CHARTER OF 1833

INTRODUCTION:
The 20 years renewal of the charter in 1813 ran out in 1833. This was the time for the government to do a
careful assessment of the functioning of the company in India. The charter was renewed for another 20 years,
but the company was asked to close its commercial business. Thus, this time the charter was renewed on the
condition that Company should abandon its trade entirely, alike with India and China, and permit Europeans to
settle freely in India. The company lost its monopoly in China and also the trade of tea which it enjoyed with
Charter Act of 1813.
INDIA AS A BRITISH COLONY:
The charter act of 1813 legalized the British colonization of India and the territorial possessions of the company
were allowed to remain under its government, but were held "in trust for his majesty, his heirs and successors"
for the service of Government of India. This act made the Governor General of Bengal the Governor General of
British India and all financial and administrative powers were centralized in the hands of Governor General-in-
Council. Thus with Charter Act of 1833, Lord William Bentinck became the "First Governor General of British
India". The number of the members of the Governor General's council was again fixed to 4, which had been
reduced by the Pitt's India act. However, certain limits were imposed on the functioning of the 4th member. The
4th member was NOT entitled to act as a member of the council except for legislative purposes. First fourth
person to be appointed as the member of the Council was Lord Macaulay.
SPLIT IN BENGAL PRESIDENCY:
The Charter Act of 1833 provided for splitting the Presidency of Bengal, into two presidencies which were to be
known as Presidency of Fort William Presidency of Agra. But this provision never came into effect, and was
suspended later. Enhanced Power of Governor General of India Charter act of 1833 distinctly spelt out the
powers of the Governor-General-in-Council. He could repeal, amend or alter any laws or regulations including
all persons (whether British or native or foreigners), all places and things in every part of British territory in
India, for all servants of the company, and articles of war. However, the Court of Directors acting under the
Board of control could veto any laws made by the Governor-General-in-Council.
CODIFYING THE LAWS:
The charter act of 1833 is considered to be an attempt to codify all the Indian Laws. The British parliament as a
supreme body, retained the right to legislate for the British territories in India and repeal the acts. The act of
1833 provided that all laws made in India were to be laid before the parliament and were to be known as Acts.
In a step towards codifying the laws, the Governor-General-in-Council was directed under the Charter act of
1833, to set up an Indian law Commission. First Indian Law Commission So the first law commission was set
up by the Charter act of 1833 and Lord Macaulay was its most important member and Chairman. The other
members of this commission were English barrister Cameron, Macleod of Madras service, William Anderson of
Bombay Service and Sir William McNaughton of the Calcutta Service. Sir William McNaughton did not accept
the appointment. The objectives of the law commission was to inquire into the Jurisdiction, powers and rules of
the courts of justice police establishments, existing forms of judicial procedure, nature and operation of all kinds
of laws. It was directed that the law Commission shall submit its report to the Governor General-in-council and
this report was to be placed in the British parliament.
INDIANSIN THE GOVERNMENT SERVICE:
The section 87 of the Charter Act of 1833, declared that "Normative of the British Territories in India, NOR any
natural Boon subject of "His majesty" therein, shall by any reason only by his religion, place of birth, descent,
color or any of them be disabled from holding any place, office or employment under the company" This policy
was not seen in any other previous acts. So the Charter act of 1833 was the first act which provisioned to freely
admit the natives of India to share an administration in the country.
MITIGATION OF SLAVERY:
This act also directed the Governor General-in-Council to adopt measures to mitigate the state of slavery,
persisting in India since sultanate Era. The Governor General-in-Council was also directed to pay attention to
laws of marriage, rights and authorities of the heads of the families, while drafting any laws.
MORE BISHOPS: The number of British residents was increasing in India. The charter act of 1833 laid down
regulation of establishment of Christian establishments in India and the number of Bishops was made.

CHARTER OF 1853
After twenty years of the Acts of 1833, the time approached for the renewal of the Company's Charter. With the
passage of time there was a growing demand that the double Governments of the company in England should be
ended. It has also been declared that the Court of Directors and the Board of control only resulted in the
unnecessary delay in the business transactions and led to undue expenditure. An application was sent to the
presidencies of India to appoint a secretary of state with a Council. The Secretary of state would be entrusted to
handle all business relating to India.
It had been ideated that the existing legislative system under the Charter Act of 1833 was completely
inadequate. Moreover after the Acts of 1833 there were territorial and the political changes in India. Sind and
Punjab had been annexed to the company's territory. A number of Indian States except Pegu in Burma became
victim of Dalhousie's policy of annexation. Gradually there were the demands of the decentralization of power
and for giving the Indian people the shares in the administration. It was under these circumstances that the
British parliament decided to renew the charter of the company in the year 1853. The company in the preceding
year appointed two Committees to look into the affairs of the company. On the basis of their reports the charters
Act of 1853 was framed and passed.
The charter Acts of 1853 renewed the powers of the company and allowed it to retain possessions of Indian
territories. However this Charter Act did not grant commercial privileges for the specific period of time. Rather
it did not mention any time period. The charter Act of 1853 provided that the salaries of the members of the
Boards of controls, its Secretary and other officers would be fixed by the British government but would be paid
by the company. The number of the members of the court of directors was reduced from 24 to 18 out of which 6
were to be nominated by the Crown. By the Act of 1853, the Court of directors was disposes of their power of
patronage and the high posts were made subjects to the competitive examination, s where no discriminations
would be made on the basis of caste, creed and religion. A committee with Maccualay as its president was
appointed in the year 1854 to enforce his scheme. The Court of directors was empowered to constitute a new
Presidency. The court of Directors, by the Act also could alter the boundaries of the existing states and
incorporate the newly acquired state. This provision was made uses to create a separate Lieutenant
Governorship for Punjab in the years 1859. The Act also empowered the crown to appoint a Law commission in
England to examine the reports and the drafts of the Indian law commission.
In India the separation of the executive and the legislative functions was carried a step further by the provision
of the additional members for the purpose of legislation. The Law Member was made the full member of the
governor General's Executive council. This council while sitting in its legislative capacity was enlarged by the
addition of the six members, namely the chief Justice and others judge of Calcutta supreme Court and four
representative one each from Bengal, madras, Bombay and the north western provinces. The provincial
representatives were to be the civil servants of the company. The governor General was empowered to appoint
two more civil servants to the Council. It had been declared by the Act that discussion sins the Council became
oral instead of writing. Bills were referred to the Select Committees instead to a single s member and legislative
business was conducted in public instead of the secret.
The charter Act of 1853 was a compromise between the two conflicting views. Those who favored the
retentions of the Company's territorial authority were satisfied by the provisions of the charter Act of 1853. The
newly formed Legislative council threatened to alter the whole structures of the Indian government. Thus the
Legislative Council denied the provisions made by the Charter Acts of 1853. The glaring defect of the Charters
Act of 1853 was the continued exclusion of the people of the land with the work of legislation. However the
charter act of 1853, strengthen the oppressive policy of the British Government in India.

