East India Company

Description
How & when formed 31/12/1600. Formed for exploitation of trade East and Southeast Asia for spices
Powers of East India Compnay Originally Trading body for English merchants for spices. Later added such items as cotton, silk, indigo, saltpeter, tea, and opium
History 1st trading factory etablished in Masulipatnam
Established factories in other parts of India: Bombay, Calcutta (Kolkata), Madras, and Surat.
British eliminate other major trading powers, such as the French, Dutch, and Portuguese, to gain control of India.
1757, overthrew Nawab of Bengal,installing a puppet in his place.
In 1858, the rule of the EIC was transferred to the Crown, in the person of Queen Victoria, and the British Raj began.
The British Raj lasted until 1947, and during this time the British Parliament ruled the Indian subcontinent.
Mofussil faujdari adalat Court of Criminal hearings in all states. Presided by Kazi(helped by Mufti, Maulvies)
Collector had general supervision over the court
Mofussil Diwani adalat Court of Civil hearings in all states. Suits regarding marriage, inheritance, caste, other religious stages
Law of kuran for Mohmedians, Shastras for Hindus were applied.
Courts Court of Record: Mayor's court was called cor
Court of Circuit: Courts whose judges periodically travelled on pre-set paths(circuits) to hear cases from different areas
Cornwallis code A body of legislation enacted in 1793 by the East India Company to improve the governance of its territories in India
Code developed by Cornwallis who served as Governor of Bengal from 1786 to 1793.

(1639-1726) British Settlements

British Settlement in Bombay(pre-1726)

1661(King Charles-2(England) married Catherine of Braganza(Portugal)), who received Bombay as part of her dowry from Portugal.
Now bombay was with British Crown. 1668, EIC leased Bombay from the Crown for business and establishing Bombay as a commercial center.
Justice System (pre-1726)
Legal Matters: Disputes were often settled through negotiation or arbitration by prominent residents.
Mixture of English common law, Portuguese law, and local customs might be applied.
Lack of a codified legal system created confusion and inconsistency. period before 1726 saw the beginnings of a legal system in Bombay, but it was rudimentary and heavily influenced by the EIC's commercial interests.

British Settlement of Madras

(1639-1678) Stage 1: Early Settlement and Initial Judicial Structures

1639. EIC acquired a piece of land from the local Nayak ruler of the Vijayanagara Empire in 1639, establishing Fort St. George as their primary trading post.
Early administration was rudimentary, focused primarily on commercial interests and defense.
Justice of the Peace: These were company officials appointed to handle minor disputes, civil cases, and petty crimes
Disputes among Europeans were often settled through arbitration by senior company officials.

(1678-1687) Stage 2: Formalizing Judicial Institutions

1678(Choultry Court): 1st formal court in Madras. Choultry(means a resting place for travelers)
Choultry Court dealt with civil cases involving both Indians and Europeans within the company's jurisdiction
Composition: Presided by Chief of the trading post & assisted by senior company officials

(1687-1726) Stage 3: Establishment of the Mayor's Court

1687. Charter King James II granted a charter that established a Mayor's Court in Madras.
The court consisted of a Mayor and a number of Aldermen. Mayor and Aldermen were elected from among the British inhabitants of Madras.
Mayor's Court had the authority to try civil and minor criminal cases involving British subjects and other residents of Madras. Functioning of Mayor's Court:
  court followed English common law principles. It maintained records of cases and judgments.
  Appeals from the Mayor's Court could be made to the Governor and Council of Madras.

British Settlement of Surat. 1726

(1612-1664)Early Administration

1612. Establishment of Surat Factory: EIC established its first factory (trading post) in Surat in 1612 after obtaining permission from the Mughal Emperor Jahangir
In the early years, judicial matters were handled informally by the company’s officials. Disputes among company employees and between traders were settled by the Chief of the Factory and his council.

