Among the Charter Acts passed by the British Parliament, the most important were the Charter Act of 1813 and the Charter Act of 1833. The Charter Act of 1833 was an important event in India’s history of its government. Charter Act 1833, also known as the Government of India Act 1833 or East India Company Act 1833. Later, this Charter Act was renamed as the “Saint Helena Act 1833.” In British India, the act was the last step toward centralization.
Objectives of Charter Act 1833
The main objective of the Charter Act 1833 was to end the rule of the East India Company and bring Indian administration directly under British government control. Another primary goal of the British government was to establish a centralized administrative system in India and to enact uniform laws throughout British India.
Trupti Desai commented about this Charter Act 1833, “After this charter act, the company lost all the commercial privileges, now it was left only with administrative duties, which it retained till 1857.”
You can also read about the Charter Act 1793: Key Objectives and Features.
Features of the Charter Act 1833
- The Governor General of Bengal was transformed into the Governor General of India. India’s first governor general was Lord William Bentinck.
- This charter act gave the East India Company the right to rule India again for 20 years, and their occupied territories were brought under direct control of the British government.
- The company’s monopoly in the tea trade with China was abolished through this act.
- EIC lost all its commercial rights and was transformed into a purely administrative body.
- For the first time, this act established an Indian administration that ruled over the whole territory that the British owned in India.
- It took away the legislative authority of the governors of Bombay and Madras. The governor general was granted exclusive legislative authority for all of British India.
- The laws created under this act were referred to as acts, whereas the laws created under the earlier acts were referred to as regulations.
- The Governor General’s administrative department was separated from the legislative department.
- The President of the Board of Control was now appointed to the position of the Minister for Indian Affairs. At the same time, the board was given the authority to regulate every aspect of administration in India.
- The Governor General of Bengal was appointed to the position of Governor General of India, with the authority to manage, supervise, and guide all civil and military affairs of the company after consulting with his council.
- A law member named Lord Macaulay was added as a law member to the council, and a law commission was established to regulate legislation.
- For the first time, this act took the initiative to remove discrimination against Indians. Native Indians were allowed to use the company’s services in India. Still, there was no clause allowing them to be nominated for the covenanted services.
- The company’s financial responsibilities and all debts were to be paid from the revenue collected from Indians, and the company’s commercial rights were abolished.
- The President of the Board of Control was given responsibility for maintaining British-occupied territories in India in the interest of the British monarchy. Two commissioners would assist him in this work.
- In Section 87 of 1833, initiatives were taken to eliminate discrimination against Indians. It was stated that any Indian would be appointed to government positions solely based on merit, regardless of caste, religion, or color. The purpose of this section was to nullify the rights of any particular ruling community in India.
You can also read about the Charter Act 1853: Background, Features and Impact.
Limitations of Charter Act 1833
The Charter Act 1833 had four fundamental flaws, which later fueled Indians’ participation in anti-British movements. These flaws were:
- This Act made no provision for appointing Indians as members of the Governor-General’s Council. This Council was the highest policy-making and legislative body. Without any Indian representation there, Indians had no way to express their opinions or seek remedies in the governance of India.
- This Act gave Europeans the right to buy land and settle in India. As a result, a class of English farmers entered India and established tea and indigo plantations and zamindari estates, leading to excessive exploitation of Indian farmers and common people.
- Although this Act abolished the Company’s commercial rights, it did not benefit Indians. In reality, due to the Industrial Revolution in England, various merchant companies were eager to sell their surplus goods produced in English factories in India. This Act opened up India’s market for them. As a result, British goods flooded the Indian market, and everything from Indian cottage industries to indigenous trade was destroyed. Due to this, poverty in India increased.
- Section 87 of this Act, which spoke about eliminating discrimination against Indians in government appointments, remained only on paper and was never implemented in reality. Indians were almost always denied high government positions. The Act of excluding Indians from high and responsible positions in the Company, which had been adopted since Lord Cornwallis’s time, continued unabated. For this reason, historian Keith stated that “the grand and liberal spirit of Section 87 had no practical value.”
Importance of Charter Act 1833
The Charter Act of 1833 had several important aspects, which were:
- With this Charter Act abolishing the Company’s commercial rights, the Company was compelled to focus entirely on India’s administration. Praising this Act, Marshman said, “The separation now effected of the functions of the state for all commercial speculations serve to give a more elevated tone to the views and policy of the Court of Directors and to impart a more efficient character to the administration.”
- The decision of the Charter Act 1833 to centralize legislative power in the hands of the Governor-General and his Council was a prudent step. This paved the way for implementing uniform laws and judicial systems throughout India. In 1833, at least five different types of laws were prevalent in India. These laws were inconsistent and contradictory. A punishment that existed in Bengal for a particular crime, didn’t exist in Madras. This Act took steps to remove these legal inconsistencies.
- When the Law Commission was appointed under Lord Thomas Babington Macaulay, it compiled and edited the contradictory laws to remove inconsistencies. Through this commission’s efforts, a famous law called the ‘Indian Penal Code‘ was introduced on Oct 6, 1860, which still forms the basis of India’s criminal justice system. In addition, this commission also administers the Diwani law code.
- This Charter Act separated the administrative functions of the Governor General’s Council from its legislative functions.
- The powers of the Governor-General and his Council were increased, bringing Madras and Bombay under their strict control, establishing a strong and centralized administration.
- This Act showed the influence of contemporary British liberalism and Bentham’s Utilitarianism, which resulted in the adoption of Section 87’s policy of appointing Indians to various Company positions regardless of caste, religion, or color.
You can also read about The Regulating Act 1773: Purpose and Impact of this Act.
Conclusion
Many historians have described the Charter Act of 1833 as an essential step taken by the British government. According to Marshman, “This act was an effective step towards increasing the company’s administrative efficiency.” This Charter Act brought a surge of British capital to India, facilitated the establishment of a strong central administration in India by increasing the Governor General’s powers, and implemented uniform laws throughout the country. However, if we evaluate this Charter Act as a whole, it can be seen that the British government’s objectives were not successfully achieved to that extent.
