DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.68024#0274
266
Mahomedan, but it was foreign, and was supported entirely by foreign chiefs, to whom large
grants of laud were made to enable them to keep up troops. Even, however, under these
rulers a very large part of the State business was in the hands of Hindu Amils, who (as in the
case of the petty Khairpur State to this day) performed almost all the clerical duties in the
time of the Mirs. As a rule, however, in Sind the Hindu population received but scant justice
or consideration from their Mahomedan conquerors. So far, then, as this Province is concerned,
no change in the existing state of things is desirable; the Mahomedans are in a majority, and
have every facility for advancement offered to them if they choose to avail themselves of it.
From H. Bibdwood, Esq., Judicial Commissioner in Sind, to the Commissioner in Sind,—No. 14149, dated
Karachi, the 28th July 1882.
I am unable, without referring first to the District Judges, to send the return called for in
paragraph 1 of your letter No. 1312 of the 21 st instant. I have asked the Judges, however,
to furnish the required information, as to the number of Mahomedans employed in the Judicial
Department, at their earliest convenience, and will send the return without delay on the receipt
of such information. In the meantime, in compliance with paragraphs 2 and 3 of your letter,
I have the honour to submit my opinions on the memorial which accompanied it.
2. The memorial contains three prayers or suggestions :—
(1) That the balance of State patronage should be restored between Hindus and Maho-
medans.
(2) That some comprehensive scheme, similar to the one recently devised for the Eura-
sian community, be framed for the education of Mahomedans.
(3) That a number of Mahomedan Judges qualified to expound the Mahomedan law be
appointed in the mofussil, to sit as Assessor Judges in the trial of Mahomedan
cases.
3. To give effect to the first prayer, it is suggested that, in the dispensation of State patron-
age, no regard should be paid to mere University degrees, but that the qualifications of candi-
dates should be tested by an independent standard. This suggestion is made because University
education “ did not take root among the Mahomedans until very recently,” while “ there are
many Mahomedans who, without having graduated at the Calcutta University, possess as
thorough an acquaintance with the English language as (any ordinary B. A.,” and also because
“ stamina and force of character are as necessary in the lower as in the higher walks of life, and
these qualities can scarcely be tested by University examinations.”
4. It is obvious that there are some qualities, most desirable in a public officer, which
cannot be tested by any public examination. The objection taken by the memorialists to Uni-
versity examinations has been taken over and over again to the system of open competition as
applied to the selection of candidates for the Indian Civil Service. But it does not seem as yet
to have been possible to devise any other scheme of selection, which shall be as fair to all classes
of Her Majesty’s subjects, so also a University examination may not be a perfect or complete
test of a young man’s fitness to enter the public service. But if the test is not applied unfairly
to any class of the community, it ought not to be superseded till some better test is provided.
5. From paragraph 22 of the memorial it would appear that in the Bengal Presidency can-
didates for the subordinate judicial service must be Bachelors of Arts of the Calcutta Univer-
sity. In the Bombay Presidency (with the exception of Sind) no person can be appointed a
Subordinate Judge unless he is a subject of the Queen, who has practised five years as
an Advocate of a High Court in India, or as a Vakil of the Bombay High Court, or has
passed an examination prescribed by such High Court, or is a Bachelor of Laws of
the University of Bombay (see section 22 of Act XIV of 1869). The rules prescribed
by the High Court are published at pages 140 to 143 of the last edition of the High Court’s
Circulars. They require, among other things, that a candidate shall have passed the matricu-
lation examination of the Bombay University, and that he shall speak, read and write with
ease and correctness one of the vernacular languages which are used in the District Courts
These rules furnish an independent standard (apparently of the kind desired by the memorial-
ists), a standard independent of an University degree for judging the qualifications of candi-
dates for Subordinate Judgeships. There is nothing in the rules unfair to Mahomedans as com-
pared with Hindus. Hindu law and Mahomedan law are both subjects in which candidates are
examined, the two subjects being included in one paper. The rule requiring candidates to be
matriculated students is reasonable and proper; and the rule regarding the vernacular languages
is obviously necessary, and yet in the list of Subordinate Judges, published at pages 152 to 156
of Hie last Quarterly Civil List, there is not the name of a single Mahomedan gentleman.
6. The list contains the names of 109 Subordinate Judges, of whom 21 were appointed before
Act XIV of 1869 became law. Of these 21 Subordinate Judges, 19 were Hindus and two Euro-
peans. Of those who have been appointed since the 19th March 1869, two are Europeans (Portu-
guese), six are Parsis, and 80 are Hindus, and of these, one European, four Parsis, and 17 Hindus
hold the degree of LL.B. It appears that a larger number of candidates for judicial employmen
have qualified by passing the High Court examination than by taking’the law degree, although
a few years ago, the High Court examination was, I believe, considered a severer examination
in law than the University examination. The existing tests, however severe, have not,
Mahomedan, but it was foreign, and was supported entirely by foreign chiefs, to whom large
grants of laud were made to enable them to keep up troops. Even, however, under these
rulers a very large part of the State business was in the hands of Hindu Amils, who (as in the
case of the petty Khairpur State to this day) performed almost all the clerical duties in the
time of the Mirs. As a rule, however, in Sind the Hindu population received but scant justice
or consideration from their Mahomedan conquerors. So far, then, as this Province is concerned,
no change in the existing state of things is desirable; the Mahomedans are in a majority, and
have every facility for advancement offered to them if they choose to avail themselves of it.
