scheme, the number of appointments made in England was in 1880 reduced by one-sixth. The persons appointed under the rules were often described as 'statutory civilians,' and about sixty natives of India had been so appointed when the system was changed in 1889. The rules did not work satisfactorily, and in 1886 a commission, under the presidency of Sir Charles Aitchison, was appointed by the Government of India with instructions to devise a scheme which might reasonably be hoped to possess the necessary elements of finality, and to do full justice to the claims of natives of India to higher employment in the public service.'

Under the scheme established in pursuance of the recommendations of Sir Charles Aitchison's commission a provincial civil service has been formed by the amalgamation of the higher appointments in what was previously known as the uncovenanted civil service with a certain number of appointments previously held by the covenanted civil service. The lower grade appointments of what had been the uncovenanted civil service are now styled the 'subordinate service.' There are thus three classes of the general civil service, (1) the Civil Service of India, (2) the Provincial Service, and (3) the Subordinate Service. The Civil Service of India is recruited by open competition in England. The other two services are recruited provincially and consist almost entirely of natives of the province. The provincial service is fed mainly by direct recruitment, but, in exceptional cases, by promotion from the subordinate service. In the executive branch the lowest grade in the provincial service is the deputy collector, the highest in the subordinate service is the tahsildar. Judicial officers of all grades belong to the provincial service 1.

Besides this general service, there are special services such as the education department, the public works department, the forest department, and the police department. Appointments to the highest posts in these departments are as a rule

1 As to the proportion of Englishmen in the Indian Civil Service, see Strachey, India, p. 82.

The

chartered high courts.

made in England. The other posts are recruited provincially, and are, like posts in the general service, graded as belonging either to a provincial service, or to a subordinate service 1.

It is only with reference to the four chartered high courts that the judicial system of India is regulated by English statute. Under the Regulating Act of 1773 (13 Geo. III, c. 63), a supreme court was established by charter for Calcutta, and similar courts were established for Madras in 1800 (39 & 40 Geo. III, c. 79), and for Bombay in 1823 (4 Geo. IV, c. 71). The Act of 1781 (21 Geo. III, c. 70) recognized an appellate jurisdiction over the country courts established by the Company in the Presidency of Bengal 2.

The Indian High Courts Act, 1861 (24 & 25 Vict. c. 104), amalgamated the supreme and sadr courts at the three presidency towns (that is to say, the courts exercising the jurisdiction of the Crown and the appellate and supervisional jurisdiction of the Company at those towns), by authorizing the establishment of chartered high courts inheriting the jurisdiction of both these courts. The charters now regulating these high courts were granted in December, 1865. The same Act authorized the establishment of a new high court, and accordingly a charter establishing the High Court at Allahabad was granted in 1866.

Each of the four chartered high courts consists of a chief justice, and of as many judges, not exceeding fifteen, as His Majesty may think fit to appoint 3.

A judge of a chartered high court must be either—

(a) a barrister of England or Ireland, or a member of the Faculty of Advocates in Scotland, of not less than five years' standing; or

(b) a member of the civil service of India of not less than ten years' standing, and having for at least three years served as, or exercised the powers of, a district judge; or

1 See East India (Progress and Condition) Decennial Report, 1904, pp. 58-60. 2 See above, p. 57.

3

Digest, s. 96.

(c) a person having held judicial office not inferior to that of a subordinate judge, or judge of a small cause court, for not less than five years; or

(d) a person having been a pleader of a high court for not. less than ten years 1.

But not less than one-third of the judges, including the chief justice, must be barristers or advocates, and not less than one-third must be members of the civil service of India 1.

Every judge of a chartered high court holds office during His Majesty's pleasure 2, and his salary, furlough, and pension are regulated by order of the Secretary of State in Council". Temporary vacancies may be filled by the Governor-General in Council in the case of the high court at Calcutta, and by the local government in other cases *.

