The last phase of British colonialism (1858–1947) is the most important phase of India's constitutional development. During this phase there was a constant struggle between the interests of the British capitalists and the various sections of India. The discontent in England against the corrupt misgovernance of the Company had reached a climax. The British government was not getting any financial benefit from the company. England's liberals, reformists and supporters of parliamentary rule were agitating against the Company's commercial monopoly and they were demanding that the governance of a vast country like India should not be entrusted to a commercial institution like the Company.
The British as well as the various sections of India—intellectuals, industrialists, farmers and workers—were dissatisfied because of the company's economic exploitation. For this he also gave an application to the British Parliament. This was probably the reason why the tenure of the company was kept indefinite in the Act of 1853. Thus the background for the end of the Company's rule was set.
The Revolution of 1857 broke the illusion of good governance of the Company, giving the Parliament an excuse to overthrow the Company. Although the revolution was ruthlessly suppressed, its consequences aroused the British 'conscience of the nation and decided to disband the East India Company.'
At this time general elections were held in Britain and Palmstern became prime minister. He immediately decided to submit the Company's right to rule India to the British Crown. Many proposals were made in the British Parliament for the protection of the empire. Finally, on 30 April 1858, the Bill containing fourteen resolutions, presented by Stanley in the House of Commons, was passed on 2 August 1858 The emperor's permission was granted. In December 1858, the Board of Directors in its last meeting handed over the vast Indian Empire to the British Empress with a heavy heart. Now the governance of India passed from the hands of the Company to the hands of the British Crown. This act is called 'Indian Administration Reforms Act Known as '.
1858 Key Provisions of the Act (Main Provisions of the Act of 1858)
Act of 1858 'For Better Government of India' is known as. By this act the Company's rule over the Indian territories was abolished and its responsibility was handed over to the British Parliament. Now the administration of India was run in the name of the Empress and her. Governor General of India to 'Viceroy ' ( representative of the Crown) and he had to act according to the orders of the Secretary of India. Lord Canning became the first Viceroy of India. All territorial and other income received from India or from India and sovereignty over the native states and the right to collect taxes from them were vested in the emperor.
This act abolished the Board of Directors, Board of Control and Secret Committee and delegated all their functions and powers to the Secretary of India.
The Secretary of India was a member of the British Cabinet, assisted by 'India Council ' ( A council of fifteen members called India Council created. Eight members of this council were to be appointed by the King of England and the remaining seven members were to be appointed from the Court of Directors. Of these members, at least nine members were required to have held any office in India for at least ten years and at the time of their appointment not more than ten years had elapsed since they left India.
Operators right to appoint seven members only once It was given and it was made clear that the seats to be filled in future will be filled by the emperor.
Arrangement was made to pay the salaries of the Secretary of India, the members of his council, all the expenses of the India Office, the debts of the East India Company, etc., from the Indian revenue.
The members of the Council of India could be removed by the emperor at the behest of both the members of the parliament. Members were denied the right to vote and attend meetings of Parliament to keep them out of British politics. The annual salary of each member was fixed at £1,200. The meeting of the Council of India (India Council) was required to be held at least once a week in the presence of a minimum of five members.
According to the Act, the Secretary of India was to present every year the details of the income and expenditure of the Indian territories to the British Parliament. The Secretary of India was declared a corporate body, which had the power to prosecute in India and England and could also be prosecuted. Now Indian affairs in England were to be directed by the Secretary of India and every order-sheet was to be signed by him. All the documents sent by the Government of India to the British Government were to be addressed in his name.
The Secretary of India was to preside over the meetings of the Council. The decisions of the Council were ordinarily to be taken by majority vote, but in case of equality of votes, the Secretary of India had the right to cast a casting vote. In special cases, the Secretary of India could also take a decision against the decision of the Council. In urgent matters he could issue orders without consulting the Council, but he was to give the reasons for such matters in writing and inform the same to his Council. In matters of war, peace and agreement with the princely states, India could issue orders without the permission of the Secretary Council. But for Indian revenue, appointments, taking loans on behalf of the Government of India and buying, selling or mortgage of Indian property, it was necessary to accept the decision of the Council. For the conduct of the business of the Council, the Secretary of India could constitute committees and give necessary directions to them.
