Pre-Independence Governance Part1

 

Lecture 2 

Pre Independence Governance Part1

Background Introduction 

The Britishers ruled India for almost 200 years(1765- 1947). In 1764 after the battle of Buxar, EICo got the diwani right of Bengal, Bihar and Odisha. This was the start of British governance in the Indian continent. 

Laissez-faire(French word)- free economy(no government interference) related to Charter Act 1833 

Gentoo

Portuguese used the word Gentoo to distinguish native Indian Hindu from Christian and Muslim people. Later it became popular among European power to use Gentoo for Indian Hindus. 

With the rise in popularity of Hindu words, Gentoo was replaced by Hindu gradually. And Gentoo is used to refer Telugu speaking population only. 

A Code of Gentoo Law(1776)-

The very first attempt by the British to establish social laws on the Indian subcontinent for administrative purposes was named A Code of Gentoo Law. It was funded by the East India Company(under Warren Hastings) and was translated from Persian into English by Halhed.

Sanskrit → Persian → English

EICo Rule Regulating Act 1773(Background) 

EICo established factories at Masulipatnam(1611) and Surat(1608-1613). Later they started making forts at different places under the control of the Governor. 

3 EICo’s Forts by 1773

Fort St. George, Chennai(1639) - first fort of EICo. 

Casa da Orta(Bombay Castle, 1666) 

Fort William, Calcutta(1696) 

In 1773 EICo. had control over the small region in Bombay and Madras. But in Bengal region they had control over large area(Bengal, Bihar and Odisha) 

In 1772 the EICo. was on the verge of bankruptcy because of the loss of tea sales to America and at that time EICo asked for a 1 million pounds loan from the British government. This led to the investigation of the company working in India by the British government. 

The investigation exposed the corruption and nepotism in EICo. To reduce corruption and improve the financial condition of EICo. the British Parliament(PM- Lord North) passed Regulating Act 1773. 

This was the first time the British government tried to regulate the company affairs in India. But this act didn't have any provision regarding Indian people. 

EICo Rule Regulating Act 1773 

• Limited the tenure of the Court of Directors to 4 years and also limited the dividends. 
• Submission of report on civil and military expenditure by Court of Directors
• Prohibited company's employees from engaging in private trade and accepting bribes. 
• For accountability to British Parliament centralization was done by changing the governor post of Bengal to Governor General of Bengal(the governor of fort St. George, Madras and the governor of Bombay fort became subordinate to Governor General of Bengal- Warren Hastings) 
• To support the Governor General, a council of 4 members was established(Executive Council). And decision was taken by majority vote(no veto power to Governor General of Bengal) 
• A Supreme Court was established at Fort William, Calcutta(1774) for British subjects mainly. The composition was Chief Justice(Elijah Impey) + 3 judges (British Judges only) 

The Political and administrative functions of the company were recognized for the first time. Thus put an end to the arbitrary rule of EICo. 

EICo Rule Act of Settlement/Declaratory Act 1781 

• This was an amendment Act passed by British Parliament to amend the provision of Regulating Act 1773
• The amendment Act was passed to demarcate the boundary of the Supreme Court and Governor General Council. 
• This act limited the power of the Supreme Court. 
• Under the Regulating Act 1773, company servants were under dual Jurisdiction(Supreme Court + Governor general). Through this act the company servants were put in control of the Governor general only. 
• Exempted company servants from supreme Court scrutiny for any action done in their official capacity(Revenue collectors + Zamindars)- separate Court by company
• Appeals from the provincial court will be dealt with by Governor general council. 
• The 1781 Act restricted the Supreme Court's jurisdiction to the Calcutta region. 

EICo Rule Pitt’s India Act 1784 

• The Pitt's India Act 1784(PM- William Pitt) was passed by the British Parliament to address the shortcomings of Regulating Act 1773.
• While Regulating Act 1773 recognized the commercial and political function of EICo, Pitt's Act 1784 demarcated the political and commercial function of the company by introducing dual control. 

Court of Directors(Company's Director) → commercial affairs

Board of Control(6 British Parliamentarians) → political affairs

The Board of Control had power to supervise the company operations and revenue.

• For the first time, the term British possession in India was used for Indian territory(as Board of Control was part of British Government) 
• The British government got complete control over the company's affair and indirect control over Indian territory. 
• Number of Governor General Council members decreased from 4 to 3 with casting vote power to Governor general. And Governor councils in provinces were modified on the lines of Governor general council. 
• To stop corruption, civil and military officers were required to disclose their property. 
• There was no clear demarcation of government(Board of Control) and company roles(Court of Directors). And the Governor general of Bengal was accountable to both government and company. 

EICo Rule Act of 1786 

• The act was passed by the British Parliament(PM- Pitt) to convince Cornwallis to accept the post of Governor general of Bengal. 
• The post of Governor general of Bengal and Commander-in-Chief(Army) were merged(earlier commander-in chief was separate post and member of Governor general Council) 
• Governor general got the power to override the decision of his Council in extraordinary situations(Veto power). 

