Friday, 15 January 2016

REGULATING ACT 1775


The Act was passed by the British parliament, sought to control and regulate the affairs of the British East India Company, both in England and India.
l  Why the Act was passed?
1.       The dual system of government in Bengal (Government jointly by the company and the Nawab of Bengal) called for remedial action.
2.       The ruling circles felt that the administrative set-up of the company in England was unsatisfactory. They feared that corrupt retired servants of the company would corrupt public life in England
3.       The company was on the brick of bankruptcy owing to the following factors
(A)  The Court of Proprietors had raised the dividend from 6% to 12% which drained the company’s resources.
(B)  The British Government required the company to pay it 400,000 pounds per annum from 1767 to 1772
(C)  The famine in Bengal and wars in south India left the company’s treasury empty
l  Major provisions
1.       The Act designed its chief as Governor- General of Bengal and a council of four members were appointed. The first Governor General (Warren Hestings) and Councilors (Philip Francis, Clavering, Monson, and Barwell) were named in the Act.
2.       The Government of Bombay and Madras Presidencies were subordinated to the Bengal Government in matters of making treaties or declaring war. Thus began a central Government in India.
3.       Establishment a Supreme Court at Calcutta (William Fort) consisting of a chief justice (Sir Elijah Impey) and three subordinate judges (Chambers, Lemaister and Hyde). The court was given both original and appellate jurisdiction. All the public servants, all British subjects in Bengal, European and Indian, were made amenable to its jurisdiction.
4.       The court of Directors, comprising 24 members, was to be elected for four years, with 1/4th members retiring every year. Council could be removed by the King on the recommendation of the Court of Directors.
5.       Salaries fixed as Governor General (25000 pounds), member of council (10000 pounds), Chief Justice of Supreme Court (8000 pounds), Other judge (6000 pounds)
6.       The company was required to submit copies of all correspondence received from India to the British Government.
7.       The company’s monopoly over the trade with East Indies was extended for 20 yrs.
8.       The company’s servants were prohibited from accepting bribes or doing private trade.      
l  Importance of the Act
1.       It marked the beginning of British Parliamentary intervention in India Affairs.
2.       The East India Company was recognized as a commercial-cum-political body
3.       The Act opened new channels for Britain’s Imperial ambitions in India.   
l  Defects in the Act
A number of defects in the Act led to many complications, some of the defects were;
1.       The Act was a half measure. It left many points doubtful
2.       A conflict in the Governor General’s council caused administrative deadlock between 1774 and 1776.
3.       The Supreme Court’s jurisdiction was obscure leaving unclear
(I)                The law coming under its purview
(II)             The Court’s jurisdiction and judicial officers of the company.
(III)           The Court’s relations with the Governor General’s council.
4.       The Bengal Government’s control over subordinate presidencies was in practice ineffective.
5.       The Act failed to improve the functioning of the company in England.
                                                                                                                                             

WARREN HESTINGS (1772-1785)


                                      

(A) Administrative Reforms
·   The Court of Directors ended the Dual system of Administration in Bengal Then Hesting dismissed the two Deputy Diwans
·   The Governor and the council formed the Board of Revenue and the company appointed its own officer called “Collector” to manage revenue affairs.
·   The Treasury was removed from Murshidabad to Calcutta
·   He appointed Munni Begum, the widow of Mir Jaffer as the guardian of minor Nawab Mubarak-ud-Daula of Bengal.
·   Allowance of the Nawab reduced from 32 lack to 16 lacks
·   The district of Allahabad and Kora were taken back from emperor and sold to the Nawab of Oudh for 15 lacks rupees.
·   He stopped the payment of 26 lacks of rupees annually paid to the Shah Alam.
                (B) Revenue Reforms
·   In 1772 made a 5yr settlement (The Quinquennial Settlement) of land revenue.
·   By the crude method of farming out estate to the highest bidder.
·   Indian Diwans replaced the private trade involved and corrupt collectors in the districts.
·   The drawback of the settlement was, the land had been over assessed and the state demand fixed very high. The result was that many revenue collectors fell in heavy arrears.
·   In 1776, Abolished the system of Quinquennial Settlement and reverted to the system of Annual settlement on the basis of open auction to the highest bidder. Changes made in it in 1781.
·   The provincial councils were abolished
·   The Collectors were reappointed in the districts but were to have no power in the settlement on the basis of open auction, for that Qanungos were appointed.
(C) Judicial Reforms
·   Built up the frame work of Justice after the Mughal Model (in 1772)
Calcutta Level
District Level
President and Council supervised Deputy Nizam assisted by Chief Kazi, Chief Mufti and  3 Maulavis
Sadr Fauzdari Adalat
Collector supervised Indian Officers of the Company assisted by Quazis and Mufties

Fauzdari Adalat
Governor, two Members of Supreme Council assisted byIndian Officers
Sadr Diwani Adalat
Collector

 Diwani Adalat

·   Diwani adalat could decide cases involving sums up to Rs 500
·   In Diwani cases Hindus, he Hindu law was applicable and in case of Muslims the Muslim laws
·   The Mohammadan law was followed in Fauzdari adalats.
·   Fauzdari adalat could not award death sentence or order confiscation of property without approval of Sadr Diwani Adalat.
·   The Regulating act 1773 provided for the setting up of Calcutta. Where English law was administered. Therefore the Justice of the Supreme court and other courts often clashed Chief Justice of Supreme court. Impey had to resign in November 1782
·   He attempted to codify Muslim and Hindu laws. A translation of the code in Sanskrit titled ‘Code of Gentoo Laws’ (1776). William Jones and Colebrooke published ‘Digest of Hindu Laws’(1791) attempt were also made to translate ’Fatwa-i-Alamgiri’ into english.
(D) Commercial Reforms
·   All custom houses suppressed and only 5 custom houses at Calcutta, Hugali, Murshidabad, Dacca and Patna were to be maintained.
·   Duties were lowered to 2.2%
·   Checked the misuse of Dastak or free pass signed
·   Checked the exploitation of weavers by the company’s agents.
·   Tried to develop trade relations with Bhutan and Tibet.
(E) The Regulating and Conflict with the Council
·   The Regulating act 1773 formed a council of Governor with Warren Hesting, Barwell, Clavering, Philip Francis and Manson
·   Hesting always remained in conflict with council as the state of Imbalance of Power created.
(F) Nandakumar case
·   Nandakumar, forcedly retired by Diwan of Bengal, probed that Hesting and Nawab wazir having accepted Rs. 3.5 lacks gratification from Munni Begum for appointing her as guardian for minor Nawab of Bengal, Mubarak-ud-Daula. Nandakumar requested to produce himself before the council.
·   Hesting refused to recognize the right of the council to sit in judgment on him.
·   Counter offensive against Nandkumar.- 19 April 1775 one Kamal-ud-Din brought charges ‘Nandakumar coerced him to sign a petition against Hasings and Barwell’
·   Mohandas, a pleader alleging that a certain jewels bond purporting to be signed by Balaki Das and to be an acknowledgment by him of a debt due to Nandakumar was a forgery.   
·   On 6th May 1775 Jury heade by Impey Hanged Nandakumar.
(G) External Relations and other
·   The First Anglo-Maratha War (1776-1782)
·   The Second Anglo-Mysore War (1780-1784)
·   Concluded treaty of Banaras (1773)with Nawab of Oudh.
·   The Rohilla War (1774) against Hafiz Rehamat Khan, Rohilla leader
·   The Affair of Chait Singh