Regulating Act of 1773(First Act to Control East India Company in India by the British Government)

Regulating Act of 1773
This Act was of a great Constitutional importance in the History for the following reasons:
a. It was the First step taken by the British Government to control and regulate the affairs of the East India Company in India;
b. It also recognised, for the first time, the political and administrative functions of the Company in India;
c. It also laid down the foundation of Central administration in India.
The Features of this Act were as follows:
1. It designated the Governor of Bengal as the ‘Governor General of Bengal’ and created an Executive Council of 4 members to assist him. The first such Governor-General was Lord Warran Hastings.
2. It made the Governors of Bombay and Madras Presidencies subordinate to the Governor-General of Bengal. It is very important to mention here that earlier to the Regulating Act of 1773; all the Governors of Bombay, Madras and Calcutta presidencies were independent to one another.
3. It provided for the establishment of a Supreme Court at Calcutta (1774) comprising one Chief Justice and three other Judges, who were to be the Barristers of England or Ireland of not less than 5 years standing. The Supreme Court was to be a Court of Record and have the original as well as appellate Jurisdiction.
(Note: Court of Record literally means a Court whose proceedings are recorded and available as evidence of fact)
4. It prohibited the servants of the Company from engaging in any private trade or accepting presents or bribes from the natives.
5. It strengthened the Control of the British Government over the Company by requiring the Court of Directors (Which was the Governing body of the company) to report in respect of its revenue, civil and military affairs carried in India to the British Government.
Although the Objects of Regulating Act of 1773 were good but the system that was created by this Act was imperfect. It suffered from the following three defects i.e.
1. It did not define clearly the relationship of the Governor-General and his council and the Supreme Court with each other.
2. It did not make clear as to what laws the Supreme Court was to administer.
3. It placed the Governor-General at the mercy of his council.