1.

Bombay:
It was under the control of the Portuguese from 1534 onwards. Portuguese King gave it as a
dowry to Charles II of England when he married the formers sister in 1661. King leased it to the
company. The Judicial Administration developed in three stages. They are:
Stage I: 1668 – 1683
Stage II: 1684 – 1690
Stage III: 1718 – 1726

1668 – 1683:
Judicial Reforms of 1670:
Gerald Aungier reorganised the old judicial setup of Bombay and all laws were classified into six
sections. They are:
related to the freedom of worship and religious believes
impartial administration of justice
establishment of a court of Judicature to decide all criminal cases and for the appointment of
justice of peace and order, to arrest criminals
registration of transactions concerning sale of land and houses
contained miscellaneous provisions dealt with penalties for different crimes
military discipline and prevention of disorder and revolt. Bombay was divided into two
divisions. Each division had a court of five Judges. The customs officer of each division, an
Englishman presided this court.

Quorum of this Court: Three Judges

They sat once a week and tried petty civil and criminal cases up to the value of two xerophins (A
Portuguese coin equal to nearly Rs. 7.50).

New Judicial Plan of 1672:

All cases were tried according to English Law.
Central Court of Judicature was established and presided by a single Judge – sat once a week
and tried all civil, criminal and testamentary cases.
Justice of Peace – Bombay was divided into four divisions. Each headed by an Englishman
called Justice of Peace.
He acted as committing magistrate, recorded the necessary proceedings and sent the accused
to the Court of Judicature for trial.
The appellate authority was Deputy Governor and Council.

Court of Conscience was established. It sat once a week. It decided petty cases summarily
without charging fees from the litigants.

1684 – 1690:
Admiralty Court was established which was similar to that of Madras.

1718 – 1726:
Court of Judicature:
It consisted of a Chief Justice and nine Judges. The Chief Justice and five Judges were to be
English. Others were to be of any other nation. The quorum was three English Judges. This
court sat once a week and tried all civil, criminal, testamentary cases as per law, equity, good
conscience and rules and ordinance of the company from time to time.

Appeal was heard by the Governor and Council.

Calcutta:
In 1690, the English Merchants founded a settlement at Sutanati, a site where future Calcutta
developed. In 1698, they secured Zamindari rights over Sutanati, Calcutta and Gobindpur. The
company established Fort William at Calcutta in 1700. Calcutta became a Presidency with the
Governor and Council to manage its affairs. A member of the Council was appointed as
Collector to act as Zamindar on behalf of the company in 1700.

Faujdari Court:
The Collector decided criminal cases of the natives of three villages – Sutanati, Gobindpur and
Calcutta. The criminals were punished by whipping, imposing fines, imprisonment, banishment
or work on roads. Capital punishment was given only after confirmation by the Governor in
Council.

Justice administered by Local Zamindars:

Each Zamindar (Collectors) held a cutcherry or Adalat and decided all civil cases according to
the customs of the country. Appeals from this Court lay to the Nawab’s Court at Murshidabad.
Death sentences had to be confirmed by the Nawab who is a native governor during the time of
the Mughal empire.

2.
urisdiction of Supreme Court of Judicature 1774
The jurisdiction of the court is only to the Calcutta region but can extended to the people
residing in the Bengal, Bihar and Orissa, if-
they are British and His Majesty's subject.
Person, directly or indirectly, employed by the company or under the services of his Majesty's
subject.
Person voluntarily submits to the supreme court. The similarity between the legislation of 1773-
74 and the Charter of 1753 is obvious[7] .
Cases exceeding the limit of 500 rupees.

But the problem is that neither the Regulating Act 1773 nor the Charter of 1774, stated or give
any hint related to the law, which should administer by the court especially in those cases
which involve Indian as well.
The governor general and his council fall outside the jurisdiction of the supreme court and not
under its ambit to hear anything against them for any offence committed by them in Bengal,
Bihar, Orissa except in cases of the felony and treason.
Under the Regulating Act 1773, the King's bench is eligible to hear cases of crime, misdemeanor
and offences committed by Governor General or any member of his council or by any judges of
supreme court and also these high officials are indemnified from the imprisonment under the
supreme court's order.

