Complete Indian Legal History from year 1600 to 1935
Part 1 to last Part 38
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Showing posts with label Indian Legal History. Show all posts
Showing posts with label Indian Legal History. Show all posts
Monday, January 3, 2011
Sunday, January 2, 2011
Thursday, December 30, 2010
Part 37 – Indian Legal history – Government of India Act 1919 –
Part 37 – Indian Legal history – Government of India Act 1919 –
Secretary of state, Edwin S.Montagu and the viceroy of India Lord Chelmsford wrote an inquiry report regarding participation of Indians and responsible government in India, this report was published in 1918, Report on Indian constitutional Reform.
This report served as the basis for the creation of the legislation.
The government of India Act 1919 was passed by the British Parliament
To increase participation of the Indians in the government of India.
The Act embodied the reforms recommended in the report of the Secretary of State for India, Edwin Montagu, and the Viceroy, Lord Chelmsford.
The Act covered ten years, from 1919 to 1929.
The act was enacted for ten years from 1919 to 1929.
The Act provided a dual form of government (a "dyarchy") for provinces.
Matters of administration were first divided between the centre and the provinces and then the provincial subjects were further bifurcated into transferred and reserved subjects.
The transferred subjects were to be administered by the governor with the help of ministers responsible to the legislative council composed mainly of elected members.
The Transferred subjects are:
(1) Education, (2) Libraries, (3) Museums, (4) Local Self-Government, (5) Medical Relief, (6) Public Health and Sanitation, (7) Agriculture, (8) Cooperative Societies, (9) Public Works, (10) Veterinary, (11) Fisheries, (12) Excise, (13) Industries, (14) Weights and Measure, (15) Public Entertainment, (16) Religion and Charitable Endowments, etc.
The reserved subjects were to remain the responsibility of the governor and his executive council which was not responsible to the legislature.
Governor got the power to override ministers and executive council.
The Reserved Subjects are:
(1) Land Revenue, (2) Famine Relief, (3) Justice, (4) Police, (5) Pensions, (6) Criminal Tribes, (7) Printing Presses, (8) Irrigation and Waterways, (9) Mines, (10) Factories, (11) Electricity, (12) Labour Welfare and Industrial Disputes, (13) Motor Vehicles, (14) Minor Ports, etc.
The effect of government of India Act 1919 –
(1) To introduce the bicameral or two chamber system in the Indian legislative council
(2) To increase the size of the provincial legislative council , to increase number of the elected members in each
(3) To substitute direct for indirect election
(4) To enlarge the electorate
This act applied the principal of communal representation to Muslims, Sikhs, Anglo-Indians, and Indian Christians etc.
The Indian legislature council was to be called as the Indian legislature.
The Indian legislature consisted of governor general and two chambers, the council of state and the legislative assembly.
The council of state consisted of 60 members nominated or elected under the rules, of whom not more than twenty were to be official members.
Thus council got 33 elected members and 27 nominated by the governor general of whom not more than 20 could of officials.
The legislative assembly consisted of 143 members.
The number of non elected members was 40 of whom 25 were official members and 15 non officials.
The number of elected member was 103.
To pass a law, including financial bills consent of both houses was required.
The power of both houses were same exception was power to vote supply was allowed only to the Legislative assembly.
The duration of council was fixed at 5 and of the assembly at three years.
The governor general got the power to dissolve either house or to extend its existence if necessary.
The members were elected by a process of direct election, in hope that the people will choose people to represent them.
Thus Hindus started to elect Hindus and Muslims elected Muslims and also there was communal representation.
The act of 1919 did not introduce federalism in India.
Governor General in council got the power and authority to decide whether a particular subject was central or provincial subject.
Continued -
Reality views by sm –
Friday, December 31, 2010
Suggested Reading –
Below are the links for Part 1 to last Part 38
Complete Indian Legal History from year 1600 to 1935
http://realityviews.blogspot.com/2011/01/complete-indian-legal-history-from-year.html
Secretary of state, Edwin S.Montagu and the viceroy of India Lord Chelmsford wrote an inquiry report regarding participation of Indians and responsible government in India, this report was published in 1918, Report on Indian constitutional Reform.
This report served as the basis for the creation of the legislation.
The government of India Act 1919 was passed by the British Parliament
To increase participation of the Indians in the government of India.
The Act embodied the reforms recommended in the report of the Secretary of State for India, Edwin Montagu, and the Viceroy, Lord Chelmsford.
The Act covered ten years, from 1919 to 1929.
The act was enacted for ten years from 1919 to 1929.
The Act provided a dual form of government (a "dyarchy") for provinces.
Matters of administration were first divided between the centre and the provinces and then the provincial subjects were further bifurcated into transferred and reserved subjects.
The transferred subjects were to be administered by the governor with the help of ministers responsible to the legislative council composed mainly of elected members.
The Transferred subjects are:
(1) Education, (2) Libraries, (3) Museums, (4) Local Self-Government, (5) Medical Relief, (6) Public Health and Sanitation, (7) Agriculture, (8) Cooperative Societies, (9) Public Works, (10) Veterinary, (11) Fisheries, (12) Excise, (13) Industries, (14) Weights and Measure, (15) Public Entertainment, (16) Religion and Charitable Endowments, etc.
The reserved subjects were to remain the responsibility of the governor and his executive council which was not responsible to the legislature.
Governor got the power to override ministers and executive council.
The Reserved Subjects are:
(1) Land Revenue, (2) Famine Relief, (3) Justice, (4) Police, (5) Pensions, (6) Criminal Tribes, (7) Printing Presses, (8) Irrigation and Waterways, (9) Mines, (10) Factories, (11) Electricity, (12) Labour Welfare and Industrial Disputes, (13) Motor Vehicles, (14) Minor Ports, etc.
The effect of government of India Act 1919 –
(1) To introduce the bicameral or two chamber system in the Indian legislative council
(2) To increase the size of the provincial legislative council , to increase number of the elected members in each
(3) To substitute direct for indirect election
(4) To enlarge the electorate
This act applied the principal of communal representation to Muslims, Sikhs, Anglo-Indians, and Indian Christians etc.
The Indian legislature council was to be called as the Indian legislature.
The Indian legislature consisted of governor general and two chambers, the council of state and the legislative assembly.
The council of state consisted of 60 members nominated or elected under the rules, of whom not more than twenty were to be official members.
Thus council got 33 elected members and 27 nominated by the governor general of whom not more than 20 could of officials.
The legislative assembly consisted of 143 members.
The number of non elected members was 40 of whom 25 were official members and 15 non officials.
The number of elected member was 103.
To pass a law, including financial bills consent of both houses was required.
The power of both houses were same exception was power to vote supply was allowed only to the Legislative assembly.
The duration of council was fixed at 5 and of the assembly at three years.
The governor general got the power to dissolve either house or to extend its existence if necessary.
The members were elected by a process of direct election, in hope that the people will choose people to represent them.
Thus Hindus started to elect Hindus and Muslims elected Muslims and also there was communal representation.
The act of 1919 did not introduce federalism in India.
Governor General in council got the power and authority to decide whether a particular subject was central or provincial subject.
