Historical Background

Advent o the British(1600-1765)

31st dec 1600 (Constitution of East India Company):

i. A company named EIC was constituted. It was a group of merchants of London.
ii. It was constituted by the royal charter of 1600 granted by Queen Elizabeth I.. The royal of
Britain formed a charter(farmaan) through which the EIC was constituted.
iii. According to Charter: the EIC will have i)it laid down the constitution, powers and previleges of
the company(i.e. some nominal legislative power) & ii) monompoly rights for trade with India and
some areas of South East Asia for an initial period of 15 years. . (Some aristocrate traders wanted to trade
in Indian ocean monopoly by forming a company under name EIC.)
iv. In the company there were 216 members(usually they were knight & alderman). (This traders will decide
the future of Indian subcon from hereon.) . To manage them they had One governor(i.e. today’s CEO); they used
to called ‘Director’ and 24 directors(i.e. Board of directors. They called it court of Directors). The management
of the Company was entrusted by these 25 men in England.This company took the monopoly
permission from the monach of the British to trade Cotton, Silk, Indigo, Dye, Sugar, salt, spices,
opium, tea.
v) The Governor and the company could make laws for ensuring good governance of the company,
regulating its business and maintaining discipline among its servants. But the legislative power of
the company was very limited. They could not make any laws contrary to the laws, conventions and
precedents in Britain.

It took 8 years to reach the shores of India.

1608: First time the EIC ship reach at Surat.

1611: First factory(trading centres) at Masulipatnam in Andhra Pradesh.
1612: Second factory(trading centres) in Surat

1612: Battle of Swally(near Surat): small (4-5)naval battle between EIC and Portugese. {During this
period the navy of England i.e. Britain, Spain, Dutch, france, was strong. They use to trade with other countries.} The
battle was won by EIC (we are studing about EIC bcoz EIC won the battle and finally was successful in ruling the
India. )

This battle is considered as the root of the modern Navy.

After the war the EIC came to be preference by the Mughal’s Emperor. (At that reign the Akbar’s son
Jahangir was ruling. The emperor who built Taj Mahal was not the emperor yet.)

1612: Thomas Roe(A diplomat of britain) was sent to Jahangir to arrange a commercial treaty for
exclusive rights in Surat. Recently the war of Swally was won by the EIC which impressed the
Jahangir and he took the rights from Portuguese traders and granted the exlusive rights to EIC.
This was the start of the EIC Dominance in Ind subcon.

1619: Trading post in Surat

1634: The treaty of exclusive trade was extended to bengal by Mughal Emperor Shahjahan(son of
Jahangir).
1639: Second trading post at Madras.
1668: Third trading post in Mumbai

Charter of 1669: Authority to rule over definite area.: The island and port of Bomaby were entrusted
to the company at an annual rental of Sterling Pounds 10. Simultaneously, the company was given
the power to make necessary laws and issue ordinances for the good government of Bombay and its
residence. Thus for the first time in 1669 the company acquired the authority to rule over a definite
territory and its people.
From a mere trading it became a ruler.

EIC was still just a trading organisation

As there was a cut-throat competition among the Englands for trade and constant war was carried
among them which would threat their goods. So they wanted to keep a watch guards for their
factories.
1670: a charter was passed with i)a right to autonomous teritorial acquisition. (their monarch thought to
give them some powers to carry out trade peacefully as he was impressed bcoz this traders was very rich and was
contributing in their economy). ii) to make war and peace, iii)exercise civil and criminal
jurisdiction(Britain has monarch, they have law so they exercise it in Britain jurisdiction but the traders in other
country was not under Britain jurisdiction so they asked for the jurisdiction of EIC.)
Since this EIC which was a trading company, now slowly they acquired government type of powers

Charter Act 1677: The company was given the rights to issues its own coins.
Charter act 1683: The Charter empowered the company itself to declare war and enter into treaties
subject to the provision that the company itself could not assume sovereign powers over any
territory. Whatever territories were acquired by the company or came under its control, were all for
British Crown with the company acting as its representatives.
1690: Third trading post in Calcutta.

Progress till now

Charter 1600: Birth of EIC
charter 1661: more legislative power(as discussed in 1670)

The power and privileges of the company were enlarged by each subsequent charter.
By the year 1700, the company had established its factories(trading centres) and chief settlements at
Bombay, Madras and Calcutta.

1707: Taking advantage of the weakening central authority, disintegration of the Mughal Empire
and disturbed conditions all over the country after Aurangzeb’s death, the company gradually
emerged as the dominant power.