(1664-1687)Development of Judicial Structures

Formalizing Judicial Processes:
Chief of the Factory, along with senior merchants and officials, formed a council that dealt with administrative and judicial matters.
For civil disputes and commercial disagreements, arbitration and mediation were common. Relationship with Local Authorities
- Collaboration with Mughal Authorities:EIC often relied on the local Mughal authorities for handling serious criminal cases and disputes involving local Indian merchants.
- Faujdari Courts: Serious criminal offenses and significant disputes were referred to the Mughal faujdari (criminal) courts

(1687-1726)Establishment of More Formal Courts

Charter of 1687:
- This charter aimed to create a more structured judicial framework
Mayor’s Court in Bombay:
- This was established under charter 1687. Surat did not receive a Mayor’s Court at this time; instead, the council of the factory continued to handle judicial functions.
Judicial Practices in Surat:
- President or Chief of the Factory, continued to serve as the primary judicial body
Appeals and Higher Authority:
- Decisions of the council could be appealed to higher authorities within the EIC, such as the President and Council of Bombay. Serious matters and unresolved disputes could also be escalated to the Mughal authorities or referred to the Governor in Council in Bombay.

British Settlement of Calcutta. 1726

1600s Beginnings: EIC was given charter by Queen Elizabeth to do trade in the East Indies
1690, Job Charnock, an agent of the EIC, established a factory at Sutanuti(near to calcutta)
1696. Establishment of Fort William in Calcutta
  British took permission from Mughal Emperor to establish fort willam at calcutta but it was operating with limited power.

pre-1726 Justice System

There wasn't a uniform system.
Disputes involving British personnel might be handled by Company officials, while others might fall under existing Mughal courts
Company officials with no legal training often acted as judges, aiming for settlements rather than following a formal legal code.

1772. Warren Hastings' Judicial Plan

Warren Hastings was appointed as the Governor of Bengal
Administration and judicial systems in Bengal were inefficient and corrupt, necessitating reforms

Key features

1. Merged Revenue and judicial functions which was causing confusion and corruption
2. Created civil court:
  Diwani Adalats(in each district) presided over by European officers called Collectors.
  Sadar Diwani Adalat highest court for civil cased in Calcutta
3. Created Criminal court:
  Faujdari Adalats(in each district), seen by Indian judge known as the Qazi and assisted by Muftis
  Sadar Nizamat Adalat highest court for criminal cases.

1775, Raja Nand Kumar

Reasons for the suspicion surrounding this trial court

Raja Nand Kumar has accused Warren Hastings(Governor-General of Bengal) for corruption and financial misconduct

Supreme Court against Nand Kumar
Then British court accused Nand kumar for forgery and was tried by the newly established Supreme Court in Calcutta
Evidence presented against Nand Kumar was questionable, and the legal proceedings were perceived as biased.
Sir Elijah Impey(Chief Justice of the Supreme Court), was a close friend of Warren Hastings, refused bail to Nand Kumar
Nand Kumar was found guilty and sentenced to death by hanging. This was called Blatant miscarriage of justice
Trial and execution of Nand Kumar led to significant public outcry and protests
Trial raised serious questions about the independence and integrity of the newly established judicial system under British rule.

Acts

1773. Regulation act

Why Act was passed
Passed by the British Parliament to reform the management of the EIC affairs in India.
This act marked the beginning of British government intervention in the company's administration in India

Reasons for Passing the Regulating Act

1. Company Mismanagement:
- EIC was facing severe financial difficulties due to mismanagement and corruption among its officials in India. - The company had also accumulated substantial debt.
- EIC employees working in India, made huge wealth by bribery and exploitation and purchased shares of East India company
- Though EIC was in loss, but these employees were rich and started interfering in politics
2. Political and Administrative Chaos:
- numerous reports of administrative chaos, exploitation, and misrule by company officials
3. Dual Government Structure:
- Company had a dual system of government, with directors in London and governors in India, which often led to conflicting policies and inefficiencies
4. Public and Parliamentary Pressure:
- Growing concern in Britain about the company's conduct, both in terms of ethics and its impact on British trade and interests

Provisions of the Regulating Act

1. Governor-General of Bengal: Warren Hastings was appointed as the first Governor-General
2. Council of Four: Governor-General was to be assisted by a council of four members, appointed by the British Crown. This council had significant powers and could overrule the Governor-General by a majority vote.
3. Supreme Court at Calcutta: Supreme Court was established at Fort William in Calcutta. comprising a Chief Justice and three other judges, appointed by the British Crown.
4. Control by the British Government The company's directors were required to report their revenue, civil, and military affairs to the British government
5. Prohibition on Private Trade: Company officials were prohibited from engaging in private trade, which had been a major source of corruption and conflict of interest
Composition, Working, Jurisdiction of Supreme Court
Composition
1. Chief Justice: consisted of a Chief Justice and three puisne (associate) judges. The first Chief Justice appointed was Sir Elijah Impey.
2. Judges: judges were appointed by the British Crown. They were to be barristers of at least five years' standing in England or Ireland.
Working
- The court followed English legal procedures and practices.
- The court held regular sessions in Calcutta (now Kolkata) and dealt with both civil and criminal cases.
- Litigants could be represented by lawyers
Jurisdiction
Civil Jurisdiction: Handles disputes between British subjects and others, including Indians.
Criminal Jurisdiction: Supreme Court had the authority to try criminal cases involving British subject
Jurisdiction Over Natives: The court's jurisdiction over Indians was limited and contentious. Clash was due to clashed with traditional Indian legal systems and authorities.

