to impose regulations
on it.

Jealousy Among Englishmen In Britain

▪ The wealth amassed by Company’s officials gave rise to jealousy in Britain. Newly rising ‘free enterprises’ also aspired
for a share in profits from Indian trade.
▪ Hence, these enterprises wished to end monopoly of East India Company and therefore criticized the administration
of Company in Bengal.
▪ Company’s officials were given a derisive title of “Nabobs” – which became a symbol of corruption and exploiters of
India.

Financial Crisis In East India Company

▪ By 1770, continuous wars and expansionist policy had pushed EIC on the brinks of bankruptcy.
▪ It was in the debt to the tune of 6million pound and felt incapable of paying even the salaries of its employees.
▪ In 1772, the company approached Lord North (Prime Minister of Great Britain) and requested him for a loan.

Immediate Context Of Regulating Act Of 1773

▪ When in 1772 EIC turned to Lord North for help, he grasped the opportunity and moved British
Parliament for appointment of a select committee to look into the affairs of Company & submit
a report.
▪ Based on committee’s report, Lord North presented his famous Bill on 18 May, 1773.
▪ Although the bill faced fierce opposition from Company & its supporters but it eventually got
passed.
▪ Once passed the Bill by Lord North came to be known as Regulating Act of 1773.
▪ It became the first significant step towards Parliamentary regulation of Indian Administration.
▪ Company’s loan needs were also catered to by a separate act. Consequently, Company was
granted a loan of 1.4 Million Pounds at 4% interest rate.

Salient Provisions under Regulating Act of 1773

Salient Provisions
under Regulating
Act of 1773

Related to Related to
Company’s Company’s
Government in Government in
Britain India

▪ The main aim of Regulating Act of 1773 was to regulate the activities of Company in both India as well as England and
remove deficiencies pertaining to the same.

Provisions Related To Company’s Government In Britain

▪ Company’s administration was now looked after by two institutions in England:
o Court of Proprietors (CoP) – a body of shareholders who elected the directors of CoD
o Court of Directors (CoD) – executive body comprised of 24 Directors
▪ Under the act, the qualification to become a member of CoP & CoD was raised.
▪ Direct Parliamentary Control over CoD was provided for the first time.
How Was Direct Parliamentary Control Over Eic Exercised?
▪ Under this Act, the Directors were required to ‘lay before the treasury all correspondence from India dealing with the
revenues’
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▪ Before Secretary of State they had to disclose ‘everything dealing with civil & military administration.’
Provisions Related To Company’s Government In India
▪ The Act provided a new executive for ‘Bengal Presidency’ and vested in it the civil & military powers of Bengal, Bihar
& Orissa.
▪ It would comprise of a Governor-General and four councillors (Governor-General-in-Council).
▪ Name of first Governor General (Warren Hastings) and Councillors (Phillips Francis, Clavering, Monson & Barwell)
were named in the Act.
Taming The Powers Of Governor General
▪ The Council comprised of men specially sent from England who were not servants of the Company.
▪ Through this, Parliament aimed to control Governor, who was now required to function in Council, the decision of
Council was binding upon him.
▪ The Council was to take all decision by majority, though Governor General had the casting vote in case of equality
votes.
▪ Council was given a term of 5 years and presence of 3 members formed a quorum.
Addressing The Problems Of Corruption & Low Salaries
▪ The Act provided for payment of liberal salaries & prohibited immoral activities such as private trade, receiving or
giving bribes, money lending etc.
FOUNDATION OF CENTRAL ADMINISTRATION IN INDIA
▪ Regulating Act of 1773 sought to bring synergy between the administration of Bengal,
Madras & Bombay Presidencies.
▪ In order to establish and empower a central authority, Bengal Presidency was made
supreme with exclusive powers to deal with matters of war & peace. Other Presidencies
were made subordinate to it.
▪ Governor of Bengal was now called Governor-General of all British territories in India.
▪ Lord Warren Hastings was first such Governor General of British India.
▪ Governor of Madras & Bombay were required to send regularly, to the Governor-General,
information connected with government, revenues, etc. Consequently, this act laid the
foundation of Central Administration in India.

PROVISION FOR A JUSTICE SYSTEM

▪ The Act provided for a Supreme Court of Justice at Calcutta (established in 1774). Its
jurisdiction included civil, criminal, admiralty and ecclesiastical matters.
▪ It comprised of a chief Justice & three puisne Judges. Sir Elijah Imphey was appointed
as the Chief Justice.
▪ All the public servants of the Company were made amenable to its jurisdiction. All
British subjects both European and Indians, could seek redressal in the Supreme Court
against oppression.
▪ Appeal against the Courts decision could be made to the King in Council in England.