Continued -
Reality views by sm –
Friday, December 31, 2010
Suggested Reading –
Below are the links for Part 1 to last Part 38
Complete Indian Legal History from year 1600 to 1935
http://realityviews.blogspot.com/2011/01/complete-indian-legal-history-from-year.html
Monday, December 20, 2010
Part 36 – Indian Legal history – Act of 1909 Minto Morlay Reforms
Part 36 – Indian Legal history –
Act of 1909 Minto Morlay Reforms
In 1906, Lord Morley, the Secretary of State for Indian Affairs, announced in the British parliament that his government wanted to introduce new reforms for India, in which the Indian locals were to be given more powers in legislative affairs.
George Nathaniel Curzon was the Viceroy of India and Foreign Secretary.
In January 1899 he was appointed Viceroy of India.
The province of Bengal had an area of 189,000 miles2. and a population more than 80 million , area and population both were more compared to a France.
in August 1904 he became the Governor general of India.
Partitioning Bengal was first considered in 1903
The Partition of Bengal in 1905 was made on October 16 by then Viceroy of India, Lord Curzon.
Bengal was larger than France and larger in population compared to France.
But upper caste Hindus as well as rich Muslim people of Bengal did not like this idea and they started to oppose the partition.
Partition means reduction in their powers over local people and area.
Remember Mahabharata , Kourava did not give a single village to pandava which would have solved the problem.
A major famine coincided with Curzon's time as viceroy in which 6.1 to 9 million people died.
East Bengal got more Muslim population and West Bengal got the more Hindu population.
Indian National congress started to oppose the division of Bengal.
Indian population was uneducated that time and now also situation is same.
I am not writing on how the area was divided, today it is not important.
Due to violent protests the two parts of Bengal were reunited in 1911.
After this the Era of division based on the language started in India which people call it as a linguistic division.
The Indian Councils Acts of 1909, also known as the Morley Minto reforms by its provision, enlarged the size and their functions of the legislatures both at the center and Provinces
The following were the main features of the Act of 1909:
1.The number of the members of the Legislative Council at the Center was increased from 16 to 60. The Legislature was thus consisted of 69 members, of which 37 were to be officials while the remaining 32 non-officials.
2.The Morley Minto Reforms introduced an electoral policy for the elected members.
3.The number of the members of the Provincial Legislatives was also increased. It was fixed as 50 in the provinces of Bengal, Madras and Bombay, and for the rest of the provinces it was 30.
4.Right of separate electorate was given to the Muslims, which increased the gap between Hindu and Muslim population
5.The system of election led by the Acts of 1909 was very indirect. The people elected the members of the local bodies, which elected members of the electoral college, which in turn elected the members of the provincial Legislatures.
6.The members of the provincial legislature finally elected the members of the Central Legislature.
7.In this type of election process again for the name sake there was a voting system and people did not get any political knowledge or understanding of government working. Very skillfully rich and educated class kept the uneducated class away from all this.
8.The Secretary of State for India was empowered to increase the number of the Executive Councils of Madras and Bombay from two to four.
9.The Governor General was empowered to nominate one Indian member to his Executive Council.
10.Two Indians were nominated to the Council of the Secretary of State for Indian Affairs.
The Delhi Durbar was held in December 1911 to commemorate the coronation of King George V and Queen Mary as Emperor and Empress of India.
The necklace was presented to Queen Mary by the Maharani of Patiala
On December 15, 1911 King George V laid the foundation stones for the new capital city of New Delhi.
After the Minto Morlay reforms participation of Indians increased and as well as degradation of political process started and corruption also increased.
Continue -
Suggested Reading –
Below are the links for Part 1 to last Part 38
Complete Indian Legal History from year 1600 to 1935
http://realityviews.blogspot.com/2011/01/complete-indian-legal-history-from-year.html
Reality views by sm –
Monday, December 20, 2010
Act of 1909 Minto Morlay Reforms
In 1906, Lord Morley, the Secretary of State for Indian Affairs, announced in the British parliament that his government wanted to introduce new reforms for India, in which the Indian locals were to be given more powers in legislative affairs.
George Nathaniel Curzon was the Viceroy of India and Foreign Secretary.
In January 1899 he was appointed Viceroy of India.
The province of Bengal had an area of 189,000 miles2. and a population more than 80 million , area and population both were more compared to a France.
in August 1904 he became the Governor general of India.
Partitioning Bengal was first considered in 1903
The Partition of Bengal in 1905 was made on October 16 by then Viceroy of India, Lord Curzon.
Bengal was larger than France and larger in population compared to France.
But upper caste Hindus as well as rich Muslim people of Bengal did not like this idea and they started to oppose the partition.
Partition means reduction in their powers over local people and area.
Remember Mahabharata , Kourava did not give a single village to pandava which would have solved the problem.
A major famine coincided with Curzon's time as viceroy in which 6.1 to 9 million people died.
East Bengal got more Muslim population and West Bengal got the more Hindu population.
Indian National congress started to oppose the division of Bengal.
Indian population was uneducated that time and now also situation is same.
I am not writing on how the area was divided, today it is not important.
Due to violent protests the two parts of Bengal were reunited in 1911.
After this the Era of division based on the language started in India which people call it as a linguistic division.
The Indian Councils Acts of 1909, also known as the Morley Minto reforms by its provision, enlarged the size and their functions of the legislatures both at the center and Provinces
The following were the main features of the Act of 1909:
1.The number of the members of the Legislative Council at the Center was increased from 16 to 60. The Legislature was thus consisted of 69 members, of which 37 were to be officials while the remaining 32 non-officials.
2.The Morley Minto Reforms introduced an electoral policy for the elected members.
3.The number of the members of the Provincial Legislatives was also increased. It was fixed as 50 in the provinces of Bengal, Madras and Bombay, and for the rest of the provinces it was 30.
4.Right of separate electorate was given to the Muslims, which increased the gap between Hindu and Muslim population
5.The system of election led by the Acts of 1909 was very indirect. The people elected the members of the local bodies, which elected members of the electoral college, which in turn elected the members of the provincial Legislatures.
6.The members of the provincial legislature finally elected the members of the Central Legislature.
7.In this type of election process again for the name sake there was a voting system and people did not get any political knowledge or understanding of government working. Very skillfully rich and educated class kept the uneducated class away from all this.
8.The Secretary of State for India was empowered to increase the number of the Executive Councils of Madras and Bombay from two to four.
9.The Governor General was empowered to nominate one Indian member to his Executive Council.
10.Two Indians were nominated to the Council of the Secretary of State for Indian Affairs.
The Delhi Durbar was held in December 1911 to commemorate the coronation of King George V and Queen Mary as Emperor and Empress of India.
The necklace was presented to Queen Mary by the Maharani of Patiala
On December 15, 1911 King George V laid the foundation stones for the new capital city of New Delhi.
After the Minto Morlay reforms participation of Indians increased and as well as degradation of political process started and corruption also increased.
Continue -
Suggested Reading –
Below are the links for Part 1 to last Part 38
Complete Indian Legal History from year 1600 to 1935
http://realityviews.blogspot.com/2011/01/complete-indian-legal-history-from-year.html
Reality views by sm –
Monday, December 20, 2010
Sunday, December 19, 2010
Part 35 – Indian Legal history – Charter Act 1853, codification of Laws and Law commissions under British India.
Part 35 – Indian Legal history – Charter Act 1853, codification of Laws and Law commissions under British India.