Shortcomings of the Regulating Act:

1. Ambiguous Jurisdiction: jurisdiction of the Supreme Court was not clearly defined, leading to conflicts with the council and other local authorities
2. Council Conflicts: Governor-General and his council often had conflicting views, leading to administrative paralysis and inefficiencies.
3. Limited Scope: act primarily focused on Bengal and did not provide a comprehensive framework for the administration of all British territories in India
4. Continued Corruption: underlying issues of accountability and local governance were not fully addressed

Importance in Indian Legal History:

1. Beginning of British Legal Framework: marked the beginning of a formalized British legal and administrative framework in India.
2. Establishment of the Supreme Court:
3. Centralized Control:
4. Foundation for Future Acts: shortcomings and limitations of the Regulating Act led to further legislative interventions, such as the Pitt's India Act of 1784

1781. Act of Settlement (between Supreme Court & EIC’s governing authorities in India)

Reasons of 1781 Settlement

1. Clashes between Supreme Court & Supreme Council over jurisdictional matters
2. Administrative Disruption
3. Legal Ambiguities
4. Need for a Stable Legal Framework

Provisions of the Act of Settlement of 1781

1. Supreme court cannot give jurisdiction on EIC matters(neither its officers & servants)
2. Supreme court cannot give jurisdiction on revenue matters and cases involving Indian subject
3. Native laws & customs to be applied for Indian subjects
4. Provincial Courts established for handling local disputes and cases involving Indian subjects.

1784. Pitt's Act

Addressed shortcomings of the Regulating Act of 1773, named after Prime Minister William Pitt
AIM: To bring EIC under tighter control of the British government

Main Provisions of Pitt's India Act

Board of Control:
  Would be looking into civil, military, revenue affairs of the EIC in India.
  6 members(Chancellor, Secretary & 4 Privy Councillors appointed by the King.)
Court of Directors
  Control day-to-day administration and commercial activities of the Company
  political and military affairs needs approval from Board of Control.

Lord Cornawalis Judicial Plan

1790

Goal of Judicial System
Establish uniform, effective, corruption free judicial system
Provisions
1. Civil cases(property, contracts, and other matters)
  Mofussil Diwani Adalats(in each district): Had European judges.
  Sadar Diwani Adalat(highest) at calcutta
2. Criminal cases(property, contracts, and other matters)
  Mofussil Nizamat Adalats(in each district): Had European judges.
  Sadar Nizamat Adalat(highest) at calcutta
3. judicial and revenue functions were separated to prevent conflicts of interest

1793

Goals
Refine the reforms initiated in 1790.
Provisions
1. Cornawalis Code: Regulations and procedures were codified into a comprehensive legal framework, known as the Cornwallis Code.
2. Circuit Courts: travel through districts, handling serious criminal cases (like murder and robbery)
3. Restrucring: Mofussil Diwani Adalats and Mofussil Nizamat Adalats were restructured for better efficiency.
4. Procedures Simplified: Legal procedures were simplified to make them more understandable and accessible to the common people.
5. Protection of Local Customs: attempt to respect and incorporate local customs and laws.

1828-1835. Lord William Bentinck

He was Governor-General of India provided several progressive reforms

Key reforms

1. Abolition of Circuit Courts: Found inefficient and cumbersome
2. Commissioners replaced Circuit courts: responsible both revenue administration and criminal justice.
3. Civil matters: Sadar Diwani Adalat: Highest court
4. Criminal matters: Sadar Nizamat Adalat Highest court
5. Reorganization of District Courts
6. Abolition of Sati
7. Appointment of Indians in Judicial Roles
8. Trainings given to judges, salaries improved
9. abolished punishment of flogging(hitting somebody several times with a long thin piece of leather whip)
10. Initiated improvements in prison conditions

