Indian Judiciary and High Court Regulations
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Questions and Answers

What is the minimum qualification required for a judge to be appointed to a High Court in India?

A judge must be a citizen of India and should have held a judicial office in India for ten years or been an advocate of a High Court for ten years.

How is the Chief Justice of a High Court appointed?

The Chief Justice is appointed by the President after consulting with the Chief Justice of India and the governor of the state concerned.

What powers do High Courts possess as courts of record?

High Courts have the power to record judgments and proceedings for perpetual memory and the authority to punish for contempt of court.

What is the tenure for judges of a High Court in India?

<p>Judges hold office until they attain the age of 62 years.</p> Signup and view all the answers

Under what conditions can a High Court judge be removed from office?

<p>A High Court judge can be removed by the President based on the recommendation of Parliament for proved misconduct or incapacity.</p> Signup and view all the answers

What was the composition of the corporation established by the Charter of 1726?

<p>The corporation consisted of a Mayor and nine Aldermen, with seven Aldermen being British subjects and two being natives.</p> Signup and view all the answers

What happens when a person is appointed as a judge of the Supreme Court of India?

<p>He vacates his office.</p> Signup and view all the answers

What was the tenure duration of the Mayor as per the Charter of 1726?

<p>The tenure of the Mayor was one year, after which he continued as an Alderman.</p> Signup and view all the answers

According to Article 124, who is responsible for appointing the Chief Justice of India?

<p>The President of India.</p> Signup and view all the answers

Who had the authority to dismiss an Alderman according to the Charter of 1726?

<p>The Governor and the Council had the power to dismiss any Alderman for reasonable cause.</p> Signup and view all the answers

What was the role of the Mayor's Court established under the Charter of 1726?

<p>The Mayor's Court was a Court of Record that could hear all civil cases arising in the Presidency Town and its factories.</p> Signup and view all the answers

What are the qualifications required for an individual to be appointed as a judge of the Supreme Court?

<p>A citizen of India, with either 5 years as a High Court judge, 10 years as a High Court advocate, or being a distinguished jurist.</p> Signup and view all the answers

What was the quorum required for the Mayor's Court to function?

<p>The quorum consisted of the Mayor or the Senior Aldermen along with two other Aldermen.</p> Signup and view all the answers

What is the maximum age limit for a judge of the Supreme Court of India to hold office?

<p>65 years.</p> Signup and view all the answers

What powers does Article 227 grant to the High Courts?

<p>Superintendence over all courts.</p> Signup and view all the answers

What types of cases could the Mayor's Court hear?

<p>The Mayor's Court could hear civil cases, testamentary succession cases, and issues of contempt.</p> Signup and view all the answers

What appeal process was available for decisions made by the Mayor's Court?

<p>Decisions could be appealed to the Governor and Council, and further appeals could reach the King in Council in England for cases over 1000 pagodas.</p> Signup and view all the answers

Under what circumstances can a Supreme Court judge resign from office?

<p>By writing to the President.</p> Signup and view all the answers

What is the significance of Article 125 regarding the salaries of Supreme Court judges?

<p>It prevents the reduction of salaries after appointment.</p> Signup and view all the answers

What legal framework did the Mayor's Court operate under according to the Charter of 1726?

<p>The Mayor's Court operated under English law, which governed both natives and Englishmen.</p> Signup and view all the answers

What is the current composition of the Supreme Court of India?

<p>1 Chief Justice and 33 other judges, totaling 34 judges.</p> Signup and view all the answers

What significant judicial change occurred in 1698 regarding the Admiralty Court?

<p>The Governor and Council started hearing appeals from the Admiralty Court's decisions.</p> Signup and view all the answers

Who formed the Mayor's Court and what was their role?

<p>The Mayor and three senior Aldermen formed the Mayor's Court, acting as Justices of Peace to try civil and criminal cases.</p> Signup and view all the answers

What was the fate of appeals from the Mayor's Court for serious cases?

<p>Appeals were allowed to the Admiralty Court for civil cases over 3 pagodas and criminal cases involving severe punishments.</p> Signup and view all the answers

Discuss one demerit of the Mayor's Court concerning justice.

