Indian Legal & Constitutional History- Descriptive questions

IndianIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more Legal & Constitutional History

Unit-I

1. Discuss in short the early history of establishment, constitutionConstitution The Constitution encompasses the global system of rules governing constitutional authority. Simply reading selected provisions of the written text may be misleading. Understanding the underlying principles, such as federalism, democracy, constitutionalism, the rule of law, and respect for minorities, is crucial. Democratic institutions must allow for ongoing discussion and evolution, reflected in the right of participants to initiate constitutional change. This right entails a reciprocal duty to engage in discussions. Democracy involves more than majority rule, existing within the context of other constitutional values. Therefore, a profound understanding of these principles informs our appreciation of constitutional rights and obligations. Read more and jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. along with the acquiring of additional rights by East India CompanyEast India Company British East India Company (1600-1874), the French East India Company, the Dutch East India Company (Netherlands) and the Danish East India Company (Denmark). by the Charter of 1600 and the Charter of 1661.
2. Stating the circumstances which forced the Directors of East India company to request the Crown in 1726 for establishment of a uniform judicial system in all the three presidencies, explain the composition, jurisdiction and working of the Mayor’s Courts established under the Charter of 1726.
3. Write a short note on Provisions of Charter of 1726.
4. State the salient features of Charter of 1726 and explain in what ways uniform judicial administration was achieved in the all three presidency towns.
5. “The judicial institutions in the town of Madras before 1726 developed in three stages.” Elucidate.
6. Discuss the administration of justiceJustice δικαιοσύνη > judicature ( δικαιοσύνη) > judge (δικαστής / κριτής). The whole purpose of Plato`s Republic is to search for Justice. The purpose of Justice is to establish a perfect State. The State of happiness (ευτυχία) in the Mayor’s Courts established under the Charter of 1726. What were the changes introduced in it by the Charter of 1753.
7. Explain ” Provisions of Charter of 1753, as amendments.”
8. Enumerate the provisions of Charter of 1726. Analyses its defects. How these defects were removed by the Charter of 1753.
9. Charter of 1753 was designed to steer clear of the defects that the Charter of 1726 had revealed. Comment referring to reforms in the Mayor’s Court.
10. “The Supreme CourtSupreme Court The Court of last resort. Supreme Court of India (26/01/1950), Supreme Court of the United States (1798), Supreme Court of UK (1/10/2009), Supreme Court of Canada (1949), International Court of Justice (22/05/1947), > Supreme Court Network at Calcutta was an institution which was dislike by all and had the goodwill of none.” Elucidate.
11. Discuss the salient features of Regulating Act, 1773. What were its defects? How far
    were they removed by the Act of Settlement, 1781 ?
12. Regulating Act, 1773 created so many centers of conflict. How were those conflicts resolved by the Act of Settlement, 1781 ?
13. Discuss the salient features of Regulating Act, 1773. What were its defects ? How far were they removed by the Act of Settlement, 1781 ?
14. What was the necessity of passing the Act of Settlement of 1781 ? Discussing its provisions also explain how far this Act could remove the demerits which were created by implementation of Regulating Act.
15. State the facts, argumentsArguments It is not quarreling. It can be divided into Deductive, inductive, and conductive > Functional includes include: “because”, “since”, “for”, and “as”; typical conclusion indicators include “therefore”, “thus”, “hence”, and “so”. पंच अवयव तर्कः प्रतिज्ञा हेतू उदाहरणम् निगमनम् अवयवाः > premises to conclusion or conclusion to premises to Proof something. Proof is a derivation of a conclusion from premises through a valid argument., decision and principles lawLaw νόμος:  Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article laid down in Trial of Nand Kumar.
16. State the facts, arguments, decision and principles law laid down in Cossijurih Case.
17. Illustrate in brief the Provisions of Regulating Act, 1773.
18. Illustrate in brief the Provisions of the Act of Settlement, 1781.
19. State the facts, arguments, decision and principles law laid down in Patna Case.
20. Discuss the Raja Nand Kumar case in the background of Indian Legal History. Point out those reasons on the basis of which historians had termed it as “Judicial murder.”