The court of King's Bench could likewise require the Governor-General in Council to examine
witnesses in India and to send the records to England lie when cause of action involved the
Chief Justice and other puisne Judges of the Supreme Court at Calcutta. When the proceedings
were by Bill in Parliament concerning any offence committed against the Regulating Act of
1773, or any other offence committed in India, the Chancellor or the Speaker of the House of
Parliament could issue warrants for the examination of witnesses in India. Parliaments power of
requisition extended even in cases of capital offences, whereas the King's Bench could not
order for the examination of witnesses in India when the evidence in question related to some
capital offence[8]. In criminal cases, court decided cases with the help of jury both the Grand
Jury[9] and Petty Jury[10].
Legislative Power
Supreme Court has authorized to make his own procedures and rules which help it in exercising
his jurisdiction. But these rules were subject to the King-in-Council's approval. Governor
General and Council has the power to make laws but that law should be registered under the
Supreme Court and should be reasonable in nature and that law become effective only after the
registration is done.

Miscellaneous Provisions
With the Regulating Act 1773 another change in the provision takes place that is, the Governor
General and council and the Judges or the Supreme Court would not accept any kind of
present; and no persons who is holding a civil or military office under the crown or the
company, would accept any present. But this was not applicable to the cases of the Councilors,
Surgeons or Physicians[11].
Procedendo: the ability of the Supreme Court to order the lower court to procced to the
judgment of the cases without specifying.
It is also a court of equity and court of record.

Ecclesiastical Jurisdiction
SC issue probates of bill for the British subjects who reside in Bengal, Bihar and Orissa for the
British Subjects who resides in Bengal, Bihar and Orissa. Sc also had the power to issue the
letter of administration if no executioner of the will is present then the SC had the power to
appoint an executioner. With this it also had the power to appoint the guardians of the infants
and insane children[12].

Admiralty Jurisdiction
The court had the power to try the civil maritime causes or the crime that has been committed
upon the high seas in these cases petty jury sit to take the decision and crimes which takes
place at offshore or on the ship at the offshore of the Bengal, Bihar, Orissa, such cases tried by
the SC who come under direct and indirect employment.

Appellate Jurisdiction
Appeal from all the courts present at that time went to the SC and from here the appeal went
to the kings-in-council if the case was of value more than Rs.1000.
The Merits of SC were:
The judges of the Supreme Court were professional lawyer.
They were directly appointed by the crown, sent from England and held office during Crown's
pleasure.
The tenure was free from the wish of the Governor and the Company.
Judges and lawyer had the adequate knowledge of English law and know how to apply the law
in the case.
Separation of the Judiciary and Executive. Most important it had the jurisdiction to try
company's servant in both the civil and criminal cases.
The Englishmen residing outside the Calcutta thus fell beyond the pale of the judicial system
and so they could commit crimes with impunity as there was no court to try them. But now SC
was designed to take care of this drawback[13].
Now there is publication and registration of the law made by the Governor general and Council,
under SC of judicature, only then the rule or law will come into existence.
Administration of Centralization of Power in India by making Bengal,Bihar ,Orissa subordinate
presidencies under the control of Governor General and Council at Calcutta. Governor general
become the central executive authority in India.
Also, the system of Judicial Review come into existence in India.
There is also the supervision of the power by the kings-in-council over the legislative power of
the SC, regulation or the procedure created by SC subjected to the approval of the Kings-in-
Council, even on the legislative power of the executive, by trying any case filed against the law
or rule made by them within the 60 days of the registration of the law.
Now there is independence from the appointment and removal of the judges from the
company and the Governor-in-council.
Supreme Court is both the Court of Equity and the Court of Law. It has both the admiralty and
ecclesiastical jurisdiction at the same time.

3.
https://www.legalserviceindia.com/legal/article-2433-the-supreme-court-of-judicature-
1774.html

4
The Federal Court of India was a judicial body, established in India in 1937 under the provisions
of the Government of India Act 1935, with original, appellate and advisory jurisdiction. It
functioned until the Supreme Court of India was established in 1950. Although the seat of the
Federal Court was at Delhi, however, a separate Federal Court of Pakistan was established in
Pakistan in Karachi after the Partition of India. There was a right of appeal to the Judicial
Committee of the Privy Council in London from the Federal Court of India.

