Historical Underpinnings of Indian Constitution | Polity for UPSC 2024 (Pre & Mains) PDF Download

 Page 1


                                                                                                                                         
      
 
 
 
 
1 
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www.SleepyClasses.com 
 
POLITY FOR PRE-PLUS-MAINS 
HISTORICAL UNDERPINNINGS OF INDIAN CONSTITUTION 
(Part 1) 
• The English East lndia Company was essentially a commercial body.  
• Following the principles of mercantilism and to ensure monopolistic profit the company 
needed political power hence political activities which resulted in acquiring revenue-
yielding territories.  
• After 1757 it was in a privileged position of yielding political power over a large section 
of the population of India. 
• The Company had become a great empire combining the role of trader and an overlord. 
The British Government decided that it could no longer be allowed to remain outside the 
ambit of the state. 
• A select committee of Parliament was appointed in April, 1772 to enquire into the state 
of affairs in India. 
 
Regulating Act of 1773 
• In these circumstances. the Parliament passed its first important Act in 1773 called the 
Regulating Act to control the Company's Administration. 
• Changes were made in the Constitution of the Court of Directors of the Company. It was 
required that it should submit to the Government all communications about civil and 
military affairs received from Bengal and revenues of India. 
• In the field of executive government. the status of Governor of Bengal was raised to 
Governor General. His Council would consist of four members.  
• The Governor General in Council was given the power to superintend and control the 
presidencies of Madras and Bombay in matters of war and peace and was vested the 
civil and military administration of the presidency, and government of all the territorial 
acquisitions and revenues in the kingdoms of Bengal, Bihar and Orissa. 
• The Governors of Madras and Bombay were required to send regularly to the Governor 
General, information connected with government, revenues. or interests of the 
Company.  
• The Governor General in turn was under the direct control of Court of Directors and kept 
it fully informed of the affairs concerning the interests of the Company. 
Page 2


                                                                                                                                         
      
 
 
 
 
1 
www.YouTube.com/SleepyClases 
www.SleepyClasses.com 
 
POLITY FOR PRE-PLUS-MAINS 
HISTORICAL UNDERPINNINGS OF INDIAN CONSTITUTION 
(Part 1) 
• The English East lndia Company was essentially a commercial body.  
• Following the principles of mercantilism and to ensure monopolistic profit the company 
needed political power hence political activities which resulted in acquiring revenue-
yielding territories.  
• After 1757 it was in a privileged position of yielding political power over a large section 
of the population of India. 
• The Company had become a great empire combining the role of trader and an overlord. 
The British Government decided that it could no longer be allowed to remain outside the 
ambit of the state. 
• A select committee of Parliament was appointed in April, 1772 to enquire into the state 
of affairs in India. 
 
Regulating Act of 1773 
• In these circumstances. the Parliament passed its first important Act in 1773 called the 
Regulating Act to control the Company's Administration. 
• Changes were made in the Constitution of the Court of Directors of the Company. It was 
required that it should submit to the Government all communications about civil and 
military affairs received from Bengal and revenues of India. 
• In the field of executive government. the status of Governor of Bengal was raised to 
Governor General. His Council would consist of four members.  
• The Governor General in Council was given the power to superintend and control the 
presidencies of Madras and Bombay in matters of war and peace and was vested the 
civil and military administration of the presidency, and government of all the territorial 
acquisitions and revenues in the kingdoms of Bengal, Bihar and Orissa. 
• The Governors of Madras and Bombay were required to send regularly to the Governor 
General, information connected with government, revenues. or interests of the 
Company.  
• The Governor General in turn was under the direct control of Court of Directors and kept 
it fully informed of the affairs concerning the interests of the Company. 
                                                                                                                                         
      
 
 
 
 
2 
www.YouTube.com/SleepyClases 
www.SleepyClasses.com 
• The Act also provided for the establishment of a Supreme Court of Justice at Calcutta to 
give justice to Europeans, their employees and citizens of Calcutta. 
• Legislative powers were granted to the Governor General and Council to make rules, 
ordinances and regulations for the civil government of Fort William and subordinate 
factories. 
 