Charter 1726: Empowered the Governor-in-General of the three presidencies of Bombay, Madras
and Calcutta to make bye-laws, rules and ordinances in the conformity with the English laws and
subject to approval by the Court od Directors. (i.e. More legislative power. i.e. rights to make their
own laws)
Englisj laws were expressly introduced and Mayor’s Court established in the three Presidencies by
the 1726 Charter. (first time Uniform judicial system was established. the rights to war and peace was
converted to judicial system)
This judicial system can be said as the most rudimentary judicial system of our modern judicial
system

1746-1748 First Carnetic(region on eastern ghats/coast; region surrounding Madras(British Port),

pondicherry(French Port)) war:
Back story behind this war:
• The enemity of French and Europe was carried out from thie country land(as we see
Britain is an island while French is connected to mainland of England so Britain looted
the mainland and french had to defend it.; Extension of Austrian accession war between
French and British, started in march 1740)
 • Contest between England and France to not only get monopolistic control of Indian trade
but obtain substantial politics control over country.
• Unability of Deccan Viceroyality(Weekened Mughal Centre) to protect the interest of the
Europe.
Events:
• Dupleix(French gen. Of Pondicherry) plead Carnatic Nawab Anwaruddin to prevent
outbreak of war, and adviced Morse(British Gen. of Madras) to avoid battle.(All
accepted)
• Barnet(British Naval officer) captured French ships.(innocently, also may be due to
communication gap)
• Dupleix invited La Bourdonnais(French Gen. Of Mauritius) to defeat British and
beseige Madras
• 21st Sept, 1746 Madras captured, La Bourdonnais bribed by British and left, Madras
captured by British.(La was thinking to ask for ransom against the captured territory
as he wanted money which was realised by Britishers and Britishers were wealthy
and offered him money, La left taking his money and Madras was took back by
British.)
• Dupliex recaptured Madras and tried to capture Fort St. Davis but failed and
promised to cede Madras to Anwaruddin.(As Dupleix was carrying out battle in his
territory so he asked him on what grounds he was fighthing on his land in reply
Dupliex convinced him by saying he was retaliating and after winning the Madras he
would give it to Anwaruddin.)
• Battle of St. Thome: Near banks of Adyar River.
◦ Anwaruddin dispatched army of 4000 natives against Dupleix as the latter
refused to cede Madras.
◦ Mehfuz Khan(Nawab’s son) with 4000 men faught Capt. Paradise(French) with
an army of 230 Europeans and 700 Natives, and natives lost.(bcpz french army
were modern)
• Treaty of Aix La Chapelle: 1748, Madras handed to British and Loisberg (Don’t
know) to French.[Basically a treaty was signed(bcoz Austrian accession war ended)
between British and French in England. According to treay, the captured territory of
eachother in India was handed back to eachother peacefully]
Conclusion:
• It was a draw with no immidiate political effect.
• The incompetency of Indian rulers and efficiency of Indian troops was revealed
• On land French superiority had been clearly displayed.
• Dupleix had given ample proof of his extraordinary skill and Diplomacy.
• British had failed to defend Madras and unsuccessfully conducted the land-cum-sea
operations.

1748-1754 Second Carnetic War

Causes
• Political ambition of Dupleix to increase French political influence in Southern India(As
in previous war he gave tough fight to Britishers as well as won easily against
Anwaruddin, so he was quite confident. So now he was looking for ways to exploit the
powers)
• Local Dynastic Disputes were open for exploitation because of struggle for accession of
throne in Hydrabad and Carnetic.
• Accession War for Subhedarship of Hydrabad after the death of Nizam-ul-Mulq(1748)
between his son Nasir jang and his nephew Muzzafar Jang.
• Accession War for Nawabship of Carnetic after the death of Dost Ali between his son
Anwaruddin and Son-in-Law Chanda Sahib
 • French sided Muzzafar Jung and Chanda Sahib(bcos they were the real claimer of
throne)
• British sided Nasir Jung and Anwaruddin.
This was the first incident when foreign power were taking interest in local disputes of
political dominance. This diplomatic behaviour was first(i.e. Pioneer) used by Dupleix.
Events:
• Battle of Amber: 3rs Aug, 1749 near Vellore.
• Chanda Sahib + Muzzafar Jung + Dupleix v/s Anwaruddin
• Anwaruddin was killed(His som Muhhamad Ali had to run from the battle-field and
took refuge in Trichinapally). In Dec 1750 Nasir Jung was killed(due to accident in
other battlefield)

