23 August 2010

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Part 28 - Indian Legal History – The Government of India Act 1935

Part 28 - Indian Legal History – The Government of India Act 1935



Reality Views by sm –
Monday, August 23, 2010

In 1935, British Parliament enacted the government of India act to bring the constitution of the country on federal lines.




This act contained many provisions regulating the composition, constitution and working of the High courts.

The Government of India Act 1935 was passed during the "war Period" and was the last pre-independent constitution of India.
In 1947, a relatively few amendments in the Act made it the functioning interim constitutions of India and Pakistan.

The Act was originally passed in August 1935 (25 & 26 Geo. 5 c. 42), and is said to have been the longest (British) Act of Parliament ever enacted by that time.
Because of its length the Act was retroactively split by the Government of India (Reprinting) Act 1935 (26 Geo. 5 & 1 Edw. 8 c. 1) into two separate Acts:

1.The Government of India Act 1935 (26 Geo. 5 & 1 Edw. 8 c. 2)
2.The Government of Burma Act 1935 (26 Geo. 5 & 1 Edw. 8 c. 3)

The act made provision for the
1.establishment of a "Federation of India", to be made up of both British India and some or all of the "princely states"
2.the introduction of direct elections, thus increasing the franchise from seven million to thirty-five million people
3.Sind was separated from Bombay
4.Burma was completely separated from India
5.Aden was also detached from India, and established as a separate colony
6.the introductions of direct elections, thus increasing the franchise from seven million to thirty-five million people and in 1937 first elections were held.

The Indian High courts act 1911 fixed the maximum number of judges in a High court at 20.
The act of 1935 removed this limit and gave authority to the King in council to fix the number of judges for each High court from time to time.

Before 1935, High court judges hold office during His Majestys pleasure.

In England in 1701 act of settlement was passed to achieve the independence of the judiciary from the executive.

The act of 1935 fix the retirement age for the judges that is age sixty.

The act of 1935 added the rule that barristers and advocates of ten years standing were to be qualified for appointment as the High court judges.

On January 2, 1936 George V issued a charter and the Nagpur High court was established in place of the chief court.

The High court of Assam was created through the Assam High court order 1948 issued by the Government of India under s.229 [1] of the government of India act 1935 as adapted by the India Provisional Constitution amendment order 1948.

State of the Nagaland was created by the states of Nagaland act 1962. and High court of Assam became the common High court of the states of Assam and Nagaland.
This High court was renamed as the Gauhati High court by the North Eastern area reorganization act 1971 act 81.

The state of the Mizoram was created by the state of Mizoram act 1986.
The state of the Arunachal Pradesh was created by the state of Arunachal Pradesh act 1986.

The High court of Orissa was created for Orissa under the Orissa High court order 1948.

State of Andhra was created by the Andhra state act 1953 and High court of Andhra was established with effect from 1st January, 1956.
The state was renamed as the state of Andhra Pradesh by the states Reorganization act, 1956.

Like this many more High courts were created in India.

Suggested Reading –

Part 29 - Indian Legal History – Importance of Privy Council or King in council towards Indian Legal History –



7 comments:

chitra August 23, 2010  

sm
Stopping by top say hello to you. How do you get so many details of these things I wonder:). This blog is a store house of information.

Samvedna August 23, 2010  

Your blog ids always so well researched, you must be putting a lot of hard work into it.

sm,  August 23, 2010  

chitra,,
thanks

sm,  August 23, 2010  

Samvedna,,
thanks

alex,  September 01, 2010  

great post

Anonymous,  March 18, 2011  

SSSSSSSSSSSSSOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOo Thanks as it is my sylallabus to study may be i willl get good marks bcoz of this again thanking u a lot

sm,  March 18, 2011  

Anonymous,,
thanks.