1) Discuss the foundation of Indian national

congress?
The Indian National Congress (INC) was founded on December 28, 1885, in Bombay
(now Mumbai). It played a crucial role in India’s struggle for independence from
British rule.

Foundation and Early Years

1. Founding Members & Leadership
● A.O. Hume, a retired British civil servant, took the initiative to bring together
Indian leaders for political discussions.
● W.C. Bonnerjee was elected as the first President.
● Other key figures included Dadabhai Naoroji, Surendranath Banerjee,
Pherozeshah Mehta, and Gopal Krishna Gokhale.
2. Objectives of the INC at the Time of Formation
● To create a platform for political dialogue among educated Indians.
● To promote political unity and national consciousness.
● To put forward demands for administrative and constitutional reforms.
● To bridge the gap between the British government and Indians through
moderate petitions and resolutions.
3. First Session of INC (1885)
● Held at Gokuldas Tejpal Sanskrit College in Bombay.
● 72 delegates from different parts of India attended.
● Key resolutions focused on civil rights, representation in government, and
economic policies.

Phases of the INC

1. Moderate Phase (1885–1905)
o Led by moderates like Dadabhai Naoroji, Gopal Krishna Gokhale, and
Pherozeshah Mehta.
o Believed in constitutional methods, petitions, and dialogues with the
British.
2. Extremist Phase (1905–1919)
o Emergence of Bal Gangadhar Tilak, Bipin Chandra Pal, and Lala Lajpat
Rai (Lal-Bal-Pal).
o Advocated mass movements, Swadeshi movement, and direct action.
3. Gandhian Era & Freedom Struggle (1919–1947)
o Under Mahatma Gandhi’s leadership, INC led major movements like Non-
Cooperation (1920), Civil Disobedience (1930), and Quit India (1942).
o Ultimately, INC’s efforts led to India’s independence in 1947.
 2) who are moderates and their contribution for freedom
strugle?
Who Were the Moderates?
The Moderates were the early leaders of the Indian National Congress (INC) from
1885 to 1905. They believed in gradual reforms through peaceful and constitutional
means rather than direct confrontation with the British. They aimed to secure self-
governance for India through negotiations, petitions, and discussions.
Key Moderate Leaders
1. Dadabhai Naoroji – Known as the Grand Old Man of India, he exposed
British economic exploitation through his Drain Theory.
2. Gopal Krishna Gokhale – A strong advocate of political and social reforms,
he influenced Mahatma Gandhi.
3. Pherozeshah Mehta – A legal expert who worked for Indian representation in
government.
4. Surendranath Banerjee – Founder of the Indian Association and an early
nationalist leader.
5. M.G. Ranade – Focused on economic and social reforms.
Moderates' Contribution to the Freedom Struggle
1. Political Awareness & Nationalism
o Educated Indians about their rights and the need for self-rule.
o Promoted the idea of Indian unity and national identity.
2. Economic Criticism of British Rule
o Dadabhai Naoroji’s Drain Theory (highlighting how Britain was exploiting
India’s wealth).
o Criticized high taxes, unfair trade policies, and economic exploitation.
3. Demands for Constitutional Reforms
o Pressured the British government for Indian representation in governance.
o Advocated for civil liberties, freedom of speech, and participation in
administration.
4. Petitions and Memorandums
o Sent petitions to British authorities demanding reforms.
o Appealed to the British Parliament for Indian representation in
governance.
5. Social Reforms
o Promoted education, women’s rights, and eradication of social evils like
caste discrimination.
Limitations of the Moderates
 ● They relied on British goodwill and constitutional means, which did not bring
immediate results.
● Failed to mobilize mass participation in the freedom struggle.
● Lacked radical measures to challenge British rule directly.
Impact and Legacy
● Though their methods were slow, the Moderates laid the foundation for the
later, more aggressive nationalist movements.
● Their work inspired Extremists (Lal-Bal-Pal) and later leaders like Gandhi to
adopt mass movements for independence.
● Their demand for self-government ultimately evolved into a demand for
complete independence.

3) who are extremist and their contribution in freedom

struggle?
Who Were the Extremists?
The Extremists were a group of nationalist leaders in the Indian National Congress
(INC) from 1905 to 1919 who advocated for direct action, mass mobilization, and
self-reliance to challenge British rule. They rejected the Moderates' approach of
petitions and negotiations, believing in aggressive methods to attain self-rule
(Swaraj).
Key Extremist Leaders
1. Bal Gangadhar Tilak – "Father of Indian Unrest," popularized the slogan
"Swaraj is my birthright and I shall have it."
2. Bipin Chandra Pal – Advocate of Swadeshi and boycott movements,
promoted national education.
3. Lala Lajpat Rai – Led protests against British policies, played a key role in
revolutionary activities.
4. Aurobindo Ghosh – Promoted armed struggle, spiritual nationalism, and
national awakening.
Ideology of the Extremists
● Demanded Swaraj (self-rule) as a natural right.
● Believed in boycott of British goods, Swadeshi movement, and mass protests.
● Encouraged youth participation and revolutionary activities.
● Opposed British laws and policies through non-cooperation and resistance.
Contribution to the Freedom Struggle
1. Swadeshi and Boycott Movements (1905)
o Started after the Partition of Bengal (1905).
o Encouraged Indians to boycott British goods and promote indigenous
industries.
 o Strengthened economic nationalism and self-reliance.
2. National Education and Political Awareness
o Established national schools and colleges to reduce dependence on
British education.
o Promoted newspapers like Kesari (Tilak) and Bande Mataram
(Aurobindo Ghosh).
o Inspired students and youth to join the freedom struggle.
3. Mass Protests and Strikes
o Mobilized people through festivals like Ganesh Utsav and Shivaji Jayanti
(Tilak).
o Organized public meetings, protests, and strikes against British policies.
4. Revolutionary Activities
o Encouraged secret societies like Anushilan Samiti and Jugantar Party.
o Inspired armed resistance and revolutionary actions against British
officials.
5. Inspiration for Future Movements
o Their radical approach influenced Gandhi’s Non-Cooperation Movement
(1920).
o Their call for Swaraj laid the foundation for India’s complete
independence in 1947.
Decline and Legacy
● The 1907 Surat Split divided Congress into Moderates and Extremists.
● The British arrested leaders like Tilak (sent to Mandalay Jail in Burma).
● Many Extremists joined revolutionary groups or Gandhi’s movements later

