East India Company Rule in India

• Influence of British rule can be seen in Indian Constitution. There are events which has greatly influenced our constitution and polity. We can divide British rule into:  
  1. Company rule (1773-1858)  
  2. Crown rule (1858-1947)
• In this chapter we will discuss the Company rule from 1773-1858 and in next chapter we will discuss about Crown rule from 1858-1947.
• Here it should be noted that after revolt of 1857 British government took over the control from the East India Company and. So after 1857 we can say that Crown rule Started.

 Company rule (1773-1858)

• Regulating Act of 1773   
  1. Regulating Act of 1773 was introduceda to regulate the functioning of East India Company. British government found it necessary due to following reasons:
     1. Malpractices of Company officials has brought chaotic situation in the country.  
     2. Company financially position was in danger and they applied for loan from the British Government.  
     3. Due to company cruelty on Indian peoples image of British Government was in vain.  
     4. Due to the above reason British Government found it necessary for interfering in the activities of the Company in India. And hence passed Regulating Act of 1773.  
     5. This was a first step of the British Government towards removing the political power of the Company.   
  2. Provisions of the Act    
     1. A Governor of Bengal became Governor General of Bengal and Executive Council of Four members was created to assist him.   
     2. Lord Warren Hastings was chosen as the first Governor General of British India.  Regulating Act makes the Governors of Bombay and Madras subordinate to the Governor-General of Bengal. Hence it leads to the increase of the power of which resulted in increase in corruption at lower levels.     
     3. Supreme Court consisting of chief justice and three puisne Judges to be established. All the public servants of the company were brought under its jurisdiction.      
     4. Supreme Court was also set up in Calcutta at Fort Williams with Elijah Impey as its Chief Justice in 1774.    
     5. The Act in order to control corruption prohibited the servants of the company, both Civil and military, from engaging in any private trade or accepting presents or bribes from the ‘natives’.
• Pitt's India Act of 1784 
  1. It was introduced to remove the drawbacks of the Regulating Act and was named after the British Prime Minister William Pitt.  
  2. Provisions of the Act
     1. It established a Board of control over the Court of Directors of the Company. The Board were to report to the British Parliament. The commercial affairs to be managed by Court of Directors and the political affairs to be managed by Board of Directors. Hence we can say that Pitt’s India Act of 1784 created a system of Double Government.
     2. The Board of control consisted of six commissioners including two Cabinet Ministers, to be appointed by the British Parliament.
     3. The Company by this Act doesn't loose his monopoly of trade and even the right to appoint and dismiss its  officials still continues with Company. This led to the introduction of dual system of government by the company and by a parliamentary board which lasted till 1857.
• Charter Act of 1813
  1. According to this act the company's charter was renewed and was granted furthe permission to trade for a period of 20 years. It ended the company’s trade monopoly with India. However company monopoly of trade with China and trade in tea was retained.
  2. It subjected the three councils of the Governors to greater control of Parliament by requiring them to place all their regulations before the British Parliament.
  3. One remarkable provision of this Act was the grant of rupees 1 Lakh for the development of education in the British India. This is the first time when the British government has taken step for improving education in British India
• Charter Act of 1833
  1. Governor General of Bengal was renamed as the Governor General of India and is empowered with more power then earlier. Lord William Bentick occupies the position of first Governor General of India.
  2. It dissolves the legislative power of the governor of Bombay and Madras. And the legislative power for the whole British India was given to The Governor General of India.
  3. Accordding to the previous Act the laws made were called as Regulations while laws made under this Charters  Act were called as Acts.
  4. It transformed the East India Company from a commercial body to a purely administrative body.
  5. It attempted to introduce a system of open competition as the basis for the recruitment of civil servants of the company. However, this provision was not executed because of the opposition of the Court of Directors.
  6. The executive Council of the Governor General was enlarged  by the addition of the 4^th member (Law member) for Legislative purpose.
  7. A law commissioner was constituted with the purpose of consolidating, codifying and Improving Indian laws.
  8. Lord Macaulay occupies the position to be named as the first law member and head of the law commission.
  9. This Act was final step towards centralisation in British India.
• Charter Act of 1853  
  1. Because of its provisions it is considered as a significant constitutional landmark.  
  2. Provisions of the Act   
     1. It separated the legislative and executive functions of the Governor- General’s council by establishing a separate Governor-General’s legislative council later which is known as the Indian (Central) Legislative Council.     
     2. It introduced an open competition system of selection and recruitment of civil servants in which Indians were also allowed.      
     3. It extended the Company’s rule as previous acts were extending but there is a major difference between the earlier extension and extension to this time. This time no fixed tenure is decided as earlier charters extends the Company right to fix 20 years.
     4. The working of the Council was to be on the lines of the British Parliament. Questions could be asked and the policy of Executive Council could be discussed, though the executive Council retained the power to Veto a bill of the Legislative Council.  
     5. This act ended the company monopoly of trade with India and trade in tea which was retained in act of 1813.
     6. After this Act there happens the Great Revolt of 1857 due to which no further charter Act was anoounced as there was a complete change in the ruling structure of the Company.