HIGH COURTS ACT, 1861

INTRODUCTION:
The British Parliament passed the Indian High Courts Act in August 1861. This Act empowered the crown to
establish a High Court in each of the Presidency towns. Thereupon, the existing Supreme Court and the Courts
of Sardar Diwani Adalat and Sardar Nizamat Adalat were abolished.
Constitution: Every High Court will be a Court of Record consisting of a Chief Justice and not more than 15
puisne judges
a) of whom not less than 1/3rd were to be barristers of minimum 5 years standing and
b) 1/3rd were to be members of the Company's Civil Service having not less than 10 years standing including
minimum experience of three years as a ZILA Judge.
c) the remaining judges could either be from the Bar or the Civil Service, i.e., the persons who had practiced as
Pleaders in the Sardar Adalat or the Supreme Court for at least 10 years or persons who held judicial office as a
Judge of a Small Cause Court for not less than 5 years.
d) it was further provided that the Judges of the Supreme Court and the Sardar Adalat automatically became
Judges of the newly created High Court.
e) the Chief Justice of the Supreme Court was to be the Chief Justice of the High Court of Calcutta.
f) the Judges of the High Court were to hold office during Her Majesty's pleasure.
Every High Court shall have superintendence over every subject to its appellate jurisdiction and has power to
a. call for returns,
b. make Rules and prescribed forms for regulating the practice and proceedings of such courts
c. prescribed forms for keeping books, entries and accounts for the officers of such court
d. settle tables of fees for the Sheriffs, Attorneys, clerks and officers of courts subject to the existing law and
approval of the Governor.
As before no High Court shall have any original jurisdiction in any matter concerning the revenue unless and
until with the previous sanction of the Governor-General or Governor in his discretion. Proceedings are to be in
English. Expenses are charged on provincial revenues.
His majesty by letters patent constitutes or reconstitutes a High Court or amalgamate two High Courts or extend
the Jurisdiction of any High Court beyond the limits of the province where it is situated.
The powers, authority and jurisdiction of the High Courts were as per the letters patent.
I. CIVIL JURISDICTION
a) ORDINARY, ORIGINAL, CIVIL JUIRSDICTION
This extends only within the limits of the Presidency town. It was empowered to try and determine suits in
which the cause of action arose within the local limits of Calcutta or at the time of commencement of the suit,
the Defendant resided or worked for gain or doing business within the limits of Calcutta. It could decide all civil
suits excepting those in which the subject matter involved was less than rupees 100 in value which were tried by
the Small Cause Court.
b) EXTRAORDINARY, ORIGINAL CIVIL JURISDICTION
Whenever expediency or justice required or on the agreement of parties, the High Court could transfer to itself
any suit pending in any court under its superintendence.
c) APPELLATE CIVIL JURISDICTION
It was authorized to hear appeals from the inferior Civil Courts. The jurisdiction is as that of its predecessor,
Sardar Diwani Adalat.
d) High Court exercised the same power over the persons and estates of the infants, idiots and lunatics as that of
Supreme Court.
e) One of the Judges of the High Court was to function of insolvency Court for the insolvent debtors.
II. CRIMINAL JURISDICTION:
a) ORDINARY, ORIGINAL CRIMINAL JURISDICTION:
It extended to the limits of the Presidency town, and European and British subjects.
b) EXTRAORDINARY, ORIGINAL CRIMINAL JURISDICTION:
To try and determine the offences committed by persons residing in places within the jurisdiction of any court
which was subject to its superintendence, and control.
c) APPELLATE JURISDICTION
It was a Court of Appeal from subordinate Criminal Courts. Also, a Court of Reference and Revision from these
courts. It could thus hear and determine all references made to it by the sessions judge and revise proceedings of
the lower criminal courts.
d) It applied the law found in the Indian Penal Code.
III. ADMIRALTY AND VICE ADMIRALITY JURISDICTION:
High Courts was vested with the power of the now abolished Supreme Court as Court of Admiralty (Civil,
Criminal and Maritime Jurisdiction)
IV. MATRIMONIAL JURISDICTION OVER CHRISTIANS:
High courts were authorized to native rules and orders for regulating its proceedings in civil cases but such rules
and orders must not be contrary to the Provisions of the Code of Civil Procedure of 1859. It was extended to her
Majesty subjects professing the Christian Religion.
In criminal cases, same procedure as that of of its predecessor Supreme Court and to follow the Code of
Criminal Procedure, 1861.
V. High Court was to admit and enroll Advocates and vakils. It could also take disciplinary action against them.
Appeals: The decision of the High Court was final in Criminal cases. However in civil cases, appeal from High
Court lay to the Privy Council provided pecuniary value was not less than Rs. 10000/- or the High Court
certified the case as fit one to appeal to the Privy Council.
VI. TESTAMENTARY AND INTERSTATE JURISDICTION:
The High Court was vested with the power to grant probates of wills and letter of administration relating to the
property of deceased persons died without writing a will inter-state. This jurisdiction was inherited from the
Supreme Court.
RESULTS OF ESTABLISHMENT OF HIGH COURTS:
1) The distinction between law and equity was to be abolished and effort was made to fuse law and equity.
2) The uniformity in the procedural law was achieved as one Code of Civil Procedure was to followed.
3) On the original side each High Court had to apply the same law as the Supreme Court. On original side, it
was to apply English law on Civil appellate it was to apply the laws applied by the Mofussil Adalats. However
in the area of Criminal Administrative Substantive law, uniformity was achieved as the IPC 1860 was to be
applied.

INDIAN COUNCILS ACT, 1861

NEED AND OBJECT:
1. The Regulating Act, 1773, introduced the process of centralization and vested with Governor-General and
council, the whole civil and military government of Calcutta presidency and also ordering management and
government of all territorial acquisitions and revenues in kingdoms of Bengal, Bihar and Orissa.
2. The presidencies of Bombay and Madras were brought under the control of Governor-General and council in
matters of war and peace, except in case of imminent necessity or in case of orders received from Court of
Directors to commence war or make treaty of peace.
3. Besides, the Regulating Act empowered to make rules and regulations and issue ordinances for the good
governance of Fort William and factories subordinate to it, which must not be against the laws of England and
those laws must be registered with the Supreme court.
4. This process of centralization was strengthened by the Charter of 1833 and this process presented several
difficulties and to remedy the difficulties arising out of centralization the Indian Councils Act, 1861 was enacted
and it started the process of decentralization.
5. The object of the Act was to give power to the Governor-General-in-council of Madras and Bombay to make
law and to establish new council in other provisions.
6. The Charter Act of 1833 made provision for the enactment of laws by the Governor-General-In-council for
all the persons and for all courts of justice in British India, but could not make laws for local needs and local
conditions.
7. Besides the revolution of 1857 opened the eyes of Britishers and they realized the importance of the co-
operation of the Indians in the administration and the Indian association in the legislation was allowed by this
Act.
PROVISIONS:
1. PROVINCIAL EXECUTIVE AND PROVINCIAL LEGISLATURE:
i. The Governor-in-council constituted the provincial executive and the Governors had power to make rules for
the conduct of business in the councils and each Governor was authorized to determine times and places of
meetings of his legislative council.
ii. The Charter Act of 1833 had taken away the powers and empowered the Governor-General-in-council to
make laws for the personal and courts in British India, but this Act restored the Governor-in-council of Bombay
and Madras.
iii. The power of local legislature was confined to the legislative works only and it could not interfere with the
executive functions of the government.
iv. There were several restrictions on the power of the local councils to make laws for their respective
territories.
V. The bill passed by the local council could not become law unless it received the assent of the local governor
and also of the Governor-General-in-council.
vi. Besides the local council without the previous sanction of the Governor-General, could not make any law
affecting the public debt of India, custom duties or other taxes imposed by the authority of the government of
India, currency and coinage, the religion or religious rites and usages of any class of the crown's subject in
India, the penal code of India, military or naval forces and the relation of the Government with Indian states.
vii. The Governor-in-council was empowered to establish by proclamation, a legislative council for Bengal and
also for north west province and Punjab.
viii. The power of every legislative council was confined to the legislative works and the legislative council
could not interfere with the executive functions of the government.
2. CENTRAL EXECUTIVE AND CENTRAL LEGISLATURE:
i. The council of the Governor-General was enlarged by adding one more ordinary member who was to be a law
expert or jurist.
ii. The Act provided that of five ordinary members, atleast three must belong to the civil service and the fourth
must be a Barrister or advocate of five years standing.
The Secretary of State-in-council was empowered to appoint the commander-in-chief as an extraordinary
member of the Governor-General council.
iv. The Governor-General was empowered to make rules for the conduct of business in council. In the exercise
of this power lord canning introduced the portfolio system in India.
V. The legislative council of the Governor-General was reorganized and it consisted of ordinary, extraordinary
and additional members nominated by the Governor-General.
vi. Not less than one-half of the members nominated by the Governor-General were to be non-official persons
and the Indians were thus were associated with the work of legislation.
vii. The Governor-General was empowered in case of emergency to make and promulgate ordinances for peace
and good governance and territories in India.
viii. The ordinances were to be good valid only for 7 months and they could be disallowed by the crown even
before the expiry of the period of six months.
MERITS:
1. 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 establish a legislative council for
Bengal and also for the North west province and Punjab.
2. Therefore it was possible to make laws according to the local needs and local conditions and it was a step in
the direction of the complete internal autonomy to the provinces.
3. Most of the non-official members chosen for the legislative council were Indians were associated with the
legislative functions and this reduced the feeling of distrust prevailing among the Indians.

