Post on 23-Feb-2018
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JUDICIAL SCHEME OF 1793:BY: LORD CORNWALLIS
NLUO, CUTTACK
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Reformations made:
Reorganisation of muffosil Diwani Adalat-
Civil servant of the company appointed as judge having
civil and revenue powers;
MAL Adalat got abolished;
Suits of MAL Adalat now to be tried by Muffosil Diwani
Adalat;
Collectors were deprived of their judicial powers
[revived only by Sir John Shore in1795 ]
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Executives Subject to Judicial Control
All British subjects including Collector is triable for
any wrongs; even during official capacity;
Trial to happen in any court
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Diwani Adalat to have jurisdiction over
British Subjects
Matters to be Civil,
Value of suit not exceeding Rs.500
Above Rs. 500- Supreme Court at Calcutta
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Provincial Court of Appeal
Original Jurisdiction;
Appeal from MDA
No pecuniary limit
Charges against Sub-ordinate judges could be
taken into consideration
Decision final upto Rs.1000/- and above that
appeal to SDA.
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Re-organisation of SDA
G.G+ Members of the Supreme Court
Received appeals from Provincial courts
Further Appeal to King-in-Council
Matter related to corruption and incompetency of
judges to be tried by SDA
Supervision power over the lower courts
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MunsiffsCourt/ Native Commissioner
Power to try civil suits upto Rs. 50/-
Basically they were landlords and Head Farmers
Decision was appealable to MDA
Second Appeal to Provincial Courts
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Registrars Court
Company Servant
Small civil cases were under his jurisdiction (upto suit
value 200)
All decisions needed to be counter signed by the
Judge of the Adalat
Sir John Shore (1795) introduced- Registrar to
maintain REGISTER containing details of cases
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Abolition of Court Fee
All suits were welcome to be tried without
restrictions (1793)
Sir John Shore in 1795 revived the court fee.
1797- Heavier court Fee was imposed and the
same was collected by the name STAMP DUTY
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Security of Tenure
Indian law officers tenure were secured
G.G was the appointing and dismissal authority
They could be tried for Corruption
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Administration of Criminal Justice
Judges were made only Administrative head and
their judicial powers were vested with the judge of
MDA
Court of Circuit and Provincial Courts were merged
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Legal Profession
Regulated
Person looking for practice needed to obtain a
certificate (Sanad)
Could be removed for Misbehaviour
They were entitled to Fee prescribed and the fee
was to be paid to the court.
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Cornwallis in his second Tenure (1805)
Chief judge of the SDA and SNA not to be
appointed as the judge of Supreme Court.
SDA and SNA judges must be companys civil
servant (who could devote more time for thefunctions entrusted)
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Government of India Act, 1858
Vast territorial acquisition of Indian territory by the East
India Company continued till 1857.
First war of Independence happened in 1857.
British Parliament issued Government of India Act to
control the administration and that brought an end to
the 250 years rule of EastIndia Companyin India.
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Basic Provisions:
Court of Director and Board of Control gotabolished
India will be governed BY and in the NAME of her
Majesty- the queen of England G.Gs designation got changed to Viceroy(when
dealing with Indian states) and G.G. (when dealingwith Indian Citizen) of India
Secretary of State was appointed for India, withcasting vote and right to decide over the policydecision on behalf of the Crown
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Contd.
Secretary of State and council- Body corporate-can SUE and be SUED
G.G to administer the Indian territory on behalf of
the Crown Honor would continue to all the TREATIES made
earlier by the COMPANY
All Treaties and Revenue were transferred to the
Crown G.G-Viceroy to be appointed by the Crown; and
members of his council by the Secretary of State
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Contd.
Secretary of State had absolute power to dispatchsecret letters
Council was a MORAL CHECK on the Secretary of
State Assured the Indian Princely states that no further
territorial extension will take place by the Crown
Rights of the princely states, Religious right, Customs
were recognized to be protected All appointments to service on behalf of the crown
was to be made on the basis of : ability; integrity;without discrimination
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Government of India Act, 1858
First move towards framing the Constitution of India
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Indian Councils Act, 1892
Did not satisfy the aspirations of Indian people
Inclusion of non-official members in the council-
scope for popular representation
Rule of ELECTION was defective as it was
dependent on Numerical Strength
Result:
Economic condition of Indian started deteriorating Resulted in Unrest
Lord Curzon started suppressing the unrest by use of power
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Contd.
Partition of BENGAL fanned the movement and
resulted in Swadeshi Movement of 1906
Swaraj was demanded by the moderates
News papers ignited the movement (Kesari,
Maratha et al.)
