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This is a collection of articles archived for the excellence of their content.

Legislation and justice

The laws in force in Bengal consist of (i) Acts of Parliament relating to India ; (2) certain still unrepealed Regulations of what was known as the Bengal Code, framed by the Executive Govern- iifstice nient before the creation of the legislative bodies j (3) Acts of the Governor-General's Legislative Council, now constituted under the Indian Councils Acts, 1861 and 1892; (4) Regulations for certain backward tracts issued by the Government of India under the Statute 33 Vict., c. 3 ; and lastly, (5) Acts of the Bengal Legislative Council. Ihe Bengal Council came into existence on January 18, 1862, under a proclamation by the Governor-General-in- Council which extended the provisions of the Indian Councils Act,

 186 1, to the Bengal Division of

the Presidency of Fort William '. The Council at first consisted of twelve members and a president, the Lieutenant-Governor of Bengal; but this number has been raised to twenty under the Indian Councils Act, 1892. By regulations made under this Act, it has been provided that of the twenty members not more than ten shall be otificials ; of the non-official members seven are nominated by the Lieutenant-Governor on the recommendation of certain local bodies and associations, and three at his own discretion. The financial position of the Government of Bengal is explained in Council every year, and is there open to criticism, so far as it concerns the branches of revenue and expenditure that are under the control of the Government of Bengal. There is also a right of interpellation, which is limited to matters under the control of the

Lieutenant- Governor,

 who may disallow questions which appear to him to be inconsistent with the public interest. No resolution can be proposed or division taken in connexion with the financial statement. Among the legislative measures enacted since 1880, which specially affect this Province, the following deserve mention :— Act of the Indian Council The Bengal Tenancy Act (VIII of 1S85). Acts of the Bengal Council The Bengal Drainage Act (VI of 188o\ The Cess Act (IX of 188o). The Bengal Municipal Act (III of 1884V The Bengal Local Self-Government Act (III of 1885). The Calcutta Port Act (III of 1890). The Public Demands Recovery Act (I of 1895). The Calcutta Municipal Act (III of 1899"). In respect of civil justice the High Court at Calcutta (more properly designated the High Court of Judicature at Fort William in Bengal) is a court of record and equity, and is constituted under the Indian High Courts Act, 1861, as the supreme court in Bengal, exercising both original (including ecclesiastical, admiralty, and bankruptcy) and appellate jurisdiction. Below the High Court are the District and Additional Judges, the Small Cause Courts, the Subordinate Judges, who are sometimes also appointed to be Assistant Judges, and the Munsifs. Of these, the District, Additional, and Assistant Judges also exercise the powers of a criminal court ; the others are purely civil judges, with the exception of a few Munsifs who are vested with magis- terial powers. The ordinary jurisdiction of a Munsif extends to all original suits cognizable by the civil courts in which the value of the subject-matter ' As regard:; legislation and ihe functions of the Provincial Legislative Councils, see Vol. IV, chap. v.

 

 

in dispute does not exceed Rs. i,ooo, or, if specially extended, Rs. 2,000. The jurisdiction of a

Subordinate Judge

or District Judge extends to all original suits cognizable by the civil courts. It does not, however, include the powers of a Small Cause Court unless these have been specially conferred. Appeals from Munsifs lie to the District Judge, or to the Subordinate Judge, if the High Court, with the sanction of the Local Government, so direct. Appeals from Subordinate Judges lie to the District Judge, except when the value of the subject-matter exceeds Rs. 5,000, in which case the appeal lies to the High Court. Appeals from the decrees and orders of District and Additional Judges lie to the High Court. An appeal may, subject to certain restrictions, be preferred from the High Court to the Privy Council in England, if the amount in dispute exceeds Rs. 10,000. The powers of Courts of Small Causes are regulated by Act IX of 1887. Subject to certain exceptions, their jurisdiction extends to all suits of a civil nature of which the value does not exceed Rs. 500, a limit which may be increased to Rs. r,ooo by a special order of the Local Government. The Local Government is empowered, under Act XII of 1887, to invest Subordinate Judges and Munsifs with Small Cause Court jurisdiction for the trial of cases not exceeding Rs. 500 in value in the case of Subordinate Judges, and Rs. 100 in the case of Munsifs. In civil suits above a certain limit Calcutta is under the original jurisdiction of the High Court. The Small Cause Court of Calcutta has a purely local jurisdiction and is regulated by a special Act. The principal statistics^ relating to civil justice are embodied in the statement below : —