Introduction of Privy Council

If we overview the history of Indian Legal System, it clearly reveals that the Indian Legal System is more or
less based on the English Legal System. In fact, the systematic development of Indian judicial institutions,
judicial principles, laws etc. has occurred during British regime itself. Besides this, the British regime in India
has also developed a hierarchical judicial system in India. Accordingly, the highest judicial authority was
conferred on a body of jurists, popularly called as ‘Privy Council’. It has played a significant role in shaping the
present legal system in India. The same is discussed as under.
Origin and establishment of Privy Council:
As it is an accepted fact that, every political system develops for itself a certain sort of legislative, executive and
the judicial machinery for its smooth working and administration. Establishment of Privy Council was with the
same objective. The Privy Council was nothing but the judicial body, which heard appeals from various courts
of the British colonies including India.
The origin of Privy Council can be traced back to the Norman Period of English. At the beginning of 11th
century, the Normans introduced a Central Government in England for controlling their executive, legislative as
well as judicial Departments. There was a Supreme Federal Council of Normans. It was known as ‘Curia’ and it
acted as the agency of Normans to rule England. Through it the whole administration in England was
controlled. However, gradually with the passage of time, Curia gets divided into ‘Curia Regis’ and ‘Magnum
Concillium’. Out of them, Magnum Concillium was to deal with executive matters whereas Curia Regis
performs judicial functions.
The Curia Regis was a small body consisting of high officials of the State, members of the Royal household and
certain clerks chosen by the Crown itself. Their duty was to advice the King in matters of legislation and
administration and to deliver a justice. In fact, the Curia Regis acted as a final Appellate Court for England and
English Empire. Gradually, the Curia Regis came to be considered as the advisory body of the King performing
most of the vital functions in the field of judicial administration. Finally, during the regime of Henry II, there
was a tremendous increase in the Judicial Functions of Curia Regis and it lead to the formation of two different
Common Law Courts in England. They are:
1. King-in-Parliament i.e. Court of House of Lords
2. King-in-Counsel i.e. Court of Privy Council.
The former became the highest Court of Appeal for the Courts in England while the later acted as the highest
Court of Appeal for all British Possessions and Settlements beyond the seas. In this way, the Privy Council was
established during the middle of 16th century. It thus acted as the advisory body of the King with regard to the
affairs of the State. Headquarter of the Privy Council was at Landon and its powers were implemented through
the means of royal proclamations, orders, instructions etc.
Composition of Privy Council:
As far as India is considered, the Privy Council acted as an appellate body since 1726 with the establishment of
Mayor’s Court in India. Earlier, the Privy Council used to do its work by means of a system of committees and
sub-committees. However, the committees did not have permanent existence and membership and mostly
members were the persons with little judicial experience. Naturally it affected the administration of justice. In
1828, Lord Bourgham criticized such a constitution of Privy Council keeping in view the extent and importance
of the appellate jurisdiction of Privy Council. Subsequently, in 1830 he became the Lord Chancellor and during
his regime, the British Parliament enacted the Judicial Committee Act, 1833 in order to reform the constitution
of Privy Council. In this way, officially the Privy Council was created on 14th Aug. 1833 by the Act of the
Parliament. The Act empowered the Privy Council to hear appeals from the courts in British Colonies as per the
provisions of the Act. Accordingly under this Act, the quorum of judicial committee of Privy Council was fixed
to be four. It composed of Lord President, Lord Chancellor and other Chancellors holding judicial offices. This
quorum was reduced to three in 1843. The recommendations to the Crown were given by the majority of
quorum. Thereafter, by means of the Appelate Jurisduction Act, 1908 this membership of the judicial committee
was extended. It also empowered His majesty to appoint certain members not exceeding two. These were
nothing but the judges of High Court in British India. Thus some of the members of the Privy Council were the
persons versed in Indian Laws.
Appeals from Courts in India to the Privy Council:
This can be discussed under following sub-headings.
a. Charters of 1726 and 1753: In the Indian Legal History, the Charter of 1726 granted the right to appeal from
the Courts in India to Privy Council. The said Charter established three Mayor’s Courts at Calcutta, Madras and
Bombay. The provision was made as to first appeal from the decisions of Mayor’s Court to the Governor-in-
Council in respective provinces and the second appeal from to the Privy Council in England. Where as the
Charter of 1757, which re-established the Mayor’s Courts reaffirmed the said provisions of Appeal to Privy
Council from Mayor’s Courts.
b. The Regulating Act, 1773: This Act empowered the Crown to issue a Charter for establishment of Supreme
Court at Calcutta. Thus the Charter of 1774 was issued by the Crown to establish a Supreme Court at Calcutta
and it abolished the respective Mayor’s Court. Section 30 of this Charter granted a right to appeal from the
judgments of Supreme Court to Privy Council in Civil matters if following two conditions were followed;
i) Where the amount involved exceed 1000 pagodas
ii) Where the appeal is filled within six month from the date of decision.
In the same way, the Act of 1797 replaced the Mayor’s Court at Madras and Bombay with the Recorders Court
and provided for direct appeals from these Courts to the Privy Council. Thus the right to appeal from King’s
Court to Privy Council was well recognized. Besides this, there were Company’s Court i.e. Sadar Diwani Adalat
and Sadar Nizamat Adalat. They also recognized the right to appeal to the Privy Council from their decisions.
Accordingly the Act of Settlements, 1781 provided for right to appeal from Sadar Diwani Adalat at Calcutta in
Civil matters.
c. Appeals to Privy Council from High Courts: Under the Indian High Courts Act, 1861 the high Courts were
established at three Provinces. It was the amalgamation of King’s Courts and Company’s Courts. This Act
provided for the right to appeal from High Courts to Privy Council from all of its judgments except in Criminal
matters. In addition to this, there was a provision of Special leave to Appeal in certain cases to be so certified by
the High Courts.
d. Appeals from Federal Court in India to Privy Council: The Government of India Act, 1935 provided for
the establishment of Federal Court in India. The Federal Court was given exclusive original jurisdiction to
decide disputes between the Center and constituent Units. The provision was made for filing of appeals from
High Courts to the Federal Court and from Federal Court to the Privy Council. The Federal Court also had
jurisdiction to grant Special Leave to Appeal and for such appeals a certificate of the High Court was essential.
e. Abolition of jurisdiction of Privy Council: In 1933, a white paper was issued by the British Government for
establishment of the Supreme Court in India so as to here appeal from Indian high Courts. It was the first step in
avoiding the jurisdiction of Privy Council. After Indian independence, the Federal Court Enlargement of
Jurisdiction Act, 1948 was passed. This Act enlarged the appellate jurisdiction of Federal Court and also
abolished the old system of filing direct appeals from the High Court to the Privy Council with or without
Special Leave. Finally in 1949, the Abolition of Privy Council Jurisdiction Act was passed by the Indian
Government. This Act accordingly abolished the jurisdiction of Privy Council to entertain new appeals and
petitions as well as to dispose of any pending appeals and petitions. It also provided for transfer of all cases
filed before Privy Council to the Federal Court in India. All powers of the Privy Council regarding appeals from
the High Court were conferred to the Federal Court. Thereafter with the commencement of the Constitution of
India in 1950, the Supreme Court has been established and is serving as the Apex Court for all purposes in
India. It hears appeals from all the High Courts and Subordinate Courts. With this the appellate jurisdiction of
the Privy Council finally came to an end.
Role of Privy Council:
The Privy Council has contributed a lot in development of Indian Legal System. It served a cause of justice for
more than two hundred years for Indian Courts before independence. As far as the judicial institution is
concerned, the Privy Council was a unique and unparallel among all the Courts round the world. It set the task
of ascertaining the law, formulating legal principles, molding and shaping the substantive laws in India. It also
helped in introduction of the concept of ‘Rule of Law’, on which we have setup the whole philosophy of our
‘Democratic Constitution’. Besides the Privy Council also lead to the introduction of Common Law in India,
which forms the basis almost all present Indian laws.
The contribution of Privy Council in personal laws like Hindu Law and Muslim Law is also noteworthy. It acted
as a channel, through which English legal concepts came to be assimilated with the body and fabric of the
Indian law. it always insisted on the maintenance of the highest standards of just and judicial procedure,
especially in the field if criminal justice. In this way; the decisions of Privy Council have enriched the Indian
jurisprudence in many respects. Its contribution to the statute law, personal laws, and commercial laws is of
great importance. Thus during the period of 1726-1949 and specifically after 1833 and onwards, the Privy
Council has played a magnificent role in making a unique contribution to Indian laws and the Indian Legal
System. The fundamental principles of laws as laid down by the Privy Council are considered as path finder for
the Indian Courts still today.
At present also, the Privy Council command a great respect among Indian lawyers, judges as well as Indian
public as the highest judicial institution. Some of the principles laid down by the Privy Council are still
followed by the Supreme Court of India. The view taken by the Privy Council is binding on the High Courts in
India till the Supreme Court has decided otherwise. One of such instance can be given in the form of ‘principle
of absolute liability’ as propounded by the Supreme Court in the historic olieum gas leak case. Thus as a whole,
the contribution of Privy Council is considered as remarkable for the development of Indian Legal System and
Indian Judicial Administration. It has played a great unifying role in shaping divergent laws in India.
Drawbacks of Privy Council: In spite this contribution of Privy Council, it suffered from following
drawbacks:
1. For long, it was staffed by Englishmen only, having no knowledge of Indian laws.
2. The location of the Privy Council was in England far away for common man in India making it
disadvantageous.
3. The subjection to the jurisdiction to foreign judicial institution i.e. the Privy Council was considered as a
symbol of slavery.
4. All this put the poor man in India in difficult situations for seeking justice.
Abolition of Privy Council Jurisdiction.
(1) As from the appointed day, the jurisdiction of His Majesty in Council to entertain, and save as hereinafter
provided to dispose of appeals and petitions from, or in respect of, any judgment, decree or order of any court or
tribunal (other than the Federal Court) within the territory of India, including appeals and petitions in respect of
criminal matters, whether such jurisdiction is exercisable by virtue of His Majesty’s prerogative or otherwise,
shall cease.
(2) The appeals and petitions aforesaid are hereinafter referred to as “Indian appeals” and “Indian petitions”
respectively.
Conclusion:
From the above discussion, it reveals that the Privy Council has rendered a meritorious contribution in the
development of Indian legal system and judicial institutions. It introduced many fundamental legal principles in
Indian legal system. It shaped the judicial institutions in India. As a whole its role is very significant in
developing the legal system in India as it exists presently.

