Main Provisions of Government of India Act 1935

Legal History Notes

Introduction The Government of India Act, 1935, established a federal form of Government for India. Prior to this Act, the constitutional structure of the Government was unitary wherein the Provincial Governments, derived their powers by devolution from the Central Government. They discharged their functions subject to the authority of their respective Legislatures under the superintendence, … Read more

Main provisions of Government of India Act 1919

Legal History Notes

Introduction The Government of India Act, 1919, incorporated mainly the recommendations of Montague-Chelmsford Report of 1918. So the Act was passed with a view to introduce some Constitutional Reforms in India in pursuance of the declared policy of British Government of providing an increasing association of Indians in every branch of Indian Administration. It aimed … Read more

Federal Court: Its Constitution and Jurisdiction

Legal History Notes

Why was the Federal Court established in India Government of India Act, 1935 established federal form of Government of India. Therefore it necessitated the establishment of a Federal Court. Federal Court is regarded as an essential element in federal constitution because it is regarded as the interpreter and guardian of the Constitution as well a … Read more

Main provisions of Indian High Court Act 1861

Legal History Notes

Judicial System in India Existing before, 1861 Prior to the passing of the Indian High Courts Act, 1861, there were two rival sets of judicial institutions in India, namely, the Crown’s Courts and the Company’s Courts. The Supreme Courts established in the Presidency towns of Calcutta, Madras and Bombay were the courts of the British … Read more

Recommendations made by First Law Commission in India

Legal History Notes

Appointment and works of the First Law Commission In pursuance of S. 53 of the Charter Act, 1833 the First Law Commission was appointed in 1834. Lord Macaulay, under the Chairmanship of law member of the Council of Governor-General. The Commission consisted  of Lord Macaulay, J.M. Macleod, C.W. Anderson and EM. Millet. The last three … Read more

History of appeals to Privy Council from India

Legal History Notes

Introduction The jurisdiction of Privy Council to hear appeals was based on the inherent prerogative right of Sovereign, as to ensure due justice. The King of England was regarded as fountain of administration of justice and to preserve the due course of procedure. Formerly, the right of appeal from the Dominion’s Courts to the King-in-Council … Read more

History of writ jurisdiction in India

Legal History Notes

The Meaning and Origin of Prerogative writs in England According to Halsbury “The common regards the King as the source of fountain of justice and certain ancient remedial processes of an extra-ordinary nature which are known as prerogative writs, have from the earliest time issued for the Court of King’s Bench in which the Sovereign … Read more

Salient features of Mohammedan Criminal Law

Legal History Notes

The Muslim/Mohammedan Criminal Law was most severe and was not conducive to the modern society. In the words of Warren Hastings, “It was founded on most lenient principles and an abhorrence of bloodshed.” Punishment It provided four kinds of punishment for various offences – 1. Kisa – (Retaliation) Kisa means life for life and limb … Read more