PROJECT ON CHARTER ACT OF 1833

SUBMITTED TO-MISS PRIYADARSHINI

SUBMITTED BY- AVINASH KUMAR

SUBMITTED ON-15TH APRIL 2010

CHANAKYA NATIONAL LAW UNIVERSITY

TABLE OF CONTENTS

INTRODUCTION

SOCIO POLITICAL CHANGES IN ENGLAND

ACT OF 1833- A FRESH LEASE TO EIC

CENTRALIZATION OF ADMINISTRATION AND LEGISLATION

MACAULAY AND HIS OPINION

SEC 87 OF THE ACT

C O N CL US IO N

B IB L IO G R A PH Y
ACKNOWLEDGEMENT

First of all I want to thank GOD for successfully completing this project

Then we want to give my sincere thanks to our respected History faculty,

Miss. Priyadarshini, who has guided me all the way in completing this project.

Then we would like to give thanks to our librarians who have helped us all the
way in searching through the source materials which help us lot in completing
the project.

The list couldn’t be completed without thanking all our friends who have
encouraged me all the way in completing the project
RESEARCH METHODOLOGY

The researchers have used the doctrinal method in his research, that is, extensive
use of literary sources and materials were used to conduct the study. The
researchers mainly used secondary sources to provide substance to the research
analysis. The researcher has also put down immense effort in order to understand
the terms and concepts related to the subject which enriched the study to a great
extent.

In some case the researcher shall be bound to extract materials directly from the
literary work of certain authors which the researcher intends to adequately cite and
notify in due course of time. The researcher also intends to conduct the study on a
more micro level in order to make the study more objective and precise in relation
to the charter act of 1833.
 INTRODUCTION

THE earliest origin of the system of regulation act can be traced from the
provisions of the first charter which was issued by Queen Elizabeth in 1601. It
empowered the governor and company to make, ordain, and constitute such and so
many reasonable laws, constitutions, orders and ordinances for the good
government of the said company ,and of all factors, masters, mariners, and other
officers employed or to be employed in any of the voyages and for the better
advancement of the trade and traffic.1 These provisions clearly state that in the
beginning the primary aim of the English company was to work or the promotion
of English trade in India. In this connection the charter of 1601 gave necessary
powers to the company which regulated the working of its employees in India.
The charters of 1609 and 1661 also empowered the company with the same powers
as were granted by the charter of 1601. But in fact the powers of the company’s
agent in India were for the first time provided by the charter of 1726 2 . The
charter of 1753 also incorporated provisions similar to that of the charter of 1726.
A new era in the political history of India began with the battle of Plassey and
subsequent acquisition of the diwani by the English company in order to
administer the old and new territories the laws were not made by the legislature but
the supervisors who being the company servants prepare the necessary laws.
In the meantime in 1772 Warren Hastings prepared a plan for the proper
administration of the justice in Bengal. He through his successive plans of

1
Ilbert government of India(1898) p.464
2
A.B.K eith,A constitutional History of India(1937) p. 42-43
1772,1774, and 1780 facilitated many judicial reforms aimed at the better working
of the administrative machinery and administration of justice.
After that the British Parliament enacted the Regulating act in 1773. It appointed a
governor general and council for the Bengal presidency at Calcutta. In the due
course the supreme court emerged more powerful because of its power to give
validity by registering the regulations framed by the governor general and its
council. The government of the company’s settlement at Bengal faced many
difficulties. Some very important cases also reflected the defects and lacunae in the
regulating act.