Issues and the Amending Act of 1781 
• In the Regulating Act of 1773, the constitution of the Supreme Court was defective in 
many ways. Its jurisdiction was vague. 
• They said nothing about to jurisdiction of the Court, the law it had to a administer and its 
relation to the Governor - General – in-Council.  
• The fundamental questions lacked clarity and precision. For instance, the Act did not 
clearly say as to who were to be the British subject within the meaning of the Charter of 
the Supreme court. 
• The court did not know whether it was to administer native law or English law. Similarly, 
relations between the court and the Council were not clearly defined. It was not clear 
how far the Supreme Court could question the legality of the orders issued by the 
governor-General-in-Council. 
• The Amending Act provided that the public servants of the Company, revenue collectors 
and judicial officers were not to be subject the jurisdiction of the Supreme Court for 
things done by them in their official capacity. 
• Governor –General and the member of the council were also exempted from the 
jurisdiction of the Supreme Court both individually and collectively ?for anything 
counselled, ordered or done by them in their public capacity?. 
•  Formerly, the rules and regulations made by the Governor –General were required to 
be registered with the Supreme Court. This led to a lot of inconvenience. Consequently, 
the Act of 1781 provided that no such registration was required.  
• The Act provided that appeals were to be taken from the provincial courts to the 
Governor –General in Council. The latter was to be the final Court of Appeal except in 
those civil cases which involved Pounds 5,000 or more. In case the amount involved 
was more than Pounds 5,000, an appeal was to be taken to the King-in-Council. 
 
Pitts India Act 1784 
• The purpose of the Act was to remove defects in the Regulating Act. Its essential plan 
was the same. Company's public affairs and its administration in lndia were to come 
Page 3


                                                                                                                                         
      
 
 
 
 
1 
www.YouTube.com/SleepyClases 
www.SleepyClasses.com 
 
POLITY FOR PRE-PLUS-MAINS 
HISTORICAL UNDERPINNINGS OF INDIAN CONSTITUTION 
(Part 1) 
• The English East lndia Company was essentially a commercial body.  
• Following the principles of mercantilism and to ensure monopolistic profit the company 
needed political power hence political activities which resulted in acquiring revenue-
yielding territories.  
• After 1757 it was in a privileged position of yielding political power over a large section 
of the population of India. 
• The Company had become a great empire combining the role of trader and an overlord. 
The British Government decided that it could no longer be allowed to remain outside the 
ambit of the state. 
• A select committee of Parliament was appointed in April, 1772 to enquire into the state 
of affairs in India. 
 
Regulating Act of 1773 
• In these circumstances. the Parliament passed its first important Act in 1773 called the 
Regulating Act to control the Company's Administration. 
• Changes were made in the Constitution of the Court of Directors of the Company. It was 
required that it should submit to the Government all communications about civil and 
military affairs received from Bengal and revenues of India. 
• In the field of executive government. the status of Governor of Bengal was raised to 
Governor General. His Council would consist of four members.  
• The Governor General in Council was given the power to superintend and control the 
presidencies of Madras and Bombay in matters of war and peace and was vested the 
civil and military administration of the presidency, and government of all the territorial 
acquisitions and revenues in the kingdoms of Bengal, Bihar and Orissa. 
• The Governors of Madras and Bombay were required to send regularly to the Governor 
General, information connected with government, revenues. or interests of the 
Company.  
• The Governor General in turn was under the direct control of Court of Directors and kept 
it fully informed of the affairs concerning the interests of the Company. 
                                                                                                                                         
      
 
 
 
 
2 
www.YouTube.com/SleepyClases 
www.SleepyClasses.com 
• The Act also provided for the establishment of a Supreme Court of Justice at Calcutta to 
give justice to Europeans, their employees and citizens of Calcutta. 
• Legislative powers were granted to the Governor General and Council to make rules, 
ordinances and regulations for the civil government of Fort William and subordinate 
factories. 
 