From H. Bibdwood, Esq., Judicial Commissioner in Sind, to the Commissioner in Sind,—No. 14149, dated
Karachi, the 28th July 1882.
I am unable, without referring first to the District Judges, to send the return called for in
paragraph 1 of your letter No. 1312 of the 21 st instant. I have asked the Judges, however,
to furnish the required information, as to the number of Mahomedans employed in the Judicial
Department, at their earliest convenience, and will send the return without delay on the receipt
of such information. In the meantime, in compliance with paragraphs 2 and 3 of your letter,
I have the honour to submit my opinions on the memorial which accompanied it.
2. The memorial contains three prayers or suggestions :—
(1) That the balance of State patronage should be restored between Hindus and Maho-
medans.
(2) That some comprehensive scheme, similar to the one recently devised for the Eura-
sian community, be framed for the education of Mahomedans.
(3) That a number of Mahomedan Judges qualified to expound the Mahomedan law be
appointed in the mofussil, to sit as Assessor Judges in the trial of Mahomedan
cases.
3. To give effect to the first prayer, it is suggested that, in the dispensation of State patron-
age, no regard should be paid to mere University degrees, but that the qualifications of candi-
dates should be tested by an independent standard. This suggestion is made because University
education “ did not take root among the Mahomedans until very recently,” while “ there are
many Mahomedans who, without having graduated at the Calcutta University, possess as
thorough an acquaintance with the English language as (any ordinary B. A.,” and also because
“ stamina and force of character are as necessary in the lower as in the higher walks of life, and
these qualities can scarcely be tested by University examinations.”
4. It is obvious that there are some qualities, most desirable in a public officer, which
cannot be tested by any public examination. The objection taken by the memorialists to Uni-
versity examinations has been taken over and over again to the system of open competition as
applied to the selection of candidates for the Indian Civil Service. But it does not seem as yet
to have been possible to devise any other scheme of selection, which shall be as fair to all classes
of Her Majesty’s subjects, so also a University examination may not be a perfect or complete
test of a young man’s fitness to enter the public service. But if the test is not applied unfairly
to any class of the community, it ought not to be superseded till some better test is provided.
5. From paragraph 22 of the memorial it would appear that in the Bengal Presidency can-
didates for the subordinate judicial service must be Bachelors of Arts of the Calcutta Univer-
sity. In the Bombay Presidency (with the exception of Sind) no person can be appointed a
Subordinate Judge unless he is a subject of the Queen, who has practised five years as
an Advocate of a High Court in India, or as a Vakil of the Bombay High Court, or has
passed an examination prescribed by such High Court, or is a Bachelor of Laws of
the University of Bombay (see section 22 of Act XIV of 1869). The rules prescribed
by the High Court are published at pages 140 to 143 of the last edition of the High Court’s
Circulars. They require, among other things, that a candidate shall have passed the matricu-
lation examination of the Bombay University, and that he shall speak, read and write with
ease and correctness one of the vernacular languages which are used in the District Courts
These rules furnish an independent standard (apparently of the kind desired by the memorial-
ists), a standard independent of an University degree for judging the qualifications of candi-
dates for Subordinate Judgeships. There is nothing in the rules unfair to Mahomedans as com-
pared with Hindus. Hindu law and Mahomedan law are both subjects in which candidates are
examined, the two subjects being included in one paper. The rule requiring candidates to be
matriculated students is reasonable and proper; and the rule regarding the vernacular languages
is obviously necessary, and yet in the list of Subordinate Judges, published at pages 152 to 156
of Hie last Quarterly Civil List, there is not the name of a single Mahomedan gentleman.
6. The list contains the names of 109 Subordinate Judges, of whom 21 were appointed before
Act XIV of 1869 became law. Of these 21 Subordinate Judges, 19 were Hindus and two Euro-
peans. Of those who have been appointed since the 19th March 1869, two are Europeans (Portu-
guese), six are Parsis, and 80 are Hindus, and of these, one European, four Parsis, and 17 Hindus
hold the degree of LL.B. It appears that a larger number of candidates for judicial employmen
have qualified by passing the High Court examination than by taking’the law degree, although
a few years ago, the High Court examination was, I believe, considered a severer examination
in law than the University examination. The existing tests, however severe, have not,