Amending Act of 1781 — Indian Polity

The Amending Act of 1781 also known as Act of settlement or Declaratory act of 1781 was passed by British Parliament of 5 July 1781 to correct the defects of the Regulating Act of 1773.

The Regulating Act of 1773 made a big mistake — the company servants were brought under dual control of the Supreme Court and the Governor — General of Bengal. Thus it created a tussle between the two. The 1781, amendment demarcated the relationship between the two by curtailing some of the powers of the Supreme Court of Calcutta.

Key Provisions of the Act —

• The public servants of the company in their official capacity were exempted from the jurisdiction of the supreme court.
• The revenue collectors ( including Zamindars ) and the judicial officers of the company’s court were also exempted from the jurisdiction of the supreme court.
• Jurisdiction of the Supreme Court became only limited to Calcutta.
• Governor — General and council was empowered to act as court of record. It would be the final court of appeal and would hear the appeals from provincial courts in civil cases.
• The Governor — General of Bengal was empowered to make rules, regulations and ordinances but they were to be registered with the Supreme Court.
• The act asserted that Mohammedan cases to be determined by Mohammedan laws and Hindu cases by Hindu laws.