Charter Act of 1853

Charter Act of 1853

This was the last of the series of Charter Acts passed by the British Parliament between 1793 and

1853. It was a significant constitutional landmark.

Features of the Act

1. It separated, for the first time, the legislative and executive functions of the Governor-

General’s council. It provided for addition of six new members called legislative councillors

to the council. In other words, it established a separate Governor-General’s legislative

council which came to be known as the Indian (Central) Legislative Council. This legislative

wing of the council functioned as a mini-Parliament, adopting the same procedures as the

British Parliament. Thus, legislation, for the first time, was treated as a special function of the

government, requiring special machinery and special process.

2. It introduced an open competition system of selection and recruitment of civil servants. The

covenanted civil service3 was thus thrown open to the Indians also. Accordingly, the

Macaulay Committee (the Committee on the Indian Civil Service) was appointed in 1854.

3. It extended the Company’s rule and allowed it to retain the possession of Indian territories on

trust for the British Crown. But, it did not specify any particular period, unlike the previous

Charters. This was a clear indication that the Company’s rule could be terminated at any time

the Parliament liked.

4. It introduced, for the first time, local representation in the Indian (Central) Legislative

Council. Of the six new legislative members of the governor-general’s council, four members

were appointed by the local (provincial) governments of Madras, Bombay, Bengal and Agra.