Emperor He, in consultation with the Secretary of India and his Council, appointed the Governor General of India and the Governors of the Presidencies. The right to appoint lieutenant governors was given to the governor general, but for this he had to get the final approval from the British government. The Secretary of India and his council were given the right to appoint members of many councils of India. The appointments of contract civil servants (Sanshrit Janpad Sewa) were to be done through open competition under the rules framed by the Secretary of India.
By this act the Company's armies and their management were placed under the British Emperor, but the service conditions on which they were recruited remained the same. After this, the emperor could make changes in the service-conditions of those who would be recruited in the Indian army of the Empress.
This Act made it clear that Indian revenues shall not be spent on military proceedings outside the border of India without the consent of both the Houses of Parliament. Indian revenue will be used only to prevent external aggression or any other contingency.
This act marked the end of the Duplex system established by the Pitt Act (1784) Done, the native kings had a direct relationship with the emperor and Dalhousie's state usurp-policy was ineffective happened. The Act states that whenever an order is made to the Government of India in respect of any dispute or war, it must be presented before both the Houses of Parliament within three months or within one month from the commencement of the sitting of Parliament.
The Emperor shall respect the treaties entered into by the Company and the Secretary of the Council of India shall fulfill all the contracts, agreements and obligations of the Company. Regarding the change of power, the Queen will soon make an announcement to the indigenous kings and the Indian people.
Revolution of 1857:Causes and Dissemination
Queen Victoria's Manifesto (Queen Victoria's Manifesto)
Concerning the transfer of power, Queen Victoria made a royal proclamation on 1 November 1858. The language of this declaration was beautiful and dignified with many promises and assurances. Lord Canning made this declaration 1 November 1858 read it to the kings and the public gathered at Allahabad. The Queen said in her proclamation:
'We have decided to take under our control all the Indian territories, which were earlier under the control of the Company and which it was ruling on our behalf. . We ask the people residing in these regions to have Rajbhakti towards ourselves, our heirs and successors. Hope We do. We appoint Lord Canning as the first Viceroy and Governor General of our Indian territories. We gladly accept and assure to fulfill all the treaties that the Company has made with the Indian kings.
We regulate all military and civilian officers appointed by the company to their posts. We do not wish to expand our Indian territories. We will not raid the territories or rights of others on our own, nor will we allow any power to raid our territories and rights.
We will respect the rights, prestige and honor of Indian kings like our own right, prestige and honour.
We will not impose our religious views on our subjects nor interfere in any way in the religious life of our subjects will do. Equal and fair justice will be done to all. The basis of recruitment in the jobs will be the sole qualification, caste and religion will not be given any importance. The ancient rights, customs and customs of Indians will be taken care of in making and implementing the law.'
In this proclamation, the Queen expressed regret for the tragic events of the rebellion and unconditionally pardoned all the rebels who did not participate in the British assassination. Orders were also issued regarding the release of prisoners. In the end, the Queen said in her declaration that 'when inner peace is established by the grace of God, then it is our heartfelt desire that the peaceful professions of India should be encouraged, the works of public utility should be increased and the people of the British territories should live. Government should be done keeping in mind the interests of the people. In their (Indian people) prosperity is our strength, in their satisfaction our security and in their gratitude our reward. May God give strength to us and the officers working under us to carry out our wishes for the betterment of our subjects.'
Indians welcome Queen Victoria's announcement. Through this declaration, Indians were promised peace, prosperity, freedom, equal treatment and posts on the basis of merit. In fact, such a government policy was initiated by this manifesto, which remained the basic basis of British rule in India for the next sixty years.
Although many important provisions of the Declaration were not implemented, it remained the norm of British policy in India for a long time. Lord Canning said in relation to this declaration that a new era has started in India through this. Some historians consider this declaration to be the biggest charter of Indian independence.
The Nature, Failure and Consequences of the of 1857
1858 K evaluation of the act (Evaluation of act of 1858)
By this act, the governing power of India was snatched from the company to the British Emperor, but it did not bring any political benefit to the Indians. In fact the Company's power as a political force had already been exhausted, by the Act of 1858 the Company's body was thoroughly buried. In fact, it was through the Pitt's India Act of 1784 that the British Government had real control over Indian administration. was established. The British government, through the chairman of the Board of Control, looked after the Indian administration. The British Government increased the powers of the Board of Control to such an extent that the Company became a department of the British Government and the position of the Board of Governors became an advisory committee. The powers of the Board of Directors continued to be curtailed in every act passed between 1874 and 1858.