Limitations under Regulating Act of 1773

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Limitations under
Act of 1773

Inefficient Vague Provisions Vague Provisions

Governor-General- for Central regarding Supreme
in Council Administration Court

Inefficient Governor-General-in-Council
▪ Working of Governor-General-in-Council proved to be most inefficient.
▪ Governor General faced opposition from his councillors and had no power to override them.
▪ Such obstructionism made the Council dysfunctional.
VAGUE PROVISIONS FOR CENTRAL ADMINISTRATION
▪ The act was vague regarding the extent to which Bengal Presidency was to exercise control over other presidencies.
▪ Consequently, Maratha and Mysore Wars were initiated by Bombay & Madras Presidencies, even as Hastings were
opposed to both.
VAGUE PROVISIONS REGARDING SUPREME COURT
▪ The Act also did not define the relationship between the Supreme Court and the Company courts as well as the
various country courts in Bengal over which the GG-in-Council had appellate powers.
▪ This resulted in conflict between the Court and the GG-in-Council. Consequently, it proved to be the worst defect of
the Act.
▪ Supreme Court administering English law also claimed jurisdiction over the entire native population (and not just
British subjects) and proved quite unpopular with them.
Significance under Regulating Act of 1773

Significance of Act of
1773

Praise Worthy effort

First Step towards
First Step towards to secure corruption-
Centralized
Parliamentary Control free administration in
Administration
India

▪ It was the first main step towards Parliamentary Control over Company’s administration in India.
▪ It fixed the administrative centre at Calcutta.
▪ It was a praiseworthy effort to secure a corruption-free administration.
▪ Overall, it was a well-meant attempt to introduce a better system of governance. Unfortunately, in practice it ended
up ‘adding to Hastings’ difficulties instead of strengthening his hands.

Pitt’s India Act 1784

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Pitt’s India Act

1784

Salient
Backdrop of Significance of
Provisions
the Act the Act
under the Act

Backdrop Of The Act

▪ The aim of Pitt’s India Act was to remove the weaknesses of the Regulating Act & bring Company’s administration in
India under the supreme control of British Parliament.
▪ It was William Pitt the then Prime Minister of Great Britain, who upon assumption of office (1783-1801) introduced
an India Bill, that later came to be known as Pitt’s India Act.
Salient Features of Pitt’s India Act 1784
Salient Features of Pitt’s India

System of Double
Government

Introduction of Board of
Act 1784

Control

Changes in Powers &

Functions of Governor
General-in Council

Principle of Non-
Intervention

Introduction of Board of Control

▪ The Act introduced a form of ‘Double Government’ wherein Court of Directors were allowed to manage the
commercial affairs of the Company. But for political affairs, the Act appointed a Board of six Commissioners, known
as Board of Control.
▪ The Board included the Chancellor of Exchequer, a Secretary of State and 4 Privy Councillors. They were all
appointed by the King.
▪ Board’s approval was necessary for all dispatches that were not purely commercial.
▪ The Act thus placed civil & military government of the Company in due subordination to the Government in England.
▪ This arrangement continued until 1858, the President of the Board of Control was ultimately responsible for the
government of British India until he was succeeded in 1858 by the Secretary of State for India.
Changes with respect to Company’s Governance in India
▪ Number of members in Governor-General’s Council was reduced to 3, so that even if one member of the Council
supported the GG, the GG could have his way.
▪ The power of GG-in-Council over subordinate presidencies was extended to include all matters of war, diplomatic
relations and revenue.
▪ The GG and Council were made subordinate to British Government. They were forbidden to declare war without prior
sanction of the directors.
Introduction to the Principle of Non-Intervention
▪ The Act also introduced the principle of non-intervention in the affairs of Indian Princely states to end further wars
and conquests. This provision however was brutally breached in years to come and such violation became a reason
for the Revolt of 1857 as well.

Significance Of Pitt’s India Act 1784

▪ Pitt’s India Act was an effective instrument of control and worked with slight alterations till 1858.
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▪ The Act gave the British government supreme control over the Company’s affairs and its administration in India.
▪ With this Act, began a new phase in the history of British conquest of India; while the East India Company became
an instrument of British imperialism, India was to serve as a colony meeting the interests of all sections of ruling
classes in Britain.

