Evolution of Social and

Constitutional

Policies and Legislations

PRIVY COUNCIL and FEDERAL COURT : An Appraisal
 PRIVY COUNCIL and FEDERAL COURT

: The judicial history of India underwent significant transformations under British rule, with two key institutions—the Judicial Committee of
the Privy Council (JCPC) and the Federal Court of India (FCI)—playing a crucial role in shaping India’s legal framework. This appraisal
examines their functions, interactions, and legacy.
1. The Privy Council: India’s Apex Court Under Colonial Rule

The Judicial Committee of the Privy Council (JCPC) was the highest appellate authority for India from the 18th century until 1950. It was an
imperial institution based in London that heard appeals from British colonies, including India.

Key Features:
• Established as the final court of appeal for Indian cases under the Regulating Act of 1773 and later reinforced by the Charter Act of 1833.
• Initially heard appeals from the Supreme Courts in Presidency towns (Calcutta, Bombay, Madras) and later from High Courts after 1861.
• It was composed of British judges who interpreted and enforced colonial laws.
• It provided legal consistency across British territories but was criticised for its pro-British bias and inaccessibility for common Indians.
Major Contributions:

• Developed the doctrine of basic structure, laying the foundation for constitutional supremacy in later Indian jurisprudence.
• Contributed to the evolution of contract law, property rights, and criminal justice in colonial India.
• Decisions of the Privy Council influenced Indian legal principles even after independence.

Criticism:

• Expensive and time-consuming process, as cases had to be taken to London.

• Perceived as favoring British interests over Indian concerns.
• Often delayed justice due to geographical and bureaucratic hurdles.
 THE FEDRAL
COURT OF INDIA
The Federal Court of India (FCI) was established under the Government of India Act, 1935, to handle
constitutional disputes and serve as the highest appellate court for certain cases.

Key Features:
• Had original, appellate, and advisory jurisdiction but was still subordinate to the Privy Council.
• Handled disputes between provinces and the central government, marking a step toward a federal judicial
system.
• First court in India to interpret the Government of India Act, 1935, the de facto constitution before 1950.

Major Contributions:
• Strengthened federalism by resolving conflicts between provinces and the British government.
• Laid the groundwork for judicial review, which later became a fundamental feature of Indian democracy.
• Played a transitional role in preparing India’s judiciary for the post-independence era

Limitations:
• Could not exercise full sovereignty as appeals could still be made to the Privy Council.
• Limited jurisdiction, excluding certain criminal and civil matters.
 Transition to the
Supreme Court of
India ( 1950 )
• The Federal Court of India was created as per the Government of India act

• This court settled disputes between provinces and federal states and heard appeals against
judgements of the high courts.

• After independence, the Federal Court and the Judicial Committee of the Privy Council were replaced
by the Supreme Court of India, which came into being in January 1950.

• The Constitution of 1950 envisaged a Supreme Court with one Chief Justice and 7 puisne Judges.

• The number of SC judges was increased by the Parliament and currently, there are 34 judges including
the Chief Justice of India (CJI).
Development Of Legal Profession
And Law Reporting
 INTRODUCTION
The legal profession is one of
society’s oldest and most
esteemed professions. Those
engaged in the legal profession are
commonly known as advocates or
lawyers. As officers of justice and
friends of the court, advocates play
a crucial role in the administration
of justice. The legal profession in
India is influenced by ancient
traditions,colonial rule, and post
independence reforms.This project
examines the historical
development of the legal
profession and law reporting in
India.
 HISTORICAL BACKGROUND
Legal Profession In Ancient India:

In ancient India, the concept of a specialised legal

profession had not yet taken shape. Instead, justice was
dispensed by tribal leaders or kings who wise courtiers and
religious heads advised. These sages, known for their
wisdom, resolved disputes and delivered judgments based
on Hindu religious tenets and customs. There were no
lawyers as we understand them today, but rather
respected individuals who acted as mediators and
counsellors.

Legal Profession In Medieval India:

The medieval period saw the emergence of the legal

profession as parties in litigation appointed vakils
(representatives) to present their cases in court. However,
these vakils functioned more as agents for the parties
rather than lawyers in the modern sense. They were paid a
percentage of the amount in the suit as their fees. The
legal profession at this time lacked organisation and a
structured framework.
 Legal Profession In British
India:

During the British colonial period in

India, the legal system underwent
several significant developments
that laid the groundwork for the
organised legal profession we
recognise today. There were certain
key charters, acts such as charter
act of 1726 & 1753 and Bengal
regulations act that shaped the
evolution of the legal profession
during British India.
 Law reporting in pre-independent India

- Early Development (Pre-1861): Informal and inconsistent records; private

initiatives began documenting cases.

