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Showing posts with the label Indian Legal History

Legal History- Development of Legal Profession in India

Introduction Jolly LLB of today is not evolved in year or decades. It's result of centuries old legal profession.From ancient to modern day lawyer and other court official, we will track down the journey of legal profession briefly. Ancient India Earlier societies were patriarchal in nature. Decision were mostly were taken by men. Is situation changed today much ? There used to Panchayats at lower level. Local noble then would decide matters in finality. Meaning local king was highest authority and his decisions would be binding on parties.  "Principle of Dharma" was followed. "Dharma Guru" were there to guide the king in administration of justice. Religion had a large play in legal system. People with religious knowledge used to carry on legal duties as well. Mughal Rule It was organized at proper hierarchy was there. At town level there was Qazi-e-parganah. Appeal from this court lay in Qazi at district level. District level is also k

Indian Legal and Constitutional History- August offer

Background Government of India Act 1935, passed after demands for self rule, provided for elections. It also have provisions related to power sharing among provinces and center. In 1937, elections were held as per the provision of above act. Congress won in 7 of the 11 provinces. Even they emerge as largest party in other provinces. They started ruling. Though Governor general had veto power, Congress government started doing people friendly work. In 1939, second world war started. India was also declared as country in a war by British government. Britain didn't even consult Indian leaders. Congress government formed after 1937 resigned. Congress wanted that British should declare their war aims. Like if they can grant complete freedom after war etc. Some sort of Self Satyagraha was also started by leaders. Viceroy, Lord Linlithgow declared his policy towards India in August, 1940. This declaration is known as "August offer" Provision of August offer

Indian Legal and Constitutional History- Communal Awards and Poona Pact

Background We all know Civil Disobedience Movement, which started with Dandi Yatra. However Britain didn't consider demands for dominion and self rule. Later they organized some round table conferences to look into to the demands of Indians. Left wing Labour Party was Ruling British during 1930s. Their prime minister Ramsay MacDonald consider himself a friend of Indian. He wanted to solve the problems of representation. He provided simple solution. He provided reservation for all in legislature. Forward caste, depressed caste, Muslims, Sikhs and all ( Aren't we doing the same today ? .)  Many leaders didn't like this solution like Gandhiji. Many also supported like Dr Ambedkar. This was also known as Communal Award Gandhiji started a fast saying that such a move would divide Hindu society. He was fine with concession granted to Muslims and other religious minorities. Separate electorates for Dalits was a ploy to divided society as he believed. Dr Ambedkar, o

Indian Legal History- Government of Indian Act, 1919

Introduction In 1909, additional reforms were introduced by Morlay-Minto reforms. However this reforms didn't satisfy Political problems, nor did they satisfy our freedom fighters. Subsequently, in 1919 additional reforms were introduced by British crown. Montague introduced in the House of Common the Government of India bill in 1919. The Bill was then referred to Joint Select Committee of the Lords and Commons and ultimately the Bill was passed and became the law on 23rd December. Chelmsford was viceroy at that time. 3 Major events that lead to this reforms are World War 1 Home rule league Union of Radicals and Moderates of Congress' in Lucknow, and Union of Muslim League and Congress in 1916 Objectives More involvement of Indian in every sphere of administration like judiciary, civil service law making etc Establishment of Responsible and accountable government Development of self-governing institution Grant provincial autonomy, meaning regional gove

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