_ MODERN LEGAL SYSTEM
IN INDIA(di Legal System in India during the
British Period
India - one of the oldest legal systems in the
ie
world
Law and jurisprudence stretches back
centuries, forming a living tradition - has
grown - evolved with -lives of its diverse people
The history of the present judicial system -
traced back to the year 1726 - Charter - by
King George I@ To bring - important changes in the
r judicial administration of the Presidency
(—
Towns of Bombay, Calcutta and Madras
@ The system of appeals from India to the
Privy Council in England was introduced
by this Charter in 1726e To bring - better management of the affairs
— of the East India Company -Regulating Act of
oa 1773 -promulgated by the King
@ Subjected the East India Company to -
control of the British Government and made
a provision for His Majesty by Charters or
Letters Patent to establish the Supreme
Court of Judicature at Fort William at
| Calcutta on March 26, 1774 - superseding the
_ then prevalent judicial systemAs a court of record - full power and authority to
hear and determine all complaints against any of
His Majesty’s subjects for any crimes - any suits
or actions against any of His Majesty’s subjects in
Bengal, Bihar and Orissa
Two more Supreme Courts - along the same
lines as that of the Supreme Court of Calcutta,
were established at Madras and Bombay by King
George III through Charters issued on
26" December, 1800 and on 8°December, 1823
respectivelyRole of the Privy Council - a great unifying
force and the instrument and embodiment of
the rule of law in India
The Judicial Committee of the Privy Council
- made a Statutory Permanent Committee
of legal experts to hear appeals from the
British Colonies in the year 1833
Thus, the Act of 1833 transformed the Privy
Council into a great imperial court of
unimpeachable authorityThe Indian High Court’s Act 1861 reorganized
- then prevalent judicial system in the country
by abolishing the Supreme Courts at Fort
William, Madras, and Bombay, and also the
then existing Sadar Adalats in the Presidency
Towns
The High Courts were established having civil,
criminal, admiralty, vice-admiralty, testimony,
intestate, and matrimonial jurisdiction, as well
as original and appellate jurisdiction(di Provincial autonomy - established in India under -
Government of India Act, 1935 -introduced
Eg responsibility at the provincial level
As a federal system depends largely upon a just
and competent administration of the law between
governments themselves
1935 Act further provided for the establishment
of the Federal Court - forerunner of the Supreme
Court of India - the second highest Court in the
judicial hierarchy in India@ The Federal Court - first Constitutional
Court and also the first all - India Court of
extensive jurisdiction
@ Had Original Jurisdiction in matters where
there was dispute between the provinces or
federal States.
@ It was also the Appellate Court for the
judgments, decrees, or final orders of the
High CourtsThus - Federal Court of India had original,
appellate and advisory jurisdiction
The doctrine of precedent in India also had
its roots in Federal Court as the law
declared by the Federal Court and Privy
Council - given binding affect on all the
courts in British IndiaHIERARCHY OF INDIAN JUDICIAL
SYSTEM