<p>The decisions lacked uniformity and consistency, often leading to severe punishments without a fixed legal system.</p> Signup and view all the answers

What extreme punishment was imposed on the three Indians charged with murder?

<p>They were subjected to death sentences involving brutal methods including dismemberment before execution.</p> Signup and view all the answers

What negative traits were attributed to the Mayors in the Mayor's Court?

<p>Mayors were often alleged to be corrupt and lacking in character and integrity.</p> Signup and view all the answers

What was the function of the Recorder in the Mayor's Court?

<p>The Recorder, appointed for his legal knowledge, assisted the Mayor and Aldermen in judicial matters.</p> Signup and view all the answers

How did the establishment of the Mayor's Court affect the Choultry Court?

<p>The establishment of the Mayor's Court resulted in the loss of importance for the Choultry Court.</p> Signup and view all the answers

What authority was created to cover civil business in Bombay besides the Admiralty Court?

<p>The Court of Judicature was created to cover civil business in Bombay.</p> Signup and view all the answers

Who was authorized to act as Chief Justice of the Court of Judicature?

<p>Dr. St. John was authorized to act as Chief Justice of the Court of Judicature.</p> Signup and view all the answers

What conflict arose between Dr. St. John and Governor John Child?

<p>The conflict arose over judicial independence; John Child did not support this principle adopted by Dr. St. John.</p> Signup and view all the answers

What action did Governor John Child take against Dr. St. John's judicial powers in 1685?

<p>Governor John Child withdrew Dr. St. John's powers to act as Chief Justice.</p> Signup and view all the answers

Who replaced Dr. St. John as judge of the Court of Judicature after his dismissal?

<p>Vaux, a member of the Bombay Council, replaced Dr. St. John as judge.</p> Signup and view all the answers

What was the period from 1690 to 1718 referred to in Bombay's legal history?

<p>This period is referred to as a dark period in Bombay's legal history.</p> Signup and view all the answers

When was the Court of Judicature revived in Bombay after the long interruption?

<p>The Court of Judicature was revived on 25th March 1718.</p> Signup and view all the answers

How many judges comprised the Court of Judicature established in 1718, and what was the composition?

<p>The court consisted of nine judges: five Englishmen and four representing different Indian communities.</p> Signup and view all the answers

What criticism did Lord Bourgham have regarding the Privy Council's constitution in 1828?

<p>Lord Bourgham criticized the Privy Council's constitution due to its inadequate provisions for the extensive appellate jurisdiction that it held.</p> Signup and view all the answers

What significant reform regarding the Privy Council was enacted by the British Parliament in 1833?

<p>The British Parliament enacted the Judicial Committee Act, 1833, which officially created the Privy Council to hear appeals from courts in British Colonies.</p> Signup and view all the answers

How was the quorum of the judicial committee of the Privy Council initially structured under the Judicial Committee Act, 1833?

<p>Under the Judicial Committee Act, 1833, the quorum was fixed at four, comprising the Lord President, Lord Chancellor, and other Chancellors.</p> Signup and view all the answers

What were the two conditions for appealing to the Privy Council from the Supreme Court as per the Charter of 1774?

<p>The two conditions were that the amount involved must exceed 1000 pagodas and the appeal must be filed within six months of the decision.</p> Signup and view all the answers

What change did the Act of 1797 introduce regarding the Mayor's Courts at Madras and Bombay?

<p>The Act of 1797 replaced the Mayor's Courts at Madras and Bombay with Recorders Court and allowed direct appeals from these courts to the Privy Council.</p> Signup and view all the answers

What was the purpose of establishing Mayor’s Courts under the Charters of 1726 and 1753?

<p>The Mayor's Courts were established to adjudicate local disputes, with appeals allowed first to the Governor-in-Council and then to the Privy Council for significant matters.</p> Signup and view all the answers

What significant event occurred on 14th August 1833 in relation to the Privy Council?

<p>On 14th August 1833, the Privy Council was officially created by the enactment of the Judicial Committee Act.</p> Signup and view all the answers

Why was the value of the appeal matter limited to 1000 pagodas in the case of Mayor’s Courts and later regulations?