(Now both the position allied by Britishers was vacant and now french could either accend
or could accend among his alliance.)
• Muzzafar Jung was made Subhedar of Deccan and rewarded Dupleix by appointed
him Governor of Mughal territories below river Krishna.(This made to estalish the
inhouse political control of French.)
• Some district of Circar ceded to French(they wanted coastal to establish trade to
French)
• French regent Bussy in Hydrabad.
• 1751 Chanda Sahib was made the Nawab of Carnetic.(All this succes of French,
britishers were angry)
• Muhammad Ali aided by British, Chanda Sahib and French beseiged(surrounded) the
Fortress
(Here come the ‘jackpot’ of British, Rober Clive, he was a mere clerk in EIC of British.
There were many EIC of differen countries like EIC of Prance, EIC British, EIC Dutch. Some were
Private company other were Govt. Company. EIC British was Private while EIC France was Govt.
means both have different work culture. As govt is not more efficient as compare to private not the
higher officer listen to their lower position but this was not the case in EIC British. Robert Clive
was mere a Clerk but still his plan was listen by his senior position Gen of Bengal Saundars and
even gave the full support to execute the plan and the next point was the part of plan)
• Robert Clive advised to Saundars(Govt. Of Bengal) attach Arcot(Capital of Carnetic)
• In 1751 Robert Clive and his 210 men captured Arcot.
• Chanda Sahib dispatched 4000 soldiers but Clive kept the seige for 53 days.
• British captured Trichinopoly and French surrendered in June 1752, Chanda Sahib
was killed by king of Tanjore.
• Mohammad Ali was made the Nawab of Carnatic.
• Directore of French EIC recalled Dupleix.
• 1754 Godehue was appointed as the Gen of French EIC in India, in Jan 1755 he
proposed a provisional peace treaty signed in Pondicherry by two Companies
Coonclusion:
• Second round of conflict also proved inconclusive.
• French dominated till Dupleix was recalled.
• Northern Circar region ceded French by Muzzafar Jung.(means still indirect french
control)
• On land English Generalship was Superior after that.
• Gohedue started the decline of French power in India.
1757: Battle of plassey: 23rd June 1757 (Indeed the date is accepted from the date when EIC raj started on
Indian Subcon. Initially Mughal emperor’s were ruling the subcon later 1757-1857 EiC had their poltical dominance
simultanous existing with mughal emperor, later 1857 singularly British cown ruled)

Battle of Plassey was a battle between EIC General Robert Clive and Nawab of Bengal Siraj-Ud-
Daulah.
It was the most important battle from future of Indian subcontinent. This war decided who is going
to govern on Indian subcontinent.

Background story of the Battle:

• This battle was faught bcoz as Shahjahan give the extended exclusive right to EIC: Under
this rights the Nawab’s of Bengal used to give protection to EIC in return EiC used to pay
some taxes to Nawabs. EIC was misusing their exclusive trade previledges and non-payment
of taxes. That is why nawab of bengal seized the Fort William(EIC built their fort till now in many
parts of the subcon) and put the soldiers (anglo-indian i.e the Indians who use to work for British) in
dungen(a small Jail). The Dungen was for 6 people but they put 146 people, due to exhaustion
123 were died. This incident is called the Black hole tragedy in indian’s history. This tragedy
happend in near to 1756.
• This tragedy had finally led the britishers to relaize that Indians wants to face off with the
britishers bcoz the enimity caused against nawabs was not under control. Then Robert
fought the battle against nawab on 23rd June and this war was won by EIC with corruption.
• Robert bribed Mir-Jafar(Commander-in-Chief of Nawab’s army) for not participating in war
in return he would be the nawab of Bengal and hence Robert won the battle.
• This battle finally laid the foundation of the political domination of EIC in the Indian
Subcon
• Later, mir-jafar was appointed as nawab for next 3 years.

1760: Mir-Qasim(son in law of Mir-jafar) was appointed the nawab.

1759-63 Third Carnetic War

Events
• Count de Lally reached India in 1758 and captured fort St. David and attacked
Tanjore but failed. (Count de lally was specially sent for wars from French EIC)
• Meanwhile British aquired Bengal in 1757(Battle of Plassey) and immense weaalth
and also captured Chandranagore(French factory)
• Count de Lally beseiged Madras but have to retreive as british reinforcements
reached from Bengal.
• Count de Lally called Bussy for ais, british captured Circar after he left Hydrabad.
(French’s biggest Blunder).(Lost Political influence)
• British fleet under pocock made French fleet under D’ache to retire from Indian
waters.(Lost water means lost trade)
• 1760 Battle of Waniwash: Sir Eyrecoot(British) v/s Count de Lally(French), french
lost.(Lost army influence)
• Brtitish captured pondicherry in 1761 and Mahe, Jinji, karaikal subsequently.
• Treatt of Paris in 1763(Peace treaty)
Conclusion:
• Third and final round of the struggle proveeed decisive.
• Pondicherry, Chandarnagore etc were returned to French but not to be fortified.
• Forfeited French to administer, army in India and reduced their status to only a
trading company.
• British became undivided economical and political masters in India.
 • French defeat opened door for slavery in india.

