Constitutional history, Lecture notes of Consumer Law

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Constitutional History of India

Dr. Kumar Sambhav Pareek

Associate Professor

Department of Political Science,

Amity Institute of Social Sciences (AISS),

Amity University, Gwalior

Weightage (%)

Module I

10%

• Regulating Act of 1773, Pitt’s India Act of 1784
• The Charter Act of 1833 and 1853
• The Government of India Act 1858 Module I

25%

• Indian Council Act 1861
• Indian Council Act 1909 Module III

25%

• The Government of India act 1919, effects of the Act, various aspects of Diarchy System, member qualification, power, and defects of the Act
• The Government of India act 1935, Central Legislature, Constituent Assembly

Module IV

• Cripps Mission, Wavell Plan and Cabinet Mission
• The India Independence Act 1947
• The Constituent Assembly of India

25%

Module V

• Constitutional development in Jammu and Kashmir 15%
• Significance of A 370
• Revocation of A 370 and after
• Response of J&K people to the removal of A 370

• It had also the authority to maintain a comparatively limited armed naval force for its security and also to make laws and inflict punishments for the good government of the Company and its servants.
• All the first trading posts and settlements of the Company were along the coast of India. The very first of these was at Surat (1613 ) which was established as a result of Royal Firman from the Mughal Emperor Jehangi r.
• This was soon followed by Masulipatam (1616) and later by Hariharpur in the Mahanadi delta (1633), Fort St. George, Madras (1640), Bombay (1669), and Calcutta (1686).
• Unlike their European rivals, the Portuguese and the Dutch, the English followed a strictly commercial policy and avoided every possibility of coming in collision with native powers.
• In the year, 1686, Emperor Aurangzeb ordered the wholesale expulsion of the English from all their factories. The Company’s position was, however, saved by timely display of strong naval strength.
• A treaty with the Emperor in 1690 restored to the Company its old privileges. A new factory was built in Calcutta (1686) which was to become the foundation, a century later, of the capital of the British Empire in India.

• While the Company was expanding its commercial activities in the East, but developments at home made its position weak.
• The Financial Revolution for economic reform of 1694 brought the Company face to face with Parliament which resolved in the same year that “all subjects of England have equal rights to trade to the East Indies unless prohibited by Act of Parliament”. Thus, it begins the influence and control of Parliament over the affairs of the East India Company.
• In the meantime, a new rival company was formed to trade with the East and arose as a result an unhealthy competition between the old and the new.
• Although the new company had a lot of political backing, it could not beat their more experienced rivals in the field of trade and commerce and suffered heavy losses.
• It was soon realised by both that competition in itself was neither a virtue nor conducive to their aims and objects.
• As a result, in 1708, the rival companies were amalgamated under the new title “The United Company of Merchants of England Trading to the East Indies.” Thus, the Company’s monopoly in trade was re-established.
• Aurangzeb was a powerful unifying emperor but after his death consequently India became a chaotic battleground of rival, contesting principalities.

• Soon after the victory of Arcot wars, he was appointed to lead the Company’s forces in Bengal and stem the tide of Siraj-ud-Dawla’s (Nawab of Bengal) march on the Company’s possessions.
• Clive used treachery, cunning and bribery inflicted a blow on the Nawab in the Battle of Plassey in 1757. The victory of Plassey may be appropriately termed as laying firmly the foundation of the British Empire in India.
• But Clive was not in a hurry to proclaim that the English were the ultimate masters in India. Instead he recognised the sovereignty of the Mughals.
• Emperor at Delhi and requested him in 1765 to grant in favour of the Company the Dewani of Bengal, Bihar and Orissa.
• But the underlying motive of the Company was fairly clear. The English were fast establishing themselves as the most important territorial power of the sub-continent.
• The transformation of the Company from a commercial concern into a territorial power had important consequences.
• It disclosed the inherent incapacity of a trading body to assume the responsibility for the administration of a vast country.

• The Company’s possessions in India by now were grouped under three Presidencies, Bengal, Bombay and Madras.
• Each Presidency was independent of each other and was directly responsible only to the Court of Directors in England.
• The Government of each Presidency was headed by a President, also called Governor and Council whose membership varied between twelve and sixteen.
• The Administrative authority was vested in the Governor and Council as a whole and, as such, decisions were taken by a majority of votes in the Council.
• The Governor and Council had great powers, both civil and criminal, for the maintenance of discipline among the Company’s servants and of peace and order within their jurisdiction.
• Robert Clive left India in 1767 and was succeeded by Warren Hastings.
• Between 1767 and 1772, the year of the beginning of direct Parliamentary control, Hastings as Governor of Bengal tried reforming the Company’s administration in Bengal.

• The Company itself was in difficulties. The territories added to the administration was a tremendous burden. Costly wars became inevitable and these undermined its financial stability The Company was in a position to lend money to the Government of England.
• But by 1770, the position was reversed and the Company was on the verge of bankruptcy.
• To save the situation, Lord North was approached by the Company in 1772 with a request for a loan.
• Seizing the opportunity, Lord North moved for the appointment by Parliament of a Committee to enquire into the affairs of the Company.
• The report of the Committee paved the way for the passing of the Regulating Act.
• The British Parliament passed the Regulating Act, 1773, the first major measure calculated to remove the evils inherent in the constitution of the Company in England and to improve the its administration in India through Parliamentary control.