Issues and the Amending Act of 1781 
• In the Regulating Act of 1773, the constitution of the Supreme Court was defective in 
many ways. Its jurisdiction was vague. 
• They said nothing about to jurisdiction of the Court, the law it had to a administer and its 
relation to the Governor - General – in-Council.  
• The fundamental questions lacked clarity and precision. For instance, the Act did not 
clearly say as to who were to be the British subject within the meaning of the Charter of 
the Supreme court. 
• The court did not know whether it was to administer native law or English law. Similarly, 
relations between the court and the Council were not clearly defined. It was not clear 
how far the Supreme Court could question the legality of the orders issued by the 
governor-General-in-Council. 
• The Amending Act provided that the public servants of the Company, revenue collectors 
and judicial officers were not to be subject the jurisdiction of the Supreme Court for 
things done by them in their official capacity. 
• Governor –General and the member of the council were also exempted from the 
jurisdiction of the Supreme Court both individually and collectively ?for anything 
counselled, ordered or done by them in their public capacity?. 
•  Formerly, the rules and regulations made by the Governor –General were required to 
be registered with the Supreme Court. This led to a lot of inconvenience. Consequently, 
the Act of 1781 provided that no such registration was required.  
• The Act provided that appeals were to be taken from the provincial courts to the 
Governor –General in Council. The latter was to be the final Court of Appeal except in 
those civil cases which involved Pounds 5,000 or more. In case the amount involved 
was more than Pounds 5,000, an appeal was to be taken to the King-in-Council. 
 
Pitts India Act 1784 
• The purpose of the Act was to remove defects in the Regulating Act. Its essential plan 
was the same. Company's public affairs and its administration in lndia were to come 
                                                                                                                                         
      
 
 
 
 
3 
www.YouTube.com/SleepyClases 
www.SleepyClasses.com 
directly under supreme control of the British Government. The right of the Company to 
territorial possessions was however not touched.  
• The Act established a Board of Control consisting of six commissioners, including, two 
Cabinet ministers. The Board of Control was to guide and control the work of the Court 
of Directors and the Government of India. They were to control all matters of civil and 
military Government of the British territories in India. 
• The Act established the principle that the government of lndia be placed under the 
Governor General and a Council of three, so that if only one member of the Council 
supported him, he could have his way. 
• The Governor General was given a casting vote. The Act clearly stated that the 
Presidencies of Madras and Bombay were to be subordinate to the Presidency of 
Bengal in all matters of war, diplomatic relations and revenue. 
• The Governor General and council were made subordinate to British Government. They 
were forbidden to declare war and enter into any treaty without the sanction of the 
directors or the secret committee. 
• The Act laid the foundation of a centralised administration-a process which reached its 
climax towards the close of the nineteenth century. Parliament's control over East lndia 
Company was tightened, a trend which remained conspicuous till the Crown directly 
took over the Government of lndia in 1858. 
• The Act established a system of double government which also led to problems. The 
Governor General had two masters, the Court of Directors and the Board of Control. 
Out of this conflict of authority emerged the view of the primacy of the man on the spot. 
• The Act termed Company‘s territories in India as the =British possessions in India‘; and 
second, the British Government was given the supreme control over Company‘s affairs 
and its administration in India through the establishment of Board of Control. 
• Declaratory Act of 1788 gave full powers and supremacy to the Board of control. This 
was a step towards transfer of powers of the Company to the Crown. 
 
Charter Act of 1793 
• The Charter of the Company was renewed for 20 years and it was declared that it 
would be allowed to continue with the possession of all territories for the next 20 years. 
• The Governor General's and Governors' powers to overrule their council were 
emphasised and explained. Governor General's control over the Presidencies was 
strengthened.  
• He was allowed /to issue orders and directions to any Government and Presidency of 
lndia during his absence from Bengal without previous consultation with his council. He 
could exercise all executive power vested in the Central Government. 
Page 4


                                                                                                                                         
      
 
 
 
 
1 
www.YouTube.com/SleepyClases 
www.SleepyClasses.com 
 
POLITY FOR PRE-PLUS-MAINS 
HISTORICAL UNDERPINNINGS OF INDIAN CONSTITUTION 
(Part 1) 
• The English East lndia Company was essentially a commercial body.  
• Following the principles of mercantilism and to ensure monopolistic profit the company 
needed political power hence political activities which resulted in acquiring revenue-
yielding territories.  
• After 1757 it was in a privileged position of yielding political power over a large section 
of the population of India. 
• The Company had become a great empire combining the role of trader and an overlord. 
The British Government decided that it could no longer be allowed to remain outside the 
ambit of the state. 
• A select committee of Parliament was appointed in April, 1772 to enquire into the state 
of affairs in India. 
 
