Why the Amending Act of 1781 is also known as the Act of Settlement?
In a bid to rectify the defects of the Regulating Act of 1773, the British Parliament passed the Amending Act of 1781, thus it is also known as the Act of Settlement.
It is also known as Declaratory Act, 1781.
What was the basic aim of the Act of Settlement 1781?
The basic aim of the Act of Settlement 1781 was to establish a new system of courts to remove the grievances against the Supreme Court.
What is the significance of the Act of Settlement 1781?
It was the first attempt in India towards separation of the executive from the judiciary by defining the respective areas of jurisdiction
What are the important features of the Act of Settlement 1781?
The features of this Act were as follows:
(a) It exempted the Governor-General and the Council from the jurisdiction of the Supreme Court for the acts done by them in their official capacity. Similarly, it also exempted the servants of the company from the jurisdiction of the Supreme Court for their official actions.
(b) It excluded the revenue matters and the matters arising in the collection of revenue from the jurisdiction of the Supreme Court.
(c) It provided that the Supreme Court was to have jurisdiction over all the inhabitants of Culcutta. It also required the court to administer the personal law of the defendants i.e., Hindus were to be tried according to the Hindu law and Muslims were to be tried according to the Mohammedan law.
(d) It laid down that the appeals from the Provincial Courts could be taken to the Governor-General-in-Council and not to the Supreme Court.
(e) It empowered the Governor-General-in Council to frame regulations for the Provincial Courts and Councils.
Must read: Regulating Act of 1773 – the foundation of central administration in India
External link: https://www.ramauniversity.ac.in/online-study-material/law/ballb/iisemester/history/lecture-15.pdf
PRACTICE QUESTIONS
Q. Which of the following is/are the features of Act of Settlement, 1781?
1 . It exempted the Governor-General from the jurisdiction of the Supreme Court for the acts done by them in their official capacity.
2 . It empowered the Supreme Court to frame regulations for the Provincial Courts and Councils.
Select the correct answer using the code given below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
(a)