<p>The value limitation of 1000 pagodas ensured that only significant legal matters would progress to the Privy Council for appeal.</p> Signup and view all the answers

Study Notes

Module IV: Judicial System in Ancient, Medieval, and Post-Independent India

  • This module covers the evolution of the judicial system in India, spanning ancient, medieval, and post-independence periods.

Judicial System of Madras Presidency

  • In 1639, Francis Day acquired land for the East India Company, known as Madraspatnam.
  • A factory was constructed on this land, called Fort St. George, in 1640.
  • The fort was known as White Town, with nearby villages called Black Town.
  • The administrative head was the 'Agent,' assisted by a council.
  • This administrative unit was subordinate to Surat.
  • Initial activities were limited to regulating commercial activity.

Administration of Justice at Madras-Choultry Court

  • A Choultry court was established to handle petty civil and criminal cases.
  • Black Town had a Judicial Officer, the 'Adhikari,' responsible for smaller cases, excluding complex civil matters and serious crimes like murder.
  • Appeals went to the Agent and Council.
  • Misuse of power resulted in removal from the Adhikari's post.

Choultry Court: Demerits

  • There was no fixed trial procedure.
  • Cases involving Indians were handled on an ad hoc basis.
  • The process varied from case to case.
  • Capital cases involved referral to the Raja, who applied English laws, despite the Agent and Council's lack of death penalty power.
  • Two types of courts existed: Agent and Council for White Town and Choultry Court for Black Town.

Reorganization of the Judicial System (1678-1683)

  • The Governor of Madras (Streynsham Master) attempted to improve the court's efficiency and vigor from 1667 to 1681.
  • Courts sat two days a week (Tuesday and Friday) to administer civil and criminal justice, per English law, with 12 jurymen.
  • The Governor and Council were renamed the High Court of Judicature in 1678.
  • The Choultry courts were reorganized, replacing Indian officers with English officers.
  • Three judges were required to hear cases, and records were kept.
  • The court had jurisdiction over civil cases up to 50 Pagodas and petty criminal cases.

Establishment of Admiralty Court (1683-1726)

  • King Charles II granted a charter to establish the Court of Admiralty on August 9, 1683, effective July 10, 1686.
  • The court was to punish crimes on the high seas.
  • Initially, the Governor served as the judge-advocate, later replaced by Sir John Biggs.
  • The court had broad jurisdiction covering civil, criminal, maritime, and mercantile matters, including forfeiture of ships, piracy, injury, and wrongs.
  • It was guided by merchant laws, customs, and rules of equity.
  • The Governor and Council relinquished judicial functions under the 1661 charter, ceasing to act as a court.

Admiralty Court (1683-1726)

  • In 1687, the appointment of a professional lawyer was significant in Admiralty courts.
  • The court gave up judicial functions.
  • Juries were assisted in criminal cases, not civil.
  • Following the death of Sir Biggs (1689), an officer from England assumed the judge advocate position. The positions for the judge also involved a Hindu.
  • In 1692, a new English lawyer arrived, but faced accusations and was dismissed by 1694.
  • Starting in 1698, Governor and Council heard Admiralty Court appeals.
  • By 1704, Mayor's Court garnered more attention and prominence, leaving the Admiralty Court with less importance.

Charter of 1687 and Establishment of Mayor's Court (1683-1726)

  • Fort St. George and surrounding territories, ten miles radius, became a corporation under the company charter of July 30, 1687
  • England used the same format for judicial power to be conferred on municipal corporations.
  • Mayor and three Aldermen formed the mayor's court, called 'justice of peace'.
  • The court dealt with civil and criminal cases arising with the specific corporation limit, based on equity and conscience.
  • Punishment included fines, imprisonment, and capital punishment (in cases involving severe offenses exceeding 3 Pagodas, appeals to Admiralty Court).

