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
- 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’
- 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
- Governor General of India
- 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
- For first time
- Governor Generals Government was called – Government of India
- His Council was called- India Council
- Indian Law Commission Established
- Sought to codify all Indian laws
- Chairman of 1st Law commission -> Lord Macaulay
- Provision for division of Bengal Presidency
- Agra & Fort William
- But this never happened
- 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)
- Act attempted
- 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
- Section 87 allowed Indians in Government services
- Slavery
- The Act provided for mitigation of Slavery
- In 1833 – British Parliament had abolished slavery in Britain & all its possessions
- Tilt towards Christianity
- Act allowed -> 3 Bishops in India
- It also regulated establishment of Christian institutions in India
- 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
- Island of Saint Helena
- British Crown took control of Saint Helena island from East India Company(EIC)
- 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
- Firstly
Note : Saint Helena
- 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