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Act and Council Act in History
Act and Council Act in History
4. Act of 1786 02
8. Miscellaneous
Historical Background
British Rule in India
Importance Features
• First step by British Parliament to • Designated Governor of Bengal as
regulate affairs of East India company ‘Governor-General (GG) of Bengal’ (1st:
in India Lord Warren Hastings)
• First time recognised political and • Executive council of 4 to assist GG
administrative functions of EIC • Made presidencies of Madras and
• L ai d f o u n da ti o n of c e n tra li ze d Bombay subordinate to GG
administration in India • Established Supreme court at Calcutta
• Warren Hasting and 4 members of (1774)
Executive Council were named in the Act, • Private trade of servants &
la te r ones we re a ppoi n te d by the bribes/presents from ‘natives’: Prohibited
Company • Court of Director of EIC: report to
British Parliament on civil, revenue and
military matters
Objective Features
• To rectify the defects of Regulating Act of • Exempted GG (of cial
1773 capacity)/servants of company(of cial
• Jurisdiction of Supreme Court was made capacity)/revenue matters (of company)
clear from jurisdiction of Supreme Court
• Social and religious usage of subjects • Supreme Court to administer personal
was to be honoured. laws: Hindu under Hindu laws and
Muslims under Mohammedan law.
• Supreme court to have jurisdiction over
all inhabitants of Calcutta
• Appeals from provincial court to lie with
GG-in-Council (Not Supreme Court)
Importance
India Act Of 1784
• Company territories: First time called as British possession in India
• British government was given supreme control over Company’s affairs in India
Features
• Commercial and Political functions of company were distinguished
• GG Council to have 3 members (including commander-in-chief)
• Court of Directors (of company) to manage commercial affairs
• Board of Control (new body created): Manage political functions
• Board of Control to supervise all civil, military and revenue matters of company
• General prohibition was placed on aggressive wars and treaties (often breached)
• 1786: Lord Cornwallis was appointed as GG. He demanded 2 things to accept the position
• 1) Power to override GG-in-Council
2) He should also be the Commander-in-chief
• Act was enacted to make both the provisions
Features
• It extended the 1st demand of Cornwallis (above) to all future GGs and Governors of
presidencies.
• Royal approval mandated for appointment of GG, governors and commander-in-chief.
• Revenue administration was separated from judiciary functions
❖ Disappearance of Maal Adalats
• Senior of cial of company debarred from leaving India without permission
❖ seen as resignation
• Gave GG more control over Presidencies – Bombay and Madras
• Trade monopoly of Company extended for 20 years
• Commander-in-chief not to be a member of GG-in-Council unless appointed.
• Members of Board of Control: Paid out of Indian revenue
• Company can give licence of trade to individuals and its own employees to trade in India:
Paved the way for shipment of opium to china
• Business interest in Britain: Pressed for end to company’s monopoly over trade in India
because of: 1) Laissez-faire 2) Continental system by Napoleon (European ports were closed for
Britain)
• Act was aimed at redressing these grievances of business community in Britain
• Features
• Abolished trade monopoly in India (Trade now open to all British merchant)
• Monopoly over trade in tea (in India) and trade with China, continued
• Company rule extended for 20 more years.
• Allowed Christian missionaries to come in India for enlightening the people
• Sum of 1 lakh rupees every year: Promotion and encouragement of education among natives
• Authorised local government to impose taxes on persons (people can be punished for not
Importance
• First time, GoI having authority over entire territorial area (GG of India)
• Climax of centralized administration in India
Features
• Now, GG of Bengal = GG of India (1st= Lord William Bentick)
• GG of India: All civil and military power
• Governor of Madras and Bombay: Deprived of all legislative power (under complete control of
GG)
• Law Minister added to GG’s Council for professional advice on law-making
• Indian laws were to be codi ed
• Laws made under previous Acts were called regulations.
• Laws made under this Act were called Acts
• Ended activities of Company as commercial entity. (now, purely administrative body)
• Attempted to introduce open recruitment for selection of civil services (Later, Negated) --- this
declaration became a sheet-anchor of political agitation in India
• All restriction on European immigration and acquisition of property in India were lifted
paved the way for wholesale European colonisation of India
• Monopoly over trade with China and in tea (in India) also ended
• GoI was urged to take steps towards abolishing slavery (done in 1843)
Importance
• Last of Charter Acts
• Features
• Separated for 1st time: Legislative and Executive functions of GG-in-Council
• For Legislative Purpose: 6 new members added (legislative councillors) – this council was
called as Indian (Central) legislative Council – Functioned as mini-parliament Legislation
rst time became as a specialized function
• Introduced open recruitment system for civil servants (Company’s patronage dismantled)
• Law member became full member of GG’s council
• Extended Company’s rule without mentioning the period
• For rst time: Introduced local representation in Indian legislative council – Of the 6
legislative members, 4 to be nominated by provincial governments.