The jurisdiction of the chartered high courts is regulated by their charters 5, and includes the comprehensive jurisdiction formerly exercised by the supreme and sadr courts. They are also expressly invested by statute (24 & 25 Vict. c. 104, s. 15) with administrative superintendence over the courts subject to their appellate jurisdiction, and are empowered to(a) call for returns ;

(b) direct the transfer of any suit or appeal from any such court to any other court of equal or superior jurisdiction;

(c) make general rules for regulating the practice and proceedings of those courts;

(d) prescribe forms for proceedings in those courts, and for the mode of keeping book entries or accounts by the officers of the courts; and

(e) settle tables of fees to be allowed to the sheriffs, attorneys, clerks, and officers of the courts".

2 Ibid. 97.

3 Ibid. 99. 5 Printed in Statutory Rules and Orders Revised, vol. vi.

1 Digest, s. 96.

6 Digest, s. 101.

4 Ibid. 100.

7 Ibid. 102.

Jurisdic

tion of

English

But these rules, forms, and tables are to be subject to the previous approval of the Government of India or of the local government1.

The business of the chartered high courts is distributed among single judges and division courts in accordance with rules of court, subject to any provision which may be made by Act of the Governor-General in Council 2.

The Governor-General in Council may by order alter the local limits of the jurisdiction of the several chartered high courts, and authorize them to exercise jurisdiction over Christian subjects of His Majesty resident in Native States".

The old enactments requiring the chartered high courts, in the exercise of their original jurisdiction with reference to certain matters of which the most important are inheritance and succession, when both parties are subject to the same law or custom, to decide according to that law or custom, and when they are subject to different laws or customs, to decide according to the law of the defendant, are still in force, subject to such modifications as have been or may be made by Indian legislation *.

Traces of the old conflicts between the supreme court and the governor-general's council are still to be found in enactments which exempt the governor-general and the governors of Madras and Bombay and members of their council from the original jurisdiction of the chartered high courts in respect of anything counselled, ordered, or done by any of them in their public capacity, from liability to arrest or imprisonment in any civil proceeding in a high court, and from being subject to the criminal jurisdiction of a high court in respect of any misdemeanour at common law or under any Act of Parliament. Nor are the chartered high courts to exercise original jurisdiction in revenue matters".

The highest officials in India are exempted from the jurisdiction of the Indian chartered high courts, but under enact

1 Digest, s. 102.

4 Ibid. 108.

2 Ibid. 103.

5 Ibid. 105.

3 Ibid. 104. 6 Ibid. 101.

over

ments which are still in force1 certain offences by persons courts holding office under the Crown in India are expressly made offences punishable as misdemeanours by the High Court in England. These offences are:

(1) Oppression of any of His Majesty's subjects;

(2) Wilful breach or neglect of the orders of the Secretary

of State;

(3) Wilful breach of the trust and duty of office;

(4) Trading; and

(5) Receipt of presents.

Under an Act of 1797 (37 Geo. III, c. 142, s. 28), any British subject 2 who, without the previous consent in writing of the Secretary of State in Council, or of the GovernorGeneral in Council, or of a local Government, is concerned in any loan to a native prince, is guilty of a misdemeanour.

in India.

in India.

Any of these offences may be tried and punished in England, but the prosecution must be commenced within five years after the commission of the offence or the arrival in the United Kingdom of the person charged, whichever is later3. Supreme authority over the army in India is vested by law The army in the Governor-General in Council 4. Under the arrangements made in 1905 the commander-in-chief of His Majesty's Forces in India has charge of the Army Department, which to a certain extent corresponds to the War Office in England. Subject to the administrative control of the Governor-General in Council, the same commander-in-chief is also the chief executive officer of the army. Under the system in force before the changes introduced by the Act of 1893 he held special command of the troops in the Bengal Presidency, and exercised a general control over the armies of Madras and Bombay. Each of these armies had a local commander-in-chief, who might 1 Digest, s. 117.

2 This probably means any European British subject. See Digest, s. 118. This is the period fixed by 21 Geo. III, c. 70, s. 7. But the period under 33 Geo. III, c. 52, s. 141, is six years from the commission of the offence and a shorter period is fixed by the general Act, 56 & 57 Vict. c. 61. See Digest, s. 119.