British Parliament and the Regulating Act of 1773
The British parliament sought to control the East India Company through the Regulating Act of 1773 to address corruption, improve governance, and reform the judicial system in India. The Act extended director terms, brought the presidency towns under Calcutta, and aimed for parliamentary oversight. Explore the historical significance of this act and its impact on British rule in India.
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Legal History B.A. LL.B. 2NDSem By Dr. Rajnish Kumar Srivastava Asst. Professor Dept. of Law DDU Gorakhpur University, Gorakhpur
The Regulating Act of 1773 The British parliament had the opportunity in 1773 to control the company. The Indian circumstances were such that the company had improve its position and was sovereign in this field, but did not want that the British parliament to control it. So for too long the company indirectly ruled over India . The British parliament had no control over the company for a long time and the result was that there was considerable corruption in the company and in the company administration.
The salary of the company 's employee was not a big salary but due to corruption, they owned a substantial amount of money, and the company' s servants were called as Nawab in England and the judicial system was also unfairly good. That is why the British parliament was trying to control the company, which was possible through the regulating act of 1773.
The British parliament through the regulating act of 1773 sought the following objectives: I - to remove the evils in the management and functioning of the company, 2- parliamentary control over the political and financial activities of the company, 3- to remove the evils of the judicial system of the company.
The provisions of the Regulating Act The provisions of the regulating act made a significant change in the formation of the company. that the offices of directors were extended from 1 year to 4 years to maintain the continuity of directors in the affairs of the company.
As per the prevailing system of law, the three presidency towns were hitherto independent of one another, but after this act a significant difference brought about in the system of governance the presidency of madras and Bombay were brought under the presidency of Calcutta in time of war and peace. Subordinate presidency was required to send notices to the governor - general regularly with regard to relationship of government, revenue and company.
The regulating act thus took the first most important step in regard to the administrative centers. In the reconstitution government of Kolkata, a council played an important role in the regulating act. A governor - general and a council of 4 members was appointed and vested all the powers of the Calcutta presidency. of the
Decisions of the council are taken by a majority vote. The governor - general was empowered to vote only one vote but in case of equal division it increased the value of vote, he was decisive. The governor - general did not have the power to reject the majority of the council.
The Establishment of the Supreme Court at Kolkata The Regulating Act was the new experiment by the British Government to set up the Supreme Court in Kolkata. The justice system of 1753 was abolished by the new court. This Act setting up a more effective and powerful judicial system. The Regulating Act empowered the emperor to set up a Supreme Court in Kolkata by a gazette.
In the constitution of the Supreme Court, a chief justice and three other judges were to be appointed by the king of England. In this court a person who had been barrister in England for at least five years could have been appointed as a judge. Supreme Court was made as a court of record. This court was vested with extensive jurisdiction relating to civil, religious, criminal, maritime, and equitable. This right was conferred on the court by a charter of 1774, known as the 'Charter Of Justice'.
The Supreme Court was not entitled to hear any case against the Governor - General or the member of the council. Only on account of sedition or a serious offence could the Supreme Court be tried against them. Under an order from the Supreme Court, the Governor - General or council members or Supreme Court judges could not be arrested. The Supreme Court decision could be appealed to the Privy Council.
Control of Supreme Court over the Power of Legislation The regulating act of 1773 empowered the Governor - General to make an act, law, and rule, but the whole of it must be in conformity with the British law. The Acts and Laws made by the Governor - General could not have been effective unless they had been registered in the Supreme Court. 20 days before registration these laws were required to be published. If a person wanted to register his protest against these laws, he could file a protest in the Supreme Court within 60 days of its registration.
These laws were also sent to the Secretary of State in England. It was also published there and, if one wanted to appeal against it, he would appeal to the Privy Council within 60 days of its publication. The Privy Council was also given the right to reject the laws passed by the Governor - General within two years from the date of passing it, if that law was contrary to the law of England. Before 1773 the executive had full control over the judiciary, but the Regulating Act changed this position and established its control over the executive.
