The Different Charter - Acts

Amending Act 1781: It tried to remedy
the defects and short comings of

Regulating Act 1773
➢ Significantly reduced the powers of

the SC.
➢ Separated the Governor General in
Council and revenue matters from
the Court’s jurisdiction.
➢ The actions of the public servants of
the company in their official capacity
were exempted from the Jurisdiction
of the SC.
➢ The SC was to have jurisdiction over
all the inhabitants of Calcutta and
was to administer the personal law of
the dependent.
➢ This Court was to consider and
respect the religious and social
customs of the Indians while
enforcing its decrees and processes.
➢ Appeals could be taken from the
provincial courts to the GG- in-
Council that was to be the final court
of appeal.
➢ The rules and regulations made
by the GG-in- Council were not
to be registered with SC.
Pitts India Act 1784: intended to address the shortcomings of
the Regulating Act of 1773 by bringing the East India
Company's rule in India under the control of the British
Government.
➢The commercial and political activities of the Company
were now separated.
➢The Act provided for the appointment of a Board of
Control, and provided for a joint government of British
India by both the Company and the Crown with the
government holding the ultimate authority.
➢For the supervision of civil, military and revenue matters,
A Board of Control consisting of six members was set up in
England. The Chancellor of Exchequer and Secretary of
State who were the members of the British Cabinet were the
ex-officio members of this Board.
 The members were to be appointed and dismissed by the British Crown.
 Members of the Board had access to and were to be furnished with all
the papers of the company.
 A secret committee of 3 directors was to transmit the orders of the
Board to India.
 The members of GG’s council were to be 3 instead of 4.
 The Governors of Bombay and Madras were completely subordinated to

the GG.
 This act gave the British Govt a measure of control over the Company’s
affairs. The formation of the BOC and inclusion of the two British
cabinet members in it reduced the power of the Directors and the
Proprietors and instead increased the rights of the British Govt in the
Administation of India.
 This act removed the defects of the Regulating Act.

 The power was centralized in the hands of GG.
 It brought unity and stability in administration.

Charter Act of 1793
 Company’s commercial privileges were extended for another twenty years
 The Councils of the Governor General and Governors of Bombay and
Madras were not to have more than 3 members each and they all must have
stayed in India for at least 12 years.
 Governor – general had the power to override his council.
 GGs control over the presidencies of Bombay and Madras was emphasised.
 During the absence of the Governor General from the province of Bengal, he
was to appoint a vice President from the civilian members of his council to
act in his place.
 The commander – in Chief was not to be member of the Governor general’s
Council .
 Regarding Home Government, the first named commissioner of the Board
OF Controls was to be its President.
 All the members, by the charter Act of 1793, in future were to be paid
salaries not out of the State Exchequer but out of the Indians revenues.
•A provision of the charter was made that the company after paying the
necessary expenses, interest, dividend salaries etc from the Indian
revenues will pay 5 Lakh British Pounds annually out of the surplus
revenue to the British Government.
•However, the act had a provision, that the Crown could order the
application of the whole of the revenue for the purpose of defense if the
circumstances posed such demands.
•Expenses, interest, dividend , salaries etc were to be borne by the Indian

Exchequer.
•The act reorganised the courts and redefined their jurisdictions. The
revenue administration was divorced from the judiciary functions and this
led to the disappearing of the MAAl ADALATS.
Charter Act of 1813
 Charter Act of 1813 renewed the East India Company's charter thereby
terminating its monopoly in India, except in regards to tea and trade with
China. This opened India both to private investment and Christian
missionaries.
 Church was placed under a Bishop which was maintained from Indian
revenue. Englishmen were granted permission to settle and hold land in India;
to the missionaries for introducing useful knowledge and propagating
religious and moral improvement and to traders for their lawful purposes,
under a system of licenses.
 The crown had complete territorial and revenue power .
 The Act for the first time defined the constitutional position of British
territories in India .
 Power of the Board of Control was enlarged considerably.

