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The British Arrival in India 1608: The British arrived in India as traders, with the East India Company granted a trading charter by Queen Elizabeth I in 1600. • 1765: The East India Company obtained the Diwani (right over revenue and civil justice) for Bengal, Bihar, and Orissa, marking its shift from a trading company to a territorial power. • 1858: After the Sepoy Mutiny, the British Crown took direct control of India’s governance, and this continued until India's independence on August 15, 1947. • The Constitutional Developments Under British Rule A Constituent Assembly was formed in 1946 to draft the Indian Constitution, which came into force on January 26, 1950. • Several features of the Indian Constitution were influenced by the governance system under British rule, shaped through significant acts during the Company Rule and Crown Rule. • 1. The Company Rule (1773–1858) From 1773 to 1858, the East India Company expanded its role from a commercial entity to a territorial and political power. Regulating Act of 1773 Significance: ○ The first legal measure to regulate the East India Company's operations in India. ○ Established central administration in India. ○ Marked the Company’s political and administrative functions. • Key Features: Governor-General of Bengal: The Governor of Bengal became the Governor-General of Bengal, with an Executive Council of four members to assist him. Lord Warren Hastings was the first to hold this post. 1. Subordination of Other Presidencies: Governors of the Bombay and Madras presidencies were placed under the authority of the Governor-General of Bengal, ending their independent status. 2. Supreme Court at Calcutta (1774): Created a Supreme Court in Calcutta with one Chief Justice and three other judges. 3. Prohibition of Corruption: Company servants were prohibited from engaging in private trade or accepting gifts/bribes from natives. 4. Increased British Government Oversight: The Court of Directors was mandated to submit reports on revenue, civil, and military affairs in India. 5. • Amending Act of 1781 • Purpose: Addressed the deficiencies in the Regulating Act of 1773. Key Features: Exemption from Supreme Court Jurisdiction: Governor-General and his Council, as well as Company servants, were exempt from the Supreme Court’s jurisdiction for actions taken in their official capacity. 1. Exclusion of Revenue Matters: Matters relating to revenue collection were excluded from the Supreme Court’s jurisdiction. 2. Supreme Court's Jurisdiction over Calcutta: The Supreme Court had jurisdiction over all inhabitants of Calcutta, applying Hindu and Muslim personal law as per the defendant’s religion. 3. Appeals to Governor-General in Council: Appeals from Provincial Courts were directed to the Governor-General in Council, bypassing the Supreme Court. 4. Regulation of Provincial Courts: Empowered the Governor-General-in-Council to make regulations for Provincial Courts and Councils. 5. • Pitt’s India Act of 1784 Purpose: This Act focused on distinguishing the commercial and political functions of the East India Company and introduced dual governance. • Chapter 1: Historical Background 19 August 2025 18:34 Indian Poity 8th edition Page 1
India Company and introduced dual governance. Key Features: Separation of Powers: The Court of Directors handled commercial affairs, while a new body, the Board of Control, took control of political affairs. This created a dual system of government. 1. Board of Control’s Powers: The Board of Control had authority over the civil, military, and revenue operations of British possessions in India. 2. British Government Supremacy: For the first time, the Company’s territories were officially referred to as ‘British possessions in India’, and the British Government was given supreme control over the Company’s administration. 3. • Act of 1786 Lord Cornwallis was appointed Governor-General of Bengal with two key demands: 1. He should have the power to override the decisions of his council in special cases. 2. He would also hold the position of Commander-in-Chief. • Key Features: Override Council Decisions: Cornwallis was granted the power to override decisions made by his council in special circumstances. 1. Commander-in-Chief: He would simultaneously serve as the Commander-in-Chief, thereby combining the civil and military leadership roles. 2. • Charter Act of 1793 Purpose: Extended the Governor-General’s powers and continued the trade monopoly of the East India Company. • Key Features: Governor-General's Power: The Act extended Cornwallis’s powers to override the decisions of his council to all future Governor-Generals and Governors of presidencies. 1. Trade Monopoly Extension: The East India Company’s monopoly over trade in India was extended for another 20 years. 2. Military Exemption: The Commander-in-Chief was not required to be a member of the Governor-General's council unless specifically appointed. 3. Board of Control Staff Paid from Indian Revenues: The members of the Board of Control and their staff were to be paid out of Indian revenues. 