Unit-II

1. What do you understand by Adalat System ? Discuss judicial reforms that were introduced by Warren Hastings in BengalWest Bengal Bengal derived its name from Vedic king Vanga (Son of Vali). Banga was part of the Magadha Kingdom of Jarasandha and later Nanda dynasty. After the Garuda Dynasty ( history lost) the region was named Gouda Bhumi. Districts North 24 Parganas South 24 Parganas Bankura Birbhum CoochBihar Dakshin Dinajpur Darjeeling Hooghly Howrah Jalpaiguri Jhargram Kalimpong Kolkata Malda Murshidabad Nadia Paschim Burdwan Purba Burdwan Paschim Medinipur Purba Medinipur Purulia Uttar Dinajpur Alipurduar Govt Site Calcutta High Court KMC, BiharBihar 38 Districts > Araria Arwal Aurangabad Banka Begusarai Bhagalpur Bhojpur Buxar Darbhanga Gaya Gopalganj Jamui Jehanabad Kaimur (Bhabua) Katihar Khagaria Kishanganj Lakhisarai Madhepura Madhubani Munger Muzaffarpur Nalanda Nawada Pashchim Champaran Patna Purbi Champaran Purnia Rohtas Saharsa Siwan Supaul Vaishali Samastipur Saran Sheikhpura Sheohar Sitamarhi and Orissa.
2. Discuss Warren Hastings Judicial Plan of 1772. State how far his reforms of 1774 were in improvement on that of the earlier plan of 1772.
3. What do you understand by Adalat System ? Describe Warren Hastings Plans of 1772. How it was amended by his plan of 1774.
4. Explain ” Charter of 1772, as a turning point in Legal History.”
5. Discuss the work of LordLord Adoni in Hebrew (אָדוֹן) and dominions in Larin. άρχοντας / κύριος in NT Cornwallis in the administration of justice.
6. “The Governor Generalship of Lord Cornwallis constitutes a very remarkable and highly constructive period in the history of Indian Legal Institutions.” Discuss the above statement with illustrations.
7. Comment on the judicial reforms of Lord Cornwallis.
8. “In 1790, Cornwallis GovernmentGovernment HM Govt consists of the Prime Minister, their Cabinet, and junior ministers, supported by the teams of non-political civil servants that work in government departments. The American Federal Government consists of the Legislative, Executive, and Judicial branches. introduced several reforms in the law to do away with some of the fragrant abuses which marred the administration of criminal justice.” Elucidate.
9. State briefly the reforms of Lord Cornwallis in the field of administration of criminal justice.
10. Discuss in brief the judicial reforms introduced by Lord Cornwallis in Bengal, Bihar and Orissa in 1793.
11. “Reforms of Lord William Bentinck are deemed second to that of Lord Cornwallis.” Compare the judicial importance of the reforms made by Lord Cornwallis and Lord William Bentinck.
12. The keynote of Bentinck’s judicial reforms was Indianisation, decentralisation and economy comment.
13. Write a short note on Reforms by Lord Bentinck.
14. Write a short note on developmentDevelopment ανάπτυξη of Criminal Law.

