Indian Legal History-Settlement Act, 1781

Background


Regulating Act of 1773 introduced some reforms. Charter of 1774 introduced Supreme Court in India.

However, jurisdiction of court was not demarcated properly. Neither their was clear separation of power between judiciary and governor and council.

More often than not, judiciary and executive behaved like typical husband wife, fighting over jurisdiction, fighting over interpretation of of regulating act, fighting over control over company's official etc. In Patna Case, supreme court went further and gave order against law officer of company.

Check out this cases here.

To solve these existing issues, House of commons (Lok Sabha equivalent in England) appointed a select committe know as Touchet Committee to brainstorm on issues in Bengal, Bihar and Orissa.

On the submission of Touchet Committee, Brtitish parliament passed Act of Settlement, 1781.

Objective

Below are objectives stated in preamble
  1. To remove doubts in Regulating Act which were causing conflict between Judiciary and Executives.
  2. To support Government of Bengal, Bihar and Orissa so that revenue collection goes smoothly
  3. To maintain and protect the inhabitants, their customs and their culture. (Really ???)

Important Provision

Below are some of the important provision of settlement act

Protection of native customs-Act provided that native customs and laws must be applied when dispute is between natives. It stated that personal laws should be applied to matters related to succession and inheritance etc.

Restriction over supreme court-Act stated that supreme court had no jurisdiction over matter of revenue, it's collection or any order relating to revenue collection

Relief to Patna Case victims- In Patna case, supreme court came down heavily on law officers (Mufti and Kazi). Those arrested in this case were released

No authority over executives -Act stated that Supreme court will not exercise any authority over Governor and his council

Legal Sanction to company's court- Company had Mofussil court in district court and Sadar Diwani Adalat as higher court. This settlement act provided that appeals from Sadar diwani Adalat wold lie to privy council. Hence it gave legal recognition to Company's court. Matter of above 5000 pounds could be appealed in privy council

Other Provision
  • Zamindar and revenue farmer (Who used to collect revenue for company were exempted from Supreme Court's jurisdiction
  • Clarity provided as to who all are subject to crown, company.
  • It was stated that Supreme court cannot issue write beyond presidency town

Conclusion

Act provided that personal laws of natives to be applied in case of inheritance and succession. This was good provision as natives were not much acquainted with laws in England.

The clarity provided over jurisdiction of Supreme court was good, for reason such clarification reduced conflicts between Court and Governor-in-council.

However, this was also setback for judiciary. Most of the power were given to Governor. Jurisdiction of Supreme court was reduced to Calcutta as well as related to subject matter (As inheritance, succession and company officials dispute were excluded).

All in all, it introduced very few changes. (And we think it's done all for Money for Britain and none for betterment of administration. What do you think ?)

Thanks,

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