Charter Act of 1813
❖ The East India Company Act 1813, also known as the Charter
Act of 1813, was an Act of the Parliament of the United
Kingdom which renewed the charter issued to the British East
India Company, and continued the Company's rule in India.
✓ The Act expressly asserted the Crown's sovereignty
over British India.
✓ It allotted Rs 100,000 to promote education in India.
✓ Christian missionaries were allowed to come to British India
and preach their religion.
✓ Financial provision was also made to encourage a revival
in Indian literature and for the promotion of science.
Education in India
Charter Act of 1813
 A sum of not less than Rs 100000/- (Rupees One Lac) each year
shall be set apart for the revival and improvement of literature
and encouragement of the learned natives of India, and for the
introduction and promotion of a knowledge of the science among
the inhabitants of the British territories in India. But the Act did
not clarify whether the money was to be spent on western
education or Indian education.
– Result :
• First time official money of rupees one lac was allotted to
expand the education of the Indians.
• Compelled the East India Company to accept
responsibility for the education of the Indian people.
• As a result, from 1813 to 1857, the company opened
many schools and colleges under their control which laid
the foundation of the English system of education in
India.
Charter Act 1833
Legislative Aspects:
 Charter of the company was renewed for another twenty years but the company was
asked to close its commercial business.
 Charter was renewed on the condition that company should abandon its trade entirely,
alike with India and China, and permit Europeans to settle freely in India.
 The company lost its monopoly in China and also trade of tea which it hitherto had
enjoyed.
 It deprived the Governors of Bombay and Madras of their legislative powers. The
Governor-General was given exclusive legislative powers for the whole of British India.
 The Act contd with the system of executive acting as the legislature as well. However, a
law member was added as a fifth member of the GGs council when it acted as the central
legislature. The law member had to be a barrister.
 Presidencies lost the powers to legislate and laws made by the legislature which were to
be called Acts of the Government of India.
 It enhanced the effectiveness of the BOC over the directors of the company
 The Crown was empowered to appoint commissioners for Indian affairs in addition to
members of the BOC
Charter Act 1833 contd.
Powers of the Governor-General

 The Governor General in Council was now designated as the Governor General
for India. He was to direct, supervise and control the civil and military as also
the financial affairs. (Under its provision Lord William Bentinck was the first
Governor-General of India.)
 The Supreme Court also came under the GG due to his legislative powers.
 The Acts of the central legislature were now binding on all persons, Indian or
European living in the company’s territories as also on the courts.
 Charter act of 1833 distinctly spelled out the powers of the Governor-General-
in-Council. He could repeal, amend or alter any laws or regulations including
all persons (whether British or native or foreigners), all places and things in
every part of British territory in India, for all servants of the company, and
articles of war.
1833 contd…
 The Charter Act of 1833 provided for splitting the Presidency of Bengal, into
two presidencies which were to be known as- Presidency of Fort William
and Presidency of Agra. But this provision never came into effect.
 However, the Court of Directors acting under the Board of control could veto a
ny laws made by the Governor-General-in-Council.
 Codifying the Laws: The Charter Act of 1833 is considered to be an attempt to
codify all the Indian Laws. The British parliament as a supreme body, retained
the right to legislate for the British territories in India and repeal the acts.
 The act of 1833 provided that all laws made in India were to be laid before the
parliament and were to be known as Acts.
 In a step towards codifying the laws, the Governor-General-in-Council was dire
cted under the Charter act of 1833, to set up an Indian law Commission.
1833 contd…
 First Indian Law Commission
So the first law commission was set up by the Charter act of 1833 and Lord
Macaulay was its most important member and Chairman.
The other members of this commission were English barrister Cameron,
Macleod of Madras service, William Anderson of Bombay Service and Sir
William McNaughton of the Calcutta Service. Sir William McNaughton did
not accept the appointment.
The objective of the law commission was to inquire into the Jurisdiction, powers
and rules of the courts of justice, police establishments, existing forms of
judicial procedure, nature and operation of all kinds of laws. It was directed
that the law Commission shall submit its report to the Governor
General-in-council and this report was to be placed in the British parliament.
1833 contd…
 Indians in the Government service:
Charter act of 1833 was the first act which provisioned to freely admit the natives of India
to share an administration in the country. It attempted to introduce a system of open
competitions for the selection of civil servants. However this provision was negated
after opposition from the Court of Directors who were still holding the privilege of
appointing the company officials.
 Mitigation of Slavery: This act also directed the Governor General-in-Council to

