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REGULATING ACT OF 1773 

REGULATING ACT OF 1773

About Act of 1773 
  • Formally called East India Company Act 1772
  • Lord North was the then British PM
  • It did not completely take over power from East India Company(EIC), hence called ‘regulating’
  • It was the first landmark law with respect to Indian constitutional development
Why Passed
  • By 1773 EIC was in a very bad financial crisis
  • EIC had defaulted annual payments to Crown (payments were made to maintain trade monopoly)
    • This was primarily because of losses suffered in tea sales to America
    • 85% tea that traveled to America was actually smuggled Dutch tea
  • Tea Act 1773
    • It was then passed to reduce massive amount of tea held in London warehouses by EIC
    • It helped EIC financially
  • 1772 – EIC sought loan of 1 million pounds from Crown
  • Corruption and nepotism prevailed in EIC
  • Bengal Famine caused further trouble
  • Complex Dual form of administration instituted by Robert Clive in Bengal drew lot of complaints
    • EIC – had Diwani rights ( Revenue)
    • Nawab – had Nizamat rights (Judicial + Police)
    • But in reality, both powers were with EIC
    • Farmer, people welfare was neglected over maximizing revenue
  • Lawlessness increased in Bengal
  • 1769 – Hyder Ali defeated EIC
Imp Points
  1. First Time
    • First Step by Crown to control EIC
    • First time gave recognition to Political & Administrative functions of EIC
    • Laid Foundation for Centralised Administration of India
  2. Features
    1. Governor of Bengal & Supreme Council
      • Created post of Governor-General of Presidency of Fort William  & so Governor was now called Governor-General of Bengal
      • 1st Governor-General of Bengal : Warren Hastings
      • 4 Councilors to assist Governor-General ->jointly called ->  Supreme Council of Bengal or Governor-General Council
      • Only Crown had powers to remove members of Governor-General Council
      • Decisions of council were decided by majority
      • Military Chief was also included in the council sometimes
      • First Supreme Council
        • Governor-General : Warren Hastings
        • 4 members
          • Lt-Gen John Clavering
          • George Monson
          • Richard Barwell
          • Philip Francis
    2. Governors of Bombay & Madras
      • were made subordinate to Governor General of Bengal
      • earlier they were independent presidencies
    3. Supreme court
      • A Supreme Court was established at Fort William – 1774
      • 1 Chief Justice , 3 Judges
      • First Chief Justice – Elijah Impey 
      • Only British Judges served
    4. EIC Servants Private Trade
      • Ended with this Act
      • EIC servants could no longer accept presents and bribes from natives
    5. EIC Court of Directors
      • They had to now report on Revenue, Civil & Military
    6. Limited Company dividends to 6% until it repaid a £1.5m loan (passed by an accompanying act)
    7. Restricted Court of Directors to 4-year term
      • 1/4th to retire every year
      • No Re-election allowed
Drawbacks
  • Governor-General had no veto power in council
  • The Act didn’t address concerns of Indians
  • The Act failed to check corruption in EIC
  • Powers of Supreme Court were not well defined
  • Parliamentary control of EIC activities proved ineffective and the reports of Supreme Council were neglected

READ FULL MODERN HISTORY NOTES HERE

Sumit Teotia

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