(They wanted to remove the foreign competition and therefore they had to faught battle with the
french.)

(We can come across the thinking of two european power in choosing the place to start their
political dominance.
French chosed Souther cost while British chosed Bengal. Bengal was giving maximum trade as
compared to southern coast. All the eastern countries trade was taking place from Bengal, it was
hotspot of revenue genration which in turn give strong economic backup to british as compared to
their contemporary rulers. Strong economic backup also provide them to modernise their military,
trade and transport including industralisation and that is why they rose to such a dominance. Tribute
to Robert clive’s vision)

1764: Battle of Bauxar October22, 23 1764

[After the Plassey, Mir-Jafar, the puppet of britishers, the EIC took many rights from nawab and became powerful, later
Mir-Qasim, puppet, but he was gaining power. Later, final battle, Battle of Bauxar, which made Eic more dominant. ]
• The battle was fought between the joint army of Mir-Qazim(Nawab of Bengal), Suja ud
Daula(Nawab of Awadh) and ShahalamII(mughal Emperor) against Hector Munro (General
of Robert clive).

This left the company in full control over Bengal.

1765: Shah Alam II entrusted the treaty of Allahabad which meant the

Treaty of Allahabad:
• Based on the terms of the agreement, Shahalam granted the EIC Diwani rights, or the rights
to collect taxes on behalf of the Emperor from the eastern province of Bengal-Bihar-Orrisa.
This rights allowed the EIC to collect revenue directly from the people of Bengal, Bihar and
Orissa.
• The company acquired full powers of land revenue collection and administration of civil
justice while the responsibility of administration, maintainance of law and order and
criminal justice remained with the Nawab.

Consequence of diwani;
• From last 164 years british used to take Salt, sugar, opium, indigo etc from India but give
gold to India. i.e. Money was imported in India and raw was exported .
• After Diwani, they collect taxes, means generating revenue. Some part of it was given to
nawab and the raw material was purchased from this revenue. And the raw material was
exported.
• This is the beginnng of India’s wealth transferring to Europe. (This was the biggest mistake
of battle of bauxar).
• This battle led to the dyarchy from 1765-1772

After this two war, EIC become very powerful politically as well as financially. This started its
career as a
territorial power.

Now the EIC was very powerful, as it was generating revenue from India.
After 175 years later, monarch of britain realised the corruption of Eic in Indian subcon as the
traders were became very rich.
The huge riches brought by the Company officials earned them jealousy and charges of corruption
from the British political class. So when the Company‘s finances were strained due to Wellesley‘s
wars the parliament thought it to be pertinent to pass the regulation Act of 1773.
The dyarchy whic prevailed during 1765-1772 proved disasterous and led to the appointment of an
enquiry committee recommended the need for regulating the activists of the company. The result
was the Regulating act 1773.

1773: Regulating act 1773.

{Till we reach to making of our Indian Constitution there are some landmarks which guides how we reach to our
constitution.}

Various Acts,
1773: British parliament bring Regulaing act of 1773.
1784 ....., 1813 ....., 1853 ...., Charter act. [This charters were proposed to increase the dominance of
Eic by various ways but we read to these acts bcoz there are some acts influenced by these acts.]
1858: Sepoy mutiny (This made realised the crown rule in England that to rule Indian Sub is not
possible by EIC and they pass a rule to replace EIC with their direct rule till 1947). The EIC was
liquidated in 1857 but it was finally liquidated in 1874.
1861 .... , 1892 ..., Council Act.
After 1992 they realised to bring Indian in governing
1909 ....., 1919 ...., 1935(GoI Act Indian Consitution is based 60% on it)
1947 final independent Act

