The Charter Act 1853 – Background Provisions And Implications

Introduction to Charter Act 1853

The Charter Act 1853, also known as the East India Company Act 1853, was the last of Charter Acts. It was an Act of the British Parliament that aimed to further  reform and regulate the administration of British India. The Charter Act 1853 had one key difference as compared to other Charter Acts of 1793, 1813 and 1833 and that was in terms of tenure. All previous Charter Acts renewed the East India Company’s tenure for next 20 years but Charter Act 1853 had no such provision i.e. it was for an unspecified period. This paved the way for the ultimate takeover of East India Company’s administration by the Crown after the Revolt of 1857.  It was passed during the governorship of Lord Dalhousie. Changes were introduced with respect to Governor General’s office, Civil Services, Creation of new provinces and Board of Directors. 

Salient Features of Charter Act 1853

• For the first time the executive and legislative powers of the Governor General were separated.
• Based on the recommendations of the Macaulay committee in 1854, a Civil Service was to be created whose recruitment would be through a competitive exam. Thus the patronage of the court of Directors for appointing Civil Servants was removed.
• The Governor General’s executive council was provided with a 4th member (Law Member) who would have the right to vote.
• Governor General’s legislative council was expanded from 6 to 12 members.Thus the new council had:
  • 1 Chief Justice of the Supreme Court at Calcutta, 
  • 1 Governor-General, 1 Commander-in-Chief, 
  • 1 regular judge of the Supreme Court at Calcutta,
  •  4 members of the Governor-General’s Council and
  •  4 representative members drawn from among the company’s servants with at least 10 years tenure, appointed by the local governments of Bengal, Bombay, Madras and North Western Provinces.

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• After 1833 the British empire had expanded further in the north and north-west with the end of the Sikh Empire (the Mughals and the Marathas were already finished). Thus the Court Of Directors was empowered to create new provinces for an efficient management of the empire. In this regard Sindh and Punjab provinces were created.
• The act provided for appointment of Lt. Governors for the newly created provinces. In this regard in 1859 a Lt. Governor was appointed for Punjab.
• A post of Governor of Bengal was created. Before this the Governor General of India was also the Governor of Bengal.
• 3 new provinces were created by this act namely – Assam, Burma and Central Provinces.
• British parliamentary practices were to be followed for the Governor General’s executive councils i.e. the members of the legislative council could discuss matters and ask questions on policies of the executive council.
• The Governor General could veto a bill passed by the executive council.
• The strength of the Board of Directors was reduced from 24 to 18. In this 6 members were to be appointed by the Crown.
• For the first time representatives from local governments of Bombay, Madras, Bengal and North West frontier provinces were added to the Governor General’s Legislative Council.
• The Charter Act 1853 also provided for fixed salaries of the members of the Board of Control. This salary was to be paid by the company. 

Drawbacks Of Charter Act 1853

The Charter Act of 1853, also known as the India Act 1853, was a significant piece of legislation during British rule in India. While it introduced some changes, it also had several drawbacks:

1. Limited Legislative Council Reforms: The Act expanded the powers of the Governor-General’s Executive Council by allowing for the appointment of legislative members. However, these legislative members were still a minority, and the majority of council members were non-official Europeans. This meant that real decision-making power remained in the hands of British officials, and there was limited Indian representation in legislative matters.
2. Lack of Indian Representation: The Act did not provide for meaningful representation of Indians in the legislative process. Although it allowed for the nomination of a few non-official Indian members to the Legislative Councils, they were typically wealthy landowners or nobility and did not represent the broader interests of the Indian population.
3. Continued British Control: The Act maintained the overall control of the British Crown and the East India Company over India. It did not move towards a more representative or democratic form of governance that would have given Indians a greater say in their own affairs.
4. Neglect of Social and Economic Reforms: The Act did not prioritize social or economic reforms for the benefit of the Indian population. It continued to allow the British government and the East India Company to extract revenue from India. This often resulted in economic exploitation and hardship for the Indian people.

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1. Limited Focus on Education: While the Act allocated some funds for education in India, it did not have a comprehensive and far-reaching plan for the promotion of education and literacy among the Indian population. Education remained largely limited to the elite, and there was inadequate investment in primary education.
2. Preservation of the Administrative System: The Act upheld the existing administrative system, which was characterized by the recruitment of British officials who often had little understanding of Indian languages, customs, and traditions. This continued to create a disconnect between the rulers and the ruled.
3. Disregard for Cultural Diversity: The Act did not make any significant effort to understand or respect the diverse cultures, languages, and traditions of India. It often imposed Western norms and values on Indian society, leading to cultural clashes and misunderstandings.
4. Limited Economic Benefits for India: The Act did not prioritize economic development in India. Instead, it aimed to secure British economic interests. This included promoting the export of raw materials from India to Britain, which hindered the growth of Indian industries.

Conclusion

The Charter Act of 1853 was a significant step in the process of the British government’s control over India. It also marked the beginning of an end of the East India Company’s rule in India. The act set the foundation of the modern Parliamentary system in India. For the first time Governor General’s legislative and executive powers were separated. The creation of new provinces and appointment of Lt. Governors to them streamlined the revenue collection process (Read Permanent Settlement, Mahalwari System and Ryotwari System). The rule of the East India Company ended after the Revolt of 1857. The Government of India Act 1858 transferred the Indian administration under the Crown.

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See Also

Pitt’s India Act 1784

The Regulating Act 1773

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