CHARTER ACT OF 1833HISTORY

Submitted by:ADITYA TIWARI2013008SEMESTER IIDAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYVisakhapatnamMARCH 2014

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CERTIFICATE

Title of the subject: HistoryName of the faculty: Dr. Vishwchandra nath Madasu

ParticularsDate and signature of the facultyRemarks

Abstract

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Third consultation and final submission

I, Aditya Tiwari, hereby declare that this Project titled Charter act of 1833 submitted by me is an original work undertaken by me. I have duly acknowledged all the sources from which the ideas and extracts have been taken. The projects free from any plagiarism issue.

(Signature of the candidate)Place: Visakhapatnam Name: Aditya TiwariDate: 28/2/2014 Roll No. 2013008 Semester II

TABLE OF CONTENTTITTLEPAGE NO.

CERTIFICATE2

ACKNOWLEDGMENT 4

ABSTRACT5

INTRODUCTION5

Objectives of charter act of 1813 Defects of charter act of 1813 Charters of 1833 Factors leading to reform of 1833 Objective of the charter act of 1833 Codification of law Law commission 567891011

CONCLUSION13

BIBLIOGRAPHY15

ACKNOWLEDGEMENTI have endeavored to attempt this project. However, it would not have been feasible without the valuable support and guidance of Dr. Vishwachandra Nath Madasu. I would like to extend my sincere thanks to him.I am also highly indebted to Damodaram Sanjivayya National Law University Library Staff, for their patient co-operation as well as for providing necessary information & also for their support in completing this project.My thanks and appreciations also go to my classmates who gave their valuable insight and help in developing this project.

CHARTER ACT OF 1833ABSTRACTThe Charter Act of 1833 marked the beginning of a system of government for all India. Later, itAdopted a representative character, which distinguished it fundamentally from the earlier rule ofDespotism. It marked the beginning of the Indianisation in services. It also tried to separate andDecentralize executive and legislative functions.INTRODUCTIONIn the 18th century, it was the Christian missionaries from whom the Indians basically received religious education pertaining to Christian religion, but when the East India Company came to India they did not allow the missionaries for the propagation of the religious education to the common mass of India, because they felt that the education from the missionaries would encourage the religious sentiments among the people in India that could affected the business policy and the diplomatic role of the Company. Therefore, from 1793 to 1813 the company did not permit the missionaries to work for the Indian masses. Thus, it created an agitation against the East India Company that the Company was opposed to the teachings of Christ and neglected to provide education for the Indians. Interestingly, Englishmen in England supported the agitation and ultimately made a conclusion by introducing an education clause which is known as Charter Act of 1813. Hence, this Act ultimately made an education system in state[footnoteRef:2] [2: KKHSOU Study material, (Feb. 27, 2013, 10:19 AM) available athttp://www.kkhsou.in/main/education/charter_act.html]

OBJECTIVES OF CHARTER OF 1813The charter act of 1813 was as followsa) The monopoly of trade of the company was abolished except in tea and its trade with chinab) Church was placed under a prelate, which was maintained from Indian revenue. Englishman were given permission to settle and hold land in India; to the missionaries for introducing useful knowledge and propagating religious and moral improvements and to traders for their lawful purpose, under a system of license.c) The crown had complete power over territory and revenue.d) For the improvement of education 1 lakh grant was allotted.[footnoteRef:3] [3: objectives of charters act of 1813 (27th Feb, 2014, 12:57 PM ) available at http://www.indianetzone.com/24/the_charter_act_1813.htm]

DEFECTS OF CHARTER OF 1813a) Faulty Drafting: - the system of regulation law became unsystematic mass which was highly convoluted. It was also due to the fact that the government framed, modified and repudiate laws to meet the peculiar circumstances from time to time the law was only to be found in wilderness of enactments and circular orders of the courts as sir Henry Cunningham observed human diligence shrank from the task of searching amid the voluminous provisions of obsolete or repealed legislature for a germ of living law; and grave illegality frequently occurred owing to ignorance which chaotic conditions of the statute book rendered almost inevitable. There appears great truth in pronouncement[footnoteRef:4] [4: Study material provided by college, pg no. 289, Para 2]

b) Lack of uniformity: - the regulation laws were frequently ill- drawn, for they have been constructed by an inexperienced person with little efficient advice, frequently conflicting. In some cases as a result of varying conditions but in others merely by accident; and in all cases enforceable only in companies court because they had never been submitted to and registered by the kings courts[footnoteRef:5]. Lord Cornwallis made some changes in the reforms and though they were given a better shape yet it was not satisfactory. [5: Cambridge history of India, vol. V, edited by Dodwell, p. 5]

c) Parallel legislation: - as stated earlier three parallel legislatures in each province were established in India and while working in their law-making process they did not have any consideration for the laws made by each other. At times it also gave rise to confusions resulting in serious conflicts amongst them. Even on the same topics, the regulation passed at Bombay, Madras and Calcutta greatly differed. It is rightly said the Anglo Indian regulations made by these different legislatures contained widely different provisions many of which were amazingly unwise as such the system of regulations greatly suffered from the lack of uniformity.d) Uncertainty: - uncertainty was another grave defect of the system of regulation laws. As the records show, these regulations were changed, amended, abrogated or cancelled so often that it was very difficult even to recollect and decide about the proper existence of a particular regulation law.Thus paving the way for a new regulating act that was came into play from the year 1833CHARTERS OF 1833The charter of the company was renewed in 1833.The charter ended the monopoly of the company. While the commercial functions of the Company ended its political functions were to continue. The Government of India was to pay the debts of the Company. The Indian possessions of the Company were declared to be held by the Company in trust for the British crown. The Charter Act restricted the patronage of the Directors. It centralized the administration of the English Company of India. Governor General of Bengal became the Governor General of India. Presidencies of Bombay, Madras and Bengal were placed under the control of Governor General in council. President of the Board of Control became the Minister for Indian affairs. The Charter Act also brought about the legislative centralization of India. Governor General in council was authorized to make Articles of War and code of military discipline and provide for the administration of justice. Governor General in council could not alter the constitution of the company or amend the charter itself. The Charter Act added a new member to the executive council of the Governor General known as the law member.The number of the members of the Council of the governors of Bombay and Madras was reduced to two. Bombay and Madras were to keep their separate armies under their commanders in chief but they were to be under the control of the central government. The Act provided for the codification of laws in India. Provision was made for the appointment of a law commission for that purpose. The Act of 1833 brought about important and far reaching changes in the Constitution of India. The company was relieved of its monopoly of tea trade in India and of the trade with China thus completing the work of the Charter Act of 1813.