Unit-III

1. Discuss in detail the various stages of development of Personal Laws.
2. Discuss in detail the development of Law in Presidency Towns.
3. How Civil Laws developed in Mufassil area. Give comment.
4. Write a short note on Principle of Justice, Equity and Good conscienceConscience The mind (depending on bio-electricity) can not work without memory and information, but consciousness can. Dreams come from consciousness. Conscience, in its moral sense, is the innate human ability to discern right from wrong and, based on this awareness, to guide, monitor, evaluate, and regulate one’s actions accordingly. Read: Mind is man..
5. Write a short note on Charter of 1833.
6. “The Charter Act of 1833 was a landmark in the Indian Constitutional History as it evolved a centralized system of administration and legislation.” Discuss the statement.
7. What do you understand by Codification of Law ? What are the meritsMerits Strict legal rights of the parties; a decision “on the merits” is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process. and demerits of codification ? Give an account of the contribution made by first law commission.
8. What do you understand by ‘Codification of Law’ . Give an account of the contribution made by the Second Law Commission.
9. ‘The Charter Act of 1833 was a landmark in the Indian Constitutional History as it evolved a centralized system of administration and legislation.” Discuss this statement.
10. During the course of discussion on the Charter Act, 1833 in the BritishBritish "Britons" can refer to the Ancient Britons, the Celtic-speaking peoples of Great Britain during the Iron Age, whose descendants today include the Welsh, Cornish, and Bretons. The Union of the Crowns in 1603, followed by the creation of the Kingdom of Great Britain in 1707, helped forge a wider sense of British national identity. Yet this idea of “Britishness” was superimposed upon much older cultural identities of the English, Scots, and Welsh, whose distinctiveness continues to resist a fully homogenised identity. Greek explorer Pytheas referred to the islands collectively as αἱ Βρεττανίαι. The Celtic King Arthur was said to have established a kingdom on the British Isles. Parliament, Lord Mill and Lord Macaulay said, “IndiaIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more is a good laboratory for experimenting the Bentham’s Principles of utility.” Explain the above statement in the light of the history of codification in India.
11. Discuss the powers and jurisdiction of the High CourtHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission.’s established under the Indian High Court Act, 1861.
12. Write a short notes on the Indian High CourtsHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission. Act, 1861
13. The High Court Act of 1861 was a momentous step forward in the direction of improving the administration of law and justice in India.” Elucidate.
14. What are the merits and demerits of codification ? Explain the contribution of First Law Commission in codification of Indian LawIndian Law Basic Indian Laws Indian Ancient Laws Manu Smriti.
15. Write a short note on First Law Commission.
16. Write a short note on Lex Loci Report.
17. Write a detailed note on the history of appeals from Indian courts to the Privy Council in EnglandEngland 47 boroughs, 36 counties, 29 London boroughs, 12 cities and boroughs, 10 districts, 12 cities, 3 royal boroughs boroughs: Barnsley, Blackburn with Darwen, Blackpool, Bolton, Bournemouth, Bracknell Forest, Brighton and Hove, Bury, Calderdale, Darlington, Doncaster, Dudley, Gateshead, Halton, Hartlepool, Kirklees, Knowsley, Luton, Medway, Middlesbrough, Milton Keynes, North Tyneside, Oldham, Poole, Reading, Redcar and Cleveland, Rochdale, Rotherham, Sandwell, Sefton, Slough, Solihull, Southend-on-Sea, South Tyneside, St. Helens, Stockport, Stockton-on-Tees, Swindon, Tameside, Thurrock, Torbay, Trafford, Walsall, Warrington, Wigan, Wirral, Wolverhampton counties (or unitary authorities): Bedfordshire, Buckinghamshire, Cambridgeshire, Cheshire, Cornwall, Cumbria, Derbyshire, Devon, Dorset, Durham, East Sussex, Essex, Gloucestershire, Hampshire, Herefordshire, Hertfordshire, Isle of Wight, Kent, Lancashire, Leicestershire, Lincolnshire, Norfolk, North Yorkshire, Northamptonshire, Northumberland, Nottinghamshire, Oxfordshire, Shropshire, Somerset, Staffordshire, Suffolk, Surrey, Warwickshire, West Sussex, Wiltshire, Worcestershire. State how and when its jurisdiction came to an end?
18. Write a short note on Privy Council.
19. Write a detailed note to the history of appeals from Indian Courts to the Privy Council
    in England. State how and when its jurisdiction came to an end.
20. Discuss in detail the merits and demerits of RacialRace It is a major subdivision of mankind, regarded as having a common origin, and is made up of individuals who have a relatively constant combination of physical traits that are handed on from parents to children. Ethnicity and race are often thought of as one and the same, but they do not consistently have the same meaning. Ethnicity refers to cultural features while race has biological as well as cultural components. Discrimination.

Unit- IV

1. Explain “Importance and necessity of Indian Legal History”.
2. Write a short note on Early development of Legal ProfessionLegal Profession The Legal Profession is sui generis i.e. unique in nature and cannot be compared with any other Profession. A service hired or availed of an Advocate is a service under “a contract of personal service,” and therefore, would fall within the exclusionary part of the definition of “Service” contained in Section 2 (42) of the CP Act 2019. [Bar of Indian Lawyers through its President Jasbir Singh Malik v DK Gandhi PS National Institute of Communicable Diseases, 2024 INSC 410] in India through Mayor’s Court, Supreme Court, Company’s Court and the High Court.
3. Discuss in short the provisions of the Legal Practitioners Act of 1879.
4. Describe the Chamier and the Indian Bar Committee of 1951.
5. Discuss the provisions of the Indian Bar Committee of 1951.
6. “Legal profession is back-bone of legal system in any country.” Discuss the gradual development of legal profession in India.
7. Write a short note on Law reporting in India from 1773 to 1950.
8. Discuss in detail the history and aims of Legal Education.

Unit-V

1. Describe the main features of Morley-Minto Reforms of 1909.
2. Write a short note on Indian Council Act, 1909
3. Enumerate the salient features of Government of India Act, 1919. Upto what extent it could establish representative responsible Government ?
4. Discuss the events which led to the passing of the Government of India Act, 1919. What were the main provisions of the Act ?
5. Explain the system of Dyarchy introduced by the Government of India Act, 1919.
6. Discuss the main events which led to the passing of the Government of India Act, 1919. Also throw light on the main provisions of the Act.
7. Write a short note on Provincial Autonomy under Act, 1935
8. Describe in detail the provisions of Government of India Act, 1935.
9. Describe the salient features of the Government of India Act, 1935. Is it correct to say that under this Act the Governor-General was the cornerstone of the entire constitution ?
10. Discuss the main provisions of the Indian Independence Act, 1947 and state its effects.

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