Read more »
Read more »
Saturday, December 4, 2010
Part 34 – Indian Legal history – Charter of 1833 Introduction of Justice, Equity and Conscience
Part 34 – Indian Legal history – Charter of 1833
Introduction of Justice, Equity and Conscience
In 1780 Bengal First time British rulers introduced the maxim justice, equity and conscience and later it was introduced in other presidencies like Bombay and Madras and rest of India.
In Punjab 1872 Punjab laws act 1872 introduced the doctrine, maxim Justice, Equity and Conscience in judicial system.
Central Provinces Laws Act 1875, Section 6 mentions when the judge that is court should use the maxim Justice, Equity and Conscience while deciding a case.
Later it was added to other laws also.
How this maxim worked?
When court found that there is no provision in Hindu religious law or Muslim religious law then the maxim Justice, Equity and Conscience came to help the court and accordingly court decided the case.
This depends on the education of judge, his thinking thus what he felt right was right.
Very slowly this began to influence and bring more and more English law into India.
In 1862 High courts were established and Englishmen became the judge who were studied and knew English judicial system, they were barristers and were trained in law.
From India appeals went to Privy Council in England thus automatically more and more English law was introduced in India.
But English law was not used in every case.
It depend on case, there are many cases which one can find where English law was not used.
Few examples -
Khwaja Muhammad khan vs Husaini Begum
Srinath Roy vs Dinabandhu sen
English courts also always gave importance to Hindu customs and Muslim customs in India.
After India became independent today also courts use the English Judgments, now a day’s even American judgment is referred while giving judgment.
But while doing this Indian courts see that and give more importance to religion and mob and not to individual freedom.
As in India number of courts increased, high courts increased and every court gave its own judgment and there was no supreme court, a court whom other courts can look for guidance and to find the correct meaning of law.
Thus English people felt the need for codification of laws in India.
Thus charter of 1833 made provision to create uniform and codified system of law in India.
The charter introduced and established
1.
It established an omni competent all India legislature having legislative authority throughout the country
2.
it created a new office of the law member in the government of India
3.
it provided for the appointment of a law commission in India
It established an omni competent all India legislature having legislative authority throughout the country – First time in 1829 Lord William Bentinck spoke about this.
The charter act 1833 received royal assent on august 28 1833 and came into force on April 22, 1834.
The important provisions of this charter, law are as follows.
1.
The governor general of Bengal was designated as the Governor General of India.
2.
Governor General in council got powers of superintendence, direction and control of the whole civil and military government and the revenues of India.
3.
centralization of legislative power
4.
setting up of legislative council
5.
legislative council got the power to repeal, amend any law in India exception charter of 1833
6.
All the laws and enacts passed by the legislative council were called as Acts of the Government of India, before this they were called as regulations. All laws were binding on all the courts in India.
7.
The office of the law member was created who helped or assisted governor general in law making
8.
appointment of law commission
First law commission in India was established in year 1835; under the act membership of the commission had to be approved by the court of directors.
The charter act placed the law commission wholly under the direction and control of Governor General in council
The first project commission got was to codify the penal law for India.
After this commission prepared draft and presented it to the Governor General in 1837.
Macaulay did lot of work regarding creation of draft.
When Maculay retired after that the work of law commission lost the speed.
It did nothing special.
In 1842 it prepared draft of the law of limitation.
The concept of Lex loci, a report was prepared as there were situations when neither Hindu nor Muslim law was applicable.
Continued –
Suggested Reading –
Below are the links for Part 1 to last Part 38
Complete Indian Legal History from year 1600 to 1935
http://realityviews.blogspot.com/2011/01/complete-indian-legal-history-from-year.html
Part 33 – Indian Legal history – Regulations and codification in British India 1793 up to year 1834
http://realityviews.blogspot.com/2010/11/part-33-indian-legal-history.html
Reality Views by sm –
Sunday, December 05, 2010
Introduction of Justice, Equity and Conscience
In 1780 Bengal First time British rulers introduced the maxim justice, equity and conscience and later it was introduced in other presidencies like Bombay and Madras and rest of India.
In Punjab 1872 Punjab laws act 1872 introduced the doctrine, maxim Justice, Equity and Conscience in judicial system.
Central Provinces Laws Act 1875, Section 6 mentions when the judge that is court should use the maxim Justice, Equity and Conscience while deciding a case.
Later it was added to other laws also.
How this maxim worked?
When court found that there is no provision in Hindu religious law or Muslim religious law then the maxim Justice, Equity and Conscience came to help the court and accordingly court decided the case.
This depends on the education of judge, his thinking thus what he felt right was right.
Very slowly this began to influence and bring more and more English law into India.
In 1862 High courts were established and Englishmen became the judge who were studied and knew English judicial system, they were barristers and were trained in law.
From India appeals went to Privy Council in England thus automatically more and more English law was introduced in India.
But English law was not used in every case.
It depend on case, there are many cases which one can find where English law was not used.
Few examples -
Khwaja Muhammad khan vs Husaini Begum
Srinath Roy vs Dinabandhu sen
English courts also always gave importance to Hindu customs and Muslim customs in India.
After India became independent today also courts use the English Judgments, now a day’s even American judgment is referred while giving judgment.
But while doing this Indian courts see that and give more importance to religion and mob and not to individual freedom.
As in India number of courts increased, high courts increased and every court gave its own judgment and there was no supreme court, a court whom other courts can look for guidance and to find the correct meaning of law.
Thus English people felt the need for codification of laws in India.
Thus charter of 1833 made provision to create uniform and codified system of law in India.
The charter introduced and established
1.
It established an omni competent all India legislature having legislative authority throughout the country
2.
it created a new office of the law member in the government of India
3.
it provided for the appointment of a law commission in India
It established an omni competent all India legislature having legislative authority throughout the country – First time in 1829 Lord William Bentinck spoke about this.
The charter act 1833 received royal assent on august 28 1833 and came into force on April 22, 1834.
The important provisions of this charter, law are as follows.
1.
The governor general of Bengal was designated as the Governor General of India.
2.
Governor General in council got powers of superintendence, direction and control of the whole civil and military government and the revenues of India.
3.
centralization of legislative power
4.
setting up of legislative council
5.
legislative council got the power to repeal, amend any law in India exception charter of 1833
6.
All the laws and enacts passed by the legislative council were called as Acts of the Government of India, before this they were called as regulations. All laws were binding on all the courts in India.
7.
The office of the law member was created who helped or assisted governor general in law making
8.
appointment of law commission
First law commission in India was established in year 1835; under the act membership of the commission had to be approved by the court of directors.
The charter act placed the law commission wholly under the direction and control of Governor General in council
The first project commission got was to codify the penal law for India.
After this commission prepared draft and presented it to the Governor General in 1837.
Macaulay did lot of work regarding creation of draft.
When Maculay retired after that the work of law commission lost the speed.
It did nothing special.
In 1842 it prepared draft of the law of limitation.
The concept of Lex loci, a report was prepared as there were situations when neither Hindu nor Muslim law was applicable.
