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This charter is 1st one to provide more power to the judiciary from the executive.

The Regulating .Act of 1773 was the first attempt at creating a separate and somewhat independent judicial
organ in India, under the direct control of the King.

The Chief Justice and other puisne (junior) judges were appointed by the King.

THE ESTABLISHMENT OF SUPREME COURT OF JUDICATURE, 1774 under SEC 13 of the act BY CHARTER.

The Supreme Court was established on 22nd. October, 1774, and began functioning In January,1775

Composition of the Supreme Court

This Supreme Court consisted one Chief Justice and three other regular judges or Puisne Judges.

The Judges had to be Barrister at Law of England or Ireland of not less than five years' standing[4]

The charter appointed Sir Elijah Impey as the chief justice and Robert Chambers, Stephen Caesar Lemaitre and john
Hyde as puisne judges who were appointed by the king.
 Function of Supreme Court of judicuture
Supreme Court was a court of record.
It was also a court of equity and therefore it was given power to administer justice according to the
principle of equity and good conscience.

It could regulate its own procedure and make rules for the purpose.

The rules so made by the Supreme Court were required to approved by the king in council.

The Supreme Court was nominate three person annually to the Governor general and Council who would
select one of them as sheriff.

The functions of Sharif were to execute the order of Supreme Court and retain in prison the person
committed by the court.

The Supreme Court was authorised to enrol attorney and advocates

It could appoint sub ordinate officers but their salary where required the approval of Governor General
and council.

Supreme Court was also authorised to regulate court fee with the approval of supreme Council it was to
exercise supervision and control on the subordinate court.

It could also issue writ.

Jurisdiction of Supreme Court of Judicature

Civil jurisdiction

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.

Criminal jurisdiction

Supreme Court appointed grand jury and petty jury for the trial of criminal case of British subject.

S C Didn’t have jurisdiction over native inhabitants of Bengal Bihar and Orissa

The Supreme Court did not have jurisdiction over governor general and member of the council for
any offence expecting Treason.
 Admiralty jurisdiction

The charter of 1774 declare that the supreme Court was to be the court of admiralty for the
territories of Bengal, Bihar and orissa

In this capacity it could try all the cases civil and maritime and all crimes committed upon the
vessels, ship, ferris and highseas and offshore of Bengal Bihar and Orissa with the help of
petty jury consisting of british subject residing in Calcutta

Ecclesiastical jurisdiction

courts having jurisdiction mainly in spiritual or religious ...

It was also empowered to appoint guardian and keepers for infant and insane person.

Equity jurisdiction

Supreme Court was to be a court of equity.

It could add Mr Justice according to the principle of justice equity and good conscience.

Writ Jurisdiction

The Supreme Court being a superior court could issue writ to the court and officers
subordinate to it.

which include the court of collector court of request quarter station said if it is it it could
issue Writ of Certiorari, mandamus, procedendo to these court.

Provision of Appeals

In civil case appeal from the decisions of the Supreme Court could be taken to the
King in council in England.

Dispute exceeded of 1000 pagodas.

Such an appeal could be filed within the sixth month of the date of judgement.
 Merits of Supreme Court of Judicature at calcutta

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.