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Summary
Modern Indian History Class 20

Last class revision (5:02 PM)

Impact of Pitt's India act, 1784 (5:21 PM)

  • Dual control of GG Bengal, that is 2 bosses(BOC and COD) in practice meant no control as he could play his two masters against each other.
  • Still no veto power to the Governor-general of Bengal therefore indecision in the supreme council of Bengal continued.
  • A conflict between the Governor-general of Bengal and the Commander-in-Chief(CIC) of the EIC army,  as the decision of war and peace with the Governor-general of Bengal but the right to use the army with the CIC of EIC.
  • There was a ban on imperial expansion via Pitt's India act 1784 as it stated conquest in India is repugnant to wish, honour, and policy of the British nation, this was because of high war expansion(1789-92 3rd Anglo Mysore war by Cornwallis, despite a ban on conquest because Mysore excepted as an exception by the British government).
  • Wellesley changed this policy in 1798 and expansion resumed.

Amending act of 1786 (5:41 PM)

  • It gave veto power to the Governor-general of Bengal over his council in extraordinary circumstances.
  • EIC was empowered to appoint the same man to 2 posts of Governor-general of Bengal and CIC of the EIC army to end the conflict between the two post holders.
  • Therefore Cornwallis was the 1st Governor-general of Bengal also to be CIC.
  • Warren Hasting was the Ist Governor-general of Bengal, William Bentinck was the 1st Governor-general of India and Canning was the 1st viceroy.
  • The system of controlling EIC setup by Pitt's India act continued until 1858 with very little change.

Charter act 1793 (5:52 PM)

  • Hallmark concept of Civil law introduced in India.
  • A code of all regulations for governing Bengal was framed.
  • These regulations dealt with the rights of persons and property and contained rules and directives and therefore bound the court to follow these regulations while passing orders.
  • All laws were to be printed in local languages so people know their rights, privileges, and immunities.
  • The size of BOC decreased and now BOC had a president of BOC and 2 junior members who may not be from the privy council, therefore the concentration of power in the president of BOC increased.
  • There is the concentration of powers in the president of BOC, London, and Governor-general in India via different acts.
  • The salary of BOC is to be given by EIC, that is by Indian taxpayer money.
  • The Governor General of Bengal's power over his council and the governor of madras and Bombay further increased.
  • Subjects of the crown can not acquire sovereign powers over territory on their own but only on behalf of the crown, therefore the company was to exercise political function/manage public affairs/handle CMR matters and administration matters in India as an agent of the British state.

Charter act 1813 (6:29 PM)

  • The Hallmark of the act was the begging of the project of the westernization of India.
  • The background was the act was the industrial revolution in Britain, therefore now Britain wanted to convert India into a source of cheap raw materials and an export market for British machine-manufactured finished goods
  •  High pressure by manufacturers and non-EIC traders to end the monopoly of EIC over trade/business with India that existed since the 1600 charter.
  • Adam smith in his "An enquire into nature and causes of the wealth of nations" in 1776 argued for a free market economy, therefore the idea of monopoly can be under criticism.
  • It was argued that opening up the Indian economy would westernize the Indian economy through the transfer of technology and FDI, which would industrialize India, leading to better fulfilment of the white man's burden.
  • Evangelist Charles grant, a member of COD of EIC, and Liberals and utilitarianism argued for westernizing India to fulfil white man's burden as for them greatest of ancient Indian civilization was a myth.
  • Provision of Charter act 1813:
  • The monopoly of EIC over trade with India ended except for the monopoly of tea trade and trade with china.
  • Entry of Christian missionaries was legalized, and therefore spread of Christianity began.
  • It talked about the undoubted sovereignty of the British crown over territorial possessions in India.
  • The goal of British rule was defined as the moral and spiritual upliftment of India.
  • Therefore now there was a push toward Christianity, western education, and socio-religious reforms
  • Therefore charter 1813 was the benchmark for the westernization of India.

Chater act 1833/Saint Helana act (7:22 PM)

  • This is a landmark in the constitutional history of India.
  • As territory with EIC in India increased and as the inflow of Britishers since 1813 increased, therefore a need for uniform laws and administration in the whole of British India was felt.
  • Therefore Governor Bengal was elevated to be governor-general of India with direct control over all of the British India civil, military and revenue matters.
  • The Governor General of India in council was empowered to make laws for the whole of British India and these laws apply to all persons.
  • The Governor General of India became the executive head o British India and now there was the centralization of legislative and executive authority in the Governor General of India.
  • Legislative powers of the Governor of Bombay and madras were taken away, therefore centralization that began in 1773 peaked in 1833.
  • One law member Thomas Macaulay added to the Governor General of India's council.
  • A grain of separation of power was introduced within the Governor General of India's council.
  • A law commission was set up under Thomas Macaulay for the codification of laws which was completed by 1837.
  • However, deliberation and updating continued and full implementation was done after 1857 in the form of the Civil procedure court 1859, the Indian penal code 1860, and the criminal procedure code 1862.
  • EIC lost its monopoly of trade with china and tea trade in India, therefore the commercial function of EIC ended.
  • EIC now only had a political function as an agent of the British crown.
  • BOC supervisory power extended to all administrative affairs in India.
  • President of BOC now called minter for Indian affairs.
  • Judiciary opened to Indians.
  • Lower civil service is now open to Indians.

Charter act of 1853 (8:00 PM)

  • This renewed the charter but not for 20 years and only till parliament otherwise specify.
  • Big blow to EIC as now patronage of EIC was ended as the Civil services exam was introduced by Charter 1853.
  • Separation of power was introduced within the governor-general council as 6 more legal members were added
  • Since Indians could give civil service exams, covenanted civil service opened for Indians.

Government of India act 1858 (8:06 PM)

  • Administratively more continuation than change.
  • The President of BOC was replaced by the secretary of state for India and now be central authority and director of policy for India.
  • BOC was replaced by the India council/ council of India which was to have 15 members and was headed by SOS for India.
  • Dual control of the governor General ended as he now reported only to SOS for India.
  • Governor General replaced by Viceroy.
  • No change in power of the Governor-General.
  • The sovereignty of India now with the British crown.
  • Bahadur Shah Zafar pensioned off to Burma.
  • The policy of subordinate isolation was replaced by a policy of the sub-ordinate union, therefore Indian rulers were legally part of the British empire in India.
  • Via the royal titles act of 1876 Queen was empowered to take the tile of Kaiser-i-Hind.
  • In 1877, in Delhi durbar, the Queen's victory got coronated as Kaiser-i-Hind.

The topic of the next class: is EIC administration.