THE FEDERAL COURT OF INDIA

As early as 1921, Sir Hari Singh Gour (who was the president of the High Court Bar Association in Nagpur and
Member of the Constituent Assembly that framed India's Constitution) realized the necessity of establishing an
all India Court of final appeal in India in place of Privy Council. He introduced a resolution in the Central
Legislative Assembly as follows:
1. The Judicial committee of the Privy Council was not a tribunal or a court but merely an advisory body
constituted and intended to advise the King in his capacity as the highest tribunal for his Dominions.
2. When Canada, Australia and South Africa had such a tribunal, why we should not have a Supreme Court of
our own in this country.
3. The expense of an appeal to the Privy Council was to be disallowed.
4. The distance from India of the Privy Council resulted in unnecessary delay in the final disposition of cases.
5. The Judicial committee was not equipped to decide cases involving the intricacies of Hindu and
Mohammedan laws
6. The Privy Council refused to hear criminal appeals unless there had been a gross failure of justice in the
Indian court.
Jinnah, Gandhi and Sir Taj Bahadur Sapru were supporting Gour's resolution for establishment of a Supreme
Court.
As a result the British Parliament passed the Government of India act of 1935 which provided for the
establishment of a Federal Court in India.
Under the Govt. of India Act, a federal government consisting of provinces as its component units was formed
in India. There might arise disputes between the centre and the units or between the constituent units themselves
in a federal polity. Therefore Federal Court was established to act as an guardian of the constitution and to settle
disputes between the centre and the units or between the units themselves.
On 1st October 1937, the Federal Court was inaugurated at Delhi and the Viceroy administered the oath of
allegiance to three judges of the court, namely Chief Justice and two Puisne judges.
The Federal Court was a court of record. It sat at Delhi and at such other places as the Chief Justice of India
may declare, with the approval of the Governor General of India, from time to time.
COMPOSITION:
1. The Federal Court consisted of a Chief Justice of India and not more than 6 puisne judges, all of them
appointed by his Majesty under the Royal Sign Manual.
2. They were to hold office until the age of 65years.
3. A judge could resign even before the age of 65, by addressing his resignation to his Majesty.
4. His majesty was empowered to remove a Judge from his office on the grounds of misbehavior or infirmity of
mind or body on the recommendations of the Privy council.
For appointment of a Judge, Act of 1935 provided that a person having any one out of the three qualification
will be qualified.
Qualification:
1. 5yrs experience as judge of the High Court or
2. a Barrister or an advocate of 10yrs standing or
3. a pleader in a high court of 10yrs standing.
As regards Chief Justice, it was provided that a person should have either 15yrs experience of standing in a
High Court as a barrister, advocate or pleader or have been one when 1st appointed as a judge.
The salaries, allowances, leave and pensions of the judges of the federal court including the Chief Justice were
to be determined by King -in-council. The court was completely independent of the federal provincial and state
governments. At that time Chief Justice got a salary of Rs.7000/-per month and other judges Rs.5000/-per
month.
Jurisdiction of the Federal Court:
It was given 3 kinds of jurisdiction 1. Original 2. Appellate 3. Advisory.
1. Original Jurisdiction: Original jurisdiction was confined to disputes between units of the Dominion or
between the dominion and any of the units. The Federal Court had no power to entertain suits brought by
private individuals against the Dominion.
The federal court in the exercise of the original jurisdiction shall not pronounce any judgment other than a
declaratory judgment. The federal court was not authorized to enforce its decision directly. Therefore, section
210(1) provided that "All authorities civil and criminal throughout the federation, shall act in aid of the federal
court". But their decisions were not final. It could be appealed to the Privy council.
2. Appellate Jurisdiction: The Federal court exercised appellate jurisdiction in constitutional cases under the
Act of 1935.This jurisdiction was extended to civil and criminal cases from 1948.
a. Appellate Jurisdiction in Constitutional Cases: An appeal shall lie to the federal court from any judgment,
decree or final order of a High Court if the High court certifies that a case involves a substantial question of law
as to the interpretation of their act or any order-in-council or any order.
b. Appellate Jurisdiction in Civil Cases: Section 3 of the Act of 1947 provided as follows "as from the
appointed day (i.e. 1st February 1948)
1) An appeal shall lie to the Federal court from any judgment of a high court in civil cases:
 Without the special leave of the Federal court if an appeal could have been brought to his Majesty in
council without special leave under the provisions of the code of civil procedure 1908 or any other law
inforce immediately before the appointed day.
 With the special leave of the federal court in any other case.
2) No direct appeal shall lie to his Majesty-in-council either with or without special leave from any such
judgment.
c. Appellate Jurisdiction in Criminal Matters: The Federal court exercised criminal jurisdiction as like Privy
council.
Advisory Jurisdiction:
If at any time it appears to the Governor general that a question of law has arisen or is likely to arise which is of
public importance that it is expedient to obtain the opinion of the Federal court upon it, he may refer the
question to that court for consideration.
The Federal Court Was a Court of Record: The law declared by the Federal court was binding on all the sub-
sordinate courts in British India and the state courts.
Appeals to Privy Council: Appeals from the decision of the Federal court lay to the privy council in cases
where, the judgment was given by the federal court in exercise of the original jurisdiction or any other case, by
leave of the federal court or special leave to appeal by the Privy council.
Conclusion:
In 1949, the Constituent Assembly passed the abolition of the Privy council jurisdiction act. It severed all
connections of the Indian Courts with Privy council. It transferred all pending cases to the federal court for final
disposal. The federal court functioned until the coming into force of the Indian constitution with effect from
January 26, 1950 when it gave way to the Supreme court of India. Nevertheless, its contribution to Indian
Judicial system in setting healthy traditions of fair play and justice has earned it a unique place in the legal and
constitutional history of India.

LEGAL PROFESSION IN INDIA BEFORE 1726

1. Charter of 1661, granted by Charles II made the first provision for the exercise of judicial powers by the
company. It was authorized be govern its employees in a legal and reasonable manner.
2. General Judicial authority was given to the Governor and council of each factory to judge all persons
belonging to them according to the laws of the kingdom.
3. The authority of the company came to be exercised at Madras (1639), Bombay(1668) and Calcutta).
4. The Charter of 1683 introduced lawyer, judges of the Admiralty court. The Admiralty court was established at
Bombay in 1684 and Madras in 1686.
5. The company was not interested in organizing the legal profession the legal profession and was reluctant in
sending lawyers from England to India.
6. The whole judicial system was executive oriented. Before 1726, the courts were court of east India Company
and derived their authority not from the British crown but from the company. Each settlement had its own
judicial system and distinct from others.

CHARTER OF 1726:
1. It was granted by George-I, established Mayor's court in all the presidency towns. Mayor's court was not a
company's court but a crown's court. They were to follow well defined procedure based on English laws.
2. No provision was made laying down any particular qualifications for the persons who would be entitled to act
or plead as legal practitioners in these courts.
3. Even the charter of 1753 made no effective change in the legal profession and no organized legal profession
in the presidency towns during the period of Mayor's court. Those who practiced law were denied of legal
training or knowledge of law.