The Federal Court had exclusive original jurisdiction in any dispute between the Central
Government and the Provinces. Initially, it was empowered to hear appeals from the High
Courts of the provinces in the cases which involved the interpretation of any Section of the
Government of India Act, 1935. From 5 January 1948 it was also empowered to hear appeals in
those cases, which did not involve any interpretation of the Government of India Act, 1935.[1]

5
Indian History
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Poona Pact 1932
14 Apr 2020 7 min read
Tags: GS Paper - 1Modern Indian HistoryIndian National Movement
This article is based on “Ambedkar and the Poona Pact” which was published in The Hindu on
14/04/2020. It talks about the significance of Poona Pact 1932.

In 1932, B.R. Ambedkar negotiated the Poona Pact with Mahatma Gandhi. The background to
the Poona Pact was the Communal Award of August 1932 which provided a separate electorate
for depressed classes.
On 16th August, 1932, McDonald announced the proposal of on minority representation,
known as the Communal Award which recommended communal electorate. It is also known as
‘McDonald Award’. Almost everywhere in India mass meeting took place, political leaders
different persuasions, like Madam Mohan Malviya, B.R Ambedkar and M.C Raja became active.
In the end the succeeded in hammering out an agreement, known as the ‘Poona Pact’.

The pact signifies a solution derived by amalgamating two different ideologies (Ambedkar:
Political Approach and
Gandhi: Social Approach),
striving to achieve a common goal for upliftment of one of most vulnerable sections of the
Indian society.
Significance of Poona Pact
Representation Of Depressed Classes: In a settlement negotiated with Mahatma Gandhi,
Ambedkar agreed for depressed class candidates to be elected by a joint electorate.
Also, nearly twice as many seats (147) were reserved for the depressed classes in the legislature
than what had been allotted under the Communal Award.
fair representation
In addition, the Poona Pact assured a fair representation of the depressed classes in the public
services while earmarking a portion of the educational grant for their uplift.
The Poona Pact was an emphatic acceptance by upper-class Hindus that the depressed classes
constituted the most discriminated sections of Indian society.
It was also conceded that something concrete had to be done to give depressed classes a
political voice.
The pact made the entire country morally responsible for the uplift of the depressed classes.

As the concessions agreed to in the Poona Pact were precursors to the world’s largest
affirmative programme (reservation in legislature, public services and educational institutions)
launched much later in independent India.
Most of all the pact made the depressed classes a formidable political force for the first time in
Indian history.

Conclusion
The Poona Pact has changed the Indian Political history and the destiny of millions of Dalits
across the country. However, social stigma attached to the caste system still remains in the
Indian society. Therefore, in order to establish an egalitarian society in true sense, Gandhian
Philosophy and Ambedkar’s notion of Social Democracy is much more relevant than ever
before.

5b

Features of the Act

1. It considerably increased the size of the legislative councils, both Central and provincial. The
number of members in the Central Legislative Council was raised from 16 to 60. The number of
members in the provincial legislative councils was not uniform.

2. It retained an official majority in the Central Legislative Council but allowed the provincial
legislative councils to have a non-official majority.

3. It enlarged the deliberative functions of the legislative councils at both levels. For example,
members were allowed to ask supplementary questions, move resolutions on the budget, and
so on.

List of British Viceroys during British India

4. It provided (for the first time) for the association of Indians with the executive councils of the
Viceroy and Governors. Satyendra Prasad Sinha became the first Indian to join the Viceroy’s
Executive Council. He was appointed as the law member.

5. It introduced a system of communal representation for Muslims by accepting the concept of

a separate electorate’. Under this, the Muslim members were to be elected only by Muslim
voters. Thus, the Act ‘legalised communalism’ and Lord Minto came to be known as the Father
of Communal Electorate.

6. It also provided for the separate representation of presidency corporations, chambers of

commerce, universities, and zamindars.
Indian Council Act of 1909, AD was instituted to placate the moderates and appeasement to the
disseminate Muslims from National Movement by granting them separate electorate.