Charter of 1833

 CHARTER OF 1833

NAME-ARVIND S

COLLEGE-SCHOOL OF EXCELLENCE IN LAW, CHENNAI

UNIVERSITY-THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

DATE-3 RD JULY 2022

The charter Act of 1833 played a vital role in the consolidation and codification of

Indian laws.

Factors for the enactment of this Act:

1. The company acquired many territories in India. The need for a strong Central Government

was felt for the effective administration of such vast empire.

2. There was no uniform law. Each Presidency Town formed their own legislations and laws.

So need for an All India Legislature to make laws and a regulation for the territories under

the control of the company was felt necessary.

3. Lord Macaulay, the Secretary to the Board of control directed the attention of the

Parliament to various vices in the process of Indian Government. So parliament advocated

immediate transfer power to the crown. But as Macaulay insisted on reforming the defects, as

no time to think about transfer of power. So, with the object to remove the aforesaid defects,

the Charter Act of 1833 was enacted by the British Parliament

Provisions:

1. The Englishmen were opposed to the continuance of the monopoly of the company. So as

per the Act that monopoly was abolished while the commercial functions of the company

ended, its political functions were to continue as governmental power in India. The

Government of India was to pay the debts of the company. The shareholders of the company

were guaranteed a dividend of 10 1/2% per annum out of the Indian revenues for the next 40

years.

2. The charter Act restricted the patronage of the Directors. It was provided that nominations

to seats in the Hailey bury College were to be double the number of vacancies in the services.

Nominated persons were to join the college and the topmost candidates among them were to

be selected to fill the vacancies. The Directors fought against this provision. So their

patronage was continued up to 1853.

3. President of the Board of Control became the Minister for Indian affairs. His colleagues

disappeared both in fact and in name. The minister was to have two Assistant Commissioners

who were to be assistants. The secretary of Minister occupied a position of great importance

on account of his presence in parliament and he spoke for his Chief (minister) when the latter

sat in the House of Lords.

4. Centralization of administration:

This Act centralized the administration of the English company in India. Governor-General

of Bengal became the Governor-General of India. The Governor-General-in-Council was

given the power to control, superintend and direct the civil and military affairs of the

company. All revenues have to be raised under the authority of the central Government. It

had complete control over expenditure. Governor-General in-Council could suspend any

member of the Governments of Madras and Bombay who disobeyed him. If the provincial

government failed to carry out his orders, it could be superseded.

5. This Act brought about complete legislative centralization. Formerly, the Presidencies

made their own laws which led to lot of confusion. With a view to setup a uniform system of

laws for the whole country, Presidencies were deprived of their law-making power. Only

Governor-General-in-Council alone could make laws on all subjects, to all persons in British

India.

6. Those laws were enforceable by all the courts in the country.

7. Governor-General was authorized to make Code of military discipline and provide for the

administration of justice which includes power of making, repealing amending any law or

regulation in force in India.

8. The laws passed by the Government of India were to be called as Acts. Before 1833 they

were called as Regulations. The Act added a new member to the Executive Council of the

Governor-General known as the Law-Member. His work was purely legislative. He attended

meetings of the Executive Council by special invitation. He was not given any vote. His

concurrence was not necessary either for the consideration of the Bill or for its passage. The

Quorum of the Executive Council was fixed at 3 for legislative work and 2 for administrative

work.

9. The number of the members of the Councils of the Governors of Bombay and Madras was

reduced to two.

10. Bombay and Madras to have their separate armies under their Commander- in – Chief,

but were to be under the control of the Central Government.

11. Codifying the Laws:

The Act provided for the codification of Laws in India. Provision was made for the

appointment of a Law Commission. It was felt that lot of confusion was there in enforcing

law, as laws varied from Presidency to Presidency. What was legal at one place was illegal at

another. What was considered minor offence at one place was considered serious at another.

12. The Act of 1833 authorized the Governor-General to appoint Indian Law Commissioners

to study, collect and codify various rules and regulations, laws and customs prevalent in

India. The Indian Penal Code and Code of Civil and Criminal Procedure were enacted as a

result of this Commission.

13. Indians in Government Service:

No Indian subject of the Company was to be debarred from holding any office under the

Company “by reason of his religion ,place of birth ,descent and color.”

14. Europeans were permitted to come to India to settle. But they had to register themselves

on landing in India. The Europeans were still considered to be a menace in India. Governor

–General was directed to protect the Indians from Europeans.

15. The Bishops of Bombay, Madras and Calcutta were to be appointed for the benefit of

Christians in India

16. Mitigation of Slavery:

Government of India was required to take measures for the abolition of slavery persisting in

India since Sultanate Era.

17. The Act proposed to divide the Presidency of Bengal into two Presidencies viz.,

Presidency of Agra and Presidency of Bengal.

THANK YOU