Saturday, 18 October 2014

BLS LLB POLITICAL SCIENCE SEM 3, QUESTION AND ANSWERS



CHAPTER NO. 3

POLITICAL PARTIES PRESSURE

GOURPS & LOBBIES –


Q1.      What is the meaning of political parties ?
Ans.                In today’s world political parties are being studied. This study of political party in modern and scientific manner is called “statciology”. Political parties is a group of people with common view, idea and ideology. Coming together to serve the nation and the society to form political party. The origin of political party. The origin of political party is very ancient not all people has same view or opinion on any matter while some people don’t want any changes. This is human nature since ancient times, some parties perform by people for joining economic parties. Some political parties are based communal and religion lines. Thus, it can be also said that, feeling for communal and religious parties for also need to formation of political parties.
                        Some political parties are also based on ideology in there aims and objectives.
Q2.      Conditions for formation of political parties –
Ans.                1) Democracy –
Essential condition for formation of any political parties. Is that it be a democratic form of government. It should become in liberty of individual.
                        2) National Interest –
Individual thinking of political parties should have national interest in them. They should be ready to serve the nation whenever needed. They should be loyal to the nation.
3)         Individual who think to make political party, should be ready to capture ultimate power, but by peaceful means.
4) Interest in politics –
            The people who want to start political party should have interest in politics they should have desire to actively participate in political activities.




Q3.      What are the kinds of political parties?
Ans.                1) Conservative –
This type of political parties desire to conserve the existing institution it wants to go backward to changes.
                        2) Liberal –
This party wants to perform the existing institution and it welcomes changes.
                        3) Reactionary –
Reactionary means this parties wants to review the old institution and believes.
                        4) Radical –
                                    This party wants a fast changes and reforms.
                        5) Leftest and Rightest –         
            The leftist parties are those who work for radical changes. And the rightest parties are those who want to move slowly
Q4.      Revaluation of political parties –
Ans.               
            Merits –
1)         Without political party’s individual would become very week it test political party
            which gives strength to individual and arise to serve his problem.
2)         Political party aims at creating common national interest. Political parties have clear
            cut picture about national party which they place before the public.
3)         Political party helps in educated the masses. They provide better services to the
            educational institutions. Political party by using various methods places before the
            public all the principles and the policies.
4)         Political party brings about change in the government through the peaceful means
            all the matters were settle by discussion. Political party believes in exchange of
            ideas and opinions.




            Demerits –
1)            Political party creates a division among the masses. Some parties try to divide the
            Party on religious and communal base, they avoid developing a good national
            Attitude.
2)            Political parties which have a craze for power have led to the birth of power crazy
            politicians. The aim of such parties is to achieve power by any means.
3)            Corruption and bribery is also one of the most important draw back which is
            supported by such political party. A party may use all its strength to favour few
            people at the cost of country. Some parties also used any method to win the
            elections.
4.         Some political party can even grabs power and divert it into doctorial manner.

Q5.      Function of Political Parties –

Ans.                The political parties play the role of brokers of ideas. A political party must clearly stand policies and principles it should value the objective for the people a state is the society of societies. As it enables an individual to realize himself. The state is not bound by force but by the will. Will is the basic of the state. The chief function of the state is to uphold the rights of individual and slow their problem. The state must also use force if necessary to remove the hindrance from the way of any individual who wants to improve his personality. Every individual has the right to resist the laws of state of they go against his right and they are unjust and unfair. Every individual has the right to resist depending on the national right recognized by social consciousness. The state can punish the criminals who are antisocial elements and who can create obstacles for the freedom of others. The main aim of law should be remove crime and reform the criminals.












