Wednesday, 26 January 2022

Charter Act 1883

 CHARTER ACT 1833

INTRODUCTION OF THE ACT: The charter act of 1833 came into force on 23 April 1934. Under this act a single

legislative council was established which comprised of Governor General and 4 members, and was one of

those was related to the field of law. It was given all the authority to make rules, regulations and laws under

the company, within the territory of India.

FIRST LAW COMMISSION: The first Law Commission voice established in 1835 under this charter it was

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headed by Lord Macaulay. It was given the task to draft a Penal Code for India, draft a Lexi loci report for

non-Christians and drafting a procedural code. It submitted the draft in 1834, but the draft was not accepted

there was some vagueness in substantive law and Macaulay had alone drafted the constitution because

other members fell ill.

Lexi Loci Report- The Commission wanted application of land for non-Hindus and non-Muslims. And said that

English substantive law was already the law of land. Therefore, it said that English law should be applied

Indian circumstances but it should not be against regulations in presidencies, local laws should be applied

for non-Christians for civil matters like marriage, divorce etc. 

The Main Provisions Of The Act Were:

If English law is not in contradiction with the needs and demands of Indians then it should be made law of

land as far as possible. The Commission also focused on the preservation of customs and practices of the

native people. It also declared that any law passed in England parliament after 1726 should not be extended

to India. The ideas of justice, equity and good conscience were to be interpreted keeping in mind the English

law. Regarding the property matters of Mufassil, the English law was to be applied.

Although this act faced strong criticism from the opposite side but one of its recommendations was accepted

in 1850. The Caste Disabilities Removal Act 1850 Abolished the Hindu and Mohammedan law in matters

related to inheritance if the person had renounced his religion or caste.


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