• The Regulating Act was passed in the British Parliament in June 1773. It was the first parliamentary ratification and authorization defining the powers and authority of the East India Company with respect to its Indian possessions. Reasons for passing the Act were:
• The East India Company was in severe financial crisis and had asked a loan of 1 million pounds from the British government in 1772.
• Allegations of corruption and nepotism were rampant against company officials.
• There was a terrible famine in Bengal where a huge population died.
• The Dual form of administration instituted by Robert Clive was complex and drawing a lot of complaints. According to this system, the company had Diwani rights in Bengal and the Nawab had Nizamat rights (judicial and policing rights) as secured from the Mughal Emperor. In reality, both powers were vested with the company.
• The farmers and the general population suffered as their improvement was neglected and the company was only concerned with maximising revenue. Lawlessness increased in Bengal.

• A Supreme Court was established at Calcutta with Sir Elijah Impey as the first Chief Justice. Judges were to come from England. It had civil and criminal jurisdiction over the British subjects and not Indian natives.

Defects of Regulating Act 1773

• The major drawbacks of The Regulating Act of 1773 are stated below:
• The Governor-General had no veto power.
• It did not address the concerns of the Indian population who were paying revenue to the company.
• It did not stop corruption among the company officials.
• The Supreme Court’s powers were not well-defined.
• The parliamentary control that was sought in the activities of the company proved to be ineffective as there was no mechanism to study the reports sent by the Governor-General in Council.

The Amending Act of 1781 :

• Also known as the Settlement Act of 1781 was passed by British Parliament on 5th July 1781 to remove the defects of Regulating Act 1773. It is also known as Declaratory Act , 1781.
• The key provision of this act was to demarcate the relations between the Supreme Court and the Governor General in Council.
• One of the biggest problems created by the Regulating Act was the tussle between the Supreme Court and the Governor General in Council. This was done by curtailing several powers of the Supreme Court in favour of the Governor General in Council. These were as follows:
• Under the Regulating Act 1773, the servants of the company came within the jurisdiction of the Supreme Court, and this brought them under dual control of Governor General in Council and Supreme Court. The 1781 amendment exempted the actions of the public servants in the company in their official capacity.
• Revenue collectors including Zamindars and judicial officers of the company courts were also exempted from Jurisdiction of the SC.
• The court’s geographic jurisdiction became limited to only Calcutta.

Pitt ' s India Act 1784:

• The Pitt’s India Act, 1784 also called the East India Company Act, 1784 was passed by the British Parliament to correct the defects of the Regulating Act of 1773. This act resulted in dual control of British possessions in India by the British government and the Company with the final authority resting with the government. The act is named after William Pitt the Younger, Britain’s Prime Minister when the act was passed.

Provisions of the Acts

• For political matters, the Board of Control was created and for commercial affairs, the Court of Directors was appointed.
• The Board of Control took care of civil and military affairs. It comprised of 6 people:
• Secretary of State (Board President)
• Chancellor of the Exchequer
• Four Privy Councillors
• In this dual system of control, the company was represented by the Court of Directors and the British government by the Board of Control.

• The act mandated that all civil and military officers disclose their property in India and Britain within two months of their joining.
• The Governor-General’s council’s strength was reduced to three members. One of the three would be the Commander-in-Chief of the British Crown’s army in India.
• The Governor-General was given the right of veto.
• The Presidencies of Madras and Bombay became subordinate to the Bengal Presidency. In effect, Calcutta became the capital of the British possessions in India.

Features of the Act:

• This act made a distinction between the commercial and political activities of the East India Company.
• For the first time, the term ‘ British possessions in India ’ was used.
• This act gave the British government direct control over Indian administration.

The Act of 1786

• In 1786, Lord Cornwallis was appointed as Governor-General and commander in chief in India. He is known for major institutional reforms and reorganized the British army and administration.
• He had a demand that powers of the Governor-General be enlarged to empower him, in special cases, to override the majority of his Council and act on his own special responsibility.
• The Act of 1786 was enacted to give him the power of working as Both Governor General & Commander in Chief.
• Thus via act of 1786, Cornwallis became the first effective ruler of British India under the authority of Board of Control and the Court of Directors.
• On 12 September 1786, He took charge as the Governor-General of Fort William (Bengal) and as the Commander-in-Chief of British India.
• Lord Cornwallis was believed to have laid the foundation of British rule throughout India and various reforms into the court, revenue and services prevailed till the end of the British era in India.

Lord Cornwallis:

• He was a British army officer, administrator and diplomat who had previously served his country during the War of American Independence.
• In 1786, he accepted the offer to take up the post of Governor-General of Bengal on a condition that he be given the supreme military command as well. He arrived at Calcutta on 12 September and took charge.
• Under his guidance, the Cornwallis Code was developed which contained provisions for governing the civil, policing and judiciary administration in British India.
• He founded a Sanskrit College at Benaras for Hindus and this is today the Government Sanskrit College in Benares. He also established a mint at Calcutta.

Major Reforms Introduced by Lord Cornwallis:

• Cornwallis introduced the Permanent Settlement of land revenue in Bengal and other parts of India.
• Under this system, Zamindars or landlords were made the owners of the land, and the farmers were reduced to the status of tenants. The Zamindars had the right to evict the farmers any time.