His remaining powers were also destroyed by the Charter Act of 1853. By this the right to appoint the employees of the company was also snatched from the Board of Directors and given to the Chairman of the Board of Control. Not only this, the number of members of the Board of Directors was reduced from twenty-four to eighteen, of which six members were to be nominated by the Emperor. Thus, with the act of 1853 itself, the way for the abolition of the Board of Directors was prepared. The revolt of 1857 created such a situation that in 1858 this work was completely completed.
The act of 1858 marked the beginning of a new era in the constitutional history of India. ईस्ट इंडिया कंपनी तो समाप्त हो गई, किंतु ‘अपने शासन का परित्याग करते समय ईस्ट इंडिया कंपनी ने महारानी विक्टोरिया को एक ऐसे साम्राज्य की भेंट दी, जो रोम के साम्राज्य से भी अधिक शानदार था।’
इस अधिनियम का महत्त्व इस बात में भी है कि इसने भारत में द्वैध शासन व्यवस्था को समाप्त कर दिया, जो पिछले 74 वर्षों से कंपनी के प्रशासन का आधार बनी हुई थी। ब्रिटिश सरकार की इस नई व्यवस्था से भारतीय प्रशासन के सुदृढ़ एवं स्वच्छ बनने की आशा उत्पन्न हुई।
अधिनियम का महत्त्व इस बात में भी है कि इसके द्वारा भारतीय परिषद् (इंडिया कौंसिल) की स्थापना की गई। भारतीय परिषद् एक स्वतंत्र संस्था थी, जिसके सदस्यों को भारतीय समस्याओं का पूरा ज्ञान होता था, क्योंकि उनके लिए यह शर्त थी कि वे नियुक्ति से पहले दस वर्ष तक भारत में या तो रह चुके हों या नौकरी कर चुके हों। यह नई व्यवस्था भारतीय प्रशासन के लिए उपयोगी हो सकती थी, किंतु इसकी स्थापना से कोई विशेष लाभ नहीं हुआ क्योंकि यह केवल एक परामर्शदायी संस्था बनकर रह गई।
इस अधिनियम के द्वारा भारत सचिव के पद की व्यवस्था की गई, जो संवैधानिक दृष्टिकोण से बहुत महत्त्वपूर्ण थी। भारत सचिव ब्रिटिश मंत्रिमंडल का सदस्य होता था। उसके पास बहुत अधिकार तथा शक्तियाँ होती थीं।
भारत सचिव तथा उसकी परिषद् के सदस्यों के वेतन और इंडिया ऑफिस का सारा खर्च भारतीय राजस्व से देने की व्यवस्था की गई जिससे भारत पर आर्थिक बोझ पड़ना स्वाभाविक था। इस परिषद् के सदस्य भारतीय लोक सेवा के रिटायर्ड व्यक्ति होते थे, जो सामान्यतया अपने वेतन और पद की लालच में परिषद् का ही समर्थन करते थे।
इस अधिनियम द्वारा ब्रिटिश सरकार ने विजय तथा अन्य राज्यों के विलय की नीति को त्याग देने की घोषणा की और भारतीय नरेशों को यह विश्वास दिलाया कि उनके अधिकार, गौरव और सम्मान का अपने राज्यों की तरह ध्यान रखा जायेगा। इससे देसी राजाओं में ब्रिटिश सरकार के प्रति सद्भावना का उदय हुआ।
इस अधिनियम द्वारा धार्मिक सहिष्णुता के सिद्धांत का प्रतिपादन किया गया और लोक सेवा में भर्ती के लिए जाति या धर्म के आधार पर भेदभाव समाप्त कर दिया गया। किंतु भारतीय शासन को अपने हाथ में लेने के बाद ब्रिटिश सरकार ने भारतीय मामलों में न कोई विशेष रुचि ली और न ही शासन में आवश्यक सुधार किया।
<1861 का भारतीय परिषद् अधिनियम