[UPSC Notes] Charter Act 1833 – Indian Polity Notes For UPSC IAS Preparation

Introduction

The Charter Act 1833 or the Government of India Act 1833, also known as The Saint Helena Act 1833 (this act took away the Island of Saint Helena in the southwest Atlantic from the English East India Company), is an Act of the United Kingdom Parliament.

The Charter Act 1833 was enacted by the British Parliament to renew the East India Company’s Charter Act of 1913.

The Charter Act of 1833 renewed the East India company’s term by 20 years since the company’s commercial and administrative powers granted by the act of 1813 were set to expire by the end of 1833.

The UPSC Indian Polity and Governance Syllabus include the Charter act of 1833 which is described in this article.

Indian Polity Notes For UPSC IAS Preparation

Historical Background

• The Charter Act of 1833 was enacted against the backdrop of significant changes that had occurred in Great Britain as a result of the Industrial Revolution.
• The principle of laissez-faire was accepted as the government’s attitude toward the industrial enterprise.
• The Reform Act of 1832 was the result of the liberal movement.
• In this climate of liberalism and reform, Parliament was asked to renew the Charter in 1833.
• During the formation of the Charter act of 1833, the political atmosphere in Britain was looking for reforms and liberal ideas.
• They agreed with Macaulay to continue the company rule but on a different basis
• However when the Whig party was in power, the bill was introduced in the parliament and the parliament was in a mood to favor reforms, free trade, and codification of laws.
• The Charter act of 1833 was passed with the recommendations of a parliament inquiry which became a landmark in the constitutional history of India.

Indian Polity Notes For UPSC IAS Preparation

Objective

The Charter was renewed with the aim of abandoning its trade entirely and permitting Europeans to settle freely In India.

Indian Polity Notes For UPSC IAS Preparation

Key Provisions

1. Office of Governor-General

• Governor-General of Bengal was made the Governor-General of India which led to the Centralization in Administration.
• The Governor-General of Bengal was elevated to the position of Governor-General of India, with the exclusive legislative powers.
• Bombay and Madras presidencies were drained of their legislative powers.
• Civil and military powers were granted to India’s Governor-General.
• For the first time, the Government of India was established, with authority over the entire territory possessed by the British in India.
• Lord William Bentick became the first governor-general of India

2. Powers of Governor-Generals Council

• The Governor-General in council could repeal, amend and alter any laws or regulations enforced in British India
• The decision of the Governor-General will prevail at the time of dispute on any matter in the Governor-General counsels and he can reject the majority decision
• Civil, military, and revenue matters were controlled by Governor-general in consultation with the councils
• Governor-general in council was given the power to repeal, alter or amend any laws or regulations for all persons in the British territory of India however the court of director was given the power of veto over any law made by the governor-general in council.
• The act for the first time provided for the appointment of 4th member in the Governor-General in the council who had no power to sit or vote in council except for the purpose of making law.

3. Abolition of Commercial Privileges of the East India Company

• All the commercial Privileges of the company were abolished. This means the company could no longer enjoy its monopoly of China trade and trade of tea which it enjoyed with charter act 1813.
• The company was allowed to retain its territorial possessions as trustee for “ His Majesty, his heirs, and successors ‘.

4. Legal British Colony

• All the restrictions imposed on the entry of Europeans and British which were granted under the charter act of 1813 were abolished
• Europeans and British could now freely acquire, hold or dispose of any property in India. They could now enjoy the freedom of travel and residence in India. India was made a British colony

5. Replacement of Board of Control as Minister for Indian Affairs

• The president of the Board of Control was replaced by Minister for Indian affairs
• The act contained a provision for the creation of the presidency of Agra and Fort William by the division of the Bengal presidency but this provision never came into existence.

Indian Polity Notes For UPSC IAS Preparation

6. Financial Centralization

• Centralization of financial resources was also provided by the act.
• The power of presidency governments to raise revenues and incur expenditure was curtailed
• The Governor- General’s council took over all the financial matters including the raising of revenues and expenditure.