Continued –
Suggested Reading –
Below are the links for Part 1 to last Part 38
Complete Indian Legal History from year 1600 to 1935
http://realityviews.blogspot.com/2011/01/complete-indian-legal-history-from-year.html
Part 33 – Indian Legal history – Regulations and codification in British India 1793 up to year 1834
http://realityviews.blogspot.com/2010/11/part-33-indian-legal-history.html
Reality Views by sm –
Sunday, December 05, 2010
Friday, November 12, 2010
Part 33 – Indian Legal history – Regulations and codification in British India 1793 up to year 1834
Part 33 – Indian Legal history – Regulations and codification in British India 1793 up to year 1834
Warren Hastings Plan of 1772 started the journey of Indian judicial system.
It introduced the concept of judicial tribunals known as Adalat system in India.
This plan laid said that Hindu law should be followed for Hindus and Muslim law for Muslims like Shastra for Hindu people and Koran for Muslim people.
That time as it was the beginning of the judicial system, only little part of India was under their control, they did not make separate rules and laws for Sikh, Jain and other communities.
The Hindu wills Act 1870 was made applicable to the wills of a Hindu, Jain, Sikh, and Budhist.
On other part The Married Women’s Property act 1874 distinguished among Hindu, Muslim, Sikh, and Jain and Budhist communities.
The Special Marriage Act 1872 was enacted to provide a form of marriage for persons not professing the Christina, Jewish, Muslim, Hindu, Parsi, Budhist, Jain or Sikh religions.
The Plan of 1772 does not introduce British laws in Indian Presidency Towns.
Warren Hastings believed that it will be very difficult to get the obedience of the local people, population regarding English law, to make them understand and obey English law.
Shore the Governor General said that, grand object of our government in this country should be to conciliate the minds of the Natives by allowing them the free enjoyment of all their prejudices and by securing to them their rights and property.
Thus also began journey towards the preservation of Indian caste system and religion and division of Indian people on the name of religion.
Justice, Equity and good conscience –
Section XXI of Regulation III of 1793 provided that in cases coming within the jurisdiction of the Zilla and city courts for which no specific rule may exist, the judges are to act according to Justice, Equity and good conscience.
After this term Justice, Equity and good conscience was used many times in future laws.
That time this maxim played great role, as in beginning professionals were not appointed as judges and also Indians were not familiar with such court systems.
Indians only knew about one man show judicial system.
Kazi or Pandit or local village religious Mandir, temple babas and Panchayat of rich people
And everyone was busy for his own benefit.
The regulations were passed to improve the legal system in India.
Bengal code starting year 1793 up to year 1834
Number of Regulations passed – 675
Madras code - period 1802 up to year 1834
Number of Regulations passed – 251
Bombay code started when Mountstuart Elphinstone became the governor general of Bombay.
He built the first bungalow in Malabar Hill, during his tenure as the Governor of Bombay, 1819 to 1827
But in year 1820 he appointed a committee for the codification of law.
Following were the task of the committee –
1- To revise and compress the existing regulations leaving out all that had been rescinded or had become unnecessary striking out all legal language and tautological expressions, to consolidate all regulations relating to one subject and reducing the whole to the utmost attainable simplicity in form and language
2- To embody with the above regulations all orders that had been issued by the government in answer to references or in explanation of the Regulations and which had the force of law without the legal form and without having been publicly promulgated
3- To ascertain the practice of the judges and collectors in cases which till then had been left to their discretion and to consider whether it would be expedient to embody the most generally adopted and successful parts of that practice into the Regulations so as to diffuse the knowledge of the system adopted and to secure it from being capriciously set aside or whether it would not be safe for some years longer at least for the officers to have a large discretionary power unfettered by former enactments.
4- To examine the native practices as they obtained in each district before its acquisition by the English and to consider whether any part of the same should be revived if it had been laid aside or secured by Regulations still in force.
5- To examine the codes of Bengal and Madras and to consider whether any of the Regulations in use under those presidencies were required in Bombay
6- To suggest which obvious improvements as might occur to the committee during the course of enquiry.
The committee studied everything for 7 years and new code was passed.
On 1st January 1827, the new code of the Bombay Regulation came into force in Bombay Presidency.
And all the previous 79 regulation acts were abolished.
This new code was called as or is known as Elphinstone Code.
Regulations were in order of subject matter.
The code consisted of 27 Regulations; these regulations were subdivided into chapters and sections.
When Indian Penal code was introduced this code was abolished.
The main problem with these regulations was that the legislative and executive powers were enjoyed by same person.
Legislative means – Law making authority and power.
Executive means – a person who got power to carrying into effect the laws.
Thus law maker and the person who made law was same person.
Today also India is facing the same problem.
Law maker is a politician
Who executives the laws – The organizations who execute the laws work under the politician, these organizations can not go against the will of the politician, law maker.
Thus hope you understand the problem now clearly.
Why India needs to change the system of administration.
The Elphinstone Road railway station and the Elphinstone Circle were named after Lord John Elphinstone his nephew, who also became Governor of Bombay in 1850s.
After India got Independence in 1947 Elphinstone Circle was renamed after Benjamin Horniman, editor of the Bombay Chronicle
Elphinstone College is an institution of higher education affiliated to the University of Mumbai. Established in 1856
Mountstuart Elphinstone before leaving Bombay ,
was responsible for beginning higher education in the city. Rs.2, 29,636.00 was collected by public subscription to fund teaching professorships in the English language and the Arts, Science
The College was formally constituted in 1835.
The classes commenced in 1836, at Town Hall, with the first two professors:
Arthur Bedford Orlebar (Natural Philosophy)
And John Harkness (General Literature).
University of Bombay was established in the year 1857. Inception classes were held at Elphinstone College and were subsequently moved to the present fort campus.
Sir J J School of Arts was founded in 1857 and was instituted to take up drawing classes. Initial classes were held at Elphinstone Institution.
Below is the photo of Elphinstone College –
Suggested Reading –
Below are the links for Part 1 to last Part 38
Complete Indian Legal History from year 1600 to 1935
http://realityviews.blogspot.com/2011/01/complete-indian-legal-history-from-year.html
Reality Views by sm –
Friday, November 12, 2010
Warren Hastings Plan of 1772 started the journey of Indian judicial system.
It introduced the concept of judicial tribunals known as Adalat system in India.
This plan laid said that Hindu law should be followed for Hindus and Muslim law for Muslims like Shastra for Hindu people and Koran for Muslim people.
That time as it was the beginning of the judicial system, only little part of India was under their control, they did not make separate rules and laws for Sikh, Jain and other communities.
The Hindu wills Act 1870 was made applicable to the wills of a Hindu, Jain, Sikh, and Budhist.
On other part The Married Women’s Property act 1874 distinguished among Hindu, Muslim, Sikh, and Jain and Budhist communities.
The Special Marriage Act 1872 was enacted to provide a form of marriage for persons not professing the Christina, Jewish, Muslim, Hindu, Parsi, Budhist, Jain or Sikh religions.
The Plan of 1772 does not introduce British laws in Indian Presidency Towns.
Warren Hastings believed that it will be very difficult to get the obedience of the local people, population regarding English law, to make them understand and obey English law.
Shore the Governor General said that, grand object of our government in this country should be to conciliate the minds of the Natives by allowing them the free enjoyment of all their prejudices and by securing to them their rights and property.
Thus also began journey towards the preservation of Indian caste system and religion and division of Indian people on the name of religion.