Due to these powers granted by Act of 1786, Lord Cornwallis introduced various reforms in India- organisation of civil services, abolition of Faujdari court and introduction of circuit court at Calcutta, Decca, Murshidabad and Patna. 

Cornwallis Code-

Separation of revenue and Justice administration. 

The principle of sovereignty of law was established.

European subjects were also brought under jurisdiction. 

Government officials were answerable to civil court for action done in their official capacity.

William Bentinck(1828-1835)- He abolished the circuit court established by Cornwallis. Replaced Persian language with English language as official language of court.(allowed use of vernacular language by suitor at court and for convenience of United Province, established a Sadar Diwani and a Sadar Nizamat adalat at Allahabad)

EICo Rule Charter Act 1793  

• The Act granted monopoly to EICo to trade with India for next 20 years. 
• As per the Act- Gain of sovereignty by Crown subjects is on behalf of the Crown and not in its own right. This implies that the company's political activities were carried out on behalf of the British government.
• The company's dividends were permitted to be increased to 10%(Regulating Act 1773 limited the dividend to 6% only) 
• Provision of Royal approval for the appointment of the Governor-General, the governors, and the Commander-in-Chief(appointed by Board of Directors) 
• Granted power to Governor general for appointing Vice President from Governor general council in case of his absence in Bengal region. 
• When the Governor-General was present in Madras or Bombay, he would supersede in authority over the governors of Madras and Bombay.
• Commander-in-Chief can be appointed from outside the Governor general council(by board of directors) 
• Change in composition of Board of Control(President + 2 other members) 
• Salaries of the staff and Board of control were charged to the company + 5 lakh Pound annual payment to the British government from Indian revenue. 
• Authorised company to grant licenses to individual and company employees to trade in India known as privilege or country trade(Regulating Act 1773 barred company's employees from private trade). The privilege trade resulted in Opium trade to China. 
• Senior executives of the company were prohibited from leaving India without permission.
• This Act separated the revenue administration and the judiciary functions of the company leading to the disappearance of Maal Adalats or revenue courts(setup by Cornwallis) 

EICo Rule Charter Act 1813  

• This act extended the company rule in India for next 20 years. 
• But the act ended the company's monopoly in trade except for tea trade in India and trade with China. Thus opened the door of trade in India for other British traders. 
• The power of the provincial governments and courts in India over British subjects was also strengthened by this Act. 
• The act allotted 1 Lakh rupee annually for the improvement of literary and scientific knowledge. 
• This act also permitted Christian missionaries to propagate English and Christian religion in India. 

EICo Rule Charter Act 1833  

• The act was also known by The Government of India Act 1833/Saint Helena Act 1833(Control of the island of Saint Helena in South Atlantic Ocean was transferred from the East India Company to the Crown) 
• The act extended the royal charter granted to the East India Company for next 20 years. But ended the monopoly of tea trade in India and trade with China. Thus EICo became a more administrative body. 
• Governor General of Bengal → Governor General of India(Williams Bentinck)

With exclusive legislative power to Governor General of India council(India Council) 

The Bombay and Madras Presidency lost their legislative power. But the Court of Directors had veto power for any law made by the Governor General of India. 

4th member(law member) was introduced in India Council but without any power to vote- Macaulay

Law made by Governor General Council → Regulations(prior to 1833) + Act(post 1833) 

Governor General of India got complete control of civil and military affairs. 

• The act permitted the English to settle freely in India(legalized British colonization in India). The act removed restrictions as to religion, color, caste, and creed and provided for the free participation of Indians in the administration of the country. It has made merit the only criterion for the selection. 
• The Act was repealed by GoI Act 1915(except provision of Saint Helena) 

Indian Slavery Act 1843(Act V of 1843)- banned slavery in India(In 1833, a separate act banned slavery in British territories including overseas territories directly under crown rule) Slaves → Indentured Labourers

EICo Rule Charter Act 1853  

• This Act renewed the charter of EICo without any mention of time period. 
• The law member of the Governor General council became a full member with the right to vote. 
• For the first time the legislative and executive function of the Governor general council was separated. 

Executive Council- 4 members, Legislative Council- 6 members(4 were appointed by government of Bombay, Madras, Bengal and Agra) 

But the executive had the right to veto the bill passed by legislative Council. 

• Provision for separate Governor for Bengal region(different from Governor general of India) 
• The strength of Court of Directors reduced from 24 to 18(6 to be nominated by crown) 
• The court of Directors were empowered to constitute a new presidency and to alter the boundary of existing presidency. 
• Although charter act 1833 talked about no discrimination between Indian and Britishers for administrative posts of company, the open competition started by Charter Act 1853(the appointment to higher post by competition and not by Court of Directors). 

The Macaulay Committee(1854) was formed for Indian civil service. 

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