Regulating Act, 1773 aka The East India Act, 1772.(10th June 1773)
Q. How Regulating Acts was introduced?
• The British were slowly being influenced by Adam Smith‘s free trade, and resented the
monopolistic control of the Company in trade with India.
• The huge riches brought by the Company officials earned them jealousy and charges of
corruption from the British political class.
• The territorial acquisitions of the East India Company produced a startling effect in England.
The public in General clamored for an immediate Parliamentary intervention.
• Two parliamentary Committees were appointed to enquire into the affairs of East India
Company.
◦ The servants of the Company were concentrating on their private trade. The trade of the
Company was being neglected.
◦ The Company has almost forgotten about trade and was progressively thinking in terms
of conquering more and more land. This needed large armies. Hence more expenditure.
This greed for land very often brought the Company in armed conflict with native
powers. This meant a heavy loss to the Company.
◦ The employees of the Company were given low salaries but they were allowed to carry
on private trade. The result was that the employees concentrated on their private trade
and became rich. The guiding principle for the employees of the Company was to make
money.
◦ The effect of this anarchical tendency was that people of India suffered the entire
suffering. The famine of 1770further aggravated the situation and the people started
groaning aloud.
• So when the Company‘s finances were strained due to Wellesley‘s wars the parliament
thought it to be pertinent to pass the regulation Act of 1773.

Q. Why it was introduced?

• The Regulating Act of 1773 act was of great constitutional importance as (a) it was the first
step taken by the British Government to control and regulate the affairs of the East India
 Company in India, (b)The Regulating Act was of 1773 for the first time presented a written
Charter for company rule in India and it recognised, for the first time, the political and
administrative functions of the Company, and (c) This Act was also perhaps the first step in
the direction of the consolidation of British rule and centralization in India(i.e. centralised
administration).
• The act established British parliamentary control over Court of Directors of the Company.
Now every major decision was to be directly communicated to the parliament. This act
bought the about fundamental reforms in the composition of the Court of Directors in
England.
• The office of Governor-General and his four-member council was created.
• A Supreme Court was established for trade and criminal arbitration.
• Thus, an attempt to streamline Indian administration was made, so that legal framework
could be established and corruption could be reduced.

Q. Provisions/Features?
Provision for the employees in India
• the Governor-General(the highest position of East India Company representing in India):
◦ The Governor of Bengal was made the ‘Governor-General of Bengal’. The first such
Governor-General was Lord Warren Hastings.
◦ The entire civil and military administration of Bengal was given to the Governor-
General.
◦ Provision was made for an executive council of four members to assist and help the
Governor-General. The four executive councilors mentioned in the Act were Philip
Francis, Clavering, Monson and Barwell.
◦ Their term of office was five years but they could be removed from office earlier by the
British Monarch, if the Court of Directors recommended such an action.
◦ The Governor-General could not take a decision on any matter independently. He had to
act on the advice of the Councilors. Decisions were taken in the Council by majority
vote. In case of a tie the GovernorGeneral was given a casting vote. But he could not
overrule his Council.
◦ The Governor-General-in-Council could make rules and regulations and issue
ordinances for the good government of the Company‘s territories. These rules,
regulations and advice were to be registered with the Supreme Court of India, which was
created by the Act. Without registration these rules and regulations had no effect or
meaning.
• Subordinate Presidencies:
◦ The Presidencies of Madras and Bombay were made subordinate to Bengal, unlike
earlier, when the three presidencies were independent of one another
◦ The Governors-in-Council of Bombay and Madras had to follow the instructions of the
Governor- General-in-Council. The Governor-General could direct control and
superintend the two Presidencies. These Presidencies could neither declare war nor
conclude peace with any power without the sanction of the Governor-General-in-
Council.
• Steps to control Bribe:
◦ The employees of the Company were forbidden to accept any bribes or gifts from the
‘natives’.
◦ It prohibited the servants(The Governor-General, the members of the Executive Council
the Judges, Collectors, and Inspectors, their agents or servants) of the Company from
engaging in any private trade of any description.
◦ If it was a serious matter they could be sent back to England, as a matter of punishment.
• Establishment of supreme court(This court can be called the rudimentary system of modern
courts; this act lays the foundation to modern legal systems):
 ◦ A Supreme Court was established at Calcutta (1774) by the Regulating Act, .
◦ It comprised of one chief justice and three other judges.
◦ The Supreme Court was given jurisdiction over all the British subjects living in Bengal,
Bihar and Orissa.
◦ The Supreme Court was empowered to try ecclesiastical, admiralty, civil and criminal
cases. The case was decided on the basis of judgment of the Jury.
◦ The Supreme Court had original as well as appellate jurisdiction. The Supreme Court
was to be a Court of Record.
◦ Any contempt or disrespect shown to its orders would be a punishable offence.
Provision for home authorities:
• The Regulating Act did a good job by making the Court of Directors a permanent body.
◦ Before the passage of the Regulating Act the Directors of the Company were elected for
a short term of one year. Directors of the Company were elected by the Court of
Proprietors. This system was extremely defective.
◦ The Directors were busy throughout their term of one year either obliging their
supporters of the previous election or preparing others for the coming election.
• The Act required the Governor-General of Bengal and the Governors of the Presidencies of
Bombay and Madras to pay due obedience to the orders of the Directors in London.
◦ It was the first measure by which a European government assumed the responsibility for
governing territories acquired by it outside Europe and inhabited by civilized people.
• The Act also attempted to eradicate corruption and bribery by making several provisions.
• Attempt to strength the control:
◦ It strengthened the control of the British Government over the Company by requiring the
Court of Directors (governing body of the Company) to report on its revenue, civil, and
military affairs in India.

