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Judicial Administration

The document discusses the judicial administration under French rule in Pondicherry, detailing the establishment of various courts and the centralization of power under the French crown. It also covers the establishment of the Supreme Court in Calcutta under the Regulating Act of 1773, highlighting its conflicts with the East India Company and its intended role in protecting native rights. The document concludes with the Settlement Act of 1781, which aimed to resolve the power struggles between the Supreme Court and the East India Company.

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Ashwin Sri Ram
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18 views3 pages

Judicial Administration

The document discusses the judicial administration under French rule in Pondicherry, detailing the establishment of various courts and the centralization of power under the French crown. It also covers the establishment of the Supreme Court in Calcutta under the Regulating Act of 1773, highlighting its conflicts with the East India Company and its intended role in protecting native rights. The document concludes with the Settlement Act of 1781, which aimed to resolve the power struggles between the Supreme Court and the East India Company.

Uploaded by

Ashwin Sri Ram
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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HISTORY

JUDICIAL ADMINISTRATION UNDER THE FRENCH PONDICHERRY

The French were the last to reach Indian subcontinent. However there
were several attempts to establish trade connections with the east.
Surat was the target site for all foreigners, French failed due to pressure
from other European competitors. French went to corommandel coast to
establish settlement by native rulers.
In 1674, Pondicherry was given to the French by a native ruler of Tanjore.
Later it become the capital of French. French enterprise was a government
enterprise and due to the lack of resources, it had very limited settlement
(Karaikal, Chandranagore etc.,)
The officials in India merely implemented the policy decisions made by the
French crown. They did not enjoy freedom to make decisions. Thus Judiciary was
influenced by this centralization.
French and Portuguese, both are government enterprise, and propagating
christianity was also one of their goals.
Judicial Administration:
When Surat was their settlements, French laws were implemented, first
sovereign council was established in Surat for Judicial matters. In 1701,
Pondicherry was made Headquarters with fort.
Initially they recognized local laws and customs. Three type of courts were
established.
(i) Sovereign Courts controlled by Governor and his council members
(ii) Provincial Courts: was established in all settlements under sovereign courts.
(iii) Local Courts: It was allowed to function in local level.
In late 18th century, Advisory committee was established. It consisted of
Indian members, representation was given to all the caste, not only to brahmins.
Administrative courts were established deal with political issues.

1
According to the diaries of Anantarangam pillai, it was a part of the French
administration in 11th century with king duplex. He accounted the politics,
customary practices, society and Judicial administration.
To control the people severe punishment were given for ordinary crimes.
There was no clear destination between executive and judiciary. Governors were
vested with so much powers.
II. Establishment of Supreme Court of Calcutta
Regulating Act 1773, leads to the establishment of Supreme Court in
Calcutta.
Objects and Reason
(i) Uniformity
(ii) to eradicate ideology
(iii) whig political ideology
iv) private traders in England demanded abolition of monopoly trade rights of
EIC.
(v) Groups of English politicians demanded that the control of India must be
through parliament and not by EIC.
Regulatory Act 1773
1. It empowers Governor general and his council to make laws, rules and
regulations.
2. Power was given to crown either to accept or reject the rules made by
governor and his council.
3. The crown may establish a Court.
4. Supreme Court at Calcutta was established. It replaced the major courts.
Cases are adjudged based on English law. There were 4 Judges for the first
time there were professional lawyers and Judges. The Judges were barristers in
UK with 5 years of experience. One of them has to act as Chief Judge.
To monitor Judicial administration in British India Supreme court was
established. Colonial officials, natives brought under it Jurisdiction. It was
empowered to supervise “company courts”

2
Now native can file petitions against the company officials. Company
officials did not welcome the establishment of Supreme court at Calcutta.
Supreme Court Vs EIC (Conflicts)
Supreme Court claimed that it has powers even to punish company
officials and on the other side it has no role in Government functioning. Supreme
court claimed that they can supervise Judicial administration of the company but
the claim was refused by the company. They had powers to punish even the
Judges of company courts.
Supreme Court was established to protect natives but it failed its purpose.
(i) Nandakumar Case: Allegation was made against hastings for corruptions.
Supreme Court ordered him to present before a commission, the commission was
headed by Warren Hastings. The Supreme Court offered death sentence to
Kumar. It was the first Judicial death in British India.
Supreme Court refuse to refer the case to privy council. He was hanged to
death.
Reason for Power struggle between SC and EIC
1. Jurisdiction of SC was not clear.
2. SC was established to supervise the EIC functioning.
3. No clear cut distinction between the company and the court.
In Patna case, Supreme Court found the native law official guilty and
ordered to pay compensation. They fail to pay compensation. So the native
official were put in prison.
Settlement Act 1781
It was established to settle the conflict between SC and EIC. The native
officials were released after this Act.

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