Monday 21 January 2019

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.

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