DOI Page / Citation link:
https://doi.org/10.11588/diglit.68024#0298
290
The memorialists recommend, in order to improve the administration of Muhammadan
law, that Muhammadan Judges be appointed in the mofussil to sit as Assessor Judges in the
trial of Muhammadan cases.
3. There is no foundation in fact for these complaints.
4. By section 24 of the Bengal Civil Courts Act, 1871, Muhammadan law governs the
decision of questions regarding succession, inheritance, marriage, or any religious usage or
institution, in cases where the parties are Muhammadans, and Hindu law where the parties
are Hindus; and in other cases the decision is to be governed by justice, equity, and good
conscience. This practically confines the application of principles peculiar to Muhammadan
law to a small class of suits, while in respect of the rest there is a general agreement as to
the principles on which they should be decided between the Muhammadan and other systems
of law.
In practice, also, it has not been found that justice has miscarried from the want of
acquaintance of the Judges with Muhammadan law. More than half the Subordinate Judges
and Munsifs in these Provinces are Muhammadans, and the Bar in all the courts is largely
composed of Muhammadans, so that Muhammadan exponents of that law are always to be
found, and, as a matter of fact, the decisions of English and Hindu Judges, even in eases to
which Muhammadan law is peculiarly applicable, compare well with decisions of Muhammadan
Judges.
5. The proposed appointment of Assessor Judges to sit with English and Hindu Judges
is not only unnecessary, but practically impossible, and with as much, and indeed more, reason
might the Hindu community ask for the appointment of such assessors.
It is open to question whether persons with the needful attainments could be found, and
certain that, if found, they would not be superior to the English and Hindu Judges who pre-
side in our courts.
It is doubtful if the Muftis and Kazis referred to by the memorialists were, in the majo-
rity of instances, persons on whose knowledge of Muhammadan law much reliance could be
placed.
6. In regard to the second complaint, as to the numerical inferiority of Muhammadans in
the subordinate judicial service, I am to say that of the 84 Subordinate Judges and Munsifs in
the North-Western Provinces, 47 are Muhammadans and only 37 Hindus.
Of the 57 Subordinate Judges and Munsifs now serving, who have been appointed since
the establishment of the High Court in June 1866, there are 29 Muhammadans.
Of the 22 Munsifs appointed during the five years ending the 31st March 1882, 12 are
Muhammadans and only 10 Hindus.
There is nothing in the rules in force in these Provinces as to the qualifications of persons
to be appointed to the office of Munsifs which unfavourably affects Muhammadans.
General Department, Notification No. 1494 A., dated Naini Tai, the 16th July 1877.
The Lieutenant-Governor has had for some time under consideration the question of the
expediency of insisting on the possession, by persons admitted into Government service of a
fair standard of general education. In pursuance of this object, His Honor is pleased to lay
down the following rules, and to publish them for general information :—
I.—From 1st January 1879 no person shall receive an appointment in the public
service to which a salary of BIO and upwards is attached, except under the fol-
lowing conditions.
II.—If the office is one in which a knowledge of English is required, the person appoint-
ed, if a native, must hold a certificate of having passed the middle class an«lo-
vernaeular departmental examination, with Urdu or Persian as second language;
and if a European or Indo-European, of having received a fair educational train-
ing. If the office is one in which a knowledge of the vernacular only (Urdu or
Hindi) is required, the person appointed must hold a certificate of having passed
the middle class vernacular examination in that form of the vernacular which is
required.
III. —In both cases the possession of the University entrance examination certificate
with Urdu or Persian as second language, will be held a superior qualification.
IV. —The standards of the examinations mentioned in Rule II are those current in the
Department of Public lustruction, subject to revision by order of Government
after due notice given. The certificates must be in the prescribed form, and
bear the stamp and signature of the head of the office.
V. —Compliance with the above conditions will not exempt the person appointed from
passing any special examination which may be required by the rules of the
department to which he is attached.
The memorialists recommend, in order to improve the administration of Muhammadan
law, that Muhammadan Judges be appointed in the mofussil to sit as Assessor Judges in the
trial of Muhammadan cases.
3. There is no foundation in fact for these complaints.
4. By section 24 of the Bengal Civil Courts Act, 1871, Muhammadan law governs the
decision of questions regarding succession, inheritance, marriage, or any religious usage or
institution, in cases where the parties are Muhammadans, and Hindu law where the parties
are Hindus; and in other cases the decision is to be governed by justice, equity, and good
conscience. This practically confines the application of principles peculiar to Muhammadan
law to a small class of suits, while in respect of the rest there is a general agreement as to
the principles on which they should be decided between the Muhammadan and other systems
of law.
In practice, also, it has not been found that justice has miscarried from the want of
acquaintance of the Judges with Muhammadan law. More than half the Subordinate Judges
and Munsifs in these Provinces are Muhammadans, and the Bar in all the courts is largely
composed of Muhammadans, so that Muhammadan exponents of that law are always to be
found, and, as a matter of fact, the decisions of English and Hindu Judges, even in eases to
which Muhammadan law is peculiarly applicable, compare well with decisions of Muhammadan
Judges.
5. The proposed appointment of Assessor Judges to sit with English and Hindu Judges
is not only unnecessary, but practically impossible, and with as much, and indeed more, reason
might the Hindu community ask for the appointment of such assessors.
It is open to question whether persons with the needful attainments could be found, and
certain that, if found, they would not be superior to the English and Hindu Judges who pre-
side in our courts.
It is doubtful if the Muftis and Kazis referred to by the memorialists were, in the majo-
rity of instances, persons on whose knowledge of Muhammadan law much reliance could be
placed.
6. In regard to the second complaint, as to the numerical inferiority of Muhammadans in
the subordinate judicial service, I am to say that of the 84 Subordinate Judges and Munsifs in
the North-Western Provinces, 47 are Muhammadans and only 37 Hindus.
Of the 57 Subordinate Judges and Munsifs now serving, who have been appointed since
the establishment of the High Court in June 1866, there are 29 Muhammadans.
Of the 22 Munsifs appointed during the five years ending the 31st March 1882, 12 are
Muhammadans and only 10 Hindus.
There is nothing in the rules in force in these Provinces as to the qualifications of persons
to be appointed to the office of Munsifs which unfavourably affects Muhammadans.
General Department, Notification No. 1494 A., dated Naini Tai, the 16th July 1877.
The Lieutenant-Governor has had for some time under consideration the question of the
expediency of insisting on the possession, by persons admitted into Government service of a
fair standard of general education. In pursuance of this object, His Honor is pleased to lay
down the following rules, and to publish them for general information :—
I.—From 1st January 1879 no person shall receive an appointment in the public
service to which a salary of BIO and upwards is attached, except under the fol-
lowing conditions.
II.—If the office is one in which a knowledge of English is required, the person appoint-
ed, if a native, must hold a certificate of having passed the middle class an«lo-
vernaeular departmental examination, with Urdu or Persian as second language;
and if a European or Indo-European, of having received a fair educational train-
ing. If the office is one in which a knowledge of the vernacular only (Urdu or
Hindi) is required, the person appointed must hold a certificate of having passed
the middle class vernacular examination in that form of the vernacular which is
required.
III. —In both cases the possession of the University entrance examination certificate
with Urdu or Persian as second language, will be held a superior qualification.
IV. —The standards of the examinations mentioned in Rule II are those current in the
Department of Public lustruction, subject to revision by order of Government
after due notice given. The certificates must be in the prescribed form, and
bear the stamp and signature of the head of the office.
V. —Compliance with the above conditions will not exempt the person appointed from
passing any special examination which may be required by the rules of the
department to which he is attached.