THE SUPREME COURT OF 1774
SUPREME COURT OF JUDICATURE, 1774
On March 26, 1774, a Charter of Justice was granted for the establishment of
the Supreme Court at Calcutta King George III. The Supreme Court was
established on 22nd. October, 1774, and began functioning In January, 1775. It
is the 1st attempt in creating a separate and independent judicial system in
India.
This Supreme Court consisted of one Chief Justice and three other regular
judges The Judges had to be Barrister-at-Law of England or Ireland of not less
than five years' standing. The charter appointed Sir Elijah Impey as the chief
justice and Robert Chambers, Stephen Caesar Lemaitre and john Hyde as
judges who were appointed by the king.
JURISDICTION OF SUPREME COURT OF JUDICATURE 1774
1. 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.
2. Person, directly or indirectly, employed by the company or under the
services of his Majesty's subject.
3. 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.
4. 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.
POWER OF SUPREME COURT OF 1774
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
procced to the judgment of the cases without specifying. It was also a court of
equity and court of record.
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 SUPREME COURT WERE:
1. The judges of the Supreme Court were professional lawyer.
2. They were directly appointed by the crown, sent from England and held
office during Crown's pleasure.
3. Judges and lawyer had the adequate knowledge of English law and know
how to apply the law in the case.
4. 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.
5. 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.
6. the system of Judicial Review come into existence in India.
7. 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.