CHAPTER NO. 4

COMMUNISM


Q1.      What is communism and principal of communism?
Ans.    Communism is a form of socialism. The ideology of communism favours equal distribution of wealth and state ownership of means of production. Fradrick Engles and Carl Mark introduced communism. Carl mark address to the workers of the world in 1848 to unit as they have nothing to lose, he established in 1864 the international working men organization for about 34 years maximum leaves in exile in England.
            Principal of Communism or Principal of Carl Mark are as follows –
Theory of philosophical materialism the world is by nature material and the different phenomena’s are the different form of matters. The material life of society depends upon the method of securing means of livelihood. The material life of society is primary and spiritual life is secondary.
Matter primary and kind secondary –
            Unlike the idealist who believed in existence of mind. Materialist thought that the matter existence independent of or outside mind. Matter is active and self-determination. It carries itself enough energy to transform itself.
War between classes
            The idea of class war emerges from the theory of interpretation of history, directical materialism etc. marks says that according to law of history a particular class hold and control means of production and thus it exploits rest of the people. This class uses the state in exploiting the people. History represents two classes the capitalist or the workers and the exploited on other side. History represents nothing but a war between classes. Hence, thesis and anti-thesis can be noted. Between the classes there is hatred and this hatred will continue till the classes exist.
Law of concentration of capital –
             Capital is in the hands of few people the rich becomes richer and the poor become the poorer. The society is divided into haves and haves not. The rich multiple their capital, but this capital remains in the hands of few capitalist is again danger to capitalist.
Capitalist decrease but the workers increase –
            The number of capitalist in whose hands wealth is concentrated goes on decreasing day by day. The concentration of wealth is in the hand of capitalist as well as the big land lords. A time may come when the workers and the framers may over through such land lords or capitalist.
A classes society
Mark believes that a classless society may end the problem of capitalism. Abolish all the rights of inheritance. Seized all the capitalist property with brain equal will bring equality in the society. In temporary face the labor should be paid according to the work done.
Religion opium of people –
            Religion can be or is used for the tools of exploitation, he believe that man created religion. Religion did not create man. He link religion with capitalist exploitation, he strongly believe that religion was the strongest tool to deceive people.           
Q2.      What is evaluation of Markism?
Ans.    Merits –
            Millions of people got the way of leaving by Carl Mark theory and his teachings. It is strange yet but true that Mark was unwillingly supported by capitalist as they believe that there refusal through except is leading would be dangerous. In 1917 the Nicolas Second of Russian who refused and but continued to exploit the people lost his power and life. In many countries in which worker were shamelessly exploited. They worked in need of a true leader and Carl Mark emerged as a savior for them. All through his teachings and some drawbacks he gave a new spirit to unit. He created in the mind of capitalist a terrible night mare. Workers all over the world got relief through reforms laid by Carl Mark.
            Demerits –
Materialistic of history wrong –
            The materialistic interpretation of history is wrong because it consider religion, language, politics, arts, science. Insufficient the Marks approach is very narrow as it pays more attention only on the material condition of individual life.
            History is nothing but a record of wars between have and have not accordingly. The concept of class war is artificial and it is aimed more at capturing the minds of workers. It is also wrong to say that it is used as an instrument of exploitation. Many examples are given which prove that state is harmless body and they do not exploit the people.
            Injustice to religion –
            Marks did a great injustice to religion as he declared religion as a opium to people. He unfairly described religion as means of exploitation. No one can deny the importance of religion as every individual gets it spiritual satisfaction through religion.

Chapter no. 5

Theory of Punishment –


Q1.      What are the theory of Punishment. Explain?
Ans.    With the changing social structure of the society. We have witness that many changes in the theories of punishment. The ends of criminal justice are four in numbers. And punishment can be divided as –
1.    Deterrent theory – (severest punishment)
2.    Retributive theory – (eye for and eye)
3.    Preventive theory – (to stop)
4.    Reformative theory – (improvement)

