The Company Rule in India (1773-1858)
- 05 Oct 2021
- 11 min read
Introduction
- Beginning of Rule: The British East India Company was established as a trading company in 1600 and transformed into a ruling body in 1765.
- Interference in Internal Affairs: After the Battle of Buxar (1764), the East India Company got the Diwani (right to collect revenue) of Bengal, Bihar and Orissa and gradually, it started interfering in Indian affairs.
- Exploitation of Power: The period from 1765-72 saw duality in the system of government where the Company had the authority but no responsibility and its Indian representatives had all the responsibility but no authority. This resulted in:
- Rampant corruption among servants of the Company.
- Excessive revenue collection and oppression of peasantry.
- The Company’s bankruptcy, while the servants were flourishing.
- Response of British Government: To bring some order into the business, the British government decided to regulate the Company with a gradual increase in laws.
Acts Introduced by British Government
- Regulating Act, 1773:
- Company Retains Possessions: This act permitted the company to retain its territorial possessions in India but sought to regulate the activities and functioning of the company.
- Control over Indian Affairs: Through this act, for the first time, the British cabinet was given the right to exercise control over Indian affairs.
- Introduction of Governor-General: It changed the post of Governor of Bengal to “Governor-General of Bengal”.
- The administration in Bengal was to be carried out by the governor-general and a council consisting of 4 members.
- Warren Hastings was made the first Governor-General of Bengal.
- The Governor of Bombay and Madras now worked under the Governor-General of Bengal.
- Establishment of Supreme Court: A Supreme Court of judicature was to be established in Bengal (Calcutta) along with appellate jurisdictions where all subjects could seek redressal.
- It comprised one chief justice and three other judges.
- In 1781, the Act was amended and the Governor-General, the Council and the servants of the government were exempted from the jurisdiction if they did anything while discharging their duties.
- Pitt’s India Act, 1784:
- Dual Control System: It established the dual system of control by the British government and the East India Company.
- The Company became a subordinate department of the State and its territories in India were termed ‘British possessions’.
- However, it retained the control of commerce and day-to-day administration.
- Court of Directors and Board of Control Established:
- A Board of Control was formed to exercise control over the Company’s civil, military and revenue affairs. It consisted of:
- The chancellor of exchequer
- A secretary of state
- Four members of the Privy Council (appointed by the Crown)
- The important political matters were reserved to a secret committee of three directors (Court of Directors) in direct touch with the British government.
- A Board of Control was formed to exercise control over the Company’s civil, military and revenue affairs. It consisted of:
- Governor-General and Commander-in-Chief: The council of governor-general was reduced to three members including the commander-in-chief.
- In 1786, Lord Cornwallis was granted the power of both the governor-general and the commander-in-chief.
- He was allowed to override the council’s decision if he owned the responsibility for the decision.
- Dual Control System: It established the dual system of control by the British government and the East India Company.
- Charter Act, 1793:
- Extension of Powers to Governor-General: It extended the overriding power given to Lord Cornwallis over his council, to all future Governor-Generals and Governors of Presidencies.
- Appointments of Senior Officials: The royal approval was mandated for the appointment of the governor-general, governors, and the commander-in-chief.
- Senior officials of the Company were debarred from leaving India without permission—doing so was treated as resignation.
- Payments of Officials: It laid down that the members of the Board of Control and their staff were to be paid out of the Indian revenues (it continued up till 1919).
- The Company was also asked to pay 5 lakh pounds annually to the British government (after paying its necessary expenses).
- Charter Act, 1813:
- Demand of English Traders: The English traders demanded a share in the Indian trade.
- This demand was particularly in view of loss of trade due to the Continental System of Napoleon Bonaparte who sought to cripple England commercially.
- End of Company’s Monopoly: By this, the Company was deprived of its commercial monopoly and ‘the undoubted sovereignty of the Crown’ over the possessions of the East India Company was laid down.
- However, the company was allowed to enjoy the monopoly of trade with China and trade in tea.
