INSTRUMENTS OF CONTROL –Regulating Act 1773
Establishment
of British Parliamentary Control:
From the
very beginning the British Government was reaping benefits from the Indian empire
built up by the East India Company. But the development after the battle of
Palashi revealed that corruption was rampant amongst the servants of the
Company. Besides, there was problem regarding the administration of the British
possession in India. The chaotic situation brought about by the misgovernance
of the Company roused the public opinion in England. Even the members of the
British Parliament did not hesitate to express their dissatisfaction about the
matter. In such a situation the British Government also became seriously
concerned about the affairs of the Company. It was felt that the British
Government could not remain mere a spectator to the existing abuses. In this
context the British government decided to control the basic policies of the
Company's administration. The result was the enactment of a Parliamentary Acts.
Regulating
Act (1773):
With a
view to regulating the activities of the Company in India the Regulating Act
was passed in 1773 by the British Parliament. This was the first direct
interference made by the British Government in the affairs of India. From that
time onwards parliamentary acts were passed in regular intervals to control the
affairs of the Company. The important provisions of the Act were as follows.
(i) The
Regulating Act made changes in the constitution of the Court of Directors of
the Company in London. Henceforth the Court of Directors was to lay before the
British Government all correspondence relating to civil and military affairs
and revenues of India.
(ii) The
head of the Company's establishment in Calcutta was so far called 'Governor of
Bengal'. By the Regulating Act his new designation was 'Governor General of
Bengal'. Warren Hastings who came to India as the Governor of Bengal now became
the first Governor-General of Bengal (1773).
(iii) The
Governor-General was to have a Council (Governor-General in Council) of four
members. The Governor-General and his Council were given power to superintend
and control the Bombay and Madras Presidencies in matters of war and peace.
(iv) For
dispensation of justice to Company's officials and their employees the Act
provided for the establishment of a Supreme Court at Calcutta (present
Kolkata). The very next year (1774) for the first time Supreme Court was
established in Calcutta with Elijah Impey as the Chief Justice.
Shortcomings of the Regulating Act:
The
Regulating Act suffered from various defects. The Act ultimately proved itself
to be hollow because it virtually did not work when it was put into operation. However,
the defects were as follows:
1. Disharmony
in the Council: As per the provision of the Act the Governor General's
Council was to have four members. But the Council could not function properly
because of the disharmony amongst its members. Majority of the members were
opposed to Warren Hastings. Thus smooth functioning of the administration
became impossible.
2. Supervision
on other Presidencies: The Act gave the Governor-General and its Council
the power of supervision over the Presidencies of Bombay and Madras in matters
of war or peace except in emergency cases. Taking advantage of the emergency
situation' the heads of Bombay and Madras virtually took decisions on their
own.
3. Jurisdiction
of the Supreme Court: A Supreme Court was established at Calcutta as per
the provision of the Regulating Act. But its jurisdiction was not at all
specified. This resulted in serious conflicts between competing authorities.
Another serious problem regarding the Supreme Court was that the Act did not
specify which law — Indian or English the Court was to administer and enforce.
4.
Maharaja Nanda Kumar Case: The anomaly created by the Regulating Act
regarding the Supreme Court was revealed in the famous Maharajah Nanda Kumar
Case. Nanda Kumar was a Brahmin by caste and the ex-Diwan of Murshidabad. He
was charged with committing forgery. The Supreme Court awarded him Capital
punishment as per the British Law in vogue at that time. But in India a Brahmin
could not be sentenced to death for such an offence. This created discontent in
Bengal. The award of capital punishment was described as a judicial murder'.
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Hindi Version |
Urdu Version |
English
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1. 1. Multiple Choice Question.
(i) Which
among the following was the first instrument of control by British
Parliamentary?
(a) Regulating Act
1773 (b)
Regulating Act 1784
(c) Pits India Act (d) Charter Act 1813
(ii) The Regulating Act passed by the British in the
year
(a) 1772 (b)
1773 (c) 1774 (d) 1775
(iii) Regulating
Act 1773 created the post of
(a) Governor of Bengal (b)
Governor General
(c) Governor General of Bengal (d)
Governor General of India
(iv) Who
became the first Governor General of Bengal by Regulating Act 1773?