FACTORS LEADING TO REFORMS OF 1833 Supreme courts power and jurisdiction:It is interesting to note that the demand for reforms was not due to enlightened public opinion in India but it was mostly from the public servants. They realized the defects of the existing system. The jurisdiction of the Supreme Court was uncertain and anomalous. Veto power of the supreme court relating to legislation was another cause of trouble for the public servants in administration. The Supreme courts activities in matters affecting the Mofussil areas were always a constant source of conflicts and irritation between the judges of the Supreme Court and the Governor General or Governors Economic conditionsthe deteriorating economic condition of the company was also responsible for the reforms of 1833. Due to deficit budgets Lord William Bentinck, The Governor General, was specially directed by the directors to reduce the expenditure of the subordinate presidencies. Centralization in administrative and financial matters also influenced the legislative sphere a great deal. Public opinion in EnglandThe trends of public opinion in England also influenced the companys policies in india . the question of freely allowing Britishers and Europeans to settle and do enterprise in India was also gaining importance. It was also having legal and judicial reaction. In order to satisfy English public opinion an English lawyer was appointed s a member of the governor generals council. It ensured Englishmen that due attention was given to their laws, customs and rights in India. favor to Christianityan alliance between the British commercial interests and the evangelicals (Methods who wanted t spread catholic faith in India). In which the former wanted a free field for their investment in India and the latter considered it essential for spreading the Christian religion in India, necessitated the passing of a new charterDesikachar has pointed out, the influence of the Whig liberals, the paternalist and the utilitarians can be clearly seen in the charter discussions and the various provisions of the charter act. The influence of the utilitarians was at its peak at the time when the charter was being discussed in England and most of those who played an important role in determining the policy were under the benthamite spell. Travails through which it passedBefore the final draft of the charter act of 1833 was prepared it passed through various experts committees, discussion, correspondence and spadework in India and England.OBJECTIVES OF THE CHARTER The East India Company had to take permission from the crown after every twenty year the company first took permission in the year 1813 for twenty years up to 1833, the charter act of 1833 gave the authority to the company to carry out its political and administrative functions for twenty more years up to 1853. With the charter act of 1833, east India company lost its tea trade monopoly with china, Hence the company was left only with administrative responsibilities The charter act of 1833 invested the full power and authority to board of control regarding the East India Company The governor general of Bengal became the governor general of India the power of the governor general was increased tremendously The Act centralized administration of the country. All the presidencies of Bengal, Madras and Bombay were placed under the control of governor general. He was he was given the power to superintend, direct and control all the civil and military affairs of the country At the time when the charter act of 1833 came there were five conflicting laws present, they were the acts passed by the parliament, the charter acts, the order of the governor general-in-council, the orders of supreme court, and the laws made by the different presidencies. Now the governor general was alone empowered to make laws in India. Governor General and his council had given rights to prepare new laws depending on the westlaws. The governors of Madras and Bombay can make or suspend laws in urgent cases (governor has to give a proof for it) subject to final approval by the governor general. The act increased the member of the council from three to four. The fourth member was the law member specially appointed to fulfill the legislative duties of the governor general. His presence was made essential at the time of passing of any legislation. He has no power to sit or vote for other matters. Lord Macaulay was the first law member. According to sec 53 of the charter act 1833 empowered the governor general in council to appoint a law commission from time to time. The law commission was to enquire fully into the jurisdiction, power and rules of the existing court of justice and police establishments in the said territories and all the existing forms of judicial procedure and into the nature and operation of all laws, whether civil or criminal prevailing in any part of the said territories in India. Its purpose was to study, collect and codify various rules and regulations prevalent in India. This led to the foundation of codification of modern legal system in India. Section 87 of the act declared that no Indian subject of the company in India shall by reason only of his religion, place, office or employment under the company. This provision became very important as it was a bold step to remove disqualification. However this provision was just a grandiose gesture which signified nothing really. It was laid down that merit should be the basis for selection in government service and the religion, birth, place and caste , not to be considered in employment. CODIFICATION OF LAW Various charter which were issued from 1601 to 1693 were purely of a commercial nature empowering the company to control its employees by framing rules and regulations George Is Charter of 1726 created Corporations in Calcutta, Bombay and Madras and established Mayors court. The Governor and Council in three places were authoresses to make, constitute and bylaws and rules for good government. By 1764 Baxar war company merchants gained political power in India. The nature and contents of the Charters, which were granted to the company after 1765 also changed. Number of rules and regulation were made for proper revenue collection in Bengal and so many rules made regarding general administration. All these rules were not done through any legislature but were done through the servants of the company. Warren Hastings plan of 1772 was the first British Indian Code consisting 37 rules dealing with Civil and Criminal Code. 1773 Regulating Act which empowered the Governor General to make issue rules, regulations and ordinances for the good government. In 1781, some reforms and rules were introduced by Elijah Emphy . Lord Cornwallis introduced 47 Regulations regarding administration on the name of Code of 1793. In 1807, a uniform system of legislative prevailed in the three presidencies of Calcutta, Madras and Bombay. 1833 Charter also made certain alternative in the legislative powers to the three presidencies. In Bengal alone more than 675 regulations which contained several sections made based on the necessity. The system of Regulation law proved very defective. Diversity prevailed where Uniformity was needed the most.LAW COMMISSIONThe charter act of 1833 played a very important role in shaping and modeling the future course of law making in India. Earlier the important provisions of the charter act of 1833 were discussed in detail. As a well known, section 40 of the charter provided for the appointment of one additional member Thomas Babington Macaulay to the governor generals council. He was not entitled to vote except in meetings called for making laws and regulationsIt was considered essential to prepare a code for criminal law, evidence, contracts, limitation and also codes to regulate the civil and criminal procedures in the whole India by the same legislation. Regarding the intention of the framers of the act of 1833, kaye said, A comprehensive consolidation and codification of Indian laws was contemplated.Section 53 empowered the governor general to establish a law commission of India. The main purpose entrusted to the commission was to provide a common law and therefore section 53 provided, such laws as may be applicable to all classes of inhabitants, due regard being had to the rights, feeling and peculiar usages of the people, shall be enacted and all laws and custom having the force of law within the territories shall be ascertained and consolidated and as occasion may require amended. The law commission shall fully enquire into the jurisdiction, powers and rules of the existing courts of justice, police establishments and forms of the judicial procedure, due regard being had to the distinction of cases, religions, manners and opinions prevailing amongst different races and in different parts of the said territories. Due to these provisions of far-reaching consequences Rankin remarked, Section 53 of the charter was the legislative mainspring of law reform in India

