Kolhan The Extra Teritory Area

1 - The Regulating Act 1773 was enacted by the British Parliament in 1773 and the post of the Governor General had been created under this Act for the Control of East India company. The Governor General and Council was styled as the supreme Government for India.

2 - Identification of the governor General in Council :- The charter 1833 was enacted by the British empire and the post of the Governor General in Council has been created under this charter. The Governor General in Council has been adopted by the A.O. as Central Government but the central Government is not included under the definition of the Supreme Government.

3 - Central Act :- The Bengal Regulation XIII of 1833 was enacted by the Governor General in council on 02.12.1833 for the administration of civil and criminal justice in certain territory of Chotanagpur and it was excepted by the Regulation XIII of 1833 from the operation of general laws and Regulations. The Wilkinson's Rule was enacted by T.Wilkinson under Regulation XIII of 1833 with previous sanction of the Governor General in Council and approved by the Governor General in council. Any act made by the Governor General in council or Governor General has been accepted as a central Act respectively under section 3 (7) (b) of the general clauses Act 1897.

4 - Central government :- The Governor General of the Governor General in council has been accepted as a Central Government under section 3(8) (a) of the general clauses Act 1897 respectively.

5 - The Position of Kolhan :- 27 Kol pirs of Singhbhum District was annexed under section VII of the Regulation XIII of 1833 with the south west frontier Agency for the purpose of taking separate charge in 1837 and Wilkinson's Rules has been enforced into the Kolhan in 1837.

6 - Formation of India :- The British India and Indian States with together tribal areas have been formed into India in the section 3 (28) of the general clauses Act 1897 and the same India shall make a union of States in the articles 1 (1) of the Constitution of India but the Kolhan has neither been declared as a Tribal area nor any territory of India under Article 239 of the Constitution of India.

7 - Union of India :- The Governor's provinces and Indian States with together Chief Commissioner's provinces have been formed into the Federation of India in the section 5 of the Government of India Act 1935 and the same Federation of India has been formed into Union of India in the Articles 1 (2) of the Constitution of India but the Governor General in Council has been included under the British India and Indian States nor chief commissioner's provinces.

8 - India is a unity of Nation :- The Wilkinson's Rules has itself described as a common country law in Rule 20 of Wilkinson to be known as South West frontier Agency of the India. The south west frontier agency and India have been formed unto a Unity of Nation for the interest of any nation particularly of improving the lot of the common man consistent with his dignity and the unity of the Nation in the preamble of the forty second amendment of constitution of India. The preamble is part of the constitution according to (1973) 4 sec 225 but the common law enacted by the Governor General in council and the Governor General in council has been adopted as a Central Government. The adoptaion central Government is the same meaning as the adaptation son. The adaptation son has no right to claim for succession in the male line of common man under the constitution of India.

9 - Administrative Changes :- The Kolhan with other parts of Chotanagpur it was exempted by Regulation XIII of 1833 from the operation of General Laws and Regulations (see page 101 of singhbhum District Gazetteer, 1958)

Central Legislature :- The Provincial councils have been ceased and centralized into Calcutta as Central Legislature and lord Maikail era appointed the first law member of the central council on 27the June 1834 as chairman for the codification of Indian Laws and Regulations. The Governor General was Styled at the head of the council as the Governor General in council was one and the same but he represented to the British Empire on behalf of the Government of India as the Governor General and on behalf of the British Empire as the Governor General in council respectively.

10 - Central Council :- The Governor General in council was adopted as the Central Government by A.O. and the President of India has been entrust to function under Articles 258 (1) of the constitution of India as the Governor General in Council The State Legislature has no power to make laws for the administration of such areas.

11 - Indian Parliament :- The Council of States and House of the People with together the President of India have been formed into Parliament according to the Articles 79 but the President of India is not6 a member of the Parliament or of a house of the Legislature of any state according to the Articles 59 (1) of the Constitution of India.

12 - Administrative Relations :- The independence of the Legislative and Executive Powers is the specific quality of the Presidential Government in the Schedule Fifth and Sixth just as fusion and combination is the precise principal of the Cabinet Government in the first Schedule of the Constitution of India respectively. The moral value of this procedure has been followed only for the protection of the interest of any Scheduled Tribe under articles 19 (5) of the Constitution of India. The protection is an instrument of national co-operation and the spirit of co-operation is as necessary as the instrument. The constitutional conventions are the rules elaborated for effecting that co-operation.

13 - Relation with common wealth :- The King of England is the Chief of the Common Wealth Countries and India has also accepted a membership of the Common Wealth due to Common Law. So India is bound under the Rule of Law of England. The Rule of Law is distinctive characteristic of the English Constitution and such laws are also adopted by the articles 372 of Constitution of India as extra territorial of India in forty second amendment of the Constitution of India.

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