Justice, Equity and good conscience –
Section XXI of Regulation III of 1793 provided that in cases coming within the jurisdiction of the Zilla and city courts for which no specific rule may exist, the judges are to act according to Justice, Equity and good conscience.
After this term Justice, Equity and good conscience was used many times in future laws.
That time this maxim played great role, as in beginning professionals were not appointed as judges and also Indians were not familiar with such court systems.
Indians only knew about one man show judicial system.
Kazi or Pandit or local village religious Mandir, temple babas and Panchayat of rich people
And everyone was busy for his own benefit.
The regulations were passed to improve the legal system in India.
Bengal code starting year 1793 up to year 1834
Number of Regulations passed – 675
Madras code - period 1802 up to year 1834
Number of Regulations passed – 251
Bombay code started when Mountstuart Elphinstone became the governor general of Bombay.
He built the first bungalow in Malabar Hill, during his tenure as the Governor of Bombay, 1819 to 1827
But in year 1820 he appointed a committee for the codification of law.
Following were the task of the committee –
1- To revise and compress the existing regulations leaving out all that had been rescinded or had become unnecessary striking out all legal language and tautological expressions, to consolidate all regulations relating to one subject and reducing the whole to the utmost attainable simplicity in form and language
2- To embody with the above regulations all orders that had been issued by the government in answer to references or in explanation of the Regulations and which had the force of law without the legal form and without having been publicly promulgated
3- To ascertain the practice of the judges and collectors in cases which till then had been left to their discretion and to consider whether it would be expedient to embody the most generally adopted and successful parts of that practice into the Regulations so as to diffuse the knowledge of the system adopted and to secure it from being capriciously set aside or whether it would not be safe for some years longer at least for the officers to have a large discretionary power unfettered by former enactments.
4- To examine the native practices as they obtained in each district before its acquisition by the English and to consider whether any part of the same should be revived if it had been laid aside or secured by Regulations still in force.
5- To examine the codes of Bengal and Madras and to consider whether any of the Regulations in use under those presidencies were required in Bombay
6- To suggest which obvious improvements as might occur to the committee during the course of enquiry.
The committee studied everything for 7 years and new code was passed.
On 1st January 1827, the new code of the Bombay Regulation came into force in Bombay Presidency.
And all the previous 79 regulation acts were abolished.
This new code was called as or is known as Elphinstone Code.
Regulations were in order of subject matter.
The code consisted of 27 Regulations; these regulations were subdivided into chapters and sections.
When Indian Penal code was introduced this code was abolished.
The main problem with these regulations was that the legislative and executive powers were enjoyed by same person.
Legislative means – Law making authority and power.
Executive means – a person who got power to carrying into effect the laws.
Thus law maker and the person who made law was same person.
Today also India is facing the same problem.
Law maker is a politician
Who executives the laws – The organizations who execute the laws work under the politician, these organizations can not go against the will of the politician, law maker.
Thus hope you understand the problem now clearly.
Why India needs to change the system of administration.
The Elphinstone Road railway station and the Elphinstone Circle were named after Lord John Elphinstone his nephew, who also became Governor of Bombay in 1850s.
After India got Independence in 1947 Elphinstone Circle was renamed after Benjamin Horniman, editor of the Bombay Chronicle
Elphinstone College is an institution of higher education affiliated to the University of Mumbai. Established in 1856
Mountstuart Elphinstone before leaving Bombay ,
was responsible for beginning higher education in the city. Rs.2, 29,636.00 was collected by public subscription to fund teaching professorships in the English language and the Arts, Science
The College was formally constituted in 1835.
The classes commenced in 1836, at Town Hall, with the first two professors:
Arthur Bedford Orlebar (Natural Philosophy)
And John Harkness (General Literature).
University of Bombay was established in the year 1857. Inception classes were held at Elphinstone College and were subsequently moved to the present fort campus.
Sir J J School of Arts was founded in 1857 and was instituted to take up drawing classes. Initial classes were held at Elphinstone Institution.
Below is the photo of Elphinstone College –
Suggested Reading –
Below are the links for Part 1 to last Part 38
Complete Indian Legal History from year 1600 to 1935
http://realityviews.blogspot.com/2011/01/complete-indian-legal-history-from-year.html
Reality Views by sm –
Friday, November 12, 2010
Thursday, October 14, 2010
Part 32 – Indian Legal History - British Rule in India and development law and administration –
Part 32 – Indian Legal History - British Rule in India and development law and administration –
To develop Indian laws British people took more than 200 Years.
This trial and error journey started in year 1661.
Only after doing trial and error British people were successful in giving India a good justice system and administration with loopholes to save the king and administrative officials who work for the king of England and now today’s our politicians.
1774 – First time Supreme Court was established by Regulating Act. This brought British barristers and lawyers into India.
1781 – The act directed Supreme Court of India to apply personal laws of Hindus to Hindus and Muslim laws to Muslims in certain cases.
Never Forget the truth that when someone wins the nation, that nation has to follow the rules and laws of New King.
Before British Empire India used to follow the rules and laws of Muslim Kings and then Sikh Kings and Maratha Kings and other kings.
Prior to Formation and birth of India by British Crown in a reality there was no India , no kingdom was their named or called as India .
British came, saw, won all the states and formed the India and before leaving India formed Pakistan.
The English people who traveled outside England and found new territories, settled on that land carried their own laws with them that is English law.
This English law was called as Common law.
Once the state was won by the British People the English law became the common law of the new country.
Also British law stated that whatever place British citizen may go he must follow British rules and he will be always under British Crown or parliament.
Australia, U.S.A and Canada also follow in this category,they were ruled and governed by the British people and crown but when these countries got independence the intelligent people of these nations removed the bad things from the law and made such provisions that their own civil servant or politicians will not enjoy protection from corruption thus became super powers in few years.
Regarding British Crown, British Citizens and British Parliament they got their own laws and powers from that time which kept changing here I am not mentioning about those powers of king on colony and powers of British Parliament on British Colonies.
But in India we never removed the bad civil, criminal procedure and laws from these British laws after our Independence and we kept those bad laws and result is that uneducated, criminal people are ruling us Indians
today now position is that we Indians will never be able to change this without peaceful civil war as all political parties have already united but Indians do not understand and realize that they are still fighting on name of religion and caste.
When British came to India, Indians followed laws which came from Religion and religion can not act as law but we followed Religion as a law.
Following religion as a law in a human society is a one step, and in democracy religion has nothing to do, human rights are more important that religion.
British people never introduced complete English law in India.
Indian laws were developed here in India by trial and error by British People which was based on the British law.
British People always tried to follow Hindu laws for Hindu and Muslim laws for Muslims.
English law of will, English law property, English law of marriage these are few examples which were never fully applied.
Act of Settlement 1781 –
Section 17 of act said , directed that questions of inheritance and succession and all matters of contract and dealing between party and party should be determined in case of Hindu as per Hindu law and in case of Muslim as per Muslim law.
After this very interesting question one will ask, what if two parties belong to different religion one is Hindu and other is Muslim or English.
Section 17 of the act of 1781 said that, when parties to a suit belonged to different persuasions, then the law of the defendant was to apply.
What does law of the defendant mean?
In general terms one will say that law of defendant means that if plaintiff is Hindu and defendant is Muslim then use Muslim law and if defendant is Hindu use Hindu law or if defendant is English use English law.