4) Discuss the regulation activities in Bengal Maharastra and

Punjab?
The revolutionary activities in Bengal, Maharashtra, and Punjab played a crucial role
in India's freedom struggle. These regions were hubs of armed resistance, secret
societies, and nationalist movements against British rule.

Revolutionary Activities in Bengal

Bengal was the center of early revolutionary movements due to the Partition of
Bengal (1905), which led to widespread anger against British policies.
Key Revolutionary Groups and Activities:
1. Anushilan Samiti (1902) – Founded by Barindra Ghosh and Jatindranath
Banerjee, it trained youth in arms and revolutionary tactics.
2. Jugantar Party (1906) – Formed by Aurobindo Ghosh and Jatindranath
 Mukherjee, it carried out bomb attacks and assassinations of British officials.
3. Alipore Bomb Case (1908) – A failed attempt to kill Judge Kingsford;
Khudiram Bose and Prafulla Chaki were involved. Khudiram was hanged,
becoming one of the youngest martyrs.
4. Chittagong Armoury Raid (1930) – Led by Surya Sen, revolutionaries
attacked British armories to seize weapons. Many were executed or
imprisoned.
5. Kakori Conspiracy (1925) – Led by Ashfaqulla Khan, Ram Prasad Bismil,
and Chandrasekhar Azad, aimed at looting a British train carrying government
money.
Impact:
● Inspired other parts of India to take up revolutionary activities.
● The British government imposed strict laws to suppress extremism.

Revolutionary Activities in Maharashtra

Maharashtra was a key region for nationalist movements, largely influenced by Bal
Gangadhar Tilak’s call for Swaraj and armed resistance.
Key Revolutionary Figures and Activities:
1. Chapekar Brothers (1897) – Damodar, Balkrishna, and Vasudev Chapekar
assassinated British officer Rand, responsible for plague mismanagement.
2. Abhinav Bharat Society (1904) – Founded by Vinayak Damodar Savarkar
and Ganesh Savarkar, this secret society aimed at armed rebellion against the
British.
3. Nasik Conspiracy Case (1909) – Anant Kanhere shot dead British officer
A.M.T. Jackson, leading to widespread arrests.
4. Hindustan Republican Association (HRA) (1924) – Included Maharashtra
revolutionaries like Chandrashekhar Azad, involved in the Kakori Conspiracy.
Impact:
● Strengthened revolutionary spirit, especially among students and youth.
● Inspired the Rashtriya Swayamsevak Sangh (RSS) and other nationalist
organizations.

Revolutionary Activities in Punjab

Punjab was a major center for armed resistance, particularly influenced by Lala
Lajpat Rai and later Bhagat Singh’s revolutionary activities.
Key Revolutionary Groups and Activities:
1. Ghadar Movement (1913) – Founded by Lala Hardayal, Sohan Singh
Bhakna, and Kartar Singh Sarabha, aimed at overthrowing British rule through
armed revolt.
 2. Jallianwala Bagh Massacre (1919) – British General Dyer’s massacre in
Amritsar intensified anti-British sentiments and led to more revolutionary
actions.
3. Hindustan Socialist Republican Association (HSRA) (1928) – Formed by
Bhagat Singh, Sukhdev, and Rajguru, it carried out several attacks on British
officials.
4. Saunders Assassination (1928) – Bhagat Singh and his associates killed
J.P. Saunders in revenge for Lala Lajpat Rai’s death due to police brutality.
5. Delhi Assembly Bombing (1929) – Bhagat Singh and Batukeshwar Dutt
threw bombs inside the Central Assembly to protest against British policies.
Impact:
● Created a strong revolutionary movement among the youth.
● British crackdown led to severe repression, but also increased public support
for independence.

5) Discuss the causes leading to non-cooperation

movement? objective of non-cooperation movement
Non-Cooperation Movement (1920-1922)
The Non-Cooperation Movement (NCM) was launched by Mahatma Gandhi on August 1,
1920, as a mass civil disobedience movement against British rule. It aimed to resist British
policies through non-violent means and force them to grant self-rule (Swaraj) to India.

Causes Leading to the Non-Cooperation Movement

Several political, economic, and social factors led to the launch of the movement:
1. Jallianwala Bagh Massacre (1919)
● On April 13, 1919, General Reginald Dyer ordered British troops to fire on a peaceful
gathering in Amritsar, killing hundreds.
● This massacre outraged Indians, leading to widespread anger against British rule.
● The British government praised and rewarded Dyer, further worsening relations with
Indians.

2. Rowlatt Act (1919) – "Black Act"

● This Act empowered the British government to arrest Indians without trial.
● It restricted freedom of speech, press, and assembly.
● Gandhi’s Satyagraha against the Rowlatt Act resulted in violent protests, forcing him to
rethink his approach and later launch non-cooperation.