(a) Robert
Clive (b) Lord Dalhousie (c) Lord Bentinck (d) Warren Hastings
(v) How
many members were there in the Governor General Council in 1773?
(a) 4 (b)
3 (c)
2 (d)
1
(vi) Which
one among the followings court was created by the Regulating Act 1773.
(a) Supreme Court of Madras (b) Supreme Court of Bombay
(c) Supreme Court of Calcutta (d) Court of Calcutta
(vii) In
which year the Supreme Court of Calcutta established?
(a) 1773 (b)
1774 (c) 1784 (d) 1785
(viii) Who
was the first Chief Justice of Supreme Court of Calcutta?
(a) Robert Clive (b) Hastings (c) Elija Impey (d) Mc Cafe
2. Answers in two or three sentences.
Q1: Who and when became the first Governor General
of Bengal?
Ans: According
to Regulating Act 1773, Warren Hastings became the first Governor General of
Bengal.
Q2: Who was the first Chief Justice of the Supreme
Court of British India? (H.S.2018]
Ans. Sir
Elija Impey was the first Chief Justice of the Supreme Court of British India
in Calcutta.
Q3: By which Act was the Supreme Court of
Calcutta established? (H.S.2017]
Ans. The
Supreme Court of Calcutta was established by the Regulating Act of 1773 AD.
Q4: What was Nand
Kumar case?
Ans: Nanda Kumar was a Brahmin by caste and the
ex-Diwan of Murshidabad. He was charged with committing forgery. The Supreme
Court awarded him Capital punishment as per the British Law in vogue at that
time. But in India a Brahmin could not be sentenced to death for such an
offence. The award of capital punishment was described as a judicial murder'.
Hindi Version
2. दो या तीन वाक्यों में उत्तर।
Q1: Who and
when became the first Governor General of Bengal?
उत्तर: रेगुलेटिंग एक्ट 1773 के अनुसार वारेन हेस्टिंग्स बंगाल के पहले गवर्नर जनरल बने।
उत्तर। सर एलिजा इम्पे कलकत्ता में ब्रिटिश भारत के सर्वोच्च न्यायालय के पहले मुख्य न्यायाधीश थे।
उत्तर। कलकत्ता के सर्वोच्च न्यायालय की स्थापना 1773 ई. के रेगुलेटिंग एक्ट द्वारा की गई थी।
Q4: What was Dual Government?
उत्तर: नंद कुमार जाति से ब्राह्मण थे और मुर्शिदाबाद के पूर्व दीवान थे। उस पर जालसाजी करने का आरोप लगाया गया था। उस समय प्रचलित ब्रिटिश कानून के अनुसार सर्वोच्च न्यायालय ने उन्हें मृत्युदंड से सम्मानित किया। लेकिन भारत में एक ब्राह्मण को इस तरह के अपराध के लिए मौत की सजा नहीं दी जा सकती थी। मौत की सजा के पुरस्कार को न्यायिक हत्या के रूप में वर्णित किया गया था।
Descriptive Question.
Q1: Write
a short note the Regulating Act 1773? Discuss its drawbacks?
Urdu Version
2۔ دو یا تین جملوں میں جوابات۔
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Q1: Who and when became the first Governor General of Bengal? |
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1773
کے ریگولیٹنگ ایکٹ کے مطابق وارن
ہسٹنگس بنگال کے پہلے گورنر جنرل بنے۔ |
Q2: Who was the first Chief Justice of the Supreme Court of
British India? | |
کلکتہ سپریم کورٹ کے پہلے چیف جسٹس
سر الیجا امپے تھے۔
| |
Q3: By
which Act was the Supreme Court of Calcutta established? (H.S.2017] | |
کلکتہ سپریم کورٹ کی تکمیل میں 1773 | |
Q4: What was Nand
Kumar case? | |
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Descriptive
Question.
Q1: Write
a short note the Regulating Act 1773? Discuss its drawbacks?