The Press.
London, England, 1853-06-25 00:00:00

SIR CHARLES WOOD'S LEGAL REFORMS
FOR INDIA.
TO THE EDITOR OF " THE PRES 6."

Sir,—One of the most remarkable propositions in
Sir Charles Wood's notable plan for the future go-
vernment of India is the consolidation in each of the
presidencies of her Majesty's Supreme Courts and
the ,udder Adawhus, or Chief Courts of the East
India Company. The right honourable gentleman
says "he believes that the constitution of both courts
would be improved by the amalgamation." I should
like to know in what way. The Queen's judges know
no more of the peculiar laws administered in the
Sadder Courts than the Man in the Moon, and their
learned brethren who preside in the Sudder Adaw-
luta are of course equally, and perhaps happily,
ignorant of the common law as it prevailed in
Enema in 1726, which governs the justice dealt
out to those who are so fortunate as to fall
within the grasp of the Supreme Courts' juris-
diction. Sir C. Wood goes on to say-- We believe
that the addition of the Queen's judges will in-
troduce the improved law and knowledge which they
carry from this country into the Company's service,
and that the Company's judges sitting with lawyers
from this country will give these English lawyers
what they want—an acquaintance with the manners,
and habits, and laws of India." This is all very tine
in theory. No doubt the Queen's judges would get
some valuable hints in questions of HindO and Mu-
hammadan law from the old and tried Indian judicial
sensate ; here, however, the improvement" would
stop, while it is impossible to calculate the mischief
that might arise from the interference of the former
in matters of which they must of necessity be wholly
ignorant. But the climax of the scheme is, that
this proposed united court " shall be the Court
of Ultimate Appeal in each of the presidencies from
all the others." It is obvious that it would be pro-
ductive of the greatest advantage to retain the court
of last resort in India ; and, if we could persuade such
men as Knight Bruce and Pemberton Leigh to go
into voluntary exile, the Judicial Committee of the
Privy Council might cease to trouble themselves with
Indian cases. But no banister who has attained any
eminence in his profession here will sacrifice his
prospects of advancement, and run all the risks of cli-
mate, for 5,0001. a year; still less those who have already
achieved greatness. Most people are now aware that
the much-talked-of " judicial mind" and " legal edu-
cation" carried to India by her Majesty's judges is all
fudge. Let any one look over the lists of Supreme
Court judges, and see how many men were known
before they went out, and how many became eminent
afterwards. There are some few, Indeed, who have
acquitted themselves admirably on the Indian bench ;
1 could name three, now alive, who would be an
honour to Westminster-hall—but these are accidents.

It is notorious that the sole requisite qualification
for an Indian judgeship in the Supreme Courts is
the friendship of the Attorney-General of the day.
Sir Charles, in a former part of his speech, mentions
that, on appeal to this country, two-thirds of the
decisions of the Company's judges were affirmed,
whilst of those of the Queen's judges only one-third
was affirmed. This statistical fact redects great

credit on the judges of the Sadder Adawluts but
we confess that, as exactly one-haV of the decisions
in appeal from the chief courts in India are re-
versed in the Privy Council, we do not quite see the
advantage of abolishing the appeal to England, or
exactly comprehend the process by which the supe-
rior courts in India are "to improve each other."
The inconvenience and cost of an appeal to this
country have been much exaggerated. The Lords of
the Judicial Committee are now occupied with roes.
sures for limiting the expense, and the time eon-
mimed is not unreasonable. The only alteration
which, as it seems to us. would be really an improve-
ment on the present system is. that some of the most
eminent retired Indian civilians should be appointed
members or assessors of the Judicial Committee.
This plan, we think, would greatly facilitate the
administration of justice. The present members of
the Committee, though the most learned men in
England, are but slightly, if at all, acquainted with
the subject matter of every appeal which involves
questions relating to the revenue and to landed pro-
perty in the Slofussil (and these form a large pro-
portion of the appealed cases), whilst a Colebrooke,
a Butterworth Bayley, or a Courtenay Smith, would
at once be able to remove all doubts and difficulties.
If this alteration were etfected we should bring into
contact the greatest amount of judicial actuuen, and
of local knowledge and practical experience, and we
should have a court of last resort for India which
could scarcely err.—l am, sir, yours, faithfully,
Dawns.