Subsequently act of settlement1781, Cornwallis code of 1793, Statute of 1797 and

regulations of 1802 and 1807 also played a very crucial role in the context of the
administration of justice and the administration of the judicial and administrative
machinery. Moreover the charter act of 1813 further extended the legislative
powers conferred on the provincial council. All persons living under the protection
of the East India Company were required to obey these regulation in their
respective territorial limits.
These charters and the legislations passed were not defect free. There were several
defects in these enactments which facilitated the enactment of the charter of 1833.
Various underlying defects were as:
Faulty Drafting: The government framed, modified and abrogated laws to meet
the peculiar circumstances from time to time. The law was only to be found in the
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 repelled legislation for a germ of living
law and grave illegality frequently occurred owing to ignorance which chaotic
conditions of the statute book rendered almost inevitable.”3 There appears great
truth in his observations.
Lack of uniformity: The regulation laws were frequently ill drawn , for they had
been drafted by inexperienced persons with little skilled advice, frequently
conflicting.
Parallel legislation: As in those times three parallel legislatures in each province
was established in India and while working in there law making process they did
not have any consideration for the laws made by each other.
Uncertainty: It was another grave defect of the system of regulation law as the
records show these regulation 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.
There were certain other defects also which facilitated the charter of 1833. One
among them was in the nature of laws and regulations by which India was
governed, the second was in the ill defined authority and power from which these
various laws and regulations emanated and the third was the anomalous and
sometimes conflicting judicatures by which the laws were administered . These
were the proceedings which triggered the enactment of the charter of 1833.

3
B.M. Ghandhi ,Landmarks in Indian legal and constitutional History,p.244
 SOCIO POLITICAL CHANGES IN ENLAND

The various contemporary socio-political situations of England during that period

led to the passing of Charter of 1833.

The period followings the enactment of the Charter Act of 1833 witnessed great
change in England. The industrial revolution had a great impact in England. The
Industrial revolution ushered a period of Machine Age which induced a
revolutionary change in the method of production. Cheap products of the new
machine and their massive exports to the foreign countries widened the prospects
and also changed the perspective of the traders. The flowing of moneys dues to the
open trade induced a spirit of Independence. Moreover the Marxist Concepts class-
consciousness gave a new color to the British idea of politics. A new enlightened
class came into existence. In this new age intelligent writers emerged and echoed
the significance of the New Age.

In the year 1830, when the Whigs came into power in the political scenario of
England, it opened a way of the triumph of the liberal principles. The Rights of
Men was emphasized. Consequently the great Reform Act was passed in the year
1832. The concepts of laissez faire were duly emphasized.

The liberal Whigs controlled the Parliament and it upheld the triumph of the liberal
ideas. Though there were many supporters of the Company who did not advocate
the transference of powers to the Crown, majority considered that the company
should cease to be functioning as the political body. Macaulay the secretary of the
Boards of Control and James Mill occupied a high position in the India House.
Henceforth their influence was clearly evident in the Charters Acts of 1833
The Charter Act of 1833 therefore came into existence after massive socio-political
changes in England.
 ACT OF 1833- A FRESH LEASE TO EIC

The charter act of 1833 acted as a fresh lease to the East India Company in India to
operate in India. The Act gave another lease of life to the Company for twenty
years to administer the Indians territories. The territorial possessions of the
company were allowed to remain under its government for another term of 20
years (till 30-4-1854) in trust for his Majesty, His heirs and successors. The
commercial function of the company was taken away and the company remained
only as a political functionary.

Through this act powers of the East India Company were capped and now it was
trusted more in the hand s of Governor General. The governor general of Bengal
became the governor general of India. The powers of the governor general were
increased tremendously. the governor general was required forthwith to take into
consideration the steps to mitigate the state of slavery and to ameliorate the
condition of the slaves throughout the British territories in India( Sec 88).

Section 53 of the act of 1833 empowered the governor general in council to

appoint a law commission from time to time. The commission was to enquire fully
into the jurisdiction, powers, and rules of the existing courts of justice and police
establishments in the said territories and all existing forms of judicial procedures
and into the nature and operation of all laws, whether civil or criminal, prevailing
in any part of the said territories in India.

So we can say that the Charter act of 1833 marked the limiting of the powers and
jurisdiction of the East India Company and facilitated the transfer of power to the
hand of the Governor General. It also acted as in limiting the company to a mere
political entity and devoid the company of its administrative and judicial powers.
However it did guaranteed the East India Company a fresh lease of Twenty years
for its territorial possessions.
 CENTRALISATION OF ADMINSTRATION AND LEGISLATION

The Charter Acts of 1833 centralized the administration in India. The Governor
General of Bengal, according to the act was declared as the Governor General of
India. The jurisdiction of the Governor General in council was extended
considerably. The Charter Act of 1833 vested the Governor General in Council
with the powers of control and superintendence of the civil and the military affairs
of the Company. Bombay, Madras and Bengal and other territories came under the
direct control of the Governor General in Council. All revenues were to be raised
under the authority of the governor general in Council who had also to control the
entire system of expenditure.

