Charter Act of 1833

Charter Act of 1833

The Charter Act of 1833 is also known as Saint Helena Act 1833. The Charter of the Company was renewed in 1833 after the Charter Act of 1813. There was a lot of controversy before the Charter was actually renewed. The Englishmen ware opposed to the continuance of the monopoly of the Company and consequently one of the provisions of the news Charter was that the monopoly of the Company was to be abolished. The political functions of the company were to continue but the commercial functions were ended.

Provisions of charter Act of 1833

1. The Government of India was to pay the debts of the Company. The Shareholders of the Company were guaranteed a dividend of 10.5 % per annum out of the Indian revenues for the next 40 years. The Indian possessions of the Company were declared to be held by the Company in trust for the British Crown.

2. The Charter Act restricted the patronage of the Directors. It was provided that nominations to seats in the Haileybury College were to be double the number of vacancies in the services. Nominated persons were to join the college and top-most candidates among them were to be selected to fill the vacancies. This provision was amended in 1834 in favour of the Directors and continued up to 1853.

3. President of the Board of Control became the Minister for Indian affairs. His colleagues disappeared both in fact and in name. The minister was to have two Assistant. Commissioners who were to be assistants and not colleagues. The Secretary of the Minister occupied a position of great importance on account of his presence in Parliament and he spoke for his chief when the latter sat in the House of Lords.

4. The Charter Act centralized the administration of the English company in India. Governor-General in Bengal became the Governor-General of India. Governor-General-in-Council was given the power to control, superintend and direct the civil and military affairs of the Company in India. Presidencies of Bombay, Madras, and Bengal and the other possessions were placed under the control of the Governor-General-in-Council. All revenues were to be raised under the authority of the Central government.

5. The charter Act also brought about the legislative centralization of India. Formally, the Presidencies could make their own laws and consequently there was a lot of confusion in the laws of the country. With a view to set up a uniform system of laws for the whole of the country, the Presidencies of Bombay and Madras were deprived of their law-making powers. In future the Governor-General-in-Council alone was to make laws. He could make laws on all subjects. Those laws were to apply to all things and to all persons in British India. Those laws were enforceable by all the courts in the country and no one could refuse to enforce them. Governor-General-in-Council was authorized to make Articles of War and code of military discipline and provide for the administration of justice.

6. The Charter Act added a new Member to the Executive Council of the Government General known as the Law Member. His work was purely legislative. He attended meetings of the Executive Council of the Governor General by special invitation. He was not given any vote. Neither the presence nor the concurrence of the Law member was necessary either for the consideration of the bill or for its passage. The quorum of the Executive Council was fixed at three for legislative work and two for administrative work.

7. The number of the members of the Councils of the Governors of Bombay and Madras was reduced to two.

8. Bombay and Madras were to keep their separate armies under their Commanders-in-chief, but they were to be under the control of the Central Government.

9. The Act provided for the codification of laws in India. Provision was made for the appointment of a Law Omission for the purpose.

10. Section 87 of the Act declared that no Indian subject of the Company in India was to be debarred from holding any office under the Company “by reason of his religion, place of birth, descent and colour.” This was a declaration of very great importance. It is rue its immediate effect was very little,but it was to have far-reaching effects in the long run.

11. Europeans were allowed to come to India and settle. However, they were required to get themselves registered on their landing on the Indian soil. Governor-General-in-Council was empowered to take measures to protect Indians from insult and outrage with regard to their person, religion and opinions at the hands of Europeans.

12. The Bishops of Bombay, Madras and Calcutta were to be appointed for the benefit of Christians in India.

13. The Government of India was required to take measures for the abolition of slavery and betterment of slaves.

14. The Act proposed to divide the Presidency of Bengal into two presidencies, viz, Presidency of Agra and presidency of Bengal. However, this provision was suspended by the Act of 1835 which authorized the appointment of a Lieutenant-Governor for the North Western Provinces. The Governor-General of India was to continue as the governor of Bengal.

Criticism of Charter Act of 1833

Critics point out that the Act of 1833 was passed before “empty benches and an uninterested audience” of the House of Commons. But the Calcutta Gazette of October, 1833 hailed the Charter’s renewal by call for a general illumination and a display of fireworks, which were granted and brought much satisfaction to a populace always agreeably avid for Tamashas.

Milan Tomic

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