adopt measures to mitigate the state of slavery, persisting in India since sultanate Era.
 The Governor General-in-Council was also directed to pay attention to laws of
marriage, rights and authorities of the heads of the families, while drafting any laws.
 More Bishops:
The number of British residents was increasing in India.
The charter act of 1833 laid down regulation of establishment of Christian establishments
in India and the number of Bishops was made 3.
Charter of 1853
 Renewed the term of East India Company for an indefinite period.
 Ordered the Company to close down all commercial activity and become
merely an administrative organisation.
 Salaries of members of the Board of Control, its Secretary, and other members
would be fixed by the British Government but would be paid by the company.
 Laid foundation of Parliamentary system of Government, the executive and
legislature separated. Legislative Assembly functioned on the model of British
Parliament.
COMPOSITION OF THE LEGISLATURE:
• The Governor General
• Four Executive Council Members
• One Law Member
• One Commander-in Chief
• Four Representatives from the Provinces
• Two Chief Justices
• One Judge
1853 contd…
 Reduced the number of Board of Directors from 24 to 18 and 6 out of them were
nominated.
 The Charter Act of 1853 increased the number of legislative council members. The
new legislative council was consisted of 12 members.
1.Governor General and his Council members (1+4 )
2. Commander-in-chief
3. 4 representatives from provinces
4. Chief Justice of Supreme Court and a judge from Supreme Court to be named by
Governor General
 Indian Civil Service became an open competition. Macaulay made Chairman of the
Committee.
 The Act for the first time introduced local representation in the Indian (Central)
Legislative Council. The Governor-General's Council had six new legislative members
who were appointed by the local (provincial) governments of Madras, Bombay, Bengal
and Agra.
 The Act separated, for the first time, the legislative and executive functions of the
Governor-General's Council.
GOVERNMENT OF INDIA
ACT 1858
Government of India Act 1858
 The Act laid down that "Indian shall be governed by and in the name of the
sovereign through one of the principal Secretaries of State (Secretary of State
of India), assisted by a Council of 15 members." The Secretary of State
received the powers so long enjoyed by the Court of Directors and the Board
of Control.
 Thus, the system of 'Double Government' introduced by Pitt's India of 1784
was finally abolished . Of the 15 members of the Council of the Secretary of
State, 8 were to be appointed by the Crown and 7 by the Court of Directors.
 The Act provided that at least half of these members must have served in
India for not less than ten years and they must not have been away from that
country for more than ten years at the time of their appointment.
1858 contd..
 The vacancy among the Crown nominees would be filled up by the Crown,
while among those elected by the Directors would be filled up by the Council
by election. The members would continue in office during good behavior and
would be removed only on petition, to the Crown by both the Houses of
Parliament. The Council was to be advisory, in most cases the initiative and
the final decision remained with the Secretary of State.
 The Governor-General received the title of Viceroy. He became the direct
representative of the Crown. The Act divided the patronage between the
Crown, the Secretary of State in Council and the authorities in India.
 Appointments to the Civil Service were to be made by open competition
under the rules laid down by the Secretary of State with the help of Civil
Service Commissioners. The Act declared the Secretary of State for India as
a corporate body who could sue and be sued in England and in India.

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The Different Charter - Acts

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Amending Act 1781: It tried to remedy

the defects and short comings of

➢ Significantly reduced the powers of

 The members of GG’s council were to be 3 instead of 4.

 The Governors of Bombay and Madras were completely subordinated to

 This act removed the defects of the Regulating Act.

 It brought unity and stability in administration.

•Expenses, interest, dividend , salaries etc were to be borne by the Indian

 The crown had complete territorial and revenue power .

 Power of the Board of Control was enlarged considerably.

Powers of the Governor-General

 Mitigation of Slavery: This act also directed the Governor General-in-Council to

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