3. Khilafat Movement (1919-1924)

● The Khilafat Movement was launched by Indian Muslims to protest the British decision
 to dissolve the Ottoman Caliphate after World War I.
● Led by Ali Brothers (Shaukat Ali and Mohammad Ali), this movement aimed to restore
the spiritual leader (Caliph) of Muslims.
● Gandhi supported the Khilafat cause, bringing Hindus and Muslims together to fight
against British rule.

4. Economic Exploitation & Hardships

● Heavy taxation, destruction of Indian industries, and the promotion of British goods had
severely damaged India's economy.
● World War I (1914-1918) increased economic hardship, leading to high inflation,
unemployment, and food shortages.
● The boycott of British goods under NCM aimed to revive Indian industries.

5. Failure of Montagu-Chelmsford Reforms (1919)

● The Government of India Act, 1919, introduced Dyarchy (dual governance), giving
Indians limited self-rule.
● However, real power remained with British officials, making the reforms ineffective.
● Indians lost faith in the British government's promises of gradual self-rule.

6. Gandhi’s Leadership & Rise of Nationalism

● Gandhi popularized Satyagraha (non-violent resistance) through his successful
movements in Champaran (1917), Kheda (1918), and Ahmedabad (1918).
● He believed that if Indians refused to cooperate with the British, their rule would collapse.
● The call for Swaraj (self-rule) gained massive support across India.

Objectives of the Non-Cooperation Movement

The movement had clear objectives aimed at weakening British rule through peaceful
means:
1. Achieve Swaraj (Self-Rule)
o The ultimate goal was to force the British to leave India by non-cooperation.
2. Boycott of British Institutions
o Indians were urged to boycott British schools, colleges, courts, and government
services.
3. Boycott of British Goods & Promotion of Swadeshi
o Foreign cloth and British products were to be boycotted, and Indian industries were
encouraged.
4. Non-Payment of Taxes
o Indians were encouraged not to pay taxes to weaken the British economy.
5. Resignation from Government Jobs
o Indian officials and workers were asked to resign from British offices.
 6. Refusal to Participate in Elections
o Indians were told to boycott elections held under British laws.
7. Strengthening Hindu-Muslim Unity
o The movement aimed to unite Hindus and Muslims in the fight against colonial rule.

6) Discuss civil disobedient movement in India? leading by

Mahatma Gandhi How the movement spread
Civil Disobedience Movement (1930-1934) Led by Mahatma Gandhi
The Civil Disobedience Movement (CDM) was a mass protest launched by Mahatma
Gandhi in 1930 to challenge British rule through non-violent resistance. It was more
radical than the Non-Cooperation Movement (1920-22) and aimed to achieve Purna Swaraj
(complete independence).

Causes of the Civil Disobedience Movement

1. Failure of Simon Commission (1927-1928)
● The Simon Commission was sent by Britain to suggest constitutional reforms, but it had
no Indian members, leading to widespread protests.
● The slogan "Simon Go Back" became popular, but the British ignored Indian demands.
2. Demand for Purna Swaraj (Complete Independence) (1929)
● At the Lahore Session of the Indian National Congress (1929), under Jawaharlal Nehru,
India declared its goal as complete independence (Purna Swaraj).
● January 26, 1930, was celebrated as Independence Day, but the British did not
recognize it.
3. Economic Exploitation & High Taxes
● The British imposed heavy land taxes, salt tax, and excise duties, worsening the
economic condition of Indians.
● The Great Depression (1929) further increased poverty, unemployment, and suffering.
4. Salt Monopoly of the British
● The British controlled the production and sale of salt, imposing high taxes on this
essential commodity.
● Gandhi chose salt as the symbol of resistance, as it was a daily necessity for all Indians.

The Beginning of the Civil Disobedience Movement

Dandi March (March 12 - April 6, 1930)
● On March 12, 1930, Gandhi, along with 78 followers, started a 240-mile march from
Sabarmati Ashram to Dandi (Gujarat).
● He broke the British salt law on April 6, 1930, by making salt from seawater, which was
illegal.
● This act inspired millions of Indians to join the movement.
How the Movement Spread Across India
1. Mass Participation
● People started boycotting British goods, refusing to pay taxes, and breaking unjust laws.
● Women, students, and peasants actively joined protests.
2. Salt Satyagraha Across India
● C. Rajagopalachari led a Salt March in Tamil Nadu.
● K. Kelappan led a Salt Satyagraha in Malabar, Kerala.
● Sarojini Naidu and Manilal Gandhi led the Dharasana Salt Satyagraha in Gujarat.
3. Boycott of British Institutions
● People refused to pay land revenue and taxes.
● Lawyers boycotted British courts.
● Students boycotted British schools and colleges.
4. Peasant and Tribal Participation
● No-tax campaigns were led in Uttar Pradesh, Bihar, and Gujarat.
● In Maharashtra and Karnataka, forest laws were violated by tribals.
5. Violent Clashes and British Repression
● The British arrested over 90,000 people, including Gandhi, Nehru, and Patel.
● The Dharasana Salt Satyagraha (May 1930) saw brutal police beatings of peaceful
protesters, shocking the world.
● The movement turned violent in some places, leading to further British crackdowns.

Government Response and Gandhi-Irwin Pact (March 1931)

● The British, unable to control mass protests, invited Gandhi for talks.
● Gandhi-Irwin Pact (March 5, 1931) was signed:
o Gandhi agreed to end the movement.
o The British agreed to release political prisoners and allow Indians to make salt.
● Gandhi attended the Second Round Table Conference (1931) in London, but
negotiations failed.