Demerits of Mayor's Court

  • Decisions lacked uniformity and consistency.
  • Justice was often harsh and not according to legal system standards.
  • Three Indians, initially taken to the crime scene and penalized with severe punishment (cutting of beards, hands), in contrast to the procedure against two English men that was referred to authorities in England
  • Allegations of Mayor corruption.
  • A recorder with legal knowledge was needed for the Mayor's Court for better rulings.
  • Governor had great influence over the Mayors Court.

Status of Choultry Court After Establishment of Mayor's Court

  • The Mayor's Court lessened the Choultry Court's importance.
  • The Choultry Court continued function with petty case jurisdiction (up to two Pagodas), including criminal cases (inflicting fines, pillory, whipping, and imprisonment).

Crime and Punishments at Madras Settlement

  • Punishments frequently lacked principle, standards, and humanity.

  • Imprisonment or whipping was common for theft or debt failure.

  • Banishment occurred for severe offenses like manslaughter, murder, and piracy and included branding with a 'P' letter on the forhead and returning to England.

  • Imprisonment for debt.

  • Capital punishments such as hanging or whipping were common.

  • For serious cases, some were sent to England for trial, including some instances of piracy.

  • Seizure of property.

  • For crimes like theft, witchcraft or perjury, the punishments included fines, imprisonment up to slavery, ear amputation, standing in a pillory, and banishment.

  • Instances of murder, manslaughter, and piracy frequently involved punishments tailored to the perpetrator's status—European offenders might be sent back to England, while Indians faced more locally applicable penalties.

  • The punishment for theft was to become a slave.

  • The punishments were severe, and the concept of equality was not respected.

Administration of Justice in Bombay (1668-1726) - First Phase (1668-1683)

  • The Portuguese initially controlled Bombay, which was later transferred to Charles II as dowry in 1661.
  • Due to practical difficulties, Bombay was transferred to the East India Company in 1668 at a low annual rent.
  • The island was a small and poor fishing village with 10,000 people at that time, however in 1534 it was taken from the King of Gujarat.
  • Bombay initially faced difficulty with governing due to its remoteness and lack of resources.
  • Gerald Aungier, the Governor of Surat factory, constructed the first judicial system in Bombay in 1670.
  • Divisions of Bombay including Bombay, Mazagaon, Girgaon, Mahim, Parel, Sion and Worli were introduced in the First Division and Second Division to manage matters with separate customs officers from each division, along with Indian judges, alongs side the English Judges.
  • The courts had a jurisdiction over cases involving up to 200 xeraphin
  • These courts submitted reports to the Deputy Governor, creating a higher superior court.
  • A justice of the Peace was in charge of every division including criminal jurisdiction.
  • These personnel were to examine witnesses and send reports to the court to determine the criminal matters from the case record.

Administration of Justice in Bombay (1668-1726) - First Phase (1668-1683): Additional Information

  • Criminal justice was divided into 4 sections; Bombay, Mahim, Mazagaon, and Sion.
  • Each section had an English Justice of Peace.
  • The Justices of Peace conducted preliminary exams. of witnesses and submitted records to the Court, who were to hold court once a month; this court had juries.
  • Appeals were allowed to the Deputy Governor and Council in Bombay.

Administration of Justice in Bombay (1668-1726)

  • The Deputy Governor and Council were responsible for the higher court and had both original and appellate jurisdiction for matters exceeding 200 Xeraphins.
  • The initial judicial system in Bombay had some flaws, including the lack of formal legal knowledge among the judges who were merchants.
  • The Governor attempted to improve the judicial system by requesting help from a qualified lawyer.
  • In 1672, George Wilcox was appointed as the judge
  • The system was interrupted by the Keigwin's rebellion on the island in 1683.

Administration of Justice in Bombay (1668-1726) - Additional notes

  • The initial jurisdiction covered all cases, civil, criminal, probate and testamentary, and the court sat weekly.
  • Procedures to make quick judicial decisions (based on simple laws and customs of merchants), and an affordable fee of 5% for each case were established.
  • Poor people could sue without fees.
  • Punishments during the first phase included debtor imprisonment, with specific instances involving deceased bodies held until debt was resolved through the relative's payment.

Judicial System of Bombay (1668-1726) Second Phase (1683-1690).