1861. High Courts Act

Objectives?
a. Reorganization existing judicial system in British India
b. Create more efficient and effective judiciary
c. Create uniformity in the administration

Key Provisions

Calcutta, Madras, and Bombay High courts established for civil, criminal cases
Abolition of Supreme Courts and Sadar Adalats
Judges of the High Courts were to be appointed by the British Crown, Judges could be either barristers with 10 years of standing or civil servants
1 Chief Justice and upto 15 associate judges

Rival Sets of Judicial Institutions Before the Act = Supreme Court, Sardar Adalat

Before the Indian High Courts Act of 1861, the judicial system in British India was characterized by two parallel & conflicting sets Supreme Court & Sardar Adalat

1861. Indian Councils Act

involve Indians in the governance of their country.
Circumstances Leading to the Act
Indian Rebellion of 1857
1858, British Crown assumed direct control of India from the East India Company
Need for Administrative Efficiency
Demand for Indian Representation: Indian leaders started demanding greater participation
Key Provisions
1. Expansion of Legislative Councils: included Indians as non-official members
2. Introduction of Non-Official Members: Appointed by the Governor-General and included distinguished Indians from various communities.
3. Decentralization of Administration: Viceroy can make rules now

1892. Indian Councils Act

expand the role of Indians in the governance of British India
addressing some of the demands for greater Indian participation in the administration
Members were given the right to ask questions on the budget, matters of public interest
Main Provisions
1. Introduce Elements of Electoral Representation
2. Address Indian political Aspirations:
3. Increased additional members in the central and provincial legislative councils: center(10 to 16), state(8 to 20)
4. Nomination by the Governor-General and Governors: given right to nominate non-official members to the legislative councils

1919. Government of India Act. Montagu-Chelmsford Reforms

Named after Montagu(Secretary of State for India), and Chelmsford(Viceroy of India)
Key Provisions
1. Dual form of government in the provinces
2. Two subjects: Transferred(education, health, agriculture, and local self-government), Reserved(law and order, finance, and irrigation)
3. Bicameral Legislature: Council of State (Upper House), Legislative Assembly (Lower House)
4. Expansion of Legislative Councils: Provincial Legislative Councils expanded. Central Legislative Council(increased the number of Indian members)
5. Franchise and Representation: Right to vote to a limited number of Indians based on property, tax, and education qualifications
6. Executive Responsibility: provincial governments were responsible for their respective legislatures
7. Separate Electorates:separate electorates for different religious communities, notably for Muslims
8. Establishment of Public Service Commissions

1935. Government of India Act

Aim: constitutional reforms and establish a federal structure in India
Federal Features of the Government Established by the Act:
1. Establishment of a Federation: establishment of an All-India Federation consisting of British India and the princely states. However, the federation never came into being as the princely states did not join it.
2. Division of Powers: divided powers between the Centre (federal government) and the provinces
&ensp: Federal List(central government) including defense, foreign affairs, and currency.
  Provincial List(provincial governments) including police, education, and public health.
  Concurrent List(both the central and provincial governments) including criminal law and civil procedures
3. Bicameral Federal Legislature: Upper house, lower house
4. Executive Authority: Governor-General(same as PM), governor(same as CM)
5. Judicial Independence: establishment of a Federal Court, which was the precursor to the Supreme Court of India.

1935. Federal Court in India

Why?

Bridge gap between high courts(India) and the Judicial Committee of the Privy Council(London).
Introduction of Federal Structure: Judicial body needed to handle disputes between the central government and states(provinces).
Federal court can provide advisory opinions to the Governor-General

Composition

1 Chief Justice and a maximum of 6 other judges. The judges were appointed by the British Crown.
Judges experience at least five years or barristers with at least ten years of standing.
Judges of the Federal Court held office until they reached the age of 65, or removed by crown.