Regulating Act of 1773 
• In these circumstances. the Parliament passed its first important Act in 1773 called the 
Regulating Act to control the Company's Administration. 
• Changes were made in the Constitution of the Court of Directors of the Company. It was 
required that it should submit to the Government all communications about civil and 
military affairs received from Bengal and revenues of India. 
• In the field of executive government. the status of Governor of Bengal was raised to 
Governor General. His Council would consist of four members.  
• The Governor General in Council was given the power to superintend and control the 
presidencies of Madras and Bombay in matters of war and peace and was vested the 
civil and military administration of the presidency, and government of all the territorial 
acquisitions and revenues in the kingdoms of Bengal, Bihar and Orissa. 
• The Governors of Madras and Bombay were required to send regularly to the Governor 
General, information connected with government, revenues. or interests of the 
Company.  
• The Governor General in turn was under the direct control of Court of Directors and kept 
it fully informed of the affairs concerning the interests of the Company. 
                                                                                                                                         
      
 
 
 
 
2 
www.YouTube.com/SleepyClases 
www.SleepyClasses.com 
• The Act also provided for the establishment of a Supreme Court of Justice at Calcutta to 
give justice to Europeans, their employees and citizens of Calcutta. 
• Legislative powers were granted to the Governor General and Council to make rules, 
ordinances and regulations for the civil government of Fort William and subordinate 
factories. 
 
Issues and the Amending Act of 1781 
• In the Regulating Act of 1773, the constitution of the Supreme Court was defective in 
many ways. Its jurisdiction was vague. 
• They said nothing about to jurisdiction of the Court, the law it had to a administer and its 
relation to the Governor - General – in-Council.  
• The fundamental questions lacked clarity and precision. For instance, the Act did not 
clearly say as to who were to be the British subject within the meaning of the Charter of 
the Supreme court. 
• The court did not know whether it was to administer native law or English law. Similarly, 
relations between the court and the Council were not clearly defined. It was not clear 
how far the Supreme Court could question the legality of the orders issued by the 
governor-General-in-Council. 
• The Amending Act provided that the public servants of the Company, revenue collectors 
and judicial officers were not to be subject the jurisdiction of the Supreme Court for 
things done by them in their official capacity. 
• Governor –General and the member of the council were also exempted from the 
jurisdiction of the Supreme Court both individually and collectively ?for anything 
counselled, ordered or done by them in their public capacity?. 
•  Formerly, the rules and regulations made by the Governor –General were required to 
be registered with the Supreme Court. This led to a lot of inconvenience. Consequently, 
the Act of 1781 provided that no such registration was required.  
• The Act provided that appeals were to be taken from the provincial courts to the 
Governor –General in Council. The latter was to be the final Court of Appeal except in 
those civil cases which involved Pounds 5,000 or more. In case the amount involved 
was more than Pounds 5,000, an appeal was to be taken to the King-in-Council. 
 
Pitts India Act 1784 
• The purpose of the Act was to remove defects in the Regulating Act. Its essential plan 
was the same. Company's public affairs and its administration in lndia were to come 
                                                                                                                                         
      
 
 
 
 
3 
www.YouTube.com/SleepyClases 
www.SleepyClasses.com 
directly under supreme control of the British Government. The right of the Company to 
territorial possessions was however not touched.  
• The Act established a Board of Control consisting of six commissioners, including, two 
Cabinet ministers. The Board of Control was to guide and control the work of the Court 
of Directors and the Government of India. They were to control all matters of civil and 
military Government of the British territories in India. 
• The Act established the principle that the government of lndia be placed under the 
Governor General and a Council of three, so that if only one member of the Council 
supported him, he could have his way. 
• The Governor General was given a casting vote. The Act clearly stated that the 
Presidencies of Madras and Bombay were to be subordinate to the Presidency of 
Bengal in all matters of war, diplomatic relations and revenue. 
• The Governor General and council were made subordinate to British Government. They 
were forbidden to declare war and enter into any treaty without the sanction of the 
directors or the secret committee. 
• The Act laid the foundation of a centralised administration-a process which reached its 
climax towards the close of the nineteenth century. Parliament's control over East lndia 
Company was tightened, a trend which remained conspicuous till the Crown directly 
took over the Government of lndia in 1858. 
• The Act established a system of double government which also led to problems. The 
Governor General had two masters, the Court of Directors and the Board of Control. 
Out of this conflict of authority emerged the view of the primacy of the man on the spot. 
• The Act termed Company‘s territories in India as the =British possessions in India‘; and 
second, the British Government was given the supreme control over Company‘s affairs 
and its administration in India through the establishment of Board of Control. 
• Declaratory Act of 1788 gave full powers and supremacy to the Board of control. This 
was a step towards transfer of powers of the Company to the Crown. 
 
