1757 - 1858 - Changes in the Indian polity

1765

• EIC obtained the DIWANI rights over revenue and civil justice of Bengal, Bihar, Orissa

Company rule (1773 - 1858)

Regulating Act 1773

Factors leading to the act:

Administrative chaos in Bengal

• Company refusing to take up any responsibility
• The main interest being to loot and plunder
• High land revenue and abuses of private trade
• [!] Robert clive himself returned to England at the age of 34, with wealth and property in India yielding 40,000 pounds a year.
• Robert Clive established Dual Government (1762 - 1772)
  • Company = Diwan
  • Nawab = Nazim
  • The Deputy Subahdar, appointed by the company, functioning in the interest of the company
  • Mughal maintained only a fictional sovereignty
• Complete break down of administration

First intervention of British Parliament

• in 1767, the Parliament took the form of a demand for a share of Bengal's plunder to the tune of 400,000 pounds per annum
• ["] Siyar - ul - Mutakherin, a contemporary muslim text, "the new rulers paid no attention to the concerns of the people and suffered them to be mercilessly oppressed and tormented by officers of their own appointing"

Spread of Socio - political corruption in Britain

• Company raised to a level of buying seats in the House of Commons.

Jealousy among Englishmen in Britain

• The newly rising free enterprises aspired for a share in the profits from the Indian trade
• wished to end the monopoly of the EIC
• The company officials were given the title of "Nabobs", meaning "corrupt form of Nawab" , back in England.

Financial crisis in the EIC

• By 1770 , due to continuous war and expansionist policy, led to brinks of bankruptcy
• [!] The debt was 6 million pounds and the company was incapable of paying salary
• The servants amassed a huge wealth as their salary was long pending
• In 1772, the company approached Lord North, Prime Minister of Great Britain from 1700 - 1782.
• He appointed a select committee to look into the affairs of the company
• The committee submitted its report and he brought a bill based on the findings of the report on 18th May 1773, came to be known as Regulating Act, 1773.

Provisions in the act

• first significant step was the parliamentary regulation of Indian administrations and company's activities in England and India.
• laid the foundations of central administration in India

Changes made in England

• 2 institutions in England were looking after the company

1. Court of proprietors (CoP)
2. Court of Directors (CoD)
   • Company's executive in England
   • comprised of 24 directors
   • elected by a body of share holders called CoP
   • filled with nepotism

• The Act raised the qualification for both CoP and CoD to 1000 pounds and 2000 pounds from 500 pounds and 100 pounds respectively.
• that is, any share holders with the said amount can vote and elect the members.
• Act provided for a direct parliamentary control over CoD for the first time
• CoD were required to lay before the Treasury, all revenues and before a Secretary of State everything dealing with civil and military administration.

In India

• New executive for Bengal presidency
• comprising Governor General (GG) of Bengal and 4 councilors (Governor - General - in - Council)
• This council was vested with civil and military powers of Bengal, Bihar, Orissa.
• Decision of the council was binding upon the governor.
• The members were sent from England and were not the servants of company.
• GG had a casting vote in case of equality of votes.
• The council had a term of 5 years.
• 3 members formed a quorum.
• ["] The first GG was Warren Hastings and his councillors included
  1. Philip Francis (staunch opponent of Hastings) ,
  2. Clavering,
  3. Monson and
  4. Barwell (supporter of Hastings).
• Provided for liberal salaries and prohibited immoral activities such as private trade, receiving or giving bribes and money lending, etc.
• No supreme authority was brought to India.
• Bengal presidency was made supreme with exclusive powers to deal with war and peace and other presidencies were made sub ordinate to it.
• Governor of Bengal became the Governor General of all other presidencies.
• This marked the foundation for central administration in India.

In Judiciary

• Provided for a Supreme Court of Justice at Calcutta, which was established in next year, 1774.
• The jurisdiction included civil, criminal, admiralty and ecclesiastical matters.
• Consisted of Chief Justice and 3 puisne judges.
• Sir Elijah Imphey, was the first Chief Justice.
• All public servants were made amenable to its jurisdiction.
• Appeals against the court's decision could be made to the King in Council in England.

Weakness in the act

• No clear control of one over another
  • Neither the state was given a definite control over the company
  • Nor the directors over the servants
  • Nor the GG over his council
  • Nor Bengal presidency over other presidencies.
• The working of the GG council proved most inefficient
• No power to override by the GG
• Did not define the supreme court and company courts as well as other courts in Bengal.
• Conflict between the court and GG council, couldn't be resolved.
• The Supreme court administering the English law, also claimed jurisdiction over the entire native population, which proved quite unpopular with them .

Significance of the act

• Increased the parliament control over the company
• Fixed the administrative centre at Calcutta.
• Good effort to secure a corruption free administration.
• recognised the political and administrative functions of the EIC for the first time
• But, overall, the act was a disaster.
• ["] The company was also provided a loan of 1,400,000 pounds at 4% interest via a separate act

Amending Act or Act of Settlement, 1781

Changes made in Supreme court jurisdictions

• Exempted the Governor General and his executive council
• Exempted the servants of the company for their official actions
• Excluded revenue matters
• Jurisdictions included all inhabitants
• Administered using local laws like Hindu law and Mohammedan law

Extra powers for Governor General in council

• Appeals from provincial courts taken to Governor General in Council and not to Supreme court
• Governor general in council frame regulations for provincial courts and council.