LEGAL PROFESSION UNDER THE SUPREME COURT:

1. The Regulating Act, 1773 empowered the British crown to establish a supreme court at Calcutta and this
court framed rules of procedure for administration of justice and due execution of its powers.
2. Charter of 1774 empowered the supreme court to approve, admit and enroll such and so many advocates and
attorneys at law as to court shall meet.
3. The Supreme court was to have power to remove any advocate or attorney.
4. Clause II of the Charter of 1774 made it clear that no other persons but advocates or attorneys could appear
and plead or act in the supreme court on behalf of such suitors or any of them.
5. The term 'advocate' at that time extended only to English and Irish Barristers and members of faculty of
Advocates in Scotland. The expression 'Attorney' means only the BRITISH Attorneys.
6. The indigenous Indian legal practitioners such as vakils, mukhtams had no entry to this court. There were no
Indians possessing the degree of 'Barrister' at that time.
7. The British advocates took advantage of this provision and began to exploit Indians. They used to change
more than 5 to 7 times excess than in England.

LEGAL PROFESSION IN INDIA:

ACT OF SETTLEMENT:
After the establishment of Supreme court at Calcutta, a serious conflict arose between the judges of that court
and the Governor-General and council. To avoid this conflict, Act of Settlement was passed in 1781. It did not
introduce any change in the legal profession so far as the Supreme court was concerned. However it empowered
the Governor-General and council to frame regulations to be sent to the court of directors and secretary of state
within 6 months. The king-in-council could disallow or amend any such regulation within 2 years.

HISTORY OF LAW REPORTING IN INDIA

INTRODUCTION:
The origin and development of law reporting is essentially an concomitant of the doctrine of binding force of
Precedent which formed the backbone of the English law, to which the modern Indian legal system owes its
origin.
The Judges of the Crown's Courts and the Company's Court in India were Englishmen who had their legal
training in England. So they naturally followed the English tradition of relying on Precedents while
administering justice in India.
Origin of Law Reporting:
This can be traced back to the establishment of the Supreme Court at Calcutta in 1774. In the initial stages Law
Reporting was not well organized and only some sporadic individual efforts were made by Lawyers or Judges to
prevent contradictory rulings and bring out uniformity in decisions.
Reports of Earlier Supreme Courts:
a. In 1824 Sir Francis Macnaughten, a former Judge of the Supreme Court, included certain cases in his
publication entitled 'Considerations upon Hindu Law'. This work contained decided cases on Hindu Law.
b. Sir William Macnaughten published his 'Dissertation on Mohammedan Law' in 1825 which contained
important cases on Mohammedan law. Besides Longueville Clarkes editions of rules and orders of the Supreme
Court published in 1829 contained notes of cases. The Smoult's 'Collection of Orders' from 1774-1813'
published in 1834 also contained notes of cases.
c. Thereafter some efforts were made at law reporting and reports of cases decided by the Supreme Court at
Calcutta were published. Notable among them were Morton's reports covering a long period from 1774 to 1841.
Morley commended Morton's Reports as 'a work of the greatest utility and authority'.
d. Bignell's Reports 1930-1931, Fulton's Reports of cases by the Supreme Court between 1842-1844, Gaspers
Commercial cases 1851-1860, George Taylor's Reports of cases 1847-1848, Taylors and Bell's Reports 1847-
1853 were some publications which contributed a lot to the development of law reporting in India.
The decisions of Bombay Supreme Court were collected by Sir Pasbirs Perry. The decisions of Madras Supreme
Court were published by Sir Thomas Strange in 3 volumes covering the period 1798-1816.
The above reports were not easily available as they had gone out of print. Consequently an attempt was made to
reprint them. A publication of a new series known as the Indian Decisions (old series) edited by J.A.
Venkataswamy Raw was started from 1911.
Law Reporting - Sadar Diwani Adalats:
a. The Sadar Adalats were company's courts and were the apex of the Mofussil Judicial system.
b. The first printed reports of cases decided in this Adalat at Calcutta were started by Sir William Macnaughten,
the then Registrar of the Adalat. They were published in 7 volumes covering the period from 1791-1849.
c. Report of cases mainly summary appeals decided in the Sadar Diwani Adalat at Calcutta, were published by
Sevestre, a pleader of the court.
d. The publication of the monthly report containing decisions of the Adalat was started from 1845, known as the
Bengal Sadar Diwani Adalat Reports. These cases have been reprinted as Indian Decisions (old series) from 6th
volume onwards.
e. The reports of the cases decided in the Sadar Diwani Adalat at Madras are limited in number. A volume
entitled 'Decrees' in appeals suit decided by the Sadar Adalat was published in 1843. It contained selected
decrees of the Adalat from 1805-1826. The cases on Hindu law in this volume provide a wealth of information
about the doctrines of Southern Hindu School.
f. The reports on Bombay Adalat include Borradaile's reports published in two volumes (1825). The second
publication appeared in 1843 which was prepared by the Deputy Registrar of the Adalat. It contains cases from
1820-1840 in a chronological order.
Reports of Sadar Nizamat Adalat:
a. Only two series of reports were printed. One series comprised of 5 volumes and contained sentences of the
Sadar Nizamat at Calcutta. The second series contained criminal cases decided by Sadar Fauzdari Adalat at
Bombay(1827-1846).
b. A monthly series of Sadar Nizamat Adalat at Calcutta was started from 1851. Monthly reports of Sadar
Fauzdari Adalat of madras was also started.
c. In 1855 Morris published cases disposed by Sadar Fauzdari Adalat of Bombay.
Law Reports of Earlier High Courts:
High Courts were established in 1862. The high court of Madras published the Madras High Court reports in 8
volumes covering a period from 1862-1875. Similar reports were published by the High Courts of Calcutta and
Bombay. Bombay High Court reports (1862-1875) ran in 12 volumes.
Besides these official reports, certain Reports were also published by private entrepreneurs. The main among
them were Weekly Reporter, Indian Jurist at Calcutta, Madras Jurist, two volumes of Hyde Reports of Calcutta
High Court, 3 volumes of Henderson Reports of Calcutta High Court(1878-1883) and 15 volumes of Bengal
Law Report of the Calcutta High Court (1868-1876).
The Indian Law Reports Act, 1875:
Sir James Fatzjames Stephen, the law member of the Government of India in his Minutes of 1872 expressed
great dissatisfaction with the system of law reporting. He pointed out that private publications had no other
interest than commercial one. Many of them were mere reprints of written judgments of the Judges with no
statement of facts of the case or arguments of the counsels.
As a result of his efforts, the Indian Law Reports Act, 1875 was passed. Section 3 of the Act specially provided
'no court shall be bound to hear, cite or shall receive or treat as an authority binding on it the report of any case
other than a report published under the authority of the Government.
The purpose of Section 3 was to diminish the quantity of law cases in the Courts. Though the Act came to be
regarded as a partial restriction on private law reporting but had no express authority to regulate law reporting.
This Law Reports Act 1875 applied only to the decisions of the High Courts and not to the decisions of the
Privy Council, the Federal Court or the Supreme Court.
Official High Court Reports:
Each high court has a series of Indian Law Reports (ILR) for itself.; Bombay, Calcutta, Madras and Allahabad-
1876
Patna --922
Lucknow--1926
Nagpur –1936
Punjab --1948
Cuttack and Assam--1949
Rajastan and Mysore --1951 Andra Pradesh --1954
Kerala--1957
Gujarat-1960
And Supreme Court Reports.
Non-Official Law Journals:
The Indian Law Reports Act 1875 could not suppress non-official reports, which were on a commercial basis.
Notable among them weekly reports and journals published from Allahabad, Bombay, Calcutta, Patna, Madras,
Madhya Pradesh, Mysore, Rajasthan, Delhi, etc.
The most popular present day publication is the All India Reporter(AIR) started publication from Nagpur (1922)
and continues up to-date.
Besides the above there are a number of reports in India of a special nature such as Company Cases
Supplement, Factories Journal Reports, Income Tax Reports, Labour Law Journal, Sales Tax Cases, Criminal
Law Journal, Election Law Reports etc.
Reports of the Privy Council:
The important judgments of the Privy Council were reported(1950) under the superintendence and control of
Council of Law Reporting for England and Wales.
Reports of Federal Courts:
-started in 1935 and continued till 1949. Contained important judgments of the Federal Court.
Reports of the Supreme Court (After Independence):
Supreme Court replaced Federal Court (26.1.1950). So Federal Courts Reports were renamed Supreme Court
Reports which is the official series reporting cases of the Supreme Court. It is issued in monthly parts.
Every Advocate seeks Law Reporting's help to prepare his case according to the precedent case law. Thus law
reporting is very useful in courts for the easy and early disposal of the cases.
Suggestions of Law Commission on Law Reporting:
a. The Law commission has proposed the establishment of a Law Reporting Council for proper selection and
reporting of cases.
b. Short notes of cases may be made available before the regular reports are published.
c. The cases reported should contain all essential elements such as the name of the court, parties, nature of
pleadings, facts of the case and cause of action, arguments, decisions and judgments. These are now generally
available on the website.
d. The Commission has particularly emphasized the need for prompt reporting of cases without loss of time so
that they may be readily available to the practicing lawyers.
e. It also suggested that before reporting of a case, the judgment should be checked by the Judge who delivered
it, so as to maintain accuracy and authenticity of the reporting.
Conclusion:
In actual practice, this proposal of Law Commission seems impractical. But it is true that effective control has
to be exercised on private Reporters so as to prevent mushroom growth of law reports which is adversely
affecting the quality of law reporting in India.
Government of India Act, 1909 (Minto-Morley Reforms)
By 1909 the political turmoil and unrest prevailed in India. The Extremists Hindu and Congress activities had
forced the Muslims to give a serious thought to their future line of action in order to protect and safeguard their
interests as a nation. By now the Muslims had come to realize with firmness that they were a separate nation.
The demand for separate electorate by the Simla Deputation and later by the Muslim League was the first step
taken into the direction to protect and maintain the separate image of the Muslims.
Minto-Morley Reforms
The British Government had realized the importance of Muslim’s anxiety about their future and was convinced
that the present constitutional provisions were inadequate to provide safeguards to the Muslims. The
Government therefore, decided to introduce new constitutional reforms to dispel Muslim suspicions. The
Government made it clear that it was in favour of giving more rights to the Indian people. The Viceroy Lord
Minto in accordance with the policy of the Government set to the task of preparing a draft Bill, in collaboration
with Lord Morley, the Secretary of State for India, for the introduction of constitutional reforms. The Bill was
prepared and presented in the Parliament for approval. The Bill, after approval by the Parliament and Royal
Assent, was enforced in 1909 and came to be known as Minto-Morley Reforms of 1909.
Salient Features, Government of India Act 1909
The Act contained the following provisions:
1. Separate Electorate was accepted for minorities.
2. The preparation of separate electoral rolls was ordered.
3. The Legislative Councils were expanded.
4. The authority of the Council was enhanced. The members were given more liberties. Members were allowed
to present Resolutions, discuss Budget and put up questions.
5. The Viceroy’s Council’s membership was fixed at sixty members.
6. The membership of the provinces of Bengal, U.P., Bihar, Bombay, Madras and Orissa was fixed at 50
members whereas the membership of the provinces of Punjab, Burma, and Assam was fixed at 30 members.
7. The Indian were included in the Executive Council of the Viceroy and in the provincial Executive Councils.
8. The local bodies, trade unions and universities were allowed to elect their members.
9. Lt. Governors were appointed in Bengal, Bombay and Madras. These provinces were given right to form
their own Councils.
Defects of Minto-Morley Reforms
There were some inherent defects in Minto-Morley Reforms due to which the Minto Morley Scheme could not
last very long. These reforms had following defects:
1. The Minto-Morley Reforms did not provide for mode of electing the representatives.
2. The system failed to develop a sense of accountability among the representatives.
3. The voting rights were squeezed which made the electorate too narrow and restricted.
4. The authority given to the elected members of raising questions and criticizing the policies proved useless as
the real legislative authority rested with the Government and its nominated persons.
5. The legislative bodies lacked effective control on the Government agencies.
6. The Central Government exercised vast authority in the financial sphere.
Provincial expenditures were controlled by the Central Government which could cut the provincial expenditures
at will.
Significance of Minto-Morley Reforms
Following is the importance of Minto-Morley Reforms:
1. The Minto-Morley Reforms gave impetus to the constitutional development in India.
2. These reforms introduced the system of elections for the first time which created a great deal of political
awareness among the Indian people.
3. The acceptance of separate electorate for the Muslims enhanced their political importance and significance.