Charter Act of 1793 
• The Charter of the Company was renewed for 20 years and it was declared that it 
would be allowed to continue with the possession of all territories for the next 20 years. 
• The Governor General's and Governors' powers to overrule their council were 
emphasised and explained. Governor General's control over the Presidencies was 
strengthened.  
• He was allowed /to issue orders and directions to any Government and Presidency of 
lndia during his absence from Bengal without previous consultation with his council. He 
could exercise all executive power vested in the Central Government. 
                                                                                                                                         
      
 
 
 
 
4 
www.YouTube.com/SleepyClases 
www.SleepyClasses.com 
• A regular code of all regulations that could be enacted for the internal Government of 
the British territory in Bengal was framed applying to the rights persons and property of 
the Indian people. This was to be translated in local languages for people to know their 
rights. 
• The Act of 1793 thus laid the foundation of government by written laws and regulations 
in British lndia in place of the personal rule of the past rulers. The interpretation of 
regulations and written laws was to be done by the Courts. 
 
Charter Act of 1813 
• In 1808, the House of Commons appointed a Committee of investigations. Its report 
on judicial and police arrangements was submitted in 1812. 
• The government decided to allow British subjects access to lndia with their ships. The 
Act of 1813 renewed the Company's Charter for 20 years, but it asserted the 
sovereignty of the British Crown over the lndian territories held by the Company.  
• The Company was allowed to have territorial possessions for another 20 years. The 
Company was deprived of its monopoly of trade with India. It was allowed to continue 
with its monopoly of trade with China for 20 years. The lndian trade was thrown open to 
all British merchants. 
• The power of the provincial governments and courts in India over European British 
subjects was also strengthened by the Act. 
• It allotted Rs 100,000 to promote education in Indian masses and allowed them to open 
anywhere anytime. This act permitted Christian missionaries to propagate English 
and preach their religion at the expense of the Company in India. Financial provision 
was also made to encourage a revival in Indian literature and for the promotion of 
science. 
 
Charter Act of 1833 
• Laissez Faire had become the basic philosophy of the new industrial policy in 
Britain. There was a popular desire to free trade from restrictions and monopolies. 
• When it was time for the renewal of the Charter in 1833 there was widespread agitation 
for abolition of the Company and take over of administration by the Crown.  
• A Parliamentary enquiry was held. The monopoly of tea trade with China was abolished. 
The Company was to have only political functions. lndia was to pay the Company's 
debts. Its shareholders were guaranteed a dividend of 10.5 per cent per annum. lndian 
possessions of the Company were to be held in trust for the British Crown. 
Page 5


                                                                                                                                         
      
 
 
 
 
1 
www.YouTube.com/SleepyClases 
www.SleepyClasses.com 
 
POLITY FOR PRE-PLUS-MAINS 
HISTORICAL UNDERPINNINGS OF INDIAN CONSTITUTION 
(Part 1) 
• The English East lndia Company was essentially a commercial body.  
• Following the principles of mercantilism and to ensure monopolistic profit the company 
needed political power hence political activities which resulted in acquiring revenue-
yielding territories.  
• After 1757 it was in a privileged position of yielding political power over a large section 
of the population of India. 
• The Company had become a great empire combining the role of trader and an overlord. 
The British Government decided that it could no longer be allowed to remain outside the 
ambit of the state. 
• A select committee of Parliament was appointed in April, 1772 to enquire into the state 
of affairs in India. 
 
Regulating Act of 1773 
• In these circumstances. the Parliament passed its first important Act in 1773 called the 
Regulating Act to control the Company's Administration. 
• Changes were made in the Constitution of the Court of Directors of the Company. It was 
required that it should submit to the Government all communications about civil and 
military affairs received from Bengal and revenues of India. 
• In the field of executive government. the status of Governor of Bengal was raised to 
Governor General. His Council would consist of four members.  
• The Governor General in Council was given the power to superintend and control the 
presidencies of Madras and Bombay in matters of war and peace and was vested the 
civil and military administration of the presidency, and government of all the territorial 
acquisitions and revenues in the kingdoms of Bengal, Bihar and Orissa. 
• The Governors of Madras and Bombay were required to send regularly to the Governor 
General, information connected with government, revenues. or interests of the 
Company.  
• The Governor General in turn was under the direct control of Court of Directors and kept 
it fully informed of the affairs concerning the interests of the Company. 
                                                                                                                                         
      
 
 
 
 
2 
www.YouTube.com/SleepyClases 
www.SleepyClasses.com 
• The Act also provided for the establishment of a Supreme Court of Justice at Calcutta to 
give justice to Europeans, their employees and citizens of Calcutta. 
• Legislative powers were granted to the Governor General and Council to make rules, 
ordinances and regulations for the civil government of Fort William and subordinate 
factories. 
 
