Chapter 5 - union and its territories

  Chapter 5 - Union and its territories  Article 1 to 4 under part 1 Deals with Union and its territory Article 1 describes India that is Bharat as a union of States rather than a Federation of states. Union of States has been preferred to Federation of states- Two reasons - Indian Federation is not the result of an agreement among the states. States have no right to secede from the Federation. Article 1 territory of India can be classified into three categories- Territory of the states union territories A territory that may be acquired by the government of India at any time. Names of state and union territories and their territorial extent mentioned in the first schedule. Presently 28 States and nine union territories Territory of India is a wider expression then Union of India because Territory of India also includes Union territories and territories that may be acquired by government of India at any future time. Being Sovereign India can acquire foreign ...

Historical background part 1- The company rule(1773-1858)



Certain events in British rule laid down the legal framework for the organization and functioning of government Administration in British India. 

Two major headings-
The company rule (1773 to 1858)
The crown rule (1858 to 1947) 

The company rule 

Regulating Act of 1773 
First Step by British government to control and regulate East India Company. 
Recognized political and administrative function 
Foundation of central Administration in India 

Features 

1)Designated governor of Bengal as governor general of Bengal 
Created an executive Council of four members to assist him. 
(First Lord Warren hasting)

2)Governor of Bombay and Madras presidency is made subordinate. 

3)Establishment of supreme court at Calcutta 1774 (One chief justice and three other judges) 

4)Prohibited Servants of company from private trade or accepting bribes 

5)Strengthened the control of British government by requiring court of directors to report its Revenue civil and Military Affairs in India. 

Amending Act of 1781 

To rectify the defects of Act of 1773 
Also known as Act of settlement 

Features 
1)Exempted governor-general and it's council and the company servants from the jurisdiction of supreme court for the ACT done by them in their official capacity. 

2)Excluded Revenue matters from SC jurisdiction 

3)Supreme Court jurisdiction over all inhabitants of Calcutta 
Required court to administer the personal law of defendant 

4)Appeal from Provincial Court could be taken to the governor general in Council and not to Supreme Court. 

5)Empower governor-general in council to frame regulation for the Provincial Court and councils 

Pitts India Act of 1784 

William Pitt was the Prime Minister. 

Features 
1)Distinguish between commercial and political functions of company 
Court of directors -commercial Affairs 
new body- board of control- to manage political affairs(double govt)

2)Empowered Board of control to supervise and direct all operations 
Of British possession in India 

Act of 1786 

Lord Cornwallis appointed as governor general of Bengal placed two demands 

1)He should be given power to override decision of Council in special cases. 

2)He would also be the commander-in-chief. 

Charter Act of 1793 

Features Extended overriding power To Future governor-general's And governors of presidencies 

More power to Governor General 

Extended trade Monopoly of company for a period of 20 years. 

Provided commander-in-chief not to be a member of governor-general's Council unless he was so appointed. 

Members of board of control and the staff to be paid out of Indian revenues 

Charter Act of 1813 

Abolished trade Monopoly 

Continued monopoly of company over trading tea and trade with China.

Asserted sovereignty of British crown over companies territories in India. 

Allowed Christian missionaries to India 

Spread of Western education 

Authorized local government to impose taxes and punish on non-payment of taxes 

Charter Act of 1833 

Features 

Made governor general of Bengal as governor-general of India 
complete authority over entire territorial area. (First' Lord William bentinck )

Deprived governor of Bengal and Madras of their legislative power 

Laws now to be called as Acts(previously regulations)

Ended activity of East India Company as a commercial body. 
Became purely administrative body. 

Attempted to introduce a system of open competition for selection of civil servants. 
Opposed from court of directors 

Charter Act of 1853 

Features 

Separated legislative and executive function of governor-general's council. 

Addition of six new members called legislative councillors- Indian legislative Council 

Introduced open competition system of selection and recruitment of civil servants. 
(Macaulay committee was appointed in 1854). 

Extended companies rule 

First time local representation in Indian legislative Council. 
Of six new legislative members four were appointed by local governments of Madras Bombay Bengal and Agra. 




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