This was confusing law and courts decided as per case and follow English law also and Hindu as well as Muslim law as per the case.
Regarding contracts Supreme Court normally used the English contract laws.
In Presidency of Bombay and Calcutta law of Damdupat was applied to Hindus.
Damdupat under this a Hindu could not claim as interest more than the amount of the principal lent.
The court held as not a moral but it is a rule of law.
Continued –
Reality Views by sm
More Reading –
Below is the link for Part One –
http://realityviews.blogspot.com/2010/01/know-indian-legal-history-part-one.html
Below are the links for Part 1 to last Part 38
Complete Indian Legal History from year 1600 to 1935
http://realityviews.blogspot.com/2011/01/complete-indian-legal-history-from-year.html
To develop Indian laws British people took more than 200 Years.
This trial and error journey started in year 1661.
Only after doing trial and error British people were successful in giving India a good justice system and administration with loopholes to save the king and administrative officials who work for the king of England and now today’s our politicians.
1774 – First time Supreme Court was established by Regulating Act. This brought British barristers and lawyers into India.
1781 – The act directed Supreme Court of India to apply personal laws of Hindus to Hindus and Muslim laws to Muslims in certain cases.
Never Forget the truth that when someone wins the nation, that nation has to follow the rules and laws of New King.
Before British Empire India used to follow the rules and laws of Muslim Kings and then Sikh Kings and Maratha Kings and other kings.
Prior to Formation and birth of India by British Crown in a reality there was no India , no kingdom was their named or called as India .
British came, saw, won all the states and formed the India and before leaving India formed Pakistan.
The English people who traveled outside England and found new territories, settled on that land carried their own laws with them that is English law.
This English law was called as Common law.
Once the state was won by the British People the English law became the common law of the new country.
Also British law stated that whatever place British citizen may go he must follow British rules and he will be always under British Crown or parliament.
Australia, U.S.A and Canada also follow in this category,they were ruled and governed by the British people and crown but when these countries got independence the intelligent people of these nations removed the bad things from the law and made such provisions that their own civil servant or politicians will not enjoy protection from corruption thus became super powers in few years.
Regarding British Crown, British Citizens and British Parliament they got their own laws and powers from that time which kept changing here I am not mentioning about those powers of king on colony and powers of British Parliament on British Colonies.
But in India we never removed the bad civil, criminal procedure and laws from these British laws after our Independence and we kept those bad laws and result is that uneducated, criminal people are ruling us Indians
today now position is that we Indians will never be able to change this without peaceful civil war as all political parties have already united but Indians do not understand and realize that they are still fighting on name of religion and caste.
When British came to India, Indians followed laws which came from Religion and religion can not act as law but we followed Religion as a law.
Following religion as a law in a human society is a one step, and in democracy religion has nothing to do, human rights are more important that religion.
British people never introduced complete English law in India.
Indian laws were developed here in India by trial and error by British People which was based on the British law.
British People always tried to follow Hindu laws for Hindu and Muslim laws for Muslims.
English law of will, English law property, English law of marriage these are few examples which were never fully applied.
Act of Settlement 1781 –
Section 17 of act said , directed that questions of inheritance and succession and all matters of contract and dealing between party and party should be determined in case of Hindu as per Hindu law and in case of Muslim as per Muslim law.
After this very interesting question one will ask, what if two parties belong to different religion one is Hindu and other is Muslim or English.
Section 17 of the act of 1781 said that, when parties to a suit belonged to different persuasions, then the law of the defendant was to apply.
What does law of the defendant mean?
In general terms one will say that law of defendant means that if plaintiff is Hindu and defendant is Muslim then use Muslim law and if defendant is Hindu use Hindu law or if defendant is English use English law.
This was confusing law and courts decided as per case and follow English law also and Hindu as well as Muslim law as per the case.
Regarding contracts Supreme Court normally used the English contract laws.
In Presidency of Bombay and Calcutta law of Damdupat was applied to Hindus.
Damdupat under this a Hindu could not claim as interest more than the amount of the principal lent.
The court held as not a moral but it is a rule of law.
Continued –
Reality Views by sm
More Reading –
Below is the link for Part One –
http://realityviews.blogspot.com/2010/01/know-indian-legal-history-part-one.html
Below are the links for Part 1 to last Part 38
Complete Indian Legal History from year 1600 to 1935
http://realityviews.blogspot.com/2011/01/complete-indian-legal-history-from-year.html
Monday, September 20, 2010
Part 31 – India Legal History – Changes and development in criminal Law system in India from 1772 to 1860
Part 31 – India Legal History – Changes and development in criminal Law system in India from 1772 to 1860
Read more »
Read more »
Tuesday, September 7, 2010
Part 30 - Indian Legal History – Criminal law system in India Prior to British Rule , East India Company Rule
Part 30 - Indian Legal History – Criminal law system in India Prior to British Rule , East India Company Rule
Read more »
Read more »
Tuesday, August 31, 2010
Part 29 - Indian Legal History – Importance of Privy Council or King in council towards Indian Legal History -
Part 29 - Indian Legal History – Importance of Privy Council or King in council towards Indian Legal History -
Read more »
Read more »
Sunday, August 22, 2010
Friday, August 13, 2010
Wednesday, August 4, 2010
Part 26 - Indian Legal History – Creation of Allahabad High court and The Indian High Courts act 1911
Part 26 - Indian Legal History – Creation of Allahabad High court and The Indian High Courts act 1911
Read more »
Read more »
Sunday, July 25, 2010
Monday, July 19, 2010
Part 24 – Indian Legal History - Indian High courts act 1861
Part 24 – Indian Legal History - Indian High courts act 1861
Reality views by sm –
Monday, July 19, 2010
Company kept judicial and executive functions separate since year 1793.
But this system was not perfect; the appointment procedure of judges was faulty.
Executive became judge and judge became executive vice versa because of lack of experience judiciary suffered as executive failed to do justice to judiciary.
In 1868, company officers pointed out that native judges and pleaders who had received a regular legal education at the Calcutta University had a better knowledge than the civilian, executive judges.
Therefore Bengal officers proposed the establishment of a separate judicial service.
Sir Henry Maine in 1868 condemned the [British] district judges as shamefully inefficient.
In year 1872 Law member Stephen supported the idea of a separate judicial service but nothing happened.
In 1924, the Rankin committee disfavored appointment of civilian as district judges, saying that the subordinate judges got more knowledge than civilian judges as subordinate judges got experience and legal education.
But nothing happened.
The Indian High Courts Act 1861 –
The Indian High Courts Act was passed by the British Parliament on the 6th August, 1861 and was titled as an act for establishing high courts of judicature in India.
This legislation contained only 19 sections only.
Its main function was to abolish the supreme courts and the Sadar Adalats in the three Presidencies and to establish the high courts in their place.
The records and document of the various courts became the records and documents of the High Court concerned.
It gave power authority in Her Majesty to issue letters patent under the great seal of the United Kingdom, to erect and establish High courts of judicature at Calcutta, Madras and Bombay.
Each High court was to consist of a chief justice and as many puisne judges not exceeding fifteen as her majesty might think to fit to appoint.
Who became the high court judge or who was eligible to become the high court judge?
