First Election of Independent India: 1952

The Regulating Act of 1773

The Regulating Act of 1773 was the first major step taken by the British Parliament to regulate the affairs of the East India Company and establish a system of British control over Indian Administration. It marked the beginning of centralized British governance in India and laid the foundation for future constitutional developments under British rule.

Background and Need for the Act:

By the mid-18th century, the East India Company had transformed from a trading body into a territorial power after acquiring Bengal, Bihar, and Orissa through the Battle of Plassey (1757) and Battle of Buxar (1764).
However, corruption, mismanagement, and exploitation of resources by Company officials led to widespread famine, revenue failures, and political disorder, especially in Bengal.
The Bengal Famine of 1770 (बंगाल का भीषण अकाल), which killed millions, exposed the company’s administrative inefficiency.

Public outcry in Britain and the failure of the Company’s administration compelled British Parliament to intervene and regulate its functioning.

Main Provisions of the Act:

1. Governor-General of Bengal:

   • The Act created the office of the Governor-General of Bengal with a Council of four members to assist him.

   • Warren Hastings became the first Governor-General of Bengal.

   • The Governor-General in Council was empowered to supervise and control the administrations of Madras and Bombay presidencies, thereby centralizing British authority in India.

2. Establishment of Supreme Court:

   • A Supreme Court of Judicature was established at Calcutta (1774), consisting of a Chief Justice and three judges.

   • It had jurisdiction over British subjects and Company servants in Bengal, Bihar, and Orissa.

   • Sir Elijah Impey was appointed as the first Chief Justice.

3. Company’s Accountability:

   • The Act required the Court of Directors of the East India Company to report all decisions regarding civil, military, and revenue affairs to the British Government.

   • This marked the beginning of parliamentary supervision over the Company’s activities.

4. Prohibition of Private Trade and Bribery:

   • Company officials were strictly forbidden from engaging in private trade or accepting bribes from Indian rulers.

   • The aim was to reduce corruption and misuse of power.

Significance of the Act:

1. It was the first step toward the parliamentary control of the East India Company’s administration in India.

2. It marked the beginning of central administration, with Bengal emerging as the center of British power.

3. The establishment of the Supreme Court laid the foundation for the modern judicial system in India.

4. It recognized the political and administrative responsibilities of the British towards the Indian territories.

Defects and Criticism:

• The relationship between the Governor-General and his Council was not clearly defined, leading to frequent conflicts.

• The jurisdiction of the Supreme Court was ambiguous, often clashing with the Company’s Council.

• The Act did not provide an effective system to check corruption and misuse of power completely.

Conclusion:

The Regulating Act of 1773 was a landmark in the constitutional history of India. It introduced parliamentary supervision, centralized administration, and judicial reforms in British India for the first time.
Though imperfect and limited in scope, it laid the foundation for future reforms such as the Pitt’s India Act (1784) and ultimately paved the way for British Crown rule in India.