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Indian Councils Act 1909
Lord Minto (G.G of India) and John Morelet
(Secretary of State)- brought in reforms:
Administrative Reforms at England- 2 indians were
appointed as members of Indian Council
(Consultative Body)
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Changes in India:
Composition of Central Legislative Council:
Number increased from 16 to 69; dominated by
official representation from the G.G.
Provincial Executive Council
Composed at all provinces including Bengal, Bihar andOrissa; Indians were made Executive Members
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Contd.
Provincial legislative Council
Number of councils were increased but varied from
province to province;
Appointment of Indians in the Executive Council
2 Indians were appointed in the Indias Council; 1
Indian appointed in the Viceroys Executive Council;
Indians were also appointed to the Provincial Council
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Contd.
Introduction of Communal Representation
Act favored the Muslims in facilitating their rights in terms of
proportion
Vice- President
G.G, Governor of presidencies and Lieutenant Governor
having executive council to appoint vice-presidents; they
could preside over the meetings on their behalf
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Merits
Size of the Legislative council was increased
Non-official majority was provided in the provincial council
Indians were made appointed to the Executive Council
Act introduced the theory and practice of Election
Facilitated indian to get trained in the art of Governance
Power of the Councils substantially increased
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Criticisms:
The Act gave serious blow to the National Solidarity
(Communal representation)
Act also facilitated indirect election (selection by GG)to the imperial council
Act failed establishing Responsible government
Legislative council had no control over the Executive;
and the executives were the POWER CENTERS
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Government of India Act, 1919
Montague- Chelmsford Reforms
Government of India Act, 1909 did not meet the
popular requirements of self-government
As, Official block in the council always voted for the
Government without considering merits of the Indians.
Annie Besant and Tilak; started Home Rule League
demanding for self government
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Contd.
British government utilized force to suppress the
mass protests and demand of self government
Legislated some Black Acts i.e.
Seditious Meetings Act
Indian Press Act
Criminal Law(Amendment) Act
All these Acts provided vast power to thegovernment to: Send anyone on Exile and to check
Lawlessness
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Reforms:
World war-1 started and India supported United
Kingdom; in return expected reward in terms of
self-government
The committee, looked for the possibility of
associating Indians in the administration more.
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Objects of the Reforms:
Provide for increasing association of Indian in every
branch of Indian Administration
To establish responsible government in India and
British India would be an integral part of BritishEmpire
Provide for gradual development of self governing
institutions Provide the provinces largest measures of
independence in provincial matters.
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Feature of the 1919 Act;
Home Government of India:
Secretary of state for India; Indian council was
established to assist the Secy. Of state; Secy. Of State-
in-council was called as the HOME GOVERNMENT of
INDIA; High commissioner was appointed to act as an
AGENT- In charge of STORE and DEPARTMENT of
INDIAN TRADE
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Central Government;
GG and Council- Central executive; greater
freedom was given to the council; Civil and Military
government was vested with the GG-in-Council;
GG to act over the advice of the Council; but could
Overrule such suggestions;
GG had direct contact with the secy. Of state and was
appointed by the King
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Contd.
GG was the chairman of the council and to summon
meetings; make rules for all transactions
GG could summon and dissolve the Central legislature;
could extend the term of the central legislatureGG ceased to be the president of the Legislative
Assembly but retained the power to nominate the
president
GG had the power to issue ordinances during recess ofthe legislative council
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Central Legislature;
Setting up of Bicameral system of legislature at the
centre;
Council of States (Upper House)
The Legislative Assembly (Lower House)
No Bill passed by the Central legislature could become
an Act unless gets an Assent from the Governor
General
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Provincial Government;
Provincial executive; Governors provinces were
created;
One government was ruled by Two independent
authhorities Known as - DYARCHY this means- Rule byTWO
Provincial government was to be ruled by the
Governor with the help of executive council and
legislature- thereby creating Legislative Council
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Contd.
Provincial Government had two sub divisions:
Transferred subjects
Local senf govt, education; public health; sanitation; public works;
agriculture; co-operative societies; religious and charitable
endowments; registration of birth and deaths etc.
Reserved Subjects
Irrigation; Administration of Justice; development of industries;development of mineral resources; police; water supplies; land
revenue and land acquisition etc,
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Power of the Governor in the province;
Bill passed by the provincial legislature needed an assent of
the governor
Governor was empowered to dissolve the legislative councilbefore the expiry of the tenure
Governor could pass legislation connected to a subject from
the reserved subjects
Governor could certify the need of any such laws for the
governance in his jurisdiction; and he also could deny the
implementation of any rule that affects the law and order
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Contd.
Governor could impose restriction on any discussion
on matters related to bill in the legislative council
Decision of the Governor was final for any matters
related to the subjecting in the list Governor with the help of his executive councilors
was to administer the reserved subjects
For the first 4 years; Governor was empowered toappoint the President to preside over the Legislative
council