1947. Indian Independence Act

led to creation of two independent dominions, India and Pakistan.
Act marked the end of British rule in India and established the legislative framework for the transition to independence
Main Provisions
1. Partition and Creation of Two Dominions: effective from August 15, 1947
2. End of British Rule: princely states given the option to accede to either India or Pakistan or remain independent
3. Governor-General and Provincial Governors: two new dominions would have a Governor-General, appointed by the British Crown but acting on the advice of the respective dominion's government.
4. Legislative Powers: India and Pakistan can frame their respective constitutions
5. Division of Assets and Liabilities: division of the assets, liabilities, and armed forces between India and Pakistan.
6. Rights of existing officers: rights and privileges of the existing officers and employees were to be preserved until the new governments made alternate provisions

1950. Supreme Court of India

During the drafting of the Indian Constitution, the Constituent Assembly decided to establish a Supreme Court of India as the apex judicial authority
With the establishment of the Supreme Court, the practice of appealing to the Privy Council, It stated that all appeals and petitions pending before the Privy Council would be transferred to the Supreme Court
Art-374. Federal Court of India would cease to exist and all cases pending before it would be transferred to the Supreme Court.
Supreme Court serves as the highest appellate court in India for both civil and criminal cases.
Article 143, the President of India can seek the Supreme Court’s advisory opinion on matters of law or fact.

History of appeals in privy council

1726. Mayor’s Court(disputes among europeans, indians) in Madras, Bombay, and Calcutta
1773. Supreme Court established in calcutta. Appeals can be done to Privy Council in London

Appeals process (Civil)

High Courts, Sadar Adalats(for indian population) > Appeal to Privy Council.
Appeals only for monetary value or complex cases

Appeals process (Criminal)

High Courts(Calcutta, Bombay, and Madras) > Appeal to Privy Council.
Appeals only for secrious cases only

History of writ jurisdiction in india

1773.Establishment of the Supreme Court(Calcutta) can issue writ(such as habeas corpus, mandamus, prohibition, certiorari, and quo warranto)
Other Supreme Courts: 1801(Madras), 1823(Mumbai) also had power to issue writs
1861(High court) replaced the Supreme Courts and Sadar Adalats had power to issue writs
1950. Articles 32, 226 of Constitution provided for writ jurisdiction
Types of writs(Habeas corpus, Mandamus, Quo-Warranto, Certirorari)

Present Judicial System available in India with reference to State of UP


                        Supreme Court
                            \/   
                        High Courts
                            \/
                        Suordinate Courts
                            \/
                        District & Session courts
                            \/
                        Additional District & Session courts
                            |
                -----------------------------------------
                |               |                       |
            Civil courts    criminal courts     criminal courts at metropolitan area
                |                       |
    -----------------------             |
    |           |          |            |
    JSCC        CJSD    CJJD            |
                        -----------------------------------------
                        |               |           |           |
                        Assitant SJ     CJM         JM      special 
                                                            judicial
                                                            majistrate

Codification

Process of compiling and systematizing laws into written code

Importance of Codification in the 19th Century

1. Legal Clarity and Consistency: Prior to codification, laws were often scattered across various sources, including(statutes, customary laws, judicial decisions, and royal decrees)
2. Industrial Revolution and Social Change: Codified laws could be updated and expanded to address emerging issues related to commerce, labor, property rights
3. Colonial Expansion: European colonial powers, such as Britain and France, were expanding their empires, including in regions like India and Africa. Codification helped impose a uniform legal system in colonies
4. Codification was seen as a means to modernize legal systems
5. The success of landmark legal codes, such as the Napoleonic Code (1804) in France, inspired other countries to undertake similar codification efforts

Examples of Codification Efforts in the 19th Century:

1. Napoleonic Code (1804):
  it systematized French civil law(individual rights, property rights, and secular legal principles.).
2. 1860 (Indian Penal Code):
  Drafted by Lord Macaulay.replaced a diverse set of laws influenced by various customs, traditions, and colonial regulations
3. 1900. German Civil Code (BGB)
  systematic approach to codifying civil law, influencing legal systems in Europe and beyond.

Development and codification Hindu Law

(1757-1857)Early Period:
  Hindu and Muslim laws were administered by traditional authorities and local courts.
  In inheritance, marriage, caste, and other religious usages, Hindus would be governed by their own laws.
Role of Pundits:
  British judges often relied on Hindu pundits (scholars) to interpret and apply Hindu law, they refer Manusmriti, Mitakshara, and Dayabhaga.
Translation of Legal Texts:
  British initiated the translation of key Hindu legal texts to facilitate their understanding and application in courts. For example, Nathaniel Brassey Halhed’s translation of the Manusmriti in 1776.