  • This charter established courts for maritime causes, such as ship offenses, lawsuits, injuries and trespasses.
  • Each court had a trained judge in civil law, assisted by two individuals appointed by the company.
  • Decisions adhered to the rules of equity and good conscience.
  • The court's authority was in the name of the Crown, not the company.
  • Dr. St. John, a civil lawyer from England, was named the judge advocate with an annual salary of 200 pounds, creating an Admiralty Court of Bombay.
  • The Court of Judicature was created, as the Admiralty Court scope was not extensive enough to handle the entire civil business.
  • Dr. St. John was appointed the Chief Justice of the Court of Judicature.

Judicial System of Bombay (1668-1726)

  • Governor John Child opposed Dr. St. John on his decisions.
  • In 1685, the powers of Dr. St. John as Chief Justice of the Court of Judicature were revoked by the Governor.
  • Vaux was appointed judge of the Court instead, with no legal training
  • Conflicts arose between the Governor and the judiciary.
  • Dr. St. John criticized Vaux's appointment and his lack of legal training.

Judicial System of Bombay (1668-1726)

  • In 1690, Siddi Yakub Admiral Emperor invaded the island of Bombay, ending the formal legal system until 1718.
  • After 30 years, it was revived with a new Court of Judicature on March 25, 1718, led by Governor Charles Boone, approved by the Company authorities on the 25th March 1718.
  • The new Court of Judicature comprised a Chief Justice and eight other judges, including some Indian members.
  • These judges included individuals with Indian representation from different communities

Judicial System of Bombay (1668-1726)

  • The newly established Court of Judicature (1718) was composed of nine judges, with five being English, and four representing diverse Indian communities (Hindus, Mohammedans, Christians, and Parsi)
  • The court met weekly, with three English judges forming a quorum.
  • Indian judges were primarily assistants to English judges and did not possess parity of status.

Judicial System of Bombay (1668-1726)

  • The court had jurisdiction over civil and criminal cases and handled cases up to 100 Xeraphins, with appeals allowed for cases above.
  • Notices for appealing cases had to be made within 48 hours of the court decision and appeal fees were established.
  • Debtors were to be jailed until their debts were paid off.

Functioning of The Court and Punishments in Bombay (1668-1726)

  • The judicial system of Bombay ran roughly and quickly by lay standards, in a clear, efficient, and straightforward manner
  • There were no bound judicial practices or technical legal requirements.
  • Judges frequently overlapped in both the court of first instance and the appellate court
  • Lack of independence from the executive
  • Judges were removed for differences with the Governor and Council
  • Debtors were kept in custody until debts were paid
  • Whipping with 39 lashes was a prevalent punishment.

Functioning of the Court and Punishments in Bombay

  • The court handled cases swiftly with low costs
  • The punishments were generally harsh and often influenced by the customs of different religious groups

Functioning of the Court and Punishments: Third Phase

  • Equality existed in punishments between male and female offenders
  • Branding was also a form of punishment
  • Punishments for serious crimes like murder, rape, treason and manslaughter were severe and followed English law.
  • Theft of possessions worth 40 shillings or more was categorized as a capital offense.
  • Prison sentences for robbery involved an initial stage of whipping, branding, then imprisonment for hard labor

Judicial System of Calcutta Under Mughal Rule: Administration of Justice at Calcutta

  • Zamindars had limited judicial power, primarily focused on revenue collection and maintaining law and order.
  • Qazi courts handled civil and criminal matters in districts, sarkars, and parganahs. The courts were prevalent in the villages as well.
  • Village panchayats also played a significant role by resolving local disputes, except in cases of more serious crimes
  • Appeals were made to the Qazi of Sarkar (district) and then to the Chief Qazi of Subah (province).

Judicial System of Calcutta Under Mughal Rule: Other details

  • Elders (Brahmins, in Hindu communities) often played a role in resolving disputes on a local basis due to community familiarity
  • The system was simple, relying on community knowledge rather than formal legal documents
  • The courts of the Nawab often faced issues of corruption and irregularity, particularly concerning case fees.

