Constitutional History Part 1

1600

East India Company came to India as Traders

How?

Got exclusive trading rights in a charter by Queen Elizabeth - I

1764 - Battle of Buxar

Between:

Nawab of Bengal (Mir Qasim)
Nawab of Awadh (Shuja-Ud-Daula)
Mughal emperor (Shah Alam II)

V/S

East India Company

Output:

Treaty of Allahabad:

Dual system of government introduced in Bengal

EIC got Diwani rights at BBO

Diwani Rights = Revenue Collection, Civil Justice
BBO = Bengal, Bihar & Orissa

Annual subsidy to ‘Mughal Emperor Shah Alam II’
Annual Pension to ‘Nawab of Awadh’ Shuja-Ud-Daula

1765 - 1772

Dual system of government - By Robert Clive

Company Officials - Had Authority, No Responsibility
Indian Representatives - Had Responsibilities, But no Authority

1767

Corruption by company servants, Private Trading
First Intervention by British Government

Asked 10% share in the Plunder (Loot)

Results

Company leading to Bankruptcy
But servants were Flourishing

1. The Regulating Act of 1773

1st step by British govt. to control EIC
Recognised first time two distinct functions of EIC:

Political
Administrative

Foundation of Centralization

Features:

Governor of Bengal -> Governor General of the presidency of Fort William
1st GGoB = Lord Warren Hastings
Executive Council: 4 members, to assist GGoB
Madras and Bombay: Became subordinate to GGoB (earlier independent)
Control of British govt: Court of Directors (Governing body of EIC) had to submit a report of revenue, civil and military to British govt.

1774 Charter of Justice

Supreme Court established at Fort William, Calcutta

Comprised of: 1 CJI + 3 other Judges

The servants of the company were prohibited from accepting bribes or presents from the natives, or engaging in private trade.

Scope:

The Scope was limited to specific areas and did not extend to entire Indian subcontinent.

1781 Amendments (Act of settlement)

To amend the defects of the Regulating Act of 1773
SC Jurisdiction defined, within Calcutta.

Judgment by Person Laws

Social & religious usages were honored.
Servant = immune for activities during duty.

2. Pitt's India Act, 1784

Features:

Governor General: Now had council of three, including Commander-in-Chief.
Bifurcation of Function: System of Double Government:

(A) Court of Directors: Commercial functions.
(B) Board of Control: Political, Civil & military functions.

Structure of BOC: British Chancellor of exchequers, a Secretary of State, four members of Privy Council, appointed by Crown.
General prohibitions on wars and treaties (but even though it used to be violated too)
First time Company's territories in India were called as ‘British Possession in India’. British government got supreme control.

Amending Act of 1786

Governor General got powers of Commander-in-Chief.
Lord Cornwallis was allowed to override council's decision, in special cases, and act on his own special responsibility.
Later it was extended for all Governor - General.

3. Charter Act, 1793

Home govt. members: Salary from Indian revenue.

EIC made annual payment to home govt.

Extended EIC commercial rights for 20 years.
Governor General – power to disregard majority in council
Commander in chief was not the member of Governor General’s council.
EIC allowed to increase dividend to 10%.
Separation of revenue and judicial functions

Courts reorganised, jurisdictions redefined.
Maal Adalats (Revenue Court) disappeared.

4. Charter Act, 1813

Reasons:

Laissez-Faire in Britain. Pressure by British businessmen to end EIC trade monopoly.
Continental system by Napoleon: European Ports = closed for Britain.

Due to Britain and France rivalry.

Features:

BOC: Powers increased.
End of Monopoly of East India Company

But trade with China + trade in tea continued.

Permission to Christian Missionaries to promote moral and religious improvements.
Company shareholders -> 10.5% dividend on the revenue of India.

Company’s debt reduced.

State became responsible for education. One lakh/year for education.
Local governments to impose taxes on persons subject to the jurisdiction of the Supreme Court.
EIC got 20 years more possession over territory.
Crown became constitutional head.
First time defined the British territories of India explicitly.

5. Charter Act, 1833

Features

GGoB became GGoI (Governor General of India).

GGoI got exclusive legislative powers all over India.
Lord William Bentick: first GGoI.

Bombay and Madras were under control of GGoI.
All civil + military powers also given to GGoI.
Laws by previous acts = Regulations

Laws by this act = Acts

Attempted to introduce a system of open competition (Indians too) for civil services. But Court of Directors rejected it.
No slavery. (slavery abolished in 1843)
No restriction to migrate in India. (European)
EIC became purely administrative (no more a commercial body).

It's monopoly over trade with China and tea also ended.

Territories of India were to be governed in the name of crown [In tryst of His majesty, His heirs and successors].

It was the final step towards centralization.

6. Charter Act, 1853

Features:

Introduced Parliamentary system: Separation of power between LC and EC of Governor General's council.

ILC worked as Mini-Parliament.

Legislative council (LC)

Introduction of Local Representation: 6 members selected.
4/6 appointed from local provincial govt. of Madras, Bengal, Bombay & Agra.

Executive council (EC)

Veto over LC
Law Member = full time member of EC.

Macaulay Committee on ICS, 1854

Open competition for civil services (Indians too).