Conclusion
The importance and utility of Minto-Morley Reforms cannot be set aside because of some weaknesses in the
scheme. It acceded the Muslims, their much cherished demand, the separate electorate in the provinces where
legislative councils existed. The Muslim League performed in a commendable manner by achieving major
demands of the Muslims after only two years of its inception. It scored an amazing political triumph within a
short time of its political struggle. The separate electorate set the course of Muslim freedom movement which
culminated in the shape of Pakistan after a forty years intense struggle. It also gave strength to the Two-Nation
Theory which became the basis of Muslim freedom struggle

Government of India Act 1919 (Montagu-Chelmsford Reforms)

Secretary of state, Edwin S.Montage and the viceroy of India Lord Chelmsford wrote an inquiry report
regarding participation of Indians and responsible government in India, this report was published in 1918,
Report on Indian constitutional Reform.
In line with the government policy contained in Montagu’s statement (August 1917), the Government
announced further constitutional reforms in July 1918, known as Montagu- Chelmsford or Montford Reforms.
The government of India Act 1919 was passed by the British Parliament.
The Act embodied the reforms recommended in the report of the Secretary of State for India, Edwin Montagu,
and the Viceroy, Lord Chelmsford.
a) The Act covered ten years, from 1919 to 1929.
b) The act was enacted for ten years from 1919 to 1929.
c) The Act provided a dual form of government (a "dyarchy") for provinces.
Matters of administration were first divided between the centre and the provinces and then the provincial
subjects were further bifurcated into transferred and reserved subjects. The transferred subjects were to be
administered by the governor with the help of ministers responsible to the legislative council composed mainly
of elected members.
The Transferred subjects are:
(1) Education, (2) Libraries, (3) Museums, (4) Local Self-Government, (5) Medical Relief, (6) Public Health
and Sanitation, (7) Agriculture, (8) Cooperative Societies, (9) Public Works, (10) Veterinary, (11) Fisheries, (12)
Excise, (13) Industries, (14) Weights and Measure, (15) Public Entertainment, (16) Religion and Charitable
Endowments, etc.
The reserved subjects were to remain the responsibility of the governor and his executive council which was not
responsible to the legislature.Governor got the power to override ministers and executive council.
The Reserved Subjects are:
(1) Land Revenue, (2) Famine Relief, (3) Justice, (4) Police, (5) Pensions, (6) Criminal Tribes, (7) Printing
Presses, (8) Irrigation and Waterways, (9) Mines, (10) Factories, (11) Electricity, (12) Labour Welfare and
Industrial Disputes, (13) Motor Vehicles, (14) Minor Ports, etc.
The Significance of the Act of 1919
World War I was important for India’s nationalist movement. Indians of all persuasions overwhelmingly
supported Great Britain and the Allied cause during the war. Nearly 800,000 Indian soldiers plus 500,000
noncombatants served in Europe and the Middle East. Communal relations between Hindus and Muslims took
several turns between the passage of the India Councils Act in 1909 and 1919. The reunion of Bengal in 1911
(which canceled its partition into two provinces) pleased the Hindus but antagonized the Muslims. The All-India
Muslim League began to attract younger and bolder leaders, most notably a brilliant lawyer named Mohammad
Ali Jinnah (1876–1946). Similarly Mohandas K. Gandhi (1869–1948) and Jawaharlal Nehru (1889–1967)
emerged as leaders of the Indian National Congress. Many in India’s Muslim minority became concerned with
the ultimate fate of the Muslim Ottoman Empire, which fought in the opposing Central Powers camp. World
War I also aroused both the congress and the league to demand significant constitutional reforms from Britain.
In 1916 they concluded a Congress- League Scheme of Reforms, known as the Lucknow Pact. It made wide-
ranging demands for greater self-government, equality of Indians with other races throughout the British
Empire and Commonwealth (in response to racial discrimination in South Africa and Canada), and greater
opportunities for Indians in the armed forces of India.
In response, the new secretary of state for India, Edwin Montagu, officially announced the British government’s
commitment to “the gradual development of self-governing institutions with a view to the progressive
realization of responsible government in India” in August 1917. He then toured India, met with Indian leaders,
and together with Viceroy Lord Chelmsford drafted a Report for Indian Constitutional Reform in 1918,
popularly called the Montagu-Chelmsford Report. A modified version of the report was embodied in the
Government of India Act of 1919. It introduced partial self-government to India’s nine provinces in a system
called dyarchy, whereby elected representatives controlled the departments of agriculture, sanitation, education,
and so on, while the British-appointed governor and his advisers retained control of finance, the police, prisons,
and relief. This was intended as a step toward complete responsible government. The viceroy, however, retained
control of the central government, and the role of the mostly elected bicameral legislature remained advisory.
The electorate was expanded, and separate electorates (Muslims elected their own representatives) were kept in
place, on Muslim insistence.
The Government of India Act was a significant advance in India’s freedom movement. Others included a
separate Indian delegation to the Paris Peace Conference in 1919, in the same manner as the self-governing
dominions (Canada, Australia, New Zealand, and South Africa). India also became a member of the League of
Nations. But these advances did not satisfy Indian nationalists, who were inflamed by the continuation of
wartime laws that abridged civil freedoms, and acts of peaceful and violent resistance continued. Hindu-Muslim
accord continued during the Khalifat movement, when Indians supported the Ottoman emperor’s religious
leadership as caliph of Islam. The cooperation collapsed when Mustafa Kemal Atatürk established a republic in
Turkey and abolished the caliphate in 1923 and also due to increasing competition between the two communal
groups for power in a future independent India.
Effects of the Act:
The effect of government of India Act 1919 –
(1) To introduce the bicameral or two chamber system in the Indian legislative council
(2) To increase the size of the provincial legislative council, to increase number of the elected members in each
(3) To substitute direct for indirect election
(4) To enlarge the electorate
This act applied the principal of communal representation to Muslims, Sikhs, Anglo Indians, and Indian
Christians etc. The Indian legislature council was to be called as the Indian legislature. The Indian legislature
consisted of governor general and two chambers, the council of state and the legislative assembly.
The council of state consisted of 60 members nominated or elected under the rules, of whom not more than
twenty were to be official members.
Thus council got 33 elected members and 27 nominated by the governor general of whom not more than 20
could of officials.
The legislative assembly consisted of 143 members.
The number of non elected members was 40 of whom 25 were official members and 15 non officials.
The number of elected member was 103.
To pass a law, including financial bills consent of both houses was required.
The power of both houses were same exception was power to vote supply was allowed only to the Legislative
assembly.
The duration of council was fixed at 5 and of the assembly at three years.
The governor general got the power to dissolve either house or to extend its existence if necessary.
The members were elected by a process of direct election, in hope that the people will choose people to
represent them. Thus Hindus started to elect Hindus and Muslims elected Muslims and also there was
communal representation. Therefore, the act of 1919 did not introduce federalism in India. Governor General in
council got the power and authority to decide whether a particular subject was central or provincial subject.