Judicial System of Three Villages of Calcutta Under East India Company

  • The Company adopted the existing Mughal judicial structures for criminal cases.
  • A Faujdari Court, headed by an English collector, was set up to handle criminal cases involving natives.
  • Petty criminal cases involving English people were also within its jurisdiction.
  • Capital punishment was only imposed after approval by the Governor and Council.
  • Death was carried out via whipping.
  • Serious crimes were handled per the 1661 charter.

Judicial System of Three Villages of Calcutta Under East India Company: Civil Cases

  • Collectors presided over civil courts, often delegating smaller matters to arbitrators based on local customs and equity.
  • In more complex situations, natural justice and equity served as guiding principles.
  • Appeals in significant cases could be made to the Governor and Council.
  • Collectors, as Zamindars, also collected revenue from residents of the three villages.

Drawbacks of Calcutta Administration

  • Collectors' offices became highly significant in Calcutta's judicial system.
  • The position encompassed civil, criminal, and revenue matters, including those pertaining to Europeans' petty offenses.
  • No separation of executive and judicial powers

Charter of 1726 and the Establishment of Mayor's Court at All Three Presidencies

  • King George I issued a charter on September 24, 1726, establishing a unified judicial system for Madras, Bombay, and Calcutta.
  • Established unified judicial systems and their courts' authority derived from the Crown, independent of the company.
  • The courts were granted Royal Court status.
  • Appeals were allowed to the Privy Council.
  • Each presidency needed to form a corporation.

Charter of 1726 and the Establishment of Corporations at All Three Presidency Towns

  • The Mayor and seven Aldermen must be British subjects; two Aldermen could be natives, and served for a year, with the top position elected by the Aldermen with new ones appointed according to the Charter.
  • Aldermen could serve for the entirety of their lives, if resident in the presidency town.
  • Aldermen were chosen by the Mayor and other Aldermen and could also appeal decisions regarding dismissal made on reasonable grounds to the Privy Council.
  • The Governor and Council had the right to remove Aldermen based on reasonable cause.

Establishment of Mayor's Court

  • The court's quorum required the Mayor and two other Aldermen to be in attendance.
  • The Mayor's court was designated as a Court of Record.
  • The court handled civil cases arising within the presidency and its subordinate factories as part of its jurisdiction.
  • The Court also handled cases of testamentary succession, issuing letters of administration, and issuing probate.
  • They also had the right for punishing for contempt of court.

Mayor's Court-Procedure

  • The Governor and Council appointed a Sheriff who served as the Mayor's Court officer with a one-year term.
  • Sheriffs carried out court-issued summons, ordering defendants to appear in court on set dates.
  • Warrants to arrest (for non-compliance) or release (on bail or security) were also an option for use within the court.
  • Warrants for execution were issued by the court to be enforced by the Sheriff.

Justice of Peace and Administration of Justice

  • The Governor and five senior Council members held the Justice of Peace position.
  • The Justices of Peace handled criminal offences, including arrest and punishment.
  • This represented a first introduction of English criminal justice in India, but was done with a jury.
  • Courts operated four times a year, handling all offenses, excluding treason cases.
  • Criminal cases involving treason were dealt with a jury system, following English Law.

Merits of Charter of 1726

  • Established uniform judicial system in Calcutta, Bombay, and Madras, using English law, which had precedents, and provided royal court status to Indian courts.
  • Established a standard appeal system (Privy Council).
  • Established a system of separation of executive and judicial powers in the court system (although imperfect).
  • The charter introduced English laws to India.

Demerits of Charter of 1726

  • The separation of powers, while present, was not fully implemented due to governor and council actions and privilege of appeal to Privy Council.
  • Appeals (for cases valued less than 1000 pagodas) were only valid to the Governor and Council.
  • Laymen handling judicial roles.
  • Significant underrepresentation of Indian citizens among the court's members.

