BLS LLB - HISTORY OF COURTS - PART 2 - CHAPTER NO.

CHARTER ACT 1833 –

            The Charter Act 1833 introduced many reforms in the then existing legislative
machinery in India. It played vital role in the consolidation and codification of Indian
laws. Several factors were responsible for the enactment of this Act. The company
acquired many territories in India. It was very difficult for it to have control over
them with the existing constitutional setup of the company. A strong central
government was felt necessary for the effective administration.
            The Charter Act of 1833 was enacted by British Parliament for to remove the
defects. It was a great step in the process of centralization. The provisions were
made for the establishment of an all India legislature and a strong central
government, with an object consolidation and codify the Indian laws the provision
was made for the appointment of law commissions. To improve the quality of laws
enacted by the all India legislative the Act created the office of law members.

The main provisions of the Charter of 1833 –

1)    The company was allowed to continue the territorial possession for a period of
20 years.
2)    Monopoly of the East India Company to trade with India was brought to an end.
The Company was required to close its commercial business, but allowed its
administration and political power.
3)    The Act declared that the British Parliament had full and complete right and
power to control, supersede or prevent all proceedings and Acts of the Governor-
General-In-Council.
4)    It was provided that all laws and regulations made by the Governor-General-In-
Council should be transmitted to England to be laid before both House of Parliament.
Laws made by the Central Legislature could be disallowed by the Court of Directors.
5)    The power of the Governor-General-In-Council to legislate was enhanced. The
Act empowered the Governor-General-In-Council to make laws and regulations for
all persons and for all courts in British India. There was no need to register such laws
enacted by the Governor-General-In-Council with the Supreme Court. Thus for the
first time the Central Legislative system in India was created.
6)    The council members were fixed as three and a fourth member known as the law
members was added to this Council. This law member was not to be the Company’s
servant. He was to act as a member of the Council only for legislative purposes. Lord
Macaulay was the first law member of the Council.
7)    In order to bring about uniformity and certainty of laws prevailing in India, a
provision was made for the appointment of a Law Commission. Macaulay was the
Chairman of the first Law Commission which was appointed to prepare the bills and
codes required for India.
8)    The Act also provided that the natives irrespective of race or religion, place or
birth were to be eligible for public appointments. Provision was also made for their
education.
9)    All restrictions to European immigration into India were removed.
10)  The civil and military power were removed from the Company and its entire
control, superintendence were vested in the Governor-General-In-Council.
11) The Act also provided measures for the abolition of slavery throughout India.
12) Before passing the Charter Act 1833, the laws made were called ‘Regulations’.
Hereinafter the laws were made to be called as the Acts.