Articles from General Knowledge Today

Charter Act 1833

2011- 06- 06 05:06:00 GKToday
The 20 years renewal of t he chart er in 1813 ran out in 1833. This was t he t ime
f or t he government t o do a caref ul assessment of t he f unct ioning of t he
company in India. The chart er was renewed f or anot her 20 years, but t he
company was asked to close its commercial business.
Thus, t his t ime t he chart er was renewed on t he condit ion t hat Company
should abandon it s t rade ent irely, alike wit h India and China, and permit
Europeans t o set t le f reely in India.
The company lost its monopoly in China and also the trade of tea
which it enjoyed wit h Chart er act of 1813.
India as a British Colony:
The chart er act of 1813 legalized t he Brit ish colonizat ion of India and t he
t errit orial possessions of t he company were allowed t o remain under it s
government , but were held "in trust for his majesty, his heirs and successors f or
t he service of Government of India.
This act made t he Governor General of Bengal t he Governor General
of British India and all f inancial and administ rat ive powers were
cent ralized in t he hands of Governor General-in-Council.
Thus wit h Chart er Act of 1833, Lord William Bent inck became t he First
Governor General of Brit ish India.
The number of t he members of t he Governor General's council was
again f ixed t o 4, which had been reduced by t he Pit t 's India act .
However, cert ain limit s were imposed on t he f unct ioning of t he 4t h
member.
The 4t h member was NOT ent it led t o act as a member of t he council
except f or legislat ive purposes.
First f ourt h person t o be appoint ed as t he member of t he Council was Lord
Macaulay.
Split in Bengal Presidency:
The Chart er Act of 1833 provided f or split t ing t he Presidency of Bengal, int o
t wo presidencies which were t o be known as
1. Presidency of Fort William
2. Presidency of Agra.
But t his provision never came int o ef f ect , and was suspended lat er.
Enhanced Power of Governor General of India
Chart er act of 1833 dist inct ly spelt out t he powers of t he Governor-General-
in-Council. He could repeal, amend or alt er any laws or regulat ions including all
persons (whether British or native or foreigners), all places and t hings in every
part of Brit ish t errit ory in India, f or all servant s of t he company, and art icles of
war.
However, t he Court of Direct ors act ing under t he Board of cont rol could
vet o any laws made by t he Governor-General-in-Council.
Codif ying the Laws:
The chart er act of 1833 is considered t o be an at t empt t o codif y all t he
Indian Laws. The Brit ish parliament as a supreme body, ret ained t he
right t o legislat e f or t he Brit ish t errit ories in India and repeal t he act s.
The act of 1833 provided t hat all laws made in India were t o be laid
bef ore t he parliament and were t o be known as Act s.
In a st ep t owards codif ying t he laws, t he Governor-General-in-Council
was direct ed under t he Chart er act of 1833, t o set up an Indian law
Commission.
First Indian Law Commission
So t he f irst law commission was set up by t he Chart er act of 1833 and
Lord Macaulay was it s most import ant member and Chairman.
The ot her members of t his commission were English barrist er Cameron,
Macleod of Madras service, William Anderson of Bombay Service and Sir
William McNaught on of t he Calcut t a Service. Sir William McNaught on did not
accept t he appoint ment .
The object ives of t he law commission was t o inquire int o t he
Jurisdict ion, powers and rules of t he court s of just ice police
est ablishment s, exist ing f orms of judicial procedure, nat ure and
operat ion of all kinds of laws. It was direct ed t hat t he law Commission
shall submit it s report t o t he Governor General-in-council and t his report
was t o be placed in t he Brit ish parliament .
Indians in the Government service:
The sect ion 87 of t he Chart er Act of 1833, declared t hat "Normat ive of
t he Brit ish Territ ories in India, NOR any nat ural Boon subject of "His
majest y" t herein, shall by any reason only by his religion, place of birt h,
descent , color or any of t hem be disabled f rom holding any place, of f ice
or employment under t he company"
This policy was not seen in any ot her previous act s. So t he Chart er act
of 1833 was t he f irst act which provisioned t o f reely admit t he nat ives of
India t o share an administ rat ion in t he count ry.
Mitigation of Slavery:
This act also direct ed t he Governor General-in-Council t o adopt
measures t o mit igat e t he st at e of slavery, persist ing in India since
sult anat e Era.
The Governor General-in-Council was also direct ed t o pay at t ent ion t o
laws of marriage, right s and aut horit ies of t he heads of t he f amilies,
while draf t ing any laws.
More Bishops:
The number of Brit ish resident s was increasing in India.
The chart er act of 1833 laid down regulat ion of est ablishment of
Christ ian est ablishment s in India and t he number of Bishops was made
3.