- Assistance to Learned Natives: A sum of Rs.1,00,000 annually was provided for the revival of literature, encouragement of learned Indian natives and promotion of scientific knowledge among the Indians.
- This was the first step towards acceptance of the principle of State responsibility for education.
- Demand of English Traders: The English traders demanded a share in the Indian trade.
- Charter Act, 1833:
- Company’s Trade Situation: The lease of 20 years provided to the Company (under Charter Act, 1813) for the possession of territories and the revenue collection was further extended.
- However, the Company’s monopoly over trade with China and in tea ended.
- European Immigration: All restrictions on European immigration and the acquisition of property in India were lifted which paved the way for the wholesale European colonisation of India.
- Introduction of Governor-General of India: The post name of Governor-General of Bengal was converted into “Governor-General of India”.
- He was given the power to superintend, control and direct all civil and military affairs of the Company.
- All revenues were raised under his authority and he had complete control over the expenditure too.
- William Bentinck became the first Governor-General of India.
- He was given the power to superintend, control and direct all civil and military affairs of the Company.
- Law Commission: It was established under this act for the consolidation and codification of Indian Laws.
- It added a fourth ordinary Member to the Governor-General’s Council for India who was to be a legal expert in the making of laws.
- Lord Macaulay was the first to be appointed as the fourth ordinary Member.
- Company’s Trade Situation: The lease of 20 years provided to the Company (under Charter Act, 1813) for the possession of territories and the revenue collection was further extended.
- Charter Act, 1853:
- Company’s Trade Situation: The Company was to continue possession of territories unless the Parliament provided otherwise.
- The Company’s patronage over the services was dissolved; the services were now thrown open to a competitive examination.
- Fourth Ordinary Member: The law member became the full member of the governor-general’s executive council.
- Indian Legislative Council: Local representation was introduced in the Indian legislature. This legislative wing came to be known as the Indian Legislative Council.
- However, promulgation of a law required the assent of the governor-general who could veto any Bill of the legislative council.
- Company’s Trade Situation: The Company was to continue possession of territories unless the Parliament provided otherwise.
- Government of India Act, 1858:
- Outcomes of 1857 Revolt: The Revolt of 1857 had exposed the Company’s limitations in administering under a complex situation.
- The revolt offered the opportunity as the demand for divesting the Company of its authority over the Company’s territory.
- End of Company Rule: The dual system introduced by the Pitt’s India Act came to an end now India was to be governed by and in the name of the Crown through a secretary of state and a council of 15.
- The council was just advisory in nature.
- Introduction of Viceroy: The title of Governor-general of India was replaced with the Viceroy which increased the prestige of the title holder if not his authority.
- The Viceroy was appointed directly by the British government.
- The first Viceroy of India was Lord Canning.
- Outcomes of 1857 Revolt: The Revolt of 1857 had exposed the Company’s limitations in administering under a complex situation.
Reforms under the Governors-General during the Company Rule
- Lord Cornwallis (governor-general, 1786-93): He was the first to bring into existence and organise the civil services.
- He abolished the District Fauzdari Courts and established circuit courts at Calcutta, Dacca, Murshidabad and Patna.
- Cornwallis Code: Under this code:
- There was a separation of revenue and justice administration.
- European subjects were also brought under jurisdiction.
- Government officials were answerable to the civil courts for actions done in their official capacity.
- The principle of sovereignty of law was established.
- William Bentinck (governor-general 1828-1833): He abolished the four Circuit Courts and transferred their functions to the Collectors.
- Established a Sadar Diwani Adalat and a Sadar Nizamat Adalat at Allahabad for the convenience of the people of Upper Provinces.
- The English language replaced Persian as the official language of courts.
- Also, the suitor was now provided the option to use Persian or a vernacular language in courts.
- A Civil Procedure Code (1859), an Indian Penal Code (1860) and a Criminal Procedure Code (1861) were prepared as a result of the codification of laws.