ACT OF 1786 & CHARTER ACT OF 1793

Act of 1786
▪ In 1786, British Prime Minister William Pitt moved this Bill to make Cornwallis accept the Governor-General-ship of
Indnia.
▪ Cornwallis wanted to assume the powers of both the Governor General as well as Commander-in-Chief (CnC).
▪ To concede to this demand of Lord Cornwallis, office of GG and CnC were united in the same person.
▪ Further the GG was also allowed to override the majority of his Council in matters of war and peace on his own
responsibility (this power was extended to all future Governor-Generals and Governors by the Act of 1793).
Charter Act of 1793
▪ It extended Company’s exclusive privileges of trade for a further period of 20 years.
▪ A code was framed for all regulations that could be enacted in Bengal.
▪ The Act required that all laws relating to rights of persons and property be printed with translation in Indian languages
so that people can know about their rights and immunities.
▪ In this way, this Act laid the foundation of governance based on written laws in British India in place of personal rule
of past rulers.
▪ All members of Home Government were in future to be paid salaries not out of the State Exchequer but out of Indian
Revenues.

Charter Act of 1813

Factors Leading to The Act
▪ In earlier 19th century, there were elaborate discussion on the continuation of commercial privileges enjoyed by the
Company.
▪ By 1813, Company’s territories in India had greatly expanded and it was considered nearly impossible for the
Company to function both as a commercial as well as a political entity.
▪ Moreover, Englishmen had begun to demand a share for themselves in the Indian trade in view of the laissez faire
theories as well the imposition of the continental system of Napoleon which had closed the European ports for British
trade.
▪ In above context, demand for ending Company’s trade monopoly had grown much louder.

Provisions under the Charter Act of 1813

Provisions under
Charter Act of 1813

Beginning of
End of EIC Constitutional Promotion of
Ecclesiastical
Monopoly over Position of British Literature &
settlements in
Indian Trade Territories in India Sciences
India

End Of Monpoly Over Indian Trade

▪ The Act renewed Company’s Charter for next 20 years but ended Company’s monopoly of trade with India.
▪ Company’s monopoly in tea trade and trade with China was however, retained. Consequently, with this act, Indian
trade was thrown open to all British merchants.

Constitutional Position Of British Territories

▪ The Act explicitly declared the sovereignty of the Crown over the territories acquired by the Company.
▪ The Constitutional position of British territories in India was thus explicitly defined for the first time.

BEGINNING OF ECCLESIASTICAL SETTLEMENTS IN INDIA

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▪ It allowed missionaries to go to India and also allowed them to settle there under a license. This marked the beginning
of ecclesiastical settlements in India.
PROMOTION OF LITERATURE & SCIENCES
▪ It provided for a yearly fund of ₹1 lakh for promotion of literature & sciences among Indian subjects (As a declaration
of the principles of state responsibility for education, this provision may be taken as one of the most significant British
pronouncements with respect to India).

Charter Act of 1833

Factors behind Charter Act of 1833

Factors behind
the Act of
1833

Impact of
Philosophy of
Liberal Wave
Laissez Faire
in Britain

Philosophy Of Laissez Faire

▪ Ever since the beginning of 19th century ‘Laissez Faire’ had become the basic philosophy of the new Industrial Policy
in Britain and there was popular desire for trade free from monopolies and restriction.

Wave Of Liberalism In Britain

▪ Moreover, these years were witnessing a wave of liberalism in Britain which was evident from the ascendancy of
Liberalism in the reformed House of Commons.
▪ Slavery had been abolished all over Britain (1833) and dignity of mankind was being recognised (example through
the Factory Act 1833).
▪ Presence of Two liberals Macaulay (Secretary of Board of Control) and James Mill (examiner of Indian
correspondence) also had tremendous impact on Charter Act of 1833
Provisions under Charter Act of 1833
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Complete Removal of
EIC Monopoly

