Governor Generals from 1794-1835

• Sir. John Sore 1794-1798• Lord Wellesley 1798-1805• Lord Cornwallis 1805-1807• Lord Minto 1807-1813• Lord Hastings 1813-1823• Lord Amherst 1823-1828• Lord William Bentinck 1828-1835

WELLESLEY’S SUBSIDIARY ALLIANCE SYSTEM:Indian states was surrender its external relations to the

care of the company.Under his Subsidiary system the ruler of the allying

India state was compelled to accept the permanent stationing of British force within his territory and to pay a contributory for its maintance.

The states was to accept a British resident at its headquarter.

Nizam of Hyderabad joined in system in 1798, Mysore in 1799.

Nawab of Awad forced to sign in subsidiary system, Krarnataka and Mysore merged in the system by 1801.

By1803, English forces defeated Maratha Peshwas and signed on subsidiary system

The system led to the dismissal of the armies of the protected states.

Lakhs of soldiers and official were lost their jobs and livelihood at the same time they became the rivals of the Company.

Company 1833

Reasons behind reforms of 1833

• Supreme Court’s powers and Jurisdiction, Veto power of court

• Economic Condition of Company• Public opinion in England • Favor to Christianity

Wars of Company• First Anglo-Maratha War 1777• Second Anglo-Maratha War 1803• Third Anglo-Maratha War 1817• Four Anglo- Mysore Wars 1769-99• The Anglo-Nepal War 1814-16• First Burmese War 1824-26

Chittagong

Charter Act 1833• Company got another twenty years the Company’s

political and administrative authority. (up to i.e. 1853)

• Company lost his monopoly over all trade activities and had only some administrative responsibilities.

• It invested the Board of Control with full power and authority over the Company.

• Governor General of Bengal or East India Company, here onwards called Governor General of India.

• A centralized Government established under the leadership of Governor General with full power and authority in all civil and military matters.

• Governor General and his Council had given rights to prepare new laws depending on the west laws.

• The governments of Madras and Bombay could make or suspend laws in case of urgent necessity.

• The Act increased the members of the Council from three to four. The fourth member was the Law Member specially appointed to fulfill and legislative duties of the Governor General.

• Section 53 of the Act of 1833 empowered to Governor General in Council to appoint a Law Commission from time to time.

• The purpose was to study, collect and codify various rules and regulations prevalent in India. This laid the foundation of codification of modern legal system in India.

• A Law Commission was appointed under the leadership of Lord Maculay to create new law for India.

• Section 87, of the Act declared that no person can be disqualified for any place in the Company’s service by reason of caste, colour, creed or place of birth.

• It was laid down that merit was to be the basis for employment in Government Services and the religion, birth place, and race of the candidates were not to be considered in employment.

1853 Act• Sir Charles Metcalfe 1835-36• Lord Auckland 1836-42• Lord Ellen borough 1842-44• Lord Harding 1844-48• Lord Dalhousie 1848-56

1853 Charter Act

• The law member was made a full member of the Governor General’s Council.

• The Charter Act of 1853 increased the number of legislative council members. The new legislative council was consisted of 12 members.

1.Governor General and his Council members (1+4 )2. Commander-in-chief

3. 4 representatives from providences 4. Chief Justice of Supreme Court Justice and a judge from

Supreme Court to be named by Governor General

• A separate Governor appointed for Presidency of Bengal and also given right to Board of control to change the boundaries of provinces.

• The number of Directors was reduced to 18 and 6 were to be nominated by the Crown.

• The Act authoresses the crown to appoint a Law Commission in England

Codification of Indian Law• Various charters which issued from 1601 to 1693 were

purely of a commercial nature empowering the company to control its employees by framing rule and regulations.

• George I’s Charter of 1726 created Corporations in Calcutta, Bombay and Madras and established Mayor’s court.

• The Governor and Council in three places were authoresses to make, constitute and bylaws and rules for good government.