Issues and the Amending Act of 1781 
• In the Regulating Act of 1773, the constitution of the Supreme Court was defective in 
many ways. Its jurisdiction was vague. 
• They said nothing about to jurisdiction of the Court, the law it had to a administer and its 
relation to the Governor - General – in-Council.  
• The fundamental questions lacked clarity and precision. For instance, the Act did not 
clearly say as to who were to be the British subject within the meaning of the Charter of 
the Supreme court. 
• The court did not know whether it was to administer native law or English law. Similarly, 
relations between the court and the Council were not clearly defined. It was not clear 
how far the Supreme Court could question the legality of the orders issued by the 
governor-General-in-Council. 
• The Amending Act provided that the public servants of the Company, revenue collectors 
and judicial officers were not to be subject the jurisdiction of the Supreme Court for 
things done by them in their official capacity. 
• Governor –General and the member of the council were also exempted from the 
jurisdiction of the Supreme Court both individually and collectively ?for anything 
counselled, ordered or done by them in their public capacity?. 
•  Formerly, the rules and regulations made by the Governor –General were required to 
be registered with the Supreme Court. This led to a lot of inconvenience. Consequently, 
the Act of 1781 provided that no such registration was required.  
• The Act provided that appeals were to be taken from the provincial courts to the 
Governor –General in Council. The latter was to be the final Court of Appeal except in 
those civil cases which involved Pounds 5,000 or more. In case the amount involved 
was more than Pounds 5,000, an appeal was to be taken to the King-in-Council. 
 
Pitts India Act 1784 
• The purpose of the Act was to remove defects in the Regulating Act. Its essential plan 
was the same. Company's public affairs and its administration in lndia were to come 
                                                                                                                                         
      
 
 
 
 
3 
www.YouTube.com/SleepyClases 
www.SleepyClasses.com 
directly under supreme control of the British Government. The right of the Company to 
territorial possessions was however not touched.  
• The Act established a Board of Control consisting of six commissioners, including, two 
Cabinet ministers. The Board of Control was to guide and control the work of the Court 
of Directors and the Government of India. They were to control all matters of civil and 
military Government of the British territories in India. 
• The Act established the principle that the government of lndia be placed under the 
Governor General and a Council of three, so that if only one member of the Council 
supported him, he could have his way. 
• The Governor General was given a casting vote. The Act clearly stated that the 
Presidencies of Madras and Bombay were to be subordinate to the Presidency of 
Bengal in all matters of war, diplomatic relations and revenue. 
• The Governor General and council were made subordinate to British Government. They 
were forbidden to declare war and enter into any treaty without the sanction of the 
directors or the secret committee. 
• The Act laid the foundation of a centralised administration-a process which reached its 
climax towards the close of the nineteenth century. Parliament's control over East lndia 
Company was tightened, a trend which remained conspicuous till the Crown directly 
took over the Government of lndia in 1858. 
• The Act established a system of double government which also led to problems. The 
Governor General had two masters, the Court of Directors and the Board of Control. 
Out of this conflict of authority emerged the view of the primacy of the man on the spot. 
• The Act termed Company‘s territories in India as the =British possessions in India‘; and 
second, the British Government was given the supreme control over Company‘s affairs 
and its administration in India through the establishment of Board of Control. 
• Declaratory Act of 1788 gave full powers and supremacy to the Board of control. This 
was a step towards transfer of powers of the Company to the Crown. 
 
