History-II (AMBEDKAR UNIVERSITY)

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BA-LLB 5th sem History-II (ALU)

PAPER 5.2. HISTORY – II

 

SCHEME OF PAPER: MAX. MARKS: 100 MIN. PASS MARKS: 36 This paper shall consist of following two parts: (a) Written paper — 70 marks (b) Internal examination — 30 marks (15+10+5) Mid Semester Test: 15 marks Project/Assignment:10 marks Presentation: 05 marks The candidate must pass in part (a) and (b) separately. For passing, he shall be required to obtain 36 percent marks in each part, i.e. 25 marks out of 70 and 11 marks out of 30 marks. (1) The question paper shall be divided into two (02) Parts viz. Part – A and Part – B. (2) Part – A shall consist of five (05) compulsory questions of two (02) marks each whereas Part – B shall consist of seven (07) questions. The Candidate is required to attempt any four (04) questions. All questions carry equal marks. (3) The prescribed syllabus includes latest amendments in the subject wherever applicable.

 

OBJECTIVES OF THE COURSE: This course attempts to provide a basic introduction to evolution of Law in India. Study of law relating to a particular country is not complete without understanding the history and development of the Laws and legal institutions. A student of law should be exposed to the ancient social order and religious philosophy as well as to the systems of dispute settlement mechanisms existing in those days. The medieval period had influence in the development of legal system. The advent of the British was an event, which also had its influence. The traditions of the past have made our modern legal system what it is, and still live on in it. Without a proper historical background, it may be difficult to appreciate as to why a particular feature of the system is as it is.

 

UNIT - I Emergence of East India Company: Development of Authority under Charters, Administration of Justice in Madras 1639–1726, Administration of Justice in Bombay 1668– 1726, Administration of Justice in Calcutta before 1726, The Mayor‘s Courts and the Genesis of the Charter of 1726, Provisions of the Charter, Charter of 1753, Defects of Judicial System; Adalat System: Grant of Diwani, Execution of Diwani Functions, Judicial Plan of 1772, Defects of the Plan, New Plan of 1774, Re-organization of Adalats in 1780, Reforms of 1781;

 

UNIT – II The Regulating Act of 1773, The Charter of 1774 and Establishment of Supreme Court at Calcutta, Defects of the Supreme Court; Act of Settlement, 1781, Major Defects, Supreme Court of Calcutta, Bombay and Madras, Judicial Reforms of Lord Cornwallis, Reforms in Administration of Criminal Justice, The Indian High Court Act of 1861, The Indian High Court Act, 1911, The Indian High Court Act, 1915, High Court under the Act of 1935, The Federal Court of India, Privy Council (A Unique Institution), Appeals from India;

 

UNIT - III The Charter Act of 1833;The Charter Act of 1853; Main Provisions and Defects; Main Provisions of the Indian Council Act, 1861; The Indian Council Act of 1892;

UNIT - IV The Government of India Act, 1909; Minto Morley Reforms; Defects of the Act; Montegue Chelmsford Reforms 1919; Dual System;

 

UNIT - V The Government of India Act, 1935 (Background); Federalism Provisional; Astronomy; Indian Independence Act, 1947

 

LEADING CASES*: (a) Issue of Raja Nand Kumar (1775): Whether a Judicial Murder? (b) The Patna case (1777–79) (c) The Cossijurah case (d) The case of Kamaludin