Significance of Historical retrospect

Well said by one of the greatest constitutional experts, Ivor Jennings that “all Constitutions are the heirs of the past as well as the testators of the future.” The very fact that the Constitution of India is not the product of any political revolution but a product of research and deliberation as well as long years of struggle for freedom waged by the Indians against a colonial power in order to fashion a system of the government that would not only mark an improvement over the existing state of affairs, but also seek to fulfil the needs and aspirations of the people of India.

Regulating act, 1773

The Act passed by the British parliament, sought to control and regulates the affairs of the British East India Company both in England and India.

Major provisions

1. The Company’s monopoly of trade with East India was extended for 20 years.
2. The Court of Directors, comprising 24 members, was to be elected for four years, with one-fourth members retiring every year.
3. The Company was required to submit copies of all correspondence received from India to the British government
4. A Governor-General and Council of four members were appointed for Bengal.
5. The Governments of Bombay and Madras Presidencies were subordinated to the Bengal Government in matters of making treaties or declaring war.
6. Establishment of a Supreme Court at Calcutta was provided for.
7. The Company’s servants were forbidden from accepting bribes or doing private trade.

Importance ofthe Act

1. It marked the beginning of British parliamentary intervention in Indian affairs.
2. The East India Company was recognized as a commercial-cum-political body.
3. The Act opened new channels for Britain’s imperial ambitions in India.

Amending act of 1781

The Act was meant to improve the administration of justice in India.

Provisions ofthe Act

1. The Supreme Court was not to have jurisdiction over (a) the official acts of the Governor-General and his Council; (b) the Company’s revenue officers and Zamindars.
2. The Supreme Court was expected to respect the religious views and practices of Indians.
3. The Governor-General and his Council could frame regulations for the working of the civil and criminal courts. Such regulations were not expected to be registered in the Supreme Court.

Pitt’s India act, 1784

Major provisions

1. In England, the Board of Control consisting of six parliamentary commissions was appointed to control civil, military and revenue affairs of India.
2. The Court of Directors had to comply with all orders and directions of the Board.
3. The Court of Proprietors lost power to change or revise resolutions of the Court of Directors, but retained the right to appoint Governor-General, Governors, Commander-in-Chief and members of the Councils in India.
4. The strength of the Governor-General’s Council in Bengal was reduced from four to three members.
5. The control of the Governor-Central in Council over the Presidencies of Bombay and Madras was enlarged and made effective.

Charter act of 1793

By this act, the company Charter was renewed for 20 years and the powers of the Governor-General over Bombay and Madras Presidencies were extended.

Charter act of 1813

Major provisions

1. The Company’s monopoly of trade with Indian was abolished except for trade in tea and trade with China.
2. All Englishmen could trade with India subject to certain restrictions.
3. Rules and procedures were laid down for the use of Indian revenues.
4. The Company was to annually set apart one lakh rupees for promotion of literature and education in India.

Charter act of 1833

Major provisions

1. The Company’s Charter was renewed for a further 20 years, but the Company was to administer India on behalf of the British Crown.
2. The Company’s commercial monopoly was completely abolished, including the trade in tea and trade with China. Also, the Company was asked to close its commercial business at the earliest.
3. All laws made by the Governor-General in Council were henceforth to be known as Acts. Until then they were known as Regulations.
4. The Governor-General of Bengal became the Governor-General of India.
5. The Governments of Bombay and Madras were placed under the complete administrative control of the Governor-General in Council.
6. The Governments of Madras and Bombay lost legislative powers and had their financial powers circumscribed.
7. The Act provided for the appointment of a Law Commission and for the codification of laws.
8. All restrictions on Englishmen’s migration to, and acquisition of land and property in India, were removed.
9. Indian subjects of the Company were declared eligible for high public offices.
10. The Government of India was enjoined to improve the condition of slaves and abolish slavery.

Charter act of 1853

Provisions ofthe Act

1. The Company’s Charter continued, but indefinitely.
2. The number of Directors was reduced form 24 to 18, with six Crown nominees.
3. The Legislative Council was to consist of 12 members. These were, Governor-General, Commander-in-Chief, four ordinary members of the Governor-General’s Council, the Chief Justice of Bengal, another judge, plus a representative each from Bengal, Madras, Bombay and the North-WesternProvinces.
4. A Law Commission was to be appointed in England to examine the report of the Indian Law Commission.
5. ICS officers were to be appointed through competitive examination.