The Charter Act of
1833
Defects of the System
• Faulty Drafting
• Lack of Uniformity
• Parallel Legislation
• Uncertainty
Causes that led to the passage of Charter Act 1833
Industrial
Revolution
Whigs
Party
came to
power in
1830
Influx of
wealth
through
Lassiez
Export Faire
Trade
Aim
Centralization of the Legislative Activity
Basic principles
Restriction on European settlement and enterprises
Removing the disjointed system of governing India
Legislative machinery was to be re-modelled
Provisions
The Act gave another lease of life to the Company
for 20 years to administer the Indian territories.
Centralized the administration in India
The Governor General of Bengal, according to the
act was declared as the Governor General of India.
Governor General -in-Council was alone empowered to
make laws in India.
The enactments were no more called Regulations but
they were called Acts.
The powers of the subordinate governments of
Madras and Bombay were limited
The Government of Madras and Bombay could make or
suspend the laws “in case of urgent necessity”
subject to the final approval of the Governor General.
The charter act of 1833 is considered to be an attempt to codify
all the Indian Laws.
The British Parliament as a supreme body, retained the right to
legislate for the British territories in India and repeal the acts.
Further, this act provided that all laws made in India were to be
laid before the British parliament and were to be known as Acts.
In a step towards codifying the laws, the Governor-General-in-
Council was directed under the Charter act of 1833, to set up
an Indian law Commission.
Significance of Charter Act 1833: Analysis
Firstly, the elevation of Governor General of Bengal as Governor General
of India was a major step towards consolidation and centralization of the
administration of India.
Secondly, end of East India Company as a commercial body effectively
made it the trustee of the crown in the field of administration.
Thirdly, this act for the first time made provision to freely admit Indians
into administration in the country. Indians could enter into the civil
service but the process was still very difficult.
Fourthly, this act for the first time separated the legislative functions
of the Governor General in Council from the executive functions. Also,
the law commission under Lord Macaulay codified the laws.