The Government of India Act 1833 (3 & 4 Will. 4. c. 85), sometimes called the East India Company Act 1833 or the Charter Act 1833, was an Act of the Parliament of the United Kingdom, later retitled as the Saint Helena Act 1833. It extended the royal charter granted to the East India Company for an additional twenty years, and restructured the governance of British India.
| Act of Parliament | |
 | |
| Long title | An Act for effecting an engagement with the East India Company, and for the better Government of His Majesty's Indian Territories, till the Thirtieth Day of April One thousand eight hundred and fifty-four. |
|---|---|
| Citation | 3 & 4 Will. 4. c. 85 |
| Dates | |
| Royal assent | 28 August 1833 |
| Other legislation | |
| Amended by | |
Status: Partially repealed | |
| Revised text of statute as amended | |
Provisions
editThe act contained the following provisions:
- It ended the commercial activities of the British East India Company and made it a purely administrative body. In particular, the company lost its monopoly on trade with China and other parts of the Far East.
- While ending its commercial mandate, the act extended the East India Company's charter by 20 years. This meant that other provisions of the original Elizabethan charter, including the right to raise armies, wage war, and rule conquered territories, were perpetuated.
- It redesignated the Governor-General of Bengal as the Governor-General of India. For the first time, the government run by him was referred to as the 'Government of India.' His council as now known as the 'India Council'. Lord William Bentinck became the first Governor-General of India in the end of 1833.[1]
- The "Governor-General in Council" were given exclusive legislative powers, that is, the right to proclaim laws which would be enforced as the law of the land across the whole of British India.
- Thus, the act deprived the governors of Bombay and Madras of the legislative powers which they had enjoyed until then.
- The act 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.
- The act categorically stated that no native of India should be disabled from holding any place, office, or employment, by reason of his religion.
- Control of the island of Saint Helena was transferred from the East India Company to the Crown.[2]
With the exception of section 112, vesting Saint Helena in the monarchy, the act was repealed by the Government of India Act 1915.[3][4]
112 Saint Helena vested in the crown.
The island of St Helena, and all forts, factories, public edifices, and hereditaments whatsoever in the said island, and all stores and property thereon fit or used for the service of the government thereof, shall be vested in his Majesty, and the said island shall be governed by such orders as his Majesty in council shall from time to time issue in that behalf.
Name
editWhen short titles were authorised for British legislation by the Short Titles Act 1896, the act was titled as the Government of India Act 1833.[5] However, following the repeal of most of its provisions other than those dealing with Saint Helena, it was given a new short title by the Statute Law Revision Act 1948, as the Saint Helena Act 1833.[6] As the main provision of the act was to extend the East India Company's charter, it is sometimes referred to as the Charter Act 1833, although this is not an official short title.[7][8]
References
edit- ^ team, EduGeneral (2016-03-09). "Important Acts in India Before Independence". EduGeneral. Retrieved 2020-06-30.
- ^ "Saint Helena Act 1833, section 112". UK Statute Law Database. 26 May 2011. Retrieved 3 August 2014.
- ^ "Saint Helena Act 1833, sections 1–111". UK Statute Law Database. 26 May 2011. Retrieved 3 August 2014.
- ^ "Saint Helena Act 1833, sections 113–117". UK Statute Law Database. 26 May 2011. Retrieved 3 August 2014.
- ^ The citation of this act by this short title was authorised by section 1 of, and schedule 1 to, the Short Titles Act 1896. Due to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978.
- ^ The citation of this act by this short title was authorised by section 5 of, and Schedule 2 to, the Statute Law Revision Act 1948. Due to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978.
- ^ Lang, Eugen Maurice (2005) [1924]. Codification in the British Empire and America. Lawbook Exchange Ltd. p. 77, footnote 2. ISBN 1-58477-620-X.
- ^ (1926) 1 Madras Law Journal 5. Bijay Kisor Acharyya, Codification in British India, 1914, p 415.
External links
edit- The Saint Helena Act 1833, as amended, from the UK Statute Law Database.