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Judicial System Before 1947.odt
Judicial System Before 1947.odt
By
Y. SRINIVASA RAO,
Bhimavaram.
The British ruled India for a period of almost about 190 years. Yet, the
English set up a poor copy of the British judicial system as Indian judicial
system.
HIGHLISHTS:
-Dravidian- the local inhabitants of India had established their own
system of Judiciary.
-The Arabs entered into India in 712. A.D: They introduced Qazi
system for criminal cases in the areas of their influence while retained the
old panchayat system as to civil cases.
- Having the Turkish occupied and took control of the Mediterranean Sea,
the European trade was totally at the mercy of the Muslims. Ultimately, a
new trade route was discovered to reach Asia . The English started
changing the prevailing judicial system in India in order to strengthen
their power.
- Sea route: In 1498, Vasco de Gama discovered sea route to India and
reached the port of Calicut. Thus, the Portuguese, the first Christian
nation, came to our country. Their policy is ''Divide and Rule''.
- The British, the Danes, the Dutch, and the French reached India:
After arrival of Portuguese, the British, the Danes, the Dutch, and the
French also reached India. All of these nations came to India for trade.
But, out of them, the English people succeeded to establish their power in
India. The Governor and company were authorized to make laws.
However, owing to limited legislative right, it led to establish a new
Judicial system in India.
- Elizabeth I`s charter during the year 1600: Because of this charter,
the East India Company empowered it to make laws, constitutions, orders
and ordinances as necessary for the governance of its servants. Thus, the
East India Company empowered to impose punishments subject to
English laws and customs.
In 1609, after reaching the court of Emperor Jehangir, the English
expressed their desire intention for permission to them for settlement at
Surat.
In 1624, the first judicial power that was granted to the company by the
King of Britain: On the request of the East India Company, King James 1
granted the judicial powers to punish civil and military personnel of
company in India by martial as well as municipal laws.
In 1639, Inasmuch as Francis Day obtained the lease of a land from the
ruler of Chandragiri, It became a foundation of new city "Madaras". Thus,
the Fort St. George was become the first fort in India by the East India
Company.
-In 1661, the Charter Act which was granted by Charles II (1630-1685),
made provision for the use of English criminal law in India.
-On 2nd February 1670, Gerald Aungier, who was the Governor of
Bombay, initiated a scheme for the first provision of justice in Bombay.
He established two precincts of justice, each with five Englishmen.
Appeals from these bodies were sent up to the Deputy-Governor and
Council for hearing. At this appellate level all trials were held with juries.
-On 16th August, 1672, Wilcox, who was Judge of the Bombay Court of
Judicature, started a Court of Conscious. Because of this, even the poor
could receive free justice. It worked every Saturday.
-In 1686, the Madras Court ceased operation in favour of the Court of
Admiralty. Cases could also be accepted by the latter Court from the
Madras Mayor`s Court.
-In 1690, For a time the Deputy Governor and Council handled some
judicial matters inasmuch as no Judge remained to ensure the continuance
of the Court of Judicature due to Sidi's attac in Bombay.
-In 1698, the Company also acquired zamindari rights at Sutanati and
Govindpur.
-In 1726, the Crown granted Letters Patent which provided for the re-
establishment of a Mayor`s Courts, which practiced English common and
statue law, in Madras, Calcutta, and Bombay. They were composed of the
Mayor and nine Aldermen, seven of whom were required to be British
subjects. They possessed jurisdiction in civil cases with appeal to the
Governor-in-Council and later to the Privy Council in case of the value
exceeded 4000 rupees.
-In 1753, Because of the measures of the 1726 Charter Act, the new
Charter Act modified the jurisdiction of the Mayor`s Court in Bombay,
Madras and Bengal. This Act vividly explained that with the consent of
both parties , the cases between two Indians could only appear before the
Mayor`s Court. This Act provided for a Court of Record, consisting of the
President and Council to hear appeals from the Mayor`s Court.
-In 1754, As the Royal troops arrived to India, the terms of the Mutiny
Act and the Articles of War made applicable to Company`s military
forces.
-The result of Plassy,in 1757, paved the way for the British conquest of
Bengal and eventually of the whole of India.
-In 1765, in Bengal, Nawab granted dewany to the East India Company
that led the responsibility for working Dewany Courts not only in Bengal
but also in Orissa and Bihar.
-On 15th August 1772: Role of Warren Hastings: 1) The first British
Indian law code, in Bengal, Bihar and Orissa, was introduced during
Hastings period. 2) Two courts viz the Fajudari adalat and the Dewani
adalat were introduced. The Fajudari adalat dealt with criminal cases and
the Dewani adalat dealt with Civil cases. 3) Besides that the Sadar
Dewani adalat, as court of appeal in civil cases, and the Sadar Nizamat
adalat as criminal cases appeallate court , were established in Calcutta.
4) This system was in force upto 1793.
-In 1780, the judicial powers of the six (6) provincial Councils were
transferred to six (6) Dewany adalats. These Adalats were presided over
by servants of the English Company.
-In 1781 the number of these courts was increased to 18 (eighteen) and
they tried all kind of civil cases. The duties of Faujdars were transferred
to the District Judges. The criminals were tried in the Faujdari adalat
under Indian judges, yet, the ultimate control of vested with headquarter.
- In 1784, The British parliament passed an Act defining more clearly the
jurisdiction of the Supreme Court, exempting from it the official acts, the
Governor General and Council, the Zamindars or farmers, and all matters
concerning revenue collection.
-- (1790): The East India Company made it clear that taking control of
Criminal justice system in all parts of India (except Bombay) under the
Company control. Dewany (money) management of was offered to the
Compnay by the the Mughal ruler. Zamindars, who coleected revenue,
used judicial power and thus the Zamindars came under the control of the
British.
The English collectors vested iv) Tylor wrote, "The first reform was
with the powers of a magistrate applied by the regulation of 1831
could try criminal cases within to the judicial department in the
certain limits. creation of native judges, and their
primary jurisdiction over civil
The more important criminal suits.
cases were tried before District
Criminal Courts and Sadar v) This measure not only relieved the
Nizamat Adalat was the court judicial department of a load of
of appeal. "His (Governor work which could never be
General) Governing idea in the completed but opened a way to
administration of India was to official service which during the
have India, not for Indians but last fort}' years, has been
for England." materially enlarged in all
departments of the
administration."
Inasmuch as the penal code and first criminal procedure code came
into force, the Islamic system of justice disappeared in 1862 .
The Crown was empowered to appoint the Chief Justice and Judges
for these High Courts. The appeal against the decisions of high courts
was presented before the judicial committee of the Privy Council. The
Privy Council was situated in London.
ii) Thus, the old rule of appointing the Chief Justices exclusively
from among barristers or advocates was modified to the extent that
they now might be appointed either from among the pleaders of
High Courts or from among the officers of the Indian Civil Service.
1. On 1st October, 1937, the Federal Court was constituted. The chief
justice and Judges of Federal Court were to be appointed by the
Crown and were to hold office till the age of 65 (sixty-five).
6. The federal court declared the 'defence of India rules' as ultra vires,
proving its independent and impartial authority, indeed was a
turning point for the judicial development in India.
CONCLUSION: