Constitutional Development 1773-1858: Regulating Act to the Act of 1858
Modern History › Administrative and Judicial Developments Under British Rule · Topic 26.10
Between 1773 and 1858 a series of Acts gradually brought the East India Company under the control of the British Parliament: the Regulating Act of 1773, Pitt's India Act of 1784, the Charter Acts of 1793, 1813, 1833 and 1853, and finally the Act for Better Government of India of 1858, which transferred rule to the Crown. They served imperial aims but also, unintentionally, introduced elements of the modern state into India's administration.
8 min read · UPSC Prelims · History · Administrative and Judicial Developments Under British Rule
At a Glance
- 1773 Regulating Act: Governor-General and council of four; Supreme Court
- 1784 Pitt’s India Act: Board of Control
- 1793 to 1853 Charter Acts renewing the Company’s rights with new provisions
- 1858 Rule transferred to the Crown
- Exam link UPSC Prelims, Modern History: Administrative and Judicial Developments Under British Rule
Where Does It Fit?
This is the tenth topic of the category on administrative and judicial developments under British rule, added to cover the chapter’s account of constitutional development. The previous topic covered local bodies. This topic covers the Acts from 1773 to 1858. The next topic covers the Acts from 1861 to 1935. Previous topic: Local Bodies Under British Rule.
What Was the Background?
After the Battle of Buxar in 1764 the Company got the Diwani, the right to collect revenue, of Bengal, Bihar and Orissa, with an annual subsidy to the Mughal Emperor Shah Alam II and a pension to the Nawab of Awadh. The Company appointed two Indians as deputy diwans, Mohammad Reza Khan for Bengal and Raja Shitab Rai for Bihar. In 1767 the British government first intervened, demanding a 10 per cent share of the plunder, about 4 million pounds a year.
From 1765 to 1772 the dual system, in which the Company had authority without responsibility and its Indian representatives had responsibility without authority, lasted seven years. It brought rampant corruption among servants who used private trade to enrich themselves, excessive revenue collection and oppression of the peasantry, and the Company’s bankruptcy while its servants flourished. The British government therefore decided to regulate the Company, and there began a gradual increase in controlling laws.
What Did the Regulating Act of 1773 and Pitt’s India Act of 1784 Provide?
| Act | Provisions |
|---|---|
| Regulating Act, 1773 | Recognised the Company’s political and administrative role and introduced centralised administration; directors had to submit all revenue, civil and military correspondence to the government, giving the cabinet control for the first time; a Governor-General and a council of four in Bengal governed by majority, with Warren Hastings and four others named; a Supreme Court at Calcutta with original and appellate jurisdiction, though its jurisdiction against the council was debatable; the Governor-General had some powers over Bombay and Madras, a vague provision; based on checks and balances |
| Amendment, 1781 | Defined the Supreme Court’s jurisdiction, administering the defendant’s personal law within Calcutta; government servants immune for acts in duty; social and religious usages to be honoured |
| Pitt’s India Act, 1784 | Gave the British government large control, making the Company a subordinate department of the state and its territories British possessions; a Board of Control, of the Chancellor of the Exchequer, a Secretary of State and four Privy Councillors, approved all dispatches, creating a dual system of control; the Governor-General had a council of three including the Commander-in-Chief; Bombay and Madras became subordinate; aggressive wars and treaties were prohibited, though often breached |
| Act of 1786 | Cornwallis was given the powers of both Governor-General and Commander-in-Chief, and could override the council if he owned the responsibility, later extended to all Governors-General |
The judicial effects are in Judicial Reforms Under Warren Hastings.
What Did the Charter Acts of 1793 and 1813 Provide?
| Act | Provisions |
|---|---|
| Charter Act, 1793 | Renewed the Company’s commercial privileges for 20 years; after expenses and dividends, the Company to pay 5 lakh pounds a year to the British government; royal approval needed for the Governor-General, governors and Commander-in-Chief; senior officials barred from leaving India without permission; licences for private and country trade, which opened the way to opium shipments to China; revenue separated from judicial functions, so the Maal Adalats disappeared; Home Government members paid from Indian revenues, which continued until 1919 |
| Charter Act, 1813 | Ended the Company’s monopoly over trade in India, though it kept China and tea; 10.5 per cent dividend; Company to hold territory and revenue for 20 years without prejudice to the Crown’s sovereignty, defining the constitutional position of British territories for the first time; Board of Control’s powers enlarged; one lakh rupees a year for the revival and promotion of literature, learning and science, a statement of the state’s responsibility for education; regulations of the three presidencies to be laid before Parliament; separate accounts for commerce and territory; missionaries permitted to come and preach |
The education provision is in Education Under Company Rule: Charter Act of 1813 to Macaulay’s Minute.
What Did the Charter Acts of 1833 and 1853 Provide?
| Act | Provisions |
|---|---|
| Charter Act, 1833 | Extended the Company’s lease; territories to be governed in the name of the Crown; ended its monopoly on China trade and tea; lifted restrictions on European immigration and acquisition of property, paving the way for European colonisation; centralised finance, legislation and administration: the Governor-General had power to superintend and control all affairs, Bengal, Madras, Bombay and all other territories were under his complete control, all revenues raised and spent under his authority, and Madras and Bombay lost legislative powers; a law member was added to his council; laws to be codified; no Indian to be denied employment under the Company on grounds of religion, colour, birth or descent, a declaration that became a sheet-anchor of political agitation though not followed in practice; steps to improve the condition of slaves, with slavery abolished in 1843 |
| Charter Act, 1853 | The Company to retain territories unless Parliament provided otherwise; Court of Directors reduced to 18; Company patronage ended and services thrown open to competitive examination; the law member became a full member of the executive council; six additional members for legislative purposes, with local representation, forming the Indian Legislative Council, though bills needed the Governor-General’s assent and he could veto them |
The civil services effect is in Evolution of the Civil Services: Cornwallis to the Charter Act of 1853.
