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Constituitional Development Prior 1857

 

Regulating Act of 1773 

The act was passed by the British government in 1773 and came into force in 1774. The purpose of this act was to bring activities of East India Company under the supervision of the British Government. Under the provisions of this act:

1. The tenure of the Court of Director was extended from 1 year to 4 years.

2. The administrator of Fort William Presidency (Bengal) came to be known as the Governor General of British territories after this Regulating Act. A council of 4 members was formed for his cooperation which was given the right to frame rules and pass ordinances. The Governor General has no right to act against his council.

3. A Supreme Court was established in Kolkata in which the justice was done according to the British law.

4. Private businesses of employees were banned.


Pitts India Act of 1784

Due to the controversy over this act, the combined government of Lord North and Fox had to resign in Britain. This was the first and last time that the British government had fallen on any Indian affairs. The main provisions of this act :

1. Establishment of the Dual Government (Dyrarchy) - Court of Directors for business affairs and Board of Control for political affairs, which lasted till 1856.

2. The Bombay and Madras Presidencies also came under the Governor General and his Council.

3. The number of councils of the governor general was increased to three and the governor was given special powers over the council.

4. The Governor General could not fight war or sign treaty with any Indian king without the consent of the Board of Control.


Charter Act of 1786

This act was brought with the aim of bringing Cornwallis to India.  By this act, the power of the Chief Commander was vested in the Governor General. Now, the Governor General could overrule the decision of the Council in special circumstances.


Charter Act of 1793

According to this act, it was decided to pay the salaries of the members and employees of the Board of Control situated at London from the Indian Fund, which continued till 1919.


Charter Act of 1813

The major provisions of this act :

1. The Company's trading monopoly was abolished but the monopoly remained on the trade of tea.

2. It was decided to pay 10% dividend (profit) to the partners of the company out of Indian revenue.

3. Provision was made to spend one lakh rupees for Indians for improvement and revival of literature, improvement in annual education and for the progress of science in Indian territories.

4. For the first time the constitutional position on India was clarified by the British.


Charter Act of 1833

This act had the imprint of the Industrial Revolution, the implementation of liberal policies and the principle of Laissez Faire. Through this act :

1. The Governor General of Bengal now became the Governor General of India. 

2. A law commission was constituted with an objective of consolidating, recording and improving the Indian laws.

3. The trading monopoly of the company ended completely.

4. The company now had political rights only.

5. Discrimination was eliminated by adopting eligibility criteria for appointments.

6. Slavery was declared illegal in India.


Charter Act of 1853

The main provisions of this act include :

1. The company was permitted by the British government to keep India as a Territory Trust for as long as the British Parliament wishes.

2. The Law Member now became a full member of the Governor-General's Council.

3. Appointments in the government services were now done by competitive examinations and not by directors.


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