Re-launch of the Movement (1932-1934)

● The British introduced the Communal Award (1932), which divided Hindus and Dalits.
● Gandhi opposed the division and restarted the movement.
● However, by 1934, the movement lost momentum due to mass arrests and government
repression.

Impact of the Civil Disobedience Movement

1. Strengthened Nationalism
● It united millions of Indians in the fight for independence.
● Women, students, peasants, and workers actively participated.
2. British Repression Exposed
● The world saw British brutality and unfair policies, increasing support for India’s
freedom.
3. Constitutional Reforms
● The movement forced the British to introduce the Government of India Act, 1935, which
gave Indians limited self-rule.
4. Inspired Future Movements
● It laid the foundation for the Quit India Movement (1942), which finally led to India’s
independence in 1947.

7) Discuss quit India movement in India lead by Mahatma

Gandhi . Discuss the significance of quit india movement
Quit India Movement (1942) Led by Mahatma Gandhi
The Quit India Movement (QIM), also known as the August Kranti (August Revolution), was
launched by Mahatma Gandhi on August 8, 1942, demanding an immediate end to British
rule in India. It was the final major mass movement before India’s independence in 1947.

Causes of the Quit India Movement

1. Failure of the Cripps Mission (March 1942)
● The British sent Sir Stafford Cripps to offer limited self-governance after World War II.
● The proposal was vague and did not promise full independence.
● Indian leaders rejected it, increasing frustration with British rule.
2. Impact of World War II (1939-1945)
● India was forced into the war without Indian consent, causing economic hardship.
● Food shortages, rising prices, and famine-like conditions increased resentment.
3. Growing Repression and Exploitation
● The British government imposed harsh censorship, arrests, and suppressions to control
Indian nationalist activities.
● The suffering of Indians deepened their resolve to fight for independence.
4. Gandhi’s Call for Immediate Freedom
● Gandhi declared, "British must quit India immediately!"
● He gave the famous slogan "Do or Die", urging Indians to fight for independence at all
costs.

Launch of the Quit India Movement (August 8, 1942)

● The All India Congress Committee met in Bombay (now Mumbai) and passed the Quit
India Resolution.
● Gandhi urged mass civil disobedience until the British completely left India.
How the Movement Spread Across India
1. Immediate Arrest of Leaders
● On August 9, 1942, British authorities arrested Gandhi, Nehru, Patel, Azad, and other
leaders.
● This led to massive protests, strikes, and uprisings across India.
2. Mass Strikes and Boycotts
● Workers, students, and peasants refused to work in government offices, factories, and
schools.
● Railways, telegraphs, and transport services were disrupted.
3. Parallel Governments
● In some places, Indians set up their own parallel governments, refusing British rule.
● Example: Baliya (U.P.), Satara (Maharashtra), and Tamluk (Bengal) became centers of
resistance.
4. Violent and Non-Violent Protests
● Unlike previous movements, many protests turned violent due to British repression.
● Police stations, railway stations, and government buildings were attacked.
● The British responded with brutal force, killing thousands of protestors.
5. Role of Women and Youth
● Women like Aruna Asaf Ali, Usha Mehta, and Sucheta Kripalani led protests and
underground activities.
● Usha Mehta ran an underground radio station, spreading nationalist messages.

British Response and Suppression

● The British government used mass arrests, shootings, and torture to crush the
movement.
● Over 100,000 people were arrested, and thousands were killed.
● Gandhi was imprisoned in Aga Khan Palace, Pune, and launched a 21-day fast in
protest.

Significance of the Quit India Movement

1. Strengthened the Demand for Independence
● It was the largest mass movement, proving that Indians were ready to rule themselves.
● Even though the British crushed it, they realized they could not govern India for long.
2. End of British Legitimacy
● After QIM, the British government lost its moral authority in India.
● Global pressure increased on Britain to leave India.
3. Rise of Indian Unity and Patriotism
● People from all religions, castes, and regions participated.
● Even without leaders, ordinary people continued the struggle.
4. Laid the Path for Independence (1947)
 ● After World War II, Britain was economically and politically weak.
● The Quit India Movement created unstoppable momentum for freedom.
● India finally achieved independence on August 15, 1947.

8) Discuss the provision of India independent act

1947. Discuss the significant of the act
Indian Independence Act, 1947
The Indian Independence Act of 1947 was passed by the British Parliament on July 18,
1947, granting independence to India and Pakistan. The act marked the end of British rule in
India and led to the partition of India into two independent dominions—India and Pakistan
—on August 15, 1947.

Provisions of the Indian Independence Act, 1947

1. Creation of Two Independent Dominions
● India and Pakistan were established as two separate countries.
● Pakistan consisted of West Pakistan (present-day Pakistan) and East Pakistan (now
Bangladesh).
2. End of British Rule in India
● The British government no longer had any control over Indian affairs.
● The title of the "Viceroy of India" was abolished.
● The Governor-General became the head of each dominion, acting on behalf of the
British Crown.
3. Partition of Punjab and Bengal
● The provinces of Punjab and Bengal were divided between India and Pakistan.
● A Boundary Commission, led by Sir Cyril Radcliffe, was set up to determine borders.
4. Princely States Given a Choice
● Over 560 princely states were given the option to join India or Pakistan or remain
independent.
● Sardar Vallabhbhai Patel played a key role in integrating princely states into India.
5. Legislative Powers
● The Constituent Assemblies of India and Pakistan became fully sovereign to make their
own laws.
● British laws no longer applied to India and Pakistan.
6. End of British Monarch’s Authority
● The British monarch was no longer the ruler of India.
● However, India and Pakistan could remain part of the British Commonwealth if they
wished.
7. Separate Governments and Armed Forces
● India and Pakistan had separate governments, administrations, and military forces.
 ● Division of civil services, army, and financial assets between India and Pakistan.