I.              Deterrent Theory –
The basic idea of deterrent theory is to stop the offender from committing crimes. Pleasure and the pain are the two feelings with that nature has provided to mankind. To enable him to do something or to stop him from doing something. This theory of punishment believes in the fact that severe punishment should be inflicted to the offenders. Those who commit crime it is assumed that they derive a satisfaction by committing a crime. They get a feeling of enjoyment when they are let free and the victim suffers mentally. Deterrent theory believes that only strict punishment can improve a criminal in social life. Punishment gives a element of pain to correct the wrong action of offenders.
In earlier days a criminal act was consider to be due to the influence of some evil spirit on the offender of which he was unwillingly was made to do that wrong.
II.            Retributive Theory –
Eye for an eye would be making the world blind said Mahatma Gandhi, the harshest theory in the history of punishment was Retributive theory. This theory works on the idea of revenge rather than that of social welfare and security. Punishment to the offender gives a relief to the victims and his family.
This theory is based on the principle as the utilitarian theory. Both this theory involves harsh punishment that control such emotion, action, this control also our sense of hatred towards the criminal. Judicial punishment can never to use as means to promote some other good for criminal himself or civil society but instead in all cases be imposed on him only on the grounds that he have committed only.
The doctrine of hell was framed in terms of Retributive theory. This theory has with criticized by modern day’s penologist.
III.           Preventive Theory –
Unlike the deterrent and retributive theory. This theory believes in improving a criminal by preventing him from doing any other crime in future. For Eg. :- “ A Land owner put a notice on the land, declaring that, ‘ trace passers will be prosecuted”. Doing this, this notice work as a message to the tress passers that he should not trespass the land or else legal action will be taken against him. By doing this the owner helps the law itself, without bringing law in motion. One can easily say that, although preventive theory, prevents crime to happen in future but, some question are put by penologist who question that crime cannot ne stopped according to this theory. The major problem with this kind of theory are they make criminal more violent then changing into better individual.
IV.          Reformative Theory –
This theory declares a starts of new era. The story of gradual renewal of man. The story of passing from one world into another world. The story of gradual regeneration. This theory emphasis on renewal of criminal and the beginning of a new life for him.
It is the most recent and human of all theory is based on the principal of reforming the criminal it believes in removing the crime and not the criminal. It lays importance on getting back the criminal in civilized world. It is a fact that many of a criminal have improved and reformed. This theory condemns of all the type of severe punishment and it emphasize on rehabilitant the offenders and getting him back in the civilized society. It looks that the speculation from the society as an attempt to reform them. Under this theory many prisons have been started where they are humanly treated. This theory deals with the correction of juvenile and first time criminals. But in case of hard core criminals this theory have their pros and corns we all know that truth is a stranger than fiction and so is practice of theories. We all know that prisons are meant to be a place where criminal would be corrected but the present are becoming side for birding and giving birth to hardcore criminals. In many cases criminals carrying on their activity in the prisons also.










Chapter No. 6

Liberalism

                                                                                                                        
Meaning of Liberalism –
            The term liberalism indicates the tendency of intending individual’s rights and liberty against political economic or bureaucratic authority it’s not easy to give exact meaning of liberalism. Its origin was seen in Greece. But in Greece the liberal principal were enjoyed by everyone except women and slaves. Liberalism rise in western Europe in the 19th century liberalism as a reaction against the authority of feudal Lords & to an achievement liberty can be classified as political liberty, economic liberty etc. according to new liberalism the government does not interface or represent a threat to the freedom of individual because the government has become beneficial. The new liberals have change with times and have given recognition to trade union and political equality to the weaker.