- High Courts Established (1861): Formalized law reporting; significant reports

emerged from Bombay, Madras, and Calcutta.

- Indian Law Reports Act, 1875: Regulated citations; aimed to restrict reliance on
non-official reports but faced criticism.
 POST-INDEPENDENT ERA
Legal Profession in India After Independence

After gaining independence, India embarked on a journey to reform and

modernise various sectors, including the legal profession. The legal
profession in India saw a significant transformation with the enactment
of the Advocates Act of 1961. This landmark legislation aimed to bring
about utility and dignity in the legal profession on an All-India basis.

Law reporting in India after Independence

Post-independence, law reporting in India evolved significantly. Official

reports like Supreme Court Reports and Indian Law Reports were
published alongside private reports such as All India Reporter. The Law
Commission, established in 1955, recommended reforms to improve law
reporting accessibility and efficiency
 CONCLUSION
The Indian legal profession has undergone significant
transformation, evolving from its colonial origins to
become a vital pillar of the nation's democracy. The
establishment of regulatory bodies, enactment of crucial
legislation, and emphasis on legal education have
shaped a robust legal system. As India continues to
integrate into the global economy, the legal profession
faces new challenges and opportunities, adapting to
meet the changing needs of society and commerce.
The Abolition of Sati Act ,1828
 The Roop Kanwar Case (1987)
Incident:
• Roop Kanwar, an 18-year-old widow, allegedly self-immolated
on her husband’s funeral pyre on September 4, 1987, in Deorala
village, Rajasthan.

• Thousands of villagers reportedly witnessed the event, and many

celebrated it as an act of devotion, while others suspected
coercion.

• The case sparked nationwide outrage, with feminists and activists

arguing that she was forced or pressured into committing Sati.

• In response, the Indian government enacted the Commission of

Sati (Prevention) Act, 1987, making the glorification or abetment of Sati
a criminal offense.

• Despite multiple arrests, no one was convicted due to lack of

evidence and social pressures in the village.

This was not the only case since abolition of sati since independence in 1947 to
1987. 28 cases has been registered in India with incidents of sati.

The roop Kanwar is famous to be known as last sati case but after this 24 girls
were also stopped from doing sati
 The
History
of
Sati
Mythological Origins: The Story of Sati and Shiva
The practice of Sati finds its roots in Hindu mythology, particularly in the story of Goddess Sati and Lord Shiva. According to Hindu texts, Sati was
the daughter of King Daksha, who disapproved of her marriage to Shiva. When Daksha insulted Shiva and did not invite him to a grand yajna
(sacrifice),
Sati, unable to bear the humiliation, self-immolated in protest. Upon hearing this, Shiva, enraged, performed the Tandava (cosmic dance of
destruction) and carried Sati’s burning body across the universe. To calm his rage, Lord Vishnu intervened and cut Sati’s body into pieces, which fell
across India, forming the Shakti Peethas (sacred sites). Though this mythological event was about devotion and protest, later interpretations
Sati in the Mauryan Period (321 BCE - 185 BCE)
During the Mauryan dynasty, which was known for its structured governance
and moral policies, the prevalence of Sati is debated.
• The Mauryan emperor Ashoka the Great (r. 268-232 BCE), a strong
advocate of Buddhism, actively promoted non-violence (Ahimsa). His Dhamma
policies discouraged harmful social practices, and there is no strong evidence
that Sati was widely practiced at this time.
Sati in the Gupta Period (320 CE - 550 CE)
The Gupta Empire is considered the golden age of Hindu culture, and during
this period, Sati became more noticeable in historical records.
• Fa-Hien, a Chinese Buddhist traveler who visited India in the 5th century
CE, does not mention Sati, suggesting it was not yet widespread.
• The first concrete historical evidence of Sati comes from the Eran
Inscription (circa 510 CE) in Madhya Pradesh, where a woman is said to
have self-immolated after her husband’s death in battle.
• The Dharmashastras (ancient Hindu law texts) from this era present
mixed views—some allowing widow remarriage while others idealizing self-
immolation as an act of supreme devotion. By the end of the Gupta period, Sati
was becoming more entrenched in certain warrior and aristocratic communities,
particularly in Rajasthan and other northwestern regions.
 Manu & Yagyawaliya Smriti
Both the main smriti of hindu
dharma have not mentioned
anything about sati and customs
to follow.

Many pandits and priests

influenced the shloks of texts
telling everyone to follow such
immoral customs.

