Charter Act of 1833

The British Parliament enacted the Charter Act 1833 in order to renew the Charter Act of 1813 of the East India Company. Upon expiration of the East India company’s commercial and administrative powers granted by the act of 1813 at the end of 1833, the Parliament of Britain passed the Charter Act of 1833 and extended the company’s term by 20 years. As part of the same Act, a fourth ordinary member of the Governor General in Council for India was to be appointed as a legal expert to make laws. Among the members of the Governor General in Council, Lord Macaulay was the fourth ordinary member who had the right to participate in the making of laws in the meetings. 

Background:

A great deal of change occurred in England between the Charter Act of 1813 and the Charter Act of 1833. This was largely due to the Industrial Revolution. Exports of cheap products from these new machines widened the prospects of individuals. A new class consciousness has ushered in British politics. To represent the labourer class, an intelligentsia class arose.Liberal principles triumphed after the Whigs came into power in 1830. People openly preached about human rights and practised free trade. During the 1833 renewal of the charter, there was a renewed and wider campaign for its abolition in Britain, and for the government to take over the Indian administration directly. Parliament, however, held a different viewpoint and agreed with Macaulay that the company’s rule in India had to be maintained. Following a parliamentary inquiry, the Act of 1833 marked an important point in Indian constitutional history.

Features of the Charter Act of 1833:

• The Bombay and Madras governors were stripped of their legislative powers. British India was governed by an exclusive legislative branch headed by the Governor-General of India. Prior to this act, laws enacted under previous acts were called “regulations,” whereas laws enacted under this act were called “Acts.”
• It vested the Governor-General of Bengal with the functions of both the Governor-General of Bengal and the Governor-General of India. As a result, the act established a government of India with complete authority over the entire land area formerly possessed by the British.
• A number of provisions of the Act included a competitive selection system for civil servants, stating that Indians should not be prohibited from holding any office or employment with the company. The Court of Directors opposed this provision.
• By becoming a purely administrative body, the East India Company ended its commercial activities. In it, the company provided that its Indian territories would be held “in trust for His Majesty, His heirs and successors”.

Provisions of the Charter Act of 1833:

• Indian Law Commission:

• The act stipulated the establishment of an Indian Law Commission. According to the act, any law made in India must be presented before the British Parliament as an “Act”. 
• A comprehensive codification of Indian law was sought. Lord Macaulay was the first chairman of the Law Commission.

• India became a British colony:

• India’s Governor-General was redesignated as the Governor-General of Bengal. Consequently, Lord William Bentinck became the first Governor-General of India. As a result, the country’s administration became centralised.
• Bombay and Madras’ governors lost the power to legislate. A Governor-General was granted legislative power to govern British India. The governor-general was entitled to amend, repeal, or alter all laws relating to the British Indian territory, whether they were British, foreign, or native. The Governor-General in Council was responsible for civil and military matters at the company.
• Four members were to comprise the Governor-General’s council. However, the fourth member’s authority was limited. In India, the Governor-General’s Government and the Council of India became known for the first time.

• Slavery:

• This act mitigated the slavery that existed in India at that time. Slavery was abolished in Britain and all its possessions by the British Parliament in 1833.

• Indians in Government services:

• It was the first act that gave Indians a voice in the administration of the country. It stated that merit should serve as a basis for employment in government without regard to race, colour, or religion.

• Tilt towards Christianity:

• As the population of British residents in India grew, the act allowed three bishops to serve in the country. Furthermore, the act sets out rules for Christian institutions to establish themselves in the country. 

Conclusion:

In order to expand its administration in India, the British government enacted a number of acts, including the Charter Act of 1833. Regulated by the act, pre-independent India’s political system had been influenced. Through the East India Company, British crown rule eventually gained control over Indian administration, with the Charter Acts of 1833 beginning the process. As far as legislation during the 19th century is concerned, the Charter Act of 1833 is by far the most significant. A strong central government was established in British India as a result of this act. This act marked a first in British India, providing for the codification of the laws and setting aside the narrow distinction of disqualification in the administration of the nation.