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But these rules, forms, and tables are to be subject to the previous approval of the Government of India or of the local government
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 4.
Traces of the old conflicts between the supreme court and the gover nor-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
· Digest, s. 102.
6 Ibid. 101.
Jurisdiction of English
3 Ibid. 104.
2 Ibid. 103
ments which are still in forcel 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. in India. These offences are :
(1) Oppression of any of His Majesty's subjects ;
of State ;
Under an Act of 1797 (37 Geo. III, c. 142, s. 28), any British subject? 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.
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 later 3. Supreme authority over the army in India is vested by law The army
in India. 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
Digest, s. 117 * This probably means any European British subject. See Digest, s. 118.
3 This is the period fixed by 21 Geo. III, c. 70, 8. 7. But the period under 33 Geo. III, c. 52, 8. 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.
* See ibid. 36.
be, and in practice always was, appointed a member of the governor's executive council, and the local Government of the presidency had certain administrative powers in military matters. This system of divided control led to much inconvenience, and by an Act of 1893 (56 & 57 Vict. c. 62) the offices of the provincial commanders-in-chief were abolished, and the powers of military control vested in the Governments of Madras and Bombay were transferred to the Government of India.
The administrative arrangements under the Act of 1893 came into force on April 1, 1895. The Army of India was then divided into four great commands, each under a lieutenant-general, the whole being under the direct command of the commander-in-chief in India and the control of the Government of India. In 1904 one of the commands was abolished, and the army is now organized in three commands and two independent divisions, one of which, however, will probably be absorbed into one of the commands.
The army in India consists, first, of His Majesty's forces, which are under the Army Act, and, secondly, of the native troops, of which the British officers are under the Army Act, whilst the remainder are under the Indian Articles of War, an Act of the Indian Legislaturel. In 1905 the total strength was nearly 231,000 men of all arms, of whom rather more than 78,500 (including the British officers of the Indian Army) were British. This is exclusive of the active reserve, in process of formation, consisting of men who have served with the colours in the Native Army from 5 to 12 years, and numbering now about 24,500 men, and of the volunteers, about 32,000 in number, enrolled under the Indian Volunteers Acts (XX of 1869, as amended by X of 1896).
When the Native Army was reorganized in 1861, its British officers were formed into three' staff corps,' one for each of the three armies of Bengal, Madras, and Bombay. The officers of the corps were, in the first instance, transferred from the East India Company's army, and were subsequently drawn from British regiments. In 1891 the three staff corps were amalgamated into a single body, known as the Indian Staff Corps. In 1902 the use of the term 'Staff Corps' was abandoned, and these officers are now said to belong to the Indian Army. The number of their establishment is nearly 3,200. They are recruited partly from young officers of British regiments and batteries in India, and partly by the appointment of candidates from the Royal Military College, Sandhurst, to an unattached list, from which they are transferred to the Indian Army after a year's duty with a British regiment in India. After passing examinations in the native language and in professional subjects, an officer of the Indian Army is eligible for staff employment or command in any part of India. The officers of the Indian Army are employed not only in the Native Army and in military appointments on the staff, but also in a large number of civil posts. They hold the majority of appointments in the Political Department, and many administrative and judicial offices in nonregulation provinces. The Charter Acts of 1813 and 1833 provided for the appoint- Ecclesi
1 Act V of 1869, as amended by Act XII of 1894.
astical ment of bishops at Calcutta, Madras, and Bombay, and
establishconferred on them ecclesiastical jurisdiction and power to ment. admit to holy orders. These provisions are still in force 1, but the bishops who have been since appointed for other Indian dioceses, such as the diocese of Lahore, do not derive their authority from any Act of Parliament. The salaries, allowances, and leaves of absence of the Indian bishops and archdeacons are regulated by the King or by the Secretary of State in Council 2.
The provisions summarized above include all the matters Subsirelating to the administration of India which are regulated diary proby Act of Parliament, with the exception of some minor points relating to salaries, leave of absence, temporary appointments, and the like. Digest, ss. 110-112.
· Ibid, 113, 114.
The salaries and allowances of the governor-general and the governors of Madras and Bombay, and of their respective councils, of the commander-in-chief, and of lieutenantgovernors, are fixed by order of the Secretary of State in Council, subject to limits imposed by Act of Parliament 1.
Return to Europe vacates the offices of the governorgeneral, of the governors of Madras and Bombay, and the members of their respective councils, and of the commanderin-chief?, except that members of council can obtain six months' leave of absence on medical certificate 3.
There is power to make conditional appointments to the offices of governor-general, governor, and member of council 4.
If a vacancy occurs in the office of governor-general when there is no successor or conditional successor on the spot, the Governor of Madras or Bombay, whichever is senior in office, fills the vacancy temporarily.. A temporary vacancy in the office of Governor of Madras or Bombay is filled by the senior member of council 6. Provision is also made for filling temporary vacancies in the offices of ordinary or additional members of council.
Absence on sick leave or furlough of persons in the service of the Crown in India is regulated by rules made by the Secretary of State in Council?. The distribution of patronage between the different authorities may also be regulated in
like manner 8. Adminis- The administrative arrangements which have been sumtrative
marized above depend mainly, though not exclusively, on arrangements not Acts of Parliament. To describe the branches of adminisdependent on Acts tration which depend not on Acts of Parliament, but on of Parliament.
Indian laws or administrative regulations, would be beyond the scope of this work. For a description of them reference should be made to such authorities as Sir John Strachey's
Digest, s. 80.
Ibid. 82. The precise effect of the enactments reproduced by this section is far from clear. 3 Ibid. 81.
4 Ibid. 83.
5 Ibid. 85. 6 Ibid. 86.
7 Ibid. 89.
8 lbid. 90.