Charter Act of 1833

Dr. Anju Khanna

Department of Law
M. D. University, Rohtak
 Meaning of Charter Act

Any Act of the British Parliament which

renewed the Royal charter granted to the East
India Company is called as a Charter Act.
As this Act was also intended to provide for an
extension of the royal charter granted to the
East India Company in 1813, so it is also called
as the Charter Act of 1833.This Act extended
the charter by 20 years.
 Genesis
• Supreme Court: Autonomous powers
• Financial Restraints: Need of Centralisation of
legislature
• Public opinion in England: Pro-British policy
making
• Influence of Christian Missionaries: Motivation
for British government
 Provisions
1. Governor general of India instead of Governor general of Bengal:
• William Bentinck
• Superintendence, direction and control of civil and military
government
• Revenue system
• Madras and Bombay governors deprived of legislative powers
• Government of governor general to be known as government of
India
• Governor general’s Council to be known as India council
• East India Company became a purely administrative body instead
of commercial
 Provisions contd.
2. All India Legislature (Features):
• Composed of Governor general and four members
• To provide uniformity instead of dual legislative process in
Mofussil and Presidencies separately
• Repeal any regulation in force in India
• Make laws for all persons- British, Europeans, Natives and
others
• Make laws for all courts- created by charters or otherwise
• Make laws for all places and for all the servants of the
company
 Provisions contd.
2. All India Legislature (Restrictions):
• Subordinate to British parliament; hence every enacted
law must be placed before the parliament for approval
• Could not change provisions of Charter Act of 1833
• Could not alter Mutiny Acts applicable to soldiers and
Officers
• Could not make any law effecting Crown’s prerogatives
• Governor general could disallow any law made by AIL
on the advice of court of Directors
 Provisions contd.
3. Appointment of a Law Member in AIL:
• Four members of Governor general included 3
ordinary members and one Law member
• Appointment of ordinary members: Court of
Directors
– Experience in India : 10 years
• Appointment of Law member: Court of
Directors
– Experience: Nil ( sent from England)
 Provisions contd.
• Quorum:
– Executive meetings: Governor general and one
ordinary member
– Legislative meetings: Governor general, one
ordinary member and Law member
• Important issues of Presidencies:
– Preparation of proposal/draft
– Put before Governor general
– To be taken to the meeting of AIL
 Provisions contd.
4. Appointment of Law Commission:
• Appointment: Governor general
• Composition: Five members
• Functions:
– To enquire about the jurisdiction, powers and rules of the
existing courts, operational laws and court procedures
– To make a report based on such enquiries
– To submit the report to the Governor general
– Governor general to put everything before the British
Parliament
– Uniform codes prepared by AIL after approval from Parliament