29 June 2010

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Part 21 – Indian Legal History – Regulation and Non Regulation Provinces

Part 21 – Indian Legal History – Regulation and Non Regulation Provinces



Reality Views by sm –
Tuesday, June 29, 2010

For many years British India was comprised of only three provinces of Bomaby, Madras and Bengal and later added Bihar and Orissa.



In 17th century East India Company started as a trading company and with intelligence, using tricks very slowly took the controlled of India from the Muslim King of Delhi, who ruled the Land of Bharat.

We should not forget the fact that once there was a country of Bharat, then Muslims from Arab world came here and won our land and kingdoms
Same way English people came and won the same land and kingdoms from Muslim Kings.

Each presidency got the Provincial Government which got right and power to make the laws for the territories under its control.
Thus each province came to have a separate code of Regulation and 3 provinces were known as the Regulation Provinces.

Act II of 1800 enacted that it should be lawful for the court of Directors to declare what part or parts of the company’s territorial acquisitions would be subject of the government of which Presidency.

As company was slowly expanding and acquiring the new territories under its control, but it was not feasible, easy to implement the same regulation laws of established provinces.
Thus the new territories were known as Non Regulation provinces.
New territories were not annexed to any Presidency but were formed into distinct units of administration; Governor General in council administered the new territories under the executive capacity.

Punjab, Assam, central provinces and Oudh were governed as Non-Regulation Provinces.

Punjab was annexed by Lord Dalhousie in 1849.
And Board of administration, having a president and two members got the power to control and supervise all departments
The Board also acted as Sadar court of Judicature.
In 1853 board was abolished and its powers and functions were vested in chief commissioner assisted by a judicial commissioner and a finance commissioner.
Sir John Lawrence was appointed as the chief commissioner and on 1 January 1859 as the Lieutenant Governor.
The district officer known as the deputy commissioner acted as the collector, magistrate and civil judge.

Assam was annexed in 1826 and was added to Bengal. In 1874 it was detached and placed under a chief commissioner.
Nagpur came under in 1854.
Oudh was annexed in 1856
In this provinces officers enjoyed unlimited powers.
The regulation system got the fixed rules and non regulation system got discretion.
The non regulation system was based on the will of head or officer.
But using executive power, governor general and council passed many rules and orders.
But few people doubted the validity of such rules and orders.
Thus in 1861, section 25 of the Indian Councils Act legitimized the non regulation law
In 1861 All India Legislative council was established.
And it started to make the changes in judicial system of Non regulation provinces.
In 1853 under administration of Lawrence the Punjab Civil Code was compiled.
Punjab laws act was enacted in 1872 which declared that customs will rule and decide nearly all civil matters like succession, property etc.

The Indian Penal Code was enacted in 1860 and already civil procedure and criminal procedure code were in operation.

Suggested Reading –

Part 22 – Indian Legal History – British Citizens and Company Courts in India –



7 comments:

A June 29, 2010  

Looking forward to next part

sm,  June 29, 2010  

A,,
thanks

BK Chowla, June 29, 2010  

thank you so much for the informative post.

sm,  June 29, 2010  

BK Chowla,,
thanks

Neha July 06, 2010  

great information :)

sm,  July 06, 2010  

Neha,,
thanks

API For Mobile Recharge Solutions June 27, 2013  

This is the nice information. all legal aspect are well illustrated and with the brief information is to be given.