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D. Electoral System's Constituencies and Franchises. 441 V Provincial Legislature-A. General history. B. Characte
ricts. C. Its Composition, Functions and Privileges. VI Judiciary-A. Its early history. B. The Present Organisation of the High Courts. C. Organisation of the other Courts. D. Certain acts to be misdemeanours. E. Juries and Assessors. F. Appeal and Revision.
C. The Transferred Subjects Temporary Administration
D. The Reservation of Bills Rules.
I very much regret the delay caused in the publication of this book. I am also sorry that some mistakes have not been corrected properly in the proof-sheets.
N. N. L.
Growth of Administration
Principles of Parliamentary Legislation.
Narrow spirit in the legislation of 1765-1833.-The course of Parliamentary legislation during the Company's rule is reviewed in the First Book. The acts of 1773 and 1784 were designed to establish a regular system of administration and justice under the Honourable East India Company. On the whole, from 1765 to 1833, the Company enforced order and took measures against the worst forms of misrule, but they drew the clearest line between business and philanthropy, and strictly confined the scope of their activity in the case of the latter.
"The native dynasties were maintained, indigenous codes and forms of law were respected, and the religious and social usages were left scrupulously alone. Whatever momentum remained in the administrative system of the Mughals ran on and ran steadily down: while the Company stood by in an attitude of negative benevolence." * (1. M, 85).
Liberal spirit in the legislation of 1893–1845.The British recognised their duties as sovereigns after 1833. This was partly due to the growing "humanitarian influence in the English public opinion of Wilberforce's and Bentham's days", and partly due to the growing activity in the direction of liberal legislation which followed the Parliamentary Reform of 1832. The extension of privileges to the people of India during this period was the counterpart of the social and political reforms introduced in England at this stage. Munro, Elphinstone, and Pentiack were inspired by the same spirit to reform and benefit the people that
worked in the case of Canning, Grey, and Russel. The three wellwishers of India, whose work is discussed in detail in another volume-"The study of Indian Administrative Problems", recognised the great principle that India was to be governed for the benefit of the Indians. The Act of 1833, therefore opened the door, in theory, for Indians to public office and employment. British ideals of law, education and administrative methods were pressed upon the people of India with increasing fervour. Macaulay declared in the House of Commons:
"We have to engraft on despotism those blessings which are the natural fruits of liberty ".
Controlling spirit in the legislation of 1845 1853.-Unfortunately the evils of the double Government, established by the Pitt's India Bill, had led to such an aggressive war policy and expansion that the Court of Directors could no longer spare funds for the amelioration of the people in India. (See page 90) They were rightly or wrongly held responsible for the untoward events of 1858, events that sealed the fate of the Company. Justly or unjustly the Government of England, that had for nearly three quarters of a century entertained a desire to bring the Indian aiministration more and more under their control, struck the keynote, in 1893, by declaring that the Indian territories should remain under the Government of the Company, in trust for the Crown until it should direct otherwise." The Act of 1858 transferred the administration from the Company to the Crown and not without terrible opposition. The partisans of the Company headed by John Stuart Mill framed the Petition (February 1858) to be submitted to Parliament. In it they urged that
(a) It was not proper to deprive the Company of their Indian administration, because they had acquired and defende the magnificent empire in the East at their own expense, unaided by Parliament and without smallest cost to the British