BLS LLB HISTORY OF COURTS - CHAPTER NO. 3 / PART 2


HISTORY OF COURTS - 
CHAPTER NO. 3 / PART 2
 
The Regulating Act 1773 introduced the process of centralization. The Regulating Act vested in the Governor –General and Council the whole civil and military government of the Calcutta presidency and also the ordering management and government of all territorials’ acquisitions and revenues in the Kingdoms of Bengal, Bihar and Orissa. The presidency of Bombay and Madras were brought under the control and Super intendance of the Governor- General and Council in matter of war and pence. The presidencies of Bombay and Madras could not make any orders for commencing hostilities or declaring war for making any treaty of peace other treaty with any Indian Princes or powers without obtaining the approval or consent of Governor-General and Councils excepts in the case of imminent necessity or in the case of orders received from the court of Directors to commence war to make treaty of peace other treaty.
The Regulating Act empowered to make rules and regulations and issue ordinance for the good government of the settlement of fort William and the Factories sub ordinance made by them were required to be just and reasonable and not repugnant to the laws of England and they were to be of any force after being published and registered with the Supreme Court with the consent. This process of centralization was strengthened by the Charter Act of 1833. The process of centralization presented several difficulties to remedy the difficulties arising out of the centralization the Indian Council Act 1861 was enacted. This Act started to the process of Decentralization. The object of the Act was to give power to the Governor – General – In – Council of Madras and Bombay to make laws and to establish new council in other provinces.
GOOD FEATURES –
            The Act restored to the Governor – General in Council of Bombay and Madras the power of making laws for their respective territories and authorize the Governor – General – In – Council to established a legislative council for Bengal and also for non-west province and the Punjab. On account of it, it was possible to make laws according to the local needs and conditions.
            Most of the non-officials members chosen for the legislative Council were Indians and this Indians were associated with the legislative functions. This lessened the feeling of distrust prevailing in the Indians.
DEFECTS –
            The power of Governor – General was very wide. His assent to any law was necessary previous sanction also necessary for introductions of certain measures in the council. The non-official members nominated by the Governor – General for the Council were not elected person and thus, they were not representatives of the people. They could not represent the views of the Indian masses. They were generally yes – men of the Governor – General.
            The Indian Council Act was passed by the British Parliament. The following are the main provisions of the Indian Council Act, 1861.
1.    EXECUTIVE COUNCIL –
The Indian Council Act, 1861 reconstituted the Executive Council of the Governor-General. Executive Council should consist of 5 members at least three must belong to the Civil Service and must had at least 10 years’ service in India. The intention of the condition of 10 years’ service in India was that the members must be a barrister or advocate of five year’s standing. The fifth was the Finance Member. The Secretary of State retained the power to appoint the Commander – in-Chief as an extraordinary member.
2.    CENTRAL LEGISLATIVE COUNCIL –
The Legislative Council of the Governor-General was reorganized. The Central Legislative Council consisted of the members of the Governor-General-In-Council and not less than six and not more than twelve members nominated by the Governor-General for two years. Not less than one-half of the members nominated by the Governor-General were to be non-official persons. Judges were no longer to hold seats ex officio in the legislature, but the Governor- General could summon a Judge, if he so Chose.
The new Central Legislative Council could pass laws for the whole if India. The legislative power of the Council extended over all persons whether British or Indian, Foreigner or others, within the Indian dominions of Her Majesty, and over all courts of Justice and over all courts of justice and over all places and things within the said territories, and also over all British subjects within the dominion of Indian States.
The Legislative Council could repeal, alter or amend any law of the British territories and make laws for all persons and all Courts of Justice and for all places and things within those territories. However, several restrictions were imposed on the powers of the Legislative Council. The Legislative Council could not repeal or affect any provisions of the Charter Act of 1833 and the Government of Indian Act, 1858. It could not pass any law affecting the authority of the Parliament or affecting any act enabling the Secretary of State-in-Council to raise money in U.K. for the Government of India or affecting any act punishing mutiny and desertion in Her Majesty’s Indian forces.
The previous sanction of the Governor-General was necessary for the introduction of any measure in the council affecting public debt, or public revenue of India, the religion or religious rites and usages of Crown’s subjects in India, the relation of the Government view, Indian States and military or naval forces and foreign affairs.
The assent of the Governor-General to any law was necessary. The Governor-General had the right to assent, reverse of refuse assent to any measure passed. The Crown through the Secretary of state had the ultimate power to disallow already assented to by the Governor- General.
The Governor –General was, also empowered in cases of emergency to issue personally, ordinance effective for a period of 6 months.
The Governor-General was empowered to make rule for the conduct of business in Legislative Council. In the exercise of this power Lord Canning introduced the portfolio system in India.
Thus the Governor-General headed and completely controlled the legislative authority in British India.
THE PROVINCIAL LEGISLATIVE COUNCILS –
            The Indian Council Act, 1861 conferred to the Governor-In-Council of Bombay and Madras the power of making laws for their respective territories. The Act also gave power to the Governor-General to create a Council for any other province. The previous assent of the Crown to such proclamation was necessary for their validity. The Legislative Council for Bengal was established in 1862. The Legislative Council for North-West Province was established in 1880 and the Legislative Council for Punjab was established in 1897. The Legislative Council established by such proclamation consisted of Lieutant - Governor and certain nominated councilors to make laws for the peace and good government of the territory concerned.
