THE DEHRADUN ACT, 1871

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The Dehradun Act, 1871 was enacted for the purpose of giving legal sanctity to the function of some regulations as well as Acts formulated generally in Dehradun. The famous city in India called Dehradun had on various situations excluded from legislations by changing the jurisdiction. Finally, the transfer of jurisdiction was supposed to be that the District of Dehradun comes within the purview of the Central enactments and in the previous years, the judicial proceedings were carried on accordingly. Where in the conclusion reached by the Court in Dick v, Haseltine, the hon’ble High Court stated that the regulations as well the enactments were invalid in the case of Dehradun District. Therefore, the enactment to give legal sanctity to the prior court proceedings as decided under the case became essential with regard to the district. Besides, the Dehradun Act of 1871 was enacted with the intention to calculate on a temporary basis and to be ultimately taking more self-contained enactments. As per the provisions of the United Provinces High Courts (Amalgamation) Order, 1948, the Allahabad High Court was granted jurisdiction to admit fresh suits and appeals with regard to the United Provinces by virtue of law implemented prior to July 19, 1948. The 1948 order subsequently altered the Letters Patent constitution the Allahabad High Court.

In addition, the Law Commission in its 148th report in 1993 reached a conclusion that for the effective administration of justice in the District of Dehradun a powerful legislation was essential. Moreover, the requirement to uphold Dehradun Act was still needed. The alterations effected to the territory in specified years will not affect legal sanctity of the enactments that were formulated previously which will give rise to legal consequences. The Law Commission therefore was not ready to invalidate the Dehradun Act, 1871. Due to these facts, when much legislation formulated before 1947 were annulled, the Law Commission hesitated to repeal the 1871 enactment due to the above stated reasons. Hence, the enactment is still in force.

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It is highly essential to give legality to the law in the District of Dehradun under the supervision of Dehradun. Section 1 of the enactment gives provision for the expansion to Dehradun of regulation along with some legislation that are implemented in Saharanpur. Accordingly, it is provided that the regulations and legislation that are effected in the Saharanpur district shall be announced to be applicable to the Dehradun District as well. The authority of the High Court as well as the Revenue Board as that of the Dehradun district is provided under Section 2 of the enactment. It is stated that the High Court and the Revenue Board in the State of Uttar Pradesh shall perform entire powers that are entrusted to the High Court or else the Revenue Board correspondingly in the Dehradun District which is empowered to be carried out in the Agra District. The extension of jurisdiction of District Court is specified under Section 3 of the Act. The District Court that exercises jurisdiction in the Saharanpur District shall also act as the District Court of Dehradun as well for such term as directed by the State Government in this behalf.

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Section 4 of the enactment provides for the exclusion of Jaunsar Bawar. The provisions of the present enactment shall not be applicable to the some parts of District of Dehradun which is said to be the Jaunsar Bawar. Some of the words are repealed by the Amendment Act of 1874 as well as 1891. The Jaunsari Bawar was the district listed under the Scheduled Districts Act, 1874 in the Uttar Pradesh District. But later when the Constitution of India came into force, the district was removed from the list.