(1857-1947)Later Period
Codification Efforts:
  British recognized the need to codify Hindu law to ensure consistency and reduce reliance on pundits, whose interpretations could vary.
Specific Legislative Acts:
  Hindu Widows' Remarriage Act, 1856: Allowed Hindu widows to remarry.
  Hindu Gains of Learning Act, 1930: Clarified that income earned through learning or education was the exclusive property of the individual who earned it.
Judicial Precedents:
  British courts began to play a significant role in shaping Hindu law

Development and Codification of Muhammadan (Islamic) Law

(1757-1857)Early Period:
  Similar to Hindu law, Islamic law was initially administered according to traditional practices with qadis (Islamic judges) and muftis (Islamic legal scholars) playing key roles
  Translation of Legal Texts. For instance, Charles Hamilton’s translation of Hedaya, a major Hanafi legal text, in 1791.

(1857-1947)Later period
Codification Efforts.
  The British made several attempts to codify Islamic law, focusing on areas where inconsistencies or conflicts arose.
Specific Legislative Acts:
 The Muslim Personal Law (Shariat) Application Act, 1937: Ensured that all Muslims in India would be governed by Islamic law in matters of personal law, replacing customary practices that had crept in over time.
Judicial Precedents:
  British courts also influenced the development of Islamic law through landmark judgments.

Reforms

Sir john shore

Zamindar should be recognized as owner of the land

Weiliesly

Establishment of the Indian Civil Service, Board of Revenue in each province, Codification of Hindu law

Morley–Minto

Muslim members were to be elected by only Muslim voters
Civil Changes: Sadar diwani adalat
It was handed over to 3 judges(No more interference of governor). Number of judges increased more.
Power of Majistrates Enlarged: Now Majistrates can also trail the accused persons.

Lord Hastings

judicial powers of the Zamindars were abolished
Civil and criminal courts were established
2 appellate(recognizing appeals) courts were established at Calcutta, 1 for civil(Sadar Diwani Adalat) and 1 for criminal (Sadar Nizamat Adalat).
The criminal court was to have an Indian judge

Lord Amherst

Sardar ameens given salaries inplace of commissions.
Majistrates & Superintendents could grant pardon to abetters of crime

Ramsay MacDonald (Communal Award 1932)

Seats were alloted to muslims, sikhs & europeans
Retention of separate electorates(all the people in a country or area who are entitled to vote) for Muslims, Sikhs and Europeans

Conferences

(Nov 1930)1st Round Table

Simon Commmision Report(India be given dominion status with complete internal self-government)
Report was condemened by Indians, All Congress men(including Gandhi) were put in jail
British govt called 1st Round table conference(in London). From India Maharaj of Bikaner, Mirza Ismail went
After long discussion, 3 principles came: India was to develop into a federation, there were to be safeguards regarding defence and finance, while other departments were to be transferred
Congress Leader continue civil disobedience movement, Hence 1st round table conference failed.

Indian high court act 1911

Allowed establishing new High Courts and increasing the maximum judges to 20
Discusses the Bombay High Court's history, jurisdiction, & the transition to the Supreme Court of India in 1950

Govt of india act 1915

High court was deprived in matter of revenue. Written orders of governor general could protect any person.

Plan

Wavell's Plan

After 1940, Indian movement for freedom was increasing
For India to give independence, Viceroy's council would be formed(members: Viceroy, Commander, other indian leaders)
All communities(muslims, hindus) would be present in committe in equal proportion

Mountbatten(last Viceroy of India) Plan 1947

Proposal for the partition of British India into two independent dominions: India and Pakistan.
Dominion Status: Both India and Pakistan were to be granted dominion status within the British Commonwealth, similar to Canada and Australia. This meant they would be self-governing countries but would still recognize the British monarch as the head of state.
Princely States: The 100s of princely states that existed within British India were given the option to accede to either India or Pakistan
Plan was accepted by both the Indian National Congress and the Muslim League, leading to the Indian Independence Act of 1947

Shimla conference 1945

For creating proper atmosphere for Wavell's plan discussion, all political leaders were freed and some for called for a Meeting between Indian political leaders and British officials to discuss India's future.
The Cabinet Mission Plan was a proposal in 1946 by the British government to establish a framework for India's independence. Elections announced, Congress secured all general and muslim seats.

