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JUDICIAL SCHEME OF 1793:

BY: LORD CORNWALLIS


NLUO, CUTTACK

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 ]

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

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

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.

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

Munsiffs Court/ 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

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

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

Security of Tenure

Indian law officers tenure were secured


G.G was the appointing and dismissal authority
They could be tried for Corruption

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

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.

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 the
functions entrusted)

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 East India Company in India.

Basic Provisions:

Court of Director and Board of Control got


abolished
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 dealing
with Indian Citizen) of India
Secretary of State was appointed for India, with
casting vote and right to decide over the policy
decision on behalf of the Crown

Contd.

Secretary of State and council- Body corporatecan 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

Contd.

Secretary of State had absolute power to dispatch


secret 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

Government of India Act, 1858

First move towards framing the Constitution of India

Indian Councils Act, 1892

Did not satisfy the aspirations of Indian people


Inclusion of non-official members in the councilscope 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

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.)

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)

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 and

Orissa; Indians were made Executive Members

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

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

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

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

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

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 the


government to: Send anyone on Exile and to check
Lawlessness

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.

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 British
Empire
Provide for gradual development of self governing
institutions
Provide the provinces largest measures of
independence in provincial matters.

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 Statein-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

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

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 legislature
GG 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 of
the legislative council

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

Provincial Government;

Provincial executive; Governors provinces were


created;
One

government was ruled by Two independent


authhorities Known as - DYARCHY this means- Rule by
TWO
Provincial government was to be ruled by the
Governor with the help of executive council and
legislature- thereby creating Legislative Council

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,

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 council

before 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

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 to
appoint the President to preside over the Legislative
council