Period After 1726 Charter Act

Regulating Act of 1773

1. 1st parliamentary Act to regulate the Company’s affairs
2. Lord North on 18th May – Regulating bill
3. Main objectives –
a) Reform constitution of the Company
b) Reform Company’s government in India
c) Remedies against illegalities and oppressions committed by the servants
of the Company
 Silent Features of the Regulating Act of 1773
1. Permitted Company to retain its Indian possessions – management
under definite – Crown and Parliament
2. Constitution of Court of Directors - Elections for directors –
constitution of the Company- 4yrs- 1/4th of them were to retire-
re-elections
3. Civil and military correspondence before Secretary of State and
correspondence relating to revenue before Treasury in England
4. Governor General and 4 Councillors – Presidency of Fort William
in Bengal – Governor General of Bengal – Act stated the names
– Warren Hastings- 5 years- King could remove them
5. Governor General in Council – all powers to govern –
administer revenues of Bengal, Bihar and Orissa
6. Section 13 of Regulating Act – to establish a supreme court of
judicature at Fort William in Calcutta – defective state of judiciary
7. Chief Justice and three other judges (being barrister of not less
than 5yrs- to be appointed by Masjesty)
8. Had full power and authority to exercise all civil and criminal
cases
9. Jurisdiction – all British subjects residing in Bengal, Bihar &
Orissa- all complaints regarding crimes, oppressions etc & servants
of the company.
10. Could not exercise criminal jurisdiction over the Governor
General and any of his councillors
11. Section 38- Governor General, members of the council & judges
of Supreme Court – justice of peace – quarter sessions
12. Act- Crown to issue charter – appeals from judgement of
Supreme court to King-in-Council
 Legislative powers under the Act
• Governor General & Council – make & issue rules, Ordinances &
Regulations- civil government – Fort William and other factories
& Places
a) Just & reasonable to laws of England
b) Validity of laws – registered with Supreme court
c) Open publications- 20days – rules & ordinance
d) After registration- appeal in King-in-council- 60days after
publication- power to set aside and repeal – defective
e) 60days registration- Supreme court at Calcutta- Secretary of
State in England
f) No private trade – no presents in any forms
g) Punish – crime committed during service in India
• Were imposed to –
a) Safeguard British people’s interest
b) Safeguard imperial policy in India
c) To check actions of Governor General in Council in making rules,
ordinances and regulations

Defects of the Act of 1773-

• Conflict- 3 presidencies
• Governor General and 4 members – one out of the 4 and Governor
General only acquainted with India- political influence- conflict
between Governor General and members of his council
• Judiciary and executive – conflict
• Jurisdiction of Supreme court- British Subjects & not on Natives
• Failed to law down provision dealing- Company’s court and Supreme
court
 Landmark cases
Trial of Raja Nand Kumar
• 1st – Supreme court and Council
• English principles of Law & procedure into India
• Governor of Hugli under Siraj-ud-Daula & Black Colonel under
Clive in 1757
• Bribery & corruption against Warren Hastings 1775- Council

Francis, a member of the Council

• 1,04,105 Rupees for appointing Gurudas as Diwan
• 2,50,000 Rupees from Munni Begam for appointing her as
guardian of infant Nawab Mubarak ud Daula
• Mohan Pershad filed – forgery in Supreme Court
• Tried by the Court with the help of jury – guilty- death- 1728
British Parliamentary Act – executed
• Macaulay, Mill etc – Chief Justice Impey – judicial murder
• Impeachment of Warren Hastings & Impey
• Defence witnesses cross examined by Judges
• Court- Rejection to appeal to Privy Council
• Court - Power to suspend and to recommend mercy
• Hindus nor Islamic laws – death penalty – miscarriage of justice
under obscure laws
• Clashes between Supreme court and Nizamat –
a) Case of Radha Charan
• Supreme court vs Diwani Adalats –
a) Case of Saroopchand
b) Patna Case
c) Cossijurah case