Judges were selected out of the following categories of persons
1. Barrister must have 5 years or more experience
2. members of the covenanted civil service of not less than ten years standing who should have served as Zillah judges for at least three years of that period
3. Persons who shall have held judicial office not inferior to that of principal sadar amen or judge of small cause court for a period of not less than five years.
4. Person who have been pleaders of a Sadar court or high court for a period of not less than ten years.
But the rule was made that, not less than one third of the judges in a High court, including chief justice were to be barristers and not less than one-third of the judges were to be members of the covenanted civil service.
The judges of the High court were to be held office during her majesty’s pleasure.
Each high court was to have and exercise all such civil and criminal admiralty and vice-admiralty, testamentary, intestate and matrimonial jurisdiction and original and appellate
The High Court was to have superintendence over all courts subject to its appellate jurisdiction.
It got power, authority to call for return, to transfer any suit or appeal from one court to another and to make and issue general rules for regulating the practice and proceedings of such courts.
The charter for the Calcutta high court was issued on May 14, 1862 and was published in Calcutta on the 1st July 1862 establishing the high court from the next day.
The charter for the high courts of Bombay and Madras were issued on June 26, 1862 and these courts were inaugurated on the 14th and 15th august 1862.
Suggested Reading –
Part 25 - Indian Legal History - Charter of Calcutta High Court 1865
Reality views by sm –
Monday, July 19, 2010
Company kept judicial and executive functions separate since year 1793.
But this system was not perfect; the appointment procedure of judges was faulty.
Executive became judge and judge became executive vice versa because of lack of experience judiciary suffered as executive failed to do justice to judiciary.
In 1868, company officers pointed out that native judges and pleaders who had received a regular legal education at the Calcutta University had a better knowledge than the civilian, executive judges.
Therefore Bengal officers proposed the establishment of a separate judicial service.
Sir Henry Maine in 1868 condemned the [British] district judges as shamefully inefficient.
In year 1872 Law member Stephen supported the idea of a separate judicial service but nothing happened.
In 1924, the Rankin committee disfavored appointment of civilian as district judges, saying that the subordinate judges got more knowledge than civilian judges as subordinate judges got experience and legal education.
But nothing happened.
The Indian High Courts Act 1861 –
The Indian High Courts Act was passed by the British Parliament on the 6th August, 1861 and was titled as an act for establishing high courts of judicature in India.
This legislation contained only 19 sections only.
Its main function was to abolish the supreme courts and the Sadar Adalats in the three Presidencies and to establish the high courts in their place.
The records and document of the various courts became the records and documents of the High Court concerned.
It gave power authority in Her Majesty to issue letters patent under the great seal of the United Kingdom, to erect and establish High courts of judicature at Calcutta, Madras and Bombay.
Each High court was to consist of a chief justice and as many puisne judges not exceeding fifteen as her majesty might think to fit to appoint.
Who became the high court judge or who was eligible to become the high court judge?
Judges were selected out of the following categories of persons
1. Barrister must have 5 years or more experience
2. members of the covenanted civil service of not less than ten years standing who should have served as Zillah judges for at least three years of that period
3. Persons who shall have held judicial office not inferior to that of principal sadar amen or judge of small cause court for a period of not less than five years.
4. Person who have been pleaders of a Sadar court or high court for a period of not less than ten years.
But the rule was made that, not less than one third of the judges in a High court, including chief justice were to be barristers and not less than one-third of the judges were to be members of the covenanted civil service.
The judges of the High court were to be held office during her majesty’s pleasure.
Each high court was to have and exercise all such civil and criminal admiralty and vice-admiralty, testamentary, intestate and matrimonial jurisdiction and original and appellate
The High Court was to have superintendence over all courts subject to its appellate jurisdiction.
It got power, authority to call for return, to transfer any suit or appeal from one court to another and to make and issue general rules for regulating the practice and proceedings of such courts.
The charter for the Calcutta high court was issued on May 14, 1862 and was published in Calcutta on the 1st July 1862 establishing the high court from the next day.
The charter for the high courts of Bombay and Madras were issued on June 26, 1862 and these courts were inaugurated on the 14th and 15th august 1862.
Suggested Reading –
Part 25 - Indian Legal History - Charter of Calcutta High Court 1865
Sunday, July 11, 2010
Part 23 – Indian Legal History – Small Causes Court and City Civil Court
Part 23 – Indian Legal History – Small Causes Court and City Civil Court -
Reality Views by sm –
Sunday, July 11, 2010
Provincial small cause courts –
In 1753 Courts of Requests were created in the three Presidency towns.
In 1850 Legislature abolished the courts of requests and established courts of small causes in their place.
These courts are the courts of minor jurisdiction and provide quick justice in cases of small monetary value.
These courts were constituted by the Provincial small cause’s courts act, XLII of 1860 which was amended by act of XI of 1865.
Again this act was replaced by new legislation, act IX of 1887.
The act gives power to state government to establish courts of small causes and these courts can take cognizance of civil suits up to a value of 500 rupees but state government may extend their jurisdiction to one thousand rupees.
Following types of cases are excluded from the purview of these courts.
• Suits regarding government acts
• Possession of immoveable property etc
A suit cognizable by a court of small causes is not to be tried by any other court.
The decision of small cause courts are final but the High Court exercises a power of revision.
A court of small causes is subject to the administrative control of the district court and to the superintendence of the High Court.
Advantage of small cause court is that speedy justice in petty litigation.
These courts follow summary procedure.
If civil judge is given this type of work, it loses all the merits and in small cases also people do not get the speedy justice.
A civil court was established in the Madras under the Madras city civil court act, VII of 1892.
In 1955 the state government took power under the act to extend its jurisdiction up to rupees 50,000.
These courts try civil cases only and appeals from it lie to the High court.
Bombay city civil court act, 1948 was passed by the Bombay legislature which created civil court just like Madras civil court.
The main reason to establish this court is to reduce the workload of High courts.
Calcutta civil court was established in 1957 under legislation passed by the west Bengal Legislature in 1953.
Village Panchayat Courts –
Village Panchayat is very old traditional system of law in Hindu India as well as Muslim India.
Art.40 Directive Principle in the Indian Constitution declares the state shall take steps to organize village panchyats and give them such powers and authority to enable them to function as units of self government.
Every state in India has enacted legislation to regulate the composition, constitution and powers of the village Panchyat.
Punjab Tenancy Act 1887
Punjab Gram Panchyat Act 1952
For me I think India does not need Panchayat system, India needs more educated judges and courts, the number of courts should be increased in India.
Only an educated person, layman, judge can give justice to any person.
Panchayat means it brings the ghost of caste and religion while giving the justice.
Justice should be always given without consideration of caste and religion.
Suggested Reading –
Part 24 – Indian Legal History - Indian High courts act 1861
Reality Views by sm –
Sunday, July 11, 2010
Provincial small cause courts –
In 1753 Courts of Requests were created in the three Presidency towns.
In 1850 Legislature abolished the courts of requests and established courts of small causes in their place.
These courts are the courts of minor jurisdiction and provide quick justice in cases of small monetary value.
These courts were constituted by the Provincial small cause’s courts act, XLII of 1860 which was amended by act of XI of 1865.
Again this act was replaced by new legislation, act IX of 1887.