Features
• Beginning of representative institutions: Associated Indians with law making process
• Legislative devolution: Restored legislative powers to Madras and Bombay presidencies
• Viceroy to nominate these as non-of cials to Indian legislative council
• Indian legislative council: No real power – no control over budget, cannot discuss
important matters etc.
• Gave recognition to portfolio system (introduced by Lord Canning in 1859): Member of
GG’s-in-Council (Executive Council) were made in-charge of department(s) and were
authorised to issue nal orders on behalf of council in this department(s)
• Empowered viceroy to issue ordinances (6 month life)
Importance
• Act made limited and indirect provision for election: lling non-of cial seats in central
and provincial legislative council (Word election was not used) – process was officially
described as nomination
• INC was formed in 1885: It demanded reform of councils Act was passed as a response to
this
Features
• Increased non-of cials in central and provincial legislative councils (official majority
maintained)
• Increased functions of these councils (Ex: can discuss budget and ask questions)
• Some nomination to central legislature by Viceroy: on recommendation of Bengal chamber
of commerce Principle of representation was introduced
• Some nomination to provincial legislature by Governor: on recommendation of District
boards, universities etc. Principle of representation was introduced
Limitations
• Supplementary question could not be asked
• Budget not voted upon
• Of cial majority retained
Features
• Increased size of Central and Provincial legislatures
• Official majority in central legislature but non-of cial in provincial legislature
• Enlarged power of legislatures (Ex: Can ask supplementary question)
• 1st time: Indian to be associated with executive council of GG. Satyendra Prasad Sinha
was Law Member
• System of Communal Representation (Separate electorate to central legislature): For
Muslims (Only Muslims can contest and vote)
• Also provided for separate representation: For chambers of commerce, universities etc.
• British for the rst time in 1917 declared: Objective is to gradually introduce responsible
government in India
• Also called as Montagu-Chelmsford Reforms
• First time introduced bicameralism and direct election.
• These reforms were in response to the Home Rule Movement
• Women for rst time got right to vote
Features
• It separated central and provincial subjects for lawmaking.
• Provincial Subjects were divided: 1) Transferred: administered by Governor with the aid of
ministers who were responsible to legislative assembly 2) Reserved: administered by
Governor and his executive council (not responsible to legislature --------- This system came
to be known as Dyarchy
• Indian legislative council now have 2 houses: 1) Upper House: Council of State 2)
Legislative Assembly: Lower House ------- Majority of members in both houses were directly
elected
• Council of state: Tenure of 5 years and had only male members
• Central legislative Assembly: Tenure of 3 years
• 3/6 members of Viceroy’s executive council (other than commander-in-chief) were to be
Indian.
• Extended Communal representation: now to Sikhs, Christian etc.
• Created new of ce of High Commissioner for India in London
• Provided for public service commission: Central PSC in 1926
• Separated Central and Provincial budgets
• Pay of secretary of state: were being paid out of Indian revenue till now, but under the
Act, they were to be paid by British exchequer from now on. (undoing Act of 1793)
Limitations
• At the level of provinces: Division of subjects was irrational unworkable
• At the centre: Central legislative council had no control over viceroy
• Feb 1947: British PM Clement Atlee declared that British rule in India would end by June
30 1948
• On June 3 1947: put forward Mountbatten Plan for the partition of India
• Lord Mountbatten was 1st GG of India
Features
• It declared India as independent from August 15, 1947
• Provided for partition of India – 2 dominions to be formed
• Right to secede from British Commonwealth
• Abolished office of Viceroy
• Provided for GG for each dominion who is to be appointed by British King on advice of
dominion cabinet
• Empowered constituent assembly to legislate till constitution is enforced.
• Abolished the office of secretary of state
• Proclaimed lapse of Paramountcy: Freedom to princely states to join: India, Pakistan or
Independent
• Governance till constitution is nalized according to GoI Act of 1935
• GG and Governor were made nominal head and responsible government is introduced at
central and provincial level
• Dropped the title of Emperor of India