PAPER 1.8 Legal & Constitutional History of India (Question-Answer Series) भारत का संवेधानिक इतिहास

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.

LEADING CASES:

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