Significance of the Indian Independence Act, 1947

1. Official End of British Rule
● After nearly 200 years of British rule, India finally became independent.
2. Birth of Two Nations
● The Act led to the creation of India and Pakistan as two independent nations.
3. Start of Constitutional Democracy
● The Act allowed India to frame its own Constitution and become a democratic republic
in 1950.
4. Major Challenges of Partition
● Partition led to mass migration, communal riots, and violence, causing the deaths of
millions.
● Around 15 million people migrated between India and Pakistan, leading to refugee
crises.
5. Strengthening National Unity
● India worked towards unity and stability under the leadership of Sardar Patel and
Jawaharlal Nehru.

THE MAYOR’S COURT, 1726

●
● The charter of 1726 provided for the establishment of a corporation in each presidency
town. The charter is considered to be an important landmark in the history of legal
system in India as it introduced the English laws into the country.
●
● Factors leading to the Establishment of Mayor’s Court:
● Before 1726 there were different judicial system functioning in the British Settlement,
which were increased in number by 1726. As a result the servants of the many, working
at such different settlements were subject to different sets of courts. There was, thus a
lack of uniformity in the British settlements, for the same offence wild entail different and
sometimes Contrary Penal Consequence. There was also another factor which compelled
the Company to have a uniform law.
● There were quite important distinguishing feature between the Company’s Mayer’s
Court and the Crown’s Mayor’s Courts established under the Charter of 1726. The main
differences are given below,
● (1) The Mayor’s Court under the Charter of 1687 was created by the Company while the
Mayor’s Courts under the Charter of 1726 drew their power directly from the Crown. Thus
the latter were on a superior footing than the former
● (2) The Charter of 1687 created only one Mayor’s Court at Madras, it did not touch the
judicial system prevailing in other settlements, presidencies under the Company.
● The Charter of 1726 created Mayor’ Courts at all the three presidencies that is Madras,
Calcutta and Bombay thus, for the first time, establishing a uniform judicial system.
● (3) The Mayor’s Court established under the Charter of 1687 enjoyed both civil and
criminal jurisdiction. While the mayor’s courts established under the Charter of 1726 were
given jurisdiction in civil matters including testamentary and probate of wills jurisdiction,
Criminal matters were left to be decided by am within the jurisdiction of, Governor-in-
Council which acted as a court in such matters.
● (4) The Charter of 1726 made, for the first time, a provisions for a second appeal to the
King-in-Council which became a precursor of the Privy Council later on. Thus under this
Charter, the first appeal could be filed before the Governor-in-Council and the second
(although in some cases) appeal could be taken to the King-in-Council in England. The
Charter of 1687 did not make such provision. The appeal from the Mayor’s court could be
filed before the Admiralty Court.
● (6) No doubt, the Crown’s Mayor’s Courts established under the charter of 1726 were
definitely superior courts so far as their status is concerned, but in strict judicial and legal
manner, the Company’s Mayor’s Court was better equipped, for there was a provision for
a lawyer-member who was to be called the Recorder. The Charter of 1726 although it
purported to improve the judicial system in India, did not make any such provision. Thus
the Courts established in 1726 were mostly composed of Company’s civil servants who
did not have sufficient experience in legal matters.
● (7) There was yet another important distinction between the two Mayor’s Courts. The
Company’s Mayor Court evolved its own procedure and dispensed justice in accordance
with the rules of common sense, equity and good conscience. It avoided the intricate
procedural technicalities. But the Charter of 1726 which introduced the British laws into
India brought all the legal technicalities of the British Courts of law.
● Thus the entire gamut of British laws and its procedure were foisted on the Courts
established under the Charter of 1726.
● (8) The Charter of 1726, in a way, did away with the concept of separation between the
executive and the judiciary in criminal matters. The Governor-in-Council acted as the
criminal court while the Mayor’s Courts handled only the civil matters and testamentary
and probate of wills cases. On the other hand, the Mayor’s Court at Madras was invested
with power to handle all civil and criminal matters and appeals from its decisions went to
the Admiralty Court rather than the Governor-in-Council.
●
● CONCLUSION:
● The Charter of 1726 also constituted a Mayor’s Court for each of the presidency towns
consisting of a Mayor and nine Aldermen. Three of them i.e., the Mayor or senior
Alderman together with two other Aldermen were required to be present to form the
quorum of the Court. The Mayor’s Courts were declared to be present to fan the quorum
of the Court. The Mayor’s Courts were declared to be Courts of record and were
authorized to try, hear and determine all civil actions and pleas between party and party.
The Court was also granted testamentary jurisdiction in power to issue letters of
administration to the legal heir of the deceased person. It was authorized to exercise its
jurisdiction over all persons living in the presidency own and working in the Company’s
subordinate factories.
 ●
● Appeals from decisions of Mayor’s Court were filed in the Court of Governor and
Council. A second appeal in cases involving 1000 pagodas or more could be made to king-
in-council in England. The court of Governor and Council also decided criminal cases.

Present Judicial System in India

India has an independent and integrated judicial system, meaning that all courts
operate under a unified structure, with the Supreme Court at the top. The judiciary
ensures justice, upholds the Constitution, and interprets laws while maintaining a
separation of powers from the executive and legislature.