            The Provincial government could not introduced any Bill in the Council without having submitted it to First Government of India and having received its approval. The assent of the Governor-General was again necessary for validating the laws passes by these Provincial Council in addition to the assent of the Governor of the Province, and the Crown could disallow any law.
            By the Indian Councils Act, 1861, the legislative system was founded and adopted in India. Many Scholars consider that “the process of constitutional development began in 1861”
THE INDIAN COUNCILS ACT, 1892 –
            The Indian Council Act, 1861 introduced some reforms. The Indian Council Act, 1861 did not give a right to the Indian to elect their own representatives in the Councils. The non-official members nominated by the Governor-General for the Council were not representatives of the people but were the ‘yes men’ of the Governor-Genral. They could not represent the views of the Indian masses.
            The Indian National congress established in 1885 organized the national political opinion in the country. It gave a clear demand for greater share in the government and administration on its very first session, which also expressed grave dissatisfaction at the system of Government as it existed then. The National congress also demanded extension of their powers not only in legislation but also in financial and administration matters. And the right to discuss the budget and to ask questions. In order to satisfy the demands of the Congress, the Viceroy Lord Dufferin appointed a committee of his council to draw a plan for the enlargement of the Council and also to introduce the elective principle in the formation of the Councils. Though the Secretary of State did not agree with all the recommendations of the Viceroy yet, a bill was introduced in British Parliament which was passed two years later. This act is known as Indian Council Act of 1892.
The Provisions of the Indian Council Act, 1892 –
            The Indian Councils Act, 1892 introduced many changes in the constitutional set up of the Legislative Councils.
1)    The strength of the additional members in the Council to Governor-General was increased and a  provision was made that it shall consist of not less than 10 and not more than 16 members. (i.e, members besides the ex-officio members)
2)    In the Provincial Legislative Council, the number of additional members was increased so that there could be not less than 8 and not more than twenty in Madras and Bombay and not less than 8 and not more than fifteen in the other namely Bengal, North West Provinces and Oudh.
3)    Two – fifth of the additional members were to be non-officials.
4)    The principle of election was adopted but to a limited extent. The non-official members of the Council were to be nominated on the recommendation of institution like the universal chambers of commerce, municipal corporation etc., the world ‘election’ was no used in the proposed adopted was nomination of some members on the recommendation of the certain bodies.
5)    A member after being elected was required to be nominated by the Government. The elected members could sit in the Council only if they were nominated by the Government.
6)    The Members of the Legislative Councils were authorized to discuss annual financial statements but they were not given right to vote on it or divide the house on any matter related to it. They were also authorized to ask questions on matters of public importance at a notice of six days.
For the first time, the System of Election was accepted though it was on nomination basis. The number of members was still small, comparing with this big city. Though the members were allowed to discuss annual financial statements, they were not given right to vote on it and the functions of the members were highly restricted. The Council had no power to amend the bills prepared by the Government. The Act failed to meet the demands of the Indian National Congress.
THE INDIAN COUNCIL ACT,1909 (MINTO-MORLEY REFORMS) –
            The reforms of Indian Council Acts, 1892 did not satisfy the aspirations of the Indian people. The provisions regarding inclusion of non-official members in the Council left little scope for popular representation in the Councils. The rules of elections as laid down in the Act were defective Certain classes got over representation at the cost of other classes which deserved more representation due to their numerical strength.
            As a result of bureaucratic administration and defective policies, the economic conditions of the Indian continued to deteriorate which generated general unrest among them against the government. In his anxiety to maintain law and order, Lord Curzon adopted repressive measures which further added to be angry with the government. This incident fanned the flame of nationalist movement in India. This also resulted in the Swadeshi Movement of 1906.
The moderates proclaimed “Swaraj” as their ultimate goal of fight for freedom.
            Many paper and journals such as Kesari, Maratha, etc. raised the national awakening in the country. The people began to demand more and more reforms. Indians faced many calamities including famine, plague and cholera between 1892 and 1909. The people felt that the government did nothing to save their lives. Further the also strongly believed that the Government was responsible for their poverty and unemployment.
            Lord Minto came to India as a Governor-General in November, 1905. Jhon Morely become the Secretary of State in December, 1905. Mr. Gokhale, the leader of moderate section of congress went to England and met Lord John Morley and convinced him of the urgency of the constitutional reform.
            A committee was appointed by Lord Minto, the Viceroy of India to enquire into the matter of legislative reforms. The committee submitted its report to the Viceroy in October 1906. The report was discussed in the Council and thereafter it was forwarded to Lord Morley, the Secretary of State for India. A bill was prepared on the basis of the report of the Committee and negotiations between Lord Morley and Lord Minto. In 1909, the British Parliament passes the Indian Councils Act, 1909. It is known as Minto –Morely Reforms. It came into operation from 1.1.1910.



