This article is written by Kuwar Digvijay Singh, a student of 2nd year of B.A.LLB. studying at Lovely Professional University, Paghwara. In this article, The Charter Acy, 1853 is depicted, along with preventing and reducing it and many other related incidents.
The Charter Act of 1853 was passed in the British parliament to renew the East India Company’s charter. It was renewed for an unspecified period of time, Unlike the previous charter acts of 1793, 1813 and 1833 which renewed the charter for 20 years. This Act was passed when Lord Dalhousie was the Governor-General of India. It marks the beginning of the parliamentary system in India. The Act was originally based on the Select Committee report of 1852, which recommended the inclusion of provincial representation in the Indian British government. This act made a significant contribution to constitutional development.
Table of Contents
Objectives
The Charter Act of 1853 renewed the powers of the Company and allowed it to retain territories and revenues of Indian territories in trust for the crown. However, this Charter Act did not grant commercial privileges for the specific period of time as the preceding Charter Acts had provided.
Key provisions
- For the first time, the Governor-legislative General’s Council and executive functions were separated. It provided for the addition of six new members to the council, known as legislative councillors. The council’s legislative branch acted as a mini-Parliament, following the same procedures as the British Parliament.
- The charter act of 1853 increased the number of the legislative councils The new legislative council consisted of 12 members.
- Governor General [1]
- Governor General Council [4]
- Commander in Chief [1}
- Four representatives from providences
- Chief Justice of Supreme Court [1]
- Regular Judge from Supreme Court to be named by Governor General [1]
Governor General presided over all the meetings.
- The number of the members of the court of directors was reduced from 24 to 18 out of which 6 were to be nominated by the Crown.
- The Court of directors was disposed of their power of patronage, and the high posts of civil servants were made subjects to the competitive The civil services were made available for the Indians also.
- Provision was made for the appointment of a separate Governor for the Presidency of Bengal.
- The law member in executive council of Governor General was given the rank of full-fledged member in the council with power to Council’s membership was enlarged by the inclusion of six members.
Significance
- The Charter Act of 1853 indicated clearly that the rule of the Company was not going to last for a long
- One of the key features is the clear distinction between Legislative and Executive council which marks the beginning of the Parliamentary system in
- The Governor-General was relieved of the administrative duties of Bengal and instead worked for the Government of India.
- Charter act of 1853 provides for the creation and functioning of The Legislative Council which is considered as an important constitutional measure.
Conclusion
The Charter Act of 1853 was the last charter act passed for the East India Company. The act did not grant commercial privileges for a specific period of time as the preceding Charter Acts had provided. The Charter Act of 1853 marks the beginning of the Parliamentary system in India. The Governor-General was relieved of administrative duties of Bengal and instead worked for the Government of India. This process was hastened by the happenings of 1857, or the so-called ‘Mutiny’.