Structure of the Indian Judiciary

1. Supreme Court of India (Apex Court)
● Location: New Delhi
● Composition: Chief Justice of India (CJI) + 33 other judges
● Jurisdiction:
o Original jurisdiction (cases involving disputes between states or the
central government)
o Appellate jurisdiction (hears appeals from High Courts and lower courts)
o Writ jurisdiction (enforces fundamental rights under Article 32)
o Judicial review (checks the constitutionality of laws and executive
actions)
2. High Courts (25 in India)
● Each state (or group of states) has a High Court.
● Judges are appointed by the President of India after consultation with the
Chief Justice of India and the Governor of the state.
● Jurisdiction includes appeals from lower courts, writ petitions, and matters
concerning state laws.
3. Subordinate Courts (District and Lower Courts)
● District Courts: Handle civil and criminal cases at the district level.
● Sessions Courts: Handle serious criminal cases (murder, rape, etc.).
● Magistrate Courts: Handle minor criminal and civil cases.
● Family Courts: Deal with marriage, divorce, custody, and family disputes.
● Lok Adalats (People’s Court): Provide quick and cost-effective justice, mostly
for small disputes.
Key Features of the Present Judiciary System
1. Independent Judiciary
● The judiciary is free from executive and legislative influence.
● Judges are given security of tenure and cannot be easily removed.
2. Unified and Hierarchical System
● Supreme Court High Courts District Courts Lower Courts
● All courts follow the rulings of the Supreme Court.
3. Judicial Review
● The courts have the power to declare any law or action unconstitutional if it
violates the Indian Constitution.
4. Public Interest Litigation (PIL)
● Allows any citizen to approach the court on matters of public interest
(environment, corruption, human rights, etc.).
● Increases accessibility to justice for the common people.
5. E-Courts and Digitalization
● Many courts have moved towards online case filing, virtual hearings, and
digital records to improve efficiency.

Challenges Facing the Judiciary

1. Huge Case Backlog – Over 4.4 crore pending cases in courts.
2. Delays in Justice – Cases can take years, even decades, to be resolved.
3. Corruption Allegations – Some cases of judicial corruption have been
reported.
4. Judge Shortage – India has about 21 judges per million people, far below
the ideal number.
5. Expensive Litigation – High legal fees make justice inaccessible for poor
citizens.

Recent Judicial Reforms & Initiatives

● Fast-Track Courts – To speed up cases related to rape, corruption, and
terrorism.
● Alternate Dispute Resolution (ADR) – Encouraging mediation and arbitration
instead of court cases.
● E-Courts Project – Online hearings and digital case management to reduce
delays.
● Judicial Appointments Reforms – Calls for a transparent process in
selecting judges.
Administration of Justice in the
Presidency Towns (British India)
During British rule, the Presidency Towns—Calcutta, Bombay, and Madras—had a
distinct judicial system compared to the rest of India. The administration of justice in
these towns evolved through charters and acts issued by the British Crown.

1. Early Judicial System (Before 1726)

● The British East India Company initially controlled justice through ad hoc
courts.
● Justice was administered based on English common law, Hindu law (for
Hindus), and Islamic law (for Muslims).
● Each Presidency had its own set of courts, leading to inconsistency in legal
proceedings.

2. The Charter of 1726: Establishment of Mayor’s Courts

● King George I issued the Charter of 1726, setting up Mayor’s Courts in
Calcutta, Bombay, and Madras.
● These courts handled civil cases and were presided over by a Mayor and
Aldermen (European merchants).
● Appeals went to the Governor and Council and then to the Privy Council in
England.
● Criminal justice was still under the Governor and Council.
Problems:
● Mayor’s Courts were dominated by British traders, leading to bias and
corruption.
● Incompetent judicial officers with little legal knowledge.

3. The Charter of 1753: Reforms in the Mayor’s Courts

● Introduced more procedural fairness and required judges to take an oath of
impartiality.
● But still lacked a proper legal structure and professional judges.

4. The Regulating Act of 1773 & Supreme Court of

Calcutta (1774)
● Established the Supreme Court of Judicature at Fort William, Calcutta.
● Consisted of a Chief Justice and three puisne (junior) judges appointed by
 the King.
● Had jurisdiction over British subjects, company officials, and anyone under
British control.
● High-handedness of the Supreme Court: The court often clashed with the
Governor-General (Warren Hastings) and local Indian authorities.

5. Supreme Courts in Bombay & Madras (1801, 1823)

● Similar Supreme Courts were established in Madras (1801) and Bombay
(1823) to provide better justice administration.

6. Indian High Courts Act of 1861

● Abolished Supreme Courts and replaced them with High Courts in Calcutta,
Bombay, and Madras.
● These courts combined the powers of the earlier Supreme Courts and Sadar
Adalats (Indian courts).
● Marked the beginning of a modern judicial system in India.

Emergence of the East India Company

The British East India Company (EIC) was founded on December 31, 1600, as a private
trading company with a royal charter granted by Queen Elizabeth I. Its original purpose
was to conduct trade with the East Indies (Southeast Asia), but it eventually focused
on India and China.
Key Factors Behind Its Emergence
1. Trade Ambitions – European nations were eager to participate in the lucrative
spice and textile trade from Asia. The Portuguese and Dutch were already
active in this trade, so Britain wanted a share.
2. Royal Support – The British monarchy granted the company exclusive rights
to trade in the East, giving it financial backing and legal authority.
3. Rivalry with Other European Powers – The EIC had to compete with the
Portuguese, Dutch, and French companies that were already trading in India and
other parts of Asia.
4. Indian Political Landscape – By the 17th and 18th centuries, the Mughal Empire
was weakening, leading to regional fragmentation. The EIC took advantage of
political instability by forming alliances with local rulers.
5. Control Over Indian Economy – Initially, the company set up trading posts
(factories) in Surat (1612), Madras (1639), Bombay (1668), and Calcutta (1690). Over
time, it gained military and political power, leading to British colonial rule.
From Trade to Rule
● Battle of Plassey (1757) – The EIC, led by Robert Clive, defeated Nawab Siraj-ud-Daulah
of Bengal, marking the start of British political dominance in India.
 ● Battle of Buxar (1764) – The victory over the combined forces of Indian rulers further
strengthened EIC's control.
● Diwani Rights (1765) – The Mughal Emperor granted the EIC the right to collect taxes
from Bengal, Bihar, and Orissa, making it the de facto ruler of large parts of India.