Q. Demerits of the act:

• No veto power to the governor-general:
◦ The Act granted no veto power to the governor general.
◦ He was to act according to the advice of the Majority in the council. Since he could not
veto the decision of his councilors, he was thus powerless before his colleagues.
◦ We know that till up to 1776 Warren Hastings was invariably out-voted and over-rules
by the majority of the Councilors who were against him. Consequently, warren Hastings
had a difficult time when he came face to face with his councilors.
• Appointment of hostile councilors:
◦ Another flaw associated with the above defect was that the Councilors, Francis, Monson
and Cleaving named by the Parliament were entirely unfit for the job. Such a batch of
Councilors still weakened the position of the Governor-General who was already
suffering from constitutional impotency.
• Provisions of supreme court obscure and defective
◦ In the second place, the provisions relating to the jurisdiction of the Supreme Court were
― “Obscure and defective”.
◦ They said nothing about the jurisdiction of the Court, the law it had to administer and its
relation to the Governor - General – in - Council.
◦ The fundamental questions lacked clarity and precision. For instance, the Act did not
clearly say as to who were to be the British subject within the meaning of the Charter of
the Supreme Court.
• The sphere of law that the court was to administer was equally not defined
◦ The court did not know whether it was to administer native law or English law. Even the
Chief justice was baffled by this anomaly.
◦ Similarly, relations between the court and the Council were not clearly defined.
 ◦ It was not clear how far the Supreme Court could question the legality of the orders
issued by the governor-General-in-Council.
• No supreme legislative authority
◦ The act provided no supreme legislative authority nearer than England to mediate in the
dispute of these two bodies and to mark the proper sphere of the Executive and Judicial
Departments. The vagueness of the clauses was further increased owing to the fact that
the regulations of Bengal made by the Council were subject to the court.
• Inadequate control of governor-general over the presidencies:
◦ In the third place, the inadequate control of the Governor-General over the presidencies
was glaring defect of the Act.
◦ The authority of the Governor-General in Council over the Presidencies was not fully
effective due to the exceptions in the Act. The Presidencies acted at their own discretion
on the plea of emergency and thus started wards and made alliances without reference to
the Governor-General in Council as was done by the Bombay Government and Madras
Council in the case of Marathas and Hider Ali, respectively.
• The parliamentary control over the company:
◦ The Act no doubt provided that copies of all civil and military dispatches received by the
Directors from Governor-in-Council in India were to be forwarded within a fortnight to
certain members of the English Ministry, but it set up no effective machinery to study
and scrutinize those reports. Thus, the Parliamentary control over the Company was
ineffective.

The declaratory act of 1781 aka Amending Act of 1781 aka the Act of Settlement.
Q. Why it was introduced?
• In a bid to rectify the defects of the Regulating Act of 1773, the British Parliament passed
the Amending Act of 1781.

Q. Provision/Features of this act?

• The new Act provided that the public servants of the Company, Governor – General and the
members of the council were also exempted from the jurisdiction of the Supreme Court both
individually and collectively “for anything counseled, ordered or done by them in their
public capacity”..
• Revenue collectors and judicial officers of the Company courts were also exempted from
Jurisdiction of the Supreme Court.
• It provided that the Supreme Court was to have jurisdiction over all the inhabitants of
Culcutta. It also required the court to administer the personal law of the defendants i.e.,
Hindus were to be tried according to the Hindu law and Muslims were to be tried according
to the Mohammedan law.
• Governor- General-in Council was given the power to make regulations for the provisional
courts and Councils. Formerly, the rules and regulations made by the Governor – General
were required to be registered with the Supreme Court. This led to a lot of inconvenience.
Consequently, the Act of 1781 provided that no such registration was required.
• The Act provided that appeals were to be taken from the provincial courts to the Governor
General in Council and not to the Supreme Court..

