Historical Background – Pre-Constitutional Acts (1773 to 1858)

Regulating Act of 1773

  • It was the first step taken by the British Government to control and regulate the affairs of the East India Company in India.
  • It recognised, for the first time, the political and administrative functions of the Company.
  • It laid the foundations of central administration in India.
  • Designated the Governor of Bengal as the ‘Governor General of Bengal’ and created an Executive Council of four members to assist him. The first such GovernorGeneral was Lord Warren Hastings.
  • Made the governors of Bombay and Madras presidencies subordinate to the governor-general of Bengal.
  • Establishment of a Supreme Court at Calcutta (1774) comprising one chief justice and three other judges.
  • Prohibited the servants of the Company from engaging in any private trade or accepting presents or bribes from the ‘natives’.

Amending Act of 1781

  • Exempted the Governor-General and the Council; as well as the servants of the company from the jurisdiction of the Supreme Court.
  • Excluded the revenue matters from the jurisdiction of the Supreme Court.
  • Hindus were to be tried according to the Hindu law and Muslims were to be tried according to the Mohammedan law.
  • Appeals from the Provincial Courts could be taken to the Governor-General-in-Council and not to the Supreme Court.

Pitt’s India Act of 1784

  • Separated the commercial and political functions of the Company.
  • Established a system of Double Government – Court of Directors to manage the commercial affairs; Board of Control to manage the political affairs.
  • Company’s territories in India were for the first time called the ‘British possessions in India’.
  • British Government was given the supreme control over Company’s affairs and its administration in India.

Amending Act of 1786

  • Governor-General of Bengal given power to override the decision of his council in special cases.
  • Governor-General of Bengal would also be the Commander-in-Chief.

Charter Act of 1793

  • Governor-General was given more powers and control over the governments of the subordinate Presidencies of Bombay and Madras.
  • Extended the trade monopoly of the Company in India for another period of twenty years.
  • Members of the Board of Control and their staff were to be paid out of the Indian revenues.

Charter Act of 1813

  • Abolished the trade monopoly of the company in India except trade in tea and trade with China.
  • Asserted the sovereignty of the British Crown over the Company’s territories in India.
  • Allowed the Christian missionaries to come to India to enlighten the people.
  • Provided for the spread of western education in India.
  • Authorised the Local Governments in India to impose taxes on persons.

Charter Act of 1833

  • Governor-General of Bengal made as the Governor General of India.
  • Deprived the Governor of Bombay and Madras of their legislative powers.
  • Ended the activities of the East India Company as a commercial body, which became a purely administrative body.
  • Introduce a system of open competition for selection of civil servants.
  • Stated that Indians should not be debarred from holding any place, office and employment under the Company.

Charter Act of 1853

  • Extended the Company’s rule and allowed it to retain the possession of Indian territories.
  • Separated, for the first time, the legislative and executive functions of the Governor-General’s council.
  • Established a separate Governor-General’s legislative council – Indian (Central) Legislative Council.
  • Introduced an open competition for civil services.
  • Introduced, for the first time, local representation in the Indian (Central) Legislative Council.
  • Of the six new legislative members of the Governor General’s council, four members were appointed by the local (provincial) governments of Madras, Bombay, Bengal and Agra.

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