Advocate act power and function

The Advocates Act, 1961 is an important law in India that governs the legal
profession and the regulation of advocates. It establishes the Bar Council of India
(BCI) and State Bar Councils, outlining their powers and functions to regulate and
maintain professional standards in advocacy.

Key Features of the Advocates Act, 1961

1. Regulation of the Legal Profession
o The Act defines who can practice law in India and sets qualifications for
advocates.
2. Single Class of Advocates
o Before this Act, there were different categories of legal practitioners
(pleaders, vakils, attorneys, etc.). The Act unified them under one
category: Advocate.
3. Bar Councils
o It provides for the establishment of State Bar Councils and the Bar
Council of India (BCI) to regulate the profession.
4. Right to Practice
o Only those enrolled in a State Bar Council under the Act can practice law
before courts in India.
5. Disciplinary Control
o Bar Councils have the authority to take disciplinary action against
advocates for misconduct.

Powers & Functions Under the Advocates Act

1. Powers and Functions of the Bar Council of India (BCI)
The Bar Council of India (BCI) is the top regulatory body for legal practice in India. Its
powers include:
● Regulating Legal Education
o Sets rules for law courses and institutions.
o Recognizes law degrees from universities.
● Setting Standards for Advocates
o Frames rules for professional conduct and etiquette.
o Enforces disciplinary actions for misconduct.
 ● Granting Recognition to Foreign Lawyers
o Decides whether foreign lawyers can practice in India.
● Conducting All India Bar Examination (AIBE)
o Advocates must pass this exam to get a certificate of practice.
● Protecting Advocate Rights
o Represents lawyers' interests and takes up legal issues affecting them.

2. Powers and Functions of State Bar Councils

Each State Bar Council operates under the BCI and has jurisdiction over advocates in
that state. It has powers like:
● Enrolling Advocates
o Maintains a roll of advocates in the state.
o Ensures only qualified candidates are registered.
● Disciplinary Actions
o Investigates complaints of professional misconduct.
o Can suspend or remove an advocate for misconduct.
● Promoting Legal Education
o Works with law universities and colleges in the state.

Rights & Duties of Advocates Under the Act

Rights of Advocates
● Right to practice law in any court in India.
● Right to meet and consult clients.
● Right to take up legal education and research.
Duties of Advocates
● Maintain professional ethics and integrity.
● Respect the court and legal procedures.
● Avoid conflict of interest.
● Defend the client fairly, regardless of personal views.

Development of Civil Law

What is Civil Law?
Civil law deals with private rights and obligations rather than crimes. It covers areas like
contracts, property, family matters, and torts (civil wrongs).
Historical Development:
Ancient Era
● Roman Law (450 BCE - 565 CE)
 o The Twelve Tables (450 BCE) were the earliest written laws in Rome.
o Justinian Code (529-565 CE) systematized Roman law and became the foundation
for modern civil law systems.
● Medieval Europe (5th - 15th Century)
o Roman law merged with Canon law (Church laws).
o Customary laws varied across regions.
Modern Era
● Napoleonic Code (1804, France)
o One of the most influential civil law codes.
o Inspired many countries in Europe, Latin America, and Asia.
● British Common Law (12th Century Onwards)
o Unlike civil law systems, Common Law evolved through judicial decisions.
o It influenced the legal systems of India, the USA, and other British colonies.
● Indian Civil Law Development
o Derived from British Common Law during colonial rule.
o The Indian Contract Act (1872), Transfer of Property Act (1882), and Civil
Procedure Code (1908) shaped modern civil law in India.

2. Development of Personal Law

What is Personal Law?
Personal law (also called Family Law) governs marriage, divorce, inheritance, and religious
practices based on an individual’s religion or tradition.
Historical Development:
Ancient and Medieval Period
● Hindu Law
o Derived from Manusmriti, Dharmashastras, and Smritis.
o British colonial rule codified some Hindu laws.
● Islamic Law (Sharia)
o Based on Quran, Hadith, and Islamic Jurisprudence (Fiqh).
o Applied to Muslim communities for personal matters.
● Christian & Parsi Laws
o Governed through religious customs.
Colonial Era & British Influence
● The British introduced separate personal laws for Hindus, Muslims, Christians, and
Parsis.
● The Hindu Widows’ Remarriage Act (1856), Hindu Marriage Act (1955), and Muslim
Personal Law (Shariat) Application Act (1937) were key developments.
Post-Independence India
● The Indian Constitution aimed for a Uniform Civil Code (UCC) under Article 44, but
 personal laws remain separate for different communities.
● Major reforms included:
o Hindu Code Bills (1955-56): Modernized Hindu personal law.
o Muslim Women (Protection of Rights on Divorce) Act, 1986: Addressed issues of
maintenance after divorce.
o Christian Marriage and Divorce Acts: Defined legal processes for Christians.
Warren Hastings and Cornwallis: Judicial Reforms in British India
The British East India Company introduced significant judicial reforms during the
18th century to establish control over the Indian legal system. Two key figures in these
reforms were Warren Hastings (Governor-General: 1773–1785) and Lord Cornwallis
(Governor-General: 1786–1793). Their judicial plans laid the foundation for the modern
Indian legal system.