CONCLUSIONThe central government was headed by Governor-General. The expression Governor-General and council was headed by used in the Regulating Act but it was replaced by Governor-General in council in the Charter Act of 1833. The Governor-General was appointed by the court of Directors. The appointment was made on the advice of the prime minister of England. The Governor-General usually held office for a term of five years. This limitation was not imposed by statue or warrant of appointments, its origin has been traced to the five year term prescribed by the Regulating Act for the first Governor-General Warren Hastings under the Queens proclamation 1858, the Governor-General had in additional resignation a viceroy. Under the Charter Act of 1833, the Governor-Generals council was composed of four ordinary members and one extra-ordinary member. The extra-ordinary member i.e. commander in chief of the companys forces in India and if there be no such commander in chief and of Governor-General shall be vested in the same person then the commander in chief of the forces on the Bengal establishment was accorded rank and precedence at the council Board next after the Governor-General under the Government of India Act of 1858, the name council of India was assigned to the newly constituted council of the secretary of State for India and it was provided that the name of the Governor-Generals council was to be the council of the Governor-General of India. The monopoly of the China trade was abolished in 1833. The company was completely shown of its commercial function in India. It became a trustee of the crown even in the field of administration. Besides the Supreme Government, the administration of East India Company was divided into provinces. British India was an agglomeration of territories acquired at different times of different methods. These were initially grouped into three presidencies. Fort William in Bengal (under a Governor-General and a council), Fort St. George or Madras under a Government and a council and Bombay under a Governor and a council. The two latter presidencies retained this form of government. The Governor-General of India under the Charter Act of 1833, but the territories included in the presidency passed different stages of administrative distribution i.e. creation of the North-Western provinces in 1836, creation of the Lieutenant Governorship. The Decentralization commission pointed out that parliament originally contemplated the extension of the Madras, Bombay type of the council system of government to the Major provinces. The Charter Act of 1833 provided for the creation of a fourth presidency the presidency of Agra under a Governor in council. The Charter Act of 1833 provided for effective centralization of legislation and finance. The Charter Act of 1833 incorporated for the first time a principle of competition for Indian civil services. But it did so only in a limited form. Under this act, the Governor-General in council was to send for the approval of the Board of control complete annual list of vacancies which were finalized, was to be submitted to the court of Directors. The Directors were then to make notifications for admission to the East India College to the extent of four times the number of vacancies so announced by the Board. The Charter Act of 1833 marks the starting point of the Indianisation in services, from the point of view of the Indians, the most remarkable provision of the Charter Act of 1833 was the clause 87 which laid down that no native of the said territories nor any natural born subject of His Majesty will be debarred from the service of the company. Nonetheless, the acceptance of a noble principle, even though on paper, is a sign of psychological preparation. Ram Mohan Roy was the first Indian to plead for the appointment of meritorious Indians to covenanted posts of the government of India.Charter Act of 1833 permitted the Indians to be appointed on higher posts on the basis of ability. Hence the policy of liberalization and Indianisation was adopted. The Government of India 1833 in fact, marked the beginning of a system of government for all India. Later it developed a representative character which distinguished it fundamentally from the earlier rule of despotism.

BIBLIOGRAPHY

M. C. Sinha- Studies in Indo-British Economy Hundred years Ago, p. 1 Mill and Wilson- History of India, Vol. VII, p. 324. A. C. Banerjee- Constitutional History of India, p. 187 M. P. jain- legal history

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