Establishment and Expansion of British Colonial Power in India (1757–1857) — Part 4: Constitutional Developments

4. Constitutional Developments

4.1 Regulating Act, 1773

Alarmed by the Company's corruption and its potential to distort British politics, Parliament passed the Regulating Act — its first attempt to bring the Company under state supervision. Key provisions: the Governor of Bengal was raised to Governor-General with a Council of four members; the Governor-General in Council was empowered to superintend and control the Presidencies of Madras and Bombay in matters of war and peace; a Supreme Court of Justice was established at Calcutta to dispense justice to Europeans and their employees; and the Court of Directors was required to submit all civil, military, and revenue communications to the British Government.

In practice the Act had serious defects: the Governor-General could be outvoted by a united council, creating administrative deadlocks, and the other presidencies continued to act with considerable independence.

4.2 Pitt's India Act, 1784

Passed in August 1784 to correct the Regulating Act's shortcomings, this Act remained the constitutional framework of British India until 1858. It established a Board of Control of six commissioners (including two Cabinet ministers) to guide and supervise the Court of Directors in all civil and military matters. The Governor-General's Council was reduced to three members, giving him a casting vote and — under the clarifying Act of 1786 — the authority to override the Council in matters of security and peace. Madras and Bombay were clearly made subordinate to Bengal in war, diplomacy, and revenue.

The Act "laid the foundation of a centralised administration" — a process that reached its climax towards the close of the 19th century. Parliament's control over the East India Company was tightened, a trend that remained conspicuous until the Crown directly took over in 1858.

4.3 Charter Acts (1793, 1813, 1833, 1853)

Charter Act of 1793: The Company's Charter was renewed for 20 years. Powers of the Governor-General and Governors to overrule their councils were clarified. A regular code of laws was framed for British territory in Bengal, with the requirement that laws relating to rights of persons and property be printed with translations in Indian languages. The Act "laid the foundation of government by written laws and regulations in British India" replacing the personal rule of earlier rulers.

Charter Act of 1813: The Company lost its monopoly over trade with India; Indian trade was thrown open to all British merchants. The Company retained its China trade monopoly for a further 20 years. The British Crown's sovereignty over Company-held Indian territories was explicitly asserted. Provision was also made for promoting education and allowing Christian missionaries to enter India.

Charter Act of 1833: Described as "a great landmark in the constitutional history of India." The Company's China monopoly was abolished; its shareholders were guaranteed a dividend of 10.5 per cent per annum; the Governor-General of Bengal became the Governor-General of India with authority over all three Presidencies. A Law Member was added to the Executive Council — Lord Macaulay was the first, and he influenced Indian educational policy for years. Section 87 proclaimed that "no native or natural born subject of the Crown resident in India should be, by reason only of his religion, place of birth, descent, colour or any of them, be disqualified for any place in the Company's service" — a declaration Lord Morley later called the most important India Act passed by the British Parliament before 1909.

Charter Act of 1853: For the first time, the Charter was not renewed for a fixed term, signalling the impending end of Company rule. The Law Member became a full member of the Executive Council. A Central Legislative Council was expanded with representatives from the provinces. All vacancies in India were to be filled by competitive examinations under a committee chaired by Lord Macaulay. The number of Directors was reduced from 24 to 18, with six to be nominated by the Crown.

4.4 Government of India Act, 1858

The Revolt of 1857 accelerated a transfer of power already made inevitable by the Charter Act of 1853. Lord Stanley, President of the Board of Control, introduced the bill for the "Better Government of India," which became law in August 1858. The Government of India passed from the East India Company to the British Crown. The Board of Control and Court of Directors were abolished. Their place was taken by a Secretary of State for India (a Cabinet minister) assisted by a Council of India of 15 members. Queen Victoria's Proclamation of 1858 promised to respect the rights and customs of Indian rulers and subjects.