Supreme Council of Bengal

The Supreme Council of Bengal[1][2] was the highest level of executive government in British India from 1774 until 1833: the period in which the East India Company, a private company, exercised political control of British colonies in India. It was formally subordinate to both the East India Company's Court of Directors (board) and to the British Crown.[3]

Supreme Council of Bengal
Formation1773
HeadquartersCalcutta, British India
Location
Official languages
English

The Supreme Council was established by the British government, under Regulating Act of 1773. It was to consist of five members, including the Governor General, and was appointed by the Court of Directors (board) of the East India Company.[4] At times it also included the British military Commander-in-Chief of India (although this post was usually held concurrently by the Governor General). Hence the council was also known as Governor-General-in-Council.

The Charter Act of 1833 formally separated the East India Company from political control, and established the new Council of India.

History

The Regulating Act of 1773 created the post of Governor-General of the Presidency of Fort William in Bengal Presidency and the presidencies of Bombay and Madras were made subordinate to the Bengal Presidency.[4] Prior to this all the three presidencies were independent of each other and was headed by Governor General and his Council or Governor-in-council. The act designated Governor of Bengal as the Governor of the Presidency of Fort William to serve as Governor General of all British Territories in India. It also added provision that Governor General was to be assisted by an executive council of four members and was given a casting vote but no veto.[4] This changed the structure of Governor in-council where Governor General was the sole authority to a council of 5 members. The members could only be removed by the British Monarch on representation from Court of Directors.

In 1774, Warren Hastings became the first Governor-General of the Presidency of Fort William, hence, the first head of the Supreme Council of Bengal. Other members of the council included Lt. General John Clavering, George Monson, Richard Barwell and Philip Francis.

Philip Francis along with Monson and Clavering reached Calcutta in October 1774, and a conflict with Warren Hastings started almost immediately. These three members of the council opposed Hasting's policies as Governor General and accused him of corruption. The situation climaxed with the Maharaja Nanda Kumar affair - in which Nanda Kumar accused Hastings of fraud and high corruption. This attempt to impeach Hastings was unsuccessful and Nanda Kumar was hanged in 1775 after being found guilty of forgery by Supreme Court of Bengal in Calcutta.[5] The trial was held under childhood friend of Hastings Sir Elijah Impey - India's first Chief Justice. The majority - Francis, Clavering and Monson - within the council ended with Monson's death in 1776. Clavering died a year later and Francis was left powerless, but he remained in India and strove to undermine Hastings' governance. The bitter rivalry between the two men culminated in a duel in 1780, where Hastings shot Francis in the back.[6] Francis left India in the hope of impeaching Hastings in 1780. Hastings resigned in 1785 and was later accused of committing a judicial murder of Nanda Kumar. Impeachment proceedings against him along with Elijah Impey were initiated by the parliament.[7] A lengthy attempted impeachment by Parliament lasted from 1788 to 1795 eventually ending with Hastings being acquitted.[8]

Conflict with Supreme Court of Judicature at Fort William

From 1774 (when the Supreme Court of Judicature at Fort William was founded) till 1782 (when Bengal Judicature Act of 1781 was passed), the Court claimed jurisdiction over any person residing in Bengal, Bihar or Orissa. This resulted in conflict of jurisdiction with Supreme Council of Bengal. The conflict came to an end with Parliament's passing of the Bengal Judicature Act of 1781. The act restricted the Supreme Court's jurisdiction to either those who lived in Calcutta, or to any British Subject in Bengal, Bihar and Odisha. This removed the Court's jurisdiction over any person residing in Bengal, Bihar and Odisha.

Role

The Regulating Act of 1773 made presidencies of Bombay and Madras subordinate to Bengal.[4] Governor-in-Council of Bombay and Madras presidencies were required to obey the orders of Governor General of Bengal. Governor-General-in-Council was given the power to make rules, ordinances and regulations. These rules and regulations were required to be registered with the Supreme court and could only be dissolved by the King-in-Council within 2 years.[9]

Notable members
  • Warren Hastings[8] from October 20, 1774, to his resignation on February 8, 1785.
  • George Monson[10] from October 20, 1774, to his death on September 25, 1776.
  • John Clavering[11][12] from October 20, 1774, to his death on August 30, 1777.
  • Richard Barwell[13] from October 20, 1774, to his departure on March 2, 1780. Officially resigned on October 1, 1781.
  • Philip Francis[14] from October 20, 1774, to his departure on December 3, 1780. Officially resigned on December 12, 1781.
  • Edward Wheler[15] from December 11, 1777, to his death on October 10, 1784.
  • Eyre Coote[16] from March 25, 1779, to his death on April 26, 1783.
  • John Macpherson[17] from October 1, 1781, to his departure on September 11, 1786.
  • John Stables[18] from November 11, 1782, to his resignation on January 19, 1787.
  • Charles Stuart[19] from February 28, 1785, to his resignation on January 21, 1793.
  • Archibald Seton[20] from 1812 to 1818.
  • John Fendall Jr.[21] from May 20, 1820, to his death on November 10, 1825.