The act gives power to state government to establish courts of small causes and these courts can take cognizance of civil suits up to a value of 500 rupees but state government may extend their jurisdiction to one thousand rupees.
Following types of cases are excluded from the purview of these courts.
• Suits regarding government acts
• Possession of immoveable property etc
A suit cognizable by a court of small causes is not to be tried by any other court.
The decision of small cause courts are final but the High Court exercises a power of revision.
A court of small causes is subject to the administrative control of the district court and to the superintendence of the High Court.
Advantage of small cause court is that speedy justice in petty litigation.
These courts follow summary procedure.
If civil judge is given this type of work, it loses all the merits and in small cases also people do not get the speedy justice.
A civil court was established in the Madras under the Madras city civil court act, VII of 1892.
In 1955 the state government took power under the act to extend its jurisdiction up to rupees 50,000.
These courts try civil cases only and appeals from it lie to the High court.
Bombay city civil court act, 1948 was passed by the Bombay legislature which created civil court just like Madras civil court.
The main reason to establish this court is to reduce the workload of High courts.
Calcutta civil court was established in 1957 under legislation passed by the west Bengal Legislature in 1953.
Village Panchayat Courts –
Village Panchayat is very old traditional system of law in Hindu India as well as Muslim India.
Art.40 Directive Principle in the Indian Constitution declares the state shall take steps to organize village panchyats and give them such powers and authority to enable them to function as units of self government.
Every state in India has enacted legislation to regulate the composition, constitution and powers of the village Panchyat.
Punjab Tenancy Act 1887
Punjab Gram Panchyat Act 1952
For me I think India does not need Panchayat system, India needs more educated judges and courts, the number of courts should be increased in India.
Only an educated person, layman, judge can give justice to any person.
Panchayat means it brings the ghost of caste and religion while giving the justice.
Justice should be always given without consideration of caste and religion.
Suggested Reading –
Part 24 – Indian Legal History - Indian High courts act 1861
Saturday, July 3, 2010
Part 22 – Indian Legal History – British Citizens and Company Courts in India
Part 22 – Indian Legal History – British Citizens and Company Courts in India -
Reality Views by sm –
Sunday, July 04, 2010
In beginning when Company established the judicial system in their Presidencies British citizens were exempt from the jurisdiction of the company courts.
As per Regulating act British citizens were only subject to the Supreme Court of Judicature at Calcutta.
But in 1793 Cornwallis started to reform this situation in Bengal.
Cornwallis was also a British Person.
Cornwallis Prohibited British citizens from residing beyond ten miles of Calcutta unless they executed a bond placing themselves under the jurisdiction of the mofussil diwani adalats in cases up to Rs.500.
Cases where amount was more than 500 Rs. were tried in the Supreme Court of Calcutta.
Madras and Bengal adopted this same law in 1802 through Regulation XVIII and Regulation III of 1799.
The section 107th of charter act of 1813 stated that British Citizens staying, trading and holding immoveable property at a distance of more than ten miles from the presidency town were subject to the company courts brought against them by the native people.
But British citizens got special right regarding appeal to the Majestys courts.
But that court also followed the same company rules.
Again in 1814 Lord Hastings reformed the civil law.
Munsiffs and sadar ameens were not allowed to take cognizance of cases in which a British or European or American citizen were involved.
Only district court got the authority to take cognizance, try cases against the British, European or American citizens.
Again law was changed.
Regulation IV of 1827 gave power to the Sadar Ameens to take cognizance of cases in which Europeans were party. This was the law up to 1831.
In 1831, Lord William Bentinck changed the law and munsiffs and sadar ameens were forbidden to try cases involving British or European or American citizens.
The charter act of 1833 gave British Citizens right to stay in India and purchase property in India.
Section 85 of the charter act of 1833 said that it is the duty, obligation on the government to protect Indians from insult and outrage in their persons, properties, religion and opinions.
Macaulay the first law member of the government of India [1833] was of the opinion that the judicial system should be uniform as far as possible and that no distinction ought to be made between one class of people and another.
In 1836 Legislative council of India passed the passed which took away the right of British people to file appeal in the Majestys court which they enjoyed as per the charter act of 1813.
In 1839 again law was passed act III declared that no person by reason of place of birth or descent be exempt from the jurisdiction of the revenue courts or munsiffs courts.
In 1843 English people were also brought under the munsiffs courts.
Munsiffs courts Indians were judges and in sadar ameens also Indians were judges.
Regarding criminal justice also same type of reforms kept happening but very slowly.
Suggested Reading –
Part 23 – Indian Legal History – Small Causes Court and City Civil Court –
Reality Views by sm –
Sunday, July 04, 2010
In beginning when Company established the judicial system in their Presidencies British citizens were exempt from the jurisdiction of the company courts.
As per Regulating act British citizens were only subject to the Supreme Court of Judicature at Calcutta.
But in 1793 Cornwallis started to reform this situation in Bengal.
Cornwallis was also a British Person.
Cornwallis Prohibited British citizens from residing beyond ten miles of Calcutta unless they executed a bond placing themselves under the jurisdiction of the mofussil diwani adalats in cases up to Rs.500.
Cases where amount was more than 500 Rs. were tried in the Supreme Court of Calcutta.
Madras and Bengal adopted this same law in 1802 through Regulation XVIII and Regulation III of 1799.
The section 107th of charter act of 1813 stated that British Citizens staying, trading and holding immoveable property at a distance of more than ten miles from the presidency town were subject to the company courts brought against them by the native people.
But British citizens got special right regarding appeal to the Majestys courts.
But that court also followed the same company rules.
Again in 1814 Lord Hastings reformed the civil law.
Munsiffs and sadar ameens were not allowed to take cognizance of cases in which a British or European or American citizen were involved.
Only district court got the authority to take cognizance, try cases against the British, European or American citizens.
Again law was changed.
Regulation IV of 1827 gave power to the Sadar Ameens to take cognizance of cases in which Europeans were party. This was the law up to 1831.
In 1831, Lord William Bentinck changed the law and munsiffs and sadar ameens were forbidden to try cases involving British or European or American citizens.
The charter act of 1833 gave British Citizens right to stay in India and purchase property in India.
Section 85 of the charter act of 1833 said that it is the duty, obligation on the government to protect Indians from insult and outrage in their persons, properties, religion and opinions.
Macaulay the first law member of the government of India [1833] was of the opinion that the judicial system should be uniform as far as possible and that no distinction ought to be made between one class of people and another.
In 1836 Legislative council of India passed the passed which took away the right of British people to file appeal in the Majestys court which they enjoyed as per the charter act of 1813.
In 1839 again law was passed act III declared that no person by reason of place of birth or descent be exempt from the jurisdiction of the revenue courts or munsiffs courts.
In 1843 English people were also brought under the munsiffs courts.
Munsiffs courts Indians were judges and in sadar ameens also Indians were judges.
Regarding criminal justice also same type of reforms kept happening but very slowly.
Suggested Reading –
Part 23 – Indian Legal History – Small Causes Court and City Civil Court –
Monday, June 28, 2010
Monday, June 21, 2010
Part 20 – Indian Legal History - Lord William Bentinck period – July 1828 to March 1835
Part 20 – Indian Legal History - Lord William Bentinck period – July 1828 to March 1835 -
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