The enactment of the Regulating Act of 1773 and the Act of Settlement were two major enactments in the Indian Legal History.
The Supreme Court of Judicature at Fort William, Calcutta was founded in 1774 by the Regulating Act of 1773. It replaced the Mayor's Court of Calcutta. It was British East India Company's highest court from 1774 till 1862.
From 1774 to the arrival of Parliament's Bengal Judicature Act of 1781 in June 1782, the Court claimed jurisdiction over any person residing in Bengal, Bihar or Orissa. These first years were known for their conflict with the Supreme Council of Bengal over the Court's jurisdiction. The conflict came to an end with Parliament's passing of the Bengal Judicature Act of 1781 which restricted the Supreme Court's jurisdiction to either those who lived in Calcutta, or to any British Subject in Bengal, Bihar and Odisha, thereby removing the Court's jurisdiction over any person residing in Bengal, Bihar and Odisha.
The jurisdiction of the court was only to the Calcutta region but extended to the people residing in the Bengal, Bihar and Orissa, if they were British and His/Her Majesty's subject.
Person, directly or indirectly, employed by the company or under the services of his Majesty's subject were under it's jurisdiction.
The persons who voluntarily submitted to the supreme court. The similarity between the legislation of 1773-74 and the Charter of 1753 is obvious.
The cases exceeding the limit of 500 rupees were under it.
But 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 fell 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 was 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. In criminal cases, court decided cases with the help of jury both the Grand Jury and Petty Jury.
The courthouse itself was a two storied building with Ionic columns and an urn-topped balustrade and stood by the side of the Writers’ Buildings. The building also served as the Town Hall of Calcutta at one time. It was demolished in 1792 to be replaced by the present building in 1832.
The first judges of the Supreme Court of Judicature at Fort William, Calcutta were:
Sir Elijah Impey, Chief justice from 1774 to 1783 on his recall to England for impeachment.
Stephen Caesar Le Maistre, Puisne judge from 1774 to 1777 on his death.
John Hyde (judge), Puisne judge from 1774 to 1796 on his death. the primary author of Hyde's Notebooks, a series of 74 notebooks that are a trove of information for the first years of the Supreme Court of Judicature at Fort William, the highest court in Bengal from 1774 to 1862. The originals of these are kept at the Victoria Memorial in Kolkata. Partial microfilms are held at the National Library of India, Kolkata. The digitized microfilm is available online. The originals, which vary slightly from the microfilm, were digitized in 2015 but have not been released as yet.
Robert Chambers, Puisne judge from 1774 to 1783, Acting Chief Justice from 1783 to 1791 and Chief Justice from 1791-1798. He was one of the judges in the notorious case of Maharaja Nandakumar. He was a contributor to Hyde's Notebooks during his term on the bench of the Supreme Court of Judicature. The notebooks are a valuable primary source of information for life in late 18th century Bengal and are the only remaining source for the proceedings of the Supreme Court. Chambers continued the notebooks after Hyde's death in 1796.
Sir William Jones, Puisne judge from 1783 to 1794 on his death. His work, The principles of government; in a dialogue between a scholar and a peasant (1783), was the subject of a trial for seditious libel (known as the Case of the Dean of St Asaph. In the last of his essays: "On the Philosophy of the Asiatics" (Asiatic Researches, vol. IV, p. 164), he wrote: "The fundamental tenet of the Vedânta school consisted not in denying the existence of matter, that is solidity, impenetrability, and extended figure (to deny which would be lunacy), but in correcting the popular notion of it, and in contending that it has no essence independent of mental perception; that existence and perceptibility are convertible terms."
Sir William Dunkin, an Irish barrister turned puisne judge from August 14, 1791. He died in 1807.
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.
Procedendo: the ability of the Supreme Court to order the lower court to proceed to the judgment of the cases without specifying.
It was 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.
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.
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