The Charter Act of 1833, also known as the Government of India Act 1833, was a crucial legislation that brought significant changes to the governance of British India. This act was enacted by the British Parliament and aimed to reform various aspects of the administration and governance of India. Let’s delve into the details of this pivotal act and understand its implications for the governance of British India.
The Charter Act of 1833, also known as the Government of India Act of 1833, was enacted as the Saint Helena Act of 1833. It was a directive from the British government to reform the legal framework of the Government of India. The term “Saint Helena” refers to a British territory located in South Africa during 1833. The British Parliament passed the Charter Act of 1833 to fulfill the objectives set by the East India Company’s India Charter Act of 1813. This article will discuss the advantages and disadvantages of the Charter Act of 1833.
Background
- The British Parliament passed the Charter Act of 1833 to establish a law commission for Indian laws and regulations. This act introduced a fourth member to the Governor-General’s administrative unit in India, responsible for creating legal statutes. Also known as the Saint Helena Act, it appointed Lord Macaulay as the fourth member of the Council of India, where he played a role in lawmaking.
- In 1835, Lord Macaulay became the first Chairman of the Law Commission. Sir Stephen replaced him as the Law Member. Initially, there was a secondary department called the legislative department, operating under the home department and managed by an assistant secretary. Their task was to draft bills for legislation.
- In 1869, recognizing the need for a separate department, the legislative department was officially constituted. This department took over the responsibility of drafting bills, and the Secretary of the Legislative department was tasked with ensuring the ruler’s security and making laws. The members of the legislative department drafted bills for the Council’s consideration.
- During the late 19th century, the Law Commission’s efforts resulted in the enactment of many laws, including the Indian Penal Code, which was originally drafted by Lord Macaulay and is still in use today. The first report of the third law commission, guided by Sir Henry Maine, led to the passing of the Indian Succession Act by the Governor-General in Council.
Features and Provision
- The Governor-General of Bengal was given the title of Governor-General of India, consolidating administration in the country. Lord William Bentinck became the first Governor-General of India, centralizing the country’s administration.
- Under this Act, the governors of Bombay and Madras lost their legislative powers, and the Governor-General gained legislative power over all of British India. Any law affecting individuals and areas in British Indian colonies could be amended, revoked, or changed by the Governor-General in Council, regardless of whether they were British, foreign, or local Indians.
- The Governor-General in Council oversaw the civil and military functions of the company, with four members making up the Governor-General’s Council. However, the fourth member had limited power. The Governor-General’s office was renamed the Government of India, and the council was renamed the India Council for the first time.
- The Act also established an Indian Law Commission, led by Lord Macaulay, to codify all Indian laws. Additionally, it laid the foundation for allowing Indians to participate in the government based on merit rather than birth, color, religion, or race.
- With the increasing number of British residents in India, the Act provided for the appointment of three bishops and aimed to control the establishment of Christian institutions in India.
- Regarding the division of Bengal Presidency, although an ordinance was passed to divide it into the Presidencies of Agra and Fort William, it was never implemented.
- Furthermore, the Act aimed to end slavery in India, in line with the abolition of slavery in the United Kingdom and its possessions by the British Parliament in 1833.
Significance of the Act
- The Charter Act of 1833 was influenced by significant changes in Great Britain due to the Industrial Revolution. The government adopted a laissez-faire approach towards industrial enterprise, and the Reform Act of 1832 led to liberal movements.
- During the formulation of the Charter Act of 1833, Britain was embracing liberal ideas and reforms. Lord Macaulay supported the continuation of the Company’s rule based on various principles.
- When the Whig party was in power, the bill was introduced in Parliament, which was inclined towards codifying laws and supporting retail trade reforms.
- The Charter Act of 1833 was based on recommendations from a parliamentary inquiry, marking a significant milestone in the legal history of India.
The Charter Act of 1833 was a crucial law passed by the British government to expand administration in India. It introduced several regulations that had a significant impact on India’s political system before independence. Through the Charter Act of 1833, the British Crown gradually gained more control over India’s administration with the assistance of the East India Company.
Also Read: Charter of India Act 1813.