It was Fredrick Max Muller who

translated the scripts and found
out. How people are influenced
to follow such customs on the
name scripts
Max Muller
 The First Evidence of Sati in
India

It was not unit 5th century BCE the first incident of sati was reported in Nepal
than in India with a scriptural evidence of ‘Eran’ scripts in Madhya Pradesh. It
was the first time there was a mention of sati somewhere in written.

Than it the inscriptions of ‘Thriuwalangadu’ copper plates dated 10th century

BCE. Where it mentions the sati of grandmother of ‘Rajendar chola I’.

Than the Iranian traveller ‘Al beruni’ mentioned it was not forced on widow but
was choice for them.

A Moroccan traveller ‘ Ibn Batuta’ mentioned 3 incidents of sati.

JAUHAR
By historians it was found that
major prints of sati was started
during 7th century BCE. The
time of Islamic invasion.

Where high class like

brahamans and the warrior
class followed the practice of
JAUHAR.

To the following lower class

started the sati to protect the
women after them. So they
don’t have to face the cruelty
and being sex slave to the
islamic rulers.

Many islamic rulers like

Jhangeer and Aurangzeb tired
to stop sati from happening
Britishers Role Abolishment of Sati
The most recorded cases of sati
in history of India were at the
time of early British era majorly
in Bengal.

And the surveys revealed from

1818 to 1824 more than 7000
widows became victims of sati

Britishers benefited best from

this and started convincing
Indians to convert in to catholic
Christians.

At he end with major contribution

of ‘Raja Ram Mohan Roy’. The act
of 1828 came for abolishment of
sati in India officially.
Declared Sati Illegal and Punishable – The act made the practice of sati a criminal
offense. Enactment of the Act and Its Aftermath
Punishment for Encouragement or Participation – Those who forced, encouraged,
or assisted in the practice could face severe penalties, including the death sentence or
life imprisonment.
Applied to the Whole of British India – Initially, the act was implemented in
Bengal Presidency (December 4, 1829), but later it was extended to other regions.
1. Opposition and Resistance
There was strong opposition from orthodox Hindu groups, who argued that banning sati
interfered with religious traditions. Some sections of society protested, and petitions
were sent to the British Parliament against the law.
2. Decline of Sati Practice
The act significantly reduced the occurrence of sati, though isolated incidents
continued in some parts of India. Over time, stricter enforcement and changing social
attitudes led to its near disappearance.

Conclusion
The Abolition of Sati Act, 1829, was a turning point in Indian social history. It not
only ended a brutal and oppressive tradition but also marked the beginning of
legal interventions in social customs under British rule. Though there was initial
resistance, the law was a significant step toward women’s rights and social
THE ABOLITION OF SLAVERY ACT,
1833
A Landmark Legislation in Human Rights History
 Introduction to the Abolition of Slavery
Act, 1833
• The Abolition of Slavery Act was
a crucial moment in the fight
against slavery in the British
Empire.

• Passed in 1833, it marked the

end of slavery in most parts of
the British Empire.

• It was a culmination of years of

campaigning, protest, and
reform efforts by abolitionists,
enslaved people, and public
figures.
 The Context of Slavery in the British
Slavery was legal and
widespread in British Empire
colonies, particularly in the
Caribbean and parts of
Africa.

Enslaved people were forced

to work on plantations,
primarily in sugar, tobacco,
and cotton industries.

Britain’s economy heavily

relied on the exploitation of
enslaved labor, leading to a
strong vested interest in
maintaining slavery.
 What Did the Act Do?
• Abolished slavery in the British Empire, except for territories
controlled by the East India Company.

• Emancipation of 800,000 enslaved people across the British

Caribbean, Canada, South Africa, Mauritius, and other
colonies.

• Enslaved individuals over the age of six were legally free

after 1st August 1834.

• Compensation was given to slave owners, who were paid £20

million (a vast sum at the time) for the loss of "property."
Global Implications: How the Act
Affected India
While the Abolition of Slavery Act freed enslaved people in
British colonies, it did not immediately end exploitation in
India.
The Indian Slavery Act of 1843 sought to address slavery in
India, but many forms of forced labor, such as the Zamindari
system (feudal land system), persisted for years.
India's involvement in the British Empire's economic system
through the export of raw materials and the import of
indentured laborers was an extension of the legacy of
slavery.
The Indian abolition movement was influenced by British
abolitionists, but it also developed uniquely with figures like
Dr. B.R. Ambedkar later working to dismantle the caste-based
slavery system.
 The Legacy of the Abolition of
Slavery Act
The British government
borrowed money to
compensate slave owners,
leading to a debt that was
paid off in 2015.