Salient Provisions of the Indian Council Act, 1909
1.    Change in England –
The Minto-Morley reforms introduced changes in the administration in England. The overall responsibility and supremacy of the Secretary of State continued. He was responsible to the Parliament for a good government in India. Two Indians were appointed as members of the Indian Council in 1909. They were K.G. Gupta and Syed Hussain Bilgrami. It continued to be consultive body only.

2.    Change in India –
a)    Composition of Central Legislative Council –
The number of members of the Central Legislative Council was increased from 16 to 69. Among them 9 were Governor – General’s Executive Council (ex officio members) and 60 were additional members of the Central Legislature.
      Out of 69 members, 37 were officials and 32 were non-officials. The official members were nominated by the Governor – General in Council. Out of 32 non-officials 5 were nominated by the Governor – General and 27 were elected. The Governor – General’s Legislative Council was still to be dominated by the official majority.
b)   Composition of Provincial Executive Councils –
The Provincial Executive Councils of Madras and Bombay were enlarged from three to four members. Executive Councils were set up in Bengal, Bihar and Orissa. Under the provisions of the Acts, Indians also be appointed as Executive Councilors.
c)    Composition of Provincial Legislative Council –
The numbers to the Provincial Legislative Councils was also increases. However, the actual strength differed from province to province ( for example Madras had 47 members, Bombay and Bengal had 50 members and Punjab had 25 members ). The Act provided that in all the Provincial Legislative Council officials majority should be dispensed with. In Madras out of 47 members 21 were officials and 26 were non-officials. Of 21 officials 4 were ex-officio members of Governor Council and 17 were nominated. Of 26 non-officials 4 were ex-officio members of Governor’s Council and 17 were nominated. Of 26 non-officials, 5 were nominated and rest elected.
d)   Appointment of Indians to the Executive Councils –
The Act provided for the appointment of Indians to the Executive Councils. Two Indians were appointed to the India’s Council. One Indian was appointed to the Viceroy’s Executive Council. Indians were appointed to the Provincial Executive Councils.


