Tag: History of Indian judiciary under British rule

Evolution of Civil Services, Police, Judiciary, Local Bodies, Labour Laws, and Education in Colonial India Colonial India institutional reforms played a crucial role in shaping modern India’s administration and governance. These reforms transformed key sectors such as civil services, police, judiciary, local bodies, labour laws, and education during British rule. Understanding these Colonial India institutional reforms helps us grasp the foundation of India’s administrative framework today. Evolution of Civil Services in Colonial India Cornwallis’ Reforms: Civil servants were prohibited from private trade to curb corruption. Strict rules were enforced against accepting gifts and bribes. Promotions were based on seniority within the service. Wellesley’s Contribution: Established Fort William College (1800) for administrative training. The Court of Directors disapproved of its broad curriculum. Training later shifted to East India College in the UK. Charter Act of 1853: Ended the East India Company’s nomination system. Introduced open competition for civil service recruitment. Enabled Indians to theoretically compete for top administrative roles. Indian Civil Services Act, 1861: Reserved certain posts for covenanted civil service (UK recruits). Required classical education (Greek and Latin). Gradually reduced the upper age limit: 23 years (1859) 22 years (1866) 21 years (1876) 19 years (1878) Statutory Civil Service (1878–79): Introduced under Lord Lytton. Allowed nomination of Indians from elite backgrounds to 1/6th of the covenanted posts. Required approval from local governments and the Viceroy. Congress Demands & Aitchison Committee (1886): INC demanded: Higher age limits for exams. Conducting exams in India as well as in England. Aitchison Committee recommended: Categorization into covenanted and uncovenanted services. Division into Imperial and Subordinate Civil Services. Suggested increasing the age limit to 23 years (not immediately implemented). Montford Reforms (1919): Emphasized increasing Indian representation in services. Called for simultaneous exams in India and England. Proposed that 1/3rd of new recruits be Indian, increasing annually by 1.5%. Lee Commission (1924): Recommended continued recruitment by the Secretary of State for key services: Indian Civil Service (ICS) Irrigation branch of the Engineers Indian Forest Service (IFoS) Evolution of the Police System Government of India Act, 1935: Established: Federal Public Service Commission (central level) Provincial Public Service Commissions These bodies managed recruitment and administration of services, including the police. Evolution of the Judiciary Early Structure: A dual system: Traditional Mughal courts alongside East India Company courts. Warren Hastings’ Reforms (1772–1785): Established Diwani Adalats (civil courts) at district level. Established Faujdari Adalats (criminal courts). Civil justice was overseen by the Collector. Cornwallis’ Reforms (1786–1793): Separated revenue and judicial functions. Abolished District Faujdari Adalats. Created Circuit Courts for criminal cases. Established: Sadar Diwani Adalat (civil apex) Sadar Nizamat Adalat (criminal apex) in Calcutta. Later Developments: Codification of laws: Indian Penal Code (IPC) – 1860 Criminal Procedure Code (CrPC) – 1859 (revised 1898) Civil Procedure Code (CPC) – 1859 (revised 1908) High Courts established, starting with Calcutta (1862). Efforts to regulate the legal profession and recognize local laws and customs. Evolution of Local Bodies Mayo’s Resolution (1870): Promoted financial decentralization. Allowed provinces to manage local services using local taxes. Laid groundwork for local governance. Ripon’s Resolution (1882): Marked the beginning of local self-government in India. Proposed local boards in rural and urban areas. Key features: Majority of non-official (Indian) members. Election-based selection process. Assigned administrative and financial duties to local bodies. Limitations: Bureaucratic control and inadequate finances hindered progress. [caption id="attachment_26117" align="aligncenter" width="425"] Infographic showing evolution of civil services, police, judiciary, local bodies, labour laws, and education in colonial India[/caption] Labour Legislation in Colonial India Background: Initial pressure came from Lancashire textile manufacturers in England. First Indian Labour Commission set up in 1875. Indian Factory Act, 1881: Applied to factories with 100+ workers using steam power. Child labour restricted: Ages 7–12: Max 9 hours/day. No employment under 7. Mandated: One rest day/month Meal breaks Safety measures (machine guards) Inspectors appointed for enforcement. Indian Factory Act, 1891: Raised working age to 9, max 14. Weekly holiday mandated for all factory workers. Women: Max 11 hours/day. Men's hours