White paper 1933

British government issued a White Paper outlining a new constitution for India. This came after a series of Round Table Conferences aimed at discussing Indian self-rule
Basis for Government of India Act 1935: The White Paper's ideas formed the foundation for the Government of India Act of 1935, which introduced limited provincial autonomy in India

Pacts

Gandhi-Irwin Pact. 1931

Lord Irwin(Viceroy of India), Gandhi(Leader of the Indian National Congress (INC)
Aim: To end to the ongoing Civil Disobedience Movement, salt satygrah launched by Gandhi in 1930
Key Points of the Pact:
  Suspension of Civil Disobedience
  Release of political prisoners, Withdrawal of ordinances introduced to curb the movement
  Allowing Indians to manufacture or collect salt for domestic consumption near the coasts
Outcomes:
  temporarily halted the Civil Disobedience Movement.
  it marked a turning point by demonstrating the effectiveness of non-violent resistance and the British government's willingness to negotiate.

Charters

Charter means official documents issued by the British Crown to the East India Company (EIC) granting certain privileges.

Charter of 1726

Majorly for Bombay, Calcutta, and Madras.
Establishment of a Uniform Judicial System:
Prior to 1726, the legal system lacked uniformity and relied on a mix of English common law, Portuguese law, and local customs.
The Charter introduced a standardized system based on English Common Law principles for the presidency towns.
This aimed to bring consistency and predictability to the legal process.
Creation of Mayor's Courts:
The Charter established a Mayor's Court in each presidency town.
The Mayor's Courts primarily handled civil cases between British subjects residing within the towns.
Limited Jurisdiction
Judicial system only applied to British subjects and those residing within the specific presidency towns.
Still Indian population remained under the jurisdiction of traditional courts or other arrangements.

Mayor's Court(established under charter 1726)

Composition
President: Mayor(elected annually by the aldermen
Aldermen: 9. who were prominent members of the community. They were initially appointed by the British Crown but later elected by the existing aldermen.
Bailiffs: 2. responsible for executing the court's orders and serving writs.
Jurisdiction of the Mayor's Court
1. Civil Jurisdiction: try civil cases involving British subjects and others residing in the Presidency towns (Calcutta, Bombay, and Madras).
2. Criminal Jurisdiction(limited): try minor criminal cases but more serious offenses were typically referred to higher courts or the Governor in Council.
3. Probate and Testamentary Jurisdiction: dealt with the administration of wills and estates of deceased persons within its jurisdiction.
Working of the Mayor's Court
Court Sessions: held regular sessions. The Mayor and aldermen, sitting as judges, heard cases
Legal Procedures: litigants could be represented by advocates. The court maintained records of its proceedings and judgments.
Appeals: Decisions of the Mayor's Court could be appealed to the Governor in Council and, in certain cases, to the Privy Council in England.
Improvements over the Mayor's Court of 1687
Formalization and Structure: more formal and structured judicial system
Broader Jurisdiction: especially in civil matters
Election Process: annual election of the Mayor, aldermen provided a degree of local representation and accountability
Appeal Mechanism: earlier was not present.
Cases
1730. Shimpi Woman converted to Christian
Lady became catholic, her 12 son left to live with relatives in bombay.
Lady went to Mayor's court, who ordered relatives to return son.
Relatives went to Governor's council: who ordered Mayor's court not to interfere in caste matters

1930. Arab Merchant:
Arab merchant was looted at coast of Gujrat. He filed case in Mayor's council and later on in governor council.

Charter 1753

Key Defects of the Charter of 1726

1. Limited criminal Jurisdiction: primarily handled civil cases
2. Delyed Appeal Process: Appeals had to go to the Governor in Council and, in some cases, to the Privy Council in England, causing delays.
3. Enforcement Power: issues with the enforcement of the court's orders and judgments, which were sometimes disregarded or challenged
4. Administrative Inefficiencies: lack of clear procedures and resources

Improvements under the Charter of 1753

1. Enhanced Jurisdiction: The jurisdiction of the Mayor's Court was clarified and expanded to cover a broader range of civil and criminal matters
2. inclusion of professional judges with legal expertise
3. Appeals was streamlined to reduce delays.
4. Improved Administrative Functioning: record-keeping and procedural clarity.
5. Enforcement Mechanisms: Strengthened enforcement mechanisms with Collaboration with Local Authorities

Impact of the Charter of 1753

Improved Justice Delivery
Greater Confidence in the Legal System
Foundation for Future Reforms

Charter Act 1833(Saint Helena Act)

passed by the British Parliament and came into effect on April 22, 1834.

