India Under British Rule from the Foundation of the East India CompanyWheeler, James Talboys
History
India Under British Rule from the Foundation of the East India Company
Wheeler, James Talboys
India -- History -- British occupation, 1765-1947
§14. The legislative council was opened in 1854. It was the first germ
of representative government in India. Lord Dalhousie introduced
parliamentary forms, and the debates were conducted with a spirit which
recommended them to the attention of the Indian public, official and
non-official, Asiatic and European. The Governor-General and executive
council exercised a veto on the introduction of bills. But four Indian
civilians represented the governments of four presidencies, and the
judges of the Supreme Court represented, more or less, the interests of
the public outside official circles. Moreover, although the Asiatic
populations had no voice in the debates, they were enabled to express
their objections in the form of petitions, which were duly considered by
the committees of the council on the several bills. In a word, the
legislative council of India, imperfect as it may have been, was an
advance in the development of constitutional government of India, and
will accordingly be brought under review in the concluding chapter.
[Sidenote: Macaulay and the Penal Code.]
The new legislative council brought to light Lord Macaulay's draft of a
Penal Code, which had been shelved for nearly twenty years. The delay,
however, had not been without its advantages. Mr. (now Sir Barnes)
Peacock, took charge of the bill under which the Code became law, and
subjected its clauses to a careful revision. Moreover, the
representative civilians from the four presidencies, and two judges of
the Supreme Court at Calcutta, had opportunities for discussing any or
every clause from local and imperial points of view, which could
scarcely fail to adapt the Penal Code to all parts of British India.
[Sidenote: Characteristics of the Code.]
The Penal Code had evidently been drafted in Lord Macaulay's best style.
It was eminently clear and concise, free from redundancies and
repetitions, and singularly happy in the definitions of offences and law
terms. It embodies illustrations, as well as explanations, of every
conceivable offence known to criminal law. Consequently, no educated
individual, Asiatic or European, who refers to the Penal Code, can
possibly make any mistake as regards the criminal law in British India.
It did not, however, take effect until 1860. Meanwhile events transpired
which opened up an entirely new era in the progress of Great Britain as
an Asiatic power.
[Sidenote: Lord Dalhousie leaves India, 1856.]
Public-domain text, read in full here on John Shaqi.
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