Differences Between Charters of 1687 and 1726

  • Scope of Application: 1687 applied only to Madras, while 1726 encompassed all three presidencies.
  • Creation: 1687 courts were created by the company, while 1726 courts were created by the Crown.
  • Jurisdiction: 1687 had broader jurisdiction, including civil and criminal cases, constrained by the corporation limit, while 1726 focused on civil cases
  • Appeal: 1687 allowed appeal to Admiralty Court, while 1726 allowed appeals to the Privy Council.
  • Law and Procedure: 1687 lacked detailed procedural details. 1726 was expected to follow English practice
  • Recorder: 1687 had a recorder, while 1726 didn't.
  • Participation of Indians: 1687 showed no mention of Indian participation, while 1726 showed limited representation with not all Aldermen being non-native

Changes Introduced to the Charter of 1753

  • Governor and Council appointed Aldermen and the Mayor by submitted panel of names, where they chose one person
  • Jurisdictions of courts were uncertain resulting in disagreements between courts and the Governor/Council
  • Created provision for handling complaints by Mayor and aldermen.
  • Allowed for cases from outside jurisdiction of Mayor's Court.
  • Specified jurisdiction limitations for Mayor's Court related to native citizens (unless both parties agreed to the court's handling).

Merits and Demerits of Charter of 1753

  • Merits: Increased Mayor's Court jurisdiction to include cases against the Governor, Council, and the Company. Increased accessibility with Court of Requests created for impoverished claimants with simple cases.
  • Demerits: The charter made judiciary subservient to the executive, as Aldermen selection fell under Governor and Council. Judges handling Mayor's Court were company servants who lacked formal legal training as they were often laymen.

Federal Court (Government of India Act 1935)

  • The 1935 Act introduced a federal system to India.
  • It divided subjects/powers across the centre, provinces, and a concurrent list.
  • The Viceroy retained residuary powers.
  • A bicameral legislature, Federal Assembly (lower house) and Council of States (upper house of Parliament), was implemented.
  • The introduction of direct elections.

Federal Court

  • Part IX, Chapter I of the Government of India Act 1935 outlined the Federal Court in India and its provisions (Sections 200–218 covered federal courts).
  • The Federal Court was inaugurated on October 1, 1937, in Delhi.
  • The court was managed by the Viceroy, who administered oaths to the Chief Justice and other judges
  • The court comprised a chief justice and a maximum of six other judges, allowing future increases as needed.
  • Other judges were appointed by the Chief Justice under royal warrant.

Federal Court: Qualifications and Tenure

  • Judges were required to be High Court judges, barristers for at least 10 years, or experienced advocates in a High Court
  • Judges held office until reaching 65 years, had the ability to resign or be removed due to misconduct or incapacity (impeachment).

Federal Court: Jurisdiction

  • The court upheld original jurisdiction in civil matters between provinces and the federal state (determining legal disputes).
  • The court held appellate jurisdiction over High Courts, except in matters determined to involve necessary constitutional interpretation.

Federal Court: Additional Notes

  • The court was empowered to pass orders essential for justice in cases before it.
  • It was empowered to make rules for business conduct in conjunction with the Governor General

Privy Council

  • The Privy Council's history dates back to the Norman Period in 11th century England.
  • The Privy Council emerged from the Curia Regis, which was a governing council responsible for advising the King
  • The Curia Regis consisted of high state officials, royal constituents and clerks who aided the King and acted as a major advisory body until the time of Henry II, where two different common law courts, King's Bench, and Common Pleas Courts were formed to provide more structured administration and separate judicial proceedings.
  • In the later period, the Curia Regis further evolved and split into the Curia Regis (judicial functions) and the Magnum Concillium (executive function)

Privy Council: India's Composition

  • India's Privy Council acted as an appellate body, starting in 1726, when the Mayor's Court was established.
  • The initial privy council dealt with cases via committee.
  • In 1828, Lord Bourgham highlighted the importance and extent of the privy council's appellate responsibilities.
  • The Judicial Committee Act, 1833, aimed to reform the council's structure and fixed quorum for judicial appeals (four persons).

Appeals from Courts in India to the Privy Council

  • Mayors courts, first with appeal going to the Governor and Council, then to the Privy Council (cases valued at more than 1000 Pagodas).
  • Appeals were also allowed after the Regulating Act of 1773 and the 1774 Charter.
  • Further appeals to the Privy Council were possible from the Calcutta Supreme Court, for cases exceeding 1000 pagodas within six months of the decision.
  • Appeals regarding recorders' courts (Madras, Bombay) were granted via direct appeal, according to the 1797 act.