Q. Pitt's india act of 1784

• In 1784, Pitt the Younger, the Prime Minister of England introduced a bill for the letter
control of the Indian administration by England. The Bill was passed and came to be known
as the Pitt‘s India Act.

Reasons:
There were many causes responsible for the passage of this Act.
 1) There were many glaring defects in the regulating Act, 1773 which were necessary
to be reformed by the British Parliament if the administration of the company was to run on some
sound footing in India.
2) In 1783, the different American colonies became quite independent of the British
control and naturally the English were worried that such an example would be followed by India.
So it was thought proper to exercise more control over the affairs of the East India Company in
India.

Q. Provision/Features:
• The political and commercial activities of the company were now separated.
• It allowed the Court of Directors to manage the commercial affairs, but created a new body
called Board of Control to manage the political affairs. Thus, it established a system of
double government.
• It empowered the Board of Control of six members to supervise, direct and control all
operations of the civil and military government or revenues of the British possessions in
India.
• Bombay and Madras were now definitely subordinated to the Governor General and his
Council.
• Act provided for the establishment of a special Court for the better trial of the Company‘s
officials in England for offences committed by them in India. Warren Hastings fought many
undesired wars, so in order to the prevent the succeeding Governor-General from copying
the examples of Warren Hastings the Act laid down that henceforth the Governor-General
should take the permission of the Board of Control before making peace or declaring any
war. Thus the Pitts India Act laid emphasis on the policy of non-intervention.

Q. Significance:
Thus, the act was significant for two reasons.
• First, the Company’s territories in India were for the first time called the ‘British
possessions in India’.
• second, the British Government was given the supreme control over Company’s
affairs and its administration in India.
• Pitt's India Act is quite an important legislation because by it the real power in India
passed from the Directors to the British Parliament.
• The Board of Directors now remained as a mere shadow of its former existence. In
actual practice the Board of Control, appointed by the British Parliament came to
supersede both the court of proprietors and the Board of Directors. It could inspect the
files of the Company and issue instructions accordingly which the Directors of the
Company had to carry out.
• the Pitts India Act proved quite permanent and underwent little material changes till
1858. In that year some changes were no doubt made as a result of the great Rising of
1857 but still its fundamental principles remained almost the same.

Act of 1786
• In 1786, Lord Cornwallis was appointed as the Governor-General of Bengal. He placed two
demands to accept that post, viz.,
1. He should be given power to override the decision of his council in special cases.
2. He would also be the Commander-in-Chief.
Accordingly, the Act of 1786 was enacted to make both the provisions

Charter act of 1793

• The English East India Company was given a new charter in 1793.
 • The Act of 1793 is a very long one. It repeated many old laws and consolidated existing one.
However, it did not make any alterations.

Q. Freatures/Provision:
• It extended the overriding power given to Lord Cornwallis over his council, to all future
Governor-Generals and Governors of Presidencies. It was laid down that when the
Governor-General went to a presidency, he superseded the Governor.
• Governor General was given the power to appoint vice-president of his executive council
from the members of the council. The vice-president was to act in place of Governor
General when the latter was absent from Bengal
• The Commander-in-Chief was not to be a member of the council of the Governor-General
unless he was specially appointed to be a member by the court of Directors.
• It gave the Governor-General more powers and control over the governments of the
subordinate Presidencies of Bombay and Madras.
• It extended the trade monopoly of the Company in India for another period of twenty years.
• It laid down that the members of the Board of Control and their staff were, henceforth, to be
paid out of the Indian revenues.
• The admiral jurisdiction of Calcutta Supreme Court was extended to the high seas.

Charter act of 1813

• Since this Act was operative for twenty years i.e., up to 1833.
• The British Parliament passed the Charter Act 1813 which was an improvement
upon the previous charter Act of 1793.