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1600

East India Company came to India as Traders

How?

Got exclusive trading rights in a charter by Queen Elizabeth - I

1764 - Battle of Buxar

Between:

Nawab of Bengal (Mir Qasim)
Nawab of Awadh (Shuja-Ud-Daula)
Mughal emperor (Shah Alam II)

V/S

East India Company

Output:

Treaty of Allahabad:

Dual system of government introduced in Bengal

EIC got Diwani rights at BBO

Diwani Rights = Revenue Collection, Civil Justice
BBO = Bengal, Bihar & Orissa

Annual subsidy to ‘Mughal Emperor Shah Alam II’
Annual Pension to ‘Nawab of Awadh’ Shuja-Ud-Daula

1765 - 1772

Dual system of government - By Robert Clive

Company Officials - Had Authority, No Responsibility
Indian Representatives - Had Responsibilities, But no Authority

1767

Corruption by company servants, Private Trading
First Intervention by British Government

Asked 10% share in the Plunder (Loot)

Results

Company leading to Bankruptcy
But servants were Flourishing

1. The Regulating Act of 1773

1st step by British govt. to control EIC
Recognised first time two distinct functions of EIC:

Political
Administrative

Foundation of Centralization

Features:

Governor of Bengal -> Governor General of the presidency of Fort William
1st GGoB = Lord Warren Hastings
Executive Council: 4 members, to assist GGoB
Madras and Bombay: Became subordinate to GGoB (earlier independent)
Control of British govt: Court of Directors (Governing body of EIC) had to submit a report of revenue, civil and military to British govt.

1774 Charter of Justice

Supreme Court established at Fort William, Calcutta

Comprised of: 1 CJI + 3 other Judges

The servants of the company were prohibited from accepting bribes or presents from the natives, or engaging in private trade.

Scope:

The Scope was limited to specific areas and did not extend to entire Indian subcontinent.

1781 Amendments (Act of settlement)

To amend the defects of the Regulating Act of 1773
SC Jurisdiction defined, within Calcutta.

Judgment by Person Laws

Social & religious usages were honored.
Servant = immune for activities during duty.

2. Pitt's India Act, 1784

Features:

Governor General: Now had council of three, including Commander-in-Chief.
Bifurcation of Function: System of Double Government:

(A) Court of Directors: Commercial functions.
(B) Board of Control: Political, Civil & military functions.

Structure of BOC: British Chancellor of exchequers, a Secretary of State, four members of Privy Council, appointed by Crown.
General prohibitions on wars and treaties (but even though it used to be violated too)
First time Company's territories in India were called as ‘British Possession in India’. British government got supreme control.

Amending Act of 1786

Governor General got powers of Commander-in-Chief.
Lord Cornwallis was allowed to override council's decision, in special cases, and act on his own special responsibility.
Later it was extended for all Governor - General.

3. Charter Act, 1793

Home govt. members: Salary from Indian revenue.

EIC made annual payment to home govt.

Extended EIC commercial rights for 20 years.
Governor General – power to disregard majority in council
Commander in chief was not the member of Governor General’s council.
EIC allowed to increase dividend to 10%.
Separation of revenue and judicial functions

Courts reorganised, jurisdictions redefined.
Maal Adalats (Revenue Court) disappeared.

4. Charter Act, 1813

Reasons:

Laissez-Faire in Britain. Pressure by British businessmen to end EIC trade monopoly.
Continental system by Napoleon: European Ports = closed for Britain.

Due to Britain and France rivalry.

Features:

BOC: Powers increased.
End of Monopoly of East India Company

But trade with China + trade in tea continued.

Permission to Christian Missionaries to promote moral and religious improvements.
Company shareholders -> 10.5% dividend on the revenue of India.

Company’s debt reduced.

State became responsible for education. One lakh/year for education.
Local governments to impose taxes on persons subject to the jurisdiction of the Supreme Court.
EIC got 20 years more possession over territory.
Crown became constitutional head.
First time defined the British territories of India explicitly.

5. Charter Act, 1833

Features

GGoB became GGoI (Governor General of India).

GGoI got exclusive legislative powers all over India.
Lord William Bentick: first GGoI.

Bombay and Madras were under control of GGoI.
All civil + military powers also given to GGoI.
Laws by previous acts = Regulations

Laws by this act = Acts

Attempted to introduce a system of open competition (Indians too) for civil services. But Court of Directors rejected it.
No slavery. (slavery abolished in 1843)
No restriction to migrate in India. (European)
EIC became purely administrative (no more a commercial body).

It's monopoly over trade with China and tea also ended.

Territories of India were to be governed in the name of crown [In tryst of His majesty, His heirs and successors].

It was the final step towards centralization.

6. Charter Act, 1853

Features:

Introduced Parliamentary system: Separation of power between LC and EC of Governor General's council.

ILC worked as Mini-Parliament.

Legislative council (LC)

Introduction of Local Representation: 6 members selected.
4/6 appointed from local provincial govt. of Madras, Bengal, Bombay & Agra.

Executive council (EC)

Veto over LC
Law Member = full time member of EC.

Macaulay Committee on ICS, 1854

Open competition for civil services (Indians too).

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