Indian Legal History- Charter of 1833

Introduction

Brits started their Indian journey from 1600 after Crown issue charter regarding establishment of East India Company.

Around 1800 AD, Company won lot of territories and started ruling it. Company's rule was subject to British Crown and parliament. British Crown would typically issue a charter which would grant a power to Governor General and his council to make rules, laws and regulation.

Brits established major three presidency town i.e Calcutta, Madras and Bombay. Each of this had one Governor and supreme governor used to stay in Calcutta.  Each of Governor and Council were empowered to make laws for their own presidencies. (Madras/Bombay Presidency Governor got these power around 1807,1813). Laws made by these different authorities was conflicting sometime and inconsistent in nature.

Also by 1830, Company started controlling and ruling large territories. New law making authority need felt by Company as well as British parliaments.

There were around 5 sources of laws in India which created confusion, chaos. These are
  1. Charter Issued by British Crown
  2. Act passed by British Crown
  3. Orders of Governor General
  4. Orders and rules of Supreme court
  5. Regulations by Governor and his council

To do away with these multitude of authorities and to stop the confusion, to make law making authority for entire Indian territories controlled by Company, Charter of 1833 was passed which provided for creation of All India Legislature.

Below are certain features of this charter.

 All India Legislature

Charter provided for establishment of All India Legislature, which would be omni competent to make laws for entire territories controlled and ruled by Company.

Composition 

It was to be composed of Governor General and four other members.
One of the member was Law member, 3 other were executive councilors. These executive councilors were appointed by Court of Directors, who had completed 10 years of service for the company.

One important aspect was appointment of Law member. Below are certain aspect about Law member

  • He was appointed by Court of director.
  • He had not been in Company's service
  • His function was to assist Governor General and his council in making law.
  • His presence was essential in meetings of Council.
  • He could sit and vote in meetings only related to making laws. In other meetings like Policy, he was of not allowed to vote.

Jurisdiction, Power and Function of this All India Legislature

Below are certain matters about which this body could make a law
  • Any territory controlled by company, or princely state over which company have control
  • Any persons whether British, foreigners, natives or others
  • It could make law for any lower courts whether established by crowns or otherwise.
  • Laws made by them were called "Acts of Government of India"
However, Company was not allowed to make any laws which would be inconsistent with the law passed by British Parliament or crown for India.

Earlier Laws made by Governor General and Council was to be registered with Supreme Court. After this charter there was no such requirement.

Law commission and Section 53

 

One of the most prominent feature of this charter was section 53, and the constitution of body which would be subsequently led person in picture i.e Lord Macaulay!

Section 53 of the Charter of 1833 provided for the codification and consolidation of the Indian Law. It had provisions for the appointment of Law Commission in India. Governor General and His council was empowered to appoint Law Commission.

Few Functions
  • Inquiry into jurisdiction, powers and the rules of existing Courts of Justice and Police establishment.
  • Prepare a report about their inquiry. 
  • Provide common codified law as far as possible to the whole of India.

ok, one function "Provide common codified law" as far as possible was function assigned in 1830s to law commission. Today we call it as "Uniform Civil Code" i.e law common to all people. Is this really possible ? And desirable ? please post your views in comment.

Here is what Lord Macaulay said about this-
We do not mean that all the people of India should live under the same law, far from it we know how desirable that object is but we also know that it is unattainable. Our principle is simply this-Uniformity where you can have it, Diversity where you must have it but in all cases certainty

All right! Other Provision of this Charter

One not so good provision is centralization of power. Governor General with 3 of his member was to decide law for entire India. Seriously ? 550 people today debate for laws in Delhi.

Governor and His council was to be responsible for all civil/military matters, peace efforts etc. Governor and his council was to make budgets for India. In a sense they were granted too much power which is never a good thing.Governor of Bombay and Madras were deprived of legislative powers.

It ended the activities of the British East India Company as a commercial body and it became a purely administrative body. In particular, the Company lost its monopoly on trade with China and other parts of the Far Eas

It attempted to introduce a system of open competitions for the selection of civil servants. However this provision was negated after opposition from the Court of Directors who continued to hold the privilege of appointing Company officials.


Conclusion.

So what do you think about this act ? Was it good step ? Can 4 person seating in Calcutta could make objective law for entire India ?  Why it was called ALL INDIA LEGISLATURE when it didn't have single Indian ? What really the Britishers wanted to achieve by this act ?

 We think, codification process which was started was good thing. Overt and extreme centralization was bad thing. Nevertheless, it was good step forward to introduce sound legal system. You may disagree.

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