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CHARTER ACT 1833

CHARTER ACT 1833

About
  • Also called Saint Helena Act 1833 or Government of India Act 1833
  • It extended the East India Company (EIC) charter by 20 years
  • It converted EIC into a administrative body by ending it’s commercial activities
  • EIC also lost Chinese trade monopoly
  • Permitted English to settle freely in India, hence legalised British colonisation
  • EIC still possessed Indian territories, but these were held as ‘in trust for his majesty’
  • First step
    • Towards Centralisation
    • Government of India was created
  • India became British colony in true sense
  • Act came in background of follwing developments in Britain
    • Industrial Revolution
    • Search for markets
    • Rise of laissez-faire economic ideology
Important Points
  1. Governor-General of Bengal
    • He was re-designated as Governor-General of India ( First – Lord William Bentinck)
    • Hence Government of India was created for the first time
    • Government had authority over entire British Possessions
    • EIC territories were now to be held as – ‘In trust for his Majesty, his heirs and Successors’
  2. Exclusive pan British India Legislative Powers to – Governor General & his Council
    • Governor General of India
      • Got legislative Power to -> amend, repeal ,alter any law, with respect to all people and places in British India, whether British, foreign or Indian
      • Governors of Bombay & Madras –> Lost legislative powers
      • Laws under previous Acts to be called – > Regulations
      • Laws under Charter Acts to be called – > Acts
      • Act mandated – any law made in India was to be put before the British Parliament and was to be called ‘Act’
      • India’s administration -> unified under one control
    • Governor-General council
      • Got legislative Power to -> amend, repeal ,alter any law, with respect to all people and places in British India, whether British, foreign or Indian
  3. Governor-General council
    • was to control comapny’s civil + military affairs
    • strength was fixed at 4
    • 4th member
      • for legislative work
      • had limited power
      • 1st –> Lord Macaulay
  4. For first time
    1. Governor Generals Government was called – Government of India
    2. His Council was called- India Council
  5. Indian Law Commission Established
    • Sought to codify all Indian laws
    • Chairman of 1st Law commission ->  Lord Macaulay
  6. Provision for division of Bengal Presidency
    • Agra & Fort William
    • But this never happened
  7. Civil services
    • Act attempted
      • to introduce open competition for selection -> civil servants
      • Hailey Bury College of London to make quota to admit future civil servants
    • But this provision was negated after opposition from Court of Directors who continued to hold privilege of appointing Company officials(civil servants)
  8. First Act – Indians in Government services
    • Section 87 allowed Indians in Government services
      • selection was to be basis merit only and not caste colour etc
      • Court of Directors were to nominate annually 4 times as many candidates as vacancies
      • Selection was to be based on an exam
  9. Slavery
    • The Act provided for mitigation of Slavery
    • In 1833 – British Parliament had abolished slavery in Britain & all its possessions
  10. Tilt towards Christianity
    • Act allowed -> 3 Bishops in India
    • It also regulated establishment of Christian institutions in India
  11. Changes in East India Company (EIC)
    • The Act extended EIC charter by 20 years
    • Ended EIC as commercial Body, it was now only an Administrative body
    • EIC lost trade monopoly
      • with China
      • and parts of Far East
    • Board of Control (BOC) was vested with full power and authority over EIC
  12. Island of Saint Helena
    1. British Crown took control of Saint Helena island from East India Company(EIC)
    2. This provision was repealed by Government of India Act 1915
 Significance of Charter Act 1833 – Analysis
  • The Charter Act 1833 was a landmark moment for constitutional and political history of India
    • Firstly
      • Elevation of Governor General of Bengal as Governor General of India was a major step towards consolidation and centralization of Indian administration
    • Secondly
      • The end of East India Company as a commercial body effectively made it trustee of crown in administration
    • Thirdly
      • The Act for the first time made provision to freely admit Indians into administration. Indians could enter into the civil service but the process was still very difficult. 
    • Fourthly
      • Act for the first time separated the legislative functions of the Governor General in Council from the executive functions. Also, it provided for a law commission under Lord Macaulay to codifiy laws
Note : Saint Helena 
St Helena Island
  • It is a remote volcanic tropical island in South Atlantic Ocean
  • It belongs to UK
  • It is one of the 3 British Overseas Territory grouped as Saint Helena, Ascension and Tristan da Cunha
  • It is named after Saint Helena of Constantinople
  • As one of the most isolated islands in world it was was uninhabited when discovered by the Portuguese in 1502
  • For many centuries it was an important stop over for ships sailing to Europe from Asia and Southern Africa 
  • It was also the place of imprisonment of Napoleon by British from 1815 to his death in 1821
  • It is United Kingdom’s second-oldest overseas territory after Bermuda

READ FULL MODERN HISTORY NOTES HERE

Sumit Teotia

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