Amending Act of 1781 PDF: On 5th July 1781, the act was passed. The reason behind the passing of the Act was to remove the defects of Regulating Act of 1773.
It is Also Known with the names of Declaratory act or Act of Settlement.
The Act was mainly focused on the Relationship between Supreme Court and Governor General in council.
Key Provisions of the Act: Limiting Powers of Supreme Court
As Regulating Act was passed in 1971 there started a tussle between the Supreme Court and the Governor-General in council. Hence this was done by regulating the powers of the Supreme Court in favor of the Governor-General in council.
Also Read: Charter Act of 1833
The main provision are as follows:
Restricted Jurisdiction of the Supreme Court: The Regulating Act of 1773 has made the company came within the jurisdiction of the Supreme Court. Hence they are getting under the DUAL control of
- Governor-General in council.
- Supreme Court.
Hence the Act of 1781 Exempted the action of the public servant in the company in the official capacity.
The list of exemption was extended to Revenue collector (Zamindar also included) and Judicial officers of the company court.
Geographic jurisdiction was limited to Calcutta only.
Revenue Matters and matter arising in collection of revenue were EXCLUDED from the jurisdiction of Supreme Court.
Supreme Court Administer personal law of defendants and there was separate for Hindu and Muslims. Hindu According to Hindu Law and Muslims according to Muhammadan law.
Appeals from provincial courts was made to Governor General in council and NOT to the Supreme Court.
Hence only empowerment of Governor general in council was done to frame the regulation for provincial courts.
The above discussion makes it clear that the Amending Act of 1781 was the first attempt in India towards the separation of the executive from the judiciary by defining the respective areas of jurisdiction.
Summarising the above act:
- Restricted Jurisdiction of The SC.
- Revenue collector and Employees Exempted.
- Law to be administered to the natives.
- Power to govern general in council.
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A Brief About Amending Act of 1781 PDF
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