e)    Introduction of Communal Representations –
It was the most unfortunate aspect of the Act, 199 that it provided representation in the Councils on Communal basis. The Act favored the Muslims by giving them the right of proportionate representation.
f)     Vice – Presidents –
The Indian Council Act, 1909 empowered the Governor-General, the Governors of presidencies and Lieutenants Governors having Executive Council to appoint Vice – Presidents. The Vice – Presidents were to Act for the Governor – General, Governors and Lieutenant Governor and also to preside over the meeting of the Executive Council in their absence.
g)   Functions of the Legislative Council –
Before the Act of 1909, the Councils were merely advisory bodies. The Indian Council Act, 1909 authorized the members to discuss the budget to propose resolutions on it and relating to loans to local bodies, additional grants and new tax proposals. They could move resolutions on the budget and on any matter of public interest except, customs defense, foreign affairs and native states. The effect of such resolutions was merely recommendatory, and the Government could give effect to a resolution as it deemed fir. In the area of legislation, their power was limited as legislation by then was subject to veto by the Governor-General and Governors.
Merits –
1)    The size of all the Legislative Council was increased.
2)    The non-official majority was provided in the Provincial Council.
3)    Indians were made eligible for the appointment to the Executive Councils.
4)    For the first time, the Act conceded both in the theory as well as in practice, the principle of election, as demanded by the Congress.
5)    It also provided ample opportunities to the Indian politicians and officials for good training in the art of Government.
6)    The size and powers of the Councils were substantially increased.
Criticism –
1)    The reforms as introduced by the Act gave a severe blow to the national solidarity by providing separate representation to different classes of persons. The Act made provision for separate communal electorate for Muslims.
2)    The Act provided indirect elections. Narrow franchise and official majority of members in the imperial council.
3)    The act failed to establish responsible government.
4)    The Legislative Council had no control over the executives and the real power remained with the executives only.

Friday, 3 October 2014

BLS LLB - HISTORY OF COURTS - PART 2 - CHAPTER NO. 2

CHARTER ACT 1833 –
            The Charter Act 1833 introduced many reforms in the then existing legislative machinery in India. It played vital role in the consolidation and codification of Indian laws. Several factors were responsible for the enactment of this Act. The company acquired many territories in India. It was very difficult for it to have control over them with the existing constitutional setup of the company. A strong central government was felt necessary for the effective administration.
            The Charter Act of 1833 was enacted by British Parliament for to remove the defects. It was a great step in the process of centralization. The provisions were made for the establishment of an all India legislature and a strong central government, with an object consolidation and codify the Indian laws the provision was made for the appointment of law commissions. To improve the quality of laws enacted by the all India legislative the Act created the office of law members.
The main provisions of the Charter of 1833 –
1)    The company was allowed to continue the territorial possession for a period of 20 years.
2)    Monopoly of the East India Company to trade with India was brought to an end. The Company was required to close its commercial business, but allowed its administration and political power.
3)    The Act declared that the British Parliament had full and complete right and power to control, supersede or prevent all proceedings and Acts of the Governor-General-In-Council.
4)    It was provided that all laws and regulations made by the Governor-General-In-Council should be transmitted to England to be laid before both House of Parliament. Laws made by the Central Legislature could be disallowed by the Court of Directors.
5)    The power of the Governor-General-In-Council to legislate was enhanced. The Act empowered the Governor-General-In-Council to make laws and regulations for all persons and for all courts in British India. There was no need to register such laws enacted by the Governor-General-In-Council with the Supreme Court. Thus for the first time the Central Legislative system in India was created.
6)    The council members were fixed as three and a fourth member known as the law members was added to this Council. This law member was not to be the Company’s servant. He was to act as a member of the Council only for legislative purposes. Lord Macaulay was the first law member of the Council.
7)    In order to bring about uniformity and certainty of laws prevailing in India, a provision was made for the appointment of a Law Commission. Macaulay was the Chairman of the first Law Commission which was appointed to prepare the bills and codes required for India.
8)    The Act also provided that the natives irrespective of race or religion, place or birth were to be eligible for public appointments. Provision was also made for their education.
9)    All restrictions to European immigration into India were removed.
10)  The civil and military power were removed from the Company and its entire control, superintendence were vested in the Governor-General-In-Council.
11) The Act also provided measures for the abolition of slavery throughout India.
12) Before passing the Charter Act 1833, the laws made were called ‘Regulations’. Hereinafter the laws were made to be called as the Acts.