1. Warren Hastings’ Judicial Plan (1772, 1774 & 1780 Reforms)

Warren Hastings introduced the first systematic judicial reforms in British India to
improve the administration of justice.
Key Features of Hastings’ Judicial Plan (1772)
1. Reorganization of Courts
o Diwani Adalat (Civil Court): Established in each district, presided over by a British
collector. Decided civil cases based on local laws (Hindu law for Hindus, Islamic
law for Muslims).
o Faujdari Adalat (Criminal Court): Handled criminal cases, but run by Indian judges
(Qazis & Muftis) under the supervision of the British.
o Sadar Diwani Adalat (Supreme Civil Court): Appeals from district courts were heard
in this central court in Calcutta.
o Sadar Nizamat Adalat (Supreme Criminal Court): Supervised criminal justice, with
the Nawab of Bengal as the nominal head but controlled by British officials.
2. Separation of Revenue & Judicial Functions
o Earlier, the same officials handled revenue collection and judicial matters. Hastings
separated these functions to improve efficiency.
3. Application of Personal Laws
o Hindu law applied to Hindus and Islamic law to Muslims in personal matters like
marriage and inheritance.
4. Abolition of Arbitrary Justice
o Before Hastings' reforms, justice was often informal and based on the whims of
local officials. He introduced written laws and court procedures.
5. 1774 & 1780 Reforms
o 1774: Supreme Court was established in Calcutta under the Regulating Act of 1773.
o 1780: Further reforms to reduce corruption and misconduct in the judicial system.
Limitations of Hastings’ Judicial Plan
● Indian judges were still under the influence of British officials.
 ● Corruption and delays persisted.
● The system was complex and difficult for common people to understand.

2. Cornwallis’ Judicial Plan (1787, 1790 & 1793 Reforms)

Lord Cornwallis made sweeping judicial reforms, improving the system introduced by
Hastings.
Key Features of Cornwallis’ Judicial Plan
Reforms of 1787 (District-Level Reorganization)
1. Collectors Removed from Judicial Work
o Hastings had given revenue officials judicial power, but Cornwallis completely
separated revenue and judiciary.
2. Introduction of Provincial Courts of Appeal
o Replaced the older system with courts at the provincial level for civil cases.
Reforms of 1790 (Criminal Justice Reforms)
1. British Officials in Criminal Courts
o Indian judges (Qazis & Muftis) were seen as inefficient, so Cornwallis replaced them
with British judges.
o Faujdari Adalats (criminal courts) were now under European judges.
2. Uniform Laws
o Introduced a common penal code applicable to all.

The Regulating Act of 1773

The Regulating Act of 1773 was the first major step taken by the British Parliament
to control and regulate the East India Company's administration in India. Before this,
the Company functioned as a trading body but had gained vast political power,
especially after the Battle of Plassey (1757) and Battle of Buxar (1764). Due to
misgovernance and corruption, the British government decided to regulate its affairs.

Key Features of the Regulating Act, 1773

1. Governor of Bengal Becomes Governor-General of Bengal
● Warren Hastings was appointed the first Governor-General of Bengal.
● He had authority over the Governors of Bombay and Madras, but they were
not completely subordinate.
2. Establishment of the Supreme Court (1774)
● A Supreme Court of Judicature was set up in Calcutta.
● Consisted of one Chief Justice and three judges.
● It could hear cases involving the British and Indian people.
3. Control Over East India Company
 ● The Company was required to report revenue and civil affairs to the British
government.
● A new Court of Directors was created in England to oversee the Company's
administration.
4. Restrictions on Company Officials
● Company employees were banned from engaging in private trade.
● Accepting gifts or bribes was made illegal to curb corruption.

The Government of India Act, 1935

The Government of India Act, 1935 was the most comprehensive and significant law
passed by the British Parliament for India before independence. It laid the foundation
for federal governance and was later used as a blueprint for the Constitution of India
(1950).

Key Features of the Government of India Act, 1935

1. Federal Structure
● The Act proposed an All-India Federation, combining British Indian provinces
and princely states.
● However, the princely states refused to join, so this part of the Act was never
implemented.
2. Provincial Autonomy
● Introduced self-governing powers to provinces for the first time.
● Diarchy (dual government) was abolished at the provincial level, giving
Indian ministers full control over subjects like education, health, and
agriculture.
● However, the British Governor retained overriding powers, including veto
authority.
3. Diarchy at the Centre
● While diarchy was abolished at the provincial level, it was introduced at the
central level.
● Subjects were divided into:
1. Reserved Subjects (controlled by the British Governor-General, e.g.,
defense, foreign affairs).
2. Transferred Subjects (controlled by Indian ministers, e.g., education,
health).
● This system was never fully implemented due to opposition.
4. Establishment of Federal Court
● A Federal Court was set up in Delhi (1937) to resolve disputes between
provinces and states.
5. Bicameral Legislature
● The Act introduced a bicameral (two-house) legislature at the central level:
1. Council of States (Upper House) – Indirectly elected.
2. Legislative Assembly (Lower House) – Partially elected.
● However, the British Governor-General had absolute power to override laws.
6. Expansion of Franchise
● About 10% of the Indian population was given the right to vote.
● Voting rights were still limited to property owners, taxpayers, and educated
individuals.
7. Indian Council Abolished
● The Indian Council in London (which advised the British government on
Indian affairs) was abolished.
● Instead, the Governor-General was given direct advisors.
8. Separate Electorates Continued
● The Act continued the system of separate electorates for Hindus, Muslims,
Sikhs, and other minorities, deepening communal divisions.