PAPER 1.8. LEGAL AND CONSTITUTIONAL HISTORY OF INDIA
SCHEME OF PAPER: MAX. MARKS: 100 MIN. PASS MARKS: 36
(1) There shall be ten questions in the examination paper, two questions from each unit. The candidate is required to attempt five questions, one question from each unit is compulsory. All questions carry equal marks.
(2) The syllabus includes latest amendments in the subject wherever applicable.
OBJECTIVES OF THE COURSE: The roots of the present lies buried in the past. The objective of the course is to familiarize the students with the origin of common law system in India. This course traces the legislative history back to 1600 and its evolution through different periods under different Governor Generals. The main objective is to enlighten the students about the historical background of legislations in civil, criminal and constitutional Law and relate it to contemporary period. It also focuses the court system during colonial period and the cases heard by it. The learning of the Court system and how it has been revamped in different times to the needs of the society will help the students to find out its importance in present day judicial system.
UNIT - I
Early Administration of Justice in Presidency Towns:
European Settlement in India; The East India Company: Development of authority; Organisational setup of the English Company‘s Factories or settlements in India; Madras Settlement and Administration of Justice; Administration of Justice in Bombay; Administration of Justice in Calcutta Mayor‘s Courts and the Courts of Requests: Early Mayor‘s Court in Madras; Provisions of the Charter of 1726; Consequences of the Charter of 1726; Critical estimate of the working of the Mayor‘s Court from 1726 to 1753; The Charter of 1753: Reforms introduced; Criticism of the Charter; Abolition of the Mayor‘s Court; Appraisal of the Mayor‘s Court under the Charter of 1726 and 1753; The Courts of Request (Small Cause Courts);
UNIT - II
Adalat System in Moffusil Area: Courts in Bengal under the Mughals; Dual Government in Bengal and its consequences; The Company as Diwan; Warren Hasting‘s Plan of 1772; Defect of the Plan; New Plan of 1774; Reorganisation of Adalats in 1780; Defects of the reorganization Plan; Reforms of 1781: Initiative of Impey and Warren Hastings; Reforms in the Administration of Criminal Justice The Regulating Act of 1773: Circumstances prior to the Act of 1773; Salient features of the Regulating Act, 1773; Legislative power under the Act, 1773; Charter of 1774 and the Supreme Court of Calcutta; Critical estimate of the Provisions of the Regulating Act, 1773 and the Charter of 1774; Trial of Raja Nand Kumar (1775); ―Kamaluddin‖ Case (1775); ―Patna‖ Case (1777-1779); ―Cossijurah‖ Case (1779-1780); Salient features of the Settlement Act, 1781; Major defects of the Settlement Act, 1781; Supreme Court at Calcutta; Supreme Court at Madras and Bombay; Laws administered in the Supreme Court
UNIT - III Judicial Measures of Cornwallis: Company‘s Government before Cornwallis; Important provisions of the Pitt‘s Act, 1784; Judicial reform of Cornwallis; a) Judicial Plan of 1787 b) Re-organisation of the Criminal Judicature c) Scheme of Criminal Judicature, 1790; Judicial Plan of 1793; Appraisal of the System of 1793. Establishment of High Courts: The Indian High Courts Act, 1861; Letters patent establishing High Courts; The Indian High Courts Act, 1865 and of 1911; The Government of India Act, 1915; The Government of India Act, 1935; High Courts established during 1947 to 1950.
UNIT - IV
Privy Council - Highest Court of Appeal: The Origin of Privy Council; Appeal to the Privy Council (1726-1860); Appeal to the Privy Council (1861-1949); Precedential value of the Privy Council decisions; Federal Court of India : Foundation of the Federal Court; Jurisdiction of the Federal Court - a) Original Jurisdiction b) Appellate Jurisdiction c) Advisory Jurisdiction Authority of law laid down by Federal Court; Abolition of Federal Court.
UNIT - V
Evolution of Law through Legislation and Judicial Decisions in Colonial Period:
Process of Codification in India - (a) The Charter Act of 1833, (b) The First Law Commission, (c) The Second Law Commission, (d) The Third Law Commission, and (e) The Fourth Law Commission Constitutional History: Morley-Minto Reforms and the Indian Council Act, 1909; Montagu-Chelmsford Report and the Government of India Act, 1919; a) Main features of the system introduced by the Act of 1919 b) Shortcomings of the Act of 1919 The Simon Commission Report; The Nehru Report, 1928; Communal Award and Poona Pact The Civil Disobedience Movement; The Government of India Act, 1935- Main features, opposition to the Act; defects of the Act.
1) Bhagwandeen Doobey v. Myna Baee, (1866-1867) 11 MIA 487
2) Gokul Chand v. Hukum Chand Nath Mal, (1920-1921) 48 IA 162
3) Gopeekrist Gosain v. Gungapersaud Gosain, (1854-1857) 6 MIA 53
4) Manzur Hasan v. Muhammad Zaman, (1924- 1925) 52 IA 61
5) Miter Sen Singh v. Maqbul Hasan Khan, (1929-1930) 57 IA 313
6) Nawab Khwaja Muhammad Khan v. Nawab Husaini Begam, (1909-1910) 37 IA 152