Upon all of these topics the law of India is mainly
English. Not that the whole of it rests upon the slender authority above
described. Much of it, as will appear presently, was introduced by the
Indian legislatures; much of it also, although originally introduced by
the courts, has since received legislative sanction.
3. _The Law made by Persons or Bodies in India having Legislative
Authority._--As a general proposition it would be true to say that
wherever a British authority has legislated in India it has been largely
influenced by the English law. The legislative authorities in India are
very numerous. Those now existing are (1) the governor-general of India
in council; (2) the governor of Madras in council; (3) the governor of
Bombay in council; (4) the lieutenant-governor of Bengal in council; (5)
the lieutenant-governor of the North-Western Provinces in council; (6)
the lieutenant-governor of the Punjab in council; (7) the
lieutenant-governor of Burma in council; (8) the lieutenant-governor of
Eastern Bengal and Assam in council. No legislative enactments of any
kind passed in India before 1793 are now in force. In Bengal in the year
1793 forty-eight regulations (as they were then called) were passed in a
single day, and it was assumed that all previous legislation in Bengal
was thereby superseded. Similar regulations were passed about the same
time, and the same assumption was made, in Madras and Bombay. As new
territories were acquired by the government of India, the existing
regulations were in some cases extended to them, but in other cases this
was thought not to be convenient, and for these territories the
governor-general in council issued general orders, not in the regular
way of legislation but in exercise of his executive power. Hence the
distinction between "regulation" and "non-regulation" provinces. Any
doubt as to the validity of the orders so made was removed by the Indian
Councils Act 1861. The term "regulations" was dropped after the passing
of the 3 & 4 Will. IV. c. 85 (1833), and since that time the word "Acts"
has been in use. Acts are referred to by the year of their enactment.
Public-domain text, read in full here on John Shaqi.
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