• By 1764 Baxar war company merchants gained political power in India.

• The nature and contents of the Charters, which were granted to the company after 1765 also changed.

• Number of rules and regulation were made for proper revenue collection in Bengal and so many rules made regarding general administration.

• All these rules were not done through any legislature but were done through the servants of the company.

• Warren Hastings plan of 1772 was the first British Indian Code consisting 37 rules dealing with Civil and Criminal Code.

• 1773 Regulating Act which empowered the Governor General to make issue rules, regulations and ordinances for the good government.

• In 1781, some reforms and rules were introduced by Elijah Emphy .

• Lord Cornwallis introduced 47 Regulations regarding administration on the name of Code of 1793.

• In 1807, a uniform system of legislative prevailed in the three presidencies of Calcutta, Madras and Bombay.

• 1833 Charter also made certain alternative in the legislative powers to the three presidencies.

• In Bengal alone more than 675 regulations which contained several sections made based on the necessity.

• The system of Regulation law proved very defective.

• ‘Diversity’ prevailed where ‘Uniformity’ was needed the most.

1st Law Commission • Section 53 of the Act of 1833 empowered to Governor

General in Council to appoint a Law Commission from time to time.

• Commission was composed of T.B.Macaulay, CH. Cameron, J.M. Macleod, G.W Anderson and F. Millett. The last three members represented Madras, Bombay and Calcutta respectively.

• Penal Code: With the direction of local Government commission to take its first step to tackle Criminal justice of law and commission submitted a draft of Penal Code on 2nd May, 1837.

Lex Loci Report or law of the landThere was no Lex Loci or law of land for person other

than Hindus and Muslims in the Mofussils where the presidency town had a Lex Loci in English Law.

Recommendations of Commission

a. The commission recommended that an Act should be passed making the substantive law of England the Lex Loci i.e. the law of the land outside the Presidency towns and all the persons other than Hindus and Muslims.

b.Nothing in the Act was to apply to non-Christians in marriage, divorce and adoption.

c. All appeals from the courts in the Moffussil in all matters decided under the Lex-Loci Report were to lie to Supreme Court concerned instead of the Sadar Adalats.

The Lex-Loci Report of the Indian Law commission was sent to all the Presidencies in India for their opinion.

In the mean time the Directors ordered not pass any law for declaring Lex-Loci and the matter remained pending until the second Law commission was appointed.

Code of Civil Procedure: The Commission drafted a Code of Civil Procedure and suggested various reforms in the procedure of civil suits.

• Law of limitations: The Law commission prepared a valuable report on the law Limitation and with a drafted Bill.

2nd Law Commission 1853• The Charter 1853 empowered Her Majesty to

appoint a Law Commission in England for India.

• The task entrusted to the commission was “to enquire and consider the recommendations of the first Law commission and enactment proposed by it, for the reform of judicial procedure and laws of India as might be referred to them for consideration.

• The Commission was composed with the best legal luminaries of England and the persons with the judicial experience in India and associated with the work of the First Law Commission.

• First: In the first report the commission submitted a plan for reforms in Judiciary and in court’s procedure.

• Second: The commission agreed with Lex Loci Report of the First Commission. It suggested that there must be a substantive civil law for persons in the moffussil who had not law of their own.

• Third : The Commission contained a plan for establishing a judicial system and procedure in the North-Western province. It was on the pattern of Bengal with slight changes to meet special conditions.

• Fourth: The report was concerning the judicial plan for the presidencies of Bombay and Madras.

Enactment of some codes• No material process was made in the

Codification of Indian law even after the various reports of the First and Second Law Commissions.

• In 1859 the Indian Legislative enacted a Code of Civil Procedure.

• The Indian Penal Code, which was drafted by Lord Macaulay was revised and enacted into law in 1860.

• A Code of Criminal Procedure was passed in 1861.

• Penal Code translated into almost all the languages in India.