7. Formation of Law Commission

• An attempt to codify laws was made with the charter act of 1833.
• Section 53 of the charter act of 1833 provided for the appointment of a Commission known as the Law Commission. The main aim of the Law Commission was codification and consolidation of Indian law.
• In a step towards codifying laws, the first Law Commission was appointed in 1834 under the chairmanship of Lord Macaulay, the other three members were J.M. Madeira, G.W. Anderson, and C.H. Cameron represented the presidencies of Calcutta, Madras, and Bombay respectively.
• The Law Commission submitted the draft of the Penal Code to the government in 1837 also called as “Macaulay Code” However the draft had to wait for full implantation till 1860 due to the revolt of 1857.
• As a result of the recommendations, the code of civil procedure was introduced in 1859 followed by the Indian penal code in 1860 and the criminal procedure code in 1862

8. Attempt to open Civil Services on the Basis of System of Merit

• 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 criteria for the selection.
• The Charter act of 1833 became the first act that made provision to freely admit the natives of India to share an administration in the country.
• The act has given the power to the Court of Directors to nominate annually 4 times as many candidates as there were vacancies through the process of competitive examination.
• It was an attempt to introduce a system of open competition for civil services. However, this system of open competition was not effectively operated in the near future.

9. Abolition of Slavery

• The act also provided for the diminution of slavery existing in British India.
• Governor General-in-Council was directed to adopt measures for the end of slavery prevalent In India
• Slavery was abolished in India with the act Act V of 1843

10. Increase in no of Bishops

The act of 1833 increased the number of Bishopries to three and made the Bishop of Calcutta the Metropolitan Bishop of India.

Indian Polity Notes For UPSC IAS Preparation

Significance

• This act paved the way for the unification of British India and the establishment of a strong central government in this country.
• The act provided for the codification of the laws and also set aside the narrow consideration of disqualification in the administration of the country.
• Elevation of Governor General of Bengal as Governor General of India was a major step towards consolidation and centralization of the administration of India
• This act allowed the natives of India to freely participate in the administration of the county without any restrictions as to descent, color, caste, creed, etc.
• The legislative functions of the Governor General in Council were separated from the executive functions for the first time. Codification of laws also held a great significance.

Indian Polity Notes For UPSC IAS Preparation

Defects

• The over-centralization burdened the work of the government-in-council to such an extent that he could not devote time and attention to broad questions of principles or Matters of public importance was devoted less time and devotion due to the over-centralization
• The government was not able to meet the needs, urgency, and requirements of the local government because there was no representative from the presidencies in the supreme council.
• This eventually led to dissatisfaction among the presidencies and they were indifferent towards the laws and measures introduced by the Supreme Council.
• As the central government was established at Calcutta, it was difficult for the Governor General-in-council to exercise effective control over distant presidencies, particularly because of the lack of adequate means of communication at that time.
• All the power vested in the single authority i.e Governor-General which made the post very powerful and at times acted as an autocrat.

Indian Polity Notes For UPSC IAS Preparation

What is Industrial Revolution?

It was the transition from old to new manufacturing processes in Europe and the United States between 1760 and 1820 and 1840.

• The Industrial Revolution transformed business, economics, and society, transforming the world.
• These shifts had a significant impact on the world and continue to shape it today.
• Prior to industrialization, most European countries’ economies were dominated by agriculture and artisan crafts like hand-woven cloth.

What is Laissez-faire?

• It is a free-market economic philosophy that opposes government intervention.
• The laissez-faire theory was developed in the 18th century and holds that economic success is more likely when governments are less involved in the business.

Indian Polity Notes For UPSC IAS Preparation

Conclusion

The Charter Act of 1833 was one of a series of Acts enacted by the British government in order to expand its administration in India. The Act’s regulations had an impact on the political system of pre-independence India. With the passage of the Charter Acts of 1833, the British crown gradually gained control of Indian administration through the East India Company.

Indian Polity Notes For UPSC IAS Preparation

Frequently Asked Questions (FAQs)

What was the objective of the Charter act 1833?

The main objective of the charter act 1833 was to abandon the trade entirely and permit Europeans to settle freely In India.

What are some of the powers given to the Governor-General under Charter act 1833?

Some of the Powers given to Governor-General under Charter act 1833 are as follows:

• The Governor-General in council could repeal, amend and alter any laws or regulations enforced in British India
• The decision of the Governor-General will prevail at the time of dispute on any matter in the Governor-General counsels and he can reject the majority decision
• Civil, military, and revenue matters were controlled by Governor-general in consultation with the councils

Who was the first Governor-General of India?

Governor-General of Bengal was made the Governor-General of India after Charter Act 1833. Lord William Bentick became the first governor-general of India

UPSC Mains Practice Question

• The Charter Act of 1833 introduced a new concept of government in India. In the light of the above statement, critically analyze the provisions of Charter act 1833.
• What events in Europe led to the passage of the Charter Act of 1833 in India??
• Address the role of the Charter Act of 1833 and its role in India’s constitutional development.