4. • Charter Act of 1813 Significance: ○ Marked the end of the East India Company's monopoly over Indian trade. ○ Asserted the sovereignty of the British Crown over India. • Key Features: Abolition of Trade Monopoly: The East India Company’s trade monopoly in India was abolished, allowing all British merchants to engage in trade with India. However, the monopoly on tea trade and trade with China was retained. 1. Sovereignty of the British Crown: Declared the British Crown’s sovereignty over the territories held by the East India Company in India. 2. Christian Missionaries: Allowed Christian missionaries to enter India for the purpose of spreading Christianity. 3. Western Education: Promoted the spread of Western education among the Indian population. 4. Taxation Powers: Empowered local governments in India to impose taxes on individuals and punish non-payers. 5. • Charter Act of 1833 • Significance: Marked the final step toward centralisation of British rule in India. Key Features: Governor-General of India: The Governor-General of Bengal was made the Governor- General of India, with full authority over both civil and military matters, marking the first instance of central governance in British India. Lord William Bentick became the first Governor-General of India. 1. 2. Deprivation of Powers of Governors: The Governors of Bombay and Madras lost their • Indian Poity 8th edition Page 2
Deprivation of Powers of Governors: The Governors of Bombay and Madras lost their legislative powers, and the Governor-General of India was given exclusive legislative powers for the entire British India. 2. East India Company’s Role: The East India Company ceased to function as a commercial body and became a purely administrative body. The Company’s territories were held in trust for the British Crown. 3. Civil Service: The Act proposed the introduction of open competition for the selection of civil servants, with the goal of including Indians in government jobs, though this provision was negated due to opposition from the Court of Directors. 4. Charter Act of 1853 Significance: The last of the Charter Acts, introducing significant changes to the governance structure and civil service recruitment. • Key Features: Separation of Legislative and Executive Functions: The Governor-General’s Council was split into executive and legislative branches. Six new legislative councillors were added, creating a separate legislative council, which functioned as a mini-Parliament. This marked the beginning of a formal legislative process in India. 1. Civil Service Recruitment: Introduced an open competition system for recruiting civil servants. This opened up the Covenanted Civil Service to Indians as well, leading to the formation of the Macaulay Committee in 1854. 2. Retention of British Rule: The East India Company was allowed to continue holding India’s territories on trust for the British Crown, though it was clear that its rule could be terminated at any time. 3. Local Representation: The Act introduced local representation in the Indian Legislative Council, with four new members being nominated by the local governments of Madras, Bombay, Bengal, and Agra. 4. • The Crown Rule (1858–1947) Government of India Act of 1858 Significance: This Act was passed after the Sepoy Mutiny of 1857, marking the end of Company Rule and the beginning of Crown Rule. • Key Features: Governance by the British Crown: India was to be governed in the name of Her Majesty. The Governor-General of India was now designated as the Viceroy of India, directly representing the British Crown. Lord Canning became the first Viceroy of India. 1. Abolition of Double Government: The Board of Control and Court of Directors were abolished, ending the system of dual government. 2. Secretary of State for India: A new office, the Secretary of State for India, was created with full authority over Indian administration. The Secretary of State was a member of the British Cabinet and was ultimately responsible to the British Parliament. 3. Council of India: A 15-member Council of India was created to assist the Secretary of State for India. This body acted as an advisory body to the Secretary of State. 4. Limited Changes in Government Machinery: The Act did not fundamentally change the government system in India, but improved the machinery for British supervision over India. 5. • Indian Councils Act of 1861 Significance: This Act began the process of associating Indians with governance, marking a shift from purely British control to partial participation of Indians in the administration. • Key Features: Nomination of Indians: Indians were nominated as non-official members in the Viceroy’s Legislative Council. The first three Indians nominated were Raja of Benaras, Maharaja of Patiala, and Sir Dinkar Rao. 1. Decentralisation: This Act initiated the decentralisation of powers by restoring legislative powers to the Bombay and Madras presidencies, reversing the centralisation from earlier acts. 2. • Indian Poity 8th edition Page 3