legal history presentation

ISMAILSAHEB MULLA LAW COLLEGE, SATARA.

PRESENTATION BY…

SAHEEL & CHETAN.CLASS - NLC- II

COLLEGE – I. M. L. C. SATARA

TOPIC – REGULATING ACT, 1773

&

SUPREME COURT AT FORT

WILLIAM ( CAlCUTTA)

The company had assumed real power of the government of Bengal, Bihar, Orissa after the battle of Plassey, and Buxer in 1764 . The demand of a loan by the Company cautioned the British government further & a committee was appointed by British parliament to investigate the affairs of company in Bengal. The reports of committee revealed the serious defects in its reports about judicial administration & government working. These reports ultimately led to the enactment of the Regulating Act of 1773 which is a landmark in yhe development of legal & constitutional history of India.

Background of the Act…

OBJECTIVES OF THE ACT…1) To bring the management of the Company

under the direct control of British Parliament & the British crown.

2) To inroduce reforms in the Company’s constitution at home i.e. in England.

3) To bring about reformation of Company’s Government in India.

4) To provide adequate remedies against attrocities and oppressions committed by the servants of the Company in India.

By the way…The Stamp used in British

Period in Bombay Presidency.

PROVISIONS…A) Changes in the Constitution of the

Company –

1) Directors Term Extended – The Regulating Act extended term of directors. Twenty Four Directors were elected annually & their tenure to last for four years & one-fourth of them were to retire every year by rotation.

2) The Proprietors Qualification Raised – The voting power was restricted only those shareholders who had a stock of 1000 pound instead of 500 pound.

B) LEGISLATIVE CHANGES…a) British Parliament Control – The main object of

this Act is to control affairs of the company by the British Parliament. So this Act intended to bring parliamentary control in two way –

1) Company bound to submit dispatches in

affairs related to civil & military affairs to the Board of Directors in England.

2) The Act again provided that all company govt. in India bound to submit dispatches in relation with revenue affairs to Board of Directors in England.

b) The Regulating Act raised the status of Governor in council at Bengal, Bihar & Orrisa. The govt. at other presidencies were given under the control at Supreme Council at Calcutta.

c) Judicial Changes…Establishing Supreme Court at Calcutta -:

The Regulating Act empowered the British Crown to establish a Supreme Court at Fort William (Calcutta) by issuing a Charter in 1774.

Other Changes -: a) Prohibition against private trade -:

Section 23 of Regulating Act provided that, Governor General the members of the Council & Judges of the Supreme Court were prohibited from accepting presents, gifts or engaging themselves into private trade.

b) Similar provision made for the servants of the company.

c) Violation of rules of the Regulating Act was punishable by court of King in England.

By the way… coin used in british Period…..1835.

Supreme Court At Fort William (Calcutta).

As stated earlier, the Regulation Act empowered the British Crown to establish a Supreme Court at Fort William by issuing a Charter.The British King George 3rd issued a Charter on March 26, 1774 which established a Supreme Court at Calcutta. It was a Crown’s Court. Sir Elijah Impey was appointed as the Chief Justice of the Supreme Court at Fort William (present Kolkata). The Charter of 1774 contemned detailed provision regarding the appointment & removal of the Judges as well as the jurisdiction, powers & functions of the Supreme Court in accordance with the Regulating Act.

Composition : The Supreme Court was to consist of a Chief Justice & three puisne Judges to be appointed by the Crown. Only those persons were appointed as Judges who were barrister of not less than five years standing.

Functions : The supreme Court was a Court of Record. It was conferred extensive jurisdiction over civil, criminal, admiralty & ecclesiastical cases. It was also a court of equity therefore it was given power to administer justice according to the principles of equity & good conscience.

By the way… Supreme Court Building at Calcutta in 1774.

Jurisdiction of Supreme Court.1)Civil Jurisdiction – The court was conferred

original jurisdiction in civil cases which extended to EIC & his Majesty’s subjects residing in Bengal, Bihar, Orrisa.

2) Criminal Jurisdiction – In criminal cases this court constituted as a Court of Oyer & Terminer & goal Delivery far the town of Calcutta & the factory of Fort William.

3) Admirality Jurisdiction – The Charter of 1774 declared that the Supreme Court was to be the court of Admiralty for Bengal, Bihar & Orissa.

By the way… Warren Hastings…Governor of

Fort William.

3) Ecclesiastical Jurisdiction -: This court also exercised jurisdiction over British subjects residing in Bengal, Bihar & Orissa in the same manner as it was exercised in the Diocese of London.

4) Equity Jurisdiction -: The Supreme Court was to be Court of Equity under the Charter of 1774 & could administer justice according to the principles of justice, equity, good conscience.

5) Writ Jurisdiction -: The Supreme Court, being a superior court, could issue writs to courts & officers subordinate to it which included the Court of Collector, Courts of Requests, Quarter Session, Sheriffs etc.

6) Provision for Appeals -: Appeals from the decision of supreme court could be taken to the King-in-Council in England, within 6 months of the date of judgment.

By the way… the powerful EIC.

But mahatma rewritten history & fate of British's.

At last…… India WON