The Charter Acts of 1833 emphasized the legislative centralization. The

Government of Madras and Bombay were deprived of their powers of legislation.
The state governments were only left with the powers of proposing the project of
laws to the governor General in council.

A very important step was taken to achieve legislative centralization in India.

Before this act there existed five different kinds of laws which were in conflict
with one another. They were –the acts passed by parliament, the charter acts, the
orders of the governor general in council known as regulations, the orders of the
supreme court and last but not the least the laws made by the different
presidencies. But now the Governor General in council was alone empowered to
make laws in India. The enactments were no more called regulations but they were
called acts. The powers of the subordinate government of Madras and Bombay
could make or suspend laws in cases of urgent necessity subject to the final
approval of the Governor General. They were also empowered to propose for
consideration of the governor general in council such draft of laws as they
considered expedient together with reasons for proposing the same. The act
increased the members 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 had no power to sit or vote for other matters. Lord Macaulay was the first law
member.
 MACAULAY AND HIS OPINION

Macaulay, the first law member of the Government of India, appointed in the
consequence of the charter act of 1833 was of the opinion that system should be
uniform as far as possible and that no distinction ought to be made between one
class of people and another, except in cases where it could be clearly made out that
such a distinction was necessary for pure and efficient administration of justice.
His view was that the English and the natives be put exactly on the same basis in
all civil proceedings and that they be made amenable to all courts of the company
except those of the munsifs. An exception was made in case of the Munsif
because of the apprehension that an Englishman could overawe him and extract
more than justice from his court. Macaulay also suggested abolition of that
privilege of the British residents in the Muffosils by which they could go in appeal
from the company’s courts directly to the Supreme Court instead of the sadar
adalat4. The fact is that in practice this privilege was not very much used by the
British subjects and scarcely any appeal was taken to the Supreme Court at
Calcutta.
But the existence of such a provision raised questions of higher policy. It had a
demoralizing effect on the company’s court .The privilege implied that while the
sadar adalat composed of select member of the company’s service might be good
enough for millions of Indians it could not be trusted to administer common justice
to a few hundred white men . The anomaly was unjust and there was no valid
reason for maintaining it. Macaulay characterized it as an effort to cry down the
company’s courts. He declared to give to every English defendant in every civil

4
Chapter VIII Charter act of 1833
cause a right to bring the native plaintiff before the supreme court is to give every
dishonest Englishman immunity against almost all civil prosecution . The supreme
court was a dilatory and a terribly expensive court. Fighting an appeal there was an
extremely inconvienent proposition for an Indian. It was not unlikely that an
Indian who had gone his call in the Muffosil would forgo his victory rather than
submit to the threat of being dragged into the supreme court.
 SEC. 87 OF THE ACT

Section 87 of the act declared that “No Indian subject of the company the
company in India shall by reason only of his religion ,place of birth,colour,or any
of them, be disabled from holding any place ,of his or employment under the
company”. This provision became very important as it was a bold step to remove
disqualifications. The object of the act, it was emphasized was not to ascertain
qualification but to remove disqualification. In application of the provision fitness
alone was henceforth to be a criterion of eligibility. In fact not a single Indian was
appointed in the covenanted service during the company’s regime. The importance
of this provision lies in the fact, according to Sriram Sharma that it became the
sheet anchor of political agitation in India towards the end of the century. Almost
all political activities in the earlier years of national awakening turned on this
clause, which came very handy when demands were being made for giving Indians
equal opportunities in administration.