See also

References
  1. (capt.), Joseph Price; Francis, sir Philip (1783). A letter ... to P. Francis ... late member of the Supreme council at Bengal [vindicating J. Price's character and conduct from the charges made against him by P. Francis in the minutes of the East India company].
  2. The Monthly Review. R. Griffiths. 1781.
  3. Webster, Anthony (2007). The Richest East India Merchant: The Life and Business of John Palmer of Calcutta, 1767-1836. Boydell & Brewer. pp. 8–. ISBN 978-1-84383-303-1.
  4. "Regulating Act | Great Britain [1773]". Encyclopedia Britannica. Retrieved 2017-12-11.
  5. Gentleman, resident in Calcutta; Barwell, Richard; Hastings, Warren (1776). A Narrative of Facts Leading to the Trials of Maha Rajah Nundocomar and Thomas [or Rather Joseph] Fowke for Conspiracies Against Governor Hastings, and R. Barwell, Members of the Supreme Council at Bengal; and to the Trial of Maha Rajah Nundocomar, for Forgery: with Some ... Anecdotes Pending, and Subsequent to Those Prosecutions. In which are Introduced the ... Addresses of the Grand Jury, European and Armenian Inhabitants of Calcutta to Sir E. Impey, Chief Justice ...
  6. "The enigmatic Warren Hastings and his Calcutta properties". www.victorianweb.org. Retrieved 2017-12-11.
  7. Stephen, James Fitzjames (1885). The Story of Nuncomar and the Impeachment of Sir Elijah Impey. Macmillan and Company.
  8. "Warren Hastings | British colonial administrator". Encyclopedia Britannica. Retrieved 2017-12-11.
  9. Mukerji, Panchanandas (1915). Indian constitutional documents, 1773-1915, comp. and edited with an introduction. Robarts - University of Toronto. Calcutta, Spink.
  10. Archives, The National. "The Discovery Service". discovery.nationalarchives.gov.uk. Retrieved 2017-12-10.
  11. Commons, Great Britain Parliament House of (1806). Reports from Committees of the House of Commons: Which Have Been Printed by Order of the House, and are Not Inserted in the Journals.
  12. The Gentleman's Magazine. 1788.
  13. "BARWELL, Richard (1741-1804), of Stansted Park, Suss. | History of Parliament Online". www.historyofparliamentonline.org. Retrieved 2017-12-10.
  14. Bowyer, T. H. (1995). "The appointment of Philip Francis to the Bengal Supreme Council". The Historical Journal. 38 (1): 145–149. doi:10.1017/S0018246X00016320. ISSN 1469-5103. S2CID 159940759.
  15. Archives, The National. "The Discovery Service". discovery.nationalarchives.gov.uk. Retrieved 2017-12-10.
  16. Council, Bengal (India) Supreme (1780). Authentic Abstracts of Minutes in the Supreme Council of Bengal, on the Late Contracts for Draught and Carriage Bullocks, for Victualling the European Troops, and for Victualling Fort William; the Augmentation of General Sir Eyre Coote's Appointment, and Continuation of Brigadier-General Stibbert's Emoluments, Though Superseded in the Chief Command; and a Remarkable Treaty, Offensive and Defensive, with the Ranah of Gohud, a Marratta. J. Almon.
  17. "MACPHERSON, Sir John, 1st Bt. (1744-1821), of Brompton Grove, Mdx. | History of Parliament Online". www.historyofparliamentonline.org. Retrieved 2017-12-10.
  18. Commons, Great Britain Parliament House of (1806). Reports from Committees of the House of Commons: Which Have Been Printed by Order of the House, and are Not Inserted in the Journals.
  19. Commons, Great Britain Parliament House of (1806). Reports from Committees of the House of Commons: Which Have Been Printed by Order of the House, and are Not Inserted in the Journals.
  20. The Gentleman's Magazine, August 1818, Published by F. Jefferies, 1818; Item notes: v.88 pt.2 1818; p. 184
  21. The Quarterly Oriental magazine, review and register. 1825.
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