Legal and Constitutional History of India
Dr. Ram Manohar Lohia National Law University · LL.B. Semester 3
Unit I — Early Administration of Justice in the Presidency Towns
Advent of European Trading Companies and the establishment of East India · Company; Development of Authority under Charters-1600, 1661 and transition from a trading body to a territorial entity. · Development of Company Courts& Judicial Institutionsin the Presidency towns of Surat, Madras, Bombay and Calcutta. · Beginning of Crown Courts-Establishment and working of Mayors Courts under the Charter of 1726; Adjustments and modifications made by the · Charter of 1753.
Unit II — Establishment of the Supreme Court-Prelude &Aftermath and
Administration of Justice in the Mofussil · Regulating Act of 1773- Objectives and the deliberate ambiguity. · Establishment of the Supreme Court of Judicature at Calcutta- Constitution, · Functions and Jurisdiction;Some landmark Cases- Trial of Raja Nand · Kumar, Patna Case, Cossijurah Case · Changes in the Mofussil, the double government, its abolition and introduction of the Adalat System: Warren Hastings’ Plans of 1772, 1774 and the reorganization in 1780; Judicial Reforms of Cornwallis- Judicial · Plans of 1787, 1790(Reforms introduced in the Mohammedan Law of · Crimes & Reorganization of the Criminal Courts); Reorganization of · Criminal Judicature and Reforms in Civil Judicature under William Bentinck and subsequent reforms.
- Changes introduced by the Charter of 1753, Warren Hastings Plan of 1772, Reforms
- Regulating Act of 1773: Provisions of the Act, Establishment of Supreme Court at
- Settlement Act of 1781
- 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
- Conflict Arising out of the Dual Judicial System
Unit III — The Landmark Institutions-The High Court, the Federal Court and
the Privy Council · Establishment of High Courts under the Indian High Courts Act 1861 and changes introduced by subsequent Indian High Courts Acts 1865, 1911 and · GOI Acts of 1915 and 1935. · The Federal Court · Judicial Committee of Privy Council as a Court of Appeal, its Jurisdiction on appeals from Indian decisions and abolition of Jurisdiction
Unit IV — The March towards Self-Government &Constitutional Advance
Chief provisions of the Indian Council Act, 1861 and Indian Council Act, · 1892; Minto-Morley Reforms, 1909; Dyarchy& Montague-Chelmsford Act, 1919. · Government of India Act, 1935. · Transfer of Power: Mountbatten Plan and Indian Independence Act, 1947.
- Indian Council Act of 1861, 1892 & 1909
- Government of India Act, 1919 & 1935
- Indian Independence Act, 1947
- Indian Councils Act of 1892
- Indian Councils Act of 1909
- The Government of India Act 1919 and its consequences
- Civil Disobedience Movement and Government of India Act, 1935
- Cripps Mission (1942), Cabinet Mission Plan (1946) and the Indian Independence Act (1947)
Unit V — Women and Law
Sati and its Prohibition under Law · Age of Consent Debate · The Hindu Code Bill · Essential Readings: