A CONSTITUTIONAL. . HISTORY OFI INDIA 1600-1935 .A C OXSTITUTION.AL HISTORY OF INDIA.. 1600-1935
ARTHUR BERRIEDALE KEITH D.C.!_ D.LITT.. LL.D., F .B_-\. OP 'niB Dr10EB 'nt1lPU!, B.o.E.BL;ontB·AT-IA'II', L.'
METHUEX &::: CO. LTD. LOXDO~ Z5 usez Stred W.C. Firlll PvbliBW !' • • • A.pril1611t. 1938 Bewntl. Editiort. BeviBetl aflll Enlarged 1931 3n .memoriam MARGARET STOBIE KEITH AND MARGARET BALFOUR KEITH PREFACE
IT was the aim of the greatest among the early British adminis trators in India to train the peoples of India to govern and protect themselves, as Sir Thomas l\Iunro wrote in 1824, rather than to establish the rule of a British bureaucracy. The method which they contemplated was doubtless that carried out with the most conspicuous success in Mysore, which, thanks in the main to the efforts of Sir Mark Cubbon as resident, was handed back to Indian rule in 1881 with the assurance that a tradition of sound government had been created which could be operated without detailed British supervision. Elsewhere this ideal proved impossible of accomplishment; the necessity of securing justice and order led to the progressive extension of direct British sovereignty and the evolution of that splendid. instrument of government, the Indian Civil Service. That service, however, brought with it British political ideas and made English the official language of the higher functions of government. The resuJ.t was inevitable; with steadily increasing strength the Indian intelligentsia has demanded the fulfilment of self-government, not in the form contemplated by Munro and his contemporaries, but in that of British Parliamentary institutions. To men deeply imbued with the fundamental principles of democracy, such as Lord Morley of Blackburn, these demands seemed inconsistent with the structure of Indian society, which is founded on the basis of social inequality and racial and religious diversity. But the services of India in the war elicited a formal declaration on August 20th 1917 of the policy of the British Government as involving steps to the · gradual realization of responsible government in India as an integral part of the British Empire. · It is possible to condemn the declaration as an ill-considered piece of war propaganda; it seems clear at least that Lord Curzon did not realize that the pledge involved parliamentary government of the British type. But, whether the adoption of the policy was wise or not, it is clear that it had to be honoured, vii rill A CONSTITUTIONAL HISTORY OF INDIA and the constitution of 1919 was the method suggested by Mr. 1\Iontagu and Lord Chelmsford to inaugurate the process of change. Whether the system of dyarchy on which it was based was workable may be doubted; the insight into it which I derived from membership of Lord Crewe's Committee on the Home Administration of Indil\ satisfied me that, for the reasons pointed out in my report (Cmd. 207) as a member, radical alterations in the principle of control would be essential if the principle of responsi}>ility was to be tested. Naturally enough, considerations of caution prevailed, and the constitution as enacted and as operated effectively negatived any real test of the capacity of Indian ministers to work responsible govern ment. It is .the essential merit of the Act of 1935 that it recognizes the failure of the Act of 1919 and presents, so far as Indian social conditions permit, the possibility in the provinces of true responsible government. It would, of course, be absurd to ignore the difficulties of operating the system under Indian conditio~ which necessitate reserving large powers of inter vention to the governors, but the task is at least not impossible as it was under the Act of 1919. In the federal government also the semblance of responsible government is presented.· But the rea.pty is lacking, for the powers in defence and external affairs necessarily, as matters stand, given to the governor-general limit vitally the ~cope of ministerial activity, and the measure of representation given to the rulers of the Indian States negatives any possibility of even the beginnings of democratic controL It will be a matter of the utmost interest to watch the development of a form of government so unique; certainly, if it operates successfully, the highest credit will be due to the political capacity of Indian leaders, who have infinitely more serious difficulties to face · than had the colonial statesmen who evolved the system of self-government which has now culminated in Dominion status. . In the original edition the work was carried on to February, 1936. Since that date the provincial scheme has come into full operation, and the central government is working under the transitional plan set forth in the Act, pending the coming into being of federation. I have accordingly added a chapter PREFACE which carries on the narrative to September, 1937. The period is essentially one of transition, but the working of responsible government in the provinces, after a false start mainly due to lack of appreciation of the situation by the India Office and the central government, is of singular promise for the future of India, provided that it is not thwarted by federal intervention. For purposes of convenience· the original Government of . India Act, 1935 (25 & 26 Geo. V, c. 42) has been reprinted as the Government of India Act, 1985 (26 Gee. V, c. 2) and the Government of Burma Act, 1985 (26 Geo. V, c. 8), and the section references in this book refer to these Acts accordingly. The Government of India Act, without date, to which reference is occasionally made, is the Act of 1915 consolidating earlier legislation, as reprinted by direction of Parliament with altera tions under amending legislation passed before the Act of 1985. When the latter Act takes full effect, the ~lier legislation will pass away, together with the historic system which it represents. The vital change between the Act of 1935 and 1919 is thus formally attested; if it was possible to fit the changes then made as amendments into the substance of the old system that was out of the question with the Act of 1985. In this sketch of the constitutional history I have necessarily concentrated attention on those matters which appeared to me of special significance as bearing on the evolution of self government. After the earlier periods administrative and judicial details have, therefore, been passed over. Brevity also has dictated curtailment of discussion; otherwise I should have desired to deal fully with the views of the apologists for the action of lVarren Hastings, and of the defenders of the remarkable and in my opinion quite untenable claims put forward by the rulers of the Indian States. A. BERRIEDALE KEITH
THE UNIVERSITY OF EDINBURGH September 25th, 1937 CONTENTS CHAPTER P.&.Oii I. lim CoMPANY BEFORE PLAssEv; ITS .CoNSTITUTION, .RF.u.TION TO THE INDIAN STATES, AND THE ADMINIS-·· TRA.TION OF ITS SETTLEMENTS AND TERR1TORIES 1 1. THE CONSTITUTION OF THE COMPANY 1 2, THE COMPANY AND THE NATIVE PBlNCES 20 S, l'HE GOVERNMENT OF THE COMPANY'S SETTLEMENTS AND TERR1TORIES • 27 (a) THB. EXECUTIVE GOVERNMEN'I: (b) JUli.ISDICTION AND LEGISLATION IN BOMliAY (c) oltJli.ISDICTION AND LEGISLATION IN MADRAS (d) JURISDICTION AND LEGISLATION IN BENGAL
IL THE DIWANI, TilE EXPLOITATION OF BENGAL, DYARCHY, AND ANARCHY 58 1. THE GRANT OF THE DIWANI 53 2. THE WORKING OF DYARCHY 55
III. THE INTERVENTION OF PARLIAMENT, NoRm's REGULAT- ING AcT, AND W ARR.EN HAsTINGS 59 1. WARREN JIA.STINGS IN BENGAL 59 ~· THE INTERVENTION OF PARLIAMENT AND THE- REGU- LATING ACT 68 .,/8. WARREN BASTINGS AS GOVERNOR-GENERAlr--EXTERNAL AFFAIRS 76 \/4, WARREN HASTINGS AS GOVERNOB.-GEl\"ERAL--INTERNAL AFFAIRS ' . 84 IV. THE EsTABLISHMENT oF ORGANIZED ADMINISTRATION: .PITT's AcT AND CoRNWALLIS 93 1. THE ESTABLISHMENT OF PAR.LIA.MENTARY CONTROL • 98 2. CORNWALLIS AND EXTERNAL RELATIONS 101 ·J 8. THE REFORMS OF CORNWALLIS 105
v. THE SuPREMACY OF THE CoMPANY IN INDIA AND THE CHARTER ACTS OJ' 1813-53 Ill 1. THE ESTABLISHMENT OF THE COMPANY'S SUPREirlACY , 111 .,JY. THE CONSTITUTIONAL LEGISLATION OF THE IMPERIAL PARLIAMENT: THE CIIARTER ACTS OF 1813-53 125 ~i xii A CONSTITUTIONAL HISTORY OF INDIA
PAGB ~HE SuPREMACY OF THE CoMPANY IN INDIA (contd.) 8, THE SYSTEM OF ADMINISTRATION , 140 (a) BENGAL (b) MADRAS (c) BOMBAY (d) THE NORTH-WESTERN AND OTHER PROVINCES 4. THE ARMED FORCES OF THE COMPANY , • 155 1Z'5.. 5. RELIGION, EDUCATION, AND soCx.u. REFORM , • 160 ~THE DIRECT RTJLE OF THE QUEEN EMPRESS; THE GoLDEN AGE OF BUREAUCRACY • 164. 1. ".mE ASSUMPTION OF GOVERNMENT BY THE CROWN , 164. 2. THE HOME GOVERNMENT OF INDIA , 168 3. THE CENTRAL AND PROVINCIAL. GOVERNMENTS IN •/ JNDT&..... • 171 (a) THE CENTRAL EXECUTIVE {b) THE CENTRAL LEGISLATURE (c) THE LOCAL GOVERNMENTS (d) THE LOCAL LEGISLATURES ~,(e) THE RELATION BETWEEN CENTRE AND PROVINCES 4. INDIAN FINANCE 185 5: DEFENCE • 188 6, ~REIGN AFFAIRS • 192 7. FRONTIER RELATIONS • 195 _8. THE INDIAN SERVICES , • 198 9, THE JUDICIARY AND THE LEGAL SYSTEM • 203 (a) THE JUDICIARY (b) THE LEGAL SYSTEM 10. THE INDIAN STATES • 212 (a) ADIIliNISTRATIVE AND POLITICAL RELATIONS (b) JUDICIAL RELATIONS
' VII. Poi.JTICAL UNREST, THE ?tlnrro-1\loRLEY REFoRMs, AND .THE NEW DELHI 226 1. THE DEVELOPMENT OF POLITICAL UNREST • 226 .V 2. TiiE MINTO-MORLEY REFORMS 228 3, THE DELHI DURBAR • 232 VIII. THE WAR AND CoNSTITUTIONAL REroRM; THE ?tloNTAGU-CHELMSFORD ScHEME •. • 237 1. THE WAR AND POLITICAL UNREST. 237 ,fl. THE JriONTAGU·CHELMSFORD SCHEME • 243 CONTENTS ~-
CKAPTEB PAGB VIII. THE WAR AND CoNSTITUTIONAL REFORM (contd.)
3. THE GOVERNMENT OF INDIA ACT 1919 • • 247 (a) THE PROVINCIAL GOVERNMENTS (b) THE GOVERNMENT OF INDIA (c) MINOR PROVINCES AND BACKWARD TRACTS ' ~d) THE SECRETARY OF STATE IN COUNCIL (e) THE CIVIL SERVICES IN INDIA U> THE INDIAN STATES
IX. THE OPERATION OF THE REFORMS, T1JE REPORT OF THE SmoNCol\ll\IISSION,ANDTHERoUND TABLE CoNFERENCE 274 1. THE OPERATION OF THE REFORMS • .. • 274 V2. THE SIMON COl\ll\IISSION REPORT 288 v8. THE ROUND TABLE CONFERENCE • • 294 (a) THE MOTiVES ANn ASPIRATIONS OF THE PABTIE"'s TO THE CONFERENCE (b) THE FIRST SESSION OF THE CONFERENCE (c) THE SECOND SESSION OF TBE CONFERENCE (d) TBE THIRD SESSION OF THE CONFERENCE' (e) THE REPORT OF THE JOINT SELECT COl\ll\IITTEE lj) THE GOVERNMENT OF INDIA BILL IN PARLIAMENT
- X. FEDERAUSM AND REsPoNsmLE GoVERNMENT UNDER THE GoVERNMENT OF INDIA AcT 1935 819
1. THE SAUENT CHARACTERISTICS OF THE FEDERATION 819 1 2. THE CROWN AND ITS REPRESENTATIVES , 822 8. THE UNITS OF THE FEDERATION .•. 826' 4. DYARCHY IN THE FEDERATION • 831' • 5. THE FEDERAL LEGISLATURE , • 838 6. RESPONSIBLE GOVERNMENT IN THE PROVINCES • 348 i • 7. THE PROVINCIAL LEGISLATURES •. 852 • 8. THE FEDERAL AND PROVINCIAL FRANCHISES • 857 9. THE CHIEF . COMMISSIONERS' PROVINCES , ~ • 360 10. THE DIVISION OF LEGISLATIVE POwE8 , • 861 n. THE RESTRICTIONS ON LEGISLATIVE POWE8 , • 876 12. THE ADMINISTRATIVE RELATIONS BETWEEN THE FEDERATION AND THE UNITS • 888 18. FEDERAL AND PROVINCIAL FINANCIAL RELATIONS , 886 (a) FINANCE (b) ACCOUNT AND AUDIT (c) PROPERTY (d) SUITS BY AND AGAINST THE CROWN xiv A CONSTITUTIONAL HISTORY OF INDIA
OJUPTBB P.t.OB X. FEDERALIS~ AND RESPONSIBLE GoVERNMENT (contd.)
U. THE FEDERAL llAILWAY AUTHORITY • 897 15. DEFENCE • 399 -.16~ EXTERNAL AFFAIRS • 407 1'1. ECCLESIASTI~AL AFFAIRS • 413 18. THE SERVICES OF THE CROWN • 4141 (a) THE RECRUITMENT AND TENURE OF OFFICE OF THE CIVIL SERVICES . (b) THB PUBLIC SERVICE COMMISSIONS (c) THE PROTECTION OF OFFICERS (d) PENSIOJllS . , 19. THE JUDICATURE . • 419 (a) TilE FEDERAL COUBT (b) THE mGH COUBT (c) DISTRICT JUDGES, AND THE SUBORDINATE .JUDICIAL SERVICE ' (d) REVENUE. COuRTS • \,. ~ XI. DoMINioN STATUs; THE PucE oF INDIA IN THE CoMMONWEALTH • 460 1. THE MEANING OF DOMINION STATUS • 460 2. THE POSITION OF INDIA IN THE COMMONWEALTH • 466 XII. THE ACTS OF 1935 IN OPERATION 478 1. RESPONSIBLE GOVERNMENT IN THE PROVINCES • 478 2. THE CENTRAL GOVERNMENT AND LEGISLATURE 493 ../3, THE STATES AND FEDERATION 506 4. RESPONSIBLE GOVERNMENT IN BURMA 514 5. ADEN AS .A. COLONY 518 • 521 TABLE OF CASES • • • INDEX- • • • • • • • ... 023 TABLE OF CASES AbdullaA HOIM11 C1wuxlhury v. Ad Day v. Ki711J (1685), 40 miniatrator-Gmernl of Bengal (1914), Ds Jager v. A.tt.-Gen. for Natal (1907), 178 458 Adt'OelJU-Gmernl v. Ricl&f11011ll ( 1845), 32 Denning v. Secretary of State (1920), 414 Ad~Gmernl of Bengal v. Sur De Sil~-eira v. Texeira. 32 twmoye Dosau (Ranee) (1863), 6, 21, Dhackju Dadaju v. Eu India Co. 147 (1843), 429 Alcock, Ashdown d: Co. v. Chief Reven~ Dillet, In re (1887), 422 Authority of Bombay (1923), 205 Dou v. Secretary of State (1875), 431 All~ Caujma11 v. Govtmme?d of Bom bay (1894), 135 Eam India Co. v. Sandyt1 (1683), 12 Alvaro'• ca&e (1677), 37 Eam India Co. v. Syed Ally (1827), 431 A.meer Khan, In+natterof(1870), 86, 91, Elphinatone v. Bedruchund (1830), 431 178, 429 Empreu v. Kuhub Mahaju'll (1882), A.moltl v. Ki711J Emperor (1914), 422 224 · Att.-0-. v. Ds KeyBet"'B Royal Hotel (1920), 324 Forester v. Secretary of State (1872), 430 Att•• Gen. of Ontario v. Mercer (1883), Freema11 v. Fairlie (1828), 147 324 Audhur Chandra Shaw, Re (1873), 205 Gaektoar Baroda State Railway v. Habib UUah (1933), 225 Bapooju Rughoonath v. Sintoar Kana Ganpat Patay11 v. Collector of Canam (1822), 326 (1875), 326 BarindrtJ Kumar Gllo.e v. Ki711J Gidley v. Lorcl Palmerllton (1822), 430 Em~ (1909), 179 Bedruchund v. Elphin&tone. See Elphin lltone v. Bedruchund Hanuma11 Pruad v. Bhagwati Pruad Btll v. Municipality of Madru (1901), (1902), 421 183,326 Hari Bhanji v. Secreta'71 of State (1882), Bicilramund, Re (1889), 224 430· Bradley T. Arthur, 157 Hayes, Re (1888), 222 BritiBJa Coal Corporatio'll "'· The King He.mhand Dwchand v. A.zam Sakarlal (1935), 464 Chhotamlal (1906), 223, 431 Bugg11 T. King Emperor (1920), 179, 432 Hormwjee v. Cooverbhaee (1856), 178 Buz Alley Gawney, I11 gooti.. of (1782), Hud8on'• Bay Co. v. A.U.-Gen. for 86 Canada (1929), 325 Calvin'• ea.Bt. (1608), 32 Indian Chief, The (1800), 21, 27 Campbtll v. Hall (1774), 32 Chi~ The (1914), 406 Jehangir M. CurBetji T. Secretary of ClergiU v. Murray (1903), 422 State (1902), 430 Colkdor of Maaulipatam v. Cavaly Jivangiri Guru Chamelgiri v. Gajanan l'mcata Narrainapala (1860), 324 Naraya11 Patkar (1926), 422 Colkdor of Sea CUBtom.B v. Panniar Joanna Fernandez v. Ds Silva ( 1817), 38 Cithambaram (1874), 205 John&tone v. Pedlar (1921), 458 Collecior of Thana v. Bha&kar Mahadev Justices of Suprtr~~C Courl, Bombay, (1884), 182 I71 re (1829), 151 COBBijura ea.Bt.. See KaBijurtJ ca&e Karijura (Raja of) ea.Bt., 86 Damcdhar Gordhan v. Deoram Kanji, Keyu v. K'yu (1921), 179, 212 20, 179 Kllambatta v. Khambatta (1935), 212 621 522 A CONSTITUTIONAL HISTORY OF INDIA Kis1•m Chand T. Seaetary of State R. v. Reay (1870}, 183 (1881), 430 R. v. Shaik Boodin (1846}, 429 Radhacharan Mitra's ClUe (1765), 52 Lachmi Narain T. Parlab Singh (1878), Radio Communication in Canada, In re, 20 (1932), 385 Laconia, The (1863), 21 Raghunath Prasad Singh v. Parto.bgaah Lellington'B ClUe (1616), 6 • Deputy Commrs. (1927), 422 Lyon~~ Corpn,. v. E~ India Co. (1836), Raja of Coorg v. East India Co. (1860), 27, 147, 458 431 Raja Salig Ram v. Secretary of State Macbeath v. Haldimand (1786), 430 (1872), 431 Maharajah Madhava Singh v. Secreto.ry Ramchund Ursamul v. Glass (1844), 7.3 of State (1904), 431 Ram Coomar Coondoo v. Chunder Canto ,Manic/cram ChaUopadha v. Meer Con Mookerjee (1876), 147 jeer Ali Khan ( 1782), 86 Rana Ubhee Singh Raja v. Collector of Mata Prasad v. Secretary of State (1930), Broach (1821), 326 430 Baa Bekari Lal v. King Emperor (1934), Mayor of Ly011.8 v. E~ India Co. 422 (1836), 27, 147, 458 Redbridge ClUe (1693-4), 14 Mohinclar Singh v. King Emperor Boas v. H.H. Sir Bhagvat Sinhjee, (1932), 422 (1891), 459 Moore v. Att.-Gen.for Irish Free State Boas v. Secretary of State (1913), 429 (1935}, 465 Salaman v. Secretary of State (1906), 326 · Moro Ragonath'a ClUe (1828), 151 Secretary of State v. Kamachee Boye Mostyn v. Fabrigaa (1774), 351 Sahaba (1859), 431 Muhammad Y'U8'Uf-tul-din v. Queen Secretary of State for India v. Bombay Empress (1897), 222 Landing and Shipping Co. (1868), 32 Secretary of State for India v. Chelikani Nabob of the Carnatic v. East India Co. Rama Rao (1916), 205 (1793), 431 Secretary of State for India v. MaUhu Nadera Begam'a ClUe, 87 rabhai (1889), 326 Nanclakumar'a ClUe (1775), 76, 77 Secretary of State for India in Council v. Moment (1912), 179, 431 Patna ClUe, 87, 89 Sha.zton's case (1674), 37 Peninstilar and Oriental Steam Navi Shivabkajan Durgapraaad v. Secretary gation Co. v. Secretary of State (1861), of State (1904), 429 430 Sirdar Bhagwan Singh v. Secretary of Perozeboye v. Ardaaeer Curaetji (1843}, State (1874), 431 45 .. Skinner v. East India Co. (1667), 12 Phan Tiyok v. Lim Kyin Kauk (1930}, Spooner v. Juddow (1850), 205 212 Statham v. Statham and Gaekwar of Phillips v. Eyre (1870), 351 Baroda (1912), 225, 459 Premshankar Raghunathji v. Govern- Strickland v. Grima (1930), 339 ment of Bombay, 182 Taluka of Kotda Sangani v. State of Prince v. Gagnrm (1882), 422 Gondal (1906), 223 Thorburn's ClUe (1685), 40 Queen v. Burah (1878), 178 Tranafer of Natural Resources to Queen Empress v. Barton (1889), Province of Saskatchewan (1932), 324 205 n.1 Vijaya Ragava v. Secretary of State B. v. Creevey (1813}, 342 (1884), 429 B. v. Edm011.8tone (1870), 205 Woolaaton'a ClUe (1722-3), 17 B. v. Eyre (1868), 351 B. v. Kaatya Rama (1871), 205 Young's ClUe (1670), 9, 35, 36 B. v. Keyn (1876), 205 Young v. B.S. Scotia (1903), 325 INDEX Abdul Ghafur Khan, revolutiona.ry appeals from, 361, 518; subject to leader in Xorth-Weet Frontier Prov- Indian Church Act (1927), 50"2; pro ince. 295, 306 tection of;. 401; Resident's Court at, Abdur-Rahman, Amir of Afghanistan 20! (1881-1901), 193 Aden Protectorate Order, 519 Absence. leave of, of governor-general Adigar exercises jurisdiction at Y.a.d.raa and governors, 101, 173 up to 1654, 47 Accession of states to federation. Adjustment by Order in Council of conditions and form of, 327-30, Government of India Act, 1935, for 506-10 transition to federation, 436, 437; A chin, King of, concedes right of tr-ade. of other Acts, 502, 503 ; of Govern 21,22 ment of Burma Act, 1935, 456; of Account and audit under Act of 1935, other Acts, 502, 503, 518 394, 395 Adlercron. Colonel, commander (1756) Accountant-general, at Calcutta, 60 ; of royal forces at Madras, 30 office of, reorganized by Cornwallis, Administration of· estates, Company's 110 authority as to, 17, 18 Accountants-general, in provinces. 200 Administrators-general and official Accounts branch of public works trnsteee. concurrent Jegislative sub department, 200 ; merged with civil ject, 374 accounts branch of finance depart Administra.tiva relations between ment, 203 federation and units, 383-6, 509, 510 Acquisition and cession of territory by Admiralty, British, defends India from Ea..-t India Company, 20. See aggression. 191, 406; Burma, 516 Sovereignty Admiralty Court, under charters of Acquisition of land by federation 1683 and 1686, in Bombay, 11, 38, through provincial action. 38! 39, 40, 41 ; Madras, 11, 46, 47 ; not Acquisition of property in British operative in Calcutta, 49; set np in India, by native prince. regulation Calcutta under Act of 1773, 73, 74, of, 218 n. 2 ; enforcement of claims 146; applied in Madras, 149; in in respect of such property, 225 Bombay, 150; High Courts given Actionable wrongs. concurrent legis jurisdiction. 20!; may be constituted lative subject 374; committed by prize courts, 406 n. 4 ' servants of Company or Crown, Admiralty jurisdiction. federal subject, liability for, 429, 430. See al8o Torts 367 Acts of governors under Act of 1935, Admiralty Jurisdiction (India) Act, 3;;6 ; of governor-general, 3!7; in 1860,204 Burma, 45-l. See al8o Ordinance Admiralty offences. 73, 74, 204, 205 powers Admiralty Offences (Colonial) Act, Acts of State, not justiciable. 397, 431 18!9, 204 Adam. John. acting governor-general Admission into India, regulation of, ( 1!>23), controls Press, 163 federal subject, 366 Adaptation of Imperial Acts of Parlia Adoption. concurrent Jegislative sub ment to new conditions, 502 ; ject, 37! of Indian Acts, 502. Adoption to throne, principles affect. AdJiscombe, military cvllege at, 128 ing right of, 122, 123; regulated by Addis Ababa, legation guard sent from Canning's sanads, 213; not permitted l.uJia (1935), 401, 496 to override normal succession to Aden. capture of (1839) 159, 197, state of Jammu and Kashmir, 446 government of, 197, 327; under Act Adulteration of foodstuffa, provincial of 11135, 360, 361, 618-20; judicial subject, 253. 372 £23 524 A CONSTITUTIONAL HISTORY OF INDIA Advertisements, provincial taxation Aircraft, air navigation, aerodromes, · of, 259, 373, 390 federal subject, 367; extra-territorial Advisers of secretary of state in Indian powers of legislation over, in India, affairs under Act of 1935, 416, 435, 361; in Burma, 454 501; in regard to Burman affairs, Air defence of Burma, 516 455; number of, during transition Air force, legislative control of, federal, stage, 440 365; not subject to provincial Advisory judgments of federal court, authority, 370 425; of Privy Council and Supreme Air Force Act, British, adaptation of, Court of Canada, 425 502; cannot be varied by Indian Advocate-general, Burma, 453 legislation, 376 Advocate-general, federal, 337; may Air Force Act, 1932, India, 402 speak in either chamber, 338; may Air navigation, position of federation secure removal of case to federal and states as to, 411, 412 court, 426; salary of, not votable, 345 Aislabie, William, governor of Bom Advocate-general, provincial, appoint bay (1708-15), 41 ment of, 166; under Act of 1935, in Aitchison, Sir Charles, committee provinces, 350; power to secure under, on Indianization of services, transfer of case to Federal Court, 201, 202 426; salaries of, not votable, 252, 355 Aix-la-Chapelle, treaty (1748) of, Aerodromes, federal subject, 367 restores Madras, 19 Afghanistan, effect of war (1839-42) in, Ajit Singh, deportation of (1907), 227 on sepoys, 164; relations with, 192, Ajmer-Merwara, chief commissioner's 193; since 1919 independent state, province, 266, 327, 360, 361; repre representatives of Crown in, drawn sented in Council of State, 339; in from Indian service, 408; boundary Federa.l Assembly, 340 • with, 323; second Afghan war Akbar II, Emperor (1806-37), refuses (1879-81), 190; third Afghan war to meet Lord Hastings as equal, 117; (1919), 275 but meets Lord Amherst, 120 Age of Consent Act, 1891, India, 211, Akbar Hydari. Sir, represents Hyder 226 abad at Round Table Conference, Agency functions, of governors for 296 governor-general, under Act of 1909, Alaungpaya, King of Burma, promul 260; between federation and units, gates in 1756 Buddhist code, 212 383-6 Alcoholic liquors, excise on, provincia.l Agents of government of India, at subject, 369, 373, 390 Durban, 412; in Ceylon and Malaya, Aldermen under Madras charter, 1687, 413; of governor-genera.l in Indian 46; under charters of 1726 and 1753 states, 441, 442 43, 45,47 Agra, company's factory at, 22; con Alextpder VI, Pope, Bull (1493) of, trol over attained (1803), 114; con ass1gns India to Portugal, I quered and ceded territories made Alibag, unsuccessful attack on (1722), into province of (1834), renamed 159 North-Western Provinces (1836), Aliens in India, position of, 458; centra.l 139; later United Provinces of Agta subject under Act of 1919, 263; and Oudh, 152 English law, not applicable to, as Agra and Oudh, United Provinces of, regards land holding, 147 n. 1 181. Bee United Provinces Aligarh Muslim University, central Agricultura.l service, 201, 203 subject, 253; now federa.l subject, Agriculture, provincial subject, 253, 366 371 All-India Trade Union Congress, 1927, Ahmad, Sir Sayyid, opposed to political communist movement at, 289 agitation by Muslims, 177; re All Parties' Conference, 1928, draft of pudiates doctrine that Sultan of constitution by, 289 Turkey is Khalif, 239 Allahabad, granted to Emperor, 54; 'Ahmadabad, Company's factory at, transferred in breach of treaty to 22; acquired (1818), liS Oudh, 67; secured from Oudh (1797), 'INDEX 525 112; Sadr Adalat created at (1831), Anglo-Indians, seats in legislatures 145; chartered High Court created reserved for, under Act of 1919, 250; at (1866), 204, 236, 42! under Act of 1935,340, 353,358,487, Allegiance to Crown, English law 88 488; definition of, 358; reservation of to, may not be affected by Indian appointments for, 317, 476; organiza legislatures, 13!, 17!, 376; rules of, tion in politics of, 476; security for 458, 459; due from state rulers, 319, education for, 355 459; not from subjects, 459; except Anglo-Portuguese treaty of 1642, 22; if members of federal legislature. 341; of 165!, 22; of 1661, 9, 22, 23 in case of Berar, 327 Anglo-RUBSia.n treaty (1907), 193, 19!, Alteration of boundaries of provinces, 237,408 n.l 181; of areas of jurisdiction of High Angria.'a fortress, Gheria. captured Courts, 205 . (1756), 159 Alwa.r, state (1803), Maharaja of, re Angul, excluded area of Bihar and moved from office (d. 1937), 446, 510, Orissa. 266 514 n. 1; British coinage introduced Anne, Queen, authorizes amalgamation into, during minority, 449 of Old and New Companies, 15, 16 Amalgamation of royal and company's Annexation of territory, royal preroga forces, desired by Cornwallis, 100,• tive of, limited in operation by Act 105; effected after 1858, 188 of 1935, 325. Su Prerogative Amboyns, massacreofEnglish traders at Annual seasions, of Federal Assembly, ( 1623), results in )OBB of Spice Islands 338; of provincial Assemblies, 352 trade, 3; tardy reparation for, 7 Appeal to Board of Revenue in Ambedkar, Dr., spokesman of depressed revenue caaea, 106 classes, 290, 307 Appeal to High Courts from lower Amendment, of Ca.nadia.n and Austra courts, legislation for, 207, 370 n. I lian constitutions, 322; of constitut Appeal to King in Council by East ions of provinces and states, 438; of India Company on control in com Irish Free State and Union of South mercial issues, 96 Africa constitutions, 178 Appeala from Dominion courts to King Amendment of the Government of in Council, cut off in all casea by India Act, 1935, procedure for, 438, Irish Free State, 465; in criminal 439; of Government of Burma. Act, caaea by Canada. 464, 465 1935,455,456 Appea.la from Indian Courts to King in American rebellion, postpones attack Council, regulated in.1726, 18; from on Hastings, 93 Sadr Diwani Ada.la.ts, 89, 108, 154. Amherst, Lord. governor-general 155; from Supreme Court, Calcutta. ( 182l--8), adds part of Burma. to 74; from Supreme Courts, Madraa Empire, 119; intervenes in Bha.ra.t and Bombay, 154; from High Courts pur, 120; ia received 88 equal by 206, 424; from Federal Court, 422, Akbarii.120 424; power to limit by Indian Act, Amir Khan, expelled from Bera.r (1809), 317, 421; from Burma High Court, 116; recognized as ruler of Tonk, 117 454. from Aden Supreme Court via Amusements, provincial taxation of, Bombay High Court, 518 259, 373, 390 Approval by King of appointments of Anarchic movement in Bengal, 300 high officiala in India, 99, 101; super Anarchical and Revolutionary Crimes seded under Act. of 1935 by appoint Act, 1919, lndis, 239 ment by King of governors, 648 Ancient and historical monuments, Ara.ka.n, acquisition of, 119; adminis federal subject, 366 tration of, 139; represented in Bur Anda.ma.n and Nicobar Islands, chief ma legislature, 515 commissioner's province, 266, 267, Arbitration, concurrent legislative snb · 327, 360; political prisoners at, 498,499 ject, 37 4; against secretary of stata Anglo-Burmans, represented in legis may be claimed by railway com lature of Burms, 453, 515 panies, 399; in case of disputes as to Anglo-Dutch treaty of 165!, 7, 23; of costs of adminiatra.tion of federal 181!, 117 matters by unit, 383 526 A CONSTITUTIONAL HISTORY OF INDIA Arbitration (Protocol and Convention) Asiatic powers, Indian government Act, 1937, 505 advises imperial government on Archaeological sites and remains, matters affecting, 172, 407, 408 federal subject, 366; formerly central Assada Company, 7; merged in . subject, 264 London Company (11157), 8 Archbishop of Canterbury given power Assam, acquired (1826), 119; adminis to ordain for service in India ( 1819), tration of, with Bengal, 180; separ 130; made to exercise general superin ated from Bengal (1874) under chief tendence over Bishop of Calcutta, 136 commissioner, 180, 181; grouped Archbishop of York, given power to with Eastern Bengal (1905),' 181; ordain for service in India (1819), 130 separated (1912) as chief commis Archdeacons, in Indi~, 129, 130. See sionership, 234; receives legislative Church of England council, 235; under Montagu-Chelms Argyll, Duke of, secretary of state for ford reforms, governor's province, India, declines assurance of aid to 247; executive council of, 247; Afghanistan, 192; on appointments ministers of, 249; legislative council for Indians, 199; on extent of author of, 249-59; under Act of 1935, ity of Indian legislature, 176; on governor's province, 327; represented powers of Council of India, 169 in Council of State, 339; in Federal Armagaon, fortified post at, 23; re Assembly, 340; executive govern . moved from, to Madras, 23 ment of, 346---52; legislature of, 352-7, Armenians, claim English law, 147 n.1 486, 488, 489; franchise of, 358--60; Arms, firearms, ammunition, federal legislative powers of, 361-83; rela subject, 367 . tions of, to federation, in administra Army, constitutional control of Parlia tive matters, 383-6; in finance, ment over, as affected by Indian 386--97; responsible government in forces, 99, 100; under Act of 1935, ( 1937), 4 78, 482 336. See Indian Army Assaye, victory (1803) at, forces Bhonsle Army Act, Imperial, adaptation of, 502; raja's cession of Orissa, 114 applies to British Army in India, • Assent to federal Bills, under Act of 403, 495; cannot be varied by Indian 1935, 344 legislation, 134, 174, 376 Assent to provincial Bills, under Act Army Act, Indian, 1911, 188, 403, 495 of 1919, 253; effect of, 254; under Army cadetships, British, consideration Act of 1935, 354, 355; validates to be paid to claims of servants of legislation on concurrent topics, the Crown in India in respect of 362 awards of, 401 Attlee, Major, M.P., proposes rejection Army Commands in Ihdia, 189 of Bill of 1935, 470, 471 Army Corps Commands in India, 190 Attorneys and advocates, admission of, Army Council, and control of Indian in hands of Supreme Court, Calcutta, war operations, 241 73 Army estimates, procedure as to, under Auckland, Lord, governor-general Act of 1858, 174; under Act of 1935, ( 1836--42), annexes Karnul, 121; 336 deposes raja of Satara, 121; persuades Arrest of persons engaged in illicit council to accept his proposals, 158; correspondence with native states or treaty (1837) with King of Oudh European powers, 98 made by, 123; selected over head of Articles, of War, for government of Company, 136 Company's forces, under Act of 1754, Auditor,of home accounts, under Act of 19; power of Indian legislature to 1935, 395, 417, 500; may act for make, given in 1833, 134; under Act Burma, 395 of 1935, 361, 365 Auditor-general of Burma, under Act Arya Samaj, proselytizing efforts of, of 1935, 456 287 • Auditor-general, of federation, 394, Asaf Jah, Nizam-ul-mulk, Subadar of 395, 499-501, may act for provinces, the Deccan, independent de facto 395; duties of, in relation t.o corpora from 1724, 24 n. 2 tion tax, 369 INDEX 527 Aun!rler, Gerald, governor of Bombay Bankot, acquired in 1755, 149, 150 (1670--7), 35, 36 Bannu, settled area of North-West Aurangzib, Emperor (1658-1707), con Frontier Province, 195 quers Golconda (1687) and becomes Bankruptcy and insolvency, con overlord of Madras, 24; defeats current legislation list, 37 4 company's forces, 12, 25; grants Bankruptcy in India, British statute firman for trade in Bengal, 25; is (1828) as to, 130 hostile to Bombay, 31; refuses to Bantam, Company's factory at, 5, 28; make treaty with Company, 26 surrendered (1682), 23 Australia. Su Commonwealth of Banyans, native agents, malpractices Australia of, 64 Authority of Parliament, not subject Baramahal, acquired by Company, to Indian legislation, under Act of 104; administration of, 118 1833, 134; under Act of 1861, 174; Barlow, Sir George H., governor under Act of 1935, 376 general (1805-7), recalled by King, Auxiliary force, functions of Europeans 99; refuses to aid Rajput states, 115 and Anglo-Indians in, 281, 404 Baroda, state (1802, 1805, 1817, 1820), Auxiliary judges, with jurisdiction under Gaekwar, 82, 118; in direct over Europeans and Americans, in relations with Viceroy, 441; claim Madras, 149 for allowance on federation, 450 n. 3; legislative council in, 443; order Ba Maw, Dr., chief minister of Burma, of chivalry in, 447; representation of 514, 515 in Council of State, 339 Backward tracts, special regime for, Barrackpur, outbreak at, in 1824, 157 under Act of 1919, 265, 266. See Barristers and advocates, appoint alao Excluded and partially excluded ments of, as judges, 204, 425 areas Barwell, Richard, member of council, Bahadur Shah II, last Emperor, King of Fort William (1974-79), 71; retires Delhi (1837-58),124,125; proclaimed with enormous fortune improperly by mutineers in 1857, 164 acquired, 76; views on land owner Bahawalpur, state, 442, 446; refusal of ship, 91 Dalhousie to interfere in internal Bashahr, largest Simla hill state, 442 affairs of (1852-3), 123 Bassein, Portuguese court of appeal at, Bahrein, Indian relations with, 197 31 Baji Rao II, Peshwa (1796-1818, died Bassein, treaty (1802) of, with Peshwa, 1851), concludes treaty of Bassein, 113, 114 113, 114 Bastar, state, 442 Baksar, battle of(1764), secures Bengal Beacons, formerly central subject, 264; 53 now federal, 367 Baldwin, Rt. Ron. Stanley, Indian Begams of Oudh, unjust treatment of, policy of, 308 by Hastings, 78, 83, 84 Balfour, Rt. Ron. A. J., Earl, erroneous Benares, acquired by Company from policy of, as regards military member Oudh and Chait Singh, 83; state of Council, 172 n. 2 recreated in 1911, 443 Bafl{labtui, proseeution of editor for Benares Hindu University, central · sedition, 226 subject under Act 'of 1919, 253; now Bangalor, British jurisdiction over federal subject, 366 cantonment at, 222 n.4, 331; pro Bencoolen in Sumatra, occupied in posed rendition of, to Mysore, 330 1686, 23; surrendered in 1824, 23 Bank of England, creation of, serves as Benefit of clergy, allowed in India, 47 model for English Company, 15 Benfield, Paul, criminal activities of, Banking, central subject, 264; now 79,80 federal subject, 368; uniformity of Bengal, acquisition of territory in, 25, law, 507 26, 27; jurisdiction and legislation Bank-notes, special issue of, for use in in during eighteenth century, 49-52; Burma, 457; Reserve Bank controls the Diwani ot', 52-5; dyarchy in, 55-8; issue of, 393 reforms of Warren Hastings, 59-68; 528 A CONSTITUTIONAL HISTORY OF INDIA of the Act of 1773, 68-76; system part of Central Provinces, 349, 358· of internal government, 84-92; su ruling by Lord Reading as to con: premacy over llladras and Bombay, trol of, 296, 446; treated as part of 78-83; under Act of 1784, 96, 97; Central Provinces, 488, 512, 513 under Cornwallis's regime, 105-10; Besant, Mrs. A., starts a Home Rule under Act of 1797, 125, 126; under League, 239 Act of 1853, becomes lieutenant Betting and gambling, provincial sub governorship, 137, 180; administra ject, 255, 372; taxes on, also pro tion np to 1858, 143-7; under Crown vincial, 259, 373, 390 from 1858, 180; partition of, 180, Bhagat Singh, execution of (1931), 305 182, 237; legislature of, 182, 183; Bhavnagar, state (1807), 442; free governor's province under reforms port, 449 n. 3 of 1911-12, 234, 235; executive Bhonsle, raja, defeated by Arthur Wel council of, 231; legislative council of, lesley (1803), 114. Stt Nagpur 231; under Montagu-Chelmsford re Bhopal, state (1818), 117, 118, 441; forms, executive council of, 247; legislative council in, 443; not per ministry of, 249; legislature of, mitted to exercise jurisdiction over 249-59; under Act of 1935, gov- Europeans (1863), 222 n. 1 , ernor's province, 326; represented in Bhuj, cantonment under British juris Council of State. 339; in Federal diction, 222 n. 4 Assembly, · 340; executive govern Bhutan, state (1774), in direct rela ment of, 346--52; legislature of, tions with Viceroy, 441 ·352-7, 486, 487, 488; franchise of, Bihar, diwani over, acquired (1765) 358-60; legislative powers of, 361-83; with Bengal, 52-5; separated with relations of, to federation, in admin Western Bengal from Eastern Ben istrative matters, 383-6; in finance, gal (1905), 181; separated from 386-97; responsible government in Bengal, with Chota Nagpur and (1937}, 478, 480 Orissa. (1912), 234; executive and' Bengal army, 155-7, 188, 189; others legislative councils of, 235; under merged therewith, 189. Bee Indian 1 Montagu-Chelmsford reforms, gov Army ernor's province, 247; executive Bengal Criminal Law, Supplementary council of, 247; ministers of, 249; ·• lExtending) Act, 1934, 433 n. 2 legislative council of, 249-59; under Bengal Regulation XLI of 1793, 126; Act of 1935, governor's province. X of 1804, martial law under, 432; 326; represented in Council of State, m of 1818, detention of revolu 339; in Federal Assembly, 340; tionaries under, 178, 227, 433 executive government of, 346--52; Bengal regulations, 1793-1834. 133; legislature of, 352-7, 486, 488; Cornwallis's doubts as to power to franchise of, 358-60; legislative - make, 107, 125, 126; legal authority powers of, 361-83; relations of, to · for making, as derived from diwani, federa.tion, in administrative ma.tters, 65, 66, 90; regulated by Parliament 383-6; in finance, 386-97; responsible (1781), 90, 91; (1797), 125, 126; government in (1937), 478, 482; merged in general power (1833), 133 separated from Orissa, 502 Bentham, J., influences J. Mill, 131 Bihar states, 223, 442 Bentinck, 'Lord William Cavendish, Bikaner, state (1818), 442; British governor of Madras (1803-7), ap India. coinage in, 449; post office of, proves Munro's ryotwari system, 446 148; governor-general (1828-35), Bill of Rights, 1689, provisions against annexes Coorg (1834), 120; attitude sta.nding a.rmy, 100 of towards states, 120; suppresses Bills of exchange, Act of 1881 on, 210; suttee, 161 federal subject, 367 Derar, W. Hastings' relations with, 67, Bills under Act of 1935, assent to, ~ 83; administration of, transferred by reservation, and disallowance of, 34-!. Hyderabad. 124; jurisdiction of 354; in Burma., 454 Crown in, 222; recognition of Niza.m's Birkenhead, Earl of, Secretary of State sovereignty despite government as for India (1924-8), 286 INDEX 529 Bishop of Bombay, 160; subject to executive council, 247; ministers, Bishon of Calcutta as metropolitan, 249; legislative council, 249-59; 136; iransferred to Church of India, nnder Act of 1935, governor'& pro Burma and Ceylon, 413 vinoe, 326; represented in Council of Bishop of Calcutta, appointed nnder State, 339; in Federal Assembly, Act of 1813, 129; given metropolitan 340; executive government of, 346- status, 136; power to ordain persons 52; legi.slature of, 352-7, 486, 487,- for service in that diocese only, 130; 490; franchise of, 358-60; legi.slative transferred to Church of India, powers of, 361'-83; relations of, in Burma, and Ceylon, 413 administrative matters, to federa Bishop of London, empowered to admit tion, 383-6; in finance, 386-97; to orders for service in India, 130 responsible government in (1937), Bishop of Madras, 160; subject to 478, 482; separated from Sind, 502 Bishop of Calcutta as metropolitan, Bombay Army, 10, 155-7, ISS. 189; 136; transferred to Church of India, merged in Indian army, 189 Burma, and Ceylon, 413 Bombay-Burma Trading Corporation, Board of Control, created first nnder grievances of, against Burmese Act of 1784, 95, 96, 100, 127, 128, government, 195 131, 134, 135, 137, 139, 141, 160; Bombay Chamber of Commerce and abolished nnder Act of 1858, 165 Trades Association, representation Board, or Committee, of Revenue, of, 487 Bengal, as reorganized from 1786, Bombay Fnsiliers, origin of, 10 91, 106, 144, 147; mandamus lies to, Bombay High Court, 203, 204, 236; 205. See also Committee of Revenue nnder Act of, 1935, 424-7; appeal to, Boards, or Councils, of Revenue at from Aden, 518 ' Murshidabad and Patna, 58, 60 Bombay Marine, 159; renamed Indian Board of Revenue, Madras, 148 Marine (1877), 191; now Royal Board of Trade, Bengal, controls (1774) Indian Navy, 404 commercial branch of Company's Bombay Marine Act, 1828, 129 business, reformed by Cornwallia, Bombay Recorder's Court, 126, 150, 105, 106 151 Board of Trade, British, consulted by Bombay regnlations, 1799-1834, 133; Foreign Office on trade accords, 410 legal authority for making 126. 150, Boilers, concurrent legi.slative subject, 151; power lost nnder Act of 1833, 374 133 Bokhara, Russian control of, 192 Bombay Supreme Court, 126, 150, 151; Bolts, William, describes the Zamin superseded by High Court, 203 dari Court of Calcutta, 50; on Bombay University, representation of. execution of Muhammadans, 50 487 Bombay, acquisition of, in territorial Bema 11acantia, fall to Crown, 32{ sovereignty, 9,10, 24; charter of 1726 Boone, Charles, governor of Bombay, organizes municipality at, 18; execu restores judicature in 1716, 41, 42 tive government of, in eighteenth Booty, division of, between Company's century, 28-30; jurisdiction in, 31- and royal forces, 20; charter (1758) 45; legislation in, 39, 43; subordina dealing with cession of territory, 20, tion of, to governor-general and 55 • council of Bengal, 81, 82, 96, 97; Borden, Rt. Hon. Sir Robert, Prime under Act of 1833, 131, 132; with Minister of Canada, 460, 461 • drawal of legislative powers, 13~, Borrowing by provinoes, under Act of 133; administration and jurisdiction 1919, 258; by federation and pro of, 149-51; nnder Crown (1858-1909), vinces, under Act of 1935, 394 executive government of, 180; re Borstal Institutions, provincial sub stored legislature of, 182, 183; under ject, 370 Minto-Morley reforms, executive Bose, S. C., Indian politician, favours council, 232; legislative council, 229, communism, 475 n. I; on use of 230; under Montagu-Chelmsford re Indian troops, 497; promotes youth forms, governor's provinoe, 247; movement, 288 34 530 A CONSTITUTIONAL HISTORY OF INDIA Botanical survey, central subject, 264; British forces, maintenance of, forbids now federal, 366 full responsible government in India, Boundaries of provinces, power to viii., 301, 302, 4 74, 507 alter, 140 · British India, meaning of term, 323; Boundary of Burma, with China, 505, relations of, to states, 506-11 517; with Japan, 517 British Indian currency in states, 449 · Boycott of British goods, as mode of British Nationality and Status of securing reforms, 227, 295 Aliens Acts, 1914-33, 450, 459. Bee Boycotting of public servants penal Allegiance ized. 295 n. 1, 433 British Nationality and Status of Bradlaugh, Charles, M.P., introduces Aliens Regulations (India), 1934, Indian Home Rule Bill, 177 458 n. 2; 1936, 503 n. 1 Brahman, use of, to &SSist courts, 63 British Nationality in the Union, Brahmans, reservation of seate for Naturalization and Status of Aliens non-, in Madras, 250 Act, 1926, Union of South Africa, 466 Brandis, Dr. D., inspector-general of British Peace Delegation at Paris, 461 forests, 200 British possession, defined. 502 Breakdown ofconstitutional machinery, British responsibility for external 312; provisions in case offederal, 347; Indian defence to be distinguished provincial, 356; British Burma, 454 from local responsibility for order, Brevet commissions in British Army suggestion of Simon Commission as given to company's officers to enable to, 294 them ,to exercise power over British British shipping, protection for, in troops, 157 '· India, 379; in Burma, 455 British Air Force, 496 British subjects, limited conception of, British Army in India, 188, 189, 403, in Act of 1773, 85, 86. See European 495,496 British subjects British Baluchistan, acquisition of, 196; British subjects, made justiciable chief commissioner's province, 181; (1784) in British Indian courts for under Act of 1935, 327, 360; represen offences in native states, 97; exercise· tation of, in Council of State, 339; in of jurisdiction over, 99,204,205,221, Federal Assembly, 340 222; subject to Indian legislation British Burma, meaning of, 452. Bee while in states, 175, 361; alone nor Burma mally eligible for service in India, British Columbia, unfair treatment of 416; in Burma, 455; subject to extra Indians in, 238 territorial legislation of Indian fed British commercial community, favour eral legislature, if of Indian domicile, federation, 297, 298 361, 376; of Burman legislature if British commercial interests, necessity domiciled in Burma, 454 of avoiding descrimination against, Broach, London Company's factory at, 303, 304, 309, 314, 315; provisions 22; East India Company's acquisition for, 378-81; in Burma, 455; special of, 114 responsibilities of governor-general, Broadcasting, control of, under Act of 332, 333; of governors, 349; of 1935, 385 governor of Burma, 453 Brockway, Fenner, on Dominion status British Commonwealth Labour Con for India, 469 i ference, 291 Bryce, Rev. A., libels J. S. Bucking British Common.wealth Merchant Ship ham, 163 ping Agreement, 1931, India and, 365 Buckingham, James Silk, editor of British Commonwealth of Nations. Calcutta Journal, sent home, 163 Dominion ptatus within, 460-6; place Buddhist church in Burma, offer of, to of India in 466-77 co-operate with government rejected British companies; protection for, (1887), 195 against discrimination, in India, 378, Buddhist law, in Burma, 212 395; in Burma, 455; by governor Budget. See Financial Statement general, 332, 333; by governors, 349; Bundelkhand acquired from Peshwa by governor of Burma, 453 (1802), 151; political agent, 441 INDEX 531 Bundi, treaty with (1818), 117 Burmese goods, governor-general to Burdwan, Company receives (1760) prevent discrimination or penaliz&- grant of, 27; division of Bengal, 234; tion of, 332, 333 . status ofinhabitantsof,in1773-80,86 By-laws, temporary, power of President Burgoyne, General John, M.P., on and Council in Madras to make, acquisition of territory in India, 70; 39 n. 2; in Surat, 39, 42 when in Madras, arrested by Macart ney, 81 Cabinet, British relation to Indian Burial and burial grounds. provincial business, 99, 140, 169, 435; persuades subject, 371 Edward VII to permit Indian mem Burke, E., opposes interference with ber of governor-general's council, Company, 70; speech on India. Bill, 231; resignation of ministers on 1783, 94, 95 disapproval of, 165, 241 Burma, Araka.n, and Tenasserim ac Cabinet. system in Indian central quired (1826), 119; Lower Burma government under Act of 1858, 171, acquired (1852), 124; placed under 172; under Act of 1935, 332-5; in a chief commissioner (1862), 181; provinces, 249, 348-51 Upper Burma added (1886), 181; Cachar, acquisition of, 119, 120 made a lieutenant-governorship Caillaud, Colonel John, concludes ( 1897), 181; legislature created for, treaty (1766) with Niza.n, 78 182; increased in size, 229, 230; under Calcutta., acquisition of, 25; charter of Montagu-Chelmsford reforms, govOl" 1726 confers municipal constitution, nor's proVince, 247; executive coun 18; jurisdiction and legislatioh in, cil of, 24 7; ministers of, 249; legis 49-52; treasury removed to, 60; lative council of, 249-59; proposals ceases to be capital of India, 233, for reforms in, 305 n. 3, 308 n. 2; 234. Bee also Bengal . under Act of 1935, unitary govern Calcutta College for servants of Com· ment of, 452; boundary with China, pany, 128, 140 n. 2 505, 517; with Siam, 517; debt to Calcutta High Court, constituted, 203, • India, 494; governor's discretion 204, 236, 343 n. 2; under Act of.l935, ary action and special responsibilities, 424-7 452, 453; legislature of, 453, 454; Calcutta Journal, 163 financial provisions, 454; High Court Calcutta Supreme Court, 73-5, 84-7, of, 454, 502; secretaryofstatefor,518; 146; converted to High Court, 203 services of Crown in, 454, 455; Calcutta University, representation of, states of, 456; sharing of Indian 488 debt with India, 457; relations with Cambay, state (177_1), intervention in, India as to currency, immigration, after disturbances of 1890, 220 n. 2 duties, 457, 517; loss to India on Canada, claims for Dominion status, separation, 388 461, 462, 464, 465, 466; comparison Burma Army 502, 516, 517 of constitution with that of India, Burma Civil Service (Class I), 454 319-22, 325, 361, 362, 363, 364, Burma Frontier Force, 516 368 n. 1, 369 n. 1, 385, 386; provinces Burma Frontier Service, 455 of, have certain powers of constituent Burma Medical Service, 454 change, 438; treatment of Indians in, Burma Military Law, 502 238 Burma Police, 454, 516 Canning; Lord, governor-general (1856- Burma Public Service Commission, 455 62), desires to abo~h his council, Burma Railway Board, 454 171; dislikes criticism in legislature, Burma rebellion (1931), 295, 434 173; places powers of justice in Burma Rifles, 516 collector, 145; reluctant to inter Burma Round Table Conference, 1932, fere with Press, 163; suzerainty of 305 n. 3 Crownover states asserted by, 213,214 BurllUhJapan Agreement, 1937, 517 Cantonments, British jurisdiction in, Burma-Yunnan agreement, April 9th, 222, 331; land for, to be granted by 1935, 410 n. 3, 517 states, 220; with exemption from Burmanization of forces, 517 customs dues, 217 532 A CONSTITUTIONAL HISTORY OF INDIA Capital of India fixed at Delhi (1911), Cfontral Provinces, crested in 1861 a 233-3 chief commissionership, 181; given a Capital aentenceB, to be confirmed by legislative council (1913), 235; under nazim or his delegate (1774), 65. Bu. Montagu-Chelmsford reforms, a gov alBo Pardon • ernor's province, 247; executive Capitation taxes, provincial eubject, council of, 247; ministers of, 249; 373,390 legislative council of, 249-.59; under Capitulations, granted by Sultan of Act of 1935, governor's province, Turkey, 121; vainly aought from 327; represented in Council of State, Indian authoriti611, 22, 26 339; in Federal Assembly, 340; eX& Captain-general, of Company at Surat. cutive government of, ~2; legis etc., 28, 29 · lature of, 352-7, 488; franchise of, Carmichael, Lord, firat governor of, 358--60; legislative powers of, 361-83; Bengal, under Act of 1!H2, recom relationa of, to federation, in ad mend& direct responsibility of gover ministrative matters, 383--3; in nor for 1egielations, 248 finance, 386-9; territory surrendered Carnatic, 24, 67, 79, 80, 81, 93, 103, 112, to Orissa, 502; responsible govern 113, 124 ment in (1937) 478, 482 Carriage of goode by air, convention Central Provinces' judicial commis of 1929 aa to, acceded to by British eioner'a court. 42S India, 412> federal legislative subject, Central subjects, under Act of 1919, 367 263--5; now federal, 365--70 Carriage of passengers and goods, Ceremonial titles, orders, precedence, federal subject, 367 and civil uniforms, central subject Carriage of p&BBengers and goode on under Act of 1919 (not aseigued by inland waterways, concurrent legis Act of 1935), 265 lative subject, 375 Certification of Bills by governor Cartier, John, governor of Bengal from general under Act of 1919, 262; for 1769, 59 protection of Indian princes (1922), Cash contributions, may be remitted 280; to increase salt taxation, 280; by Crown to states, 391, 392 to pus Criminal Law Amendmen$ Caste, reservation of matters affecting, Act, 1935 (Cmd. 5011). 433 in criminal law (1781), abolished by Certification of Bills by governors, Act of 1935, 89; questions affecting, under Act of 1919, 249 referred to experts, 44, 45, 48 Ceases on entry of goode into local areaa Caatlereagh, Lord, on control of provincial subject. 373, 391 directors by Board of Control, 140 Cawnpore, Hindu-Muslim riots (1931), Ceseion of territory, by East India Company, 20; India not permitted 299 Census, oentral subject, 264; now to legislate for, 179, 324, 376; power of Crown aa to, 179, 324 federal subject. 366 Central and provincial relationa from Ceylon, discrimination against Indiana 1858 to 1921, 183--5 in, 476; maintenance of Indian Central agencies and institutions government agent in, 413 • for resea.rch, etc., oentral eubject, Ceylon (State Council Electiona) Order 264 in Council, 1931, 476 n. 4 Central Board of Directors of Reserve Chait Singh. of Bena.res, unjustly Bank, under control of governor treated by Ha.stings, 78, 83, 84 general, 393 Chakdarra, held by regular forces, 196 Central executive in India under Act of Chamber of Prln0611, under Act of 1919, 1858,171-3; under Act ofl935, 331-8, 272, 273, 411, ~;development of. 493--506 512, 513; on federation, 508 Central Indian Agency, 441 Chamberlain, Sir Austen, criticize~~ Central intelligence bureau, federal mode of formation of Council of eubject. 365 State, 316; resigne secretaryship of Central police organization. central state for India over Mesopota.mia.D. enbject, 264 fiaaoo, 241 INDEX 533 Chamberlain, Rt. Hon. Joseph, on Charter of 1823, of Bombay Supreme sta.tus of Indians in Transva.a.l, 237 Court, 150 Chamberla.in, Rt. Hon. Neville, on Charters of 1865, of High Courts, 203 questions on Indian affairs in House Chaukidara, polioe, 147 of Commons, 491-3. . Chauri Chaura, murder In 1922 of Ch&ildernagore, capture of, 159; reforti · police at, 283 fication of, permitted by Company Chelmsford. Lord, governor-general contrary to treaty of Paris, 79 n. 1 (1916-21), 239, 244;' joint author of Chaplains, of Church of England, 129, reform scheme, 247-73 135, 136, 160, 413; of Church of Cheques, bills of exchange, promissory Scotland,l36, 414; in Burma, 455, 503 notes, Act of 1881 regarding, 210; Charges on central revenues under Act federal subject, 367 of 1919, 261, 262; on provincial Chetty, Sir Sha.nmukha.m, Diwan of revenues, 252 Cochin, 511 Charges on federal revenues under Act Chetwode, Sir P., on difficulty of of 1935, 344, 345; on provincial recruiting Indian officers, 402 n. 1 revenues, 355 Chief Commissioner, Ajmer-Merwara, Charities and charitable endowments office held since 1871 by governor and institutions, provincial subject, general's agent, Rajputa.na, 181; 253, 372 under Act of 1935, 327, 360 Charles I, fails to support London Chief Commissioner, Anda.man and Company, 7 ; grants licence to Nicoba.r Islands, office created ( 1872), Courteen's Association, 7 181; retained under Act of 1935, Charles 11, grants charter (1661) to 327,360 London Company, 8, 9; increases its Chief Commissioner, British Baluchi authority (1683), 10, 11, 38, 39; sta.n, office created ( 1887), 181; transfers Bombay to Company by under Act of 1935, 327. 360 charter (1668), 9, 10 Chief Commissioner, Central Provinces, Charleos VI, Emperor, attempts to office created (1861), 181 secure trade with India, 16 Chief Commissioner, Coorg, resident at Charnock, Job (d. 1693), settles at Mysore acts as, 181, 265; office Suta.nati, 49 reta.ined under Act of 1935, 327, 361 Charter ( 1600) to merchants of London Chief Commissioner, Delhi, under Act trading with East Indies, 2-5; com of 1912, 236; under Act of 1935, 327, pared with Massachusetts charter, 56 360 Charter of 1609, 6 Chief Commissioner, Lower Burma Charter of 1661, 8, 9 (1862-86), Burma (1886-97), 181; Charter of 1668, 9, 10 as High Court, 209 Charter of 1676 (not 1677), 10 Chief Commissioner, North-West Fron Charter of 1683, 10, 11, 38, 39 tier Province, created 1901, 181, Charter of 1686, 11, 12 197 n. 1 Charter of 1693 (October 7th), 13 Chief Commissioner, Oudh, 154 Chartervfl693 (November lith), 13,14 Chief Commissioner, Punjab, 154 Charter of 1694 (September 28th), 14 Chief Commissioners, in control of Charter of.t698 (April 13th), 13 defined areas, 139 salaries of, not Charter of 1726 (September 24th), 18, votable under Act of 1919, 252; 19, 44, 45, 48, 49, 51, 62, 134 under Act of 1935, 345 Charter of 1727 (November 17th), 44 Chief Court, Lahore, for Punjab, 206 Charter of 1753 (January 8th), 19, 44, Chief Court, Oudh, 425 45, 48, 49, 61, 52, 134 Chief Court, Rangoon, 206, 209 Charter of 1757, regarding booty, 20 Child. Sir Josiah, influence of, on for Charter of 1758, regarding booty and tunes of London Company, 8, 12, 13, cession of territory, 20, 55 25; proposes to govern India by Charter of 1774, of Supreme Court, martial and civil law and the orders Fort William, 73 of directors, 39, 40; refuses to recom Charter of 1801 of Madras Supreme mend a municipal government for Court, 149 Bombay, 42 534. A CONSTITUTIONAL HISTORY OF INDIA Child, Sir John (4. 1690), captain Civil and Sessions judges, in Bengal, general of the Company, president 144; in Madras, 149 at Sura.t, 28, 37, 38, 41 Civil code, 1855, Punjab, 154 China., trade with, continued a.a mono Civil procedure, formerly central sub poly under charter of 1813, 127; ject, 264; now concurrent legislative disappears under charter of 1833, subject, 374. Bee Code of Civil 131; interests of, in Tibet, 194; opium Procedure convention with, binds states, 450; Civil servants, Company's control of, use of Indian forces in, 406; Indian 4, 5, 17; position of, under W. sympathy with (1937), 497; fixing of Hastings, 91, 92; under Cornwallis, boundary with Burma, 517 109, 110; revision of salaries of, 142; China Trade Act, 1833,·136 under Crown, 198-203; under Mon Chitral, policy of retention of (1895-7), tagn-Chelmsford reforms, 255, 256, 196 270-2; salaries, etc., non-votable, Chittagong, grant of, to Company in 252, 262; under recommendations of 1760, 27; now division of Bengal, 234; Lee Commission, 284. 302; under Act rebellious outbreaks at (1930 and of 1935, 414-19; executive safe 1932), 434; status of inhabitants of guards for, 332, 349 ; in Burma, 454, (1773-80), 86 455; legal control of, 429-31; punish Chittagong hill tracts, special regime ment of offences by, 72, 86, 87, 89. for, 266 Bee alao Indian Civil Service Indiani Choult:'ry Court of Madras, 47, 48, 49 zation Chowghulas, used in judicial proceed Civil Service Commissioners aid India ings in Bombay, 44, 45 Office in selecting officials, 198 Christian British subjects, jurisdiction Civil Service Commissions, in India. of High Courts over, 205, 206 Bee Public Service Commissions Christianity in Iadia, 160, 161 Civil veterinary matters, provincial Christians, army virtually closed to, subject, 253, 371 - 160 n. 1; loss of property on con Claims against Company, in Mayor's version abolished, 160 Court, 72; in Supreme Court, 74; in Church of England, in India., 129, 130, England, 17, 18. Bee alao Snits 135, 136, 160, 413, 414. 502, 503 against the Crown Church of India, Burma, and Ceylon, Cla.vering, General Sir John, member 413, 502, 503 I of council, Fort William (1774-7), Church of Scotland, in India, 136, 413, 71, 76,77 414 Clergy Act, 1819, 130 Churchill, Lord Randolph, view of, as Clive, Robert, later Lord, founder_ of to Council of India., 169 British territorial supremacy in Churchill, Rt. Hon. W. S., declines to India., 20, 27, 29, 30, greed of, for serve on Joint Select Committee on money, 83; secures grant of the Government of India Bill, 309; leads Diwani, 53-5; exemption of Nawab attack on Indian policy of the from control of Nizam, 78; supports government, 308; opposes British dyarchy, 85; suppresses mutiny of subsidy for Indian defence, 407; officers, 56, 57, 157 seeks to limit Indian autonomy Clive, Lord, controlled by Wellesley 492,493 during governorship of Madras, Cinematograph films, control of, pro 142 n. 1 vincial, 255, 372; but exhibition Cochin, state ( 1791, 1809), 442; legis subject to concurrent central, 255; or lative council of, 443; customs duties federal power, 375 "' in, 449; post office of, 448; railways Cironit courts, created by Cornwallis, in, 448; responsible government in, 107, 108. Bee Courts of Circnit 511 Cis-Satlej states under British pro Code of Civil Procedure, 210, 225, 418 tection (1809), 116, 151 Code of Criminal Procedure, 206, 208, City and zillah courts, replace Diwani 210, 224 n. 3, 225, 418 Adalats, in Bengal, 107, 108; in Codification of law, provisions for Bena.res, 145 (1833), 135; (1853), 138, 210 INDEX 535 Coinage of money, at Bombay (1576), Commission under sign manual and 24; Oudh proposes to strike in King's signet, of governor-general, 323, 10; at Calcutta, 27; at Madras, 10, 493; of governors, 348, 484; of name. 67; use of Mogul Emperor's representative of the Crown, for name on Company's issue ceases, relations with states, 493 120; in states, 449; under Act of 1935, Commissioners, in Sind, 151 federal subject, 365; special, for Commissioners. Su Chief Cotnmis Burma, 457 sioners and Judicial Commissioner Coinage offences, Imperial legislation Commissioners, in Burma, function as as to, 129 _ judicial . officers, 209; in regulation Collective responsibility, of federal areas, in North-Western Provinces, ministry, 334; of provincial ministry, 152; in non-regulation areas and 351; difficulties as to, 473, 474 Punjab, 153, 208, 209 Collector, position of, in Bengal, 60, 61, Commissioners of revenue and .circuit, 66, 88, 106, 107, 109, 144; in Bombay, Bengal, 144 150, 151; in Madras, 148, 149; in Commissioners for the Affairs of India, North-Western Provinces, 152, 208 or Board of Control, created (1784), Collector's Cutcherry, at Calcutta, 51, 95, 96; cost of staff and members (if 52 paid) placed on Company, 100; under College, Wellesley's, at Calcutta, 128, Act of 1813, 127, 128; under Act 140 n. 2 of 1833, 134, 135, 160; under Act Colleges. Su Addiscombe, Haileybury of 1853, 137; under Act of 1854, Colonial Courts of Admiralty Act, 1890, 139 204, 364, 406 n. 4 Commissions in Indian Army, King's, Colonial Courts of Admiralty, as prize granted to Indians, 241, 401, courts, 406 n. 4. Su Admiralty 402, 403; Viceroy's, 156, 157, 188, Courts. 403 Colonial Laws Validity Act, 1865, still Commissions in naval, military, and air . applicable to Australia and New forces, grant of, under Act of 1935, Zealand, 376; not to India or Burma, 401, 402, 403 602 . Commissions of officers of Indian Colonization, provincial subject, 371 armies under Company, 157 Colonization Act in Punjab (1907), Committee for Trade and Plantations, causes unrest, 227 Privy Council, recognizes court at Command over royal and Company's Bombay, 37 forces, questions as to, 81, 157; of Committee of Circuit, Bengal (1772), Indian officers over British forces, 60 . 403 Committee of House of Commons, 1812, Commander-in-chief, position of, as on Indian government, 127 member of Bengal Council, 96, 101; Committee of Revenue, Bengal, various as member of Indian Council from form@, of, (1) 1771, 58, 60 n. 1; 1833, 132, 172, 189, 281; under Act (2) 1772, governor-general and coun of 1935, 330, 336, 399, 400 cil, 60, 61, 91; (3) 1773, two members Commanders-in-chief in Madras and of council and three servants of Bombay, as members of council, 96; Company, 61, 62; (4) 1781, four posts of, abolished, 189 servants and diwan, 91; (5) 1786, Commerce represented in legislatures Board under member of council, 91. under Act of 1935, 487-9 Su Board of Revenue Commercial business of Company, Committee of Secrecy of Directors of Warren Hastings' arrangements for, East India Company, 96 66, 67; reorganized by Cornwallis, Committees, i.e. Directors, of London 105, 106; reduced by Act of 1813, Company, 2 127; taken away by Act of 1833, 131 Commonwealth, the, the Company and, Commission of inquiry proposed for 7, 8 certain matters affecting the states, Commonwealth Merchant Shipping 272, 273; refused by ruler of Indore, Agreement, 1931, relation of India 447 to, 365 536 A CONSTITUTIONAL HISTORY OF INDIA· Commonwealth of Australia, federation Contracts (other than contracts relating compared with Indian, 319-22, 325, to agricultural land), concurrent 362, 363, 364, 382, 386; status of, legislative subject, 374; by govern 465, 466; constituent powers of states ments and secretary of state, 395, 396 of, 438 Contribution by India to cost of naval Communal award, August 4th 1932, defence, 406; not by Burma., 516 352, 353; Muslim objeotion to, 499 Contribution by United Kingdom to Communal representation begun in Indian defence expenditure, 406, 407 1909, 229, 237; approved by Congress Contributions from provinces to centre and the Muslim League (1916), 243; under Act of 1919, 256; from states deemed necessary by Montagu in lieu of corporation tax, 389; other Chelmsford report, 245; perpetuated forma of, may be remitted under in 1919, 250, 260, 261; in 1935, 340, federation, 391 353, 358, 485-90; in Burma, 453; to Control. Bee Board of Control be safeguarded, 439 Control of government of Bengal over Communications, in limited degree, Madras and Bombay, provided for provincial subject, 263, 371 in Act of 1773, 71, 72; in practice, Communist propaganda, 289, 475 n. 1 78-82, 94; made effective in 1784, Communities, governor-general bound 96, 97; and extended in 1793, 101; to secure due share of appointments operation of, 142 for, 333; so also governors, 349 Convention on commercial matters Companies, legislative power over, between United Kingdom and India., oentral subject (1919), 264; divided advantages of, recognized, 315, 379, between federation and units, 367, 380; draft of projected, 303 368, 372; taxation of capital of, 369, Convention on the Execution of 390. Bee al80 Corporation tax Foreign Arbitral Awards, accepted Company law, uniformity of, 507 by India., 505 Competition for entry to Company's Conversion to Christianity, abolition of service, proposed (1833), 135; de ruleoflossofpropertyentailed by, 160 layed (1834), 135; principle adopted Cooch Behar, state (1773), 442 (1853), 166; under Crown, 201, Cooke, Humphrey, provisional governor 202; modified under Act of 1935, 501 of Bombay (1665-6), 31 Comptroller and auditor-general, 200, Co-operative societies, provincial sub Bee also Auditor-general ject, 253, 368, 372 Compulsory acquisition of land, pro Cooper's Hill College established in vincial subject, 255, 370; for federal 1871, 200; abolished in 1906, 203 railway authority, 398 Coorg, acquisition of (1834), 120; by Confirmation of Marriages in India war declared against, 215; chief Act, 1818, 130 commissioner of, 265; legislature of, Conservative opposition to federation 266; chief commissioner's province scheme, 299, 300 under Act of 1935, 327, 360; repre . Constituencies under Act of 1935, 486-9 sentative of, in Council of State, 339; Constitution (Amendment No. 27) in Federal Assembly, 340; law affect Act, 1936, I.F.S., 505 ing native Christians of, 211 Constitution and organization of all Coote, Sir Eyre, commander-in-chief, courts save federal court, and fees, 77, 78; serves in Madras, 80 provincial subject, 371 Copyrights, inventions, designs, trade Constitution of Eire 1937, 505 and merchandise marks, central Constitutional chanl:le, power rests with subject, 264; now federal subject, 367; Parliament, 438; minor points may uniformity of law on, 507 be dealt with by Order in Council, Cornwa.llis, Lord, governor-general 438, 439; in Burma, 455, 456. (1786-93 and 1805), attitude of, to Constitutional government in states, Impey, 88; contemplates amalgama slow development of, 443, 444 tion of royal and Company's forces, Consuls, King's, New Company's repre 100, 105; dissatisfied with doubtful sentatives appointed, 26 position as to sovereignty, 102; policy Contract Act, 1872, Indian, 210 of, towards Emperor, 103; Nawab of INDEX 537 Carnatic, 103, 104; Nawab of Oudh, Council of State, under Monta.gu• 103; Nizam of Hyderabe.d and Chelmsford scheme, 261, 262, 263; lllarathas, 104; Tipu Sultan, 104; under Act of 1935, 339, 340; franchise reforms of, in commercial matters, for, 357; president of, 338; League of 105, 106; in judicial and revenue Nations criticized in, 503 matters, 106-9; in overhaul of ad Council secretaries, under Act of 1919, ministration, 109, 110; returns to 249 India to carry out policy of non Councils of Madras and Bombay, intervention, 115; system of, altera abolition of, suggested, 131, 132; tions in, 143, 144, 145; extension of, members of, reduced after 1813, to regulation districts, 152 132 Coronation of George VI, Burma Councils of revenue at Murshidabad represented at, 515 and Patna, 58, 60 Corporation tax, federal subject, 369, Counsellors, of governor-general, 335, 389; contribution from states in lieu, 336; may speak in either chamber, 369 338; salaries of, not votable, 345; of Corporations, in England, required by governor of Burma, 452, 516 English law to have by-laws ex Countervailing e1cise on Indian cotton amined by judges, 75 n. 2 . (1894), 170 Corporations, in some degree federal Court of Admiralty, Supreme Court, subjects, 367; in some matters, Calcutta as, 72. Su Admiralty Court provincial, 372 Court of Committees, of London Com Correspondence, between governors of pany, 2; given power to legislate for Madras and Bombay and India Bombay, 9; qualifications of mem Office direct permitted, 180; not bers of, 13, 14 provided for in Act of 1935, but not Court of Consul-General on Persian excluded, 350 Gulf, appeal thence to Bombay High Corrupt practices and election peti Court, 424 tions under Act of 1935, 491 Court of Cutcherry, at Madras, 49 Cost of defence department not to be Court of Directors of East India Com voted by Indian legislature, 262, 345, pany, 16, 17; under Act of 1773, 71; 399 under Act of 1784, 95, 96; under Act Costs in civil proceedings against of 1853, 137; power of, 136, 137; officers, may be paid from public abolished (1858), 165 funds, 418 Court of Judicature, under charters of Cotton, duties on, central subject, 264; 1683-6, 11, 38-9; of 1698, 17; of countervailing excise on, 170 1726, 18; of 1753, 19; in Bombay, Cotton manufacturers of western India, 1718-28, 44 anti-British policy of, 288 Court of Proprietors, East India Com Council, system of government by pany, under Regulating Act, 1773, president and, 29, 30 71; thwarts will of government, 94; Council of governor-general under Act loses power under Act of 1784, 96; of 1858, 171-3; Indian placed on disappears under Act of 1858, 165 (1909), 231; disappears under Act of Court of Requests, under charters of 1935, 332, 334, 335 1726 and 1753, in Bombay, 44; in Council of India, created in 1858, 165, Calcutta., 51, 75; in Madras, 49, 51 166; relations to secretary of state, Courteen (Courten), Sir William, char· 168-70; altered in 1909, 232; pro ter granted to (1635), 7 posal to abolish in 1919, 267; Courts, other than federal court, con abolished under Act of 1935, 435, stitution and organization of, pro 501; provisional condition of powers vincial subject, 370; jurisdiction and of, during transition, 440 powers of. in respect of provincial Council of India Act, 1907, 232 n. 1 subjects, provincial legislation as to, Council of India (Reduction) Act, 370; in respect of concurrent subjects; 1889, 169 concurrent legislative powers as to, Council of ministers, federal. 332-8; 375; in respect of federal subjects, provincial, 348-51 federal powers as to, 369 · 538 A CONSTITUTIONAL HISTORY OF INDIA Courts (Colonial) .T urisdiction Act, Criminal tribes, concurrent legislative 1874, 204 subject, 255, 375 Courts martial. legislation by Indian Cromer, Lord, on Lord Salisbury's legisla.turea aa to, 134. Bu al8o attitude to subordinates, 169; pro Articles of War, Martial law posal to pla.ce on Council of India, 435 Courts of Circuit, in Bengal. 107, 143, Cromwell, Oliver, grants charter for I«; in Bombay, 151; ill Madras. Indian trade (1657). 7, 8; secures 148 satisfaction for ma.asacre of Amboyna Courts of Sta.tea, relation to federal from Dutch, 7 court, 421, 422, 423, 424, 512; should Crown, appoints auditor-general, 394; be illdependent of e:.;ecutive control, commander-ill-chief. by wa.rT&nt 611 399; governor-general and repreeen Courts of Warda. provincial subject, ta.tive aa rega.rds rela.tions with 372 Indian sta.tea, 323; governors of Covenanted Civil Service, posts re provinces, 348; governor of Bnrma, served for, 198, 199. Bu Indian 452; judges of Federal Court, 420; of Civil Service High Courts, 425 Covenants with servants of Company, Crown, auumption of government of 55 India by, 164--8; re~tation of. Cra.nwell, Royal Air Force, entry of under Act of 1935. 322-&, suggestion Indians to, 281; stopped. 402 n. 1 of taking over authority by, 79; title Creditors. forbidden to exercise juris of. 167; 168. Be~. al8o Diaallo1FB.nce diction over debtors, 65 of Indian Acta, King in Council, Crewe, Marqll81111 of. Committee under, Prerogative on Home Administration of Indian Crown debts, priority of, 326 .A1f&irs (1919), viii, 267, 268; on Cumberla.nd, Earl of, receives cha.rter of Dominion status for India, 471 1600 from Elizabeth, 2 Crimean war, resnlt on Indian feeling. Currency, control of. under Act of 1935, 164 393; a.rra.ngements as regards Bnrma, Criminal causes, appeals to Privy 457 Council in, 422; only by leave of Currency, coinage and legsl tender, Supreme Court under Act of 1773, central subject, 264; now federal 74 subject, 365 Criminal code. 1827, Bombay, 150. Bu Currency, coinage. a.nd monetary Penal Code policy, controlled by governor of Criminal jurisdiction, Bengal. develop Burma. 452 ment of. 64, 65, 90, 106, 107, 108, Currency Commission, 280 109, 206; in Bombay, 150, 151; ill Currency difficulties a.ft.er 1873, 186, Madras. 148, 149; in other areas, 152, 187 153; under Code of Criminal Pro ()urzon, Marquess. governor-general cedure, 206, 207 (1899-1905), approves decla.ration Criminal Jurisdiction Act, 1802, 352 of 1917, 243 n. 2; attitude towards Criminal law, in the maiD subject to Indian princes, 218; controvtm~Y over concurrent legislation, 374; central military member of council, 172, 190; subject under Act of 1919, 264 dropped ai; King'a request, 168; Criminal Law Amendment Act, 1935, encourages bureaucracy, 202; fron 433 tier policy of. 196; as rega.rds Criminal Law (India.) Act, 1828, 130 Afghanistan, 193 n. 1; Tibet, 196; Criminal procedure. central subject, Persian Gulf, 197; orga.niza.tion of 264; now concurrent legislative sub army, 189, 190; partition of Bengal ject, 374, decided on by, 226, 227; punishes Criminal Procedure Code. 1861, 210; attacks on natives, 400; superiority second edition, 210; rules of. 206,207, of attitude to Indiana, 227 n. 2; views 208, 22! n. 3, 225, 418 on Council of India., 170; governor Criminal proceedings against Euro general's council, 17 4; aovereignty peans, need of previous sanction for over states, 446; warned not to take alteration of law as to, 377 military action unsa.nctioned, 405 n. 8 INDEX 539· Customary law, eometimea prevails Death sentences, control of nazim at over Hindu and Muhammadan law, Murshidabad over, 62, 63; delegated 211 to darogo, 65; under Act of 1935, in Customs duties, 186; central subject, provincial courts, powers ofgovernor 264; now federal subject, 369, 390; general, 427; in case of Aden, 519 levied by Indian states, 449; may be Death sentences on European British surrendered for compensation on subjects, limits on courts to impose, accession to federation, 392 134 Cut.ch. state (1809, 1816, 1819), 442; Debt, public, charges for, non-votable jurisdiction in, 223; railway rights under Act of 1919, 252, 262; under of, 440 Act of 1935, 345, 255. Bu Loans Cut.ch Agencv, 442 Debts of nawab of Carnatio, se&ndal of, Cuttack, surrendered by Bhonsle raja, 103, 104 114; zillah judges of, 145; opened to Deccan Agriculturists' Relief Act, 1870, entry of British subjects, 135 208 Deccan States Agency, 441 Declaration of fortunes by officerB, Dacca division of Bengal, 234 required by Act of 1784, 98; repealed D~cea L"niversity representation of, in 1786, 99 488 Declaration of war, by Crown, preroga Daooits, Hastings' measures against, tive right, 324, 405 65; legislation against (184~-51), 147 Defence, a central subject under Act Dalai Lama, relations of, with Dorjieff, of 1919, 263; expenditure on, not 194 votable, 262 Dalhousie, Marquess of, governor Defence as reserved head under Act general (1848--56), 122; annexes of 1935, 309, 399-407; legislative Jaitpur, JhanBi, Nagpur, Sambal power offederation, 365; expenditure pur, and Satara, 122, 123; Lower on, not votable, 345; relations of Burma, 124; Oudh. 123, 124; de governor-general and ministers as to, clines to intervene in Bahawalpur, 336; 337, 399, 401; as responsibility 123; punishes crime of suttee, of governor of Burma, 452, 453; 123; regards international law as obligation of Burma to contribute to applicable to relations with states, cost of naval, 516 123, 126; ee~ures surrender of Berar Defence of India Act, 1915, 239 from Nizam, 124; terminates titles Defence of India (Criminal Law of Nawab of Carnatio and Raja of Amendment) Act, 1915, 406 Tanjore and pension of Peshwa, 124; Debra Dun, courts for,-145 but not of Emperor, 124; approves Delhi, acquired and brought under activity of Legislative Council of British control, 114; transferred to 1853, 173; insists on subordination of Punjab (1858), 152; to direct control military authority, 158; on settle of government as capital of India in ment of Oudh revenue with holderB, 1912, 236; chief commissioner's pro not talukdars, 154 vince, under Act of 1935, 327, 360; Danish missionaries, encouraged, 160 representative of, in Council of State, Darjeeling, obtained in 1835, 139 339; in Federal Assembly, 340 Daroga in charge of police districts, 107 Delhi Durbar, 233-5 Darogo Adalat, presides over Nizamat Delhi Laws Act, 1912, India, 236 Sadr Adalat, 65 Democracy, in states, 510, 511, 512; nse DaB. C. R., reformer, 283; untimely of states to hamper, for India, 507 death (19:!5) of, 286 Denmark, cedes Serampur (1845), 139 Deadlock provisions, under Act of 1!119, Deogaon, treaty (1803) of, with Bhonsle 261; in federation, under Act of 1935, raja, 114 343, 344; in provinces, 354; in Departure from India, of officer with Burma,454 out permission equivalent to resigna Death duties not payable in respect tion, 101; in case of governor-general of pensions derived from certain &nd governors entails losa of office funds, 419 nntil Act of 1924, 173 540 A CONSTITUTIONAL HISTORY OF INDIA Depreeaed cl888es, question of safe Disallowance of Indian Acts, by direc guards of, 290, 307, 358, 380; pro tors under Act of 1833, 135; by tection of, among minorities, 332, Crown under Act of 1861, 174; Act 333, 349 • of 1919, 253, 262; under Act of 1935, Deputy collectoi'B, Bengal. 144 344, 355; of Burma Acts, 454 Deputy commissionei'B, in non-regula Disallowance of provincial Acts in tion areas, 153; in Burma, 209 Canada, 321 Deputy diwans in Bengal. 69, 60 Disallowance of regulations of gover Deputy governor of Bengal, post of, nor-general and council under Act 132,137 n. 2 of 1773, 75; under Act of 1781, 90; Deputy governor . of Company of of governors of Madras and Bombay, Merchants of London, 2, 4, 13, 14, by governor-general. 133 n. 1 Deputy magistrates, in Bengal. 144; Discretion of governor-general. mean in North-Western Provinces, 152 ing of, 332; matters falling within Deputy (naib) diwana. of Bengal and hi&, 335, 336, 360, 397, 398; ordi Bihar, unjust accusations against nances and legislation in, 347; of (1772), 59 governom, 348, 356; of governor of ~ra Ismail Khan, settled area of Burma, 452 North-West Frontier Province, 197 Discrimination against British Indians Derby, Earl of, asks for most-favoured in territories controlled by British nation treatment for British imports Government, 476, 477 into India, 318 Discrimination against British subjects Desai, Bhulabhai, leader of Congress of United Kingdom domicile, for Party in Assembly, 496 bidden by Act of 1935, 332, 349, Detenus, question of release of (1937), 377-81. Bu Safeguards 484, 498, 499 Discrimination on ground of birth, De Valera, E, President of Executive colour, desoent, place of birth, or· Council. Irish Free State, on right religion, forbidden (1833), 135; under of neutrality, 464; asserts in Act of 1858, 167; under Act of 1935, dependence, 505 382 Development of industries, in part Discussion, in legislature of 1853, dis central. now federal subject, 264. 368 liked by Canning and Wood, 173 Development of industries, in part Discussion and interpellation, limita provincial subject, 253; 372 tion on rr-lom of. in legislatures Development of political unrest in under Act of 1935, federal. 342, 343; India (1886-1908), 226-8; later, provinces, 354 237-43,274-87 Discussion of budget, by legislatures, Dewas, states (1818), 118 first allowed by Act of 1892, 177, Dewas (Senior), ruler (d. 1937) relieved extended power under Act of 1909, of administration, 447, 510 231 Dhar, state (1819), 118 Discussion of judicial oonduct forbid Dholpur, state (1779 and 1806), 442; den under Act of 1935, in federal Maharajah of, 608 legislature, 343; in provincial legis Differential taxation on basis of resi latures, 354 dence, J;lill for, reqnires previous Dispatches, public and &ecret, rules as sanction, 377 to, 96, 165, 166 Differential treatment of Dominion Disqualifications for membership of British subjects. permitted to India, legislatures under Act of 1935, 341, 366 n.1, 407 354,454 Dindigul, acquired by Company, 104; Disraeli, Benjamin, Prime Minister administration of, 148 (1858), India proposals of, 165 Dioceses, in India, 129, 135, 136, 160, District and sessions judges, 206, 208 413 District boards, provincial subject, Directom of East India Company, 16, 371 . 17. Bu C'..ourt of Directors District judges and subordinate Disallowance of Dominion Acts. now judicial service, safeguards for, under obsolete, 465 Act of 1935, 427. 428 INDEX 541 Dividends on East India Company'a Dominions and India, entry and Stock, legal limitation of, 57, 70, 127; residence into India subject to final adjustment of, 131 Indian legislation, 366 n. 1, 459 n. 1; Division of legislative power, between obstacles to permanent connexion centre and provinces under Act of between, 476; relations of, 237, 238, 1919, 253-9, 263--5; between federa 282, 283, 284, 285, 407 tion and units, under Act of 1935, Dorjieff, influences Dalai Lama, 194 361-76 Dost Muhammad, Amir of Afghanistan Division of powers between governor (1842-63), 192 in council and ministers in provinces, Double income tax, prior sanction of under Act of 1919, 25~ governor-general neceBB&ry for intro Divisional commissioners, Punjab, hand duction of Bills varying arrange over judicial business to divisional ments for relief from, 317 judges, 208, 209 Double source of authority in India, Divorce, in India, now based on 53--5, 133, 134 domicile, 179, 180, 212; but with Dramatic performances, control of, power to divorce persons domiciled in provincial subject, 254, 255, 372 England or Scotland, 180; Burma,503 Duab, subjected to Bengal system, 145 Divorce Act, 1869; India, altered in Dual source of authority of Crown in 1926, 180, 212 states, 325 Diwan of the treasury, aids Sadr Dues on passengers and goods on in Adalat, 64 land waterways, provincial subject, Diwani of Bengal, Bihar, and Orissa, 373, 391 granted to Company, 53--5; exercise Dufferin, Marquis of, governor-general of authority by Company's officers, (188H), contemplates election for 59-67 some members of legislature, 177 Diwani Adalats, Bengal, 6!, 66, 87, 106 Duncan, Jonathan, adviser of Com Diwani Sadr Adalat, in Bengal, 64. 65; wallis, 105 Su Sadr Diwani Adala.t Dundas, Henry, later Viscount Mel Diwans, provincial, in Bengal, assist ville, affirms impeachment of Hast collectors, 60; replace collectors in ings, 84; bill suggested by, for 1773, 62; in judicial functions, 66; government of India, 94; decides on replaced by convenanted civilians, 87 permanent settlement of Bengal, Dockyards, construction of, 159 109; responsible for Act of 1793, '100 Domestic slavery in Indian states, Dundas, Robert. See Melville 451 n. 2 Dungarpur, state (1818), crime of suttee Domicile, as basis of divorce jurisdic at, 123 tion, 179, 180, 212; as basis of legis Durand, Sir Mortimer, Afghan mission lative competence with extra-terri to secure boundary accord (1893), torial effect, in respect of India, 361; 193 of Burma, 454; proposal to define Duration, of Council of State, under Burman, 516 Act of 1919, 261; under Act of 1935, Dominion, in India, Parliamentary 338; of Legislative Assembly, 261; of objection to extension of (1784), 97, Federal Assembly, 338; of provincial 111. Su a!.ao Sovereignty councils, 251; of provincial legis Dominion British subjects, eligible for, latures, 352; in case of Burma, 453 I.C.S., 498 Dutch, rivalry with English in East Dominion commissions, Indian com Indies, 2, 3, 7, 22; factories in India, missions for forces to be assimilated 63, 80; recognize British sovereignty, to,403 117; war with (1781), 80 Dominion democracy, not available in Dutch East Indies Company, rivalry Indian conditions, 300 with London Company, 3, 7 Dominion loans, security for, 301, 302 Dutch possessions in India, exchanged Dominion status, meaning of, 460-6; by treaty of 1824, 130 as goal of Indian government, 315, Duties in respect of succession to agri 316,466-77; progress in 1937 towards, cultural land, provincial subject, 373, 604,505, 606; for Burma, 514,615 390 542 A CONSTITUTIONAL HISTORY OF INDIA Duties in respect of succession to 413, 414; charges for, not votable, property other than agricultural 262, 345, 414. Su Church of Eng land, federal subject, 369, 390 land Duties of customs, centra.!, now federal Ecclesiastical jurisdiction of Supreme subject, 264, 369, 390 Court, Calcutta, 73; similarly given to Duties of excise, central subject, 264; Supreme Courts of Ma.drae and now federal and provincial subject, Bombay, 126, 149, 150 369, 373, 390 Eden, William, claims for Britain Duties, etc., India Act, 1814, 129 sovereignty in India (1787), 102 Dyarchy, in government of Beng:~.l Education, English, classical and (1765-72), 54-8 . vernacular, 162; under Act of 1919, Dyarchy, in provinces under Montagu provincial subject, 253; under Act Chelmsford scheme, 245; repudiated of 1935, provincial subject, 371; by Simon Commission, 293, 294; special provisions to secure European but introduced in federal govern and Anglo-Indian, 355 ment (not provinces), under Act of Education departments, 201; rapid 1935, 331-8 lndi!l.nization of 302 Dyer, Brigadier-General R. B., action Edward VII, durbar (January 1st 1903) of, at Jallianwalla Bagh (1919), 275, for proclamation of, 167, 218; entera 276 into direct correspondence with governor-general, 163; yields to Easements Act, 1882, India, 210 Cabinet over issue of appointment East India Act, 1791, 99 of Indian to governor-general's East India Act, 1797, 125, 126 council, 231, 232 East India Act, 1828, 130 Edward VIII. Su Prince of Wales East India. Company, name given in Egypt joins League of Nations, 504 1833, 131; loses part of tra.de rights Eight-unit plan of lndia.niza.tion of (1813), 127; and remainder (1833), army, 281 131 Election petitions, 491 East India Company Act, 1780 (passed Elections. federal, federal subject, 1781, c. 70), 89, 90 368; provincial, provincial subject, East India Company Act,l780 (passed 370 1781, c. 65), 93, 99 Elections. indirectly introduced into East India. Company Act, 1784, 95-9 Indian legislatures under Act of East India Company Act. 1786 (c.16), 1892, 177 99 Elections under Government of India. East India Company Act, 1786 (c. 57), Act, 1935, in 1937, 478 99 Electorate, number of, 261, 307, 357 East India. Company Act. 1788, 100 Electricity, concurrent legislative sub East India. Company Act, 1793, 100, ject, 255, 375 101 Elgin, Lord, Secretary of State for the East India. Comp... ny Act. 1813, 116 Colonies (1905-8), fails to secure In n. 2, 127 • dian interests overseas, 4 77 East India. Company Act, 1820, 129 Elizabeth, Queen, grants charter to East India Company Act, 1834. 135 London Company, 1 East India. Company's Service Act, Ellenborough, Lord, governor-general 1823, 129 of India. (1842-4), annexes Sind, 121; Eastern Bengal and Assam, as a. dis corresponds with Queen, 168; in tinct province (1905-12), 181; structs comma.ndera as to evacua separated, 234, 235 tion of Afghanistan, 158; intervenes Eastern Ka.thiawa.r Agency, 442 in Gwa.lior, 121; recalled by directors, Eastern Rajputana States Agency, 442 136, 140; resigns from British Eastern States Agency, 441 government of 1858, 175; suggests Ecclesiastical affairs, central subject, transfer of imperial title to Crown, 264; now federal legislative subject, 167 365; reserved department of central Elphinstone, Mountstuart, code of regu government under Act of 1935, 335, lations of, 133; desires maintenance INDEX of states, 122; disapproves of free European army, merged in Crown dom of Preas, 163; receives governor forces (1860), 188 ship of Bombay, 141; urges wider European British subjects, answerable employment of Indiana, 135 to provinci&l courts, 108, 128; lia Emergency legislation by federation bility extended, 183; jurisdiction of overriding provincial legislation pro Indian judicial officers over, 207; lempore, 363, 364 limitation of oourta empowered to Emigration and immigration, central, sentence to death, 134; political now federal subject, 264, 366 organization of 476; political out Emperor. Se4 Mogul Emperor look of, 297, 298, 480; position of, in Empire of India, &88Ul'ed by treaty of services, 198, 199, 200, 201, 202; Baasein (1802). 114; fonnally de under Lee Commission, 284; pre clared by Queen Victoria aaauming servation of righta in criminal pro title of Empresa, 167 ceedings, 377; seata in legislatures Employment of Indian forces outside reserved for, under Act of 1919, India, under Act of 1858, 167; under 250, 260, 261; under Act of 1935, Act of 1935, 336, 400, 401, 496, 497 340, 353, 358, 486-9, in Burma, 453; Employer's liability and workmen's defined for these purposes. 358 ) compensation, concurrent legisla European cemeteries, central subject. tive subject. 375 264; now federal subject, 365 Encumbered and attached eat.atea, European education, special provisions provinci&l subject, 372 • regarding, under Act of 1935, 355; Engineering service, recruitment for, central subject under Act of 1919, 200, 203. Se4 al8o Irrigation 253 English, &8 official language in federal European Forces (India) Act. 1860, court, 423; in High Courts, 426; in 188 legislatures, 342, 354; in Burma, 515; European vagrancy, ooneurrent legis encouragement of, by Macaulay, lative subject. 255, 375 162 Europeanizing of civil service under English Company trading to the East Cornwallis, 110 Indies, created in 1698, 15; merged Europeana, non-British subjects, in United Company of .Merchanta of jurisdiction over, 109, 149; source England, 15, 16 of authority over, 13! English law, introduced into Bombay, Evidence, to be adduced on behalf of 32; operation of, denied by Sir Josiah cotton industry, to Joint Select Child, 39, 40; in Supreme Court, 150; Committee, improperly altered, 318 in Calcutta, 32, 72, 77, 85, 86, 146, Evidence Act. 1872, Indian, 210 • 147; in .Madras, 46, 48, 148; extent Evidence and oaths, concurrent legis of application of, 210 lative subject, 374 English law, rule that legislation in Evidence of Indiana, form of, at India should not be repugnant to, Bombay,« 5, 6, 17, 18, 32 Exchange compensation allowance, Entrance of British subjecta into parts granted to civil services, 202 of India, without licence, permitted Excise revenue, 186; under Act of 1919, ( 1833), 135; with licence (1813), 127, central subject. 264; of I935, 369, 128 370,390 Equality of status between India and Excluded and partially excluded areas, Dominions, 282, 283, 407 139, 175; under Act of 1919,265, 266; Escheats of land, to Company in Bom under Act of 1935, 315; governor's bay, 38; now fall to Crown, 324 responsibilities for, 349, 356, 357; Esher Committee on Army in India, non-votable expenditure on, 3!5, n-port (1920) of, 280 355; in Burma, 452, 454, 456 Ethiopia, Indian detachments sent to Executive authority of Government protect British subjects in, 406; Ital of India, 331, 332; of provincial, ian attack on, 496 government, 3!8 E1U1LSians in civil service, 198. Se4 Executive Council of governor Anglo-Indians general, Bengal, under Act of 1773, 54-1. A CONSTITUTIONAL HISTORY OF INDIA '71; under Act of. 1784, 96; under Extradition Act, 1903, Indian, 224; Act of 1833, 132; of India, from Burma, 518 1858, 171--3, 231, 232; under Act of Extradition to and from Indian state._ 1919, 263; under Act of 1935 re 224, 225 plaoed by counsellor~~, 335; and Extra-territorial crime, how far punish council of ministers, 332 ed in England, 9; in India, 202, 205. Executive Council of Bengal, aa Su ~ follntmrtg: presidency (1912), 234, Extr&cterritoria1 opera.tion of federal Executive Council of Bihar and Acta, 361, 376; of Burma Acta, 4,5-J; Orissa (1912), 235 of Indian Acta, 134, 175 Executive Council of Bombay, U1,180 Extr&cterritorial powers of governor Executive CounCil of Madras, Ul, 180 general. under Foreign Jurisdiction Executive Council of United Pro- Act, 1890, exerci800 in states, 223. vince&, refused. 233 224, Executive Councils of provincea under Act of 1919, 24,7; under Act of 1935 Factories, concurrent legislative sub replaoed by Council of Ministers, 348 ject, 225. 375 · Executive government of Burma, by Factories of Company, trial bJ counaellol'll and ministers, under Act governOl'll of. 8 of1935,4,52,4,53· Fa.ctorR, of Company, 29 Executive government of Madras, Faizulla Khan of Rampur, unjue& Bombay, and Calcutta, in eighteenth treatment of, by Warren Hastings, 83 century, 27-30, 56, 57 Fakr-ud-din, heir-apparent to Emperor. Exemption of cotton goods from death (1856) of, 1.24 customs duty (1879); 170 Family customs to be respected under Exemption of governor-general and Act o£1781, 89; rule abolished (1935),. council from jurisdiction of Supreme 89 n.1 Court, Calcutta. 88; applied to Famine in Bengal in 1770, effect of, 58 governol'll and councils of l1adraa Famine insurance fund, contributions and Bombay in relation to Supreme required to, under Act of 1919, 258. Courts, 149, 150 257 Exemption of governor-general and Faridkot, Cis-Satlej state ( 1809 ), 116 governOl'll from BUit in India under Farrukhsiyar, Emperor ( 1713-19), Joha Act of 1935, 351; but not in England, Surman's mission to, 24, 26 351, 352; of governor of Burma, 455 Faujdar of Hugli, Calcutta evades Expenditure on defence, comparative jurisdiction of, 25 figures of. 4,02 · Faujdari Adalata, in Bengal, M, 65; Explosives, central subject, 2M, now criminals committed for trial to, by federal subject, 367 Diwani Adalat jud,aee. 90 Export dutice, central now federal Federal agenciee and institutes fOI' subject, 2M, 369, 390 ·· reaea.reh, for professional or technical Expulsion from India, federal subject, training or for the promotion of . 366 special Btudice, federal anbjed, 366 External alfaira, central subject, 263; FederaL and provincial relations in now federal subject, 309, 363, 4,07- finance under Act of 1935, 386-94 13; special responsibility of governor Federal Assembly, under Act of 1935, of Burma, 4,52; prior sanction requir 338-48; franchise for, 357-00 ed for legislation on, 377; non-votabls Federal Court, under Act of 1935, expenditure on, 34,5; relations of constitution of. 4:."'0, 501; jurisdictioa federation and Dominions not of, 420-2; subject to appeal to Privy included in. 4,07 Council, 422, 423; referencea by Extortion, epecial tribunal to try case& governor-general to, 423 of (never used in practice), 98, 99 Federal government of India, under Extradition, from India, central, now Act of 1935, characteristics ot federal subject, 263, 365 319-22; federal executive, 331-8; Extradition Act, 1870, powel'll given legislature, 338-48; provincial execu to Indian legislature by, 3M tives, 348-52; legislatures, 352--7; INDEX 545 federal and provincial franchises, Fines, granted by Crown (1727) to 357-60; legislative powers, 361-83; Company, 44;. upper chamber may relations as to administrative mat provide for imposition of, 346 ters, 383-6; finanoe, 386-97; rail Firearms, federal subject, 367 ways, 397-9; representatives of the Fiscal convention, permitting inde Crown, 322--6; services of the Crown, pendence in tariff matters w India., 414-19; special federal powers as to 268, 269, 469 defenoe, 399-407; ecclesiastical af Fisheries, provincial subject, 253, 372 fairs, 413, 414; external affairs, Fishing and fisheries beyond territorial 407-13; states and, 326-31, 441-51; waters, federal subject, 366 transition to federation, 440, 441;, Five years' ~nure of high office in units of, 326-31 India, normal period, 71 n. 1; of Federal meteorological organisation~~, members of Federal Railways Tri federal subject, 366 bunal, 391' Federal Railway Authority, 397-9 Fixing of prices by Bombay Court, 37 Federal Railway Tribunal, 397, 398 Flag, of Indian marine, 159; of Royal Fees, partly a federal, partly a. pro- Indian Navy, 405 vincial subject, 370, 373 Flogging to death of Muhammadans Fiji, discrimination by British govern at Calcutta., 50 · ment against Indians in, 477 Forces of East India Company Act, Finance, central and provincial rela 1799, 126 tions in, 1858-1921, 185-7; under Foreign affairs, in 1858-1907, 192-5; Act of 1919, 257-9; under Act of legislatures can legislate for, only 1935, 386-97; in 1937, 494, 495 with prior sa.nction, 174, 251, 262, Finance department, government of 377; discussion of, may be prevented, India, 200, 203 342, 343; interest of Assembly Fina.noe departments, set up in pro in, 503, 504. Bu cd8o External vinces under Act of 1919, 257, 258 affairs Finance minister, in federation, to be Fqreign and political department, consulted on defence estimates, 336 governor-general controls, 174; under Finance ministers, in provinces, to be Act of 1935, 412; follows general prin consulted in certain cases, 351 ciples in dealing with states, 217, Financial adviser of governor of 218 Burma., 453 Foreign Enlistment Act, 1819, 129 Financial adviser of governor-general, Foreign Jurisdiction Act, 1890, appli 333, 334; salary of, and staff, not cation of, in respect of Indian votable, 345 territories, 175, 331, 424; in respect Financial commissioner, Punjab, 154 of Burmese territories, 456 Financial powers and procedure, in Foreign Jurisdiction and Extraditioa federal legislature under Act of 1935, Act, 1879, lndia, 223 344-6; in provincial legislatures, 355; Foreign orders and titles, Crown con in British Burma., 454 trols acceptance and use of, in British Financial powers and procedure of India, 325; in states, 447 · Indian legislature under .Act of 1909, Foreigners Acts, 1864 and 1915, 458. 230; under Act of 1919, 261, 262 BuAlien11 Financial powers and procedure of Forests, provincial subject, under Act legislatures in provinces, under Act of 1919, in Bombay and Burma., 253; of 1909, 230, 231; under Act of 1919, in other provinces, 255; under Act 252, 256-9 of 1935, 372 Financial stability of Burma., responsi Forests department, 200 bility of governor, 453 Forestry service, 200 Financial stability of India, responsi Forgery, death' penalty for, 52 n. 1, bility of governor-general, 303, 332; 76, 77; punishment for, 129 not of governors, 348 Fort St. George, 23. Bu Madras Financial statement to be submitted Fort William (name given 1699). Bu under Act of 1935, by governor Bengal and Calcutta general, 344, 345; by governors, 355 Fort William in Bengal Act, 1786, 99 35 548. A CONSTITUTIONAL HISTORY OF INDIA F~ London Company's right to General, of Company's ships, 6. s~ have, 8, 17; exercised at Annagon, Captain-general 23; nnder East India Company, 18, General Assembly of Church of &ot. 20 land, control of, ovel' chaplains in Fourth. law, member of oouncil of India. 41-i; Committee on Indian governor-general, added by Act of Churches, 4U 1833, 132, 137 General Court of East India Company, Fox, Charlea James, his India Bill, 94, 16, 17. s~ Court of Proprietors 95 General Court of London Company, Franchise, nnder Act of 1919, centre, powers of, 4. 5; in respect of Bom 260; provincial, 250 bay,9 Franchise, federal and provincial, General Society, for Indian trade, India. 357~; in Burma, 4.53 created (169S), 14, 15 Francia, Philip, member of conncil, Geneva Convention Act, 1911 (Im Fart William (1774-80), 71; 76 perial), 505 J'reedomofreligiona belief, in Bombay, Geneva Convention Implementing Act, S4; alll!eried in Bengal, 160; in respect 1937, India, 505 of official tennre. 135; nnder Act of Geological Survey, central subject, 2M; Ul35, 382 now fedel'al subject, 366 .Freedom of speech in legislatures, 342, George I. grants municipal and judicial 354 charter (1726) to East India Com Freedom of the Preas, 162, 163. s~ pany, 18, 19, «. 4.5, 43, 49, 51, 5:!; Pre. charter (1727), 44 Freedom of the anbject. Bu Rnle of George II. grants charter (1753) 19, law 44. 4.5, 48, 49, 51, 52; charter (1757), French. relations of, with Company, 20; charter ( 17 58), 20, 55 24, 63, 104, 117 George III. diamisses Fox and North French territories in India, 412 (1783), 95 Frere, Sir Bartle, on necessity for a George V, Delhi durbar of, 233, 234; legislative conncil, 173, 17 4 proclaimed aa Emperor, 167; direct Frontier Crimea Regulation, of 1901, relations with governor-general, 168 197 George VI. coronation of, 515 Frontier relations, from 1858 to 1905, German missionaries, 160 195-7 Germany,aooordof June 18th 1935 as to Fngitive Offenders Act, 1881, powem naval limitation between British Com given to Indian legislature nnder, monwealth of Nations and, 405, 409 364; in Burma, 518 Ghadr movement among Sikhs, 238 Funds to be anpplied by federation and Ghulam Kadir, Rohilla, blinds Shah t provinces for payments by aecretary Alam (1788), 103 of state and High Com.miasioner, 393 Gilbert, Sir Humphrey, receives grant of Newfoundland, 2 Gaekwad of Baroda. deposition of Gilgit, garrison for, formerly provided (1875), 216; opposition of present by Kashmir, since 1935 in British roler to democracy, 297 control, 196 Gandamak, treaty (1879) with Afghan Gladstone, Rt. Bon. William Ewart, istan of, 193 on nae of Council of India. 169 Gandhi, Mahatma llohandaa Karam Goddard, General William, captures chand, Indian politician, 238, 27!, B&llllein ( 17 88 ), 82 283,291,304,305,306,307,475,480, Godolphin, Lord, aecurea merger (1709) 481,490 of Old and New Compani68, 15, 16 Garhwal, ceded by Nepal (1816) 119 Gokhale, G. K., mo.ierate reformer, Gary, Henry, governor of Bombay 227, 228 (1667), 31 Golconda, kingdom ot: relations ot: Gas and gasworks, provincial anbject, with Madras, 23, 24 255,372 Gold standard adopted, 187 Gayer, Sir John,lieutenant-genera1 and Goldsborough, Sir John, captain governor of Bombay (169:!-1702), 29 general, at Madras (169:!-4), 28 INDEX 54.7 Government insnrance. Jegialative con Governmental accords, may be made trol of, 3G8 by Indian government, 412 Government of Burma Act. 1935, ix, Governor and Company of Merchants 318, 452-7, 503 of London trading into the East Government of India, under Crown Indies. 1-16; merged in United (East from 1858, executive government of, India) Company, 15, 16 173--6; legislature of, 17 5--80; under Governor and council at Calcutta, as llinto-Yorley refol'IIlll, executive ' court of appeal. 51; aa criminal council, 231, 232; legislative council, court, 51, 52 n. 1. s~ Bengal !!:!9, 230, 232; under Montagu Governor and council of Bombay, as Chelmsford reforms, 26{)-.5; under court of appeal, 35, 36, 37; as Act of 1935, executive government, criminal coart, 43; legislative powers 331-41; legislature, 338-48 of, 18, 43, 126; cancelled, 133 ; Government of India Act,1800, 126 Governor and council of Madras. as Government of India Act. 1807, 101 court of appeal, 4 7; aa criminal court n. 3, 126 51; aa legislature, 18, 126; cancelled, Government of India Act. 1833, 16, 133; jurisdiction of, extended to 97 nn. 1, 2, 131--6, 147 British Bllbjecta in adjacent areas Government of India Act, 1853, 132, (1786), 89 139, 235 Governor-general and council of Fort Government of India Act. 185!,139, 236 William, 71, 72; aa Sadr Diwani Government of India Act, 1858, 165-7 Adalat, 90; ceaae to function, 143; Government of India Act. 1865, 238 legislative authority of, 75, 90, 91 . Government of India Act. 1870, 176, Governor-general of India, under 199 Crown, executive council of, 171-3; Government of India Act, 1912, 235, legislative council of, 173-6; under 236 Act of 1919, powers aa to Bllperin Government of India Act (1915), ix, tendence. direction, and control of 351, 405 n. 8, 406, 429, 502 provincial government, 254, 255; Government of India Act. 1919, Indian legislatme, 260-3 247-73, 332, 334; now superseded for Governor-general under Act of 1935, provincea,ix appointed by Commission, March Government of India Act. 1935, ix, 1937, 493; powers aa to assignment of 89 n. 1, 322-440, 480, 502 Bllbjecta of legislation and taxation aa Government of India (Adaptation of between federation and provinces, Acta of Parliament) Order, 1937, 362, 363; breakdown of constitution, 502 347, 348; broadcasting. 385; Chief Government of India (Amendment) Commissioner's provinces, 360, 361; Act, 1933, 251 n. 1 defence. 303, 335, 336, 337, 399-407; Government of India (Audit and discretionary action, 335, 336; eccle-' Accounts) Order, 1936, 499, 500 aiaatical affairs, 335, 413, 414; Government of India (Civil Services) external affairs. 303, 335, 407-13; Act, 1925, 262 n. 1 finance. 333, ~ 392, 394; legis Government of India (Indian Navy) lative pow81'8, &88ent, etc., 344; by Act, 1927, 404 ordinance. 346, 347; by permanent Government of India (Leave of Ab Act. 347, 348; matters in individual sence) Act, 1924, 173 discretion, 332, 333; audit, 500; Government of India (Provincial Elec public 118l'vices, 414-17; railway tioD.Il) (Corrupt Practices and matt81'8, 397--9; relation to states. ElectioDil PetitioDil) Order, 1936, 509, 510; relations with ministers, 491 331~; ~e bank, 393; special Government of India (Reprinting) Act, responsibilities. 332, 333; water 1935, ix, 318 suppliee. 385, 386 Government of India (Scheduled Governor of Bengal. title diseociated ~)Orde~ 1936,487 from governor-general (1854). 140; Government of India (Statatory Com question of legality of appointment' misaioa) Act, 1927, 288 of (1937), 484 · 548 A CONSTITUTIONAL HISTORY OF INDIA Governor of Burma, 452, 453, 516, Habib-ullah. Amir of Afghanistan 517 , ( 1901-19), accession of, 193; rejects Governor of Company of Merchants of Russian treaty of 1907, 193 London,2,4, 13,14 Haidar Ali. Su Hyder Ali Governor of Reserve Bank of India, 393 Haidarabad. See Hyderabad Governor of United Company of Mer Haileybury College, for education of chants of England, 16 candidates for civil service (closed Governors' Act, 1699, still applies to January 31st 1858), 128, 135 governor-general and governors, 351, Haji, S. N., Bill to exclude British 352 shipping from coasting trade, 290 Governors of provinces, nnder Mon Halibut Fisheries Treaty, Pacific, 1923, tagn-Chelmsford reforms, duties of, signed for Canada by Canadian 247-60; nnder Act of 1935, 348-52; delegate only, 462 functions in respect of audit, 500; Hamid. Sir Abdul, on League of of judicial officers, 427, 428 Nations, 503 Governorships of Madras and Bombay, Hamilton, Lord George, favours Conn appointment of non-officials to, 141; ell of India, 169 executive councils of, 141, 180; Ha.rdinge, Sir Henry, Lieut.-Genera.l, legislative councils of, 182, 183. Bu. governor-general (1844--8), crea.tes Governors of provinces Kashmir state, 121; prepares annexa Govindpur, part of Calcutta, 25 tion of Punjab, 121; promises prefer Grand jury, in Bombay, 43, 45, 73; in ence in employment to English Ca.lcutta, 73; in Madras, 45; abol speaking Indians, 162; serveB nnder ished (1865), 207; non-Christians commander-in-chief, 158 admitted to, 130; presents facts Hardinge, Lord, governor-general generally to governor and connell, 45 (1910-16), attempt to assassinate, Grant, Charles, adviser of Cornwallis 237; ignores his connell, 241 n. I; on commercial policy, 105 protests against treatment of Indians Grant, James, adviser of Cornwallis, in South Africa, 236 105, 109 Hariharpur, factory established at, in Grants of expenditure, procedure as to, 1633, 24, 25 nnder Act of 1919, central, 261, 262; Harland. Sir Robert, representative of provincial, 252; nnder Act of 1935, Crown, friction between Madras federal, 345, 346; provincial, 355; in Connell and, 68 Burma, 454 Grey, Sir George, report of, on legal Harris, Lord. governor of Bombay, on aid given to native prince against position in 1830, 133, 134 . re hellion, 220 Grigg, Sir James, on :finanCial situ&· tion in 1937, 494, 495 Hartal, day of fasting, use of, as means Guardians and Wards Act, 1890, India, of pressure on the government, 275, 306 210 Gujarat, English trade in, 22, 26; Hassan, Sir Wazir, 485 n. 2 acquisition and administration of, Hastings, Marquess of (Lord Moira), 150 asserts British sovereignty, 116-19; Gujarat States Agency, 442 plans Maratha campaign, 158; re Gujranwala, martial law applied to signation of, 119; urges maintenance (1919), 432 of state rule, 122 Guntoor, controversy with Nizam over, Hastings, Warren, as governor of 79,80 Bengal (1772-4), 59; his judicial Gwalior, state (1803, 1804, 1805, 1817, reforms, 64-6; his relations with 1844), 118, 120; in direct relations Emperor and Oudh, 67, 68; his with Viceroy, 441; claims of, for revenul' policy, 60-2; as governor pecuniary consideration on federa general (1774-84), conflicts of, with tion, 450 n. 3; misrule in, 514 n.l; collea.gueB, 76-8; external policy of, order of chivalry in, 44 7; post office as regards Bombay, 81, 82; Chait of, 448; representation of, in Council Singh, 83; Faizulla. Khan, 83; of State, 339 Madras, 78-81; Oudh begams, 83; IXDEX relations ...-ith Emperor, 83, S!; in Hindu law, application of. to English ternal policy of. as regards Com difficult. leading t;o virtual exemp pany's services, 91, 92; Supreme tion, 21; at first not administered in Court, M-91; trial of. S!; ..-amings Company's courta under cba.r.ers, by, of danger of unregulated admis 48, 49, 52; bnt in pa.rt in Bombay, 44; sion of Earopearu~ t;o India, L."7 in Zamindari rourta of BengaJ. 52; Ha-.rkins, William, negotiate& with extended by W. H.Mtings, 65, 66; Jahangir,22 muel; be applied in certa.in cases by Haz.ara, eet~ed area of :Xorth-Weet Supreme Court, Ca.lcu.tt&, 89; in Frontier Province, 195 lladras. 14.9; in Bombay, 150; in Heads of five provinces, proposals for Company's court in North-Westenl altemati..-e t;o Montagu-Chel.msford Provinces, 153; in general, 210, 211 echeme, 245, 246 Hindu llahasabha, Con&er'V&tive Hinda Hearthe and ..-indo11"11, taxes on. party, 4.75, 4.95 provincial eubjed, 373 Hindu-Muslim tension, 237, 238, 287, Hebel', Bishop Reginald, favour& em 288, 299, 302, 4,j6; efforts of Congress ployment of Indiau.s. 135 t;o remove. ~ 4.85 Hertzog. General J. B. lL, attitude of. Hindu Wills Act, 1870, 211 t;owards Common..-ealth. 462, 465; Hindus. general electorates provided hostility of. t;o Indians in {;nion of for, 250, 260, 261, 3!0, 353, 358 South Africa, 285 Hiring of Shipe by East India Company High Commissioner for B.lsutooland, Act, 1818, 130 Bechuanaland Protectorate, and Hobart, Lord, governor of Madras. S..-aril.and, separated from governor quarrels with Sir John Shore. 142 general of Cnion of South Africa, 330 Hooa~BombaymarineuuTmb High Commissioner for India, under at (1856). 159 Act of 1919, 25-l, 270; under Act of Holkar. of Indore. relations of. with 1935,437 Company, 114, ll5. ll7 High Commissioners for Dominions, Holland. Sn Dutch 2j0 Hollond, John, represents Madras High Court, .Allahabad, created (1866). government and later Hastings with 2M, 236, 424-7 1\lzam, 80 High Court, Bombay, created, 203. 20i, Hol-.reii. John Zephaniah, collector of 236,424-7 Calcutt&, and judge, 50 High Court, Borma (Rangoon). created Home government of India, under the (1922). 236 n.. 2, 424-7, 502; special Crown, 168-70; under Act of 1919. appeal from, 4.5-l 267-70; under Act of 1935, 4.35-7 High Court, C&lcutta, created, 203, 20i, Home Rule Bill for India, Bradlaugh'e, 236; placed und~ Bengal govllnl 177 ment by Act of 1935, 424-7 Hong Kong, Indian troops at. 4.97 High Court, Lahore. created (1919), Hornby, William, governor of Bombay, 236 n. 1, 424-7 recall voted for, by House of High Court, Madras. created, 203. 20i, Commons (1782). 9! 236,424-7 HOI!pitals and dispensaries, provincial ~h Court, Patna (1916), 236 n.. I. subject, 253, 371 424-7,502 Hospitals connected ...-ith p by Parliament, J.l; privil~ of, in offioors, 169, 207; vieW'II of, on finance against Holl8e of Lords, 3!6. national character of subj~ts of s~ Ho119e8 ofParliam.,.nt, Parliament statee, 4.59 House of Lords, control over Indian lllieit OOI"'"eSpSpOdence with forei.m or government, 437; money bills in. 346; native statee, power of arre&t in refusea executive council to United connexion 'll'ith, 98 Provine.-, 233; viewa of, on Govern Immigration. betlFI'en India and Bur ment of India Bill.l935, 316,317. s~ ma, re-gulation of, 4.57; into India, Houses of Parliament, Parliament federal subject, 366 House of Rep~t&ti.vea, Burma, Impeachment of Warren Hastings. M; composition of, 4.53; power11 of, 4.54, propoeed, of lmpey, S8 51.. 516 Imperial Conference, 1911, 400 Houses of Parliament, under .Act of Imperial Conference, 1921, 282 1919, Acta made by governor-general Imperial Conference, 1923, 282. !62, to be laid before. 262; under Act of 403 1915, govemor-general"a ordinances Imperial Conference, 1926, !62. ~'J in apecial casea and all permanent Imperial Conference, on Dominion Acta to be laid before. 347; proclama legislation and Merchant Shipping. tions in case of breakdo1t11 to be laid 1929, !69 before and approved by, 347, 348; Imperial Conference, 1930, !62 in case of governor, 356; propoaala Imperial Conference, 1937, position of for amendment of constitution to be Burma at, 515 laid before. 438. 439; to carry out Imperial Library, Indian lluseum, details of constitution. 436, 437 Imperial War MOIIeUm. 'Victoria Hugli. settlement effected at, in 1650-1, :Memorial, federal snbjf'cta, 366 25 lmperialllunitiona Board. war eerricea Human sacrifice in Jaintia, 120; in of, 240 Orissa, 162 Imperial preference, Indian govern Hundreds, set up at Bombay, 36 ment and legislature indifferent &a, Hunter, Lord. Committee under, on dis 269,279 turbances in Punjab (1919), 275, 276 Imperial Service troops, of Indian stake Huq, .A. F. Fazlul, chief minister of (now Indian State Fon:es), 190, 191; Bengal. 485 war services of, 240; of Kashmir, gar Hyd&ri, Sir Akbar, 296 rison Gilgit (up to 1935). 196 Hyder Ali (tl. 1782), of llyaore. rel& Imperial War Cabinet, 1917-18. !61; tions with, 68, 78. 82 India represented at, .07 Hydel'llbad. state (1759, 1766, 1768. Imperial War Confe~ce, 1917, !67 1798. 1800, 1853), under Nizam. 78. Imperial War Conference, 1918. .Oi 104. Ill, 112. 113, 11._ 120, 124; lmpe-y, Sir Elijah, judicial murder of direct relations of, with Viceroy, 441; ll;andakumar due W. 77; plued in customs dutiea of, limited, 449; control of provincial court&, 87, 8S; executive cooocil of, 443; legislative ruled Hastings' resi,..'"Ylation ineffec council of, 443; post office of, 449; tive. 77; 11'ithdra1t11 from India, 88 railwaya of, 448; representation of, Implementing of treaties. powers as &a, in Council of State. 339; in Federal 363,365 Assembly, 341; retains claims on Import and export &ero89 eustoma Cro1t11 for protection. 351; formal frontiers, federal subjects, 367 eovereiguty of Berar, 349, 358; but Improvement of stock. provincial sub not exercise thereof, 296, 446; agree ject, 371 ment with, 510, 511. &. alMI Improvement trosts, provincial sub Berar _ ject, 371 Hyderabad contingent, merged in Income tax, on non-agricultnral in ordinary Indian army, 189 come. imposition of, by fedE'l'&tion. under federation, 369, 3S8, 3S9; on llbert, Sir Courtenay, law member of agricultural income, by provinces, 3:3 governor-general's council. Bill to Increaeed ~ of federation and inml&SB powera of Indian judicial provincial autonomy, 387, 358 INDEX 551 lndl"mnification in eertain CllSI"a of Indian Civil Service Family Pensions officers for acta done before federa Rules, 419 tion, 418 Indian Contracts Act, 1872, 210 Indemnity Act, 1919, India, 432 Indian Councils Act, 1861, 171, 235 Indemnity Act, 1920, British. 406 Indian Councils Act, 1869, 175 1ndl"nture tripartite (1702), for merger Indian Councils Act, 1874, 171 of Old and New Companies, 15 Indian Councils Act, 1892, 183 Independence demanded for India, 227, Indian Councils Act, 1904, 171 505. s~ al8o Secession Indian Councils Act, 1909, 229-31 India (Xorth-West) Provinces Act, Indian Divorce Act, 1865, 179, 180, 1835, 132, 136 . 212 India Office staff, 166; salaries charged Indian Empire, Order of (1877), 325; on Indian revenues, 166; assimilated conferred on Indian rulers, 447 to British practice, 435 Indian engineering colleges, 200, 203 India Treaty of Peace Order, 1920, Indian Evidence Act, 18i2, 210 409 n. 2 Indian Extradition Act, 1903, 224 Indian Air Force, 402; ~mbject to Indian federation. Set! Contents, Chap- Indian Air Force Act, XIV of 1932, ters X-XII 402; federal ll"gislative authority Indian (Foreign Jurisdiction) Order in over, 361, 365; strength of. 496 Council, 1902, 223, 224, 331; 1937, Indian and Colonial Divorce Juris 493 diction Act, 1926, 180, 502 Indian hemp, excise on, provincial Indian Army, under Company's regime. subject, 369, 373, 390 beginnings of, at Bombay, 9, 10; at Indian High Courte Act, 1861, 203-6 llladras, 19; later developments, 104, Indian High Courte Act, 1865, 205, 206 · 105; 155-8; under Crown. 166, 167, Indian High Courte Act, 1911, 236 188-90, 399-406; legislative power Indian Law Commission, under Act of of federation over, 361, 365, 377, 1833, 135; work to be completed by 495, 496; position of, when employed commissioners in England, 138 outside India, 496, 497 Indian legislature, as constituted by Indian Army Act, 1911, Indian troops Act of 1833, 132-5; defined in 1937, subject to, 188, 403, 495 502 Indian Army (Amendment) Act, 1934-, Indian Liberal Federation, 475 402,403; 1937,495,496 Indian Limitation Act, 210 Indian Association, founded 1876, 176 Indian Majority Act, 1875, 211 Indian Bishops and Courte Act, 1823, Indian Marine Service Act, 1884, 175, 129, 130 191 Indian British ~mbjects, subject to Indian Medical Council Act, 1933, Indian legislation wherever they are, India, 381 175; now applied undl"r Act of 1935 Indian Medical Service (Civil), organi to subjecta domiciled in India, zation of. 200, 201; under Act of 361 1919, 256; under Act of 1935, 302, Indian Chrirtian Marriage Act, 1872, 381, 414-16, 496 India, 212 Indian Military Academy, Dehra Dun, Indian Christians, reservation of seats 403 in ll"gislaturEe for, under Act of 1919, Indian !iilitary Medical Service, 496 250; under Act of 1935, 340, 353, 358, Indian Military Service Family Pen 487-9; political organization of, 4i6 sions Regulations, 419 Indian Church Act, 1929, 413, 502 Indian Military Widows and Orphans Indian Civil Service, recruitment and Fund, 419 organization of, under Crown, 198, Indian Mutiny Act, 1754, 19; subeo 199, 255, 27~2. 284, 287, 302. quent legislation, 127, 129, 157 41-l-17; eligibility for High Courts, Indian National Congress, founded, 204; under Act of 1935, 425; for 177; session of 1905, 227, 228; of Federal Court, 420; position of. 1906, 227; of 1913, 242; of 1916, 242; under ministers (1937), 483, 501 of 1920, 283; of 1921, 283; of 1928, Indian Civil Senice Act, 1861, 198 289; of 1929, 292; policies of. 281; 552 . A CONSTITUTIONAL HISTORY OF INDIA demands independoooe. 505; OPIK-B Federal Court, 420; &II memben of federation, 506, 507; position of, in Indian Civil Service. 201, 202, 501; 1935, •75, •76; in 1937 aa regarda Lee Commission on, 28! responsible government, •77-85; re Indians, early exercise of jurisdiction preaented in states, «9; supported over, in Bombay, 31-45; in Cakutt&, by commercial interests, !88 .9. 52, 65, 66; in lli.dras, ~ ~ ••7 Indian Naval Arma.ment (amendment) Individual judgtne'tlt, of f!OVI"'nnon!l Act, 1937, 504 under A.c$ of 1935, 34iJ--,'j(); of Indian Naval Discipline Act, 19U., governor-general, 332-4-, 3.57 4-04., 405 Indore, state ( 1805, 1818 ), 118; resi,crn& Indian navy, transferred to Crown, tion of ruler, «7. See Holk&r 191; subsequent vicissitudes of, 191; Indore residency, jurisdiction in, 22! under Act of 1935, 405, 406; ~Nbjed; n.3 to legislative control of federation., Industrial and labour disputes. f'OD 361, 365, 377 enrrent legislative subject, 255, 375 Indian Penal Code. 135 n. 2. s~ Penal Industrialists suppon Congress, 288, Code 290 Indian police. 302, 415. s~ Police Infanticide, suppreseion o~ 162 Indian Presidency Towns Act, 1815, Infanta and minora, concurrent legill 129 lative subject, 374 Indian Preas (Emergency Powera) Act, lnfectioUtl or contagioull diBeaeea or 1931,433 pests, prevention of extension o~ Indian prinoes, legal advice taken br, from one unit to anotha-, concurren$ 292, 293; Indian States Committee legislative subject, 37 5 on position of, 293, .f50; position of Information as to crimes, control of in 1937, 506-ll; protected from communication of. to polire and di8CD88ion., 343, 354. s~ States otha- per90illl by governors, 350; by Indian repreaentation in legislatures, governor of Bnrma, .S3 refused in 1853, 138; but conceded Inheritanoe.lawa of, !10, 211 in 1861, 174; in Burma, .S3 Inland water-ways and traffic thereon, Indian State Forces, 404; offioera may mainly provincial, 371; in part also be trained at Military Academy, 403. federal subject. 375 s~ Imperial Service troops Inns and innkeepers, provincial sub Indian States Committee. 1928--9, ject, 372 293, 4.49 n. 1, .so lnquiriea and statistics, legislation, Indian states peoples, cla.ims o~ 4«. federal, and provincial, according to .Sl subject-matter, 369, 37.! Indian States (Protection) Act, 193!, Inskip, Rt. Ron. Sir Thomas, Attom~y India, .S1 n. 3 General, on Dominion status for Indian States (Protection against Dis India, 471, 472 affection) Act, 1922, 280 lnBOiveocy law o~ 130, 210 Indian SucoeBBion Act, 1865, 210, 211 Insolvent Debtors (East Indies) Act. Indian taxation., not to be levied on 1828, 130 pensions of persona resident outside Instrument of Aooession of state to India, 419 federation, 327-30, 3S3. 392. 507. 508 Indian Territorial Force, 281, 403; 404 Instrument of Instructions to governor Indian territorial waters, extent of, 205 general under Act of 1935, 323, 333. Indian Trusts Act, 1882, 210 334, 337' 363 lndianization of army in India, 281, Instrument of Instructions to gover 309; minister~~ to be consulted as to, nors, under Ace; of 1935, 323. 349, 401; principles affecting, 402, 4{13 350,35, lndianization of civil servicea in India, Instrument of Instructions to governor 198-203, 271, 284, 301 of Burma, 516 Indians, as judges, 51, 52; Comwallia Insurance. eentral ~mbject, 264; now opposed to free use o~ 106, 110; but federal subject, 368 use extended, 144, 148,149,150,152, Insurance corporations, federal subject, 153; in High Courts, 204, 425; in 367 INDEX 553 Interlopers, penalization of, 11, 16, 30, Jaipur, state (1818), 117, 120, 442; 46 n. 2 needs British administrator, 4-16 n. 4 International Labour Conference, In Jalandhar Duab, acquired (1846), 151 dia's position as to treaties under, 411 Jalaun,lapses in 1840, 121 International law, usually not accepted Jallianwalla Bagh, incident of (1919), as governing inter se relations of 275 Indian powers, Ill, 112 n. 1; view to Jamaica, English law introduced in the contrary of Bentinck and Dal. 1662--3 into, 32 housie, 120, 123; rejected after 1858, James I,· charter (1609) of, to Mer 215, 216; arguments from, in courts, chants of London, 6; grants power 147 to execute martial law on land. 7; Interpretation of constitution, author and on sea, 6 ity for, 322; by Federal Court, James II, charter (1686) of, 11; en 419-24; under final control of Privy courages claims by London Company Council, 424; in case of Burma, High to sovereignty in India., 39; grants Court and Privy Council, 454 authority to Company to creste Inter·provincial Council, 386 municipality at Madras (1687), 11, Intervention of courts in legislative 12; martial law in England under, 33 proceedings under Act of 1919, 434 Jammu and Kashmir, state, crested. n. 4; not permitted under Act of 121, 441; legislative council in, 443; 1935, 435 levies own custom duties, 449; Intimidation by pickets, alleged. 295, reforms in, 451 n. 3, 514 n. 1; represen 433 tation in Council of States, 339; Intoxicating liquor and narcotic drugs, resident installed at, 214, 215; tele provincial subject, 372; taxation of, graph system of, 448; succession 373; as regards opium in part federal, controlled by Crown, 446 367; as regards poisons and danger Ja.ora, state crested (1818), 118 ous drugs, concurrent, 374 Japan, commercial agreement of Irish Free State, claims of, as to July 12th 1934 with (modified in Dominion status, 462, 463, 464, 465, 1937), 410; effect of political develop 466; independence of, 505; possesses ment of, on opinion in India., 227; on absolute power of constitutional attitude of Australia and New change, 178, 505 Zealand to United Kingdom, 466; Irregular forces, use of, 157 war on China (1937), 497 Irrigation, provincial subject, 254, 371; Java, early Dutch expeditions to, 2 special responsibilities as to officers Jeffreys, L.C.J., on monopoly of trade, of service, 284, 350; of secretary of 12 state, 416 Jews in India., law affecting, 211 Irwin, Lord, governor.general (1926- Jhabua, state (1821), punishment of 31), discussions of, with Gandhi, ruler of (1865), 216; misrule in, 510 291; on Dominion status for India, Jhanei. state (1818), lapses to Com 468; reaches accord (:r.1arch 1931) pany, 122, 123; included in North with Gandhi, 304; seeks to appease Western Provinces, 151 Hindu.Muslim strife, 288 Jinnah, M.A., 497, 499 Italy, and Turkey, war between, Jirga, tribal, as judicial body in North Muslim apprehensions raised by, 237; West Frontier Province, 197,209 declaration of neutrality in war Jodhpur, state (1818), 115, 442; rail between, 408; attacks Ethiopia., 496; ways of, 448 hostility to Indians there in, 497 Johnstone, Governor George, on lands acquired by conquest, 69 Jahangir, Emperor (1605-29), Haw Joint Committee of Parliament, sug kins' mission to, 22 gested by Sir H. Maine, 170 Jahangir, Sir C., on Indian Army Act, Joint electorates with reservation of. 495 seats, demand for, 289, 485 Jaintia, cession of claims over, by Joint magistrates, Bengal, 144 Burma, 119; annexed, 120 Joint Select Committee on Government Jaintia hill states, 442 of India. Bill, 1919, 246 554 A CONSTITUTIONAL HISTORY OF INDIA Joint Select Committee on Government Judicial Commissioner, Punjab, 154,208 oflndia. Bill, 1935, 308-11, 386, 606 Judicial Commissioner, Sind, 208, 425 Joint sittings of both houses, under Judicial control of the executive, Act of 1919, 262; under Act of 1935, 428-32 of federal legislature, on disputed Judicial independence, first asserted, legislation, 343, 344; on grants, 345; 48; protected by exemption from of provincial legislatures, on legisla criticism by federal legislature, 342; tion, 354; of Burma., 454 by provincial legislatures, 354; by Joint Stock Company, as contrasted security of tenure, 420, 425; desirable with regulated Company, 3; London in states, 611 Company becomes a., 8; legislative Judicial tenure for judges of High power in respect of, under Act of Court, under Act of 1861, at pleasure, 1919, 264; under Act of 1935, 367, 204; under Act of 1935, during good 368, 372 behaviour with age limit for Federal Jones, Sir William, chief justice, Cal Court, 420; for High Courts, 425; for cutta, advises Cornwallis, 105; de Burma., 454 velops case law, 109 Junaga.dh, state (1807), 442 Judge, in one's own case, rule that one Juries in Bombay, 18, 34, 35, 37, 41, should not be, 40 n. 3 43, 73, 74; in Calcutta., 18, 73; in Judge-advocates, appointed, 38, 40, Madras, 18, 45, 46, 47, 149; opened 46 to non-Christians, 130; generally Judges of Federal Court, qualifications under Criminal Procedure Code, 207, of, 420; of High Courts, 425, 426; 208 - salaries of, charged on revenues of Jurisdiction of courts, legislation as to, federation and provinces respec federal and provincial subjects, 369, tively, 345, 355; tenure of, 420, 425 370 Judicial arrangements, prior to Act of Jurisdiction of courts outside own 1935, Bengal, 49-52, 64-6, 143-7, · areas, 426, 427 203-8, 236; Bombay, 31-45, 150, 151, Jurisdiction of Crown in Indian states, 203-8, 236; Burma, 209, 236; Central 221-5; under Act of 1935, 331 Provinces, 308; Madras, 45-9; 148, Justice in Bengal under native rule, 149, 203-8, 236; North-Western 62-4. See Judicial arrangements Provinces, 152, 153, 203-8, 236; Justice party, political character of, 476 Patna for Bihar and Orissa, 236; Justices of the peace, under charters of Punjab,· 154, 208, 236; Sind, 208; 1726 and 1753, 43, 44, 46, 50; under Act of 1935, Federal Court, appointment of, by governor-general 419-24; High Courts, 424-7; Ran and council, Bengal, 101; power goon, 602; subordinate courts, 427, extended to governors and councils 428 of Madras and Bombay, 101; non Judicial authority of London Company, covenanted servants eligible, 130; under charter of 1600, 4, 5; of 1661, powers over European British sub 8, 9; of 1668, 9, 10; of 1683, 11; of jects given to, 128, 207 1686, 11; of united Company (East Jute, export duty on, part payable to India. Company), 17 provinces, 390 Judicial Committee of Privy Council appeal from Indian Courts to, 155. Kabul, German and Turkish mission See Appeals from Indian Courts to at (1915), 239 King in Council; powers of, as regards Kadi, used to assist in deciding cases, removal of judges under Act of 1935, 63, 64, 68, 107, 108. See al&o Ka.zi 420, 425; Indian and Burma judges Kalahandi, state, 442 eligible for, 502 Ka.lat, Khan of, relations of, with India. Judicial Commissioner, Burma, 209; (1854 and 1876), 196; deposition of, Upper Burma, 209 216 Judicial Commissioner, Central Pro Kanungos, hereditary functions of, 16; vinces and Berar, 208, 425 misuse of authority in land matters Judicial Commissioner, North-West by, 91; serve as assessors to Sadr Frontier Province, 425 Adalat, 64 INDEX 555 Karachi Chamber of Commerce, repre King in Council, powers under Act of sentation of, 489 1935, as to adaptation of Naval Dis Karachi District Court, declared a cipline Act, 363; of law under Act of Court of Admiralty, 204 1935, 427; Aden government, 327, Karachi riots (1935), 299 361; appeals to. Su Appeals; appor Karauli, Rajput principality (1817), tionment of debt between India and proposed annexation of, 123 Burma, · 456, 457; commercial dis Karen seats in Burma legislature, 453 crimination provisions, 380; defining 515 territories, 323, 452; disallowance of Karenni, states ofBurma,195, 456,459 Acta, 344, 355; of Burma, 454; Karnul, annexed, 121 excluded and partially excluded Kashgar, Consular Court, appeal from, areas, 319; grants to deficiency to Lahore High Court, 424 n. 2; provinces, 391; income tax arrange selection of British representative at, menta, 388; inter-provincial council, from Indian service, 408 386; proportion of export duties on Kashmir. Su Jammu and Kashmir jute payable to province, 390; pro Kasimba.zar, settlement at, 25 portions of revenue and expenditure Kathiawar, acquisition of intlnence in of Shan states, 456, 457; regulation 1807 over, 118, jurisdiction in states of currency, immigration, and trade of, 222, 431; political agents for 442; with Burma, 453; revision of consti salt duty not paid by states of, tution of India, 438-40; of Burma, 450 n. 1 455, 456; sanctioning proceedings Kaufmann, General, relations of, with against governor-general, etc., in Sher Ali, 192 ' India, 351, 455; service conditions Kazi, used in judicial proceedings in of counsellor!!, 335; of commander Bombay, 45. Su al8o Kadi in-chief, 399; transitional provisions, Keigwin, Captain Richard. rebellion of 436; water supply decisions, 385, 386; (1683-7), 38, 40 procedure affecting such Orders, Kenya, unjust discrimination by securing Parliamentary control, 436, British Government against Indians 437 in, 285, 476, 477 King's Bench, tries offenders in India.. Kesari, revolutionary outlook of, 226 75, 79, 98, 351, 352; can issue man Khairpur, state ( 1832), 442 damus to Company on motion of Khalifa, office of, abolished (1924) by Board of Control, 140 Angora Assembly, 277 Kitchener, Earl, commander-in-chief, Khan Sahib, Dr., forms ministry in India, controversy with Lord Curzon North-West Frontier Province, 483 over military member of council, 172, Kharda (Kardla), defeat of Nizam at 190; reorganizes army, 189, 190 (1795), 111 Kohat, settled area of North-West Khasi hill states, 442 Frontier Province, 197 Kher, B.G., 479 Kolhapur, state, jurisdiction of, 223; Khilafat movement, as factor in agent for Deccan states resident at, Indian nnrest, 239 441 Khurram, Prince, grants permission to Konkan ceded by Peshwa (1817), 118 trade to Sir Thomas Roe, 22 Kora, granted to Emperor, 54; trans Khyber political agency, 195 ferred to Oudh, 67 Khyber Ritlea, 196 Koran, doctrine of, followed in courts, King, title of, assumed by Nawab of 65 Oudh, 119 Kotah, treaty (1817) with, 117 King of Delhi. Su Mogul Emperor Kuch. Su Cooch Behar King in Conncil, under charters of Kumaun, ceded by Nepal (1816), 119; 1726 and 1753, appeal to, by alder brought under Bengal legal system, men if removed, 43; in judicial cases, 145 18, 43; nnder Act of 1773, 74; under Kurram Militia.. 196 Act of 1781, 89, 154, 155 Kurram political agency, 195 King in Council, extent of legislative Kut, ill-treatment of forces captured at, powers in Aden Protectorate, 519 241 158 A CONSTITUTIONAL HISTORY OF INDIA Kutch. Br.e Cutch Law and ordeor, matters afferline;. not Kuwait~ Indian relations with. 197 b'anrlerred undl'l' Ad of 1919 w Kuwait; Old« in Council. 1935, 408 n. 2 ~254,255 Law code enact.ed by Company for Labour oondiQona, ooncurren' legis- Bombay in 1669, 34, 35; out; of use, lative subject. 255, 375 39 Labour Conference conventions, norm I..w Commission, Indian, under Ac& of ally applied w British India only, 505 1833. 135; in London, 138 I..bour constituencies, trade unions, I..w member of goTemor-generafs and local constituenciea w provide council, 132, 137 for, 359, ~7-9; in Burma, 453 I..w officers of Crown, opinion of, ae w Labour Govemmen' of Uni~ King ~torial IIOVenlignty by conquest;, dom, 1929-31, Indian policy of, 290 20,69 Labour Organization, International, I..wrenea, Sir John, Lord, gOVPmor India's position in, Ul, 469, (73; general (18M--9), chief eommissioner, conventions under, 504 Punjab, 154; aaks for intervention in Labour party, supports federation, Bahawalpur (1852-3}, 123; objecta 298, !99; on Bill of 1935, 30.% on to legislative council of Bengal, 182; wider franchise, 31( policy of, ae regards Afghanistan, Laooadive lslanda and llinicoy, ex- 192; reaenta control of council. 171, cluded area, Madras, 266, 356, 357 172; takes council to Simla, 173 LahauJ, excluded area, 266 Lawrence, Major Stringer, in 1748, Lahore. army division, 190 commands Company's forcea, 19 Lahore High Court. crea~ (1919), 236, Laws, Indian, eaa. in which invalid 424--7 for repugnancy, under Ac& of 1833. Lajpa' Ra.i, deportation of (1907}, 227 134; under Ac& of 1861, 17-1, 178,. Lake, General Lord, reduces Sindhia 179; under .Ac& of 1935, 376. 3i7; to peace (1803), 114; takes title and . aa between federation and anita, dress of honour from Emperor, 115, · 361, 362 116 League of Nations, India aa original La.Ikaka, Dr., munlered (1909), 2..."7 member of, 282, 467, 468, ( 73; Lancaster, Captain James, obtains pecuniary cost of membership. 5().1; treaty with Achin. 21, 22 criticized in legislature, 503 Land, matters affecting. provincial League of Nations Assembly, Indian subject. 254, 255, 371 delegation to, (69, 504 Land, relation of government to, in League of Nations Council. India not; Bengal, 91, 109 • e~ w membership of, 503 Land grants, security for holders of, 382 League of Nations Covenant, 461; Landholders, ae&ta for in legislatures, India under, 467 ~7-9 Lee Commission on Services in India Landlord and tenant, relations of, (1924}, 2M provincial subject. 371 Legal, medical, and other professioua, Land revenue. provincial subject, 255, concurrent; legislative eubject, 25.5, 371 375 Lansdowne, Marque88 of, accepts Legal eyatem of India, 210-1.2. s~ eompromise scheme for Member for Law Military Supply, 190 Legal tender, federal subject. 365 I..a Bela, state. ro Legilllation neceasary w implement; Lascars Act, 1823, 130 tr-Mtiea, federal subject, 363, 365, 410 Law, administered in eighteenth cen Legilllative .ABBembly, Indian, under tury to Indiana, M Bombay,«, 45; Ac& of 1919, 260, 261; financial at; Calcutta. 50--2; at; Madras, ~ 49; powers, 261, 262; does not; control by Company's courts, Bengal, 147; executive, 263; subjects of legisla by Supreme Court. Calcutta. 146, tion by, 263-5; under Ac& of 1935, 147; by courts, Bombay, 150, 151; (99, 506. s~ al8o Federal Assembly Madras, 149. See English law, Legislative Assembly, of provinces. Hindu law, Muhallllll&dan law under Ac& of 1935, 352-5. 487-90 . INDEX 557 Legislative Council, Indian, definitely Liberal and Conservative Govern distinguished from executive, under ments, difference of policy as to Act of 1853, 137; under Act of 1861, Chitral, 196 173, 174; under Act of 1892, 177; Liberal party, United Kingdom, wishes under Act of 1909, 229-32. See (1935) direct election for Federal Legislative Assembly, Federal As Assembly, 313 sembly, and Council of State Libraries, museums, etc., provincial Legislative Councils, of governors' subjects, 254, 370 provinces and lieutenant-governors' Licences to traders or missionaries to provinces, under Act of 1861, 182, enter India, required (1813), 128, · 183; changes under Act of 1909, 160; removed (1833), 135 230--2, of governors' provinces under Lieutenant-governor, of Bengal (1854), Act of 1919, 249-59; under Act of 137, 145, 180; of Bihar and Orissa 1935, 352-5, 485-7; of chief com (1912), 235; of Burma (1897), 181; of missioners' provinces, 235 Eastern Bengal and Assam (1905), Legislative powers, granted to Com 181; of North-Western Provinces pany of Merchants of London trad (1836), 132, 181; of Punjab (1859), ing into East Indies, 4, 5; contrasted 137, 181; of United Provinces (1902), with those of Massachusetts Bay 181; of Western Bengal, Bihar, and Company, 5, 6; inrespectofBombay, Orissa (1905), 181 . 9, 34, 35; claims of Sir Josiah Child, Lieutenant-governors of provinces (not 39, 40; of New Company, 17; of provided for in Act of 1935), ap United Company (East India Com pointed by governor-general subject pany) under charter of 1698, 17; of to Crown approval, under Act of 1726, 18, 19 1858, 164; legislative councils of, 182, Legislative powers in India, of gover 183 nor-general and council, Calcutta., Lighthouses and lightships, federal 75; further defined, 101; in respect subject, 367 of provincial affairs, 90, 91; of 'Limitation Act, Indian, 210 governors of Madras and Bombay, Lindsay, Sir John, commissioned as for capitals and provinces, 126; lost Crown envoy to India, 68, 79 (1833), 133. See Legislative Council Linlithgow, Marquess of, Viceroy from Legislative powers of governors and 1936, 481, 506-11 councils of Bombay, Calcutta, and Liquor taxation, Madras, 149; pro Madras, under charters of 1726 and vincial powers, 369, 373, 390 1753, 18, 43 Lloyd, Lord, formerly governor of Legislative powers over protectorates Bombay and High Commissioner in. in case of Aden, 519 Egypt, declines to serve on Joint Legislative powers under Act of 1935 Select Committee on Government of of Burman legislature, 454, 455 India Bill, 309 Lending money to Indians. rules as Lloyd Barrage and Canals Scheme, to, 75, 119 special responsibility of governor Letters of administration, power to of Sind, 349 grant, 37, 44, 73; now regulated by Lloyd George, Rt. Hon. David, on Indian Act, 210, 211 Dominion status, 469 Letters of service, used to authorize Loans of British Government to East royal officers to exercise their rank India Company, 70 while in service of Company, 81; Loans of provinces, new arrangements issued to Hardinge but not used, 158 as to, 494 , Levant Company, interested in Indian Local government, provincial subject, trade, 2; receives charter from Queen 253,371 . Elizabeth, 1 Local government accounts, audit of, Liabilities of governments in India, 200 enforcement of, 396, 397; extent of, Local self-government in cantonment 429-32; in Burma, 455; in Aden, 361 areas (not being cantonment areas Libel of publication of speech in of Indian state troops), federal legislature, 342 11ubject, 365 558 A CONSTITUTIONAL HISTORY OF INDIA London, treaty (1930) of, as to naval Madras, acquisition of territorial limitation, India's position under, authority in, 23, 24; coinage in, 10; 405, 409, 505; conference of 1935-6, municipal government under charter 409; treaty (1936), 504, 505 of 1689, II; of 1726, 18, 19; execu London Company, subject to jurisdic tive government of, in eighteenth tion of courts in Bombay, 34 century, 2S-30; jurisdiction and Lord Lieutenant of Ireland, excep legislature of, 45-9; subordination tional exemption of, from control of to governor-general and council of courts, 351 Bengal, 7S-81; under Act of 1784, Lort-Williams, J., on legality of 96, 97; under Act of 1807, 126; under appointment of governor, 484 Aet of 1833, proposed change of Low, Colonel Sir John, deprecates executive, 131, 132; loss of legislative annexation of Nagpur, 122; on power, 132, 133; administration and position of Karauli, 123 jurisdiction of, 149. 151; under Lower Burma, annexed (1852), 124; (,'rown from 1858, executive council judicial commission for, 209. Bee of, 180; legislature revived in, Burma 182, 183; under Morley-Minto re . Loyalty to Crown as ·condition of forms, 235; executive council of, maintenance of Indian states, 214, 231; legislative council of, 231; under 215, 216; deposition of princes for Montagu-Chelmsford reforms, execu failure in, 216; of King of Delhi, 125 tive council of, 247; ministers of, Lucas, Sir Gervase, governor of 249; legislature of, 249-59; under Bombay until1667, 31, 32 Act of 1935, governor's province, Luck.now, division of army, 190; W. 326; represented in Council of State; Hastings' visit to (1784), 83 339; in Federal Assembly, 340; Lunacy and mental deficiency and executive government of, 346-52; . institutions, concurrent legislative legislature of, 352-7, 486, 487, subject, 375 franchise of; 35S-60; legislative Lyall, Sir Alfred, view of, as to Council powers of, 361-83; relations of, to oflndia, 169 federation, in administrative matters, Lytton, Earl of, governor.general 383-6; in finance, 386-97; respon (1876-80), exempts cotton goods sible government in (1937) 478, 482; from duties, 176; insists on Mghanis territory allocated to Orissa., 502 tan expedition, 193; sets aside Madras and Bombay Armies Act, 1893, appointments for Indians, 199; 189 wishes to establish an Indian Privy Madras army, under company, 19, 155- Council, 219, 232 7; under Crown, 188, 18<}; merged in Lytton, Earl of, on unfairness of Indian Indian Army, 189 contribution to League ·of Nations, Madras High Court, under Act of, 1861, 504 203, 204, 236; under Act of 1935, 424-7 Macartney, Lord, governor of Madras Madras mint, first established, 10 (1780-4), wise policy of, 80, 81 Madras Recorder's Court, 126, 149 Macaulay, Thomas B., Lord, Secretary Madras regulations, 1802-34, 133; to the Board of Trade, defends legal power for making, 126; lost Company, 131; chairman of com under Act of 1833, 133 mittee on civil service, 138; law Madras States Agency, 442 member of Council in India, 135 Madras Supreme Court, 126, 149 MoCardie, Mr. Justice, judgment of, Madras University, representation of, in O'Dwyer v. Nair (O'Dwyer, 487 India 1U I Knew 1t, pp. 350-7), Madura, poligars of, placed under . 276 British control, 104 MacDonald, Rt. Hon. Ramsay, views Magisterial powers, given to judges of of, on Indian government, 291, 305 city and zillah courts, 108 Macpherson, Sir John, member of Magistrates, various classes of, 144~ council, Fort William, 78; mis 145, 148, 150, 152; under Criminal manages Oudh, 103 Procedure Code, 206; protection of ·INDEX 559 position of, under Act of 1935, 427, 1\fanugye Dhammathat, authority on 428 law in Burma, 212 Mahadaji Sindhia, Maratha leader, 82, Marathas, company's relations with, 84; aims at establishing Hindu 82, 104, Ill, ll7, 118; marine control of Empire, 103; refused conflicts with, 159; represented in tribute by Cornwallis, 104 Bombay legislature, 487, 490. See al8o Maharaja of Bikaner, opposes co Bhonsle, Holkar, Sindhia, Peshwa operation of Indi&n states subjects, Marine forces, of Company, 158, 159; 451; takes pe.rt in Round Table under Mutiny Act, 129. See Indian Conference, 296 Nayy Maharaja of Jammu and Kashmir, Maritime and mercantile causes, court deposition of (1889), 215; succession for, under charters of 1683 and 1686, to, in 1925, 446 continued in 1698, II, 17; operation Maharaja of Panna, deposed, 431 of; in Bombay, 46, 47; in Madras, Maharana of Udaipur, required to 38-41; never operative at Calcutta,49 remedy abuses, 446 Maritime shipping and navigation, Mahe, seizure of, by Company, causes central subject, 263; now federal displeasure to Hyder Ali, 80 subject, 367 Mahi Kantha Agency, 442 Markets and fairs, provincial subject, Mahsuds, efforts to control, 276 372 Maine, Sir Henry, member of Council Markham, William, protege of Warren of India, 168; disapproves llbert Hastings, resident at Benares, worth Bill, 169; favours establishment of less testimony of, in favour of his joint committeee of Parliament on patron, llO n. 1 Indian affairs, 170 Marriage and divorce, concurrent Maintenance, law of, in regard to legislative subject, 374 India, 147 n. 1 Marriage treaty (1661) with Portugal, Maiwand, disaster at (1881), leads to 9, 22,23 army changes, 189 Marriages in India, by Scottish clergy, Major ports, central subject, 264; now validated in 1818, 130 federal subject, 317 Martial law, Crown grants power to Majority Act, 1875, Indian, 211 execute on voyages and on land Mal Adalats from 1790 to 1793, 106, (1615, 1623), 6, 7; (1683 and 1686), 107 10, 11; (1698), 18; in Bombay, 31, Malabar, martial law applied to, 277, 32, 33, 34, 35, 37, 38; to be applied 283, 432, 433 generally in India, 39, 40; provision Malacca, becomes British, 23 for, as regards soldiers, made by Malakand, political agency, 195 Mutiny Act, 1754, 19; and other Malcolm, Sir John, settles Malwa, 118; Acts, 126,' 127, 128, 129, 157; use supports wider employment of of, against insurrection, generally Indians, 135 under Statute, 275, 276, 432, 433 Malta, use of Indian forces at (1878), Martial law regulations, in Bombay, 100 31, 32; Oxenden's views as to, 33, 34i Mandamus proceedings in Supn•me provisions of Bombay laws ( 1669) as Court, Calcutta, 73; under legisla to, 35; in force in Punjab (1919), 275, tion of 1877, 205, 434 276; in Malabar (1921), 432, 433 Mandasor, treaty (1818) of, with Holkar, Maskat, Indian relations with, 197; 117 Order in Council for, deals with Maniktollah conspiracy case, 228 subjects of Indian states, 220 Manipur, acquisition of suzerainty Massachusetts Bay charter (1629), 5, 6 over (1762 and 1833), ll9; outbreak Master, Streynsham, governor of at, and punishment of rebels, 215 Madras (1678), 45, 46 • Manor of East Greenwich, Bombay Masulipatam, factory at, 23 held as of the, 9 Mathews, Commodore, at attack on Mansfield, Lord, on law applicable to Alibag, 159 conquered and ceded colonies (1774), Maulana Shaukat Ali, attacks All 32 Parties' Conference scheme, 289 560 A CONSTITUTIONAL HISTORY OF INDIA Maulvis, use of, to assist courts, 64, 65 MeBBages from governor-general and Mayo, Lord, governor-general (1869- governors, to legislatures, under 72), discusses extent of authority of Act of 1935, importance of, 317 legislative council, 176; enters into Meston Committee, contributions from relations with SherAli, 192 provinces laid down by, 278 Mayor's Court at Calcutta, under Metcalfe, Sir Charles, later Lord, asks charters of 1726 and 1753, 1, 18, 51, Ranjit Singh to accept British pro 62; superseded by Supreme Court, 74 tection of Cis-Satlej states, ll6; dis Mayor's Court at Bombay, und<•r approves of interference with the charters of 1726 .and 1763, 18, 19, PreBB, 163; view of, as to native rule, 43, 44, 45; superseded by Recorder's 117, 122; as to intervention at Court, 126 Bharatpur, 120; paBBed over for Mayor's Court at Madras, under governor-generalship, 136 charter of 1687, 46, 47; under charters Meteorology, central, now in part of 1726 and 1753, 18, 48, 49; super federal, subject, 264, 366 seded by Recorder's Court, 126 Metropolitan status of bishop of Mayurabhanj, state, 442 Calcutta., 136 Mechanically propelled vehicles, con Mewasi chiefs, collector of West current legislative subject, 255, 375 Khandesh as court for, 208 Medical Act. 1886, 518 Mhow, cantonment under British Medical practitioners, security for jurisdiction, 222 n. 4; division of right to practise, 380, 381 army at, 190 Medical profession, concurrent legis Midna.pur, Company receives in 1760 lative subject, 255, 375 grant of, 27; st~tu.s of inhabitants of Medicinal and toilet preparations con (1773-80), 86 taining alcohol, provincial subject, Migration, inter-provincial, central 369, 373, 390 subject under Act of 1919, 264 Meerut trial (1929-34), 433 Migration within India from or into a Melville, Robert Dundas, second Vis governor's or chief commiSBioner's count, on admission to India (1811), province, 369. Su alao Movements 127 in India Member of governor-general's council Military ca.detships, in Company's for commerce and industry (1904), service, 156; under Crown govern 171 ment, 166 Members of East India Company, 16; Military commissions. Su Commis voting power revised (1773), 71; lose sions power over directors (1784), 96 Military forces of Company, authority Membership of Company of Merchants to raise in 1661, 8; in 1668, 10, 11; of London trading into East Indies, continued to United Company (1698), 4; as modified by Charles II, 8; by 17, control of, 31, 32, 33, 34, 35, 37, William III, 14 38, 39; Mutiny Act, 19, 157; em Membership of legislatures under Act ployment of, subject of constitu of 1935, 341, 354; salaries attached tional difficulties, 100; provision to, 342, 354; of Burma., 453 for raising and control in Engla.nd, Merchandise marks, federal subject, 126, 127; use of, in India, 155-8; 367 transferred to Crown (1858), 166, Merchant Shipping Act, 1894, adapta 167. Su Indian Army; under Act tion of, 502; Indian courts hav«: power of 1935, federal subject, 361, 365; not to punish offences under, 205; Indian subject to provincial legislation, 370 legislatures have powers under, 364 Military member of governor-general's Merv, occupied by Russia. (1884), 192 council, controversy over, 172, 173, Mesopotamia., fiasco in, due to undue 190 concentration of authority, 173, 240, Military officers, detached for civil 241 work, 156 Mesopotamian Royal Commission, con Military Supply Member, governor demns excessive use of private general's council, useless post of, correspondence, 170 n. 1 190 INDEX 561 1\findon, King of Upper Burma (1853- Mirza Ismail, Sir, represents Mysore at 78), relations of, with India, 194, 195 Round Table Conference, 296 Minerals, Crown rights over, 324, 326; Missionaries, enterprise of, 160; licences development of, a provincial subject, · to enter India required (1813), 128; 255, 372 requirement waived (1833), 135 1\finicoy, exempted area, 266 Mitra, Sir B. N., on position of states, Mining settlement authorities, pro 508 vincial subject, 371 Mody, H. P., on Dominion status for Minister of finance, federal, 336; pro India, 472 vincial, 350, 351 Mogul Emperor (King of Delhi), makes Ministers, under Act of 1919, 247, 249; grants, of trading rights in respect under Act of 1935, in federation, of Surat, 22; Madras, 24; Calcutta, 332-8; in provinces, 348-52, 480-3; 25; of diwani of Bengal, Bihar, and in Burma, 452; salaries of, not 9risea, 53-5; of Clive's jagir, 27; votable, 345, 355 relations of, with .Warren Hastings, Minor railways, partially under federal 67, 83, 84; Cornwallis, 102, 103; control, 367; in the main provincial, Shore, 115; Wellesley, 115, 116; Lord 371 Hastings, 117; Amherst, 120; Dal-. Minorities, question of protection of, housie, 124, 125; sovereignty of, 111, under Act of 1935, 303; special 113, 115; passes to Crown, 212, responsibility of governor-general 213 for, 332, 333; of governors, 349; of Mohan Prasad, accuses Nandakumar governor of Burma, 453; must be (1775), 76 consulted if amendments of con Monetary system, regulation of, as stitution are proposed, 439 concerns India and Burma, 393, 457 Minto, Earl of, governor-general (1807- Moneylending and lenders, provincial 13) enforces control of Press, 163; subject, 372 policy of, towards Indian states, Money matters, Clive and W. Hastings 116 dishonourable in, 83 Minto, Earl of, governor-general ( 1905- Monmouth's rebellion, martial law 10), 220-31; resents Morley's choice during, 33 of councillors, 166 n. 2; responsible Monopolies, Act of 1624 as to, 12 for adoption of communal elector Monopoly of China trade and tea trade ates, 229, 243; uses to excess continued from 1813 to 1833, 127; private correspondence with Morley, disappears (1833-4), 131, 136 170 n. 1; very critical of his sub Monopoly of trade, granted by prero ordinates, 185 gative to London Company, 3, 5, 14, Minto-Morley reform scheme, 1907-9, 15; legality of, 12; Parliamentary executive councils to be reformed, grant of, to East India Company, 231; increase of representative 15, 16; renewed (1793), 100, 101; in element in legislatures, 228, 229, 230; part (1813), 127; terminated (1833), principle of communal electorates 131 adopted, 229, 243; provides for exten Monroe doctrine, protects Canada, sion of powers of discussion of 466 finance, 230, 231; and of passing Monson, Col. George, member of resolutions, 231; representation of council, Fort William (177H), 71, Indians on governor-general's coun 76 cil and Council of India, 231, 232; Monson, Col. William, defeated by responsible government not aimed Holkar (1804), 114 at, 232 1 Montagu, Chancellor of the Exchequer, M.ir Jafar, Nawab of Bengal (1757~0, arranges creation of general society 1764-5); relations of, with company, for Indian trade, 14, 15 27,30 Montagu. Rt. Hon. Edwin, Secretary M.ir Kasim, Nawab of Bengal (1760), of State for India, his proposals for grants territories to Company, 27; Indian government, 241, 243-7; the receives unfair treatment from Com Act of 1919, 247-73; resignation of, pany,30 277 - 36 562 A CONSTITUTIONAL HISTORY OF INDIA Montagu-Chelmsford scheme embodied Municipal law, relation of state rulers in Government of lndia Act, 1919, to, 225, 459 243-73; on lndiao states, 441, 444, Municipal magistrate, Calcutta, 206 447 Municipal tramways, provincial sub Moplahs, rebellion of (1921-2), 277, ject, 263, 371 283; martial law against, 432, 433; Municipality of Madras, in 1687-8, 11, soldiers recruited from, for Madras 12, 46, 47; under charters of li26 army, 189 and 1753, 48; of Bombay, 43; of Moral and Material Progress Report, Calcutta, 51 to Parliament, 170 . Munni Begam, appointed as guardian Morley, Viscount, Secretary of State of Nawab of Bengal, 60 for India (1905-10), contemplates Munro, Sir Hector, victor ofBaksar, 53; adding Cromer to his Council, 435; puts down sepoy rebellion (1764), 157 criticizes governors of provinces, 185; Munro, Sir Thomas, disapproves of reforms of Indian government under, freedom of the Press, 163; favours 22S-32; selection of counsellors by, preservation of native states, vii, 166 n. 2; nses excessively private 122; presses for ryotwari settlement correspondence, 170 n. 1 in Madras, 148, receives governorship Momington, Lord. Bu Wellesley . of Madrss, 141;' urges employment of Most favoured nation treatment by Indians, 135 statute, refused to British goods, 318 Munsiffs in Bengal, 144; in Madras, 148 Movements within India, of certain Muslim state, project of a, 287 claBSes of persons, federal subject, Mutilation, punishment by, permitted 366 by Hastings, 66; forbidden under Muddiman, Sir A., committee under, Cornwallis, 108 n. 2; and by Wel reports on reform scheme operation, lesley at Delhi, 115 286 Mutinies in armies, 156, 157; in 1857, Mufti, use of, to &BBist courts, 64, 65, 164 107, 108 Mutiny Act, British, annual, as affected Muhammad Ali, recognized as Nawab by existence of Indian forces, 100 of Carnatic (1763), 67; asks for Mutiny Act, 1717, articles of War Company's recognition of his here- under, applied in part to Bombay, ditary rulership, 113 • 33, 34; to Madras, 34 Muhammad Reza Khan, as naib nawab, Mutiny Acts, Imperial, for India (East 86; removed from control of the Sadr Indies), 34, 56, 127, 134, 136, 157 Nizamat Adalat (1790), 106 Mutiny (East Indies) Act, 1840, 136 Muhammadan law, application of, to Muzaffarpur, murder ofladies at ( 1908), English difficult, resulting in their 227, 228 exemption, 21; at first not applied Mysore, state, recreated, 120; repre in Company's chartered courts, 48, sentation of, in Council of State, 339; 49, 52; except in Bombay in part, 44; in direct relations with governor followed in Zamindari Courts, Bengal, general, 441; legislative council in, 52; use extended by W. Hastings, 443; order of chivalry in, 447; claims 65, 66; mnst be applied in certain for consideration on federation, cases in Supreme Court, Calcutta, 89; 450 n. 3; forbidden to raise land in Madras, 149; in Bombay, 150; in cnstoms, 449 n. 2 Company's courts, 105, 109; in My sore, Diwan of, hostile to democracy, North-Western Provinces, 153; in 512 general, 210, 211 Mysore princes, discussion in 1860 in Muhammadans, seats reserved for, in legislature of grant to, 138 legislatures, under Act of 1919, 250, 260, 261; under Act of 1935, 340, 353, Nabha, state (1809), 116; hostility of, 358,486-9 towards Patiala,447; post office of, 448 Municipal charter (1687) of Madras, Nagpur, Company's relations with, 11, 12. Bu also Municipality ending in lapse (1853), 114, 124; Municipal corporation, provincial sub becomes part of Central Provinces, ject, 253, 371 154; High Court (1936), 425 INDEX 56S N ajm-ud-daula, titular X a ,..ab ofBengal may be applied to Indian Navy by (176J), 53; reductionofrevenueaof60 federallegialature. 363, 405 Xam,..an Assigned Area. Burma, Naval Diadpline (Dominion Naval govemmen* of, 456 Fon:t'lll) Act, 1911, 363 n. • Xana Phadnavia (Famavis), minister Naval foroe, power to raise, in India of the Peshwa, 82; disa.sters following granted in 1686, 11; made BUbject. on his dooth in 1800, 113 t.o Mutiny Act, 129; later hiat.ory of. Nana Sahib. adopted son of Baji Rao, 158, 159. See Indian Navy refust'd pension, 12-i Naval Prize Act, ISM, 406 Nandakumar, chief minister of Mir Navji Naaarvanji Wadi&, shipbuilding Jafar, 63; prefers chargee against by, 159 W. Hastings. but. ia illegally con Nawab of Camatic, relation& with, !4, demned and executed,. 76, 77; his 78, 79, 103, 1().!; Wellesley aeeurea accusation of conspiracy revealed transfer of government, ll2; title of, against hia oath t.o Impey by lapses. 1U. See al4o Muhammad Ali Hastings. 85 Nawab of Oudh (later King), relationa Xankana Saheb, Patban masacre of of Clive with, 53, M; ofW. Hastings, Sikhs at (1921 ), 287 67, 83; of Comwallia, 103; of Wel Napier, Sir Charles, secures annexation lesley, 112; of Hastings, 119; of of Sind (1843).121; under Dalhousie'& Bentinck, 120; of Auckland, 120, 123; oon trol, 158 of Hardinge, 123; of Dalhousie. 123, Xarootio drugs. excise on. provincial 12-i BU bject, 369, 373, 390 Nawanagar, &tate (1807, 1812), «2 Xaru-ul-mulk, accession (1793) 88 Nazim at Murshidabad, Calcutta free Xawab of Bengal, recognized without. of control by, 25 imperial intervention by the Com Negotiable inetruments, central, now pany, 103 federalBUbject, 2M, 367 Xasr-ullah, asks vainly (1895) for direct Negotiable lnetrumentl Act. 1881, relation& between Amir of Afghani India, 210 etan and Crown, 193 Nehru, Jabawarlal, on aim& of Congress. Natal, unfair treatment. of Indiana in, 483,515 238 Nehru, Pandit Motilal (d. 1931). Indian National Debt Commiasionera, pay reformer, 283 ment of £2,000,000 to. t.o pay off Nepal, now aov~ independe.nt. capital of East India Company, 131 &tate. war (181-i-16) 'llith, ll9; in National Liberal Federation, Indian, direct. relation& 'llith Crown, 408; view on federation, 511 lends aid in 1857-8, 165; 1186 of National VolunteE-rs, of Gandhi, 283 Gurkha troops in India, 401 Nationality in British India and Neutrality, Dominions' position aa to. Burma,458,459,503 462, 46-l Native rommissionera, judicial powers New Company, ie. Engliah Company, of, under Comwallia, 108. Su al4o 15, 16 Munsiffa, Sadr Amina Newfoundland, granted to Sir H. Naturalization, ~ntral, now federal, Gilbert, 2; default. in debt. payment. subject, 263, 369; legislation on, 458 by, 302; does not obtain repn>eenta Naval, military, and air forces, eto., tion in U.gue of Nations, 461 rentral eubjecta, 263; now federal New South Wales. default of (1932\, in aubjecta, 361, 365; not. aubjed t.o payment of interest on debt. 302 provindal control, 370 New Zealand, overriding of governor Naval and military forces transferred 88 t.o addition of members t.o Legia from Company t.o Crown, 166, 167 lative Coundl (1891-2). 335, 492; Naval Defen executive rouncil of, 247; ministers Papillon, Thomas, concerned in draft of, 249; legislative rouncil of, 249--59; ing lsW'I! for Bombay, 34 under A~ of 1935. governor's pro Paramountcy, of Crown in states, vince, 3:?7; represented in Council of character of, 212-21, 296, 446, 447; State, 339; in Feder&l.A.embly,.MO; difficnlty of exercise in case of executive government- of, 3-!6--52; introduction of responsible govern legislature of, 352-7. 489, franchise. ment in states, 511; states desire ~legislative powers of, 361~; definition of, 474; and restriction of relations of, to federation. in adminis uao of, 507,509 trative matters, 383--6; in finance, Pardon, :Power to, of governor-general, 386-97; responsible government. in 427; of Crown may be delegated to (1937). 478. 482; transitional pro governor-general (1937). 324 visions, 502 Parganas. twenty-four, Company's Orissa states, 222. «2 rights over, 27; st&tns of subjects in, Ostend Company, efforts to establish. 86 defeated by East India Company, Paris. treaty (1763) of, no recognition 16 of British sovereignty in India in, Ottawa Agreemen&,1932, Great Britain 67 and India. 412; and Burma. 517 Paris. treaty (1814) of, recognizes Oudh. 53, 54, 67, 83; defects of adminis British sovereignty in India, 117 tration in, 103, 112. 119, 120, 123; Parliament. British A~ of 1708, for 124; annexed. 123, 124, 151; united Company, 16; of 1754, for mutiny of with North-Western Provinces. 181. looaJ. forces. 19; of 1766--9 for s,..,. United Provinces contnoution by Company, 57; of Oudh districts, zillah judge-magistrates 1773 (North's Act). 63-76; establish in, U5 ment. of control of, over Company, Outram, Sir James, report of, on Oudh, 93-101; legislation of 1813-68, 123 125--40; transfer!~ power to Crown, Overriding of council by governor 165-7; alters constitution and powers general, rule as to, 99, 101, 176; by of legislature (1861). 173-6; (1892). govemon, 101 177, 182. 183; (1909). 228-32; (1912). Ownership of soil within three-mile 235, 236; (1919), 247-72; (1935), limit, vested in Crown, 205 n.. 2 311-18. 322--441; retains control for Oxenden, Sir George. president. of both Houses of Orders in Council to Sura&, visits Bombay (1669), 32--4 give effect to Act of 1935. 436, 437; Oyer and Terminer and Gaol Delivery, states subject indirectly to authority powers of Commissionl'rs of, given of, 224; t.roopa may be employed nnder charters of 1726 and 1753, outside India without approval of, 43, 72; under A~ of 1773, 73 nnder ~ of 1935, 336 · Parliamentary aecretariea in Burma Pagoda. Hadras gold coin, 43 n. I (1937). 515 • Pagoda oath, insisted on, at. Madras. 48 Parsee community, rules of ll1lllCellsion Palanpur, Bt&te (1817). «2 in (XXI of 1865). 211; represented Palestine, Indian 'rieWB on partition on Bombay Court of Judicature, pro~498 41 Palmer & Co.• IIC&Ildal of their loa.oa Partially excluded areas. special respon to Nizam, 119 sibility of governor for, nnder A~ Palmerston, Lord, proposals of, for of 1919, 265, 266; under Act. of 1935. Indian government. 165 315, 3!9, 356, 357; in Burma. 452, Panchayats, uao of, as court&, in 45!, 456 Bombay,«. 4,5; in Madraa, 148 Partition of Bengal, 170 n.. 1, 226, L"7, Panipa&, Harathas overthrown at. in 237 • 1761, 67 Partnership. Indian legislation on, 210 Panjdeh, ejection of Afghan forces Patel, V. J., President. of Legislative from (18&5). 193 ~mbly, 286.291 n..l Panth Piploda. chief commissioner's Patents, central, now federal, subject. province, 3:?7. 360 264, 367 566 A CONSTITUTIONAL HISTORY OF INDIA Patiala, state (1809}, 116, 287, 442; Persons subjected to preventive deten hostility ofNabha towards, 447; post tion under federal authority, con office of, 448; Maharajah of, 508, current legislative subject, 375 512, 513, 514 n. 1 Peshawar, border districts under com· Patna, settlement at, 25 missioner of, 195; martial law applied Patna, state, 442 to (1930), 433; Btstioning of army Patna case, 87, 89 division at, 190 Patna High Court, created (1916), Peshawar, Kohat, Hazara, Bannu. and ~36 n. 2, 424--7 Dera Ismail Khan, settled parts of Patro, Sir A. P., 480 North-West Frontier Province, 197 Peace and war, power to make, con Peshawar City, representation of, 489 ferred on London Company, 8, 9; on Peshwa, head of Maratha confedera United Company (East India Com tion, Company's relations with. 81, pany), 17, 18, 20. Su also War and 82, 111, 113, 114, 118, 150 Prerogative Peterborough, Lord, issues martial law Peace or tranquillity of India or any regulations for Tangier, 31 part thereof, special responsibility of Petition of Right, 1628, 33 governor-general as to, 342 Petition of Right, in England, proce ·Peace or tranquillity of province, dure in India equivalent to, 431 special powers of governor as to, 349, Petroleum, etc., central subject, 264; 350; of governor-general in chief now federal subject, 367 com.missioners' provinces, 360; of Petty juries, introduced by charter of governor of Bnrma, 453 1726, 43. Su Juries Peasantry, Mr. Montagu's desire to Pherozeshah Mehta, moderate reformer, interrnpt placid contentment of, 227 . 244 Pigot, Lord, governor of Madras, Peel, Lord, Secretacy of State for arrested (1776), 79 India, appoints Lee Commission, 284 Pilgrimages, in India, provincial sub Pegu. acquired by Dalhousie (1852), ject, 265, 371; to places beyond 124; exempted from regulations, 139. India, central subject, 265; now Su also Bnrma federal subject, 366 Penal Code, Indian, 135 n. 2, 161, 210, Pindaris, overthrow of (1817-18), 117 224 n. 3, 225 n. 1 Piracy Act, 1699, 46 Penalization of British imports, ques Pirate Coast, trucial chiefs, relations tion of, 315, 318; powers of governor of, with India, 197, 198 general as to, 332, 333, 378; of Pirates, punishment of, in India, 41, governor of Bnrma, 455 46 n. 2; marine struggles with. 158, Pensions, federal and provincial, legis 159 lative authority as to, 366, 370; of Pishin, acquired (1879), 193 government officers, safeguards for, Pitt, Thomas, governor of Madras 418, 419; of other grantees, 382; in (169S-1709), 29; obtains ertra. vil Bnrma, 454, 455 lages, 24 Pentateuch, succeBBion law adopted by Pitt, William, Earl of Chatham, refuses Jews of Aden, 212 to assume sovereignty of India, Percy, Lord Eustace, 317 54 Permanent settlement of land revenue Pitt, William, approves impeachment in Bengal, 109 of W. Hastings, 84; passes Act of Persia, Company's fac-tories in, 22, 28 1784, 95-9; responsible for perma Persian Gulf, establishment of British nent settlement of Bengal, 109 control in, 197; naval construction Place, Lionel, in Baramahal, 148 in India to patrol, 158 Plassey, battle of (1757), 20 Persian war, 1857, depletes Indian Plunder of India by servants of Com forces, 164 pany prior to Cornwallis, 55, 56, 83, Personal law in India, extent of 92 • application of, 210, 211, 212, 382. Poisons and dangerous dmgs, con Su Hindu law, Muhammadan law, current legislative subject, 255, 375 Buddhist law Police, civil and criminal, Punjab, 154 INDEX Police, including railway and village commissions under, to exercise mar police, pro>incialsubject, 370; exten tial law on shipboard and on land, sion of powers of, in certain circum 6, 7, 10, 11; coinage, 10; government stances, federal subject, 368; previous of ceded colonies, 9; judicial grants, sanction of legislation as to, 377 8, 9, 11; martial law for control of Police, arrangementl! to use zamindars, troops, 19, 33; for general purposes, 90, 107: other plans for, 199, 200, 39, 40; municipal government of 202, 203; position of, under Act of Madras, 11, 12; governments and 1935, 414, 415, 416; Europeans in courts (1726 and 1753), 18, 19; power service, 284, 302; safeguarding of of Indian legislature to affect denied information, 350; in chief commis (1833), 134; granted (1861) to central sioners' provinces, 360; in Burma., legislature, 182; not to presidencies, 453 183 Police rules, special duties of governor Prerogative of Crown in federation of as to, 350; in Burma., 453; in chief 1935, annexation of territory~ 325, · commissioners' provinces, 360 408; appointing representatives to Political parties, necessity of develop foreign states, 407, 408; cession of ment of, for responsible government, territory, 179, 324, 376, 408; declar 475, 476; in Burma, 515; impossible ing neutrality, 324, 408; declaring under Act of 1919, 278, 279 war or peace, 324, 408, 409; grant of Poona., army division at, 190 honours, 325; to states, 447; im Poona. Pact, September 25th, 1932; on munity from jurisdiction, 327; not communal n-presenta.tion, 307, 353 bound by statute unless so provided, Popham. Captain, captures Gwalior 326; not to be limited by statute as (1780), 82 regards appeals, 377; ownership of Port quarantine, seamen's and marine land, minerals, 324, 325, 326; par hospitals, etc., central subject, 264; dons, 324, 427; priority of debts, 326; now federal subjects, 366. See also trading with enemy, 405, 406; treaty Major ports power of, 408, 410-12 Portuguese, Papal award of India to, 1; Presbytery of Edinburgh, ~ntrols relations with Company, 22; with chaplains in India, 414 o' 4 Crown, cession of Bombay, 9; marine Presents, rules, forbidding, 5, 75, 97 conflicts with, 159; on Bombay Court Presidencies, especially Bombay, Cal of Judicature, 41 cutta., and Madras, proposal to add Portuguese law, maintained until 1672 another (Agra), 132, 137; Bengal in Bombay, 31, 32, 36; officials under, added (1912), 234; under Act of 1919, 44,45 247; now provinces under Act of Postal services in relation to states, 1935; 326, 327 448,449 Presidency magistrates, security for Posts and telegraphs, and Post Office position of, under Act of 1935, Savings Bank, central subject, 264; 427 now federal subject, 366 Presidency of Agra, creation of, pro Pounds and prevention of cattle tres posed in 1833, 132; postponed in pass, provincial subject, 254, 255, 1835, 132 371 Presidency Towns Insolvency Act, Powers of Indian legislature, judicial 1909, 210 interpretation of, 177-80 President and Council, of Madras, Preamble of Act of 1919, preserved in power to make by-laws given by Act of 1935, 316 charter of 1687, 39 n. 1 Precedence, determined by Crown for President and Council at Surat, 22, 23; British India, 323; and for States, relations with Bombay, 33, 37 221, 448; under Act of 1919, central President and governor of Bombay, legislative subject, 265 office created in 1715, 29 Pre-federation debt, question of bear President of the Board of Control, ing burden of, 387 office created, 95; power of, 98, 99; Prerogative, royal, as to government salary of, 137; replaced by secretary of subjects trsding overseas, 2; of state (1858), 165 568 A CONSTITUTIONAL HISTORY OF INDIA President of the Council of State, under Privy Council. Bee Appeal from Indian Act of 1919, 261; under Act of 1935, Courts; decides issues as to medical 338; of legislative councils, under qualifications as ground of capacity Act of 1935, 352 to practice, 380; function of, as President of the Legislative Assembly, regards removal of judges of Federal under Act of 1919, 260 Court, 420; of High Courts, 425 President of the Federal Railway Prize Court, at Calcutta, 49 Tribunal, 397 Prize Courts Act, 1894, 406 Preas Act, 1910, Indian, 228, 239 Prize law and prize courts, not within Preas legislation, 157, 162, 163, 176, competence of Indian legislatures, 406 226, 227, 228, 23g, 295 n. 1, 433; Probate, power to grant, 17, 37, 44, 73 concurrent legislative subject, 255, Probate and Administration Act, 375 ' India, 1881 (now 1925), 211 Prevention of crimea of violence, special Procedure in revenue and rent courts, powers of governors in respect of, provincial subject, 370 350; of governor-general in chief Proceedings in England against persons 'COmmissioners' provinces, 360; of guilty of offences in India, 19, 20, 75, governor of Burma, 453 88, 97, 98, 99; restricted, under Act Prevention of animal diaeaaea, and of 1935, 351, 352 cattle trespass, provincial subjects, Proclamation, by governor-general in • 371 case of constitutional breakdown, Prevention of plant diseases, provincial 347, 348; by governor, 356 subjects, 371 Proclamation of emergency, by gover Preventive detention for purposes of nor-general, legislation by federation public order, provincial subject, 370 under, may supersede provincial Preventive detention in British India, legislation, 364 federal subject, 365 Production, supply and distribution of Previous sanction of governor-general goods, provincial subject, 372 required for legislation under Act of Property, private, security of, in India, 1861, 174. 182; under Act of 1919, 382; in Burma, 455 251, 252; under Act of 1935, 362, 364, Property, public, federal, and provin 365, 376, 377, 381, 382, 390, 393, cial, legislation as to, 366, 370 418,421 Property of federation, exempted from Previous sanction of governors of provincial or state taxation, 392, 393; provinces required for legislation, of provinces, . in some degree ex 376, 377, 381, 382 empted from federal taxation, 392 Prince, title of, restricted, 447 Property of government, assignment Prince of Arcot (title given in 1867 with of, to various authorities, under Act exemption from jurisdiction), 447 of 1935, 395, 396; as regards Burma, Prince of Wales, later Edward \<~II 455 (January 21st 1936), visit of, to Proportional representation in pro.. India, 283 vincea, restricted use of, 486; in Princes, BU States elections to Legislative Aaaembly, Principal sadr amine, established by 340 Bentinck, 145 Proposals (1916) of Muslim League and Prior sanction of governor-general. Congress, 242, 243 Bu Previous sanction Prosecutions of officers require per Prison, reformatories, Borstal institu mission of head of government, 418 tions, etc., provincial subject, 255, 370 Protection against peste, provincial Private correspondence, excessive use subject, 371 of, between secretary of state and Protection of minorities, 303; special governor-general, 170 responsibility of governor-general, Private trade of servants of Company, 332, 333; of governors, 349 55 . Protection of wild birds and animals, Privileges of legislatures, under Act of provincial subject, 254, 255, 372 1935, 341, 342, 454; legislation in Provincial auditor-general, may be respect of, 369, 371 appointed, 395 INDEX 569 Provincial councils, under Act of 1919, Punishment in England of offences constitution of, 249, 250; franchise committed in India, under common for, 250, 251; powers of, 251, 252; law, 9; under statute (1754), 19, 20; subjects under control of, reserved, under Act of 1773, 75, 88; under Act 254, 255; transferred, 253, 254 · ·of 1784, 97, 98; special court for, 98, Provincial councils of revenue, in 99; restricted under Act of 1935, Bengal, 61, 62; relation to adminis 351, 352 . tration of justice (1773), 66; unsatis Punishment of persons refusing to give factory action of, in Nadera Begam's evidence or produce documents case, 87, 89; disappt'ar (1781), 91 before committees of legislature, Provincial courts in Bengal, reorgan federal subject, 369; provincial sub- ized by Impey, 64--6, 87, 88; system ject, 371 . altered by Cornwallis, 107 Punjab, annexation of (1849), 121, 151; Provincial courts of appeal, Bengal, becomes a lieutenant-governorship under Cornwallis, 107, 108, 143, 144; (1859), 137, 181; administration and in Benares, 145; in Oudh, 145; in jurisdiction in, 153, 154; legislative Madras, 148, 149 council of (1897), 182; under Act of Provincial Insolvency Act, 1908 (now 1909, 229, 231; under Montagu V of 1920), 210 Chelmsford reforms, governor's pro Provincial services, 201, 202; safe vince, 247; executive. council, 247; guarding of officers of, under Act of ministers, 249; legislative council, 1935,416 249-59; under Act of 1935, gover Provincial settlements of revenue and nor's province, 326; represented in expenditure, 187 Council of State, 339; in Federal Provincial Synod of Lothian and Assembly, 340; executive govern Teviotdale, control of, over chap ment, 346-52; legislature of, 352-7, lains, 414 488; franchise, 35~0; legislative Public Accounts Committees, under powers of, 361-83; relations of, to Act of 1919, 258 . federation, in administrative matters, Public debt, central subject, 264; now 383-6; in finance, 386-97; responsible federal and provincial subject, government in (1937), 478, 480 366, 370; charges for, non-votable, Punjab Laws Act, 211 252, 262, 345, 355 Punjab States Agency, 442 Public health and sanitation, hospitals Punjabi Mussulmans, great services in and dispensaries, registration of war, 240 births and deaths, provincial subject, Punjabis, service of, in mutiny, 165 253, 371 Purandhar, treaty (1776) of, 81 Public order, in general, provincial Purchase of seats in Commons by subject, 255, 370; use of naval, mili returned servants of Company, irri tary, or air forces to assist in tates public opinion, 56 maintaining, excluded from provin cial legislative power, 370; rests on Quarter Sessions, under charters of 1726 discretion of governor-general, 400 and 1753, at Bombay, 43; at Cal Public service commissions, under Act cutta, 51; at Madras, 48, 51; under of 1935, 417, 418, 501; in Burma, 455 North's Regulating Act, 1773, at Public Services, federal and provincial, Calcutta, 74, 75 · legislative control over, 366, 370. Questions, right to ask, conceded to See Civil servants, Indian Civil legislatures under Act of 1892, 177, Service 183; supplementary questions al Public works, provincial subject, 253 lowed under Act of 1909, 231; Public Works Department, India, 200, limitations on asking, under Act of 203; member of governor-general's 1935, 342, 343, 354 council, 171 Questions in Imperial Parliament on Pulo Run, in the Bandas, finally ceded Indian affairs under the Constitution ( 1667) to Holland, 7 of 1935, 491-3 Punch-houses, licensed by Bombay Quetta, occupation of, under treaty Court, 37 (1876) with Khan of Kalat, 169; 570 A CONSTITUTIONAL HISTORY OF INDIA stationing of army division at, 190; Rates of stamp duty, in certain C&BeB rebuilding of, 49-l federal subject, 369, 378; in general, Quit rent, of Bombay, paid to Crown provincialaubject, 259, 373 until 1730, 9; of lladraa, paid from Ratification of treaties by govPmor 1639 to 1752, 23, 24 general in council, in caae of labour conventions. 405 Race, diacrimination based on, for Rawalpindi, army division at, 190 bidden by statute, 135, 382; but Rawlinson, Lord, commander-in-chief. allowed in certain casee, 495, 496 on .-ntial functions of army, 281 Racial diacrimination in trials, 207; Reading, Marqueaa of, governor-general largely removed in 1923, 207 n. 3 (1921-6), declaration by, of para Raghubir Sinh, on Chamber of Princea, mount power, 296, 4-lS; ready to 513 accept Dominion status. 469 Raghunath Rao, uncle of Peshwa, Real estate of certain debtors made alliance with, of Bombay government aubject to debts (1828), 130 (1774), 81 Recall of officera from India by the Rai raian, functione of. 60; limited in King, 96; exercised in Barlow's caae, 1781, 91 99; by East India Company, 96; Railway board, federal, 397-9; for exercised in caae of Lord Ellen Burma, 456 borough, 136, 140; of Wellesley, 115 Railway companies, can claim arbitra Recognition of laws, public acta and tion againet secretary of state, 399 records. and judicial proceedings, Railway conetruction, financing of. 186, concurrent legislative eubject, 3;4, 187 Recorder's Court& at Madra& and Railway fund, created, 398 Bombay, 126; aupei'Beded by Su Railway juriediction granted by states preme Court&, 149, 150 to Crown, extent of. 222; position of, Recordent, Rangoon (186-l--1900) and under federation, 331 Moulmein (1864-72), 209 Railway rates committee, 398; for Recovery in province& of claim& in Bnrma,456 respect of public demands (taxes. Railway eervioes, control of, 415, 416 land revenue. etc.). arising outside, Railway tribunal, under Act of 1935, concurrent legiBiative enbject, 37 4 397,398 Red Cross,. Geneva Convention on uae Railways, varione issues ae to, central, of, 505 now federal enbjecte, 263, 367, 397-9 'Red-ahirt' movement in Muhammadan Railways Inquiry Committee, 499 circles in North-Weet Frontier Pro Railways in relation to states, 448; vince, from 1930, 295 juriediction in respect of. 222; ae Reference of queatione of law to affected by federation, 331 federal court by governor-general, Rajah, M.C., representative of interests 423 of depresBed cla.ssee, 290 Registers. Indian, judicial functione of. Rajpipla, &tate. 442 106 Rajput etates, claim protection of Registration of billa of &ale. in Bombay, Company ae succeBBOr of Emperor, 37 ll5; Malcolm's settlement of rela Registration of births and deaths, tione between Maratha overlords provincial subject, 253, 371 and, US . Registration of deeds affecting im Rajputana States Agency, 442 movablea in Bombay Court, 37 Rajshahi division of Bengal, 2M Regulating Act, 1773, events leading Ram Mohan Roy, on euttee, 161 to, 68-70; provision& of, 70-6; diffi Rampur, &tate (1794), 83, «3 culties arising out of, 85--7; altered Ranchi European Mental Hoepita), by Act of 1781, 88-91; and by Pitt's federal subject, 369 Act ofl784, 95-9 Rangoon municipality, non-Barman Regulation of Aerial Navigation, Con interests in, 517 vention on (1919), 411 Ranjit Singh Maharaja of the Punjab Regulation of houae accommodation, in (cl. 1839), ll6 cantonments, federal subject, 363 INDEX 571 Regulation of labour and safety in Reserve Bank of India Act, 1934, mines and oilfields, federal subject, India, 393 368 'Reserved matters, under Act of 1919, Regulation of mines and oilfields, etc., 254, 255; expenditure on, ('()ntrol of, provincial subject, 372 258, 259; legislation on, 249; pro Regulations for Bengal, Bombay, and vision of funds for, 249, 26:?; under Madras. See Bengal regulations, Act of 1935, in federal government, Bombay regulations, Madras regula 335, 336; defence, 399-407; ecd.,.,;ias tions · tical affairs, 413, 414; external Regulations for non-regulation pro affairs, 407-13; cost of, non-votable vinces, validated in 1861, 175; by legislature, 345 enacted for excluded and partially Residuary powers to legislate or tax, excluded areas, 265, 266, 356, 357 governor-general may allocate, 362 Relief from income tax, bills affecting, Resignation of high officials to be in require previous sanction, 377 writing (1784), 96 Relief of the poor, and unemployment, Resignation of President of Board of provincial subject, 372 Control (Lord Ellenborough) owing Religion, previous sanction of governor to disapproval of action by Cabinet, general to introduction of Bills 175 affecting, 174; differentiation based Resignation of secretary of state, in on, forbidden, 135, 382 view of Cabinet disapproval of Religious toleration, 160, 161, 167 action, in case of E. Montagu, 277; Remarriage of Hindu widows (1856), in consequence of failure of Indian 160; plays part in inducing mutiny, government in regard to Mesopo 164 tamia, in A. Chamberlain's case, 241 Removal of prisoners and accused Resignation of Warren Hastings, held persons from one unit to. another, (1777) invalid, 77, 96 concurrent legislative subject, 374 Resolutions, power to move, under Act Rent, suits as to arrangements as to, of 1909, 251; value of, 232, 233 64, 144, 148, 149, 153; procedure in Responsible government, as goal of rent and revenue courts, provincial India, declared on August 20th 1917, subject, 370 243; under Act of 1919, 287-60, Report on moral and material progress 277-9; under Act of 1935, in pro in India, laid yearly before Parlia vinces, 348--52; difficulties as to, in ment, 170 federation. 310, 332-8; outlook as Representative of the Crown as regards to, vii, viii, 473, 474; settlement of, relations with the Indian states, 323, 480--3; in the states, 511; use of . 493; right of, to demand military states to hamper, 507 · assistance from governor-general, 330 Responsible government in Dominions, Representatives of states in federal present position of, 460--6 legislature, 340, 511 Restriction of financial grants to Repugnancy of provincial and federal Indian purposes, 393; but not to legislation, 361, 362 federal or provincial purposes only, Repugnancy of state and federal 393 legislation, 364 Restrictions on legislative powers, Repugnancy· to Imperial legislation, under Act of 1833, 134, 135; under under Act of 1833, 134, 135; under Act ofl861, 174, 182, 183; under Act Act of 1861, 174; under Act of 1935, of 1935, 376-83; in Burma, 455 376, 377 . Revenue administration, Bengal, 60-2, Reservation of Bills by governors, 64, 65, 66, 91, 107, 108, 109, 143-5; under Act of 1919, 252, 253; under Bombay, 151; Madras, 149; North Act of 1935, 354, 355; by governor Western Provinces, etc., 153 general, under Act of 1919, 253; of Revenue cases, mode of dealing with, 1935, 344, 355; in Burma, 454 under Cornwallis, 106, 107; non Reserve bank, controls currency, 393; subjection to control of Supreme in respect of .Burma, 457; provincial Courts (High Courts), 88, 89, 149, borrowing through, 494 150, 205; continued by Actofl935, 400 572 A CONSTITUTIONAL HISTORY OF INDIA Revenue coorte, procedure in, pro· Ruseia, treaty (1907) of, 11·ith, 193, 194, vinci&l subject, 370 408 n.l Revenue Courta of Appeal to be RWISian aggreBSi on, risk of, after 1885, reconstructed under Act of 1935, 428 ' results in increase of Indian army, Reviva.l and improvement of litera. 189; in offers of aid from atate11, 219 tore. gra.nt. of la.kh of rupees for . Rossia.n etrategic railways, ca.Ull9 in (1813), 129 craaae of field army, 190 Rewa Kantha Agency, «2 Russo-Mghan boWJdary decided upon, Righta of fatbera and mMten of 193 families by Hindu or Muhammadan Ryan, Sir Edward, report of, on legal law to be respected, 89 position in 1830, 133, 134 Rigid distinction of legislative power11, Ryote, land righta of, neglected. 91; first introduced by Act of 1935 efforts to remedy, 109, 144, 148, 153; 362 juriadiction of moneylendel'S O--'er, Ripon, Marqoel!8 of, governor-general 65 (1880-4), defends value of his Ryotwari tenure of land. in Bombay, council, 172; difficnlties of, with 151; in Madrae, 148, 149; in Punjab, Council of India, 169; extends 153 powel'll of Indian magistrate~~, 207; restores freedom of Preas, 176, 226 Sabar Kantha agency, 442 RobBJ'ts. Earl, approves system of Sadr Adalat, Gujarat, 1.50 Military .Member for Supply, 190 Sadr Ada.la.t, Madras, 149 Roe, Sir Thom&ll, secures trade Sadr Amina, in Madra.ll, 149; in Bom. privileges for English traders, 161&- bay, 150 19, 22 Sadr Diwani Adalat, Bengal, reorganiz Rohilkha.nd. Nawab of Oudh'a cl.aima ed by Warren Hastings.. M, 65; later over (1772-4), 68 history, 85, 87, 89, 106, 108, 143, 144, Rohilla war, W. Hastinga' improper 145, 147,152; merged in High Court, conduct as to, 68 203 Roma.n ~tholic church, Madrae, 160 Sadr Diwani Adalat, Bombay, 150; Ropewa.y11, provincial subject, 371 merged in High Court, 203 Round Table Conference, demanded in Sadr Diwani Adalat, created for North 1925, 286; arranged, 291; interest of Westem Provinces, 145; merged in parties to, 294-303; firl!t session, High Court, 204 303-5; eecond Bel!llion, 30&-7; third Sadr Faujdari Adalat, Bombay, 150; .seSI!ion, 308 merged in High Court, 203 Rowlatt, Mr. Jnatioo, committee under, Sadr Fanjdari Adalat, Madrae, 149; on revolutionary propa.gaoda, 275 merged in High Court, 203 Royal Executive FunctioDB and Sas.la &dr Niza.mat Adala.t, Bengal, 106, 107, Act, 1934, Union of South Africa., 108, 152; merged in High Court, 463,466 203 Royal fol'C91!, aent to India, pa.yment. Sadr Nizama.t Adalat, created at Alla for, 99, 100, 128 habad, 145; merged in High Court, Royal Indian Marine, 191. Su. Indian 204 Marine Safeguards, doctrine of, 300. 301, 303, Royal India.n Navy onder Acts of 1927 309, 314, 315; a.fforded a.s regards and 1935, 404, 405. Bu. Indian Navy legiBlation, 377--83; in epeci&l re Royal Titlea Act, 1876, 167, 168 aponsibilitie~~ of governor-general, Rnle of law, in India, 432-5 332-5; in special re6ponsibilitiea of Rnle11 of Court, in Bombay, 44; in Ben governors, 34s-51; fo~ aerv&nts of gal onder Act of 1871, 89 Crown, 312, 313, 4U-19; in Burma, Rulea of procedure of provincial coun 453, 455; in Aden (1937}, IH9 cilB undel' A~ of 1919, 252 Saga.r and Narbada territories, acquisi -Rumbold, Sir Thomas, governor of tion of, 117; &dministration of, 139, M&draa ( 1778), 79, 80; BiD of pains 145, 151, 153 and penaltiea against, 93 Sagor iBland, B&crifice of children at. Rupee, va.lue of, atabi!Ued, 288 WeUealey prohibita, 162 INDEX 573 St. Helena, originally under London Satara, state restored by Lord Hast Company, martial law at, 39; trans mgs, 118; deposition of raja, 121; ferred to Crown, 131 lapsed to company, 122 St. John, Dr. John, judge at Bombay, Satyamurti, S., deputy leader of 38, 40 Congress Party, 496, 501 Salabat Jang, recognized as subadar of Saunders, Mr., murder of (Dec. 1928), the Deccan, by treaty of Paris, 67 305 Salaries of advocate-general and coun Scheduled castes, representation of, sellors, not votable, 345 under Act of 1935, 353, 487-90 Salaries of ministers, federal, not Scheduled District Act, 1874, India, votable, 334, 345; provincial, not areas placed under system of, 175, votable, 355 209,265 . Salbai, treaty (1782) of, 82 Scottish church, chaplains of, 136, 414 Sale of goods, Act regarding, 210 n. 4 Scottish law, rulers of Indian states, Salient characteristics of federation in subject to jurisdiction under, 459 India, 319-22 Seamen's and marine hospitals, central Salisbury, Lord, on Council of India, subject, 264; now federal subject, 366 169 Secession, Dominions' claim of right of, Salsette, seized by Bombay, 81 462, 465, 466; impossible under Salt, as source of revenue, 186; re restrictions on Indian legislative tained by centre, 187, 264; under power, 376; but claimed by Srinivasa. Act of 1935, federal subject, 369, 390, Sastri aa inherent in Dominion Salt monopoly, Bengal, 147; Bombay, status, 468 151; Madras, 149 Secession from federation by states, Salt policy in regard to states, 449, 450 329 . Salute states, and non-salute states, Secret committee on war in the 441,442 Carnatic, 93 Salutes, of kings of Delhi and Oudh, Secret orders of the Board of Control, 119 n. 1; regulated by Crown, 221 96 325,448 Secret orders of secretary of state, 166; Sambalpur, lapses (1849), 123; ad involving expenditure, 167 ministration of, 266 Secretarial staff, of governor-general Samuel, Rt. Hon. Sir Herbm, M.P., and governors, under their control, on Dominion status for India, 470 351 Sanads, of adoption and recognition of Secretaries of departments, have access succession rules, granted to Hindu to governor-general, 173; under Act and Muhammadan rulers, mark of 1935, 334; to governor of Burma, supremacy of Crown, 213, 214 453 Sanctioning of cinematograph films for Secretary of State for Burma, 455, 518 exhibition, concurrent legislative Secretary of State for India, 165, 166; subject, 255, 375 position of, under Montagu-Chelms Sanctions, censure of abandonment of, ford scheme, 1919, 257, 267-70, in case of Italy, 503 position under Act of 1935, 335; Sandhurst, entry of Indians to, 281; 348, 399, 401, 407, 413, 435, 436, stopped, 402 n. 1 438, 439; in regard to the servioes, Sandhurst, Lord, governor of Bombay, 415, 416, 418, 419; suit against, 166; Curzon's critici.zm of, 180 n. 3 under Act of 1935, 396, 397, 430-2, Sanitary rate, power to levy in presi 436. Bee Home Government of dency towns under Act of 1793, 101 India. Sanitation, provincial subject, 253, 371 Secunderabad, British jurisdiction over Santa! Parganas, special administra cantonment at, 222 n. 4, 331; army tive regime for, 266 division at, 190 Sapru, Sir Tej Bahadur, moderate re Security for Indian loans, 301 former, 285, 286, 287 Security for payment of pensions, 312, 'Sarda' Act, 1929, on age of marriage, 313, 418, 419 211; wholesale evasion of, with aid Seditious meetings, legal measures of Indian states, 451 against, 228, 433 574. A CONSTITUTIONAL HISTORY OF INDIA Select Committee of Bengal ConnciJ, of Madraa and Bombay under set up in 1756, 29; remodelled, 56; chartel'll of 1726 and 1753, 43 of Madraa Council, 80 Sheriff'& Court, attempt to create at Select committee on administration of Madra& (1727), 47 justice in India, 88, 93 Shipping and navigation on inland Senate, Burma, composition of, 453; waterways,etc.,concnrreot legislative • powel'll of, 454 subject. 375; on tidal water&, central Seniority aa principle of promotion, in subject. 367. Su !Iaritime shipping civil service, 142; in army, leads to Sholapur, martial law in 1930 applied inefficiency in muti~y. 156 to, 295 n. 2, 433 Sep&l'llte voyages of Company, 3, 4, Shore, Sir John, advises Cornwallis on Sep&l'lltion of revenue and adminis revenue iaauee, 105, 109; governor tl'lltion of justice by Cornwallis. general (1793-8), fails to extirpate 107-9; difficulties due to, 145; not suttee, 161; follows policy of non adopted in non-regulation provinces, intervention, Ill; shows homage to 153, 154; nor generally in force since Mogul princee, ll5 1858,206,207 Shyamaji Krishoavarma, Indian revo Sepoys, raised at Madra& in 1748, lutionary, establishes India House. 19. Su Indian Army London, 227 Servants of Company of Merchants of Shuja-ud-daula, nawab of Oudh (d. London, authority of Company over, 1775), relations with Company, M. 4, 8; of Eaat India Company, 17; 67,68 grades of, 29; removal of, 30; exces Sial.kot, cantonment under British sive payment of, by Warren Hast jurisdiction, 222 n. 4, ings, 91, 92; reforms of Cornwallis, Siam, boundary accord with, u to 109, llO, 142. See Indian Civil Tenasserim, 517 Service, Civil Servants Sibi, acquired (1879), 193 Servants of Company within native Sidi (Mogul admiral), of Janjira, con states, legislation for, 134; power flicts of, with Company, 159 applied to servants of the Crown, Sign manual, used for commissions of 174, 175; retained in Act of 1935, 361 governor-general and representative Seesions courts, Bengal, 14,4; under of His Majesty for functions in con Code of Criminal Procedure, 206; nexion with the states, 323; of judges, protection for, under Act of governors, 348; for warrants of 1935,427 appointment of commander-in-chief, sevres. treaty ('1921) of, resented by 399; of appointments and removal of Mualims in India,· 277 judges of Federal Court, 420, and Shah, Alam, Emperor (King of Delhi) High Courts, 425 (1759-1806), grants diwani of Bengal, Sign manual and signet used for in Bihar, and Orissa to Company, 53-5; structions to governor-gt'neral and jagir to Clive, 27; relations of, with governor&, 328 n. 1 Warren Hastings, 67, 83, 84; with Sikh wal'll (1~ 1848-9), 121 Cornwallis, 102, 103; with Shore, Sikhs, Akali movement in, 287; ghadr ll5; with Wellesley, ll5, ll6 propaganda among, 238; law applic Shah Shuja, governor of Bengal, grants able to, 147 n. 1; reservation of seats certain exemptions for trade in in lt'gislatures for, under Act of 1919, Bengal (1656), 25 250, 260, 261; under Act of 1935, 3.W, Shahin-shah Padshah, title applied to 353, 358, 488, 489; dissatisfa.ction Queen by Sindhia (1877), 214 of, with amount of representation, Shan States, native law in, 209; special 307 provisiona for, under Act of 1935,456 Sikkim, stat& (1817), parts of, obtained Sher Ali. Amir of Afghanistan (1869- ( 1835 and 1850), 139 79), relations of, with India, 192. Simla, Indian government at, 173 193 Simla hill states, 442, 44.5; restrictions Sheriff of Calcutta, to be appointed on judicial power& of, 223 by governor under Act of 19J5, 427; Simon, Sir John, etatutory commiss:0n formerly by governor-general, 73; under, 28S-94, 300, 31a INDEX 575 Simonstown, British position at, incon South Africa Act, 1909, powers of' eistent with neutrality of Union of Union under, 493 South Africa in war, 464 Southern Rajputana States Agency, Simultaneous examinations for I.C.S., 442 refusal of, 170, 202; equivalent pro Sovereign or royal family, no Inwan vided for, 284 legislation as to, 376 Sind, annexation of (1843), 121; ad Sovereignty, acquisition of', by con ministration of, as part of Bombay, quest, only for Crown, 11, 20; 151; separated from Bombay, 326; approved by House of Commons, under Act of 1935, governor's pro 70; first acquired in Madras, 23, 24; vince, 327; represented in Council of Bombay, 9, 24; Calcutta, 25-7; State, 329; in Federal Assembly, 340; reserved by Charles II, 17; gradual executive government of, 346--52; development of, by conquest or legislature of, 352-7, 489, franchise cession, 133; vagueness as to extent of, 35S-60; legislative powers of, of (1784), 95, 101, 102; for inter 361-83; relations of, to federation, in national purposes removed in 1813- administrative matters, 383-6; in 14, 116, 117; for domestic purpoees finance, 386-97; provisional constitu by Act of 1813, 116, 117, 133, 134 tion for, 502, responsible government Sovereignty or dominion of Crown in in (1937), 478, 480 Inwa, not to be affected by Inwan Sindhia, ruling house, of Gwalior, 114, legislation, 134, 174; rule extended 115, 117, 150, 219 to suzerainty, 376; in Burma., 455 Singapore, annexed (transferred to Spain, papal grant of territory to, 1, 2 control of Colonial Office, 1867, under Speaker of the Federal Asaembly, 338; 29 and 30 Viet, c. 115), 130; Indian of provincial assemblies, 352 · troops at (1937), 497 Special court for trial of extortion in Sinha, Sir S. P., later Lord Sinha, asks lnwa., eet up in 1784, 98; remodelled · for announcement of goal of British in 1786, 99 government in Inwa, 242; given Special leave to appeal to Privy Council, governorship of Bihar and Oiissa 154, 421, 422, 424; may not be taken (1920), 279 away without specific authority, 377; Siraj-ud-daula, Nawab of Bengal such authority given, 421 (d. 1757), accepts treaty with Com Special Marriage Act, 1872, India, 212 pany, 27 Specific Relief Act, 1877, India., powers Sirhind, Cis-Satlej etate (1809), alliance under, 210, 434 of, 116 Spice Islands, English Company ex-· Sirohi, state (1823), 442, 451 n. 2 eluded from trade with, 3, 7 Skeen, Sir Andrew, committee on Spiti, Punjab, administration of, 266 Inwan Sandhurst, 281 n. 2 Srinagar, resident's jurisdiction at, Slave Trade Act, 1811 and 1824, 222 n. 3 136 Srinivasa. Sastri, asserts that Dominion Slave Trade Act, 1876, juriswction status involves right of secession, 468; over Indian state subjects on high condemns Lord Zetland, 480 leas under, 220 n. 1; powers of Indian Stables, John, member of council, legislation under, 364 Fort William, f'rom 1782, 78 Slavery, legal etatus of', abolished Staff corps, renamed Inwan Army, 189 ( 1843), 161 Stamp duties, partly central, partly Slavery Abolition Act, 1833, not provincial, 259; partly federal, applied to Inwa, 136 partly provincial, 369, 370, 373; pro Sleeman, Sir William, puts down thugs, ceeds of, provincial, 388 147; report of, on Oudh, 123; urges Stanwng Committee of Chamber of' wider employment of Indians, 135 Princes, 411, 412 Small Causes Court, Bombay, 150 Stanley, Lord, carries Government of' Smuts, Lieut.-General J. C., shows Inwa Bill, 1858, 165 hostility to Indians in Union, 285 Star of lnwa, order inetituted (1861), Socotra, included in Aden protectorate, 325; given to Indian princes, 447 519 State lotteries, federal euhjeot, 369 576 A CONSTITUTIONAL HISTORY OF INDIA States, Burman, government of, 456 Subordinate civil service, mainly In States, Native or Indian, Company's dian, 199, 200, 201 relations with, under Warren Hast Subordinate judges, Bombay, 208; ings, 76-84; under Corn.vallis, 101--5; Ma.dxa.s, 208 establishment of supremacy over, Subordinate judicial service, protection 111-25; under Crowri, administra for, under Act of 1935, 427, 428 tive and political relations, 212-21; Succession Act, 1865, Indian, 210, 2ll judicial relations, 221--6; under Succession to native states, must be Monta.gu-Cbelmsford reform scheme, recognized by paramount power, 272, 273; value of war services of, 217 240; under indirec't control of Parlia Suicide, English law as to, not applic mentary legislation, 224; under the able in India, 147 n. 1 con&titution of 1935, 296, 297; acces Suits against the Crown, 325, 396, 397, sion to federation, 3ll, 327--30, 432, 433, 455; in respect of Aden, 361 506-14; federal executive in relation ' Suits against rulers of states, 459, 511 to, 331-8; legislative representation Suits between natives of India in 18th of, in Council of State, 339, 340; in century, courts dealing with, in Bom Federal Assembly, 340, 341; non bay, 45; in Calcutta, 49--52, 74, 88, representative character of, 511; 89; in Ma.dxa.s, 48, 49 power of federal legislation to legis Suliva.n, Laurence, support of, pur late for, 361-70; relation of, to chased by Hastings, 110 federa.t.ion, .in administrative mat Superintendents of police, established ters, 383-6; in finance, 386-97; in (1791}, 107, 202 railway matters, 397-9; questions as Supervision of police regulations, gov to, not justiciable, 431; special . ernors' duties as to, 313, 350; in responsibilities of governor-general Burma, 453 to safeguard interests of, 332, 333; of Supervisors (supravisors) appointed by governors, 351; payments in respect Verelst in 1769, 57, 64 · of, non-votable, 342; audit of, 395; Supervisors, of Indian government, trade xela.tions with Burma, 457; proposal to send to India, negatived treaties concluded to bind, 505, 506. by Parliament, 59 See also Courts of states Supremacy of civil authority over State subjects, and rulers, eligible for military asserted in 1769, 56; exer seats in Council of State, 341; in cised by Dalhousie, 158 Federal Assembly, 354; for office, Supremacy of Parliament asserted, in 416; rights desired by, 451, 511 Act of 1833, 134; in Act o£1861, 174; States Peoples' Conference, 451 in Act of 1935, 376 Status of the Union Act, 1934, Union Supreme Court, at Aden, created 1937, of South Africa., 465, 466 518; has jurisdiction in respect of Statute of Westminster, 1931, effect of, Aden Protectorate, 519 '178, 464, 465 Supreme Court, at Calcutta, created Statutory civil service, Lord Lytton's, 1785, 73--5; controversy with council, 199 85-7; limitation of powers in 1781, Strength of Indian Army in 1856-7, SS-90; extent of jurisdiction, 145-7; 164; after Mutiny, 188, 189; during transformed into High Court (1865), war of 1914-19, 240; later reduced, 203,204 281; in 1935, 403, 404 Supreme Court at Bombay, 126; ex Stipendiary magistrates, Calcutta, 206 tent of jurisdiction, 150; transformed Stores, India's freedom to purchase, into High Court (1865), 203, 204 469 Supreme Court at Madxa.s, 126; extent Subada.r of the Deccan, Company's of jurisdiction, 149; transformed into relations with, 24. See Niza.m of High Court (1865), 203, 204 Hydera.ba.d Supreme ownership of land. falls to Subeda.r, M., on position of states, 508 Crown, 324, 326 .Subordinate alliance, imposed on Oudh, Surat, made chief station of London 112; on Nizam, 113; on Peshwa., 113, Company, 5, 22, 28; makes by-laws 114 for Bombay, 39 INDEX 577 Surat state,Nawab recognized by Com Taxation of provincial governments in wallis, 103; power of government · respect of business carried on outside - taken over by Wellesley, ll3; title a province, 393 · lapses, 121 Taxation· of ruler's property (private) Surcharges on income tax, right of in British India, 225 n. 2, 392, 393; federation to impose, 389 of public property nsed for trade, Surcharges on various duties, federa 225 n. 2t 392, 393 tion may impose, proceeds to go to Taxes on agricultural income, pro· provinces, 388 vincialsubject. 373, 390 Surendranath Banerjea, Sir, moderate Taxes on animals and boats, pro· Bengali reformer, 227 . vincialsubject. 259, 373, 39() Surji Arjungaon, victory (1803) of, over Taxes on capital value of aBSets (ex Sindhia, ll4 clusive of agricultural land) of indi Surman, John, successful mission of, to viduals and companies, federal sub- · Farrukhsiyar, 24, 26 ject. 369, 390 Survey of India, Geological, Botanical Taxes on income other than agri and Zoological Surveys, central, now cultural incomes, central subject, federal subjects, 264, 366 369; part of revenue payable to Suta.nati, settlement at. in 1690, provinces, 388, 389 25 Taxes on Ianda and buildings, hearths Suttee (Sati), widow-burning, pro and windows, provincial subject, 259, hibition of, 161; in states, 123 373,390 Suzerainty of Crown over states, 212- Taxes on luxuries, including amnss 25, 323, 441-51; cannot be impaired ments, entertainments, betting and by Indian legislation, 376; or Burman gambling, provincial subject, 259, legislation, 455 · 373,.390 Swat, state, 197 n. 1 Taxes on mineral rights, in general Swaraj, doctrine of, adopted by Indian provincial subject, but partly federal, National Congress (1906), 227 373, 390 Swaraj party, walks out from legis Taxes on professions, trades, callings, lature ( 1925), 284 and employments, provincial sub ject, 259, 373, 390 Taxes on railway fares and rates, Talukdars, Oudh. causes of resentment federal subject, 370; proceeds to go during Mutiny, 154 to provinces, 388 Tanganyika, discrimination against Taxes on the sale of goods and ad Indians in, 477 n. 3 vertisements, provincial subject, 373. Tangier, municipality of. serves as 390 model for Madras, 11; Peterborough's Tea, trade in, continued to Company martial law regulations for, followed under Act of 1813, 127; terminated at Bombay, 31 by Act of 1833, 131 Tanjore, Raja of, defeated, 79; transfers Tea. Duties Act, 1833, 136 governing power to company (1799), Tehri-Garhwal, ~tate (1820 and 1859), ll2 443 Tariff Commission, precursor of Tariff Telegraphs, telephones, wireless, cen Board, 279 tral, now federal subjects, 264,. Taxation, powers of provincial councils 366 to impose fresh, under Act of 1919, Telingas, cease to be recruited for 259; of federation under Act of 1935, Madras army, 189 369, 370, 388--90; of provinces, 373, Tenants, coercive powers over, granted 390, 391 to zamindars, 143; efforts to safe Taxation in which provinces are inter guard interests of, 148, 150, 153, 154; ested, previous sanction to introduc under older system, without legal tion of Bills affecting, 377 redreBB, 63 Taxation of persons subject to juris TenaBBerim, acquisition of, 119; ad diction of Supreme Courts, author ministration of, 139; fixing of bound ized in 1813, 128 ary (1937), 511 37 578 A CONSTITUTIONAL HISTORY OF INDIA Tenure at pleasure or t~erV&nte or by Cornwa.llie (1792), 104; and by Cro"WD. .U4; of judgell or High Court. weilesl.ey (1799), 113 204; altereci under Act of 1935, 420, Titles of honour, regula.ted by Crown, 425 325; et&tea' right to awa.rd, 447; Terminal taxes, under Act of 1919, pro regula.tion of ceremonial, eentraleub vincial subject, 259; under Act of ject under Act of 1919, 26S 1935. federal subject, 370; proceeda Tob&OOO monopoly, Ma.dra.a, aboliabed to go to provinree, 388 (1852), 149 Territorial aequisitiODII or Compa.ny Tochi political agency, 195 recognized in 1767, ·57. Bee SoV&o Tolla, provincial subject., 259, 373 reignty Tonk, state (1817), 117, 44% Territorial force. 281, 403. 404 Torts, law ~ Engliab. iD practioe, Tenitoriallaw, in India inapplicable to 211 English. 21 Trade and CIOII1lllenle within the Territorial sovereignty in India. - province, provincial eubject., 37% quired at Bombay, 9; &t M&draa, 23. ·Trade Dispute. and Trade 'C'niODII A~ 24; at Calcutta. 25, 26, 27 1927. in pan adopted ill India, Territorial waters, of India. 205 %90 Territorial Water& .Jurisdiction Act. Trade-ma.rka, federaleubject, 367, 507 1878.205 Trade rela:tions between India and Territories in India vested in the - Burma. regula.tioa ~ 393. 394, Cro"WD. i.e. governom' and ehiaf com 457 miallionen' provinree, 323 Trade union&,. indliStrial and labour Terrorism, control o~ 313. 433; gcmr disputes. coneumm.t legiala.tive eub nars' duties aa to. 350; in Burma. ject, 255, 375 453 Trading righte, of East India Company, Testa.menta.ry jurisdiction, eonfen"ed 3. 8, 11, 13. 14, 16, 30, 46; continued by cha.rtel1l of 17.26 and 1753, 18; by (1793), 100, 101; iB part (1813), 1.!7; eba.rter of 1774 on Supreme Court of terminated (1833), 131; of ita ear Calcutta.. 73 vante eurta.iled, 7 5 Tha.gi. Bee Thugs Trading with the enemy, regulated by 'l'ha.kurda.s. Sir Purshota.mdaa. eup Crown, 405, 406 porb! Congress. 288 Transfer, &liena.tion, and devolution of Tha.n&, Portuguese judge at, he&m agriculturaJ. land. provincial eubj~ Bombay C&BeB, 31 371 Theatres and dra.ma.tie performa.nces Transfer of Property A~ 188.2, India. and einema.a, provincial subject&, 210 2M_ 255, 372; e&nction of cinemato Transfer of property, other than agri graph. fi1.mB far exhibition, eon cultural land. and registration of emrent eubject, %54. 255, 375 deeds and documents. ~ Theft, de&th penalty for, disapproved legiala.tive list, 374 by Company, 35, 37; imperial legis Transfen"ed subject&, under Mont&gu lation far India. 129 Chelmsfard BCheme, %45, 253, 254 Thibaw, king of Upper Burma (187S-- Transit dues. Madras. abolished (1S44). 1885), overthrow o~ 185 149 Through tnJfic by ra.ilwaya in federa Transition from Act or 1919 to that of tion a.nd fedar&ted etetee. 398, 399 1935. 440, 441 Thugs. suppressed by Sleeman, 147, Trava.ncore, eta.te, direct rela.tiona of, to 162; in native etetes, 120 Viceroy, 441; headqua.rtera of .Ma.d Tibet, rela.tione of India with. 194; raa States Agency, 4!2; juriadictioa sympathy o~ in wa.r, 240 over Europeans in, .222 11.. 2; legia Til&k, BaJ. Ga.ng&dha.r, agitator, 226, lative council of, 443; opening of 228 temples to all eaateB, 511; position of. Tinnevelly, poligara ~ placed under in respect of currency, 449; of British control, 104 euetoma. 449; repreeent&tiOil of. iB Tipu Sulta.n, of Myeore (178.!--99) Federal Assembly, 341; e&h dulliiDot cl&ima to be P&dahah, 102; defeated paid by, 450 II.. 1 INDEX 579 Treaaon. Indian prinoea and eubjecta Uni5cati::nt of Company's and royal may be guilty of. 215; governor foroes, deaiftd by CQrnwallill, 100, genera.!, council. and jodgee aobject . 104. 1 05; accomplished af'ter 1858. to enpreme Coart in respect of. 188, lS9 Unification of Supreme Court and pro Trea.aure'' trove, provincial110bject, 255, vincial courts, propoeed by Hastings, 3j2 85, 87; rejected in 1781, 90; carried Treuury of Bengal. removed t.o Cal out under Crown, 203, 204 cotta. 60 Uniformity of comp&ny law, etc.. aa T.reatiee under Act of 1935. enfo~ ground of federation, 507 ment of, 363. 365; negotiation of, Unincorporated trading, liter&ry,lcien .07, 410, 411; statea and, 219, 220, tific, religioua, and other eocietiea and 410, 411, 450 UiOci&tions, provincial eubject. 372 Treatiee with Indian states. principles Union of South Africa, claime of. aa of interpretation of, 213. 2U regarda Dominion Bt&tue. U2, 463, Treaty {1748) with Franca, restoration 464, 465, 466; govcmor-geoenl'l of Ma.d:ru under, 24; (1763), '19 office diaaociated from High Com n. l m.ia&iooenhlp for Baaat.oland, ete.. Treaty-malting by lriah Free State and 330; relations with India, 238, 407, Union of South Africa. 463 · 41%. 497, 498; aecuree in 1931 full Tribal areas. discretionary powen of power to <« constit11tion. 1'78; governor-general over, 332, 335. 440; eeeb control of native. territories, of governor of Nortb-Weet Frontier 493; withdrawal of railway ma.ttere Province ae agent. 349; nativee of, from control of Parliament, 397 may be enlisted in army, 401; United Company of Mercltantl of discuasion11 or question• on. need England trading to the East lndiea, governor-genenl'a permission, 3!2; formation of (1702). 15, 16; named expenditure on, non-votable, 343 • East India Company (1833), 16. 8~ Tribute to Emperor from Company, 54; East India Company withheld by H&etingB, &7; refused by United .Kingdom, accept. responsi Cornwallis, 103 bility Cor defence of lndit. from Tripura, &tate, «% external aggreasion, tOO. 40'1 TrUstee Act, 1925, 503 United Provinoea of Agra and Oudb, Tru!ltee status of federal lltocks, 39f, lieutenant-governor'• province from ~.-HI J 902, 181; executive government of, Trutltl Act,'I882, 210 181; legislatiTe council of, 182, 183; Trueta and trusteee,. concWTent ~ under Minto-Morley reforms, eieCB lative list, 374 tive of. 231; legisls.tive council of, Trueta (Scot land) Act, 1921, 503 %32; under Mootagu-Chelm8ford .-. Twkey, Sultan of, grant& conceeeioDII forms, governOI"'I province. %47; for Levant trade, 1, .21, 26; Briti8h executive government of. %47; !ll-in» neutrality in ware of. with Greece tera of. 249; JegialatiTe conncil of. and Italy, 408; u ~public, joine 249-59; under Act of 1935. govem League of Nationa, 60i n Aci of 1919, 250; repreeM~ted in Wakil-i-mutlak. title of Peshwa con legislature& und~ At$ of 1935, (87, ferred by Emperor, 102 488 Wana political agency, 195 Upton. Col John, negotiates treaty of Wandiwaah. chief of. granta in 1639, Purandhar (1776). 81 Ma.draa, 23 U.S.S.R. joina League of Nations,~ War, not to be carried on by Company Use of naY&). military, and air forces m without authority of Crown (178!), aid of the civil power, not within 97; Parliament &nd, 166. 167; ~ provincial. legislative pow~. 374. gative of Crown, 324; its exercise by goVl!I'Dment of India, 405 War of London Company against llognl Sikhs in KOfft& Vancouver, attempt of Empire (1686-90). 12; disastrous end gat• JlanJ to force entry into Canada of. 25 at. 238 · War of 19U-19, India's rontribution Vansittart, governor of Bengal Henry, to allied ea.use in. MO, 241 from 17110, suggests IIAlOOrd with M.ir Washington. treaty (1922) of, u to Kaaim 53, (1762). 30, M naval disarmament., 405,409 Vaux, John. judge in Bombay (1685- Water i!Uppliea. eontro1 of. under Act 90). 40, u . of 1935, 385. 386; provincial legis Vellore mutiny, 1806. 157, 1110 lative control of, 371 of VereJst. Ha.ny, governor Bengal W ataon, Admiral Charlea. eommanding (1767-9). appoint& supervisors, 57, royal navy (17... 7). 30 58; criticizes court system of Bengal Waziris. opening of eountry of. 276; under native rule. 62 Northern and Southern Wuiristan Vernaeular Press. controlled during Militia, 196; operations againn Mutiny by Canning. 163. Bee Presa (1937). 494 regulation W edgwood, Sir R., 499 Versailles. treaty (1783) of. guarded Weights &nd mea.sures, provincial sub treatment of sovereignty in. 102 ject., 253. 2M, 372; establishmenli of Versa.illes, treaty (1919) of. provisions atandards of weight. federal subject, a.s to labour conventions under, 369 U1 Wellesley, Colonel Arthur, victor " Vice-Admiral. governor-general iB ez Assaye (1803). lli 406 n. 4 oJJi.cw, WellesJey, Marquess_ govem~-general Viceroy, style of. 324 • {1798-1805), annexes C&matic (1801). Viceroy's commission. to disappear m 112; Surd (1799-1800). ll3; Tan due course, 403 jore {1799). ll2; controls Madraa, Victoria. Queen. beoomea EmpnB of 142; disputes with directors, 140 n.!, India, 167; corresponds direct with 142. n. 1; enforces contzol of Press, governors-general from 1842. 168; 163; fails to suppress suttee. 161; disapprovea of Ellenborough'a recall. plans ea.mpaigns, 1.j, 158; prohibits 136; of execution of Ma.nipur rebele, infanticide, 16:!; secures part of %15; proclamation of. 496 Oudh (1801). 112; of Tipu's territory Victoria Memorial (Calcutta). federal ( 1799). ll3; recalled by directors, aubject. 366 115; subordinate allianoea imposed Village civil courts. Ma.draa, 208 by, on Bhonsle, Holkar, and Sindhia, Village m11DIIiffs in ~n, ~08 _ 114; on Nizam, 113; on Peshwa, Village police. provmCl&l ~bJect. 31_0 113. 114; treatmenl; of Em~ by, Village settlements, expenmenta Wit~ 115, 116 in Ma.draa, 1(8; in Bombay, 151; ~ Western Australian petition for secea North-Western Provinoea. 153; m sion from the Commonwes!th of Punjab. 153, 154. Australia, 465 n. i Western Bengal. Bih&r. and Orissa W a states,. Blll'III.&o 517 {1905-12), 181; eeparated in 1912. Wadgaon. ronvention-{1779) of. 82 23.J,235 Waite, Sir Nichola.s. governor of Bom- Western India States Agency, 442 bay(17~). U Western Kathiawar Agency, 442 INDEX 581 Western Rajputana. States Agency, Wood, Sir Cha.rles. SecretarY of State 442 (1859-65), COIL!Iiders Council of India Westminster, Statuto of. Su Statute valuabl&, 168; dislike~~ discussion of of W 611tminster executive businea~~ by legislature. Westminster, treaty of (1654} accords 173; Jays down principles of reparation for massacre of A.mboyna, educ&tiona.lpoli~, 162 7 Woolwich. entry of India.n11 to. 281; Whaling Industry (Regulation) Act, stopped. 402 n. 1 1934, 364, 376 . . Works, lands, and buildings, federal Wheler, Edward, member of council, and provincial. legial&tive power ~ Fort William (1777), 77; condone' to, 366,370 Hastings' treatment of bega.IIlli of _Wyborn&, Sir John, deputy governor Oudh and Chait Singh, 78 of Bombay (1687-a). 39, 40 Whipping. by Supreme Court judges, Wylli&, Sir W. Curzon. murdered ( 1909}, authorized punishment, 75 n. 1 227 White Paper, containing proposals of. British Government (March 1933), 308, 389, 407 Yalmb Khan, 110n of Sher Ali of Whitehill, John, governor of Madras, Afghanistan, Amir of Kabul. oedee empended from office (1780), 80; Bill Sibi and Pishin (1879), 196 of pains and pena.lties prepa.red Yuva.ra.ja of Ma.n.iplU', a:ecation of against, 93 (1891), 215 Wilberforce, Williem, urges (1793) mi&!!ionary enterprise in India, 160 William lli, authorizea (1694--8) grant Zaminda.ri Court at Calcutta., 49-62; • of cha~l"ll to Old a.nd New Com . superseded, 64 n. 1 panies, 13--15; maintains New Com Za.mindari settlements, in North-Wes pany in powers of Old, 17 tern Provinces, 152; in Madra.&. 148. Willingdon, Earl of, govemor-genenr.l 149; in Pnnja.b, 153 of India (1931~), 277; restof611 Zamindars,. in Bengal, 51, 52 n. I, 61; orderly government in India., 306 judicia.l powel"ll of, 62, 63; jurisdic Wi.lla, intestacy, and succession, con tion of Supreme Court over, 86. 89; · current legislative list, 3U; legia police powers of, 90; taken away Jation on, 211 ( 1792), 107; powBl"ll over tenanta Wilson, James. fina.noe member of given to, 143; restriction of rights oonncil, reforiilli ( 1859-00), Indian over tenants attempted, 109; finance. 185 settlement of land revenue per· Wireless. Su Broadca.sting, Telegraphs Jllanently with, 109, 147; results in Witchcraft, punishment of, at Bombay, · objection to pay cessea for roads, etc., 37 147 Wolverhampton, Lord, Secretary of Zanzibar, iliscrimination against. In State for India (189'-5), on po8ition dian~~ in, 407, 477 n. 3, 497 of Indian government, 176 Zanzibar Ordera in Council, deal with Women, franchise for, under Aot of · subjects of Indian states, 220 · 1919, 250; nnder Aot of 1935, 3Jf, Zetland, Marquees, Secretary of State 357, 359, 438; in Burm&, 453; seats from 1935,481, 482 reaerved for, in federation, Council of Zoological Survey of India, oentral. State. 339, 340; Federal Assembly, now federal subject, 264, 366 353, 487-9;. IIBrvicee open to, 416 Zolftkar, retained by Afghanistan. 193 PRINTED BY JARltOLJ> AJI'D SONS LTD. RO&WICH