Charter Act of 1853

Charter Act of 1853

Charter Act of 1853

Charter Act of 1853 was the last Charter Act passed for the East India Company. The Charter Act of the Company was renewed again after the expiry of Charter Act 1833. The Charter was renewed again but no substantial changes were made.

Provisions of charter Act of 1853.

1. According to the new Act, the Law Member was made a full member of Executive Council of the Governor-General. Governor-General was given power to nominate a vice-president of his Council. Different legislative measures were entrusted to select committees for examination. Consent of Governor-General was made necessary for all legislative proposals.

2. Provinces were allowed to send one representative each to the Central Legislative Council. No measure concerning any province was to be considered unless the representative from that province was present. The Chief Justice of the Supreme Court of Calcutta was to be an ex-officio member of the Council and one more member was also to be appointed. The Governor-General was given the power of appointing two more civil servants as members of the Council. However, the power was never exercised.

3. Provision was made for the appointment of a separate Governor for the Presidency of Bengal and until that was made, the Court of Directors might authorize the Governor-General of India in Council to appoint a covenanted servant of ten years standing as the Lieutenant-Governor of the province. The latter appointment was made as it was the cheaper of the two.

4. Power was given to the Court of Directors to constitute a new Presidency. Power was also given to alter and regulate from time to time the limits of the various provinces. This power was used to create the Punjab into a Lieutenant-Governorship.

5. The patronage of the Court of Directors was taken away. In future, vacancies were to be filled up by competitive examination. A committee was appointed in 1854 with Lord Macauley as President for that purpose.

6. The number of the Directors was reduced to 18 and 6 were to be nominated by the Crown.

7. The Act authorized the Crown to appoint a Law Commission in England. This Law commission was required to examine and put into shape the mass of reports and drafts of the Act left by the Indian Law commission and to recommend what legislation was necessary. The appointment of the English law Commission was resented. It made the Home government interfere in the details of the Indian legislative enactments and attempted to reduce the Indian Legislative council to the position of a mere registration office. Sir Charles Wood qarrelled with Lord Dalhousie on the question of the extent of the independence to be allowed to the council.

8. The Charter Act of 1853 renewed the powers of the Company and allowed it to retain position of the Indian territories “In trust for Her Majesty, her heirs and successors” until Parliament shall otherwise provide.

Criticism of Charter Act of 1853

Observers point out that the Act of 1853 marks the beginning of a Parliamentary system in India. The great defect of the Act of 1853 was that no Indian element was associated with the Legislative Council. Its knowledge of the local conditions outside Bengal was not adequate for making laws for other provinces.

Milan Tomic

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