Q. Main Provisions:
• In its essential provisions, the powers of the Board of Control to superintend, control and
direct the affairs of India were clearly defined and greatly enlarged. The British Crown‘s
sovereignty over the Company‘s territorial acquisitions was explicitly proclaimed.
• The Company‘s powers of patronage were reduced. The Court of Directors was to make
appointments to the offices of Governor- General, Commander-in-chief, Governor, etc.
Subject to the approval of the king of England and their orders to this effect had to be
counter signed by the Board of Control.
• The most important provision was concerned with the trade. The Company‘s tea trade with
China was reserved for it, but trade monopoly with India was completely abolished and the
private erchants of England were permitted to develop free trading contacts with India. This
lasted till 1833 when the charter of abolished the trade of the company..
• The British merchants and missionaries were given full liberty to settle in India after
securing licenses for the purpose from the Directors of the Company. The company was
required to appoint one Bishop at Calcutta with three Archdeacons to work under him.
• It provided for the spread of western education among the inhabitants of the British
territories in India. [In that year india’s gdp was 41 lac of which they used 1 lac in education
i.e. 2%]
• It authorised the Local Governments in India to impose taxes on persons. They could also
punish the persons for not paying taxes.

Significance:
• They clearly proclaimed the Sovereignty of the Crown over the Company‘s territories in
India. The Powers of the Board of Control being considerably enlarged.
• The abolition of the Company‘s trade monopoly was not of less significance. British private
merchants were allowed to go settle in India and thus to introduce a severe competition in
trade which was, prior to this entirely in the Company‘s hands.
 • The Christian Missionaries of England were allowed to come freely and settle in this
country. This had wholesome effect, in a sense that a large number of missionary schools
and colleges were opened for the education of the Indians. The Provisions for setting apart
one lakh of rupees for the development of education in India was a welcome development. It
laid the foundation of the English system of education in India which threw open
progressive English literature on liberty and equality for the Indian mind to inculcate.

Charter Act of 1833

This Act was the final step towards centralisation in British India.
Q. Provision:
• It made the Governor-General of Bengal as the Governor-General of India and its council is
known as the Indian council.(Thus, the act created, for the first time, Government of India
having authority over the entire territorial area possessed by the British in India.) Lord
William Bentick was the first Governor-General of India. (the act introduced centralization
in the legislative spherres as well, which was initiated in 1773.)
• The control of whole civil and military powers were vested in the Governor-General-
Government-of-India-in-Council.
• It deprived the Governor of Bombay and Madras of their legislative powers. The Governor-
General of India was given exclusive legislative powers for the entire British India. The
laws made under the previous acts were called as Regulations, while laws made under this
act were called as Acts.
• It ended the activities of the East India Company as a commercial body, which became a
purely administrative body. (It provided that the Company’s territories in India were held by
it ‘in trust for His Majesty, His heirs and successors’.)
• Provision for open competition negated by this act from BoD.
• Restriction on immigration of European and acquire property were lifted.
• Indian laws were codified and consolidated(to write hindu law, muslim law etc.)
• No Indian denied employment under company on the basis of religion, color.(Foundation of
Artical 14, 15, 16 of IC was laid here.)
• Abolished slavery.(USA abolish slavery in its 13th amendment in 1865)
• Introduced law member(Macaulay) in Governor-General’s Council.

Charter Act of 1853

• It was a significant constitutional landmark.

Q. Provision:
• It separated, for the first time, the legislative and executive functions of the Governor-
General’s council. (Separation of Power.)
• Provided for addition of six new members called legislative councilors to the council known
as the Indian(Central) Legislative Council(This was the birth of Indian Parliament)
• Of the six new legislative members of the GovernorGeneral’s council, four members were
appointed by the local (provincial)[This were genrally the britishers only living in India
provinces]
• governments of Madras, Bombay, Bengal and Agra
• The number of Court of Directors was reduced from 24 to 18 and 6 of these were to be
nominated by the Crown.
• It introduced an open competition system of selection and recruitment of civil servants. The
covenanted civil service was, thus, thrown open to the Indians also. Accordingly, the
Macaulay Committee (the Committee on the Indian Civil Service) was appointed in 1854.
• It extended the Company’s rule and allowed it to retain the possession of Indian territories
on trust for the British Crown. But, it did not specify any particular period.(unlike the
 previous Charters. This was a clear indication that the Company’s rule could be terminated
at any time the Parliament liked.)
• The law member was made a full member of the Governor-General‘s executive council. He
was to assist the Governor-General in the enactment of legislation. The Governor-General‘s
consent was necessary for all legislative proposals. The Chief justice of the Supreme Court
of Calcutta was to be an unofficial member of this council.

Civil Services:
• Warren Hashting laid the foundation of CS in India.
• Corwallis aka Father of ICS. During those period there were two types of posts
Covenented[in todays period IAS, IPS, IFS] and noncevenented.[Other central jobs]
• In GoI Act 1919 Covenented was converted to All India Services. And uncovenented into
Central Services.
• Indian Subcon Railways, Civil Services, Legal and army are the legacy of their.