Supreme Court and the Charter Act of 1774

The Supreme Court established under the 1774 Charter, became an institution which was
disliked and dreaded equally by the officers of the government and especially Indians.
Discuss the major cases which led to this situation. The East India Company became the
dominant political power in the 18th Century and passed the Regulating Act 1773.

(1) Composition of Supreme Court – According to S.13 of the Regulating Act,

1773, the Supreme Court was constituted to be a Court of Record. It consisted of a Chief
Justice and three Puisne Judges to be appointed by the crown to act during the pleasure of
the crown.
(2) Jurisdiction as court of Equity – The Supreme Court was to be a Court of
Equity in the English legal sense of the word. It was given full power to administer justice
in a summary manner as nearly as might be according to the rules and proceedings of the
High Court of Chancery in Great Britain. It could issue Subpoena and other process to
compel the appearance and answer upon oath of the opposite party, as well as to compel
obedience to the decree and order of the Court in such manner and form and to such effect
as the High chancellor of Great Britain did.

Objectives:

• Reform in constitution of the company

• Reform in administration in India
• To provide remedies against company’s oppression in India.

Features of the Act:

• Governor was raised to power of governor general.

• Entire military and civil powers were vested in governor general.
• Government of presidencies of Madras and Bombay were put under Governor-
General at Calcutta.
• All judges were prohibited from accepting gifts.
• Even judges can be tried in King’s Bench in England.

The regulating act 1773 authorized the British crown to establish a

Supreme Court at Calcutta by issuing a charter of 1774. Thereafter finally the
Supreme Court at Fort William Calcutta came into existence.

Composition-Chief Justice+ 3 judges- barristers of England with 5 years

experience. By this Act, Crown appointed Sir Impey-Chief Justice of Supreme
Court.

Jurisdiction of the Supreme Court, Civil-Territorial in Calcutta and personal in

Bengal, Bihar and Orissa was established. Equity-administer justice in a summer
manner Criminal-only to British servants Ecclesiastical-grant will Admiralty-all
maritime cases writ-writ of certiorari, mandamus.

Merits of Supreme Court:

• Derives its authority from Crown

• Civil and Criminal Jurisdiction
• Rules now require approval from King in Council
• Court fees was regulated
• Empower to appoint advocates
• Writ power
• Enabled judiciary to control executive.

Defects of Supreme Court:

• Relationship between governor general and council and Supreme Court not defined.
Governor General and council rejected the authority of court. Thus it became source
of annoyance.
• Relationship between Mofussil Adalats and Supreme Court not defined. Whether
they were subordinate to the Supreme Court or not?
• Jurisdiction beyond the Calcutta was not defined. Court could issue the summons
even for people outside the Calcutta. Even people were detained in jail till decision.
• Courts applied English Law in India.
• Criminal Law applied in India was harsh.