What Did the Act of 1858 Do?
The 1857 revolt exposed the Company’s limitations in administering a complex situation, and till then there had been little accountability. The Act for Better Government of India, 1858 provided that India was to be governed by and in the name of the Crown through a Secretary of State and a council of fifteen, with the initiative and final decision with the Secretary of State and the council advisory. This ended the dual system introduced by Pitt’s India Act. The Governor-General became the Viceroy, and his prestige, if not his authority, rose. The assumption of power by the Crown was one of form rather than substance, a decent burial of the Company’s administration, which was already dead. The details of the new structure are in Major Administrative Changes After 1857: Central and Provincial Government.
As an analytical point, the Acts show a steady shift of control from the Company to Parliament and from the provinces to the Governor-General, with each renewal of the charter reducing the Company’s commercial role and enlarging its governing one, so that by 1858 the transfer to the Crown only confirmed what had already happened. The Acts after 1858 are in Constitutional Development 1861-1935: Councils Acts to the Government of India Act.
Why Is This Topic Important?
- Provisions of each Act A major Prelims topic with many facts
- Trend of centralisation A recurring Mains point
- Charter Act of 1833 The no-discrimination clause was a basis of later demands
What Came Next?
The next topic covers constitutional development from 1861 to 1935. Next topic: Constitutional Development 1861-1935: Councils Acts to the Government of India Act.
Key People and Terms
- Regulating Act of 1773 The first Parliamentary Act to regulate the Company
- Pitt’s India Act of 1784 The Act creating the Board of Control
- Board of Control Body supervising the Company from 1784
- Charter Act An Act renewing the Company’s charter
- Law member Member added in 1833 for law-making advice
- Act of 1858 The Act transferring rule to the Crown
Exam Corner
Points to Remember
- 1773: Governor-General, council of four, Supreme Court.
- 1784: Board of Control; dual control.
- 1813: Company’s trade monopoly ended; one lakh rupees for education.
- 1833: centralisation; law member; no discrimination in employment.
- 1853: competition for services; 1858: Crown rule.
Do Not Confuse With
- Regulating Act and Pitt’s India Act 1773 regulated the Company; 1784 created the Board of Control
- Charter Acts of 1813 and 1833 1813 ended the India trade monopoly; 1833 ended the China and tea monopoly
- Act of 1853 and Act of 1858 1853 competition and legislative council; 1858 Crown rule
Memory Hook
Regulated in 1773, controlled in 1784, chartered four times, then handed to the Crown in 1858.
Mains Angle
Questions ask about the provisions and trend of the Acts. These points add depth.
- Control From the Company to Parliament
- Centralisation Governor-General’s powers
- Reform Education, competition and codification
A Question You May Face
An original practice question, not a past paper question.
“Trace the constitutional development under Company rule from 1773 to 1858.”
How to Answer
- Background Diwani and dual system.
- Early Acts 1773 and 1784.
- Charter Acts 1793 to 1853.
- Conclude 1858 and the transfer to the Crown.
GS Relevance
Frequently Asked Questions
What did the Regulating Act of 1773 provide?
It brought the Company under British government control by requiring revenue, civil and military correspondence to be submitted, setting up a Governor-General and council of four in Bengal, creating a Supreme Court at Calcutta, and giving the Governor-General some powers over Bombay and Madras.
What was Pitt's India Act of 1784?
It gave the British government large control over the Company, which became a subordinate department of the state. A Board of Control approved all dispatches, creating a dual system of control, and the Governor-General had a council of three, with Bombay and Madras subordinate.
What did the Charter Act of 1813 do?
It ended the Company's monopoly over trade in India while keeping China and tea, explicitly defined British territories as under the Crown's sovereignty, set aside one lakh rupees a year for education and learning, and allowed Christian missionaries to come to India.
What were the main provisions of the Charter Act of 1833?
It governed the territories in the name of the Crown, ended the China and tea monopoly, lifted limits on European immigration, centralised legislation and finance in the Governor-General, added a law member, and declared that no Indian should be denied employment on grounds of religion, colour or birth.
What did the Act of 1858 do?
The Act for Better Government of India, 1858 transferred rule from the Company to the Crown through a Secretary of State and an advisory council of fifteen, ended the dual system of Pitt's India Act, and made the Governor-General the Viceroy.
PYQ Practice — Statement Analysis
1 The Regulating Act of 1773 established a Supreme Court at Calcutta.
It also created a council of four.
2 Pitt's India Act of 1784 created a Board of Control.
It made the Company a subordinate department of the state.
3 The Charter Act of 1813 ended the Company's trade monopoly with China.
That was ended in 1833; 1813 ended the India trade monopoly.
4 The Charter Act of 1833 declared that no Indian should be denied employment because of religion or colour.
It was not followed in practice.
5 The Act of 1858 transferred power to the Crown.
The Governor-General became the Viceroy.
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