THE GOVERNMENT OF INDIA ACT, 1935

FEDERAL GOVERNMENT
FEDERAL EXECUTIVE (DYARCHY AT CENTRE):
1. The Government of India Act, 1919 introduced dyarchy in provinces. The Government of India Act, 1935
proposed the establishment of dyarchy at centre and it abolished dyarchy in provinces.
2. The federal subjects were divided in to reserved subjects and transferred subjects. The reserved subjects
included external affairs, ecclesiastical affairs, defense and tribal affairs and it were to be administered by the
Governor-General with the help of executive councilors.
3. The executive councilors who were the ex-officio members of the federal legislature were appointed by
Governor-General.
4. The Governor-General were appointed by the British crown and he was responsible to the Secretary of the
state for India and through him to the British parliament.
5. The salaries of the executive councilors were determined by the king-in-council and the federal legislature
had no control over the Governor-General and King-in-council.
6. The governor-general in the administration of the reserved subjects could take advice of the executive
councilors, but their advice was not binding on the governor-general.
7. The transferred subjects were administered by the governor-general with the aid and advice of the council of
ministers, who was appointed and could be dismissed by the governor-general.
8. There was no direct provisions for the office of prime minister, but the persons who had stable majority in the
house of assembly and on whose advice the ministers were to be appointed was to act as the prime minister.
9. A minister was to cease to hold the office if for a consecutive period of 6 months he was not a member of any
house of the central legislature. The ministers were to be responsible to the central legislature and they could be
removed by the central legislature.
POWERS OF GOVERNOR-GENERAL:
The Governor-general was a very powerful authority under this Act who could exercise his powers even without
consulting his ministers. But there was certain powers which were to be exercised by him by consulting his
ministers.
A. POWERS- WHEN HE COULD EXERCISE HIS INDIVIDUAL JUDGEMENT:
The Governor-general was to exercise his individual judgment in the matters categorized by the Act as his
special responsibilities. In the exercise of these powers, he was required to consult his ministers, but he was not
bound be their advice. This category of powers of the Governor-general included the powers
a. To prevent any grave menace to the peace and tranquility of India or any part
b. To protect the rights of any Indian state and rights and dignity of the rules
c. To prevent discriminatory taxation against goods of British origin
d. To protect the legitimate rights of the public servants and also of their dependents.
B. POWERS-WHEN HE COULD ACT AT HIS DISCRETION:
There were certain powers which were to be exercised by the Governor-General in his discretion even without
consulting his ministers. It is to be remembered that in the exercise of these powers he was not required even to
consult his ministers. The difference between the powers, when he could exercise his individual judgment and
the powers, when he could act at his discretion was that in the exercise of the former he was required to consult
his ministers although he was not bound to act according to the advice, but in the exercise of the latter he was
not required even to consult his ministers.
EXECUTIVE:
1. The governor-general, who was the executive and administer reserved subjects had power to appoint the
ministers and also dismiss the ministers.
2. He was empowered to preside over the meetings of the council of ministers and was also empowered to
appoint the councilors, financial advisors, the chief commissioners for Delhi, Ajmer, Marwar, Baluchistan and
Coorg, chairman and members of federal public service commission, president and members of the railway
tribunal and directors and deputy directors of the Indian Railway company.
3. He was also empowered to frame regulations for the peace and good governance of British, Baluchisten,
Andaman and Nicobar Island.
LEGISLATIVE:
The Governor-General had wide legislative powers. He could summon and dissolve the lower house and joint
sessions of the two houses of the federal legislature. He was also given power to sanction for introduction of
certain bills in the legislature or could refuse for it. He was also empowered to issue ordinances and could issue
directions to the governors in case they had acted at their own discretion or exercised individual judgment.
FINANCIAL:
The Governor-General was empowered to exercise control on non-votable heads of expenditure contributing
over 80% of the whole of the budget. He could restore any demand for grant rejected or reduced by the central
legislature. He was also empowered to recommend proposals for taxation and expenditure.
In exercise of all these powers, the Governor-General was to use his discretion and was not required even to
consult his ministers.
FEDERAL LEGISLATURE-ITS COMPOSITION, POWERS AND FUNCTIONS OF THE FEDERAL
ASSEMBLY AND COUNCIL OF STATES:
The federal legislature consisted of the king, represented by the Governor-General, the council of states and
federal assembly. The council of states was to be the upper house of the federal legislature. It was a permanent
body and one third of its members were to retire every 3 years. It represented the units of the federation. It
consist of 156 representatives of British India and up to 104 representatives of the Indian states and they were to
be nominated by the ruler.
FEDERAL ASSEMBLY:
It was to be the lower chamber of the federal legislature. It was to consist of 250 representatives of British India
and up to 125 representatives of the Indian states. It was to have maximum duration of 5 years, however it could
be dissolved earlier by the Governor-General. The representatives of Indian states were to be nominated by their
rulers and representatives of British India were to be elected through indirect elections.
POWERS OF FEDERAL LEGISLATURE:
1. It could make laws for the federation states on the subjects specified in the instrument of the accession. As
regards British India, the federal legislature could make laws on the subjects specified in the federal list and
concurrent list.
2. If a law made by a provincial legislature on a subject stated in the concurrent list was found against the law
made on the subject by the federal legislature, the law made by it was to prevail and the provincial law was to
be void to the extent of repugnancy.
3. In case of proclamation of emergency by the governor-general, the federal legislature could make laws on the
subject specified in the provincial list. However the bill for the purpose could be introduced only with the
previous sanction of the Governor-General.
4. A bill passed by both the chambers was to be presented to the Governor-General for his assent and could not
become an Act without his assent.
5. He could also return the bill to the chambers for reconsideration, when a bill reserved by the Governor-
General for his majesty's pleasure, it could not become law unless within 12 months from the date of its
presentation to the governor-general.
6. Besides the federal legislature could not alter, amend or repeal the Government of India Act, 1935. It was
empowered to make law on certain matters.
7. The bills other than finance bills might originate in any chamber, the finance bill could originate only in
federal assembly.
8. The bill was to be presented to the governor-general for his assent only when it was passed by both the
chambers in exactly the same form.
9. If a bill passed by one chamber was rejected by the other chamber or bill passed by one chamber was passed
by other chamber with amendments which were not acceptable to the former, the governor-general could
summon the joint sitting of both the chambers to remove the difference between them. The decision was to be
taken by a majority of votes of the members of both the chambers present and voting.
10. The governor-general was to prepare "annual financial statement" and to place it before both the chambers
of the federal legislature.
11. This statement was show the sums required to meet expenditure charged upon the revenues of the federation
and the sums required to meet other expenditures.
12. The sums stated in the statement as necessary to meet the expenditure charged upon the revenue of the
federation were not subject to the federal legislature.
FEDERAL COURT:
1. The Federal court was established having a chief justice and such puisne judges as the British crown would
deem necessary. The number of puisne judges was not to be more than six and the judges were to be appointed
by the British crown.
2. They were to hold office up to the age of sixty-five years and a judge could be removed from the office on the
grounds of misbehavior or of mental or bodily infirmity.
3. The qualification to be a judge was he must be a judge of a high court in British India or in a federal state for
at least 5 years or a barrister of England or northern Ireland of at least 10 years standing or a member of the
faculty of advocates in Scotland of at least ten years standing or a pleader of a high court of ten years standing.
4. The chief justice required to be a barrister or advocate or pleader of at least 15 years standing and he was
required to be a barrister, advocate or pleader when he was appointed to the office of the jurisdiction of the
federal court. And this court had original, appellate and advisory jurisdiction.
ORIGINAL JURISDICTION:
1. The federal court was given exclusive original jurisdiction in the case of dispute between any two or more of
the federation, any of the federated states if the dispute involved any question of law or fact on which the
existence or extent of a legal right depended.
2. Its original jurisdiction was not extended to dispute to which a state was a party, unless the dispute concerned
the interpretation of the Government of India Act, 1935.
3. This jurisdiction was not to extend to a dispute arising under any agreement expressly providing that this
jurisdiction would not extend to such a dispute. In the exercise of this jurisdiction the federal court was to
pronounce only a declaratory judgment.
APPELLATE JURISDICTION:
1. The federal court was empowered to hear appeals from any judgment, decree or final order of a high court in
British India if a high court certified that the case involved substantial question of law as to interpretation of this
Act or any order-in-council made there under.
2. However with the previous sanction of the governor-general, the federal legislature could make provision for
appeals in civil cases from the high court in British India to the federal court even without the aforesaid
certificate if it involved a case valued at not less than Rs.50,000.
3. The appeals from high court in the federated states were also allowed to the federal court. The Act provided
that the appeals from the high court in a federated states would lie to the federal court on the ground that a
question of law had been wrongly decided being a question which concerned the interpretation of this Act or of
an order-in-council made there under.
ADVISORY JURISDICTION:
The Governor-general was empowered to refer any point of law to the federal court for its opinion. The federal
court was to pronounce its opinion on such reference in open court.
APPEAL FROM THE FEDERAL COURT TO THE PRIVY COUNCIL:
The federal court was not the final court. The appeal from the judgment of the federal court could lie to the
privy council without leave from it, if the judgment was given by the federal court in the exercise of its original
jurisdiction in any dispute which involved an interpretation of this Act or of an order-in-council made there
under or which concerned extent of the legislative or executive authority vested in the federation by the virtue
of instrument of accession of a state or which arose from any agreement made between the federation and any
federating state in relation to the administration in the state of a law made by the federal legislature. In other
cases the appeals from the judgment of the federal court could be brought to the privy council by leave of the
federal court or his majesty-in-council.