Pitt's India Act, 1784

Background

• Prime Minister William Pitt (1783 - 1801) introduced the India Bill in 1784
• Aim was to remove the weaknesses of the regulating act, 1773
• To bring the company's administration under the supreme control of the British parliament.
• There was a precedent to the bill, brought by Fox - North coalition. But the bill was defeated and the ministry had to resign. This was the first and last time, the British ministry was wrecked on an Indian issue.

Provision

Court of Directors

• Pitt also not wanted to antagonise the Court of Directors, so
  • Allowed them to manage the commercial affairs of the company
  • Allowed to retain the power of appointment and dismissal of the company's servants
  • The right of the company on their territorial possession was not touched

Board of Control

• The political affairs of the company was now managed by a newly appointed Board of 6 Commissioners, known as the Board of Control.
  • The board included
    • **Chancellor of the Exchequer,
    • Secretary of State and
    • 4 privy councillors.**
  • The power of the board was veiled
  • The board's approval was necessary for all dispatches that were not pure commercial.
• The civil and military government of the company was in due subordination to the Government in England.

Dual Government

• Thus the concept of Double or Dual Government came into existence.
  • ["] The Company to rule and the Board to control

Changes made to previous act

• The members in the GG council was reduced to 3.
• The power of the council was extended to include all matter of
  • war,
  • diplomatic relations and
  • revenue
• The GG and Council were made subordinate to the British government
• Forbidden to declare war without prior sanction of the directors.
• Introduced the principle of non intervention in the affairs of Indian princely states.

Significance

• New phase of rule started in India
• EIC became an instrument of British Imperialism
  • Like Google in the hands of Deep State, being an arm in the neo colonialism.
• The possession of the company was first time recognised as the British Possession in India

Act of 1786

• Introduced by Pitt to make Cornwallis as the Governor - Generalship of India.
• Cornwallis wanted to assume the power of both GG and the Commander - in - Chief
• This act conceded his demand
• The GG was allowed to override the majority of the council in matters of war and peace.
  • This power was further extended to all future GG and Governors in 1793.

Charter Act 1793, 1813, 1833, 1853

Crown Rule (1858 - 1947)

Government of India act or Act for the Good Government of India Act, 1858

• EIC abolished
• Governor General of India reassigned as Viceroy of India
  • First viceroy of India = Lord Canning
  • Viceroy will be direct representative of the crown
• Board of Control and Court of Directors abolished
  • This ended the double government in India , which was introduced under the Pitts Act, 1784
• Secretary of State was created
  • he will be the member of the British parliament
• 15 member council = India council - to assist the Secretary of State

Indian Councils Act - 1861, 1892, 1909

Government of India act - 1919 , 1935

Simon Commission, November 1927

• This was appointed in the lines of GoI act, 1919
• was appointed 2 years before the deadline, as it was the election year in Britain
• 7 members commission - all white members
• Chairman - Sir John Simon
• report was submitted in 1930

Recommendations

• abolition of dyarchy
• responsible government in provinces
• establish the Federation of British India and Princely states
• continue the communal electorate scheme
• 3 Round Table conference to discuss the report
• Government published the White Paper on the Constitutional reform
• Joint Select Committee formed , which suggested the GoI act, 1935

Communal Award, August, 1932

• Ramsay Mc Donald (Prime minister)
• Separate electorate extended to depressed classes (Scheduled classes)
• Gandhi opposed it
  • declared fast unto death in yeravada prison in poona
  • Agreement between Ambedhkar and Gandhi
  • Poona pact
  • retained Hindu joint electorate and provided for reserved seats to depressed classes

Interim government, 1946

• all were members of viceroy's executive council
• Viceroy is the head of the council
• Jawaharlal Nehru is the vice president of the council

Members of the government

1. Jawaharlal Nehru
2. Sardar Vallabhbhai Patel
3. Rajendra Prasad
4. John Mathai
5. Jagjivan Ram
6. Sardar Baldev Singh
7. Cooverji Hormaji Bhabha
8. Liaquat Ali Khan
9. Abdur Rab Nishtar
10. Asaf Ali
11. C. Rajaji
12. I. I. Chandriyar
13. Ghaznafar Ali Khan
14. Joginder Nath Mandal

Indian Independence Act, 1947

• 20 February 1947, Clement Atlee (prime minister) declared the British rule in India will end by June 30, 1948.
• 3 June, 1947 - Mount Batten Plan
  • Partition of India
  • accepted by congress and muslim league
• India will be a independent and sovereign state from August 15, 1947
• Right to secede from British commonwealth
• abolished the office of Viceroy
• provided governor general for both dominion separately
• the governor general was appointed by the King on the advice of the dominion cabinet
• abolished the Secretary of State and transferred his powers and functions to Secretary of State for Commonwealth Affairs

15 August, 1947

• Lord Mount Batten - 1st governor general of new dominion of India
• Jawaharlal Nehru - 1st PM of Independent India
• Constituent assembly formed in 1946 and became the parliament of Indian dominion

First cabinet of free India, 1947

Newly added members other than interim government

1. Maulana Abul Kalam Azad
2. RK Shanmugam chetty
3. BR Ambedhkar
4. Raj Kumari Amrit Kaur
5. Rafi Ahmed Kidwai
6. SP Mukherjee
7. VN Gadgil

Members from the interim government

1. Jawaharlal Nehru
2. Sardar Vallabhbhai Patel
3. John Mithai
4. Sardar Baldev Singh
5. Jagjivan Ram
6. Cooverji Hormaji Bhabha
7. Rajendra Prasad