Appeals from Courts in India to Privy Council

  • Appeals from the Supreme Court were directed to the King-In-Council (with permission), for matters exceeding ₹ 1000.
  • Decisions from the Supreme Court could also be challenged to the King-In-Council in criminal cases.
  • The High Courts could petition special leave regarding appeals for criminal matters.

Abolition of Privy Council Jurisdiction

  • A 1933 white paper was issued to establish India's Supreme Court for appeals from high courts.
  • The Act of 1948 abolished direct appeals to Privy Council from high courts, also abolishing the antiquated system of filing appeals to the privy council (either directly or through special leave).
  • The Abolition of Privy Council Jurisdiction Act of 1949, completely abolished the Privy Council's jurisdiction.
  • Appeals were transferred to the Federal Court.

High Courts

  • Articles 214-231 of the Indian Constitution address High Courts, outlining their composition, powers, and functions.
  • Each state has its own High Court.
  • A High Court functions as a court of record, with the authority to maintain records, act as arbiters, and hold contempt hearings.
  • Each High Court has a Chief Justice and other judges appointed by the President of India, after consultation with the Chief Justice of India, and the respective state's governor.

High Court: Appointment

  • The President appoints High Court judges, consulting the Chief Justice of India and the state's governor (in cases of common High Court).
  • The judges' tenure extends until they reach 62, with the ability to resign or be removed through impeachment for misconduct or incapacity.

High Court: Jurisdiction

  • High Courts uphold original jurisdiction, acting as courts of record (preserving records).
  • High Courts have appellate jurisdiction related to the pronouncements of lower courts.
  • High Courts have superintendence power over all courts in their jurisdiction area.

Supreme Court of India

  • Established under Article 124 of the Indian Constitution. It is the highest judicial forum and final court of appeal.
  • The Chief Justice is appointed by President, consulting relevant judges of Supreme and High Courts (appointments of other judges also fall under this consideration).
  • Supreme Court's membership is capped at 34 (1 Chief Justice + others).

Supreme Court Qualifications

  • Judges need to be citizens of India, have served as a High Court judge (or in succession in different High Courts) for 5 years, or been an advocate of a High Court for 10 years or be a distinguished jurist, in President's opinion.

Supreme Court Tenure

  • Supreme Court judges hold office until age 65.
  • They can resign or be removed through impeachment, for proved misconduct or incapacity, and also if appointed to another position in the same or different branch

Supreme Court Jurisdiction

  • Original Jurisdiction: The Supreme Court adjudicates disputes between different parts of the Indian Federation (Centre vs. states, states vs. states, and within the Centre).
  • Writ Jurisdiction: Issues writs (orders) to enforce Fundamental Rights of citizens, with relevant reference to Article 32 of the Constitution,
  • Appellate Jurisdiction: Supreme Court hears appeals against decisions of High Courts. Appeals also fall under consideration for cases involving substantial questions of law. Cases requiring interpretation of the Constitution and appeals in civil or criminal matters fall under this jurisdiction. There is also an option for special leave appeals, which allows the Supreme Court to review cases from any court or tribunal (except in some military tribunal examples).
  • Advisory Jurisdiction: The President can ask the Supreme Court for advice on legal questions of public significance. This opinion from the Supreme Court is advisory only.

Supreme Court: Additional Notes

  • The Supreme Court has the authority to compel transfer of cases, ensuring equitable justice to all parties involved.
  • The Supreme Court has interpretative power over the Constitution's laws, ensuring consistent application across different cases and scenarios.
  • The Supreme Court is a court of record (records of proceedings/judgment are considered legally valid and binding).

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Judicial System in Ancient, Medieval, and Post-Independent India PDF

Description

Test your knowledge on the qualification, appointment, and powers of judges in the Indian High Courts and Supreme Court. This quiz covers historical aspects like the Charter of 1726 and the roles within the judiciary system. Explore the nuances of legal appointments and judicial tenures in India.

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