remained unregulated. Plantation workers (British-owned tea/coffee estates) were excluded. Violations were criminalized; plantation owners could summon police. Economic Impact of British Policies (Highlights) Decline of traditional industries and crafts. Indian economy became agrarian and impoverished. Zamindari reforms led to the ruin of many landlords. Agriculture stagnated. Emergence of Indian industrialists, but under constraints. Wealth drain to Britain triggered famines and poverty. First Indian industries: Cotton mill – Bombay (1853) Jute mill – Calcutta (1855) Nationalists condemned: Exploitation Imperial trade policy Slow industrial growth Economic self-reliance became a central nationalist demand. Evolution of Education in Colonial India Early Institutions: Calcutta Madrassa (1781) – Islamic studies. Sanskrit College, Benares (1791) – Hindu law and philosophy. Fort William College (1800) – Trained civil servants in Indian languages (closed in 1805). Charter Act of 1813: Allocated ₹1 lakh/year for education. Led to: Calcutta College (1817) Sanskrit colleges in Calcutta, Agra, and Delhi. Orientalist vs. Anglicist Debate: Orientalists: Supported traditional Indian education. Anglicists: Advocated Western education in English. Macaulay’s Minute (1835): Endorsed English education. Introduced Downward Filtration Theory. James Thomason (1843–53): Supported vernacular village schools. Focused on practical subjects. Wood’s Despatch (1854): Defined government's responsibility in education. Proposed a tiered system: Village schools → District high schools → Universities. Promoted: Vernacular education Female education Teacher training and vocational courses Led to establishment of universities at: Calcutta, Bombay, Madras (1857) Hunter Commission (1882): Evaluated elementary education. Recommended: District and municipal control of primary schools. Vocational training in secondary schools. Indian Universities Act (1904): Increased state control over universities. Standardized education and exams. Defined the affiliating and teaching roles of universities. Education Policy Resolution (1913): Emphasized free and compulsory primary education. Strengthened teacher training and curriculum. Proposed new provincial universities. Sadler Commission (1917–19): Proposed: 12 years of school + 3-year university degree Separation of secondary and higher education Introduction of intermediate colleges and vocational streams Creation of unitary teaching universities Education Under Dyarchy (Post-Montford Reforms): Education became a provincial subject. Central government retained university control. Progress hindered due to: Funding shortages Colonial orientation Inequitable access Technical, female, and vocational education remained neglected. Universities had limited autonomy and mostly acted as affiliating bodies. Separate boards introduced for secondary education. New universities established in: Patna, Benares, Aligarh, Dacca, Lucknow, Hyderabad Government controlled grants and administration, limiting reform potential. Legislative Measures by the British for Social Reforms in India 1. Abolition of Female Infanticide 1795: Bengal Regulation first addressed the inhuman practice of female infanticide. 1802: Lord Wellesley reinforced the ban with stricter measures against the crime. 1811: Bengal Regulation X further strengthened the abolition process under British administration. 2. Prohibition of Sati 1829: Sati was officially outlawed through Regulation XVII, passed under Lord William Bentinck. This was a landmark reform for women's rights in India. 3. Ban on Thuggee Cult 1831–1837: A determined campaign against the Thuggee criminal cult was led under Governor-General William Bentinck, with key operations headed by William Sleeman, resulting in the cult's eradication. 4. Abolition of Slavery 1832: Regulation III abolished slavery in many parts of British India. 1843: Slavery was officially banned throughout British territories under Lord Ellenborough. 5. Suppression of Human Sacrifice 1844–1848: Under Lord Hardinge, steps were taken to end the ritual practice of human sacrifice, especially in tribal regions. 6. Legalization of Widow Remarriage 1856: The Hindu Widow Remarriage Act was passed due to the efforts of Ishwar Chandra Vidyasagar, granting legal sanction to remarriage of Hindu widows. 7. Prohibition of Child Marriage & Polygamy 1872: The Native Marriage Act introduced: A ban on polygamy, Legal sanction to inter-caste and widow remarriage. 8. Minimum Age of Marriage for Girls 1891: Through the Age of Consent Act, the minimum legal age for marriage of girls was raised from 10 to 12 years. Behramji Malabari was a prominent reformer behind this effort.

Tag: History of Indian judiciary under British rule

Colonial India Institutional Reforms: Key Changes Explained

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