Regulating Act 1773

Objectives of the Act:-

The key objectives of the Regulating Act of 1773 included – addressing the problem of management of company in India; address the problem of dual system of governance instituted by Lord Clive; to control the company, which had morphed from a business entity to a semi-sovereign political entity.

Key Provisions of the act:- 

A.      Creation of Office of Governor of the Presidency of Fort William

The presidencies of Bombay and Madras were made subordinate to the Presidency of Calcutta. The Governor of Bengal was designated the Governor of the Presidency of Fort William and he was to serve as Governor General of all British Territories in India. This Governor General was to be assisted by an executive council of four members. As per the act, Office of the Governor-General of the Presidency of Fort William was created in 1773, and on 20 October 1773, Warren Hastings became the first Governor General of India. The members of the council were Lt. General John Clavering, George Monson, Richard Barwell and Philip Francis. These members could be removed only by the British Monarch (King or Queen) on representation from Court of Directors.

Difference between Governor General and Viceroy

   Commonly we call Warren Hastings as First Governor General of India. But the official title of Warren Hastings was the Governor of the Presidency of Fort William. This office became Governor General of India in 1833 from the times of Lord William Bentinck and in 1858, when India was taken over by England; it remained Viceroy and Governor-General of India till 1947.

Governors-in-Council of Bombay and Madras were required to pay due obedience to the orders of Governor -General of Bengal.

Governor-General in council was given power to make rules, ordinances and regulations. These rules and regulations were required to be registered with the Supremes court and could be dissolved by the king-in council within 2 years.

B.      Changes in voting qualifications

This act raised the qualifications for a vote in the Court of proprietors from £ 500 to £ 1000. Further, instead of the annual elections, the act provided the directors to hold office for four years and a quarter of the number of being annually re-elected. The Directors were required to submit copies of letters and advices received from the Governor-General in council.

C.      Establishment of Supreme Court at Calcutta

The regulating act provided for establishment of a Supreme Court of Judicature at Fort William comprising one chief justice and three other judges. Sir Elijah Imphey was appointed as chief justice of this court. It had power to try civil, criminal, admiralty cases and it had to be a Court of Record. It was given supreme judiciary over all British subjects including the provinces of Bengal, Bihar and Orissa. The Supreme Court was also made to consider and respect the religious and social customs of the Indians. Appeals could be taken from the provincial courts to the Governor-General-in-Council and from there to King-in-Council.

D. Increased control over company

East India Company was kept under the Control of the King of England. The system of nominating high officials of the Company, Judges, Member of the Court of Directors started. The court of directors was also required to report on company’s revenue, civil, and military affairs in India. The act prohibited receiving of presents and bribes by the servants of the company. No British subject was to charge interest at a rate higher than 12 per cent. The Act also settled the salaries of the Governor General, Governors, chief justice and other judges.