Indian Independence Act 1947

Indian Independence Act (1947) marked the final stage in the constitutional evolution of the country. Politically
it was the final outcome of the freedom struggle of India that had witnessed different strand of political
development from 1885 to 1947. It was the goal of all and was finally achieved by enactment of the Act of 1947
after undergoing through various phases of nationalism under the leadership of different nationalist leaders.
Soon after the Mountbatten Plan was accepted by both the Congress and the Muslim League, the British
Government prepared a bill for the Independence of India. The Bill was passed by the British Parliament on
18th July 1947 which was famous as the Indian Independence Act 1947.
According to this Act two independent states such as Indian union and Pakistan were to be created in the Indian
sub-continent on 15 August, 1947. These newly independent states were to be at liberty to choose whether they
would like to be the members of British Commonwealth of Nations or not. (3) The existing Legislative
Assemblies were empowered to frame laws concerning their respective states until new constituent assemblies
were formed these states. The offices of the Secretary of state for India and his advisers were to be abolished.
The Commonwealth Secretary was to be assigned responsibility of maintaining relations with Pakistan and the
Indian Union. The title of the British king as 'Emperor of India' was to be abolished.
The Indian Independence Act of 1947, thus, marked the close of the constitutional development of India under
the British rule.
In the night of 14th August 1947 a special session of the constituent Assembly was held at Delhi. As the clock
struck twelve Dr. Rajendra Prasad, the President of the constituent Assembly, triumphantly announced that the
Constituent Assembly of India had assumed power for the governance of India.
Lord Mountbatten was sworn in as the governor general and Pandit Nehru as the first Prime Minister of free
India. Mountbatten remained as a mere constitutional figure head whereas Jawaharlal Nehru became the real
administrative head of the Government with his council of ministers. On the other hand of the Radcliffe Line
Mohammed Ali Jinnah was sworn in as the first Governor General of Pakistan on 14 August 1947.
Soon after Independence Act of 1947 was passed in the British Parliament, Sardar Vallabhbhai Patel, the iron
man of India, advised the Indian Princes to join the Indian Union, immediately. There was wide response to the
call of Sardar Patel. The Princely States joined India partly on their own initiative and partly after military
intervention.
The Constituent Assembly became the Parliament of Indian Dominion immediately after the transfer of power.
A Drafting Committee was formed under B.R. Ambedkar on 29 August 1947 to prepare the constitution of
India. India was declared a Sovereign Democratic Republic on 26th January 1950 after the completion of
constitution.
Salient features of the Indian Independence Act of 1947:
1) The Indian Independence Act, 1947 provided for the creation of two Independent Dominions of India and
Pakistan from August 15, 1947.
2) It defined the territories of the two new Dominions and made possible the adjustment of existing boundaries
and the accession of other boundaries by consent.
3) It provided for the partition of Bengal, the Punjab and Assam after ascertaining the wishes of their
inhabitants. The final fixation of the boundaries was to be done by the Boundary Commission.
4) The Dominion of Pakistan was to have two wings, East Pakistan and West Pakistan. East Pakistan comprised
East Bengal and Sylhet district taken out from. Assam. West Pakistan included the N.W.F.P, West Punjab, Sind
and Baluchistan.
5) Either of the two Dominions was to have a Governor- General appointed by the king for the purpose of the
government the Dominion. The Act also provided that the same person could be appointed Governor-General of
both the Dominions.
6) The Legislature of each of the Dominions is free to make laws for that Dominion, including the laws having
extraterritorial operation.
7) No Act of British Parliament passed on or after August 15, 1947 was to extend to either of the Dominions.
8) The suzerainty of British Government over the Indian states lapsed and with it, all treaties and agreements
Between His Majesty and the rules of Indian states also came to an end. The Indian states would become
independent in their political relations with the Governments of the new Dominions.
9) The assent of the Parliament was given for the- omission of the Royal Styles and titles like Emperor of India.
10) The powers of the Legislature of the Dominion would be exercisable in the first instance by the Constituent
Assembly of that Dominion.
11) Dominion and provinces and other parts thereof would be governed in accordance with the Government of
India Act, 1935 for the interim period.
12) The provisions requiring the Governor-General or any other Governor to act in his discretion or exercise of
his individual judgment would cease to have effect as from August 15, 1947.
13) The Governor – General was, however invested with’ plenary powers until March 1948 to issue orders for
the effective implementation of Indian Independence Act, 1947 and the division of the assets between the two
Dominions, and to adopt or modify the Government of India Act, 1935 and to remove any difficulties that might
arise during the transitional period.
14) The Act of 1947 provided for the abolition of the office of the Secretary of State for India and his advisers.
15) The two Dominions were given freedom to join or not to join the Commonwealth.
16) The members of “the civil service and the judges of the Federal Court and High Courts appointed before
August 15, 1947 would continue to serve in either of two Dominions’ and would be entitled to receive all
facilities in respect of their remuneration, leave, term, pension etc. as they enjoyed before.
Thus the two independent and sovereign states – India and Pakistan come into existence and the long British
rule came to an end. Commenting on the graceful transfer of power Lord Samuel said, “It is an event unique in
history a treaty of peace with our word. Rajendra Prasad, President of the Constituent. Assembly of India, spoke
these memorable words on the smooth and graceful transfer of power: “Let us gracefully acknowledge that
while our achievement is in no small measure due to our own sacrifices, it is also the result of world forces and
events last and but no least, it is the consummation and fulfillment of the political traditions and democratic
ideals of the British race. The period of Dominion over ends to-day & as relationship with British is henceforth
going to rest on a basis of equality of mutual good will.