Charter Act of 1793 
• The Charter of the Company was renewed for 20 years and it was declared that it 
would be allowed to continue with the possession of all territories for the next 20 years. 
• The Governor General's and Governors' powers to overrule their council were 
emphasised and explained. Governor General's control over the Presidencies was 
strengthened.  
• He was allowed /to issue orders and directions to any Government and Presidency of 
lndia during his absence from Bengal without previous consultation with his council. He 
could exercise all executive power vested in the Central Government. 
                                                                                                                                         
      
 
 
 
 
4 
www.YouTube.com/SleepyClases 
www.SleepyClasses.com 
• A regular code of all regulations that could be enacted for the internal Government of 
the British territory in Bengal was framed applying to the rights persons and property of 
the Indian people. This was to be translated in local languages for people to know their 
rights. 
• The Act of 1793 thus laid the foundation of government by written laws and regulations 
in British lndia in place of the personal rule of the past rulers. The interpretation of 
regulations and written laws was to be done by the Courts. 
 
Charter Act of 1813 
• In 1808, the House of Commons appointed a Committee of investigations. Its report 
on judicial and police arrangements was submitted in 1812. 
• The government decided to allow British subjects access to lndia with their ships. The 
Act of 1813 renewed the Company's Charter for 20 years, but it asserted the 
sovereignty of the British Crown over the lndian territories held by the Company.  
• The Company was allowed to have territorial possessions for another 20 years. The 
Company was deprived of its monopoly of trade with India. It was allowed to continue 
with its monopoly of trade with China for 20 years. The lndian trade was thrown open to 
all British merchants. 
• The power of the provincial governments and courts in India over European British 
subjects was also strengthened by the Act. 
• It allotted Rs 100,000 to promote education in Indian masses and allowed them to open 
anywhere anytime. This act permitted Christian missionaries to propagate English 
and preach their religion at the expense of the Company in India. Financial provision 
was also made to encourage a revival in Indian literature and for the promotion of 
science. 
 
Charter Act of 1833 
• Laissez Faire had become the basic philosophy of the new industrial policy in 
Britain. There was a popular desire to free trade from restrictions and monopolies. 
• When it was time for the renewal of the Charter in 1833 there was widespread agitation 
for abolition of the Company and take over of administration by the Crown.  
• A Parliamentary enquiry was held. The monopoly of tea trade with China was abolished. 
The Company was to have only political functions. lndia was to pay the Company's 
debts. Its shareholders were guaranteed a dividend of 10.5 per cent per annum. lndian 
possessions of the Company were to be held in trust for the British Crown. 
                                                                                                                                         
      
 
 
 
 
5 
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www.SleepyClasses.com 
• The President of the Board of-Control became the minister for lndian affairs. The 
Directors were to act as expert advisors of the President of the Board of Control. It 
provided that the company‘s territories in India were held by it in trust for the Crown. 
• Governor General of Bengal became the Governor General of India. The Governor 
General in Council was to control, superintend and direct the civil and military affairs of 
the Company. Bombay, Bengal, Madras and other regions were subjected to 
complete control of the Governor General in Council. 
• By the Act of 1833, the Governor General in Council were given the power to legislate 
for the whole of the British territories in India. These laws were applicable to all 
persons, British or lndian foreigners or others and to the servants of the Company.  
• They were enforceable by all courts in India. The Act added one more member to the 
Executive council of the Governor General, the Law Member, whose work was fully 
legislative. He had no vote in the Council and he was to attend meetings, on invitation. 
But he practically became a regular member of the council. Lord Macaulay, the Law 
member, influenced the educational policy of the government for a number of years. 
• The Act provided for the codification of laws in India. There were several type of laws 
before 1833. There were the English Acts, Presidency Regulations, Hindu Law, Muslim 
Law, Customary Law etc. Laws were now called Acts 
• By this Act the Governor General was empower to appoint the Law Commission to 
study, collect and codify various rules and regulations prevalent in India. The lndian 
Penal Code and Codes of Civil and Criminal Law were enacted by the efforts of 
lndian Law Commission. 
• Section 87 of the Act declared, "that no native or natural born subject of the crown   
resident in lndia should be by reason only of his religion, place of birth, descent, colour 
or any of them be disqualified for any place in the company's service.? 
• The Charter Act of 1833 made no provision to secure the nomination of Indians to the 
covenanted services of the company. Yet the clause proclaiming on discrimination was 
of great importance for it became the sheet-anchor of political agitation in lndia towards 
the end of the century. 
 
Charter Act of 1853 
• By the Act of 1853, separation of the executive and the legislative functions was carried 
a step further by the provision of additional members of council for the purpose of 
legislation.  
• It provided for addition of six new members called legislative councillors to the council. 
The Chief Justice of Supreme Court of Calcutta was to be the ex-officio member of the 
Council.