Colonization of India

Reforms of Indian Law

Provisions under Charter Act

Expansion of GG’s
Executive Council
of 1833

Employment of Indians
in Public Services

Directions to Abolish
Slavery

Administrative
Centralization

Legislative
Centralization

New Presidency

Complete Removal Of Monopoly

▪ Last traces of Company’s exclusive trade privileges were ended and the Company was asked to wind up its commercial
business as soon as possible.
▪ The President of the Board of Control became the Minister of Indian Affairs. The Act declared complete power of
British Parliament over the GG-in-Council.
Removal Of Barriers On Colonization Of India
▪ All restrictions to immigration of European into India and acquisition of land and property by them were removed.
The Act therefore lifted the legal barrier on colonization of India by Europeans.
Reform Of Indian Law
▪ Removal of Legal Barrier on colonisation of India by Europeans necessitated the reform of Indian Law as well.
▪ Accordingly, an Indian Law Commission was appointed for the codification of existing laws.
▪ The Indian Penal Code and Codes of Civil and Criminal Procedure were therefore enacted by its efforts.
Addition Of Law Member In Governor General Council
▪ The Act enlarged Executive Council of the Governor General by addition of the fourth member. Consequently, a law
member was added to the Governor General’s Council, and his work was fully legislative.
▪ Lord Macaulay became the first Law Member and the President of Law Commission.
Employment Of Indians In Public Services
▪ The Act also provided for education and employment of Indians in Public Services.
▪ It also made provisions for training of civil servants at the Company’s College at Haileybury (in England).
Abolition Of Slavery
▪ The Act contained provisions which directed Governor General to work towards the abolition of slavery in India.
▪ It reflected liberal humanitarian attitude of British Parliament.
▪ Slavery in India was later abolished by Act V of 1843.
Administrative Centralization
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▪ The Act further centralised the Indian administration and the Governor General of Bengal was made the Governor
General of India.
▪ The powers of GG-in-Council were further extended and Bombay, Madras and all other territories were placed under
the complete control of GG-in Council.

Legislative Centralization
▪ The Act brought legislative Centralization. The GG-in-Council was given the powers to legislate for the whole British
territories in India while the legislative powers of other presidencies were simultaneously ended.
Creation Of New Presidency
▪ New Presidency of Agra was also created by virtue of this act.

Charter Act of 1853

Salient Provisions

Charter Act of 1853

Company Rule at Separation of GG’s

Powers of Court of
Mercy of British Executive &
Directors
Parliament Legislative Council

Company Rule At Mercy Of British Parliament

▪ It did not renew the Company’s Charter for any specified period. Instead, it said that ‘Indian territories would remain
in trust for the Crown, until Parliament should otherwise direct.’
▪ Thus, it was clear that the Crown could take over the Company’s administration anytime now.
Separation Of Gg’s Executive & Legislative Council
▪ Separation of executive and legislative functions was carried a step further and additional members of the Council
were appointed for legislative work.
▪ Law member was made a full member of GG’s executive council.
Composition Of Legislative Council
▪ GG’s Legislative Council comprised of six members –
▪ Chief Justice
▪ Puisne Judge of Calcutta Supreme Court
▪ 4 other Representatives (one each from Bengal, Madras, Bombay & North-Western Provinces). These
representatives were to be Civil Servants of the Company with not less than a standing of 10 years.
Formation Of Central Legislature
▪ Through Charter Act of 1853, clear distinction was made between Legislative Councillors and Executive Councillors
of the Government.
▪ There was no association of any Indian element with the Legislative council.
▪ The business of Legislative Council was to be conducted on lines of the British Parliament.
▪ Questions could be asked, policy of the Executive Council could be discussed, government could be criticised for its
lapses, Bills were referred to Select Committees, and legislative business was conducted in public.
▪ However, the Executive Council retained the power to veto a bill of the Legislative Council.
Reduction In Powers Of Court Of Directors
▪ Number of Directors was reduced from 24 to 18 of which 6 were to be appointed by the Crown.
▪ Court of Directors was divested of its patronage and power of appointments as the services were thrown open
to competitive examinations, in which no discrimination of any kind was to be made.
▪ A committee headed by Macaulay was appointed in 1854 to enforce this scheme.
Power To Create New Presidency
▪ The Court of Directors was empowered to create a new Presidency or alter the boundaries of the existing ones to
accommodate new territories. Using this power, a separate Lieutenant Governorship was created for Punjab in 1859.
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Was Charter Act Of 1853 A Beginning Of Constitutional Parliament In India?

▪ While conceiving the Charter Act of 1853, the makers of this Act did not have any intention of laying the foundation
of Constitutional Parliament in India.
▪ But, the newly formed Legislative Council displayed a spirit of independence from its inception and soon developed
into Anglo-Indian House of Commons.
▪ It began to question every act of the Executive. Consequently, it began to be seen as the nucleus of and beginning of
Constitutional Parliament in India.