Académique Documents
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1
The Act renewed the powers of the Company and
allowed it to retain processions over Indian
territories in trust for Her Majesty, her heirs
and successors.
The number of Court of Directors was reduced to
18, of whom six were to be appointed by the
Crown from among the Indian servants.
The Act also empowered Court of directors to
create a new Presidency and alter the boundaries
of the Presidencies in India.
The Act created a separate Legislative Council for
India for the first time.
The law member of the Governor Council was given
the rank of a full-fledged member in the Council.
2
The Charter Act of 1853 increased the number
of legislative council members.
The new legislative Council was consisted of 12
members.
1. Governor General (1)
2. Governor General Council (4)
3. Commander-in-Chief (1)
4. Four representatives from providences (4)
5. Chief Justice of Supreme Court Justice (1)
6. A regular judge from Supreme Court to be
named by Governor General. (1)
Governor General presided over the all meetings.
The Act empowered the Governor General to reject
any laws passed by the Council.
4
A separate Governor appointed for Presidency of
Bengal.
2nd Law Commission 1853
6
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,
enactment proposed by it for the reform of
judicial procedure and laws of India
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.
Third: The Commission prepared 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 of new province.
Fourth: The report was concerning the judicial plan
for the presidencies of Bombay and Madras.
Enactment of some codes
In 1859 the Indian Legislative Council enacted a Code
of Civil Procedure.
13
Company’s territories in India placed under the
direct control of Crown.
Governor General of India received the title of
Viceroy and he became direct representative of
Crown.
16
Changes in the Government of India.
The Governor General of India and Governors of
the presidencies were to be appointed by the
Crown and members of the Councils by the
Secretary of Sate for Indian affairs.
17
1861 Indian Councils Act
Dissatisfaction of Presidencies regarding their
legal power and they were demanding more
participation from presidencies.
19
Changes in Central Executive
Changes in Central Legislative
Changes relating to Provinces
20
Changes in Central Executive
21
The Act enlarged the Executive Council of the
Governor General and the Act provided that it
shall consist of five members, 3+2
Three ordinary members, one law member and
one finance member.
24
For the purposes of making law the Act
empowered the Governor General to enlarge
his Council by adding not less than 6 and not
more than 12 members.
Not less than one half of the members were to
be non-officials.
There were 45 Indians nominated as additional
non-official members from 1862 to 1892.
New Legislative Council was authorized to make
laws for all people, Indians, British and
foreigners and for all the courts of justice
and the public servants within the territories of
British India.
The assent of the Governor General was required for
every Act passed by the Council, and any such Act
would be disallowed by Her Majesty, acting through
the Secretary.
27
The Act restored the Legislative powers of the
Provincial Legislature of Bombay and Madras.