Continued struggles for

freedom and equality by
former enslaved people,
leading to civil rights
movements.

Reflection of Britain’s role in

the global fight for freedom.
 Immediate Consequences of the Abolition
• Enslaved people were legally free but
faced many challenges (economic
instability, discrimination).

• Transition from slavery to

apprenticeship system (ended in 1838)
where former enslaved people had to
work for wages, but under restricted
conditions.

• Economic consequences for plantation

owners who received compensation for
the loss of "property."

• The Act did not apply to India and other

regions controlled by the East India
Company.
 CONCLUSION
The Abolition of Slavery Act 1833 was
a monumental step toward the end of
the transatlantic slave trade and the
broader abolition movement.

Although the Act was an essential

victory, the road to true freedom and
equality for former enslaved people
was long and difficult. Caption

The legacy of this Act continues to

impact society today, as it
contributes to ongoing conversations
about human rights, freedom, and
justice.
Caption
The Caste Disabilities Removal Act
of 1850
 Introduction
The Caste Disabilities Removal Act of 1850 was a
significant piece of legislation enacted by the British
government in India. This Act aimed to address
discrimination faced by individuals who converted to
different religions, particularly Christianity, and sought
to ensure that they retained their property and
inheritance rights. It was a landmark move towards
social and legal reforms in colonial India.
 Provisions Act ensured that the
•
• Act stated that the
civil rights of converts
conversion of an
were protected under
individual from
British law, reducing the
Hinduism to another
influence of traditional
religion would no
Hindu legal practices
longer result in the
that discriminated
loss of property or
against converts.
inheritance rights.
• It provided a legal
• It
aimed to remove
framework for upholding
the legal disabilities
individual rights over
imposed on
religious and social
individuals based on
customs that promoted
their religious
exclusion and
choices.
 Impact
• Legal Protection for Converts: The Act
provided legal security to individuals who
converted to Christianity or any other
religion, allowing them to retain their
property and inheritance rights.
• Encouragement for Religious Conversion: By
removing economic penalties associated
with conversion, the Act indirectly
encouraged conversions to Christianity,
which aligned with British missionary
activities in India.
• Resistance from Hindu Society: Many
sections of Hindu society opposed the Act, as
they saw it as interference in traditional
customs and a threat to the caste system.
• A Step Towards Legal Reform: The Act
marked a shift in British policy towards
 Conclusion
The Caste Disabilities Removal Act
of 1850 was a crucial legal reform
that challenged caste-based
discrimination in matters of
inheritance and property rights.
While it provided relief to religious
converts, it also stirred opposition
from orthodox sections of Indian
society. This Act was an early step
in the broader spectrum of legal
and social changes that would
eventually shape modern India's
legal system. It highlighted the
tensions between tradition and
modernity, individual rights, and
communal customs under British
Hindu Widow’s Remarriage Act , 1856
 Introduction
The Hindu Widows’ Remarriage Act, 1856
was a groundbreaking reform that challenged
deep-rooted traditions, granting widows the
legal right to remarry. Spearheaded by Ishwar
Chandra Vidyasagar, it marked a crucial
step towards gender equality in India, paving
the way for future legal advancements in
women’s rights and social justice.
 History
Status of Hindu Widows Before 1856:
• Forced to live an austere life (shaved heads, white
clothing, social isolation).
• No right to remarry; seen as a burden on families.
• Faced economic hardships and dependency.
Social and Religious Restrictions on Remarriage:
• Orthodox Hindu beliefs considered widow remarriage
sinful.
• Societal norms promoted “Sati” (self-immolation) and
lifelong mourning.
Need for Legal Intervention:
• Social reformers recognized the injustice and
campaigned for change.
• Ishwar Chandra Vidyasagar pushed for widow
remarriage rights.
 Ishwar - The Step
Taker
Ishwar Chandra Vidyasagar was a key figure in the
fight for widow remarriage in India. A social
reformer and scholar, he strongly opposed
regressive Hindu customs that deprived widows of
dignity and second chances at life. He used his
deep knowledge of Sanskrit scriptures to challenge
orthodox beliefs, proving that widow remarriage
was not against Hindu traditions. Vidyasagar
tirelessly advocated for legal reform, writing
petitions, gathering public support, and persuading
British authorities.
 Impact of the Act
The Hindu Widows’ Remarriage Act, 1856, was a major step towards social reform in
India, granting widows the legal right to remarry. It challenged orthodox beliefs and
encouraged progressive thinking, especially in urban areas. Although the law was
passed, social acceptance remained limited, and widow remarriage was still
stigmatized, especially in rural and high-caste communities. Over time, the act
inspired future legal reforms promoting women’s rights. It laid the foundation for
gender equality, influencing later movements for women’s education, property
rights, and social upliftment, marking a significant shift in India’s fight against
oppressive traditions.
 Legal
Developments &
Present Scenario
Since the Hindu Widows’ Remarriage Act, 1856, India has
made significant legal progress in women’s rights. Laws like
the Hindu Succession Act, 1956, and the Prohibition of Child
Marriage Act, 2006, have strengthened women’s legal
status. Today, widow remarriage is legally accepted, and
widows have equal rights in inheritance, property, and
remarriage. However, in some rural areas, social stigma still
persists, and widows face discrimination. Government
initiatives and NGOs now work to support widows through
welfare schemes, education, and financial aid, promoting
women’s empowerment and social inclusion in modern
India.
 Conclusion
The Hindu Widows’ Remarriage Act, 1856, was a
landmark step in India’s social reform, challenging
deeply rooted traditions and advocating for women’s
rights. Although it faced strong resistance, it laid the
foundation for future legal and social changes. Over
time, India has progressed with laws promoting gender
equality and widow welfare, but societal stigma still
lingers in some areas. Continuous efforts through
education, legal reforms, and awareness campaigns
are necessary to achieve true empowerment. The act
remains a symbol of progress, inspiring further
movements towards justice, equality, and social
upliftment for women in India.
Female infanticide prevention
act, 1870
 Background
The Female Infanticide Prevention Act of 1870 was
enacted in British India in response to the
widespread practice of female infanticide,
particularly in regions like Punjab, Oudh, and the
North-Western Provinces. This practice was driven
by socio-economic pressures, such as the dowry
system and cultural preferences for male children.
British colonial authorities became aware of the
issue through reports in the late 18th and early 19th
centuries, with reformers and Christian missionaries
advocating for legislative intervention.The British
government, passed the Act to criminalize the killing
or neglect of female infants, imposing penalties
such as fines and imprisonment for offenders. While
the law helped raise awareness about gender
discrimination, its impact was limited due to cultural
biases. Nevertheless, it marked an important step
toward protecting female children and laid the
groundwork for future women's rights reforms in
India.
Provisions of the
Act
Prohibition of Female
Infanticide: The Act explicitly
made it illegal to kill or abandon
female infants. It was
introduced to address the
widespread practice of female
infanticide, particularly in
regions like Punjab, where
cultural preferences for male
children led to the killing or
neglect of female infants.
Punishment for Offenders: The law prescribed
severe penalties for those found guilty of female
infanticide. Offenders could face imprisonment for a
specified period, along with monetary fines. Those
who directly committed the infanticide or played a
role in it were subject to these punishments.

