Indian Legal History- Regulating Act 1773 -Supreme Court, Merits and Demerits

Introduction

Regulating Act 1773 introduced some incremental reforms in Colonial administration. Provision of regulating act was discussed in bit detail here. In this act, Crown was empowered to establish Supreme Court in India. As crown was empowered, they did it in 1774 with charter. This article will discuss establishment of supreme court, its constitution, it's jurisdiction and problems with executive i.e Governor and Council. 

The important case laws will be discussed in next articles, because those are really interesting cases and writing them here will make this article long to render and slow to render using Jio net. :D

 Supreme Court-Constitution

British Crown issued a charter in 1774 for establishment of supreme court in Calcutta. See the building below which is not of Supreme court of Calcutta, but current High Court of Calcutta. More or less similar building was there too around 1774 too.

This court was to consist of Chief Justice and 3 Puisne judges. Puisne judge mean ordinary judge of any court.

This Court was court of record. Court of record meaning which will record proceedings of court like Evidences, Witness testimonies, judgements etc.

Chief Justice was barrister of not less than 5 years of experience.  

Below are certain features

• Supreme court could make rules for themselves, for their procedures.
• Court could admit attorneys and advocates.
•  To execute the orders of court, Sheriff could be appointed who would then arrest, detain, carry out other orders of the court
• Supreme court was to nominate 3 persons to Governor and council, out of which one was selected as Sheriff.
• Supreme Court was also conferred with power to appoint the subordinate officer. However their salaries needed to be approved by Governor General.
• Court was also authorized to regulate or decide court  fees.

Jurisdiction

Court was conferred with enormous powers and vast jurisdiction. In some matters jurisdiction was not clear, but court typically used to interpret regulating act so as to increase their own jurisdiction. (Is same true today also ?)

Civil Jurisdiction

Civil matters like inheritance, contract, partnership and others were under supreme court. People over which this jurisdiction extends are described in attached image. See below. Highlighted one i.e Governor, Mayor and Aldermen were many time cause of dispute.

 

Criminal Jurisdiction

Supreme court was conferred with all the power to consider matters like Treason, Felony, murders etc.

Court was not empowered to try Governor general and council members except for the offense of treason and felony.

In England, there were Court of Oyer and Terminer which used to decide cases by grand jury and petty jury. Supreme court too was empowered like those courts and carried out functions like those courts.

Interestingly, Supreme court could also try officials of companies who abused their power. Many times this was the reason of conflict between supreme court and Governor in Council.

Ecclesiastical Jurisdiction

Calm down..!! This word "Ecclesiastical" have simple meaning, which is priest or member of the clergy. To simplify further, it mean high position in Church. 

So Ecclesiastical jurisdiction means jurisdiction of church, or member of it, or clergy in church.

Mostly in case of intestate succession, law used to decide heir or inheritor was from the Diocese of London. But now after Supreme court, jurisdiction over intestate succession, probate of will etc was conferred upon the supreme court.

Admiralty Jurisdiction

 In Madras settlement there used to be courts like Admiralty courts. Which used to decide matters related to piracy, crimes on high seas etc.

Supreme court was to exercise power on matters related to crime on high seas and other maritime matters.

Other jurisidiction

Supreme court could issue writs for various things for example to release a person if Company official had detained such person for no reason.

The court of collectors, Quarter Session, Court of Request all were put under supervision of supreme court.

Court was also empowered to decide matters on justice, equity and good conscience. This could be termed as equity jurisdiction.

Appeal

Appeal from supreme court lied in privy council or king in the council

Few comments

Appointment of expert in law was good, because earlier most of the higher officials were from Company which didn't have in depth knowledge.

The Court was established by crown and it was fairly independent from executive i.e Governor and council.

Many times Court would go against the Company official to dispense justice. Impartiality is of course most necessary in judicial administration to have faith of people on judiciary.

Due to vagueness in Regulating Act, Conflicts arose between judiciary and executives. 

Nevertheless, with all  merits and demerits there was emergence of new institution i.e Supreme Court. Seemingly impartial administrator  of justice..!!

Thanks,

Legalfundaa