Constitutional Experiment During the Rule of the East India Company-(1773-1857)

The roots of the Indian Constitution can be traced back to the British period in Indian history. Starting from 1773, a series of acts were passed by the British Government, none of which truly met the aspirations of the Indian people as they were imposed by foreign rulers.

The development of the Indian Constitution can be divided into two key phases. The first is the company rule from 1773 to 1858, and the second is the crown rule from 1858 to 1947. This article primarily focuses on the first phase and the significant constitutional experiments that were introduced through various acts and regulations.

This subject is of great importance for those preparing for the IAS Exam, both from the perspectives of the prelims and mains.

Here are some resources to further your preparation for the upcoming exam:

GS 2 Structure, Strategy and Syllabus
Polity Questions in UPSC Prelims
Topic-Wise GS 2 Questions for UPSC Mains
Constitution Questions for UPSC Mains
Governance Questions for UPSC Mains
Take IAS Mock Tests
Download NCERT Notes PDF

Regulating Act, 1773 :

Let's take a look at the main provisions of the Regulating Act, 1773:

The British Parliament made its first attempt to regulate the affairs of the East India Company.
Centralisation of the Company’s territories in India was provided for.
The Governor of Bengal was appointed as the Governor-General for all British territories in India.
A council of four members was appointed for Bengal, with the Governor-General at its head.
The Court of Directors, comprising 24 members, was to be elected for four years, with one-fourth of members retiring every year.
The presidencies of Bombay (now Maharashtra) and Madras (now Tamil Nadu) were subordinated to the Bengal Presidency.
A Supreme Court was to be set up at Calcutta.
Company’s servants were prohibited from accepting bribes or engaging in private trade.

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Pitt’s India Act, 1784 :

The Pitt’s India Act of 1784 included the following major provisions:

The Indian affairs of the Company were transferred into the hands of the British Government.
A Court of Directors comprising 24 members was established to oversee commercial functions.
A Board of Control consisting of six Parliamentary Commissioners was formed to control the civil, military, and revenue affairs of India.
The Court of Directors was required to comply with the orders and directions of the Board.
The strength of the Governor-General’s Council was reduced to three.
The control of the Governor-General-in-Council over the Bombay and Madras Presidency was enlarged and made more effective.
This act marked the first effective substitution of Parliamentary Control over the East India Company.

Charter Act, 1793 :

The Charter Act of 1793 included these major provisions:

The Company was granted a trade monopoly for 20 more years.
Expenses and salaries of the Board of Control were to be charged on Indian Revenue.
The Governor-General was given the authority to over-ride his Council.

Charter Act, 1813 :

Here are the main provisions of the Charter Act of 1813:

The Company was deprived of its trade monopoly in India except for the tea and opium trade with China.
All Englishmen could trade with India subject to certain restrictions.
Rules and procedures were established for the use of Indian revenue.
A sum of Rs. 1 lakh was earmarked annually for education in India.

Charter Act, 1833 :

The Charter Act of 1833 introduced the following major provisions:

The Company’s trade monopoly, even in tea and opium with China, was ended.
The Company was instructed to close its business at the earliest opportunity.
The Governor-General of Bengal was appointed as the Governor-General of India.
The governments of Madras and Bombay were deprived of their legislative powers.
A fourth member, a Law Member, was added to the Council of the Governor-General.
Government Service was opened to the people of India.
All laws made by the Governor-General's council henceforth were to be known as Acts, not regulations.
A provision was made for the appointment of a Law Commission for the codification of laws.
Slavery was to be abolished.

Charter Act, 1853 :

The Charter Act of 1853 included these major provisions:

The life of the Company was expanded for an unspecified period.
A separate legislative machinery consisting of a 12-member Legislative Council was created for the first time.
The Law member was made a full member of the Executive Council of the Governor-General, and six additional members were added for legislative purposes.
Recruitment of Civil Services was based on an open annual competitive examination.

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Constitutional Experiment During the Rule of the East India Company-(1773-1857)

Regulating Act, 1773 :

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