Focus on Specific Regions: The Act was

)

particularly enforced in areas where the practice of

female infanticide was most prevalent. The British
government targeted regions such as Punjab, where
socio-cultural biases led to a preference for male
children, and where female infanticide had become a
worrying trend.

Legal Accountability and Reporting: The Act held

individuals accountable not only for committing the
act of infanticide but also for aiding, abetting, or
conspiring in it. It required local authorities to
monitor communities, report suspected cases of
infanticide, and take legal action against those found
guilty, ensuring that no one involved in the practice
Raised Awareness of Gender Discrimination:
Impact
The Act highlighted the issue of gender-based
discrimination and the preference for male children,
raising awareness about the vulnerability of female
infants in certain regions. It brought the issue of female
infanticide to the forefront of social and legal discussions
during the colonial period.

Foundation for Future Legal Reforms:

The Act laid the groundwork for future legal reforms
related to women's rights in India. It was one of the first
legal steps taken by the British colonial government to
address gender-based violence and discrimination. Later
legislation, especially after India’s independence in
1947, built upon such efforts to further protect women
and girls.

Impact on Social Change:

While the law alone couldn't completely eradicate the
practice, it contributed to social change over time. The
Act spurred some discussion on the status of women and
the need for gender equality. It gradually helped foster a
climate in which practices like female infanticide
became less accepted, even though these deep-rooted
 Conclusion
The Female Infanticide Prevention Act of 1870
was a significant legal measure aimed at
stopping the practice of female infanticide in
colonial India. While it prohibited the killing or
abandonment of female infants and imposed
penalties on offenders, its impact was limited
due to cultural preferences for male children
and challenges in enforcement. Despite its
limited success in eradicating the practice, the
Act played an important role in raising
awareness about gender-based discrimination
and laid the foundation for future legal reforms
aimed at protecting women and promoting
gender equality in India.