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British administration brought many reforms in the Indian legal system. Policing and administration of justice, which was earlier done by the local rulers, was taken over by the Britishers. Effort was made to clearly identify and consolidate the laws that were existing in the form of customs. In the absence of clear legal rules the courts applied the principles of "“justice, equity and good conscience”". Also, many progressive legislations were passed. On 4 December 1829, Lord William Cavendish Bentinck passed the Sati Regulation XVII A.D. 1829, of the Bengal Code. This regulation declared the practice of sati, illegal and punishable by the criminal courts. The Hindu Widows'’ Remarriage Act, 1856 was passed. This Act enabled a Hindu widow to remarry validly. The Hindu Gains of Learning Act, 1930 was passed allowing all the gains of learning to be kept as exclusive and separate property of the acquirer even if his learning was, in whole or in part, imparted to him by any member, living or deceased, of his family, or with the aid of the joint funds of his family, or with the aid of the funds of any member thereof. The Hindu Women'’s Right to Property Act, 1937 was passed. This legislation, for the first time, created ownership and inheritance rights in favour of women. The Hindu Married Women’'s Right to Separate Maintenance and Residence Act, 1946 was also passed which provided protection to women from abuse in their matrimonial home.

IV. CHARTER OF 1861

The Indian Councils Act, 1861, an Act of Parliament of the United Kingdom, made notable changes in the composition of the Governor General’'s Council for executive and legislative purposes.

On the executive side, the Council of the Governor General was expanded and a fifth member of law (Five members: Home, Revenue, Military, Law, Finance, and after 1874, 6th member of Public Work) was added. Also, for the first time Portfolio system started. This Portfolio system was akin to the present Cabinet system. Each member of the Council of the Governor General was allocated portfolio of a particular department.

On the legislative side the Governor General’'s Council was restructured and enlarged. By the Charter not less than 6 and not more than 12 members were now to be nominated by the Governor General and they were to hold the office for two years. Out of these, not less than half were required to be non-official (English or Indian). This was a beginning towards the establishment of legislative system by adding legislative non-official members to the Council of the Governor General. However, the functions were limited to the legislation and it had not to do any other function except the consideration or enactment of legislative measures. The assent of the Governor General was required for passing of a Bill relating to the public revenue or debt, religion, military, naval or foreign relations. However, any such act could be dissolved by the Crown acting through the Secretary of State for India The Viceroy was allowed, under the provisions of the Act, to overrule the Council on affairs if he deemed it necessary. During the tenure of Lord Lytton in 1879 the position was same.

Earlier the Governments of Madras and Bombay were deprived of their power of legislation by the Charter Act of 1833. The Indian Councils Act, 1861 restored the power of legislation to the Governor-in-Councils of Madras and Bombay in respective matters. The Legislative Council at Calcutta was given extensive authority to pass laws for British India as a whole, while the Legislative Councils at Bombay and Madras were given the power to make laws for the "“Peace and good Government"’ of their respective Presidencies.

There were three legislative councils at Bombay, Calcutta and Madras. What is true about them?

A) All the three were equal in law making power and jurisdiction

B) They could make any law for their presidency they wanted independent of the Governor General

C) The Council at Calcutta was given the power to make laws for India as a whole

D) None of the above