Main Provisions

1. Centralization of Administration:
  transformed the office of the Governor-General of Bengal into the Governor-General of India
  Governor-General's Executive Council was expanded to include a fourth member, a Law Member
2. Legislative Powers:
  Governor-General granted exclusive legislative power over all British territories in India.
3. End of Commercial Activities:
  EIC transformed into a purely administrative and political body(ended the commercial activities)
  The act introduced the principle of free trade, allowing British merchants to trade freely in India
4. Law Commission:
  establishment of a Law Commission to review and codify Indian laws
5. Civil Service:
  introduced the concept of open competitive examinations for the recruitment of civil servants.
6. Territorial Expansion:
  extended the EIC's rule over all British-controlled territories in India
(1833)1st Law Commission
Charter act gave 1st Law Commission in 1833, which was established in 1834
Chairman Lord Macaulay, its primary mandate to codify Indian laws which were mixture of local customs, religious laws, and British regulations.
Aimed to simplify the legal system and make it more accessible to the general population.
Abolition of Various Practices: Sati (the burning of widows)
Key Recommendations:
  1. Indian Penal Code (IPC): Drafted IPC completed in 1837 & enacted in 1860, which is comprehensive criminal code
  2. Civil Procedure Code (CPC):procedure for civil cases
  3. Criminal Procedure Code (CrPC): for uniform criminal procedure
Assessment of Its Work
1. Legal Reform:
2. Long-term Impact: taken even after independence.
3. Cultural and Social Sensitivity: imposition of British legal principles sometimes overlooked the complexities of Indian society.

Charter 1853

passed in the British Parliament to renew the East India Company's charter
Council now expanded to include: Governor, Governor general, Lt governor
(1853)2nd law commission
Charter act 1853 gave 2nd Law Commission, refining and expanding the legal codes and addressing specific legal issues from 1st law commission
Chariman, Sir John Romilly
Key Recommendations:
  1. Indian Contract Act: Drafted contract act and enacted in 1872
  2. Transfer of Property Act: enacted in 1882
  3. Indian Evidence Act: drafted in 1872
  4. Civil and Criminal Procedure reforms
  5. Small Cause Courts Act: establishment of Small Cause Courts, which were set up to handle less complex and low-value cases
(1863)3rd law commission
Refining and expanding the legal codes and addressing specific legal issues from 2nd law commission
Chariman(Sir Charles), jurist(Henry Maine), judge and legal expert(John Macleod)
Key Recommendations:
  1. Indian Succession Act: Drafted act by 1865
  2. Local and Special Laws:
  3. Law of Contract and Torts:
  4. Court Procedures and Administration of Justice:
  5. Further Codification and Consolidation:

Cases

Jurisdictional conflict between the Supreme Court and the Supreme Council.

Kamaluddin Case (Example of ambiguities in the application of English law in India)

Kamaluddin(a merchant) was involved in a financial dispute.
EIC officer arrested Kamaluddin, Supreme Court Chief Justice(Sir Elijah Impey) issued writ of habeas corpus against illegal detension of Kamaluddin
EIC officials argued that SC did not have the authority to interfere in matters involving native Indians which is under the company's administration.
Supreme Council(led by Governor-General Warren Hastings) opposed the Supreme Court's decision.

Patna Case(Conflict b/w Supreme Court and Supreme Council)

SC arrested Raja Shitab Roy(deputy of the Nawab of Bengal) on charges of conspiracy and misconduct
This order bypassed authority of the EIC’s administrative apparatus, this was direct challenge to the Supreme Council’s authority
This was conflict b/w Powers of the Supreme Court and powers of the Supreme Council.
Nature of the case and the manner in which it was handled led to public outcry and resentment

Cossijurah Case

Shyama Charan Dey(Zamindar) imprisoned a man named(Ram Chunder Dutt) in Cossijurah(small village in Bengal).
Ram Chunder Dutt’s brother filed a petition of habeas corpus before the SC of Calcutta & Court directed the zamindar to produce Ram Chunder Dutt before the court.
EIC’s administration, resisted the enforcement of the Supreme Court's order, saying SC had no jurisdiction over local disputes involving native subjects under Company rule.
Sheriff of Calcutta(on orders of SC), traveled to Cossijurah to enforce it who was arrested by the local authorities(Coucil).
Supreme court(led by Chief Justice Sir Elijah Impey) viewed the arrest of its officers as a direct challenge to its authority and should be released immediately.
Supreme Council(headed by Warren Hastings) said whatever done by local authorities is correct
Dispute rose to level that military intervention was just avoided, Sheriff was released.