HIGH COURTS

ACT OF 1861
CALCUTTA HIGH COURT
BOMBAY HIGH COURT
MADRAS HIGH COURT
JUDICIAL REFORMS 1833 -1858
DUAL JUDICATURE BEFORE 1861

SUPREME SADAR
COURT ADALATS

JURISDICTION JURISDICTION
CHANGES IN 1833

FIRST LAW COMMISSION 1835

SECOND LAW COMMISSION 1853

EVENTS OF 1857

GOVERNMENT OF INDIA ACT 1858

INDIAN HIGH COURTS ACT, 1861
PASSED BY BRITISH PARLIAMENT ON 6TH AUGUST
1861.
SMALL PIECE OF LEGISLATION WITH ONLY 19
SECTIONS.
MAIN FUNCTION WAS TO ABOLISH THE
SUPREME COURT AND SADAR ADALAT.
THE RECORDS AND DOCUMENTS OF VARIOUS
COURTS SO ABOLISHED WERE TO BECOME THE
RECORDS AND DOCUMENTS OF THE HIGH
COURTS CONCERNED.
CONSTITUTION:

EACH HIGH COURT WAS TO CONSIST OF A CHIEF

JUSTICE AND THE OTHER PUISNE JUDGES NOT
EXCEEDING 15 IN NUMBER. A PERSON COULD BE
APPOINTED JUDGE IF HE WAS EITHER:
A BARRISTER OF NOT LESS THAN 5 YEAR
STANDING,
A MEMBER OF THE COVENANTED CIVIL SERVICE
OF AT LEAST 10 YEARS STANDING,
A PERSON WHO HAD BEEN PLEADER OF A SADAR
COURT FOR AT LEAST 10 YEARS.
CHARTER OF CALCUTTA HIGH COURT
THE INDIAN HIGH COURTS ACT 1861, DID NOT BY
ITSELF CREATE AND ESTABLISH THE HIGH COURTS IN
INDIA. IT WAS A PERMISSIVE LEGISLATION AND
AUTHORIZED THE CROWN TO ESTABLISH THE HIGH
COURTS. IT WAS TO BE CONSUMMATED BY ISSUING
LETTERS PATENT ESTABLISHING A HIGH COURT AT
EACH OF THE THREE PLACES. THE CHARTER FOR
CALCUTTA HIGH COURT WAS ISSUED ON MAY 1862,
ESTABLISHING THE HIGH COURT ON 2ND JULY 1862. AS
ALL THE THREE CHARTERS WERE IDENTICAL, IT WILL
BE SUFFICIENT TO TAKE THE CHARTER OF CALCUTTA
HIGH COURT AS A MODEL.
JURISDICTION
ORDINARY ORIGINAL CIVIL JURISDICTION.
EXTRAORDINARY ORIGINAL CIVIL JURISDICTION.
APPELLATE CIVIL JURISDICTION.
ORDINARY ORIGINAL CRIMINAL JURISDICTION.
EXTRAORDINARY ORIGINAL CRIMINAL
JURISDICTION.
APPELLATE CRIMINAL JURISDICTION.
ADMIRALITY JURISDICTION
TESTEMENTARY AND INTESTATE JURISDICTION
MATRIMONIAL JURISDICTION
INDIAN HIGH COURTS ACT, 1911
THE MAXIMUM NUMBER OF JUDGESRAISED
FROM 15 TO20.
THE POWER TO ESTABLISH HIGH COURTS WAS
NOW LIBERALISED.
IT MADE PROVISION FOR APPOINTMENT OF
ADDITIONAL JUDGES FOR MAXIMUM PERIOD OF
2 YEARS BY GOV- GEN- IN COUNCIL.
IT PRESCRIBED THAT THE SALARIES OF THE
JUDGES WERE TO BE PAID OUT OF THE
REVENUES OF INDIA.
THE GOVERNMENT OF INDIA ACT, 1915
THE ACT PROVIDED THAT WHILE THE THREE
HIGH COURTS COULD ADJUDICATE UPON A
MATTER CONCERNING REVENUE ON THEIR
APPELLATE SIDE, THEY COULD NOT DO SO ON
THEIR ORIGINAL SIDE.
THE GOV- GEN, GOV, LIEUTENANT GOV, CHIEF
COMMISSIONER, MEMBERS OF THE EXECUTIVE
COUNCIL OF THE GOV- GEN, AND A MINISTER
WERE TO BE EXEMPT FROM THE ORIGINAL
JURISDICTION OF THE HIGH COURTS FOR
ANYTHING DONE IN HIS PUBLIC CAPACITY.
HIGH COURTS UNDER GOVERNMENT OF
INDIA ACT, 1935
NUMBER OF JUDGES.

APPOINTMENT.

CHIEF JUSTICE.

ADMINISTRATIVE CONTROL OVER HIGH

COURTS.