So we can conclude that section 87 was a very crucial in facilitating equal rights to
Indian natives under British rule. The provisions of this act were directed at giving
equal footage to the Indian natives of the country as par with the Englishmen
residing in the country. This act was also aimed at ensuring quality in the judicial
and administrative machinery of the country. As is said in the comments that this
act is aimed at the removal of disqualification from the system. Finally we can
conclude that section 87 of the charter act of 1833 was one of the most important
sections of the same.
 MERITS AND DEMERITS OF THE CHARTER ACT OF 1833

Various merits and demerits of the charter act of 1833 are as follows:
1. The Charter Acts of 1833 centralized the administration in India. The Governor
General of Bengal, according to the act was declared as the Governor General of
India. The jurisdiction of the Governor General in council was extended
considerably. The Charter Act of 1833 vested the Governor General in Council
with the powers of control and superintendence of the civil and the military affairs
of the Company. Bombay, Madras and Bengal and other territories came under the
direct control of the Governor General in Council. All revenues were to be raised
under the authority of the governor general in Council who had also to control the
Entire system of expenditure.
2. The Charter Acts of 1833 emphasized the legislative centralization. The
Government of Madras and Bombay were deprived of their powers of legislation.
The state governments were only left with the powers of proposing the project of
laws to the governor General in council.

3. Section 87 was a landmark section. The object of the act, it was emphasized was
not to ascertain qualification but to remove disqualification. In application of the
provision fitness alone was henceforth to be a criterion of eligibility.

One of the demerits of this act was that it was heavily criticized by the British
people residing in India and was termed as “The Black Act”. While the repeal of
the privilege was essential and justified in principle there was an outcry in Calcutta
against the government proposal to that effect. The proposed measure in fact came
to be characterized by the British people as the black act. The indignant British
subjects indulged vehement propaganda against the act. But the government was
convinced of the expediency of the measure and it refused to scum to this agitation.
The interesting point to note is that the agitation was carried on not by the English
man in the muffosil who were directly going to be affected by the proposed
measure but by the English community of Calcutta to whom the measure was not
to apply and who was to remain under the Supreme Court as usual.
 CONCLUSION
The charter act of 1833 was a landmark enactment during British rule in India.
This act facilitated more power to the native Indians and advocated peoples rights.
It curtailed the administrative powers of the East India Company which culminated
into less exploitation of the public.
The charter act of 1833 acted as a fresh lease to the East India Company in India to
operate in India. The Act gave another lease of life to the Company for twenty
years to administer the Indians territories. The territorial possessions of the
company were allowed to remain under its government for another term of 20
years (till 30-4-1854) in trust for his Majesty, His heirs and successors. The
commercial function of the company was taken away and the company remained
only as a political functionary.

This act of 1833 also resulted into legislative and administrative centralization of
the judicial and administrative machinery .

The Charter Acts of 1833 centralized the administration in India. The Governor
General of Bengal, according to the act was declared as the Governor General of
India. The jurisdiction of the Governor General in council was extended
considerably. The Charter Act of 1833 vested the Governor General in Council
with the powers of control and superintendence of the civil and the military affairs
of the Company. Bombay, Madras and Bengal and other territories came under the
direct control of the Governor General in Council. All revenues were to be raised
under the authority of the governor general in Council who had also to control the
entire system of expenditure.
The Charter Acts of 1833 emphasized the legislative centralization. The
Government of Madras and Bombay were deprived of their powers of legislation.
The state governments were only left with the powers of proposing the project of
laws to the governor General in council.

Various sections of this act like that of section 87 was aimed at mitigating the
discrimination between the Indian natives and those of the British subjects residing
in India.

We can conclude that the charter act of 1833 was one landmark enactment in
regard to facilitation of equality and eradication of discrimination between the
Indian natives and those of the British residing in India. However it was also
heavily criticized for its certain provisions by the British subjects itself.
BIBLIOGRAPHY:-

1. History of india part 2, ed.6 eastern book

company,2006

2. B.M. Ghandhi,8th edition, Landmarks in Indian legal

and constitutional history, eastern book company

3. Prof.M.P Jain , Outlines of Indian legal and

th
constitutional History, 6 edition, Wadhwa nagpur