Part 27 - Indian Legal History the Government of India Act 1915

Part 27 - Indian Legal History the Government of India Act 1915




Reality views by sm –
Friday, August 13, 2010

The Government of India Act 1915 –
On 29 July 1915 British Parliament passed the Government of India [consolidating] Act 1915.



Reason to pass this Act - purpose behind this act was to consolidate and reenact existing statutes relating to the government of India.
The act reenacted all the provisions made by the Indian High courts acts of 1861 and 1911 in relation to the High courts.
This act made one change with respect to the ordinary original civil jurisdiction of the High courts of Calcutta, Madras, and Bombay, the act laid down that these courts may not exercise any original jurisdiction in any matter concerning revenue or concerning any act ordered or done in the collection thereof according to the usage and practice of the country or the law for the time being in force.
This provision did not serve any purpose.

This act made a very wrong provision in the act.
Below is that provision.
The governor general, governor, lieutenant governor, chief commissioner, members of the executive council of the governor general or the governor or lieutenant governor and a minister were to be exempt from the original jurisdiction of the High courts for anything counseled, ordered or done by any of them in his public capacity.
None of these officials was to be liable to be arrested or imprisoned in any suit or proceeding in any high courts on its original side or was to be subject to the original criminal jurisdiction of a high court in respect of any offence not being treason or felony.

A high court of judicature was set up at Patna through letters patent issued by his majesty on February 9, 1916, in pursuance of S.113 of the Government of India act 1915.
In 1865, the Punjab Chief court was established at Lahore through an act of the Indian legislature act XXIII of 1865.
The chief court was raised to the statues of the High court on 21 March 1919 by a charter issued by George V in pursuance of the Government of India 1915.
The High court was to have jurisdiction over the Punjab and Delhi.

Suggested Reading –

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