Module-5

Notes

 The Charter Act of 1833

1. Charter 1813 20years renewal ran out 1833
2. 20 years
3. Company was asked to close its commercial business
4. Trade to be abandon entirely alike with India n China
5. Europeans to settle in India freely
6. company lost monopoly China n trade of tea which was enjoyed with the help of Charter Act of 1813
 India as a British Colony
1. Charter Act of 1833 legalize British colonization India n territorial possessions company allow remain under
its govt.
2. Possession held in trust of his majesty, his heirs n successors for the service of govt of India
3. Governor general of Bengal- Governor General of British India
4. Financial n administrative powers governor general in council
5. Lord William Bentinck first ggbi
6. No of members again 4 which was reduced by Pitt’s India Act
7. Limits 4th member can’t act as the member of governor general in council except for legislative purpose
8. 1st 4th member of governor general in council was Lord Macaulay
 Split in Bengal Presidency
1. Charter act 1833 presidency of Bengal split 2: presidency of William fort n presidency of agra
2. Never came into effect n was suspended
3. Governor general of India ki powers were enhanced due to charter act of 1833 n they spelt out the powers
of governor general in council
4. Governor general of india can repeal, amend or alter laws or regulations: all person whether british native
or foreigners, places n things in every part of british territory for all servants n articles of war
5. But court of directors working under the board of control can veto laws made by governor in council
 Codifying the Law
1. Charter act 1833 attempt codify all Indian Laws
2. British parliament supreme body
3. Right legislate british territories India repeal the acts
4. Charter act 1833 provide all laws made India laid parliament n use Acts kahenge
5. Governor general in council direct set up Indian law commission
6. First india law commission
7. Lord macaulay most imp member n chairman
8. Other members English barrister: Cameron, macleod of madras service, William Anderson of Bombay
service n sir William mcnaughton of calcutta service
9. Sir William mcnaughton of Calcutta service decline appointment
10. Law commission objective: inquire jurisdiction, powers n rules of the courts of justice police establishment,
existing forms of judicial procedure, nature n operation all laws
11. Direct shall submit report governor general in council n report place British Parliamnrt
 Indians in the Government Service
1. Charter act 1833 section 87 declare “Normative of the British Territories in India, nor any natural boon
subject of “his majesty” therein, shall by any reason only by his religion, place of birth, descent, color or any
of them be disabled from holding a place, office or employment under the company”
2. Policy has not be seen previous acts
3. Charter 1833 1st provision to freely admit the natives of India to share an administration in the country
 Mitigation of Slavery
1. Governor general in council adopt measures reduce state of slavey India sultanate era
2. Attention laws of marriage, rights n authorities of head of the families
 More Bishops
1. British residents increase
2. Laid down regulation establish Christian Establishments in India
3. No of bishops was made 3

 First Law Commission

1. Sec 53 authority pursuance charter of 1833 first law commission appoint India 1834
2. Consist: lord tb macually chairman 4 members: ch Cameron represent madras, jm macleod Bombay, gw
Anderson Calcutta n f millet
3. India 1834
4. Charter 1833 first law commission governor general in council ke control
5. Determine time to time the subject upon commission work n submit report
6. 3 task: codification of penal code, the law applicable to non- hindus n non- muslims in respecgt of their
various rights ( lex loci report)
 Codification of Penal Law ( Draft Penal Code)
1. Administration criminal justice unsatisfactory
2. Local govt direct commission tackle branch of law
3. Members of commission prepare draft submit Lord Auckland governor general
4. 2th May 1833
5. Immediately enact nahi hua n wait 1860: substantive civil law n the law procedure were dark n confused,
Illness 2 members work macaulay
6. Draft IPC mainly work macaulay n issi ke wajhe se isse Maculay’s Code
7. Draft law 1860
 Lex Loci Report
1. Problem uncertainty of the substantive civil law applicable Christians, anglo Indians n armenian’s
2. Lex loci report or law of the land nahi tha non- hindus n non- muslims inhabit presidency towns
3. Lot uncertainty civil law appilicable Christians, anglo- Indians n Armenians reside mofussil area
4. 2st law commission study n consideration submit report 31st oct 1840 govt
5. Chairmanship Andrew Amos n recommend an act pass substantive law of England lex loci law of the land
outside the presidency towns in mofussil areas n applicable all except hindus n mohammedans
6. Restrictions: laws apply suitable conditions prevail in India, English law oppose regulations of presidency, all
ques marriage, divorce n adoption other than Christians decide rules of the sect which parties belong n last
rules of equity appky England override substantive law of England
7. 1st law commission draft bill 22nd may 1841 govt
8. Sent all presidency opions
9. Halt lord Auckland preoccupation n criticism
10. Directors meantime order no law pass declare lex loci n matter pending 2nd law commission appoint
11. One portion lex loci report implement the caste disabilities removal act of 1850
12. Immense effect hindus n muslims not lose any interest property merely convert other religion