Legal and Constitutional History

Maharashtra National Law University, Aurangabad · LL.B. Semester 3

Unit I — The Company Before Plassey

The constitution of the company, The company and the native princes, The government of the company's settlements and territories, The executive government, Jurisdiction and legislation in Bombay, Jurisdiction and legislation in Madras, Jurisdiction and legislation in Bengal, The diwani, the exploitation of Bengal, diarchy and anarchy, The grant of the diwani, The working of dyarchy.

Unit II — Courts In India

Charter of 1726, Main Features of the Charter, Mayor’s Courts under the Charters of 1687 and 1726, Working of the Charter, Courts for the Natives.

Period from 1600–1726, Establishment of Mayor's Court (1726)

Unit III — Beginning of the Adalat System. (WARREN HASTINGS)

Judicial Plan of 1772 and 1774, Judicial Plan of 1780 and its working, Reforms by Sir Impey, Reforms in the Administration of Criminal Justice under Warren Hastings.

Changes introduced by the Charter of 1753, Warren Hastings Plan of 1772, Reforms

Unit IV — Supreme Courts at Calcutta, Madras and Bombay

Regulating Act of 1774, Functioning and the difficulties faced by the Supreme Court at Calcutta, Raja Nand Kumar Case, The Patna Case, The Kasijora Case, Changes introduced by the Act of Settlement of 1781.

Unit V — Adalat System Under Lord Cornwallis

The Judicial Plan of 1793 – General features, Reorganization of Courts, Other Reforms –Evaluation of the Plan of 1793 – Reforms by Lord Hastings under the Plan of 1793.

Judicial Reforms of Lord Cornwallis — Judicial Plan of 1787, Judicial Plan of 1790, Judicial Plan of 1793, Progress of Adalat System under Sir John Shore

Unit VI — High Courts and the Privy Council

The Act of 1861 and the establishment of High Courts in India, Jurisdiction of the High Courts. The Working of the Privy Council;, Appraisal of the Privy Council, Development of legal profession and law reporting.

Unit VII — Social, Constitutional Policies and Legislations

The Colonial land laws, Development of Personal Laws, Progressive social Legislations, The Government of India Act 1909. 1919, 1935 and Indian Independence Act, 1947.

Unit VIII — The Framing of the Indian Constitution and Contemporary India

The Constituent Assembly debates and Making of the Indian Constitution, Constitutional Position of princely states, Present judicial system: Post-Colonial Developments, Post-Colonial Discourse on the changing notions of social justice in Modern India with emphasis on Dalits and women.