User:Gauravkumar4291/Notes/GS/History

Constitutional, Administrative & Judicial Developments

o East India Company was established in 1600 o transformation into a ruling body from a trading one in 1765 o The period between 1773 and 1858 underthe Company rule, and then under the British Crown till 1947

Constitutional Development between 1773 and 1858 o After the Battle of Buxar (1764), the East India Company got the Diwani (right to collect revenue) of Bengal, Bihar and Orissa. o An annual subsidy was to be paid to the Mughal Emperor, Shah Alam II, and an annual pension to the Nawab of Awadh, Shuja-ud-Daula. o The Company appointed two Indians as the deputy diwans—Mohammad Reza Khan for Bengal and Raja Shitab Rai for Bihar.

o 1767 The first intervention in Indian affairs by the British government came in 1767. It demanded 10 per cent share in the plunder o 1765-72 The dual system of government where the Company had the authority but no responsibility and its Indian representatives had all the responsibility but no authority continued for seven years. This period was characterised by— - rampant corruption among servants of the Company who made full use of private trading - excessive revenue collection and oppression of peasantry - the Company’s bankruptcy, while the servants were flourishing - British government decided to regulate the Company to bring some order into its business The Regulating Act of 1773 - It brought about the British government’s involvement in Indian affairs in the effort to control and regulate the functioning of the East India Company - introduced the element of centralised administration - The directors of the Company were required to submit all correspondence regarding revenue affairs and civil and military administration to the government. (Thus for the first time, the British cabinet was given the right to exercise control over Indian affairs.) - In Bengal, the administration was to be carried out by governor-general and a council consisting of 4 members, representing civil and military government. They were required to function according to the majority rule. - Warren Hastings and four others were named in the Act, later ones were to be appointed by the Company. - A Supreme Court of judicature was to be established in Bengal with original and appellate jurisdictions where all subjects could seek redressal. In practice, however, the Supreme Court had a debatable jurisdiction vis-a-vis the council which created various problems. - The governor-general could exercise some powers over Bombay and Madras—again, a vague provision which created many problems Amendments (1781) o The jurisdiction of the Supreme Court was defined—within Calcutta, it was to administer the personal law of the defendant. o The servants of the government were immune if they did anything while discharging their duties. o Social and religious usages of the subjects were to be honoured

Pitt’s India Act of 1784 - Company became a subordinate department of the State - The Company’s territories in India were termed ‘British possessions’ - A Board of Control consisting of the chancellor of exchequer, a secretary of state and four members of the Privy Council (to be appointed by the Crown) were to exercise control over the Company’s civil, military and revenue affairs. - All dispatches were to be approved by the board. Thus a dual system of control was set up - Governor-general was to have a council of three (including the commander-in-chief), and the presidencies of Bombay and Madras were made subordinate to the governor-general - A general prohibition was placed on aggressive wars and treaties (breached often)

The Act of 1786 - Cornwallis wanted to have the powers of both the governor-general and the commander-in-chief. The new Act conceded this demand and also gave him the power. - Cornwallis was allowed to override the council’s decision if he owned the responsibility for the decision - Later, this provision was extended to all the governors general.

The Charter Act of 1793 - It renewed the Company’s commercial privileges for next 20 years - The Company, after paying the necessary expenses, interest, dividends, salaries, etc., from the Indian revenues, was to pay 5 lakh pounds annually to the British government. - The royal approval was mandated for the appointment of the governor-general, the governors, and the commander-in-chief - Senior officials of the Company were debarred from leaving India without permission—doing so was treated as resignation - The Company was empowered to give licences to individuals as well as the Company’s employees to trade in India. The licences, known as ‘privilege’ or ‘country trade’, paved the way for shipments of opium to China - The revenue administration was separated from the judiciary functions and this led to disappearing of the Maal Adalats - The Home Government members were to be paid out of Indian revenues which continued up to 1919

The Charter Act of 1813 - In England, the business interests were pressing for an end to the Company’s monopoly over trade in India because of a spirit of laissez-faire and the continental system by Napoleon by which the European ports were closed for Britain - The 1813 Act sought to redress these grievances— 1. The Company’s monopoly over trade in India ended, but the Company retained the trade with China and the trade in tea 2. The Company’s shareholders were given a 10.5 percent dividend on the revenue of India 3. The Company was to retain the possession of territories and the revenue for 20 years more, without prejudice to the sovereignty of the Crown. (Thus, the constitutional position of the British territories in India was defined explicitly for the first time.) 4. Powers of the Board of Control were further enlarged. 5. A sum of one lakh rupees was to be set aside for the revival, promotion and encouragement of literature, learning and science among the natives of India, every year. 6. The regulations made by the Councils of Madras, Bombay and Calcutta were now required to be laid before the British Parliament. 7. Separate accounts were to be kept regarding commercial transactions and territorial revenues. 8. The power of superintendence and direction of the Board of Control was not only defined but also enlarged considerably. 9. Christian missionaries were also permitted to come to India and preach their religion