Charter Act of 1853, History, Objective, Feature and Provision

The charter act of 1853 was passed by Lord Dalhousie was the Governor-General of India. Read all about Charter Act of 1853, History, Objective, Feature and Provision.

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The Charter Act 1853

Read all about the Charter Act 1853. The East India Company’s last charter act was the one from 1853. In contrast to preceding charter acts from 1793, 1813, and 1833, which extended the charter for 20 years, the Charter Act of 1853 reaffirmed the Company’s authority and permitted it to keep the territories and revenues of Indian lands in the trust of the Crown for an unspecified amount of time.

When the charter act of 1853 was passed, Lord Dalhousie was the Governor-General of India. The Charter Act of 1853 is extremely important since it inaugurates India’s parliamentary system. This article goes into great detail about the topic “Charter Act of 1853,” which is a significant component of the syllabus for the Indian Polity and Governance section of the UPSC/IAS Exam.

The Charter Act 1853 History

Due to the court of directors and board of control’s attendance, the delivery business has been delayed and overextended. The British East India Company had previously acquired Sind and Punjab as well as a number of other Indian states; therefore there were territorial and political changes in India following the Charter Act of 1833.

Concerns were also expressed regarding the Governor-General of India’s function as Governor of Bengal because it influences some decisions in Bengal’s favor. Decentralization of power and including the Indians in the running of their own affairs were also demanded.

The British parliament agreed to renew the East India Company’s charter in 1853 based on the aforementioned factors. The Company appointed two Committees to investigate the Company’s affairs in the prior year. Their findings were used to create and pass the Charter Act of 1853.

The Charter Act 1853 Objective

The Company’s jurisdiction was restored by the Charter Act of 1853, and it was given permission to hold the properties and income from Indian colonies in trust for the monarch. However, unlike the earlier Charter Acts, this one did not confer commercial privileges for a set length of time.

The Charter Act 1853 Feature

Finally, the executive and legislative branches of the Governor-legislative General Council were separated. The contemporary parliamentary system of government is based on this act. According to the model of the British Parliament, the legislative branch of the Governor-Council General’s served as a parliament.

It extended the company’s authority indefinitely, unlike past charter actions. As a result, the British government might take control at any time. The company’s power was further reduced by doing this. The Board of Directors now included six Crown nominees.

It was accessible to everyone, including Indians, and gave rise to the Indian civil services. As a result, the system of recommendations for appointments was abolished, and a system of competitive hiring was established. Four representatives from the local governments of Bengal, Bombay, Madras, and North Western Provinces were the first local representation to be added to the legislative council.

The Charter Act 1853 Provisions

1. Legislative Powers

The executive and council functions of the Governor-legislative General were divided for the first time. Six new legislative councilors, as they were referred to, were to be added to the council. In other words, it established a unique Governor General’s Legislative Council that was later referred to as the Indian (Central) Legislative Council.

The legislative part of the council operated like a miniature Parliament and adhered to the same rules as the British Parliament. Legislation was for the first time viewed as a separate government function requiring particular tools and practices. The Governor-Council General’s was required to follow the same legislative process as the British Parliament. Members have the opportunity to discuss and raise questions about the Executive Council’s policies.

The Executive Council was granted the authority to veto any legislation passed by the Council acting as its legislative body. The legislative proceedings were open to the public, and the debate was oral. Bills weren’t referred to specific members but rather to the Select Committee.

2. Salary of the Members

The Charter Act of 1853 stated that the Company would be responsible for paying the salaries of the Board of Control members, its Secretary, and other officers.

3. Reduce in Number of Directors and their Power

The number of court of directors members was decreased from 24 to 18, with 6 of those members must be proposed by the Crown. By virtue of the Act of 1853, the Court of Directors lost its patronage authority, and top positions became subject to competitive examinations without regard to caste, creed, or religion.

This plan was put into effect by the Macaulay Committee, also known as the Committee for the Indian Civil Service, in 1854. It was permitted for the Court of Directors to elect a new Presidency. According to the Act, the court of directors could potentially change the borders of the current states and include the newly acquired state. In the year 1859, a separate Lieutenant Governorship for Punjab was established thanks to this provision.

4. Powers Regarding Law Commission

5. Power with Respect to Presidency

A separate Governor for the Presidency of Bengal was to be appointed, but until that time, the Court of Directors might give the Governor-General of India in Council permission to appoint a covenant employee with ten years of service as the province’s Lieutenant-Governor. Since it was the less expensive of the two, the latter appointment was made.

The Court of Directors was given authority to elect a new Presidency. Additionally, authority was granted to periodically modify and regulate the boundaries of the several provinces. Using this authority, Punjab was transformed into a Lieutenant-Governorship.

6. Open Competition System

For the purpose of hiring and selecting civil servants, it established an open competition system. Indians were thus given access to the covenanted civil service as well. The Macaulay Committee, sometimes known as the Committee on Indian Civil Service, was established in 1854.

The Charter Act 1853 Significance

The Charter Act of 1853 made it abundantly evident that the Company’s rule would not survive for an extended period of time. The sharp division between the Legislative and Executive Councils, which signals the start of India’s Parliamentary system, is one of its defining characteristics.

The Bengali government released the Governor-General from its oversight responsibilities, and he began working for the Indian government. The Charter Act of 1853 establishes and regulates the Legislative Council, which is regarded as a crucial constitutional provision.

The Charter Act 1853 Criticism

One of the most significant flaws of the Charter Act of 1853 was the exclusion of Indians from the Legislative Council. The Charter Act of 1853 provided the Home Government the chance to step in and take the East India Company’s position in India because it did not grant the East India Company the authority to rule India for another 20 years. Things that happened in 1857, or the so-called “Mutiny,” accelerated this process.

The Charter Act 1853 UPSC

FAQs

What is Charter Act 1853 also known as?

The East India Company's last charter act was the one from 1853.

What was the purpose of the Charter Act?

The Crown's authority over British possessions in India was reaffirmed by this Act. The business was given an additional 20 years of reign. With the exception of commerce in tea, opium, and with China, their commercial monopoly was broken. It gave local governments the authority to impose taxes on those who fall under the Supreme Court's purview.

When was the Charter Act 1853 passed?

The last of the series of Charter Acts passed under the Company's administration was the Charter Act of 1853. From 1773 to 1858, it was regarded as one of the most stunning performances in history. Based on recommendations made by the Select Committee of Enquiry in 1852, this law was created.

What were the main features of the Charter Act of 1833?

According to the act, any law passed in India had to be presented to the British Parliament and given the title "Act." An Indian Law Commission was constituted in accordance with the act. Lord Macaulay served as the first Law Commission's chairman. It aimed to codify all Indian legal rules.

What happened in 1853 in India?

From Bombay to Thane, the first Indian train departed. Three steam locomotives pulled the train, which travelled 34 kilometers in 57 minutes. The Nizam of Hyderabad hands over Berar to the British so that its income might finance the British army's presence from Hyderabad.