Introduction With a view to give effect to the plan of Lord Mountbatten, the then Governor-General of India, the British Parliament passed Indian Independence Act, 1947 on July, 18. The Act came into force on 15th August, 1947. The main provisions of the Indian Independence Act, 1947 are as follows – 1. Creation of two … Read more
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
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
Establishment of Supreme Court According to Art. 124 (1) of the Constitution the Supreme Court of India as the heighest court of the land was established on 26th Jan., 1950 in New Delhi. The position of the Supreme Court with reference to its powers, appellate jurisdiction and as a guardian of the Constitution is similar … Read more
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
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
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
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
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
During the period of 1772 to 1860 Muslim criminal law developed as under:- 1. Reforms by Hastings In 1772 Warren Hastings made many proposals but made no reform except one viz., a severe punishment was introduced for committing dacoity. It was provided by the Plan of 1772 that the dacoits were to be executed in … Read more