BLS LLB - HISTORY OF COURTS - PART 2 - CHAPTER NO. 1

CHARTER OF 1600 –
ESTABLISHMENT OF EAST INDIA COMPANY, ORGANISATION AND MANAGEMENT
            All the members of the company constituted themselves as a general court. The general court was to elect annually the court of directors. The court of Directors consisted of a governor and 24 directors. The court of directors was to manage the entire business of the company. The governor and directors constituting the court of directors were to be elected by the general court for 1 year but any of them might be removed from his office, even before the expiry of his term of office by the general court.
Legislative Power –
            The charter of 1600 conferred on the company came some legislative power also. The charter authorized the general court to make by laws, ordinance etc. for the good governance of the company and its servants and also for the better advancement of trade and traffic. The charter authorized to punish the violation of these laws and punishment was to be reasonable and not contrary to the laws, statutes or customs of England. Thus the charter of 1600 conferred on the company the power of minor legislation with the object to enable the company to regulate its own business and maintain discipline amongst it’s confer on the company a power to legislate for and govern some territory. The charter did not empower the company to decide the case of capital offences and to prescribe death sentences. The laws made by the company in 1621 dealt with the management of its meetings and its officers in England and the administrative arrangements in east and thus they clearly indicate the limited and restricted charter of the legislative power conferred in the company by the charter of 1600 is of historic importance as it is the germ out of which the Anglo-Indian codes were ultimately developed.
            After incorporation the company very soon realized that its legislative power was not sufficient to maintain discipline amongst the servants if the company on the high seas. At the instance of the commission to the general in the command of the vessel for each voyage empowering him to conflict punishment for capital offences such as Murder and Mutiny and execute material law. In the case of capital offences the verdict was to be given by a jury. Thus these two Royal grants enabled the company to enforce discipline amongst its servants both on the high seas and on the Indian soil.
REGULATION LAW AND CHARTER ACT OF 1813 –
            The system of regulation law played important role in the development of the law in India. The Charter of 1726 empowered the Governor-in-Council of each presidency town. Before 1726 the legislative power was conferred in the company. The charter of 1726 empowere the Governor –in-Council of each presidency town to make by laws, rules and ordinance for the regulation of the corporation and inhabitance of the settlement concerned. These by – laws, rules and ordinance were to be agreeable to reason and not contrary to the laws and statues of England. They were not to be effective unless approved and confirmed by the court of Directors of the company in England. This legislative power of the Governor-In-Council was continued under the charter of 1753. The regulating Act 1773 also empowered the Governor-In-Council for make laws and rules.
            On 1st May 1793 a code known as Cornwallis Code containing a set of 48 regulations was printed and published.
CHARTER OF 1813 –
            This act declared formally the sovereignty of the British Crown over the Company’s territorial acquisitions of India. However it allowed its possession with the company. Charter Act of 1813 renewed the Charter of the Company for a further period of 20 years. This Act threw open the Indian Trade to all Britishers except the tea trade which was continued under the company’s monopoly. The Act conferred jurisdiction on the justice of peace in cases of trespass or assault committed by the British subjects on natives of India and also in cases of small debts due to the natives from the British subjects. The British subjects residing trading or occupying immovable property more than 10 miles from presidency towns were placed under the jurisdiction of by the Diwani Adalat for Civil Cases. Special provision was made for the exercise of Criminal Cases. The Act made provisions for the training of Civil and Military servants of the company.